Monday, December 4th, 1826.

The House met pursuant to adjournment.

Mr. McClung presented the petition of sundry merchants of the town of Huntsville, praying an alteration in the law for taxing merchants; which was read, and referred to the committee on ways and means.

Mr. Ross presented the account of Wm. D. Stone, late sheriff of Mobile county, as also the account of James P. Bates, sheriff of said county; which were severally read, and referred to the committee on accounts.

Mr. Moore of Mad. presented the accounts of Fielding L. White, jailor of Madison county; which were severally read, and referred to the committee on accounts.

Mr. Coe presented the petition of David Leach, praying the passage of a law to authorize him by will to manumit a certain slave therein named; which was read, and referred to the committee on propositions and grievances.

Mr. Acklen presented the account of Joseph Eastland, late solicitor of the Fifth Judicial Circuit; which was read, and referred to the committee on accounts.

Mr. Coe presented the petition of William Renneau, guardian of the estate of Wm. Murphy, deceased, praying the passage of a law to authorize him to have a deed recorded from John W. Lane to the said Wm. Murphy in his life time;  which was read, and referred to a select committee, consisting of Messrs. Coe, Smith of La. and Exum.

Mr. Dennis, from the select committee to which was referred the petition of sundry inhabitants of Dale county, reported a bill to be entitled an act to authorize the field officers of the 46th regiment to form a company of militia in Broxton's settlement; which was read a first time, and ordered to be read a second time.

Mr. Moore of Jack. from the select committee to which was referred a bill to be entitled an act to amend an act entitled an act to establish a permanent seat of justice in the county of Jackson, and for


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other purposes, reported the same with an amendment, by adding thereto an additional section; which was concurred in.

Mr. Powell, from the select committee to which was referred a bill to be entitled an act explanatory of an act, entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31st, 1822, reported the same with sundry amendments, by adding thereto three additional sections; which were concurred in.

The House then proceeded to the orders of the day.

Bills of the following titles, to wit: an act authorizing Thomas H. Douglass to retail spirituous liquors within the county of Lawrence; an act supplementary to the several acts heretofore passed in relation to the County Court for the county of Mobile, and for other purposes; an act to emancipate certain slaves therein named; an act to divide the forty-second regiment of the militia of this state; a bill to be entitled an act to form a company of militia in Kennedy's settlement in Marion county; were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act to authorize Romeo Andre to emancipate certain slaves therein named-

Mr. Harris moved to amend the bill by way of the following proviso: “Provided, that the said slaves, Froilzine, Seymore and Daniel shall remove out of this state after they arrive at the age of twenty one years, and shall not return to reside therein: Provided also, that said negroes shall be subject to the same law, rules and regulations to which all other slaves are subject, during their continuance in this state;” which was lost. Said bill was then read a second time,  and ordered to be engrossed for a third reading.

A bill to be entitled an act to establish an additional election precinct in the county of Autauga, was referred to a select committee, on its second reading, consisting of Messrs. Moore of Jack. Powell and Terry.

Mr. McVay of Law. from the select committee to which was referred a bill to be entitled an act more effectually to secure the compensation allowed by law to jurors therein mentioned, reported a substitute in lieu thereof. In which report the House concurred.

On motion of Mr. Terry, Resolved, That the select committee, to whom was referred the communication of the Secretary of State, with the accompanying documents, be instructed to receive any additional offers of donations to the state, which the citizens of Tuscaloosa may be disposed to make, together with the conditions on  which such donations are proposed to be made, and report the same to this House.

Mr. Broadnax, who voted in the majority on the adoption of Mr. Terry's resolution, moved a reconsideration of the vote taken on the adoption of the resolution; which was lost.

A bill to be entitled an act to amend the usury law, then being on its second reading --  Mr. McVay of Laud. moved on to amend the bill by striking out the word “eight” in the first section with a view to insert the word “six,” which was lost. Mr. Weissinger then mo-

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ved that the further consideration of said bill be indefinitely postponed; which was carried- Yeas 31, nays 28.

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

Mr. Speaker

Crenshaw

Fluker

Moore of Jac.

Parham

Acklen

Coe

Greening

McVay of Laud

Powell

Benson

Coopwood

Johnson

McVay of Law.

Smith of Hen.

Bridges

Coleman

Jones Lawler

Martin

Terry

Broadnax

Davis of Fr.

McClung

Massey

Weissinger

Bell

Dale Edwards

Moore of Mad.

Pickens

Walthall- 32

Those who voted in the negative are

Mr. Armbrister

Davis of Jack.

Ellis

Mead

Smith of Lau.

Bailey

Dennis

Exum

Neill

Sims

Brown

Dupuy

Heard

Perkins

Williams

Bradford

Dubose

Harris

Perry

Whitfield- 28

Barclay

Duke

Lewis

Ross

 

Craig

Edmondson

Montgomery

Raney

 

A bill to be entitled an act better to provide for leasing the sixteenth section therein named, was recommitted to a select committee, consisting of Messrs. Mead, McVay of Laud, and Moore of Mad.

Mr. Davis obtained leave to introduce a bill to be entitled an act to compel the judges of the county courts in the state of Alabama to transact all business relating to estates in vacation as well as in term time; which was read a first time, and ordered to be read a second time.

Ordered, that Mr. Terry be added to the committee appointed on the communication of the Secretary of State.

Ordered, that Mr. Benson be added to the committee on the State Bank.

Engrossed bill to be entitled an act to make an appropriation for digesting and revising the militia and patrol laws of this state, as authorized by the General Assembly at their last session, was laid on the table.

Engrossed bills of the following titles, to wit: an act to permit defendants in all cases to plead a partial failure of consideration; and an act to incorporate the Moulton Troop of Cavalry of Lawrence county; an act to incorporate a body of free-masons at Claiborne, in Monroe county; and, an act to authorize the Judges of the County Courts and Commissioners of roads and revenue of Perry, Franklin, and Blount counties, to appoint some suitable person to transcribe certain parts of the records of the County Courts aforesaid; 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 their concurrence.

Engrossed bill to be entitled an act to repeal in part and amend an act concerning the execution of justices' warrants, was read a third time.   Mr. Craig offered the following amendment by way of engrossed rider: "Provided, that nothing in this act shall be construed to prevent the justices from trying the cause on a less notice than five days, by the consent of the parties litigant;" which was adopted.


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

Engrossed bill to be entitled an act to compensate witnesses attending magistrate's courts was read a third time --

Mr. McClung offered the following amendment by way of engrossed rider: “Provided, that no witness shall be allowed any compensation under this act, unless he resides more than three miles from the place of trial.” Mr. Moore of Mad. moved to strike out the word three.-- Mr. Mead moved further to amend the proviso by inserting at the end thereof the words “excepting incorporated towns,” which was lost; and the question being taken on the adoption of Mr. McClung's amendment, it was determined in the negative: and the question being put, shall this bill pass? it was determined in the affirmative- Yeas 44, nays 14.

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

Mr. Speaker

Coe

Ellis

McClung

Powell

Acklen

Coleman

Edwards

Montgomery

Raney

Bridges

Davis of Fr.

Fluker

McVay of Lau.

Smith of La.

Bailey

Dennis

Greening

Mead

Terry

Broadnax

Dupuy

Heard

Massey

Williams

Bell

Dubose

Harris

Neill

Weissinger

Barclay

Duke

Jones

Parham

Whitfield- 44

Craig

Edmondson

Lewis

Perry

 

Those who voted in the negative are

Mr. Brown

Coopwood

Moore of Mad

Perkins

Sims

Bradford

Dale

McVay of Law

Pickens

Walthall- 14

Crenshaw

Lawler

Martin

Ross

 

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

Engrossed bill to be entitled an act to alter the mode of appointing assessors and tax collectors, and for other purposes, was read a third  time and the question being put, shall this bill pass? it was determined in the affirmative- yeas 44, nays 14.

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

Mr. Speaker

Craig

Dubose

Montgomery

Powell

Benson

Coe

Duke

Moore of Mad.

Raney

Bridges

Coopwood

Edwards

McVay of Laud

Smith of Hen.

Bailey

Coleman

Greening

McVay of Law.

Smith of Lau

Brown

Davis of Fr.

Heard

Martin

Terry

Broadnax

Davis of Ja.

Harris

Massey

Williams

Bell

Dale

Jones

Neill

Weissinger

Bradford

Dennis

Lewis

Parham

Walthall- 44

Barclay

Dupuy

McClung

Perry

 

Those who voted in the negative are

Mr. Acklen

Ellis

Lawler

Perkins

Sims

Crenshaw

Exum

Moore of Jack

Pickens

Whitfield- 14

Edmondson

Fluker

Mead

Ross

 

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

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