Tuesday, Dec. 19, 1826.

The House met pursuant to adjournment.

Mr. Heard presented the petition of Reuben Chapman, as prosecuting attorney on the part of the state of Alabama, against Ebenezer Baldwin, for exhibiting a museum of live animals without a license, which was read and referred to a select committee, consisting of Messrs. Heard, Sims and Rhodes. Mr. Perkins presented the petition of Henry T. Anthony, clerk of the county court of Tuscaloosa county, praying the passage of a law, relieving him from the payment of a certain sum of money therein mentioned, which was read and referred to the committee on propositions and grievances.

Mr. Parham presented the memorial of sundry inhabitants of the town of Tuscumbia, and Franklin county, praying the passage of a law, appointing a certain number of commissioners to survey the State; that they be directed to visit Tuscumbia; and that they select a place for the location of the University of Alabama, and make report to the next General Assembly, which was read and laid on the table.

Message from the senate by Mr. Lyon, their secretary- Mr. Speaker,  the senate have passed a bill which originated in their house, entitled- an act explanatory of an act entitled, an act to provide for the election of justices and constables, passed December 31st, 1822, in which they desire your concurrence.

They have also passed bills, which originated in your house, entitled- an act to authorize the field officers of the 45th regiment, to form a company of militia in Broxton's settlement; and have amended the same by striking out all after the enacting clause, and substituting in lieu thereof the accompanying section.

An act prescribing the punishment of slaves and free persons of colour for the commission of the crime of manslaughter on other slaves or free persons of colour; and have amended the same by inserting at the end of the 4th line of the 1st section, the word “committed:” an act directing in what manner,  and in what courts, suits may be brought against the state of Alabama; and have amended the 3d, 5th and 6th sections thereof, in the manner herewith shown: an act to alter the mode of appointing assessors and tax collectors and for other purposes; and have amended the same by striking out the 2d section thereof, and substituting the accompanying section; also, by adding a proviso to the end of the 7th section, and by striking out the word "two," in the last line of

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the 8th section, and inserting the word “three.” They have also passed a joint a resolution of the senate and house of representatives of the state of Alabama disapproving certain resolutions of the legislatures of the states of Delaware, Connecticut, Illinois and Indiana, concurring with a resolution of the state of Ohio, proposing the emancipation of slaves; and a resolution of the legislature of New Jersey, recommending a system of foreign colonization; and have amended the same by striking from the third paragraph of the report which precedes the resolutions, the words “disrespectful and unwarrantable,” and inserting in lieu thereof the words “impolitic and incompatible with the rights and interests of the slave holding states.” In all of which several amendments they respectfully desire the concurrence of your honorable body.

They have also adopted the following resolution, in which they desire your concurrence.

Resolved, That a committee be appointed on the part of the Senate, to act with such committee as may be appointed on the part of the House of Representatives, to examine the treasury notes taken in by the state treasurer, with instructions after examining the same, to destroy the amount taken in, in the presence of said committee, and the sum so destroyed, to report to each branch of the General Assembly. They have appointed a committee on their part to consist of Messrs. Sullivan, Casey and Powell, and then he withdrew.

Mr. McClung presented the petition of John Snoddy, praying the passage of a law to emancipate a certain slave therein named, which was read and referred to a select committee, consisting of Messrs. McClung, Moore of Mad. and Bradford.

Mr. Perry presented the account of William Humphrie, which was read and referred to the committee on accounts.

Mr. Moore of Mad. from the committee on schools, colleges and universities and school and university lands, to which was referred the petition of sundry inhabitants in township 10, range 15, reported that it is inexpedient to grant the prayer of the petitioners; in which report the house concurred.

Mr. Edmondson from the committee on roads, bridges and ferries, to which was referred the petition of John McMarter, praying for relief for cutting his timber for making and repairing a causeway on the state road, leading from Tuscaloosa to Mobile, reported that it is inexpedient to legislate on the subject at this time in which report the house concurred.

Mr. McClung from the select committee, to which was referred the resolution of this house, requiring them to inquire fully into the charges made against David Moore, a member from Madison county, by Mr. Wills, reported- That, at the meeting of the committee heretofore appointed by this house, to whom was referred the preamble and resolution heretofore adopted in the case of Mr. Wills, which committee was composed of the same persons composing this committee, Mr. Wills alleged his readiness to prove that Dr. Moore belonged to the Huntsville party, provided he could procure the affidavit of Col. McKinley, who had left Tuskaloosa, for Washington city; or if the committee would receive the evidence of other gentlemen as to what Col. McKinley had stated. This evidence was unanimously determined to be inadmissible by some part of the same, on the ground that col. McKinley's affidavit was not within the reach of the committee, and that hearsay testimony cold not be received as a substitute; and that the committee were not clothed with the power under their then appointment, of investigating the truth of the charges against Doct. Moore; and by all of the committee it was believed to be of no avail, on the ground that, although Doct. Moore might belong to the Huntsville party, he was under the protection of the House. Your committee, acting under the


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last resolution, report, that before proceeding on the main duties assigned them, they addressed to Mr. Wills a note, of which the following is a copy:

A. Wills, Esq.- SIR: The select committee to whom was referred a preamble and resolution, instructing them to investigate fully the truth of the charges made by you against Doct. David Moore, a member from Madison county, have directed me to notify you, that the committee will assemble this evening at 7 o'clock, at my room, where they will be ready to receive any evidence you may think proper to offer, in support of the charges referred to in the resolution.

(Signed)                N.E. BENSON, Chairman.

1st Dec. 1826.

And received from him the following reply, to wit:

"N. E. Benson, Esq. Chairman of the select committee- SIR: I have had the honor to receive your note, informing me that the select committee would assemble this evening, to investigate fully the truth of the charges made by me against Dr. Moore. In answer, permit me to observe, that I am not conscious of having preferred any charge against Dr. Moore which requires investigation before a committee of the house of representatives. At the same time, it will be recollected, that when I was called before the committee, appointed to investigate the facts connected with the charges preferred by Dr. Moore against me, that I desired permission to introduce evidence to prove the truth of the charges which I had made against him. Such testimony, however, was, by the committee, deemed inadmissible. I cannot, therefore, perceive what advantage I can now derive from substantiating before your committee, the charges which I made against Dr. Moore, as the question in which I was personally concerned, has been already determined, upon Dr. Moore's own statements. For these and various other reasons which I might assign, I beg permission to decline availing myself of the privilege which you have been pleased to extend. I conceive that it will better comport with the relationship existing between Dr. Moore and myself, to appeal to a tribunal for the substantiation of the charges which I alleged against him- to whose awards both the representative and the constituent are equally amenable- the bar of public opinion. I have the honor to be, with sentiments of high consideration.

Your most obd't serv't.    (Signed,)          ANDREW WILLS.

Tuscaloosa, 1st Dec. 1826.

The following testimony was then taken in respect to the reference- to wit:

Wm. Acklen, jr. a member of the House of Representatives from the county of Madison, and State of Alabama, being called on by Dr. D. Moore his colleague, states, that he was on intimate terms with said Moore; that he never heard him say, nor did he know, for whom said Moore would vote for Senator to the Congress of the United States. (Signed)        WM. ACKLEN, jr.

Dec. 10, 1826.

Mr. McVay's statement.- “Being called on by David Moore, a member of Madison county, to state what I know in relation to his conduct in the Senatorial election, do not hesitate to say, that I saw nothing to justify a belief that he acted from party feelings, in any part of his conduct. On Saturday, Dr. Moore stated to me in a conversation with him on the subject, that he should vote for Clay, if the contest was between him and McKinley; if between McKinley & maj. Davis, he expected he should I vote with me, for McKinley; my having mentioned to Dr. Moore, my vote on the subject, Dr. Moore mentioned great personal respect for all the gentlemen. As near as I recollect, this is in substance what passed between us. (Signed)       H. MCVAY, m. h. r.”

Mr. Mead's statement- “Being called on by David Moore, a member from Madison county, to state what I know in relation to his conduct in the elec-


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tion of a Senator to the congress of the United States, do not hesitate to say that I saw nothing calculated to produce on my mind, that he was, or would be governed by party feelings. I had frequent conversations with him, but never heard him indicate how he should vote. I did on Saturday before the election, ask Dr. Moore how he should vote, when he remarked he should give an independent vote when the time arrived, and as it was now nearly come, when it would be known, he remarked,  he should vote for Mr. Clay as his first choice, and Mr. McKinley as his second; if the contest was between McKinley and Major Davis: that he respected all the gentlemen personally. I have served several years in the general assembly with Dr. Moore, as a member, and always viewed his course of conduct to be dictated by what he though to be his duty, and free from party feelings or prejudices.

Mr. Willis stated to me, that in a conversation, he, Wills, had with Dr. Moore on Sunday, that Dr. Moore stated to him he should vote for Clay; and if he could not succeed, he should vote for Mr. McKinley.

(Signed)- MARSTON MEADE, Representative from Blount County.

General Davis' statement- “Being called on by David Moore, a member from Madison county, and feeling it a duty to state what transpired between him and myself in relation to the senatorial election, for the congress of the United States, I will state that in several conversations had with Dr. Moore, on the subject, I never hard Dr. Moore intimate any thing like party feelings, or express a preference for either of the gentlemen spoken of as candidates, but expressed his determination to be governed in his vote, by the merits of the gentlemen who were spoken of as candidates. Just before going into the election, Dr. Moore remarked to me, that the time had nearly arrived when he would have to vote, and that he should vote for Mr. Clay; and if he could not be elected, and the contest was between McKinley and major Davis, that he should vote for Mr. McKinley; that he had a high person respect for them all as gentlemen. In all the conversations that had before taken place, Dr. Moore had not given any indications of his vote, though he well knew how I should vote on the subject. I do furthermore state, that Dr. Moore, in a conversation mentioned above, stated to me, that he did not know what was the opinion of his constituents on the subject; that if he did, he would vote for the person who would be most satisfactory to the people he represented.

(Signed)- JAMES DAVIS, member from Franklin county.”

The committee further report, that the said David Moore, on producing the above evidence, appeared before them, and offered to procure the testimony of every member of the House, if they were not satisfied which was considered unnecessary- They therefore, from the evidence which has been adduced, as an act of justice to the said David Moore, are constrained to say, that there is not only no evidence to implicate him, but that the charges in question are entirely disproved.

Mr. Coopwood moved that said report lie on the table; which was lost.

The House then concurred in the report of the committee.

Mr. Dennis from the select committee, to which was referred a bill to be entitled- an act to appoint commissioners for the counties of Covington and Henry, reported a substitute in lieu thereof, which was read a second time and ordered to be engrossed for a third reading.

Mr. Terry, from the select committee, to which was referred so much of the governor's message as relates to the permanent boundary between this state and the state of Georgia, with the accompanying documents, reported that on examination of the documents, including the correspondence between the commissioners of this state and the state of Georgia, and the map of the


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Chattahooche river, executed by Charles Lewis, esq. one of the commissioners of this state, has led them to the conclusion that the construction insisted on by the commissioners of this state, is the only just and fair interpretation of the articles of agreement and cession, between the United States and the state of Georgia, which was made the rule of their conduct, by the resolution of the General Assembly under which they acted. In submitting to the house of representatives the opinion of the committee on the construction given in the compact by our commissioners, they cannot refrain from expressing their regret, that in consequence of a different construction given by the commissioners of the state of Georgia, no boundary line has been run by the joint concurrence of the commissioner of the two states; and your committee are of opinion, that the line run by the commissioners of Georgia ought not to be acknowledge, by the authorities of this state, as the boundary line between the two states- In which report the House concurred.

Mr. Lawler, from the select committee to which was referred a bill to be entitled - an act to establish a road from Montevallo to Greensborough, reported the bill with sundry amendments, which were concurred in by the House; the bill was then read as amended a second time, and ordered to be engrossed for a third reading.

Mr. Crenshaw, from the select committee to which was referred a bill to be entitled an act to alter the time of holding the county courts of Lawrence and Limestone counties, reported the bill with sundry amendments; which were concurred in by the House. The bill was then read a second time as amended,  and ordered to be engrossed for a third reading.

A bill to be entitled an act to authorize the Governor to subscribe for the stock reserved for the state in the Bank of Mobile, was then taken up. Mr. Moore of Jack. offered the following amendment: 'which said directors shall not in any event be holders of stock in the said Bank of Mobile;' which was adopted. The bill was then read as amended, a second time, and ordered to be engrossed for a third reading.

Mr. Duke obtained leave to bring in a bill to be entitled an act amendatory to an act passed on the 14th January, 1826, entitled an act to authorize Wm. H. Ragsdale and his associates to turnpike a road therein specified; which was read a first time, and ordered to be read a second time.

Mr. Coopwood obtained leave to bring in a bill to be entitled an act further to relieve insolvent debtors, and the better to secure the rights of creditors; which was read a first time. Mr. McClung moved that the further consideration thereof be indefinitely postponed, which was lost. The bill was then ordered to be read a second time.

Mr. Weissinger obtained leave to bring in joint resolutions for ascertaining the sense of the good people of this state in relation to the permanent seat of their state government; which was read a first time; and the question being put, shall this resolution be read a second time? it was determined in the negative--

Yeas 30-- Nays 31.

The yeas and nays being desired-- those who voted in the affirmative are

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Mr. Speaker

Coopwood

Johnson

Moore of Jack.

Ross

Benson

Coleman

Jones

McVay of Laud.

Roberts

Bridges

Dale

Lawler

Mead

Smith of Hen

Bailey

Dennis

Lewis

Massey

Terry

Broadnax

Edwards

Montgomery

Pickens

Weissinger

Crenshaw

Greening

Moore of Mad.

Perry

Walthall- 30

Those who voted in the negative are

Mr. Acklen

Barclay

Duke

McClung

Rhodes

Ambrister

Craig Coe

Edmondson

McVay of Law.

Raney

Brown

Davis of Fr.

Ellis

Martin

Smith of Lau.

Bell

Davis of Jack.

Exum

Neill

Sims

Bradford

Dupuy

Fluker

Perkins

Williams

Brasher

Dubose

Harris

Parham

Whitfield- 31.

A bill to be entitled an act to establish an office of discount and deposite of the Bank of the State of Alabama at  ________,  in the Tennessee valley, was then taken up. Mr. Moore of Mad. moved to amend the 14th section, by adding, after the word 'deposite,' the words 'or at the Bank of the State of Alabama,' which was carried.

The bill was then laid on the table.

Mr. McVay of Laud. offered the following preamble and resolution:

Whereas there are many disorderly, idle, dishonest men, fugitives from justice, who have fled from the operations of the laws of their country, and have for an asylum taken up their abode in the Chickesaw and Choctaw nations of Indians, and there remain secure for the operations of the laws of the adjoining states, by which means they evade in many instances the just punishment due their offences, and cause honest creditors to suffer the loss of just debts, &c.

Therefore, be it Resolved, That the committee on the judiciary be instructed to inquire into the expediency and constitutionality of so providing by law that persons who reside within the chartered limits of this state in either of those nations, be made amenable to the laws thereof, and that they may be arrested, sued, and brought to justice in like manner as other citizens of said state, with leave to report by bill or otherwise; which was adopted.

Engrossed bill from the Senate, entitled an act to prevent the Creek Indians from hunting and trapping within the settled limits of this state, was then taken up, and read a second time.

Ordered, that the House concur in the report of the judiciary committee, by striking out the word Creek. Mr. Ross moved to amend the bill at the end thereof, in the following manner: 'and place the same in the hands of some constable, whose duty it shall be, on giving ten days notice by public advertisement, to proceed to sell the same to the highest bidder, for cash, and pay the proceeds thereof into the county treasury.' Mr. Coopwood moved to amend the amendment, by adding after the word treasury, the words 'after deducting his fees for said service,' which was carried. The question was then put on the adoption of Mr. Ross's amendment as amended, and carried. Mr. Moore of Jack. offered the following amendment: 'Sec. 4. And be it further enacted, that the provisions of this act shall not extend to the Cherokee, Chickasaw or Choctaw nations of Indians and


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that this act shall not take effect, or be in force until the first of April next,' which was adopted. Mr. Davis of Fr. offered the following amendment; 'Sec. 3. And be it further enacted, that the Governor be requested to transmit to the agent of the Creek Indians a copy of this act, for the information of said nation of Indians,' which was adopted. It being then ten minutes past one o'clock, Mr. Acklen moved that the House adjourn until 3 o'clock this evening; which was carried- Yeas 31, nays 29.

The yeas and nays being desired, those who voted in the affirmative are

Mr. Speaker

Brasher

Dubose

McClung

Parham

Acklen

Bailey

Duke Ellis

Montgomery

Perry

Ambrister

Crenshaw

Fluker

Mead

Smith of Hen.

Bridges

Craig

Greening

Massey

Smith of Laud

Broadnax

Coopwood

Johnson

Perkins

Terry

Bradford

Coleman

Lawler

Pickens

Whitfield- 31

Those who voted in the negative are

Mr. Benson

Dennis of Jack.

Harris

McVay of Law.

Roberts

Bailey

Dale

Jones

Martin

Sims

Brown

Dennis

Lewis

Neill

Williams

Bell

Dupuy

Moore of Mad.

Ross

Weissinger

Coe

Edmondson

Moore of Jac

Rhodes

Walthall- 29

Davis of Fr.

Exum

McVay of Laud.

Raney

 

Evening session, 3 o'clock. The House met pursuant to adj'ment.

The House resumed the consideration of a bill from the Senate, entitled an act to prevent the Creek Indians from hunting and trapping within the settled limits of this state. Mr. Dale moved to amend the bill by adding Choctaws, which was carried. Mr. Lewis moved to amend the bill by striking out of Mr. Moore's amendment, Choctaw, Chickasaw and Cherokee Indians, which was carried. The bill was then ordered to be read a third time.

Mr. Brasher obtained leave to introduce a memorial to the Congress of the United States; which was read a first time, and ordered to be read a second time.

Mr. Ross, from the select committee to which was referred the memorial of Thadeus Sandford and Wm. D. Stone, reported a bill to be entitled an act to incorporate the Alabama and Tennessee Canal Company; which was read a first time, and ordered to be read a second time.

Ordered, that the House concur in the amendments made by the Senate to the bill entitled an act to authorize the field officers of the 46th regiment to form a company of militia in Braxton's settlement, by striking out all after the enacting clause, and substituting in lieu thereof the following section: 'That the field officers of the 46th regiment and the field officers of the 16th regiment, be and they are hereby required to form and organize a company of militia in their several regiments, one in what is known by the name of Broxton's settlement, in Dale county, and one in Kennedy's settlement in Marion county, each of which companies may consist of a less number of privates than is now required by law.

Ordered, that the House concur in the amendments made by the


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Senate, to the bill entitled an act prescribing the punishment of slaves and free persons of color for the commission of the crime of manslaughter on other slaves or free persons of color, by inserting at the end of the 4th line of the 1st section the word 'committed.'

Ordered, that the House concur in the amendments made by the Senate to the bill entitled an act directing in what manner and in what courts suits may be brought against the state of Alabama, by striking out of the 4th line of the 3d section, and insert in lieu thereof 'except such writ of error be sued out, or such appeal be taken within the time prescribed by law in cases to which the state is not a party;' and in the 5th section, after the concluding word security, add 'which shall operate as a supersedeas;' and in section 6, 3d line, for 'two may,' insert 'shall.'

Ordered, that the House disagree to the amendment made by the Senate to the bill entitled an act to alter the mode of appointing assessors and tax collectors, and for other purposes, by striking out the 2d section, and insert in its place, 'that the assessor and tax collector for the year 1827 shall be elected as heretofore provided by law'- Yeas 43, nays 16.

The yeas and nays being desired, those who voted in the affirmative are

Mr. Speaker

Brasher

Dale Dennis

McClung

Rhodes

Benson

Barclay

Dupuy

McVay of Laud

Raney Roberts

Bridges

Craig

Dubose

McVay of Law.

Smith of Hen.

Bailey

Coe

Duke

Martin

Smith of Lau.

Brown

Coopwood

Ellis

Massey

Terry

Bradford

Coleman

Edwards

Neill

Williams

Broadnax

Davis of Fr.

Harris Jones

Parham

Weissinger

Bell

Davis of Ja.

Lewis

Perry

Whitfield- 43

Those who voted in the negative are

Mr. Acklen

Edmondson

Johnson

Moore of Jack.

Perkins

Ambrister

Exum

Lawler

Mead

Ross Sims

Crenshaw

Fluker

Montgomery

Pickens

Walthall - 16

The House concur in the amendments to the bill by adding the following proviso to the end of the 7th section: "provided,  that if the office of county court judge be vacant, that the commissioners of roads and revenue shall make the appointment; and if a majority of them cannot agree,  then and in that case the appointment shall be made by the clerk of the county courts; and if there shall be no clerk, by the justice of the peace residing nearest the seat of justice for the county in  which such vacancy may exist: and by striking out of the 8th section the word “two,” and inserting in lieu thereof the word “three.”

Ordered, That the House concur in the amendments made by the Senate to a joint resolution of the Senate and House of Representatives of the state of Alabama, disapproving certain resolutions of the legislatures of the state of Delaware, Connecticut, Illinois and Indiana, concurring with a resolution of the state of Ohio, proposing the emancipation of slaves, and a resolution of the legislature of New Jersey, recommending a system of foreign colonization by striking from the 3d paragraph of the report which precedes the resolutions the


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words "disrespectful and unwarrantable,” and inserting in lieu thereof the words “impolitic and incompatible with the rights and interest of the slave holding states.”

Ordered, that the House concur in the resolution from the Senate to appoint a committee on the part of this House, to act with the committee appointed on the part of the Senate, to examine the treasury notes taken in by the state treasurer, remaining the treasury, with instructions, after examining the same, to destroy the amount taken in, in the presence of said committee, and the sum so destroyed to report to each branch of the General Assembly. Whereupon Messrs. Perry, Raney and Davis of Jack. were appointed said committee.

Mr. Dale offered the following resolution: Resolved, that the military committee be requested to inquire into the propriety of authorizing the purchase of two four pounders for the use of a company of artillery belonging to the 25th regiment of Alabama militia, with leave to report by bill or otherwise; which was lost.

Engrossed bill from the Senate, entitled an act for the relief of Andrew O. Horn, was read a first time; and the rule requiring bills to be read on three several days being dispensed with, it was read a third time and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, entitled an act explanatory of an act, entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31st, 1822, was read a first time, and ordered to be read a second time.

Engrossed joint resolution from the Senate, requiring the Banks of Mobile and Tombeckbe to report their situation to the General Assembly- Mr. Craig offered the following amendment: after the word 'capital' insert 'specie, the notes of other banks, and also the amount of doubtful and bad debts due the bank;' which was adopted. The resolution was then referred to the judiciary committee.

Bills of the following titles to wit: An act to repeal an act, incorporating the town of Rodney in Washington county; an act authorizing David Leach to emancipate a slave therein named; an act supplementary to an act, for the government of the port and harbour of Mobile; an act to authorize Wm. Waller to manumit certain slaves therein named; an act for the relief of Charles A. Henry; an act supplementary to an act, to establish a state university; an act to authorize plaintiffs to discontinue their actions against one or more defendants in all actions of assumpsit; an act for the relief of James Millican; an act to regulate the fees of certain public officers in Baldwin county, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act for the improving the road leading from Blakely to the upper line of Baldwin county, by the way of Durant's: Mr. Roberts moved to amend the bill by adding thereto an additional section; which was carried. It was then read as amended, and ordered to be engrossed for a third reading.


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Mr. McVay of Laud. presented the account of Henry Minor, which was read, and referred to the committee on accounts.

Nathan Smith, a member from the county of Madison, appeared, was qualified and took his seat.

And then the House adj'd until tomorrow morning 10 o'clock.