Thursday, December 21, 1826.

The House met pursuant to adjournment.

Mr. Broadnax presented the petition of the inhabitants of township 17, range 13, in the county of Autauga, praying the passage of a law to lease the 16th section in said township; which was read, and referred to a select committee, consisting of Messrs. Broadnax, Terry and Mead.

On motion of Mr. Heard, Resolved, that the judiciary committee be instructed to inquire into the propriety of the passage of law making executions issued by justices of the peace bind property from the time they are delivered to the officer, in the same manner that executions do which are issued from the county and circuit courts.

Mr. Duke, from the select committee to which was referred the petition of sundry inhabitants of Marion county, reported a bill to be entitled an act to incorporate the town of Pikeville, in Marion county; which was read a first time, and ordered to be read a second time.

Mr. Exum obtained leave to bring in a bill to be entitled an act to repeal an act entitled an act to fix the time of convening the General Assembly of the state of Alabama, passed Dec. 6th, 1821; 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 to provide for the more speedy pubic auction of certain acts of the General Assembly of this state; which was read a first time, and ordered to be read a second time.

Mr. Roberts obtained leave to bring in a bill to be entitled n at to authorize the raising by lottery a sum of money for purposes therein specified; which was read a first time, and ordered to be read a second time.

Engrossed bill entitled an act to repeal in part and amend an act, to fix the salary of the President of the Bank of the State of Alabama, and for other purposes, passed Jan. 14th, 1826, was read a third time.  Mr. Moore of Mad moved that the further consideration of the bill be indefinitely postponed, which was lost- Yeas 31, nays 32.


144

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

Mr. Acklen

Crenshaw

Ellis

Lawler

Raney

Benson

Craig Coe

Fluker

Lewis

Smith of Hen.

Bridges

Coleman

Greening

Moore of Mad.

Smith

Bailey

Dennis

Harris

Moore of Jac.

Smith

Brown

Dupuy

Johnson

Mead

Williams

Bradford

Dubose

Jones

Martin

Walthall-31

Those who voted in the negative are

Mr. Speaker

Coopwood

Exum

Massey

Ross

Ambrister

Davis of Fr.

Heard

Neill

Rhodes

Broadnax

Davis of Jack.

McClung

Perkins

Roberts

Bell

Dale Duke

Montgomery

Pickens

Sims

Brasher

Edmondson

McVay of Laud

Parham

Weissinger

Barclay

Edwards

McVay of Law.

Perry

Whitfield- 32

And the question being put, shall this bill pass? it was determined in the affirmative- Yeas 32, nays 31.

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

Mr. Speaker

Davis of Fr.

Heard

Neill

Rhodes

Ambrister

Davis of Jack

McClung

Perkins

Roberts

Broadnax

Dale Duke

Montgomery

Pickens

Sims

Bell Brasher

Edmondson

McVay of Laud

Parham

Terry

Barclay

Edwards

McVay of Law.

Perry

Weissinger

Coopwood

Exum

Massey

Ross

Whitfield- 32

Those who voted in the negative are

Mr. Acklen

Crenshaw

Ellis

Lawler

Raney

Benson

Craig Coe

Fluker

Lewis

Smith of hen.

Bridges

Coleman

Greening

Moore of Mad.

Smith of L.

Bailey

Dennis

Harris

Moore of Jack.

Smith of mad.

Brown

Dupuy

Johnson

Mead

Williams

Bradford

Dubose

Jones

Martin

Walthall- 31.

Ordered, that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Mr. Lawler obtained leave to bring in a bill to be entitled an act to authorize James McDavid to emancipate certain slaves therein named which was read a first time, and ordered to be read a second time.

The House then resolved itself into a committee of the whole on 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, Mr. McVay of Land in the chair, and after some time spent therein, the committee rose, and Mr. Speaker resumed the chair, and Mr. chairman reported that the committee of the whole house had had under consideration the bill, and instructed him to report the same with an amendment, by striking out the enacting clause.

And then the House adjourned till this evening three o'clock.

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

The House resumed the consideration of 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, and the question being put on concurring with the report of the committee of the whole house, and determined in the affirmative- Yeas 52, nays 7.


145

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

Mr. Speaker

Coopwood

Fluker

McVay of Law

Rhodes

Acklen

Coleman

Heard

Mead

Raney

Ambrister

Davis of Fr.

Harris

Martin

Smith of Hen.

Brown

Davis of Jack.

Johnson

Massey

Smith of Lau.

Bell

Dupuy

Jones

Neill

Smith of Mad.

Bradford

Duke

Lawler

Pickens

Sims Terry

Brasher

Edmondson

McClung

Perkins

Williams

Barclay

Ellis

Moore of mad.

Parham

Weissinger

Crenshaw

Edwards

Moore of Jack

Perry

Walthall

Craig Coe

Exum

McVay of Laud

Powell

Whitfield-59

Those who voted in the negative are

Mr. Benson  Broadnax  Dubose  Greening  Montgomery  Ross  Robertson-7

A message from the Governor by James I. Thornton, secretary of state; and then he withdrew.  Said message is as follows, to wit:

EXECUTIVE DEPARTMENT, Dec. 21st, 1826.

The Hon. the Speaker and members of the House of Representatives:

Gentlemen- I hasten to lay before you a communication for the Governor, accompanied by a report and resolution of the Legislature, of the state of Georgia, on the subject of the line dividing this state and Georgia.

I have the honor to be, most respectfully, your obedient servant,

(Signed)                 JOHN MURPHY.

Ordered, that said message, with the accompanying documents, be referred to the select committee appointed on the subject of the dividing line between this state and the state of Georgia.

On motion of Mr. Moore of Jack. Resolved, That the Governor be informed that the Bible Society can have the use of the Representative Hall at five o'clock this evening.

Mr. Acklen obtained leave to bring in a bill to be entitled an act authorizing judges of the county courts to exercise additional jurisdiction in certain cases; which was read a first time, and ordered to be read a second time.

Engrossed bill from the Senate, entitled an act providing for the erection of a state capitol, was laid on the table.

Engrossed bill to be entitled an act supplementary to an act, to establish a state university, was read a third time and passed.  Ordered, that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Engrossed joint resolution approving the amendment proposed by the state of Tennessee to the constitution of the United States, was laid on the table till the day after tomorrow.

Memorial to the Congress of the United States on the subject of a donation to the trustees of the La Fayette Academy in the village of La Grange, was read a second time, and ordered to be engrossed for a third reading.

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