Wednesday, December 20, 1826.

The House met pursuant to adjournment.

Mr. Weissinger moved to spread on the journals of this House the following preamble and resolution, which was agreed to.

Whereas an act passed at the last session of the General Assembly by which the seat of the state government was permanently fixed on the town of Tuscaloosa: and whereas the will of the majority of the people forms the only legitimate rule of action in free governments: and whereas doubts exist as to the wishes of the good people of this state in relation to the permanent location of the seat of their states government:

1. Be it therefore Resolved, by the Senate and House of Representatives of the state of Alabama, in General Assembly convened, that it shall be the duty of the sheriffs of the several counties in this state, at the next general election, to open a poll at the various election precincts in their respective counties, in order to ascertain whether the electors in his state are satisfied that the seat of government ought to remain at Tuscaloosa.

2. And be it further resolved, That it shall be the duty of the clerks and managers of the elections of the different counties in this state to keep a true and perfect list of all those who are in favor of the seat of government remaining at Tuscaloosa, as well as those who are opposed to it; and certify the same to the returning officer of their respective counties, whose duty it shall be to transmit one copy thereof to the President of the Senate, and one to the Speaker of the House of Representatives, for the information of the two Houses of the General Assembly.

A message from the Senate by Mr. Lyon their secretary.

Mr. Speaker - The Senate recede from their amendments to the bill 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. They have read three times and passed, bills which originated in their House, entitled an act for the relief of C. B. Rountree; an act prescribing the mode of probating the will of Francis Jones, deceased; an act to provide for the distribution of the public arms among the different volunteer corps in this state; and, an act authorizing titles to the lands and town lots given to the state by the citizens of Tuscaloosa, to be made to the Governor, for the use and benefit of the state: in all of which they desire your concurrence. They have also passed bills which originated in the House of Representatives, entitled an act to divorce Kelly Stegall from Nancy Stegall: an act for the relief of Mary Latham; an act to amend an act, entitled an act to incorporate the town of Florence, in the state of Alabama; an act to divide the 36th regiment of Alabama militia; an act


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to repeal in part and amend an act, entitled an act for the relief of the inhabitants of the first township, range seven, east of the basis meridian of Huntsville, approved Jan. 9th, 1826; an act to authorize the judge of the county court and commissioners of revenue and roads of Shelby county to levy an extra tax for the purpose of building a jail in and for said county; and, an act to allow Wm. Whorton to erect a mill on Wills creek in St. Clair county, and have amended the same by filling the blank in the last session of the bill with the words 'five hundred,' and by adding the words 'for each and every such offence,' as herewith shown. In  which they ask your concurrence. And then he withdrew.

Ordered, that the House concur in the amendments made by the Senate to the bill entitled an act to allow Wm. Whorton to erect a mill on Wills creek in St. Clair county, by inserting after the word dollars, 'for each and every such offence.'

Mr. Coopwood presented the account of Alexander McDowell; which was read, and referred to the committee on accounts.

Mr. Lawler presented the account of James M. Nations; which was read, and referred to the committee on accounts.

Mr. Ross presented the petition of sundry inhabitants of the city and county of Mobile, praying the passage of a law requiring the judge of the first judicial circuit to remain in said circuit, and hold two terms of the circuit court, for the trial of all civil causes,  and two terms for the trial of all criminal matters, on the third Monday of November and the first Monday of April in each and every year; which was read, and referred to the judiciary committee.

Mr. McClung, from the judiciary committee, to which was referred a joint resolution approving the amendment proposed by the state of Tennessee to the constitution of the United States, reported the same without amendment. It was then read a second time, and ordered to be engrossed for a third reading.

Mr. McClung from the judiciary committee, to which was referred a resolution of this House, instructing them to inquire into the policy and expediency of so altering the laws now in force regulating the retailers of spirituous liquors, so as to allow any person to sell the same in any quantities not less than one quart, reported, that it is unpolitic and inexpedient to alter the existing laws as contemplated by said resolution; which report the House disagreed to. The said resolution was then referred to a select committee, consisting of Messrs. Moore of Jack, Davis of Fr. and Mead.

Mr. McClung, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of passing a law to make it the duty of all collecting officers to pay over to the county treasury such sums of money as may remain in their hands collected for individuals, after the expiration of a certain time, there to be kept at all times to the demands of legal owners, reported that it is unnecessary to legislate on the subject; and beg leave to be discharged from the further consideration thereof; which was granted.


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Mr. McClung, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of passing a law to cause the grand juries in each and every county in this state to be selected and drawn separately from the petit jurors, and to require the sheriffs of each and every county to summon the same within thirty days after drawn, and to advertise the names of the jury so summoned, at three or more public places in their respective counties, reported, that it is inexpedient to legislate on the subject;  which was laid on the table.

Mr. McClung, from the committee on ways and means, reported a bill to be entitled an act to raise a revenue for the support of government until otherwise altered by law; which was read a first time, and the rule requiring bills to be read on three several days being dispensed with, it was read a second time forthwith, and referred to a committee of the whole house on to-morrow. Ordered, that 100 copies thereof be printed for the use of this House.

Mr. Moore of Jack. from the committee on enrolled bills, reported, that they had examined and found correctly enrolled, bills which originated in this House, of the following titles, to wit: an act to amend an act passed Dec. 20th, 1820, amending an act passed 13th Nov. 1819, incorporating the town of Triana: an act authorizing the election of certain officers in the town of Greenville, in Butler county; an act more effectually to secure the compensation allowed by law to jurors therein mentioned; an act to compel the commissioners of the town of Greenville, in Butler county, to transfer all papers relative to the lots of the said town, to the judge of the county court and commissioners of roads and revenue of Butler county.

Mr. Parham, from the select committee to which was referred the petition of Isaac Winston, reported a bill to be entitled an act to authorize the administrator of Caleb B. Jones to sell and convey land;  which was read a first time, and ordered to be read a second time.

Memorial to Congress in relation to the public deposites in the Branch Bank of the United States of Mobile,  was read the third time and passed.  Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled an act to alter the time of holding the county courts of Lawrence,  Lauderdale, Dallas, Autauga,  Montgomery, Perry and Conecuh, was read a third time. Mr. Coe moved to amend the bill by way of rider, which was carried. The bill was then passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill from the Senate, entitled an act for the relief of C. B. Rountree, was read a first time. Mr. Moore of Mad. moved that the further consideration thereof be indefinitely postponed;  which was carried.

The House resolved itself into a committee of the whole, on a resolution proposing certain amendments to the constitution of the state of Alabama, Mr. McVay of Laud. in the chair; and after some time spent therein, the committees rose, Mr. Speaker resumed the chair,


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and Mr. Chairman reported the resolution without amendment.  Mr. Coopwood moved to amend the resolution by striking out three, and insert the worth both, and by adding 'of the General Assembly;' which was adopted.  The resolution was then read a second time, and ordered to be engrossed for a third reading.

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.  Mr. Coopwood moved to amend the 2d and 3d line, after the word notes, 'that the said president and directors are authorized to issue one hundred and fifty thousand dollars of solid capital, according to the provisions of the charter of the said Bank of the State of Alabama,' which was lost.  Mr. Moore of Mad. moved to amend the 3d section, at the end thereof, with the following: 'hereby established, provided, that if the notes discounted to the citizens of the counties above mentioned shall not amount to the quota belonging to the counties above mentioned, according to their representation in the general assembly of this state, then and in that case the president and directors of the Bank of the State of Alabama shall transmit to said office of discount and deposite such an amount of the bank notes of the Bank of the State of Alabama, as shall make up said quota to which said counties are or may be entitled to received, agreeably to the provisions of an act establishing the Bank, of the State of Alabama, passed Dec. 20th, 1823;' which was adopted.  Mr. Moore of Mad. moved further to amend the 9th section after the word 'in,' and insert 'every,' which was carried.  Mr. Moore moved further to amend the bill by adding thereto an additional section.  Mr. McVay of Laud., moved to amen the 5th section and 11th line by striking out the word 'two,' and insert 'one,’ which was lost.  Mr. Smith of Laud offered the following amendment to the 8th section, at the end thereof; 'and the legislature shall at all times have the right themselves, or by a committee or committees to be elected by a joint vote of both houses of the general assembly, to examine into every thin and matter belonging to the said bank, or in any wise appertaining thereto; and if such examination should be caused to be made by a committee of the two houses, or by commissioners as is herein provided, they shall report to the legislature the whole result of such examination, and whether there has been any violation of this law;' which was lost.-- Mr. Bridges moved to strike out the 14th section, which was lost-- Mr. Perkins moved to amend the 1st section by the following: "In the Tennessee valley, at a point to be determined upon as is hereafter directed."  Mr. Mead offered the following amendment to the 5th section and 38th line, after the words 'so help me God,' 'and moreover shall swear that they have neither directly or indirectly loaned or advanced any monies at a higher rate of interest than eight per cent per annum.'

It being ten minutes past two o'clock.  Mr. Benson moved that the House adjourn till tomorrow morning 10 o'clock--

Yeas 4-- Nays 59.

P


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

Mr. Benson

Harris

McClung

Ross- 4.

Those who voted in the negative are

Mr. Speaker

Craig

Ellis

Moore of Jac.

Raney

Acklen

Coe

Edwards

McVay of Lau

Roberts

Ambrister

Coopwood

Exum

McVay of Law

Smith

Bridges

Coleman

Fluker

Mead

Smith of La.

Bailey

Davis of Fr.

Greening

Martin

Smith of mad.

Brown

Davis of Ja.

Heard

Massey

Sims

Broadnax

Dale

Johnson

Neill

Terry

Bell

Dennis

Jones

Perkins

Williams

Bradford

Dupuy

Lawler

Pickens

Weissinger

Brasher

Dubose

Lewis

Parham

Walthall

Barclay

Duke

Montgomery

Perry

Whitfield- 59

Crenshaw

Edmondson

Moore of mad

Rhodes.

 

And then the House adjourned until this evening 3 o'clock.

Evening session, 3 o'clock.  The House met pursuant to adj’ment the bill entitled an act to establish an office of discount and deposite of the Bank of the State of Alabama at _______ in the Tennessee valley which was lost.   The bill was then read a second time, and ordered to be engrossed for a third reading.

Engrossed bill from the Senate, entitled an act to provide for the distribution of the public arms among the different volunteer corps in this state, was read a first time, and ordered to be read a second time.

Engrossed bill from the Senate, entitled an act authorizing titles to the lands and town lots given to the state by the citizens of Tuscaloosa, to be made to the Governor, for the use and benefit of the state was read a first time; and the rule requiring bills to be read on the several days being dispensed with, it was read a second time; and the rule being further dispensed with, it was read a third time and passed. Ordered, that the clerk acquaint the Senate therewith.

A bill to be entitled an act to establish a ferry and appoint commissioners to lay out and mark a road therein named, was read a second time, and ordered to be engrossed for a third reading.

Engrossed bill from the Senate, entitled an act prescribing the mode of probating the will of Francis Jones, deceased, was read a first time and ordered to be read a second time.

Engrossed 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 laid on the table until to morrow.

Mr. Lewis, from the select committee to which was referred so much of the Governor's message as relates to the Creek treaty, reported a bill to be entitled an at to extend the civil and criminal jurisdiction treaty of the Indian Springs of 1825, within the chartered limits of the state of Alabama; which was read a first time, and ordered to be read a second time.

A bill to be entitled an act for the relief of the William B. Allen-- Mr. McVay of Laud. moved that the further consideration thereof be indefinitely postponed, which was lost-- Yeas 22, nays 40.


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

Mr. Bailey

Crag

Coe Edmondson

McVay of Laud

Rhodes

Brown

Bell Coleman

Exum

McVay of Law.

Smith of La.

Bradford

Dupuy

Lewis

Massey

Smith of mad.

Brasher

Duke

McClung

Perkins

Terry-22.

Those who voted in the negative are

Mr. Speaker

Coopwood

Fluker

Moore of Ja.

Raney

Acklen

Davis of Fr.

Greening

Mead

Roberts

Ambrister

Davis of Ja.

Heard

Martin

Smith of Hen.

Benson

Dale

Harris

Neill

Sims

Bridges

Dennis

Johnson

Pickens

Williams

Broadnax

Dubose

Jones

Parham

Weissinger

Barclay

Ellis

Lawler

Perry

Walthall

Crenshaw

Edwards

Moore of Mad

Ross

Whitfield- 40

The bill was then referred to the committee on propositions and grievances.

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