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Tuesday, December  5, 1826.

The House met pursuant to adjournment.

Mr. Moore of Mad. presented the petition of the heirs and representatives of Levy Byram, deceased, praying the passage of a law to authorize them to sell certain real estate therein named; which was read and referred to a select committee, consisting of Messrs. Moore of Mad. McClung and Bradford.

Mr. Moore of Mad. presented the petition of sundry citizens living in the third township in range numbered two, east, praying the passage of a law to license James Milican to live on the sixteenth section in said township, rent free, in consideration of causes therein mentioned: which was read, and referred to the committee on schools, colleges and universities, and school and university lands.

Mr. Coopwood presented the petition of sundry inhabitants of Lawrence county, praying the passage of a law to authorize the President and Directors of the State Bank to set apart such sum of money to be loaned on good security;  which was read, and referred to the bank committee.

The Speaker laid before the House the records and proceedings of the Circuit Court of Madison county, exercising chancery jurisdiction in the case of John Hamblin against Hannah Hamblin for divorce;  which was read, and referred to the committee on divorce and alimony.

Mr. Davis of Frank. from the military committee, to which was referred a bill to be entitled --  an act to establish the military and patrol laws of this state, as digested by Thomas W. Farrar, and for printing & distributing the same, reported the same with sundry amendments; which were concurred in.

Message from the senate by Mr. Crabb.

Mr. Speaker- The Senate have read three times, and passed bills which originated in their house, entitled - an act to change the mode of paying jurors in the several counties in this state: an act, to repeal in part an act, entitled an act, to establish the town of Carthage in Tuscaloosa county: and an act, to repeal an act, passed on the 17th December, 1819, entitled “an act to regulate the rate of interest, and for other purposes;” in all of which they desire your concurrence.

They have also read three times, and passed bills which originated in the House of Representatives entitled --  an act to provide for taking the census and an act to change the names and render legitimate certain persons therein named: and then he withdrew.

Mr. Davis, of Frank. from the military committee to which was referred a resolution instructing them to inquire into the expediency of providing by law, for appeals from the decisions of courts martial to the county or circuit courts, reported that it is inexpedient to legislate on that subject: In which report the House concurred.

The speaker laid before the House a communication from the comptroller of public accounts, which was read and laid on the table. Ordered, That two hundred copies thereof be printed for the use of this House.

Mr. Greening, from the judiciary committee, to which was referred a resolution, instructing them to inquire into the expediency of reducing the rate of interest, reported that it was inexpedient to legislate on the subject; in which report the House concurred.


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Mr. Greening, from the judiciary committee to which was referred a bill to be entitled --  an act more effectually to prevent breaches of the peace, reported the bill without amendment.

Mr. Mead then moved to amend the bill, by adding thereto an additional section, which was adopted.

Mr. Acklin then moved that the further consideration thereof be indefinitely postponed, which was carried- Yeas 34, Nays 26.

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

Mr. Speaker

Dennis

Harris

Mead

Rhodes

Acklen

Dubose

Jones

Martin

Smith of Hen

Benson

Ellis

Lawler

Perkins

Sims

Bridges

Edwards

Lewis

Pickens

Terry

Bailey

Fluker

McClung

Parham

Walthall

Crenshaw

Greening

Montgomery

Perry

Whitfield-34

Dale

Heard

Moore of Mad

Ross

 

Those who voted in the negative are

Mr. Armbrister

Barclay

Davis of Ja.

Johnson

Neill

Brown

Craig Coe

Dupuy

Moore of Ja.

Powell

Broadnax

Coopwood

Duke

McVay of Laud

Smith of La

Bell

Coleman

Edmondson

McVay of Law

Williams

Bradford

Davis of Fr.

Exum

Massey

Weissinger- 26

Ordered, That Mr. Coopwood be added to the military committee.

Mr. Greening from the judiciary committee, to which was referred a bill to be entitled --  an act to alter the time of holding the county courts of Lawrence and Limestone counties, reported the same with sundry amendments; in which report the House concurred.

Mr. Greening from the judiciary committee, to which was referred the petition of the members of the bar of the fourth judicial circuit, praying that the time of holding the county courts in certain counties in said circuit may be altered, ask leave to be discharged from the further consideration of the petition, which was granted.

Mr. Greening from the judiciary committee, to which was referred a bill to be entitled - an act authorizing certain claims against the state, as well as certificates of state witnesses, to be received in discharge of fines and forfeitures, reported the same without amendment, the bill was then read a second time, and ordered to be engrossed for a third reading.

Mr. Mead offered the following resolution:

Resolved, That the judiciary committee be instructed to inquire into the expediency of repealing the first section of an act entitled an act, concerning executions and sales by sheriffs, and for other purposes, passed December 20th, 1820, which was lost.

Mr. Greening, from the judiciary committee, to which was referred a bill to be entitled- an act to authorize Pleasant May, guardian of the person and property of Thaker Vivion, a minor to remove the property of said minor from the county of Washington to the county of Greene, reported the same without amendment. Ordered, That the bill lie on the table.

Mr. Greening from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency and constitutionality of prohibiting persons from carrying dirks, pistols or any assassin-like weapons, reported that it is inexpedient to legislate on the subject; in which report the House concurred.

Mr. Greening from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of passing a law to au-


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thorize the removal of property belonging to estates from one county to another, and also to authorize the transfer of all accounts and vouchers in relation to such estates, to the county courts of the county to which said property may be removed, reported that it is inexpedient to legislate on the subject; which was laid on the table.

Mr. Moore, of Jackson, from the committee on enrolled bills, reported that they had examined and found correctly enrolled bills of the following titles, to wit: an act to declare certain parts of the Choctawhatche and Pea rivers public highways: an act for the relief of Zephaniah Hicks: an act to incorporate the trustees of Greenville academy in Butler county: an act to incorporate the town of Decatur in Morgan county: and an act to provide for an extra term of the circuit court in Mobile and Baldwin counties.

Mr. Perkins from the committee on Propositions and grievances, to which was referred the petition of Theophilus L. Toulmin, reported a bill to be entitled --  an act for the relief of Theophilus L. Toulmin, tax collector for the county of Mobile, for the year 1822; which was read a first time, and ordered to be read a second time.

Mr. Moore of Mad. from the select committee to which was referred so much of the governor's message as relates to a proposition of Rambrandt Peale to furnish this state with a portrait of General Washington, reported that it is a source of much consolation to know, that in the bosom of our own country we have an artist so highly skilled in the fine arts, as to be able to furnish a portrait of such inestimable value, in a style of execution worthy of the subject. And although it is highly desirable to have the portrait of HIM whose memory the world delights to honor, and at whose name the most grateful recollections are awakened; yet, situated as this state is at present, without public buildings suitable for the reception and preservation of such a work, it would be inexpedient to contract with Rambrandt Peale for a portrait of General Washington at this time; in which report the House concurred.

Mr. Mead, from the select committee to which was referred a bill to be entitled --  an act better to provide for leasing the sixteenth section therein named, reported the bill with an amendment, by adding thereto an additional section; in which report the House concurred.

Mr. Bridges, from the select committee to which was referred an engrossed bill to be entitled ---   an act to establish a certain road therein designated, reported the bill without amendment; which was read a third time. Mr. Bridges moved to amend the first section by way of engrossed rider, after the word “commissioners,” insert the words “or a majority of them;” which was adopted.

Mr. Crenshaw offered the following amendment, by way of engrossed rider “Provided, nevertheless, that the said commissioners, so appointed, shall have no pay or compensation for their services from the state treasury; and provided also, that there shall be no compensation allowed by the state, for any loss which any individual or individuals may sustain in consequence of the running of the said road through his, her or their land or lands;” which was lost.

Mr. Bridges moved further to amend the bill, by way of engrossed rider, in the second section after the word “Lee,” the words, “or a majority of them,” which was adopted.

Mr. Moore of Madison, moved to reconsider the vote given on Mr. Crenshaw's amendment, which was carried.

Mr. Moore of Madison then offered the following amendment to the amendment: “Provided the commissioners aforesaid shall not receive compensation out of the state treasury: and provided the injury which may be sustained by


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individuals shall be paid out of the county treasury of the respective counties wherein the land lies which may be so injured;” which was adopted; 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

Crenshaw

Edmondson

Moore of Mad.

Smith of Lau.

Acklen

Coe

Ellis

Moore of Jack.

Smith of Law

Ambrister

Coopwood

Edwards

Mead

Sims

Benson

Davis of Fr.

Fluker

Perkins

Terry

Bridges

Davis of Ja.

Greening

Pickens

Williams

Bailey

Dale

Heard

Perry

Weissinger

Brown

Dennis

Harris

Powell

Walthall

Bell

Dupuy

Jones

Ross

Whitfield- 44

Bradford

Dubose

Montgomery

Rhodes

 

Those who voted in the negative are

Mr. Broadnax

Coleman

Johnson

McVay of Laud.

Massey

Barclay

Duke

Lawler

McVay of Law.

Neill   14

Craig

Exum

McClung

Martin

 

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

Mr. Davis of Frank. offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into the expediency and necessity of imposing additional restrictions on the judges of this state in their charges to juries; which was lost.

Mr. Powell offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into the expediency of establishing by law, a penitentiary in this state, with leave to report by bill or otherwise.

Mr. Greening moved to strike out “judiciary,” and insert “ways and means,” which was carried.

The vote was then on the adoption of the resolution, which was lost.

Mr. McVay of Laud. from the select committee, to which was referred resolutions proposing alterations in the constitution, so as to have biennial, instead of annual sessions of the Legislature, reported the same with sundry amendments, which were concurred in by the House.

The House then proceeded to the orders of the day: An act to divorce Olivia A. Taylor, from John Taylor, was then taken up- and then the House adjourned till 3 o'clock this evening.

Evening Session, 3 o'clock.

The House met pursuant to adjournment. The House again resumed the consideration of an engrossed bill, to be entitled- an act to divorce Olivia Taylor from John Taylor, was read a third time; and the question being put, shall this bill pass? it was determined in the affirmative; there being a constitutional majority voting in favor of its passage.

Those who voted in the affirmative are,

Mr. Speaker

Bailey

Edmondson

Moore of Mad

Powell

Acklen

Crenshaw

Ellis

Moore of Jack

Ross

Ambrister

Craig

Exum

McVay of Laud

Rhodes

Benson

Coe

Fluker

McVay of Law

Smith of Hen

Bridges

Davis of Fr.

Greening

Mead

Smith of Laud

Bailey

Davis of Jack

Heard Harris

Martin

Sims

Brown

Dale

Johnson

Massey

Terry

Broadnax

Dupuy

Lawler

Neill

Williams

Bell

Dubose

McClung

Perkins

Walthall

Bradford

Duke

Montgomery

Parham

Whitfield-51


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Those who voted in the negative are,

Mr. Coopwood

Dennis

Jones

Weissinger- 7

Coleman

Edwards

Perry

Ordered, That the title be as aforesaid.

Ordered, That the same be sent to the Senate for their concurrence.

Engrossed bills from the Senate, of the following titles, to wit: an act to repeal in part, an act entitled an act to establish the town of Carthage in Tuscaloosa county; and an act to change the mode of paying jurors in the several counties in this state, were severally read a first time, and ordered to be read a second time.

A bill to be entitled - an act to provide for the payment of petit jurors was then taken up. It was then read a second time, and ordered to be engrossed for a third reading.

Engrossed bill from the Senate, entitled - an act to repeal an act, passed on the 17th day of December, 1819, entitled an act, to regulate the rate of interest, and for other purposes, was read a first time.   Ordered, That the said bill lie on the river.

Mr. Smith of Lauderdale obtained leave to introduce a bill to be entitled - an act to keep in force an act, for the registration of deeds, grants, &c. which was read a first time, and ordered to be read a second time.

Bills of the following titles, to wit: an act to amend an act, entitled an act, to establish a permanent seat of justice in the county of Jackson, and for other purposes: and an act to organize a militia company in Broxton's settlement, Dale county, were severally read a second time, and ordered to be engrossed for a third reading.

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, was referred to the judiciary committee.

A bill to be entitled, an act to authorize solicitors to swear witnesses to send to the grand jury, was referred to a select committee, consisting of Messrs. McVay of Lauderdale, Moore of Jackson, and Barclay.

Engrossed bill, to be entitled - an act amendatory of an act, prescribing the mode of executing original process.

Mr. McVay of Laud. moved that the further consideration thereof be indefinitely postponed; which was lost. The bill was then ordered to lie on the table.

A bill to be entitled- an act to incorporate the city of Tuscaloosa, and to repeal an act incorporating the town of Tuscaloosa, passed the 13th of December, 1819, was laid on the table.

A bill to be entitled, an act to establish a supreme court, and a court of chancery.

Mr. Coopwood moved that the bill lie on the table till the first day of March next, which was lost.   Ordered, That the bill lie on the table, and that one hundred copies thereof be printed for the use of this House.

Engrossed bills of the following titles, to wit: an act to authorize the administrator of Wm. McAlister, deceased, to transfer a certificate therein named; an act to authorize the field officers of Marion county to form a company of militia in Kennedy's settlement; and, an act to divide the 42d regiment of militia of this state, 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 divorce William Bryant from Rhodicy Bryant, was read a third time, and the question being


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put, shall this bill pass? it was determined in the affirmative, there being a constitutional majority voting in favor of its passage.

Those who voted in the affirmative are

Mr. Speaker

Barclay

Ellis

Moore of Jack.

Powell

Acklen

Crenshaw

Exum

McVay of Laud.

Ross

Ambrister

Craig Coe

Greening

McVay of Law.

Rhodes

Bridges

Davis of Fr.

Heard

Mead

Smith of Hen.

Bailey

Davis of Jack

Johnson

Martin

Sims

Brown

Dale

McClung

Massey

Williams

Broadnax

Dubose

Montgomery

Neill

Walthall

Bradford

Edmondson

Moore of Mad.

Parham

Whitfield- 41.

Those who voted in the negative are

Mr. Benson

Coleman

Duke

Harris

Terry

Bell

Dennis

Edwards

Jones

Weissinger-14

Coopwood

Dupuy

Fluker

Lawler

 

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

Mr. Moore of Mad. presented the accounts of James Devany and Samuel Ragland, of Madison county; which were severally read, and referred to the committee on accounts.

Mr. Bridges obtained leave to introduce a bill to be entitled an act to authorize the county court of Wilcox county to levy an extra tax; which was read a first time, and ordered to be read a second time.

Engrossed bill to be entitled an act authorizing Thomas H. Douglass to retail spirituous liquors within the county of Lawrence, was read a third time, and the question being put, shall this bill pass? it was determined in the negative.

Engrossed bill to be entitled an act to emancipate certain slaves therein named, was read a third time. Mr. Harris moved to amend the bill by way of engrossed rider.

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