Friday, December 29th, 1826.

The House met pursuant to adjournment.

On motion of Mr. Ross. leave of absence was given to Mr. Montgomery, a member from Mobile county, during the remainder of this session.

Mr. McClung offered the following resolution: “Resolved, that the principal clerk, of this House be authorized to employ an additional assistant for the balance of the session;” which was carried.

Mr. McClung presented the petition of Clement Billingslea, Wheeler Randall, and Thomas O. Meux, concerning the proof of physician's accounts, which was read and referred to the judiciary committee to consider and report thereon.

Mr. McClung, from the judiciary committee, to whom was referred the


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petition of James P. Bates, sheriff of Mobile county, praying compensation for extra services: Reported, that they had considered the same, & were of opinion that the relief prayed for ought not to be granted.

Mr. McClung from the judiciary committee, to whom was referred resolutions of the states of Maine and Indiana, disapproving the resolutions of the state of Tennessee, proposing certain amendments to the constitution of the United States, reported, that they had considered of the same, & considered that inasmuch as resolutions concurring in said amendments proposed by the state of Tennessee are now progressing in this House, it is in their opinion unnecessary to institute any new resolution founded on those of Maine, and Indiana.

Mr. McClung, from the judiciary committee, to whom was referred the bill to be entitled an act amendatory of the laws now in force on the subject of bail, in civil cases; Reported the same with amendment.  Mr. Terry moved to amend the bill by adding at the end thereof a proviso, in the following words, “Provided, that the said plaintiff so applying, shall pay the expenses of issuing said writ of capias ad respondendum & the execution thereof.”  Mr. Moore, of jack, then moved that the further consideration thereof be indefinitely postponed which was lost.  Mr. McClung then moved to amend the amendment, offered by Mr. Terry by adding at the end of said amendment the words "unless the plaintiff making applications for a new writ requiring bail, make affidavit that the defendant is about absconding from the Country; which amendment was adopted.  The amendment of Mr. Terry as amended was then adopted.  The bill was then read a second time and ordered to be engrossed for a third reading on tomorrow.

Mr. McClung, from the judiciary committee, to whom was referred the resolution requiring them to enquire into the expediency of so amending the law now in force, respecting bonds of indemnity, to provide in case a judgment be obtained against the sheriff or other officer obtained a judgment against the maker of said bond, reported a bill to be entitled an act more effectually to protect sheriffs and coroners in the discharge of their duties; which bill was read a first time, and ordered to be read a second time tomorrow.

Mr. McClung, from the judiciary committee, to whom was referred a bill to be entitled an act altering the punishment of forgery and counterfeiting, reported the same without amendment.  Mr. Moore of Mad. then moved to strike out the words “face of” after the words “branded in the" in the first section of the bill, which was carried, and the bill was then laid on the table.

Mr. McClung, from the judiciary committee, to whom was referred the engrossed joint resolution from the Senate requiring the banks of Mobile and Tombeckbee to report their situation to the General Assembly, and who were required to enquire into the constitutionality of said resolutions, reported that they have and the subject under consideration, and are of opinion, that as an abstract question, the General Assembly has no right to require of the banks of Mobile and Tombeckbee an expose of their affairs: charters of incorporation have been justly assimilated to contracts, by which the state binds itself and pledges the public faith, at the privileges granted shall be enjoyed without any infringement or diminution.  On examining the charters of the Mobile and Tombeckbe banks, there appears to be no restriction on the part of the sate, of a right to examine the books, or interfere in any manner with the management or internal arrangements of those institutions.  It is true that the charters of said banks, restrict them in their emissions so far as to


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prevent a greater amount of issues than three times the amount of the capital stock actually paid in. But there is no provision by which they shall be compelled to furnish evidence against themselves, if their powers should be exceeded, and if it is believed that such has been the fact, your committee know of no means by which it can be as ascertained, short of resorting to the judicial tribunals of the country.  Such are concisely the views of your committee on the abstract right of compelling the banks of Mobile and Tombeckbe to report to the General Assembly as contemplated by the joint resolutions under consideration, we have however, it is conceived the right to say, that unless such an exhibit is made, we will refuse to receive their notes into the treasury of this state.  It is a right which any individual would have.  But it is respectfully suggested, that unless well ground fears are entertained, that those institutions have exceeded their powers, and mismanaged their concerns it would be impolitic, and would operate oppressively on the community, to refuse their notes in payment of taxes, such are the pecuniary embarrassments of the people, such as the weights of taxes by which they are borne down, that instead of captiously refusing notes which are promptly redeemed with specie, we should offered to our debtors, the people, every facility in our power. It is believed that the notes of these two institutions, constitute at least one half of the circulating medium of the state, and if we reject them from our treasury, their holders residing at a distance from the banks will be compelled to submit to the exorbitant exactions of brokers, and to pay a considerable premium for notes which are intrinsically no better.  It would, it is respectfully suggested, be strangely inconsistent in the Genera Assembly to receive in payment as is now the case, the notes of banks located in other states, whose distance from us forbids an intimate knowledge of their affairs, and of their claim to confidence, and yet refuse those of our own state institutions, when no loss from then can reasonably be expected: Ordered that said resolutions and report lie on the table.

Mr. McClung, from the judiciary committee, to whom was referred a bill concerning vagrants, reported the same without amendment.  Mr. Davis of Fr. moved that the further consideration thereof be indefinitely postponed, which was carried.

Mr. Perry from the committee appointed on the part of this House to act jointly with the committee appointed by the Senate for the purpose, reported that the said joint committee have examined and destroyed the treasury notes issued pursuant to law which have been redeemed and taken in by the treasurer of the state to the amount of eight thousand two hundred and eighty dollars, twelve and a half cents.

Mr. Weissinger, from the select committee to whom was referred an engrossed bill from the Senate to be entitled, “an act to incorporate the Cahawba navigation company,” reported that the committee recommend that after the word barrel, in section 10 to strike out 25 and insert 18 3-4; after the word 'cotton' strike out 12 1-2 and insert 10.  In section 11 after the word cotton, strike out 18 3-4 & insert 20: after the word barrel strike out the word fifty & insert 37 1-2.  In section 12 after the word 'cotton,' strike out '25' & insert '30,' after the word 'barrel' strike out '75' & insert '36 1-4.'  Ordered that the House concur in said report, & said amendments be adopted: said bill was then read a third time and passed, ordered that the clerk acquaint the Senate therewith.

Mr. Ellis, from the select committee, to whom was referred a bill to be entitled an act to authorize Edward Sims and his associates to open a turnpike road therein named.” reported, that same with the following amendments viz: in the 6th line of the first section to strike out “Moses Collins” and insert in


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lieu thereof the name of “Edward Davis.”  In the 4th line of the second section to strike out “Tuscaloosa” and insert “Jefferson” county.  In the 2d line of the fourth section to strike out “Tuscaloosa” and insert “Jefferson” and in the fifteenth line strike out “ten” and insert “fifteen,” also by adding a fifth section to the bill. Ordered that the House concur in said several amendments, and thereupon the bill was read a second time, and ordered to be engrossed for a third reading tomorrow.

A message from the Senate by Mr. Lyon their secretary

Mr. Speaker - the Senate concur in the several amendments made by your Hon. body to the bill entitled an act providing for the erection of a State Capitol; they have read three times and passed bills which originated in their House entitled an act to provide for the translation and preservation of the Spanish Records within this state; an act more effectually to prevent branches of the peace; and an act making it the duty of the Comptroller of Public Accounts, to lay before both houses of the General Assembly annually in the 1st week of its session a full expose of disbursements made from the contingent fund; they have also passed a bill which originated in your House entitled an act supplementary to an act to establish a State University.

Mr. Roberts from the select committee to whom was referred the engrossed bill to be entitled an act to provide for the improvement of the ridge road from Blakeley to the upper line of Baldwin county by way of Durants, reported the same without amendment.

Mr. Rose moved to amend the bill by adding after the word “sixteen,” the words, “to be paid by the persons or person in whose service said salves may be engaged at the time of such assessment:” which motion was lost.- The bill was then 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.

Mr. McClung, from the judiciary committee, to whom was referred a bill to entitled an act to reduce into one the several acts giving fees to Justices of the peace and Constables, and who were required to examine and collect the same, with the fees now allowed by law; Reported, that the committee find the bill to be a correct compilation of the fees as they now exist, except in the following items, tow it: The item “for warrant for apprehending one charged with an offence against the State,” is reduced in said bill from 31 1-2 cents to 25, the item for warrant in qui tam cases and proceedings thereon to judgment,"is reduced by said bill from 37 1-2 cents: and the item "for warrant in civil cases and proceedings, thereon to judgment," is reduced from 37 1-2 to 25 cents; the committee have therefore amended the bill by substituting 37 1-2 cents for 25 cents in the items above designated.  Ordered, that the House concur in the amendments made by the judiciary committee; the bill was then read second time as amended, and Mr. Mead moved to strike out of the fist section the words “and Constables” after the word “Peace,” which was carried: the bill was then ordered to be engrossed for a third reading tomorrow.

Mr. McClung from the select committee to whom was referred a petition of certain persons, praying the incorporation of the town of Bluntsville in Blunt county, also a counter petition of sundry citizens of said county, remonstrating against the passage of such an act; reported, that in as much as their appears to be a considerable majority opposed to any Legislation on the subject, it is unreasonable to grant the charter prayed for; and asked leave to be discharged from the further consideration of said petition      Ordered, that said report be concurred in.

Mr. McClung, form the select committee to whom was referred the petition


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of John Snoddy, for the manumission of a certain slave; reported a bill to be entitled an act, to authorize John Snoddy to emancipate a certain negro slave which bill was read a first time & ordered to be read a second time tomorrow.

Mr. Massey, from the select committee to whom was referred the petition of Garland Hardwick and Mary Hardwick; reported a bill to be entitled an act, to authorize the Administrator and Administratrix of George Hardwick, to sell a certificate for one quarter section of land; which bill was read a first time, and ordered to be read a second time tomorrow.

Mr. Harris from the select committee, to whom was referred a resolution for the relief of Daniel Coleman; reported in lieu of, and as a substitute for said resolution, a bill to be entitled an act for the relief of Daniel Coleman, which was read a first time.  Mr. Weissinger then moved that the further consideration of said bill be indefinitely postponed, which was carried- Yeas 31, Nays 30.

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

Mr. Speaker

Bradford

Dennis

McVay of Laud.

Smith of Hen.

Acklen

Brasher

Dupuy

Martin

Smith of la.

Ambrister

Coopwood

Johnson

Massey

Smith of mad.

Benson

Coleman

Jones

Pickens

Terry

Bridges

Davis of Fr.

Lewis

Perry

Weissinger

Brown Bell

Davis of Jack.

Moore of Mad

Rhodes

Walthall-31.

Those who voted in the negative are

Mr. Bailey

Dubose

Fluker

McVay of Law.

Ross

Broadnax

Duke

Greening

Mead

Raney

Barclay

Edmondson

Harris

Neill

Roberts

Craig

Ellis

Lawler

Perkins

Sims

Coe

Edwards

McClung

Parham

Williams

Dale

Exum

Moore of Jack.

Powell

Whitfield- 30.

Mr. Ellis from the select committee, to whom was referred the petition of Thomas Maxwell; reported a bill to be enacted, an act to legitimate Thomas Maxwell junior, which bill was read a first time, and ordered to be read second time tomorrow.

Mr. Brasher, obtained leave to introduce a bill to be entitled an act, to revise a certain act therein named; which bill was read a first time; and ordered to be read a second time on tomorrow.

The engrossed bill to be entitled an act, to amend an act to establish the Bank of the State of Alabama, approved December 126th 1823, being on its third reading; Mr. Speaker moved to fill the first blank in the bill, relating to the salary of the President of the Bank with “twelve hundred and fifty dollars,” which was lost.- Yeas 13, Nays 50.

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

Mr. Speaker

Bridges

Dale

Heard Harris

Pickens Perry

Benson

Davis of Jack.

Edwards

Johnson Neill

Smith of H.- 13.

Those who voted in the negative are

Mr. Acklen

Coe

Exum

McVay of Laud.

Raney

Ambrister

Coopwood

Fluker

McVay of Law.

Roberts

Bailey

Coleman

Greening

Mead

Smith of Laud.

Benson

Davis of Fr.

Jones

Martin

Smith of mad.

Bradford

Dennis

Lawler

Massey

Sims

Bell

Dupuy

Lewis

Perkins

Terry

Broadnax

Dubose

McClung

Parham

Williams

Brasher

Duke

Montgomery

Powell

Weissinger

Barclay

Edmondson

Moore of Mad

.Ross

Walthall

Craig

Ellis

Moore of Jac.

Rhodes

Whitfield-50.


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Mr. Acklen then moved to fill the same blank with the sum of “one thousand dollars,” which was lost.- Yeas 25, Nays 38.

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

Mr. Speaker

Davis of Frank.

Fluker

Montgomery

Raney

Acklen

Davis of Jack

Heard

Neill

Roberts

Bridges

Dale

Harris

Pickens

Smith of Hen.

Brazier

Dennis

Johnson

Parham

Weissinger

Barclay

Edwards

Lawler

Perry

Whitfield- 25

Those who voted in the negative are

Mr. Ambrister

Coopwood

Greening

Mead

Smith of Laud.

Benson

Coleman

Jones Lewis

Martin

Smith of Mad.

Bailey

Dupuy

McClung

Massey

Sims

Brown

Dubose Duke

Moore of Mad

Perkins

Terry

Broadnax

Edmondson

Moore of Jack

Powell

Williams.

Bell Bradford

Ellis

McVay of Land

Ross

Walthall- 38.

Craig Coe

Exum

McVay of Law

Rhodes

 

Mr. Lewis, then moved to fill said blank with “eight hundred dollars,” which was carried.- And then the House adjourned till half past 2 o'clock.

Evening Session.

The House met pursuant to adjournment at half past 2 o'clock.

The engrossed bill to be entitled an act, to amend an act to establish the Bank of the State of Alabama, approved December 20th, 1823, being still under consideration; Mr. Coopwood moved to amend the same by adding thereto an additional section; by way of engrossed rider, which was lost; Mr. Ross then moved to fill the second blank in the bill relating to the cashiers salary, with “fifteen hundred dollars,” which was carried.- Yeas 34, Nays 25.

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

Mr. Speaker

Davis of Fr.

Heard

Moore of Mad.

Raney

Acklen

Dale

Harris

Moore of Jack.

Smith of Hen.

Benson

Edmondson

Johnson

Neill

Smith of laud.

Bailey

Edwards

Lawler

Perkins

Weissinger

Brasher

Exum

Lewis

Perry

Walthall

Barclay

Fluker

McClung

Ross

Whitfield- 34

Craig

Greening

Montgomery

Rhodes

 

Those who voted in the negative are,

Mr. Ambrister

Coe

Dupuy

McVay of Laud

Powell

Bridges

Coopwood

Dubose

McVay of Law.

Smith of Mad.

Brown

Coleman

Duke

Mead

Sims

Broadnax

Davis of Jack.

Ellis

Martin

Terry

Bradford

Dennis

Jones

Massey

Williams- 25.

Mr. Smith of Laud then moved to amend the bill by way of an engrossed rider, by inserting after the words 'eight hundred dollars,' in the third section of the bill, the words “and the said salary shall be paid out of the bank dividends;” which was carried: Mr. McClung then moved further to amend the bill by adding at the end of the third section by way of engrossed rider, the following proviso, “Provided that no perquisites either for House rent, or any thing else shall be allowed, to the Cashier, Clerk or Teller, by the Directors,” which was adopted.

Mr. Mead, then moved to fill the third blank in the bill which relates to the salary of the Teller, with “one thousand dollars,” which was carried; the bill was then read a third time as amended, and passed.  Ordered, that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.


176

Mr. Perry obtained leave to introduce a bill to be entitled an act, to authorize William McDaniel and his associates to construct a turnpike road therein named, which was read a first time, and ordered to be read a second time tomorrow.

Mr. Duke obtained leave to introduce a bill to be entitled an act, to authorize Joseph Burlison and his associates, to turnpike certain roads therein named, which was read a first time, and ordered to be read a second tomorrow.

On motion of Mr. McClung, the engrossed bill to be entitled an act, to divorce John Hamblin from Hannah Hamblin was taken up, read a third time and passed- a constitutional majority having voted in favour thereof- Yeas 40, Nays 13.

Those who voted in the affirmative are,

Mr. Speaker

Barclay

Ellis

McVay of Law.

Rhodes

Acklen

Craig

Edwards

Mead

Raney

Ambrister

Coe

Exum

Martin

Roberts

Bailey

Dale

Heard

Massey

Smith of Hen.

Broadnax

Dupuy

Harris

Perkins

Smith of Mad.

Bell

Dubose

Lewis

Parham

Williams

Bradford

Duke

McClung

Powell

Walthall

Brasher

Edmondson

Moore of Mad

Ross

Whitfield-40

Those who voted in the negative, are

Mr. Bridges

Dennis

Jones

Pickens

Smith of Lau.

Coopwood

Fluker

McVay of Laud.

Perry

Rhodes

Davis of Ja.

Greening

Neill

 

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

The bill to be entitled an act, to alter the times of holding the County Courts for the county of Tuscaloosa, was read a second time, and the rule requiring bills to be read on three several days being suspended, four fifths of the members presented voting in the affirmative and the bill being taken as if engrossed, it was read a third time forthwith and passed.  Ordered that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Mr. Dubose, obtained leave to introduce a bill to be entitled an act, to alter and extend the limits of Clarke county, and for other purposes, which was read a first time, and ordered to be read a second time to morrow.

On motion of Mr. Walthall, a bill to be entitled an act, to establish an election precinct in Autauga county; was taken up and read a second time;  said bill was then amended by the addition of numerous additional sections, and ordered to be engrossed for a third reading on to morrow.  Ordered that the title of said bill be changed to that of an act to establish certain election precincts.

And then the House adjourned to tomorrow at nine o’clock.