Saturday, December 2, 1826.

The House met pursuant to adjournment.

Mr. Davis of Fr. from the military committee, to which was referred the petition of sundry inhabitants of Marion county, reported a bill to be entitled an act to form a company of militia in Kennedy's settlement, in Marion county; which was read a first time, and ordered to be read a second time.

Mr. Davis of Fr. from the military committee, to which was referred the petition of sundry citizens of Pike county to divide the 42d regiment of the militia of this state, reported a bill to be entitled an act to divide the 42d regiment of the militia of this state; which was read a first time, and ordered to be read a second time.

Mr. Dale from the select committee to which was referred the petition of Romeo Andre, reported a bill to be entitled an act to authorize Romeo Andre to emancipate certain slaves therein named;  which was read a first time, and ordered to be read a second time.

Mr. Ross, from the committee on accounts, to which was referred the account of John Murphy, claiming compensation for his attendance as a witness on the part of the state in the circuit court of Butler county September, 1826, reported that said account is legally chargeable upon the county treasury; and beg leave to be discharged from the further consideration thereof: which was agreed to.

Mr. Ross, from the committee on accounts, to which was referred the account of Wm. D. Hart, claiming compensation for services rendered as bailiff of the circuit court of Lawrence county, at the July term, 1823, reported that said account is legally chargeable upon the county treasury; and ask leave to be discharged from the further consideration thereof: which is granted.

Mr. Ross, from the committee on accounts, to which was referred the account of William Jones, for expenses in carrying William D. Mitchell from Moulton to Bellefont, pursuant to an order of court made in Moulton, reported that it does not appear, in the first place, what court made the order referred to by Jones in his account; secondly, that he said account is not legally authenticated and certified, and thereby that, according to law, the said account, if correct, is payable out of the county treasury of the proper county in which the offence was committed. For these seasons, your committee are of the opinion that the said account ought not to be allowed; and ask leave to be discharged from the further consideration of the same: which was granted.

Mr. Ross from the committee on accounts, to which was referred the account of E. Pharr, sheriff of Wilcox county, for keeping Jesse Tidder in the jail of Wilcox county, reported that the account is chargeable upon the state treasury, but inasmuch as the same is not authenticated according to the mode prescribed by law, ought not to be allowed; and


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ask leave to be discharged from the further consideration of the same as which was granted.

Mr. Ross, from the committee on accounts, to which was referred the accounts of Sarah Mullin, John Murphry, and William Murphry, claiming compensation for attendance in the circuit court of Conecuh county as witnesses in behalf of the state, reported that the aforesaid accounts are legally chargeable upon the county treasury; and ask leave to be discharged from the further consideration thereof: which was granted.

Mr. Ross, from the committee on accounts to which was referred the account of John Gillies, jailor of Conecuh county, for the sustenance of prisoners in the jail of said county of Conecuh, reported that the said account is not legally certified; that it does not appear that the persons mentioned in said account were committed for any criminal or supposed criminal offences;  that it appears to your committee that some of the persons committed were slaves, and that it does not appear that any of the said slaves were committed for offences which would subject the state to the payment of their sustenance.  For the foregoing reasons, your Committee are of the opinion that the said account ought not to be allowed; and ask leave to be discharged from the further consideration of the same; which was granted.

Mr. Weissinger, for the select committee to which was referred a bill to be entitled an act to authorize the Judge of the County Courts, and Commissioners of roads and revenue, of Perry county, to appoint some suitable person to transcribe certain parts of the records of the County Court aforesaid, reported a substitute in lieu thereof.  In which report the House concurred. Said bill was then read a second time, and ordered to be engrossed for a third reading.

Mr. Greening, from the select committee to which was referred the petition of Thomas Loyd, praying the emancipation of a certain slave therein named, reported a bill to be entitled an act to emancipate certain slaves therein named; which was read a first time, and ordered to be read a second time.

Mr. McVay of Laud. obtained leave to introduce a bill to be entitled an act better to provide for leasing the sixteenth section therein named; which was read a first time, and ordered to be read a second time.

Mr. Williams obtained leave to introduce a bill to be entitled an act to amend the usury law; 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 petition of sundry inhabitants of the City and County of Mobile, reported a bill to be entitled an act supplementary to the several acts heretofore passed in relation to the County Court for the County of Mobile, and for other purposes; which was read a first time, and ordered to be read a second time.

On motion of Mr. Massey, Resolved, That the military committee instructed to inquire into the expediency of passing a special act to admit of the 12th regiment, 3d brigade Alabama militia being divided into three battalions; the first to be commanded by a Lieutenant Colonel, the second and third to be commanded by first and second Majors.

Mr. Coopwood offered the following preamble and resolution:

Whereas it is important to the people of this state that they should know whether or not the debts due the Bank are well secured --


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Be it therefore Resolved, That the bank committee be instructed to inquire into the expediency of so amending the act entitled an act to amend the charter of the Bank of the State of Alabama, passed the 2d day of Jan. 1826, as to make it the duty of the committee elected by the authority of said act, to send for the members from the different counties, and examine them apart from any others in regard to the probable solvency or insolvency of the debtors to the Bank in their respective counties, with leave to report by bill or otherwise;  which was adopted.

Mr. Lewis, from the select committee to which was referred the communication of his Excellency the Governor of the state of Louisiana, enclosing resolutions from the General Assembly of the state of Louisiana, approving of an amendment of the constitution of the United States proposed by the General Assembly of the state of Georgia, passed the 22d day of Dec. 1823, reported sundry resolutions. In which report the House concurred.

A bill to be entitled an act amendatory of an act prescribing the mode of executing original process --

Mr. Smith of Laud. offered the following amendment to the section: “but no notice shall be deemed sufficient without proof being made to court that the defendant had information of the same;” which was lost.

Mr. Dubose offered an amendment by way of proviso; which was lost. It was then read a second time, and ordered to be engrossed for a third reading.

A message from the Senate by Mr. Crabb, their assistant secretary. Mr. Speaker- The Senate have read three times and passed, bills which originated with your honorable body, of the following titles, to wit: an act for the relief of Zephaniah Hicks; and, an act to declare certain parts of the Choctawhatchee and Pea rivers public highways. And then he withdrew.

Mr. Terry obtained leave to introduce a bill to be entitled an act to establish an additional election precinct in the county of Autauga; which was read a first time, and ordered to be read a second time.

A bill to be entitled an act to authorize solicitors to swear witnesses to send to the grand jury, was laid on the table.

Bills of the following titles, to wit: an act to repeal in part, and amend an act concerning the execution of justices' warrants; an act to permit defendants in all cases to plead a partial failure of consideration; an act to incorporate the Moulton Troop of Cavalry of Lawrence county; and, an act to make an appropriation for digesting and revising the militia and patrol laws of this state, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act to amend an act, entitled an act concerning roads, highways, bridges and ferries in the county of Mobile said bill being on its second reading-

Mr. Mead moved to amend the first section by inserting the words "per annum" after the word dollars; which was carried. Ordered that the same be referred to the committee on roads, bridges & ferries

H


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A bill to be entitled an act to establish the military and patrol laws of this state, as digested by Thomas W. Farrar, and for printing and distributing the same, being on its second reading--

Mr. Ross moved to amend the 4th section by striking out the word “regiment,” and insert in lieu thereof the word “battalion;” which was carried.

Mr. Johnson moved to amend the same section by inserting the words “or his first superior officer,” and the word battalion; which was carried.

Mr. Mead moved a reconsideration of the vote taken on Mr. Johnson's amendment, with a view to strike out the word “first,” and insert in lieu thereof the word “next;” which was carried.

Mr. Mead then moved to strike out the word “first,” and insert in lieu thereof the word “next;” a division of the question being called for, the vote was taken on striking out, which was carried.

Mr. Massey offered the following amendment: “on failure so to do he shall forfeit and pay the sum of five dollars, to be recovered before any justice of the peace in whose beat such failure shall take place;" which was adopted.

Mr. Mead moved to amend the amendment by inserting after the word “do,” the words “in one month after his resignation or removal;” which was carried.  Ordered, That the same be recommitted to the military committee, to consider and report thereon.

A bill to be entitled an act authorizing Thomas H. Douglass to retail spirituous liquors within the county of Lawrence, being on its second reading - Mr. McClung moved to amend the same by way of proviso, which was carried. Mr. Harris moved that the same lie on the table till the first day of June next, which was lost.  Mr. Crabb moved to amend the proviso by inserting the words “at the same time,” after the word “county,” which was carried. Mr. Moore of Mad. moved that the further consideration of the same be postponed till Monday next; which was agreed to.

A bill to be entitled an act concerning state roads, being on its second reading, was referred to a select committee, consisting of Messrs Crenshaw, Ellis and Moore of Jack.

A bill to be entitled an act to authorize Pleasant May, guardians of the person & property of Thaker Vivion, a minor, to remove the property of said minor from the county of Washington to the country of Greene, was recommitted to the judiciary committee.

Bills of the following titles, to wit: an act to compensate witnesses attending magistrates courts; and an act to incorporate a body of free masons at Claiborne, in Monroe county, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act to amend an act to establish the House of the State of Alabama, approved Dec. 20th, 1823, was referred to the committee on the State Bank.

A bill to be entitled an act to amend an act entitled an act to establish a permanent seat of justice in the county of Jackson, and


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other purposes, was referred to a select committee, consisting of Messrs. Moore of Jack, Barclay and Acklen.

Ordered, That Mr. Massey be added to the military committee.

On motion of Mr. Greening, Resolved, That the judiciary committee be instructed to inquire into the expediency of passing a general law to authorize the removal of property belonging to estates from one country to another, and the transfer of all accounts and vouchers in relation to such estates to the County Court of the county to which such property may be removed.

A bill to be entitled an act authorizing certain claims against the state, as well as certificates of state witnesses, to be received in discharge of fines and forfeitures, was referred to the judiciary committee.

A resolution instructing our Senators in Congress, and requesting our Representatives, to use their endeavors to obtain the passage of a law extending to the members of the state legislatures the privilege of franking letters, papers and documents, and also of receiving by mail all letters, papers and documents to them directed, free from postage, during their attendance on the sessions of their respective legislatures, was read a second time, and the question being put, shall this resolution be engrossed and read a third time? it was determined in the negative.

On motion of Mr. Harris, Resolved, That the judiciary committee instructed to inquire into the expediency and constitutionality of prohibiting by law any person from carrying a dirk, pistol, or any other assassin like weapon.

Mr. McVay of Law. offered the following resolution:

Resolved, That the judiciary committee be instructed to inquire into the expediency of passing a law, requiring that when property is executed by virtue of an execution, that the officer who issued the execution, if required by the defendant in the execution, shall have summoned two respectable citizens, of the county wherein he resides, by whom such property shall be valued, and the plaintiff shall take said property at two thirds of such valuation; or in case he refuse to take said property at such valuation, in discharge of the execution, then and in that case the defendant in such execution shall have a stay of twelve months, by entering into bond with approved security for the faithful and punctual discharge of the same, with leave to report by bill or otherwise. And the question being put, shall this resolution be adopted? it was determined in the negative- yeas 15, nays 43.

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

Mr. Armbrister

Barclay

Dubose

Jones

Perry

Broadnax

Coopwood

Edmondson

McVay of Law

Powell

Bell

Davis of Fr.

Heard

Mead

Terry- 15

Those who voted in the negative are

Mr. Speaker

Craig

Coe Exum

Moore of Mad.

Parham Ross

Acklen

Coleman

Fluker

Moore of Jack

Smith of Henry

Benson

Davis of Jack

Greening

McVay of Laud.

Smith of La.

Bridges

Dale Dennis

Harris

Martin

Sims

Bailey

Dupuy

Johnson

Massey

Williams

Brown

Duke

Lawler

Neill

Weissinger

Bradford

Ellis

McClung

Perkins

Walthall

Crenshaw

Edwards

Montgomery

Pickens

Whitfield- 43


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A bill to be entitled an act to alter the mode of appointing assessors and tax collectors, and for other purposes--

Mr. Ross moved to strike out the second section, which was lost Mr. Walthall moved to strike out the eighth section, which was lost. It was then read a second time, and ordered to be engrossed for a third reading.

Engrossed bills of the following titles, to wit: an act for the relief of Mary Latham; an act authorizing Sarah Bowie, administratrix of John Bowie, deceased, to sell and transfer certain real estate; and an act authorizing Benjamin F. Perry to emancipate a certain slave therein named, were severally read a third time and passed.

Ordered, That the titles be aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled an act to divorce Olivia A. Taylor from John Taylor, was laid on the table.

And then the House adjourned until Monday morning 10 o'clock.