Friday, December 22, 1826.

The House met pursuant to adjournment.

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

Mr. Speaker- The Senate insist on their amendment to the bill en-

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146

titled an act to alter the mode of appointing assessors and tax collectors, and for other purposes, by striking out the 2d section, and substituting another in lieu thereof.  They have read three times and passed a bill which originated in your House, entitled an act to authorized the trustees of certain 16th sections in Jackson county to lease them for any number of years not exceeding twenty; and, an act giving further time to persons holding claims against their respective counties to file the same.  They have read three times and passed, bills which originated in their House, entitled an act relative to certain officers in Fayette county; an act for the relief of the legal representatives of Daniel Duvall; and, an act more effectually to provide for the due execution of certain laws; and, an act to incorporate the Cahawba navigation company: In all of which they ask your concurrence.  And then he withdrew.

Mr. Bridges, from the committee on enrolled bills, reported, that they had examined and found correctly enrolled, bills which originated in the Senate, of the following titles, to wit: an act compelling clerks and sheriffs in certain counties therein named, to keep their offices at their several court houses; an act to repeal in part an act entitled an act establishing the town of Carthage, in Tuscaloosa county; an act to change the times of holding the county courts of Jefferson and Madison counties; an act to divorce John Diamond from Lizzy Diamond; and, an act for the relief of Andrew O. Horn.  also, bills which originated in the House, of the following titles, to wit: an act prescribing the punishment of slaves and free persons of color for the commission of the crime of manslaughter on other slaves of free persons of color; an act to authorize the field officers of the 46th regiment to form a company of militia in Broxton's settlement; an act to divide the 42d regiment of the militia of this state; an act directing in what manner an din what courts suits may be brought against the state of Alabama: and, a joint 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.

The House insist on their disagreement 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.  Ordered, that a committee of conference be appointed on the part of this House.-- Whereupon Messrs. Weissinger, Davis of Fr. and Terry were appointed said committee.

Mr. Perkins, from the committee on proposition and grievances, to which was referred a resolution of this House instructing them to inquire into the propriety of allowing compensation to B. B. Breedin, Esq. for his services as solicitor in the county court of Mobile county, reported a bill to be entitled an act providing for the compensation of B. B. Breeding; which was read a first time, and ordered to be read a second time.


147

On motion of Mr. Barclay, Resolved, that a select committee be appointed to inquire into the expediency of reducing the price of the Digests of the Laws of the State of Alabama that are yet unsold- Whereupon Messrs. Barclay, Moore of Mad. and Sims were appointed said committee.

Mr. Heard, from the select committee to which was referred the petition of Reuben Chapman, reported a bill to be entitled an act to compensate Reuben Chapman for certain services therein mentioned; which was read a first time, and ordered to be read a second time.

Mr. Terry obtained leave to bring in a bill to be entitled an act to define the boundary line between Shelby and Autauga counties; which was read a first time, and ordered to be read a second time.

Ordered, that Messrs. Smith of Mad. Perkins and Johnson be added to the committee on propositions and grievances.  Ordered, that Mr. Smith of Mad. be added to the military committee.

The House took into consideration 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.  The bill was then read a third time.  Mr. Greening moved that the bill lie on the table.

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

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

The House resumed the consideration of the 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.  The question was put on Mr. Greening's motion to lay the bill on the table; which was lost.  Yeas 23, Nays 33.

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

Mr. Speaker

Broadnax

Greening

Mead

Terry

Benson

Crenshaw

Johnson

Martin

Weissinger

Bridges

Coleman

Jones

Massey

Walthall- 23

Bailey

Dennis

Lawler

Perry

Brown

Edwards

Lewis

Smith of Hen.

Those who voted in the negative are

Mr. Acklen

Coe

Exum

McVay of Laud

Raney

Ambrister

Coopwood

Fluker

McVay of Law

Smith of Lau.

Bell

Davis of Fr.

Heard

Neill

Smith of Mad.

Bradford

Davis of Ja.

Harris

Perkins

Sims

Brasher

Dubose

McClung

Parham

Whitfield- 33

Barclay

Edmondson

Moore of Mad.

Powell

 

Craig

Ellis

Moore of Jack.

Rhodes

 

Mr. McVay of Laud. moved to amend the bill by way of the following engrossed rider- "and that from an dafter that time, not individual partnership or body corporate, (the trustees of the University of Alabama, in their corporate capacity excepted,) shall become indebted, either directly or indirectly by discount or otherwise, in a greater amount than five hundred dollars, any thing in this act to the contrary notwithstanding.

Mr. Coopwood moved to amend the amendment by way of the following proviso.  Provided, that this section of this act shall not affect in any way those who have heretofore received greater discounts that five hundred dollars, which was carried; and the question was then put on the adoption of Mr. McVay's, of Laud. amendment, as amended, and was lost.  Mr. Lewis moved


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to amend the bill by way of the following engrossed rider.  Be it further enacted, that the provisions of this act be, and the same is hereby extended, so as to establish an office of discount and deposite of the state bank in the town of Montgomery.

Sec.      And be it further enacted. That the President and directors of the bank of the state of Alabama be, and they are hereby required, in behalf of the state, to supply the said office of discount and deposite at Montgomery, with the amount of the notes of the bank of the state of Alabama, to which the counties of Montgomery, Pike, Henry, Covington, Dale, Conecuh, Butler, Wilcox, Monroe, Dallas, Perry and Autauga, may be entitled to received by discount, in the same manner as prescribed in the second section.

Sec.     And be it further enacted, that the president and directors, to be elected at the town of Montgomery, shall consist of the same number, be elected in the same manner, continue in office the same length of time, subject to the same conditions, limitations and restrictions, required to perform the same duties, entitled to the same powers, rights and privileges, and in all things be governed by the same rules and regulations as are prescribed in the foregoing sections, in relation to the establishment of an office of discount and deposite of the bank of the state of Alabama in the Tennessee valley.

Sec.     And be it further enacted, that the said office of discount and deposite at Montgomery, shall continue as long at the office of discount and deposite established in the Tennessee Valley, and no longer; and the previous question being called for, which was Mr. Lewis proposed amendment- Yeas 34, Nays 29.

The Yeas and Nays being desired by Mr. Smith, of laud, those who voted in the affirmative are,

Mr. Speaker

Crenshaw

Dubose

Lawler

Parham,

Acklin

Coe

Duke

McClung

Ross

Benson

Coopwood

Edwards

Moore of Jack.

Roberts

Bridges

Coleman

Exum

McVay of Law.

Smith of Hen.

Bailey

Davis of Jack.

Greening

Massey

Terry

Brown

Dale

Johnson

Perkins

Weissinger-34

Broadnax

Dennis

Jones

Pickens

 

Those who voted in the negative are,

Mr. Ambrister

Davis of Frank.

Lewis

Neill

Smith of mad.

Bell

Edmondson

Montgomery

Perry

Sims

Bradford

Ellis

Moore of Mad.

Powell

Williams

Brasher

Fluker

McVay of Laud

Rhodes

Walthall

Barclay

Heard

Mead

Raney

Whitfield-29

Craig

Harris

Martin

Smith of Laud.

 

And the question was then put on the adoption of Mr. Lewis' amendment, and lost- Yeas 50, Nays 34.

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

Mr. Speaker

Crenshaw

Dupuy

Jones

Perry

Benson

Coe

Dubose

Lewis

Ross

Bridges

Coleman

Duke

Montgomery

Roberts

Bailey

Davis of Jack

Edwards

Mead

Smith of Hen.

Brown

Dale

Greening

Massey

Terry

Broadnax

Dennis

Johnson

Pickens

Weissinger, 30.

Those who voted in the negative are

Mr. Acklen

Coopwood

Harris

Martin

Smith of Laud.

Ambrister

Davis of Fr.

Lawler

Neill

Smith of mad.

Bell

Edmondson

McClung

Perkins

Sims


149

Bradford

Ellis

Moore of Mad.

Parham

Williams

Brasher

Exum

Moore of Jac.

Powell

Walthall

Barclay

Fluker

McVay of Laud.

Rhodes

Whitfield- 34

Craig

Heard

McVay of Law.

Raney

 

And then the question being put, shall this bill pass? it was determined in the negative- Yeas 29, Nays 33.

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

Mr. Acklen

Barclay

Ellis

McVay of Law.

Raney

Ambrister

Coe

Heard

Neill

Smith of mad.

Broadnax

Coopwood

Harris

Perkins

Sims

Bell

Davis of Fr.

McClung

Parham

Williams

Bradford

Davis of Ja.

Moore of mad.

Powell

Whitfield- 29

Brasher

Edmondson

Moore of Jack

Rhodes

 

Those who voted in the negative are

Mr. Speaker

Coleman

Exum

Montgomery

Ross

Benson

Dale

Fluker

McVay of Laud

Roberts

Bridges

Dennis

Greening

Mead

Smith of Hen.

Bailey

Dupuy

Johnson

Martin

Smith of Lau.

Brown

Dubose

Jones

Massey

Terry

Crenshaw

Duke

Lawler

Pickens

Weissinger

Craig

Edwards

Lewis

Perry

Walthall- 35

On motion of Mr. Lawler, Resolved, That the Speaker of this House request the rev. Robert Cunningham and James Hillhouse to preach in the representative hall this evening at six o'clock- and then the House adjourned till tomorrow morning 10 o'clock.