Thursday, December 28th,  1826.

The House met pursuant to adjournment.

Mr. Dennis, presented the petition of the commissioners of roads and revenue, of Covington county, praying the passage of a law for raising a sum of money to defray the expenses of building a court house in said county, which was read and referred to a select committee consisting of Messrs. Dennis, Smith of H. and Greening.

Mr. Ellis, presented the petition of William M. Marr, praying the passage of a law authorizing the judge of the circuit courts to decide at what time the state of Alabama had title to the 23d and 26th sections of land in township 21, range 10 west of the basis meridian of Huntsville, which was read.


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Mr. Williams moved that the further consideration of said petition be indefinitely postponed, which was carried- Yeas 37, nays 24.

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

Mr. Ambrister

Crenshaw

Dubose

Moore of Mad.

Raney

Bridges

Craig Coe

Duke

McVay of Laud

Roberts

Brown

Coleman

Edmondson

McVay of Law.

Smith of Lau.

Broadnax

Davis of Fr.

Fluker

Massey

Smith of mad.

Bell

Davis of Jack.

Harris

Pickens

Sims Terry

Bradford

Dennis

Jones

Perry

Williams

Barclay

Dupuy

Lawler

Rhodes

Weissinger 37

Those who voted in the negative are

Mr. Speaker

Coopwood

Heard

Mead

Powell

Acklen

Dale

Johnson

Martin

Smith of Hen.

Benson

Ellis

McClung

Neill

Walthall

Brasher

Exum

Montgomery

Perkins

Whitfield- 24.

Bailey

Greening

Moore of Jack.

Parham

 

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

Mr. Speaker- The Senate have passed bills and a joint resolution which originated in their House, entitled an act to establish the permanent seat of justice in Walker county; an act to authorize Abraham Smith and his associates to erect a mill on Coosa river; and, a joint resolution providing for the purchase and distribution to each county of two copies of the acts and resolutions of congress: in which they desire your concurrence.  They have also passed a bill which originated in the House of Representatives, entitled an act to incorporate the Tuscaloosa library company, and have amended the same in the manner herewith shown; in which they also desire your concurrence.  They have adopted the following resolution, in which they desire your concurrence; Resolved by the Senate, with the concurrence of the House of Representatives, that they will adjourn sine die on Saturday next.  And then he withdrew.

Ordered, that the said resolution last mentioned be laid on the table.

Mr. Davis of Fr. from the military committee, to whom was referred a resolution instructing them to inquire into the expediency of distributing the public arms of this state, now in the arsenal at this place, to the different volunteer corps of the militia, reported, that they had had the same under consideration, and because a bill is now progressing in this house on that subject, prayed to be discharged from the further consideration thereof; which was granted.

Mr. Davis of Fr. from the military committee, to whom was referred a resolution instructing them to inquire into the expediency of authorizing the 12th regiment of Alabama militia to be divided into three battalions, reported, that they had had the same under consideration, and that he was instructed to report a bill on the subject, to be entitled an act organizing the 12th regiment in St. Claim county; which bill was read a first time, and ordered to be read a 2d time.

Mr. Moore of jack, from the bank committee, to which was referred a bill to be entitled an act to amend an act to establish the Bank of the State of Alabama, approved Dec. 20, 1823, reported the same without amendment.  Said bill was then read a second time.  Mr.


164

Coopwood then moved that said bill lie on the table, which was lost. Mr. Williams then moved to strike out that part of the bill which relates to the annual salary of the clerk; which was lost.  Mr. Moore of Jack. then moved to amend the bill by striking out of the fourth section the words 'and made void' after the word 'repealed,' which was carried.  The bill was then ordered to be engrossed for a 3d reading.

Mr. Perkins, from the committee on propositions and grievance, to whom was referred the memorial of the judge and commissioners of roads and revenue for the county of Madison, reported a bill, of a general application, comporting with the provisions of the memorial, to be entitled an act to provide for the support of paupers; which bill was read a first time, and ordered to be read a second time.

Ordered that the House concur in the amendments made by the senate to the bill entitled an act, to incorporate the Tuscaloosa Library Company- by inserting the word “and," before the word "Thomas,” in the fourth linen of the first section, by striking out in the fifth line of the same section, the word “associates,” and inserting in lieu thereof the words “successors in office” and by adding the in the 6th line of the same section, the words “directors of the” before the word Tuscaloosa.  By inserting in the fourth line of the second section after the word “elected” the words "by the stock holders in said Library."  By striking out in the same section in the 13th line, the words “the said rules and regulation and” by inserting in the fourth line of the third section, before the word “life” the word “the” and after the word life, inserting the words “of others.” By inserting in the seventh line of the same section, after the words “corporation,” the words "provided an election of successors to the above named Directors, shall take place within six months from the passage of this act, and biennially thereafter, and by adding thereto an additional section, ordered that the clerk acquaint the Senate therewith.

Mr. McClung, obtained leave to introduce a bill to be entitled an act authorizing parties litigant to take the depositions of witnesses residing with the state in certain cases, which was read a first time, and ordered to be read a second time.

Mr. Terry, from the committee of conference appointed on the part of the House of Representatives, to confer with the committee on the part of the Senate, on the disagreement between the two Houses, on a bill to be entitled an act, to alter the mode of appointing assessors and tax collectors and for other purposes reported, that they had a meeting, and that the committee on the part of the Senate, have determined to recommend to the Senate to adhere to their amendment to said bill, and that the committee had instructed him to recommend to this House, to recede from their disagreement to the amendment made to said bill by the Senate, and that this House concur in said amendment.

Ordered, that this House do recede form their disagreement to the amendment made by the Senate to said bill.  Ordered, that the clerk acquaint the Senate therewith.

Mr. Ross, from the committee on accounts, to whom was referred the account of Williams Holbrooks, jailor of the county of Autauga claiming compensation for furnishing provisions, necessaries, &c to sundry persons committed to his charge, upon offences against the state, reported, that the said account, if correct, was chargeable upon the state treasury, but inasmuch as the items are not properly forth, and as the account seems to be involved in ambiguity, that


165

ought not to be allowed; and asked leave to be discharged from the further consideration thereof; which was granted.

Mr. Roberts obtained leave to introduce a bill to be entitled an act requiring the Governor of the state of Alabama to reside permanently at the seat of government; 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.

Mr. Johnson obtained leave to introduce a bill to be entitled an act to repeal in part so much of an act passed on the 31st Dec. 1822, as are herein contained; which was read a first time, and ordered to be read a second time.

Mr. Perkins obtained leave to introduce a bill to be entitled an act to alter the times of holding the county courts of the county of Tuscaloosa; which was read a first time, and ordered to be read a second time.

On motion of Mr. Acklen, it was Resolved, that the judiciary committee be instructed to inquire into the expediency of passing law more effectually to prevent the importation of negroes into this state for the purposes of sale or hire, and report by bill or otherwise.

A bill to be entitled an at reduce into one the several acts concerning roads, bridges, ferries and highways, was taken up, and read a second time.  Mr. Bridges moved to amend the fifth section by striking out the words 'at the first muster,' and inserting the words 'fifteen days after the term of the county court at which overseers of public roads are required to be appointed;' which amendment was adopted.  Mr. Bridges then moved further to amend the bill by inserting in the first section, before the word 'roads,' the word 'county,' which was adopted.  Ordered, that the bill lie on the table till 3 o'clock.

Mr. Williams obtained leave to introduce a bill to be entitled an act to require the sheriff of Tuscaloosa county to sell property levied on by execution, in the town of Tuscaloosa; which was read first time, and ordered to be read a second time.

Engrossed bill to be entitled an act for the improving the road leading from Blakely to the upper line of Baldwin county, by the way of Durant's, was referred to a select committee, consisting of Messrs. Roberts, Montgomery and Harris.

Mr. Moore of Jack. on the behalf of the committee appointed on the part of this House, to act with the committee appointed by the Senate, and jointly to select a site for the location of the capitol of this state, asked leave of absence from this house, so as to proceed to the discharge of the duties assigned them, which was granted.

Mr. Massey, from the select committee to whom was referred a resolution requiring them to inquire into the expediency of establishing a tobacco inspection in this state, reported a bill to be entitled an act for regulating the inspection of tobacco; which was read a first time, and ordered to be read a second time.

Mr. Perry, from the select committee to whom was referred the petition of sundry inhabitants of Wilcox county, praying the passage of a law to attach a part of Wilcox county to Butler county, reported,

R


166

that the law contemplated by the petition could not be passed, as it would reduce Wilcox county below its constitutional limits; which report was concurred in.

Engrossed bill from the Senate, to be entitled an act incorporate the Cahawba navigation company, was read a second time, and referred to a select committee, consisting of messrs. Weissinger, Walthall, Lawler, Jones, Pickens an Crenshaw.

Engrossed resolution from the Senate, instructing our Senators and Representatives in Congress on the subject of exchanging certain lands reserved for the use of schools in this state, was taken up.- Ordered, that the House concur in the amendments reported by the select committee, by adding in the first section of the resolution, after the word 'sold' the words, 'or which has not yet been offered that sale,' and by striking out the balance of said section - and said resolution was laid on the table.

The bill to be entitled an act to authorize Edward Sims and his associates to open a turnpike road therein named, was taken up, and referred to a select committee, consisting of Messrs. Ellis, Perkins, Whitfield, Dupuy, Martin and Brown.

The bill to be entitled an act authorizing judges of the county courts to exercise additional jurisdiction in certain cases, was referred to the judiciary committee.

The resolutions instructing our Senators and requesting our Representatives in the Congress of the United States to endeavor to procure the passage of a law establishing a land office at Bellefonte, in Jackson county, was laid on the table.

The bill to be entitled an act to authorize James McDavis to emancipate certain slaves therein named, was read a second time, and ordered to be engrossed for a third reading.

The bill to be entitled an act to compel certain persons to work on the state road leading from Greensborough in Claiborne, was read a second time.  Mr. Weissinger moved that the further consideration of said bill be indefinitely postponed, which was lost- yeas 26, nays 35.

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

Mr. Speaker

Coleman

Jones

Mead

Powell

Ambrister

Davis of Fr

Lawler

Neill

Smith of Mad.

Benson

Dupuy

Lewis

Pickens

Terry

Broadnax

Edmondson

McVay of Lau.

Parham

Weissinger

Craig Coe

Harris

McVay of Law

Perry

Walthall- 25.

Those who voted in the negative are

Mr. Acklen

Barclay

Duke

McClung

 Rhodes

Bridges

Crenshaw

Ellis

Moore of mad

Raney

Bailey

Coopwood

Exum

Moore of Jac.

Smith of Hen.

Benson

Davis of Ja.

Fluker

Martin

Smith of La.

Bell

Dale

Greening

Massey

Sims

Bradford

Dennis

Heard

Perkins

Williams

Brasher

Dubose

Johnson

Ross

Whitfield- 35.

Ordered, that said bill be engrossed for a third reading.

The bill to be entitled an act to incorporate the Alabama and Tennessee canal company, was taken up and read a second time.  Mr.


167

Ross moved to amend the bill by inserting after the word 'be,' in the third line of the sixth section, the words 'commenced and unceasingly prosecuted within four years and;' which amendment was adopted. Mr. Smith of Laud. then moved to amend the bill by striking out of the seventh section, before the word 'years,' the word 'five,' and inserting in lieu thereof the word 'ten,' which was adopted.  And the bill was then ordered to be engrossed and read a third time.

Mr. Davis of Fr. presented the account of James Rather, for cleaning arms, &c. and said account was referred to the committee on accounts.

Mr. Ross presented the account of John Elliott, Esq. for professional services rendered the state.  Ordered, that said account be referred to the judiciary committee to consider and report thereon.

The bills to be entitled an act to amend in part an act for the relief of Wm. McDaniel, passed the 3d of Jan. 1825; an act to incorporate the Pikeville library company; an act to authorize the raising by lottery a sum of money for purposes therein specified; and, an act to put part of Byler's road under the jurisdiction of the county court of Tuscaloosa, were severally read a second time, and ordered to be engrossed for a third reading.

The bill to be entitled an act to extend the civil and criminal jurisdiction of this state over so much of the Creek nation as was ceded under the treaty of the Indian Springs in 1825, within the chartered limits of the state of Alabama, was read a second time.  Mr. Lewis moved to amend the bill by adding thereto an additional section; which was adopted. the bill was then ordered to be engrossed for a third reading.

Mr. Williams presented the memorial of sundry citizens of Tuscaloosa, in regard to the seat of justice in said county.  Ordered, that said memorial be referred to a select committee, consisting of Messrs. Williams, Ellis, Perkins, Whitfield, Raney, Heard, and Lewis, to consider and report thereon.

And then the House adjourned to half past two o'clock.

Evening session.  The House met pursuant to adjournment.

Mr. Coopwood offered the following resolution: Resolved, That this House will receive no new business after Monday next, except reported from standing or select committees, unless obvious necessity may seem to require it, and that, with the concurrence of the Senate, will adjourn sine die on Thursday next, if the business is not sooner disposed of.  Ordered, that said resolution lie on the table.

The bill to be entitled an act to raise a revenue for the support of government until otherwise altered by law, was referred to a committee of the whole house, and made the order of the day for tomorrow.

The bill to be entitled an act to reduce into tone the several acts concerning roads, bridges, ferries and highways, was read the second time.  Mr. Moore of Mad. moved to amend the 4th section of the bill by adding at the end thereof the following proviso, to wit: "Provided, that when the apportioners shall deem it unnecessary to alter the hands apportioned to work on any public road under their jurisdic-


168

tion, then and in that case the last apportionment of hands made and returned shall be obligatory, and remain in full force and effect, until altered; and all hands subject to work on the road to which the same has been apportioned heretofore, and still living within said bounds, and all persons moving within the bounds of the hands apportioned as aforesaid, liable to work on any such road, shall be considered as belonging to said road, and liable in the same manner as though they had been apportioned to work on said road, and for neglect shall be proceeded against in the same manner as other defaulters of public roads, any law of usage to the contrary notwithstanding;" which amendment was adopted.   Mr. Moore then moved further to amend the said bill by inserting in the fifth section, after the word 'person,' the words, 'on application of any one of said apportioners;' which was carried.  The bill was then referred to a select committee, consisting of Messrs. Lawler, Edmondson, Exum, McVay, of Laud. Craig and Moore of Mad. to consider and report thereon.

The bills to be entitled an act to incorporate the town of Pikeville; an act to make compensation to the commissioners to close the unsettled accounts between this state and Mississippi; an act reducing the price of the Digest of the laws of Alabama; an act to compensate Reuben Chapman for certain services therein mentioned; and, an act to define the boundary line between Shelby and Autauga counties, were severally read a second time, and ordered to be engrossed for a third reading.

The engrossed bill from the Senate, to be entitled an act authorizing an extension of the lease taken by Seth Hunt of the salt springs in the counties of Clarke and Monroe, was read a second time and ordered to be read a third time.

The bill to be entitled an act amendatory to an act passed on the 14th January, 1826, entitled an act to authorize Wm. H. Ragsdale and his associates to turnpike a road therein specified, was referred to a select committee, consisting of Messrs. Parham, Duke and Brasher, to consider and report thereon.

The bill to be entitled an act to increase the capital stock of the Bank of the State of Alabama, was ordered to be referred to the committee on schools, colleges and universities, as school and university lands, to consider and report thereon.

The engrossed bill form the Senate, to be entitled an act more effectually to provide for the due execution of certain laws - Mr. Johnson moved to strike out of the second section of the bill the words 'patrol' and after the word 'concerning,' which was carried.  The question being then put, shall this bill be read a third time? it was determined in the negative.

The bill to be entitled an act to repeal all that part of the charter of the Bank of the State of Alabama that relates to secrecy, was referred to the committee on the state bank, to consider and report thereon.

Mr. Fluker, from the select committee to whom was referred so much of the governor's message as relates to the salt springs, report-


169

ed, that the committee had had the subject under consideration, and were of opinion that it was necessary to legislate on that subject at this time.  Ordered, that said report lie on the table.

The resolution for the relief of Daniel Coleman, tax collector of Washington county for 1823, was referred to a select committee, consisting of Messrs. Harris, Weissinger and Dubose, to consider and report thereon.

The bill to be entitled an act more effectually to guard and secure the right of trial by jury, was referred to the judiciary committee to consider and report thereon.

The bill to be entitled an act to authorize the sale of spirituous liquors in any quantity not less then one quart, being under consideration - Mr. Mead moved that the further consideration thereof be indefinitely postponed, which was carried- Yeas 30, nays 25.

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

Mr. Speaker

Crenshaw

Greening

Martin

Roberts

Acklen

Coopwood

Harris

Neill

Smith of Hen.

Benson

Davis of Fr.

Lawler

Pickens

Smith of Mad.

Brown

Dupuy

McClung

Ross

Sims

Bell

Dubose

Moore of Mad.

Rhodes

Weissinger

Bradford

Edmondson

Mead

Raney

Whitfield-30

Those who voted in the negative are

Mr. Bridges

Coleman

Ellis

Jones

Parham

Broadnax

Davis of Jack.

Exum

McVay of Law

Perry

Brasher

Dale

Fluker

McVay of Lay

Powell

Barclay

Dennis

Heard

Massey

Williams

Craig

Duke

Johnson

Perkins

Walthall-25.

The engrossed resolutions from the Senate, appointing commissioners to report on the claims of the first purchasers of lots in Cahawba, in 1819, to the next General Assembly, and for other purposes, were read a second time.  Mr. Johnson moved to amend the first resolution by inserting after the name George Phillips, 'or a majority of them,' which was carried.  Mr. Coopwood then moved to amend the said first resolution, by adding, at the end thereof, the following proviso, viz; 'provided, said commissioners shall received no pay for said services out of the treasury of this state;' which was adopted.  Mr. Craig then moved that the further consideration of said resolutions be indefinitely postponed, which was lost- Yeas 13, nays 43.

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

Mr. Speaker

Bradford

Dupuy

McVay of Lau.

Smith of Mad.- 13

Ambrister

Craig

Ellis

McVay of Law.

 

Bell

Davis of Jack.

McClung

Parham

 

Those who voted in the negative are

Mr. Acklen

Coopwood

Greening

Massey

Roberts

Benson

Coleman

Heard

Neill

Smith of Hen.

Bridges

Davis of Fr.

Harris

Perkins

Smith of Lau.

Brown

Dale Dennis

Johnson

Pickens

Sims Terry

Broadnax

Dubose

Jones

Perry

Williams

Brasher

Duke

Lawler

Powell

Walthall

Barclay

Edmondson

Moore of Mad. Ross

Whitfield

Crenshaw

Exum Fluker

Mead

Rhodes

Weissinger-43


170

The resolutions were then ordered to be read a third time.

The engrossed bills to be entitled an act supplementary to an act for the government of the port and harbor of Mobile; and, and an act to regulate the fees of certain public officers in Baldwin county, were severally read a third time and passed.  Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the Senate for concurrence.

The bill to be entitled an act to repeal an act, entitled an act to fix the time of commencing the General Assembly of the state of Alabama, passed Dec. 6th, 1821, was read a second time.  Mr. McVay of Laud, then moved that the further consideration of said bill be indefinitely postponed, which was lost.  Mr. Coopwood then moved to strike out, in the first section of the bill, the words 'fourth Monday in October,' and to insert in lieu thereof the words 'first Monday in November.'  a division of the question being desired, the question was first taken on striking out said words, and decided in the affirmative. The question was then taken on inserting the words as moved for, and decided likewise in the affirmative.  The question was then put, shall this bill be engrossed for a third reading? and was determined in the affirmative- Yeas 40, nays 20.

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

Mr. Acklen

Brasher

Dubose

Mead

Roberts

Ambrister

Crenshaw

Duke

Massey

Smith of Hen.

Bridges

Craig

Edmondson

Neill

Smith of La.

Bailey

Coopwood

Exum

Perry

Smith of Mad.

Brown

Davis of Fr.

Heard

Powell

Sims

Broadnax

Dale

Jones

Ross

Terry

Bell

Dennis

Moore of Mad

Rhodes

Weissinger

Bradford

Dupuy

McVay

of Law Raney

Whitfield- 40.

Those who voted in the negative are

Mr. Speaker

Davis of Ja.

Harris

Moore of Ja.

Pickens

Benson

Ellis

Johnson

McVay of Laud

Parham

Barclay

Fluker

Lawler

Martin

Williams

Coleman

Greening

McClung

Perkins

Walthall- 20

The bill to be entitled an act to provide for the more speedy publication of certain acts of the General Assembly of this state, was read a second time.   Mr. Barclay moved that the further consideration of said bill be indefinitely postponed, which was carried.

And then the House adjourned till 10 o'clock tomorrow morning.