Saturday, Dec. 23, 1826.

The House met pursuant to adjournment.

Mr. Massey presented the petition of Garland Hardwick, and Mary Hardwick, adm'r. and adm's of George Hardwick, sen'r deceased, praying the passage of a law authorizing the sale of certain real estate therein named, which was read and referred to a select committee, consisting of Messrs. Massey, Coleman, and Moore of Jackson.

Message from the senate by Mr. Lyon, their secretary.

Mr. Speaker- The Senate have passed bills which originated in their House- entitled, an act for the relief of James W. Armstrong, an act authorizing the extension of the lease taken by Seth Hunt, of the salt springs in Clarke and Monroe counties; an act to authorize E. Kennedy, adm'r. of William Wright, dec'd to sell real estate.

Joint resolutions providing for the purchase of certain books for the use of the state: an act to compenstate the commissioners appointed by the governor for ascertaining and marking the permanent boundary line between this state and Georgia: In all of which they desire your concurrence.

They have also passed bills which originated in the House of Representatives, entitled: an act for the relief of James hall, and an act to alter the time of holding the county courts of Lawrence, Limestone, Lauderdale, Dallas, Autauga, Montgomery, Perry, and Conecuh, and then he withdrew.

Mr. Martin obtained leave to bring in a bill to be entitled, an act to amend in part an act entitled an act for the relief of Wm. McDaniel, passed the day of           1825, which was read a first time, and ordered to be read a second time. Ordered, That Mr. Raney have leave of absence till Tuesday next.

Mr. Coopwood obtained leave to bring in a bill to be entitled - an act to repeal in part, and amend an act to regulate the fees of justices, constables and lawyers, passed Dec. 24, 1826, which was read a first time, and the question being put, shall this bill be read a second time, it was determined in the negative.


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Mr. Duke obtained leave to bring in a bill to be entitled - an act to incorporate the Pikeville Library Company, which was read a first time, and ordered to be read a second time.

Mr. Lewis obtained leave to bring in a bill to be entitled, an act more effectually to guard and secure the right of trail by jury, which was read a first time and ordered to be read a second time.

Engrossed bill from the Senate, entitled, an act to compenstate the commissioners appointed by the Governor, for ascertaining and marking the permanent boundary line between this state and Georgia, was read a first time; and the rule requiring bills to be read on three several days being dispensed with, it was then read a second time forthwith, and ordered to be read a third time on Monday next.  Mr. Powell, who voted in the majority on ordering the bill to be read a third time on Monday next, moved to reconsider the vote, which was carried; the bill was then referred to a select committee, consisting of Messrs. Davis, of Frank. Perkins and Barclay.

Engrossed joint resolutions from the Senate, providing for the purchase of certain books for the use of the state, was read a first time, and ordered to be read a second time.

Engrossed bill from the Senate, entitled- an act authorizing an extension of the lease taken by Seth Hunt, of the Salt Springs, in the counties of Clark and Monroe, was read a first time, and ordered to be read a second time.

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 supplementary to the several acts heretofore passed in relation to the county court of the county of Mobile, and for other purposes; an act to divorce Kelly Stegall from Nancy Stegall; an act 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 January 9th, 1826: an act to amend an act entitled an act to incorporate the town of Florence in the state of Alabama; 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; an act to divide the 36th regiment of Alabama militia; an act for the  relief of Mary Latham; an act to allow Wm. Wharton to erect a mill on Wills creek in St. Clair county: an act to authorize the trustees of certain 16th sections in Jackson county to lease them for any number of years not exceeding twenty                 : an act giving further time to persons holding claims against their respective counties to file the same -also, an act which originated in the Senate, entitled, an act to amend the laws now in force for the punishment of malicious mischief.

Engrossed bill from the Senate, entitled -an act to authorize E. Kennedy, administrator of the estate of William Wright, deceased, to sell real estate, was read a first time, and ordered to be read a second time.

Engrossed bill from the Senate, entitled - an act for the relief of James W. Armstrong, was read a first time, and ordered to be red a second time.

Engrossed bill from the Senate, entitled - an act providing for the erection of a state capitol.  Mr. Ross moved to amend the fifth section and 7th line, after the word assembly with the following “Nor thereafter, until the same shall be sanctioned by the Legislature then in session;” which was lost.  Mr. Weissinger moved to amend the bill by striking out the 6th section, which was lost. Yeas 25- Nays 37.

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

Mr. Speaker

Coleman

Edwards

Lewis

Roberts


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Bridges

Davis of Fr.

Greening

Mead

Smith of Hen.

Bailey

Dale

Johnson

Massey

Terry

Broadnax

Dennis

Jones

Pickens

Weissinger

Crenshaw

Duke

Lawler

Perry

Walthall- 25

Those who voted in the negative are

Mr. Acklen

Coopwood

Fluker

McVay of Law.

Rhodes

Ambrister

Davis of Jack

Heard

Martin

Raney

Brown Bell

Dupuy

Harris

Neill

Smith of Lau.

Bradford

Dubose

McClung

Perkins

Smith of mad.

Brasher

Edmondson

Montgomery

Parham

Sims

Barclay

Ellis

Moore of Jack

Powell

Williams

Craig Coe

Exum

McVay of Laud

Ross

Whitfield- 37

Mr. McClung moved the following amendment to the 4th section, at the end thereof: “which plan, if furnished, shall be binding on said commissioners;” which was adopted. Mr. Johnson moved to amend the 4th section oat the end thereof, with the following: “That the plan be furnished by the present General Assembly,” which was lost.  Mr. Roberts moved to amend the 6th section, by adding at the end thereof the following- “and that for any labor done on, or appertaining to the said state capital, or for any materials and contingencies which may be necessary to carry the provisions of this act into effect, payment shall be made in the following manner, viz: The commissioners, or a majority of them shall certify in writing the amount of money due to any undertaker or undertakers, for labor done, materials furnished, or for any necessary contingency; which certificate shall be presented to the comptroller by the person or persons, or their legal representatives, to whom such sum or sums of money may be due; and it shall be the duty of the said comptroller to issue his warrant upon the treasury for the amount of the same, provided the amount so certified shall not exceed the amount of money set apart and appropriated;” which was adopted.

Mr. Terry moved to strike out the words of the “General Assembly,” in the 6th section.

Mr. Speaker stated that the 6th section could not now be amended, inasmuch as it was then without the power of the House.

Mr. Lewis appealed to the House for the decision of the Chair, and the vote was taken and determined in favor of the decision of the Speaker.

Mr. Ross moved the following amendment to the 8th section, at the end thereof: “and it shall be the duty of the commissioners aforesaid, to lay before the General Assembly, within the three first day of their next session, a report of the state and progress of said edifice, also a correct and minute account of the disposition of the funds hereby appropriated,” which was adopted.

Mr. Barclay, who voted in the majority, moved to reconsider a voted given on Mr. Weissinger's motion to strike out the 6th section of the bill, which was carried.  Mr. Davis, of Frank, then moved to amend the 6th section of the bill, after the word “sum,” with the following – “not exceeding the amount of dollars, which is the amount of the seat of government fund, which has been made by the charter of the state bank, or part of the capital of that bank”- which was lost.- Yeas 25, Nays 36.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. Speaker, Benson, Bridges, Bailey, Broadnax, Crenshaw, Coleman, Davis of Frank, Dale, Dennis, Duke, Edwards, Greening, Johnson, Jones, Lawler, Lewis, Montgomery, Mead, Massey, Pickens, Perry, Roberts, Smith of hen. Smith of Laud. Terry, Weissinger, Walthall- 28.

Those who voted in the negative, are- Mr. Acklen, Ambrister, Brown,


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Bell, Bradford, Brasher, Barclay, Craig, Coe, Coopwood, Davis of Jackson, Dupuy, Dubose, Edmonson, Ellis, Exum, Fluker, Heard, Harris, McClung, Moore of Jackson, Moore of Madison, McVay of Laud. McVay of Law. Martin, Neill, Perkins, Parham, Powell, Ross, Rhodes, Raney, Smith of Mad. Sims, Williams, Whitfield- 36

Mr. Coopwood moved to amend the 6th section of the bill, by striking out the words. "the seat of government fund," and substituting in lieu thereof, the word, “sum of dollars;” a division of the question being called for, the vote was first taken on striking out, which was lost- Yeas 29, Nays 34.

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

Mr. Speaker, Benson, Bridges, Bailey, Broadnax, Crenshaw, Coopwood, Coleman, Davis of Frank, Dale, Dennis, Duke, Edwards, Greening, Johnson, Jones, Lawler, Lewis, Montgomery, Mead, Massey, Pickens of Perry, Ross, Roberts, Smith of Hen. Terry Weissinger, Walthall.- 29.

Those who voted in the negative, are

Mr. Acklen, Armbrister, Brown, Bell, Bradford, Brasher, Barclay, Craig, Coe, Davis of jack Dupuy, Dubose, Edmondson, Ellis, Exum, Fluker, Heard, Harris, McClung, Moore of Mad. Moore of Jack, McVay of Laud, McVay of Law. Martin, Neill, Perkins, Parham, Powell, Rhodes, Smith of Laud, Smith of Mad. Sims, Williams and Whitfield.- 34.

Mr. Coopwood moved further to amend the 6th section of the bill after the word Treasury, with the words "in lieu of said fund" which was lost- Yeas 28, Nays 35.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Benson, Bridges, Bailey, Broadnax, Crenshaw, Coopwood, Coleman, Dale, Dennis, Duke, Edwards, Johnson, Jones, Lewis, Lawler, Montgomery, Moore of Jack, Mead, Massey, Pickens, Perry, Ross, Roberts, Smith of Hen. Terry, Weissinger, Walthall.- 25.

Those who voted in the negative are

Mr. Acklen, Armbrister, Brown, Bell, Bradford, Brasher, Barclay, Craig, Coe, Davis of Frank, Davis of Jack, Dupuy, Dubose, Edmondson, Ellis, Exum, Fluker, Greening, Heard, Harris, McClung, Moore of Mad. McVay of Laud. McVay of Law. Martin, Neill, Perkins, Parham, Powell, Rhodes, Smith of Laud, Smith of Mad. Sims, Williams, Whitfield- 35.

Mr. Smith of laud moved to amend the 6th section, by adding after the word 'commissioners' the following 'which sum the President and Directors of the State Bank, be authorized and hereby required to advance to the check of the comptroller or Treasurer, and the said sum now vested in the state Bank, shall be held, and pledges for the payment of the same.'

Mr. Terry called for the proviso question, and the question was put whether or not the main question shall be put, which was lost- Yeas 28, Nays 32.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Benson, Bailey, Broadnax, Crasher, Crenshaw, Coleman, Davis of Frank, Dale, Dennis, Duke, Edwards, Fluker, Greening, Heard, Johnson, Jones, Lawler, Montgomery, Mead, Massey, Pickens, Perry, Roberts, Smith of Hen. Terry, Weissinger, Walthall- 28.

Those who voted in the negative are

Mr. Armbrister, Brown, Bell, Bradford, Barclay, Craig, Coe, Coopwood, Davis of Jack, Dupuy, Edmondson, Ellis, Exum, Harris, Lewis, McClung, Moore of Mad Moore of Jack, McVay of Laud McVay of Law. Martin, Neill, Perkins, Parham Powell, Ross, Rhodes, Smith of laud, Smith of mad. Sims, Williams, Whitfield- 32.


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The question was then put on the adoption of Mr. Smith's amendment and lost.- Yeas 21, nays 38.

The yeas and nays being desired, those that voted in the affirmative are Mr. speaker, Benson, Craig, Coleman, Dale, Dennis, Duke, Edwards, Exum, Fluker, Johnson, Jones, McClung, Montgomery, McVay of Laud. Massey, Perry, Ross, Roberts, Smith of Hen. Smith of Laud- 21.

Those who voted in the negative are

Mr. Acklen, Armbrister, Bridges, Brown, Broadnax, Bell, Bradford, Brasher, Barclay, Crenshaw, Coe, Coopwood, Davis of Frank, Davis of Jack. Dupuy, Edmondson, Ellis, Greening, Heard, Harris, Lawler, Moore of Mad. Moore of Jack. McVay of Law. Martin, Neill, Perkins, Pickens, Parham, Powell, Rhodes, Smith of mad. Sims, Terry, Williams, Weissinger, Walthall, Whitfield- 38.

The bill was then read a second time as amended, and the question being put; shall this bill be read a third time on Tuesday next? it was determined in the affirmative - Yeas 36, nays 26.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Acklen, Ambrister, Brown, Bell, Bradford, Brasher, Barclay, Craig, Coe, Coopwood, Davis of Jack, Dupuy, Dubose, Duke, Edmondson, Ellis, Exum, Fluker, Heard, Harris, McClung, Montgomery, Moore of Ma. McVay of Laud McVay of Law. Martin, Neill, Perkins, Parham, Powell, Ross, Rhodes, Smith of Mad. Sims, Williams, Whitfield 36.

Those who voted in the negative are Mr. Speaker, Benson, Bridges, Bailey, Broadnax, Crenshaw, Coleman, Davis of Frank, Dale, Dennis, Edwards, Greening, Johnson, Jones, Lawler, Lewis, Moore of Jack, Massey, Pickens, Perry, Roberts, Smith of Hen. Smith of laud. Terry, Weissinger, Walthall, 26. and the question was then put to adjourn this House till 3 o'clock this evening, and determined in the negative- Yeas 24, Nays 38.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. Speaker, Benson, Bridges, Bailey, Broadnax, Brasher, Barclay, Crenshaw, Coleman, Davis, of Jack. Dennis, Dubose, Edwards, Johnson, Jones, Lawler, Montgomery, Moore of Jack, Mead, Massey, Perry, Ross, Roberts, Smith of Hen. - 24.

Those who voted in the negative are, Mr. Acklin, Ambrister, Brown, Bell, Bradford, Craig, Coe, Coopwood, Davis of Frank. Dupuy, Duke, Edmondson, Ellis, Exum, Fluker, Greening, Heard, Harris, Lewis, McClung, Moore of Mad. McVay of Laud. McVay of Law Martin,  Neill, Perkins, Perham, Pickens, Powell, Rhodes, Smith of Laud. Smith of Mad. Sims, Terry, Williams, Weissinger, Walthall, Whitfield- 38.

It now being two 2 o'clock. Mr. Terry moved that the house adjourn until half past 2 o'clock this evening; which was lost:- yeas 25 nays 37.

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

Mr. Speaker, Bailey, Broadnax, Brasher, Barclay, Crenshaw, Coopwood, Coleman, Dale, Dennis, Dubose, Edwards, Exum, Johnson, Jones, Lawler, Montgomery, Mead, Massey, Parham, Perry, Ross, Roberts; Smith of Hen. Terry- 25.

Those who voted in the negative are,- Mr. Acklen, Ambrister, Benson, Brown, Bell, Bradford, Craig, Coe, Davis of Fr. Davis of Jack, Dupuy, Duke, Edmondson, Ellis, Fluker, Greening, Heard, Harris, Lewis, McClung, Moore of Mad. Moore of Jack McVay of Laud. McVay of Law. Martin, Neill, Perkins, Pickens, Powell, Rhodes, Smith of Lau. Smith of Mad. Sims, Williams, Weissinger, Walthall, Whitfield- 37.

Mr. Moore of Jackson, offered the following resolution, Resolved, that this

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House adjourn till ten o'clock on Tuesday next. and the Speaker by requested to invite some Divine to perform service of Christmas day at the State House, Mr. Coopwood moved to amend the resolution by adding “at the hour of 6 o'clock P.M.” which was lost.

The resolution was then laid on the table.  On motion of Mr. Barclay, Resolved, that the Speaker be requested to invite the Rev. Mr. Cunningham the elder to perform divine service this evening in the Representative Chamber.

Mr. Roberts moved that this House adjourn until Tuesday morning 10 o'clock, which was lost.- Yeas 29, Nays 33.

The yeas and nays being desired, those who voted in the affirmative are Mr. speaker, Acklin, Ambrister, Benson, Crag, Davis of Jack. Dale, Dennis, Ellis, Exum, Greening, Heard, Harris, Johnson, McClung, Montgomery, Moore of mad. Moore of Jack, Mead, Massey, Neill, Perkins, Parham, Perry, Roberts, Smith of Hen. Sims, Weissinger, Whitfield- 29.

Those who voted in the negative, are Mr. Bridges, Bailey, Brown, Broadnax, Bell, Bradford, Brasher, Barclay, Crenshaw, Coe, Coopwood, Coleman, Davis of Frank. Dupuy, Dubose, Duke, Edmondson, Fluker, Jones, Lawler, Lewis, McVay of Laud. McVay of Law. Martin, Pickens, Powell, Ross, Rhodes, Smith of Laud Smith of Mad. Terry, Williams, Walthall-33.

Mr. Ross offered the following resolution: Resolved, that a committee be appointed to inquire into the expediency of appointing a Chaplain to the House, with leave to report by bill or otherwise.  And then the House adjourned until Monday Morning 10 o'clock.