Friday, December 8, 1826.

The House met pursuant to adjournment.

Mr. Williams presented the petition of the citizens of the fourteenth and fifteenth townships of range nine, west of the basis meridian of Huntsville, praying the passage of a law to attach the said townships to Walker county, and also to establish an election precinct at the house of Peter Tittle on Crabb's road; which was read, and referred to the committee on county boundaries.

On motion of Mr. McVay of Laud. Resolved that the credentials of the members of this House be referred to the committee on privileges and elections, with directions to report thereon.

Mr. Williams presented the record and proceedings of the circuit court of Tuscaloosa county, exercising chancery jurisdiction in the case of Morgan Buck against Lavinia Buck for divorce; which was read, and referred to the committee on divorce and alimony.

The House then proceeded to the orders of the day.

A bill to be entitled an act to authorize Benj. S. Pope to convey a certain lot therein mentioned, was laid on the table.

A joint resolution of the Senate and House of Representatives of the state of Alabama, disapproving certain resolutions of the legislatures of the states of Delaware, Connecticut, Illinois and Indiana, concurring with a resolution of the state of Ohio, proposing the emancipation of slaves; and a resolution of the legislature of New Jersey recommending a system of foreign colonization, was read a second time and ordered to be engrossed for a third reading.

A bill to be entitled an act supplementary to the several laws now in force relating to the collection of the revenue, was referred to the committee on ways and means.

A bill to be entitled an act authorizing the election of certain officers in the town of Greenville in Butler county,  was read a second time and ordered to be engrossed for a third reading.

Engrossed bill to be entitled an act to amend an act, entitled an act concerning roads, highways,  bridges and ferries in the county of Mobile, was 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.

Engrossed bills of the following titles, to wit: 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, and for other purposes; and, an act to provide further for the probate of wills in this state, were laid on the table.

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

Mr. Speaker- I am instructed by the Senate to inform your honorable body, that they have unanimously adopted the following re-


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port and resolutions in relation to the death of the Ex-Presidents of the United States, John Adams and Thomas Jefferson:-- The select committee to which was referred that part of the Governor's message which relates to the death of the Ex-Presidents of the United States, John Adams and Thomas Jefferson, beg leave to report --  That they have viewed with mingled emotions of grief and gratitude, that awful dispensation of the Supreme Ruler of the universe, by which two names, dear to patriotism, and consecrated to virtue and glory, have been stricken from the rolls of time -- with grief for the loss which the people of the United States in particular and the great family of mankind in general, have sustained in the death of these dear and venerated conscript fathers of the American republic -- and gratitude to the all-wise Disposer of events, for summoning them to “that house not built with hands,” on a day the most celebrated in the annals of mankind-- on that “great and glorious day,”that they had so essentially contributed to render as immortal as time itself. It is impossible for your committee to recur to the memory of these illustrious men, without associating with it all that it dear to the American character, and with the recollection of the sainted patriots and sages who have gone before them, and over whose ashes the most precious tears of a grateful country have been shed. Identifying themselves with the early and perilous glory of their country, we see them, through the course of half a century, standing on an eminence covered with honor ---  through the dim distant lapse of that period, the latest accents of expiring patriots have been breathed out in prayers of gratitude for their matchless services; and succeeding generations, following upon the footsteps of that which was passing away have risen up and called them blessed.   The love, the honor, the gratitude, and heartfelt affection, of one nation, and the admiration of all have been offered up as willing but humble tributes at the shrine of their talents and virtues. From the summit of earthly exaltation they have been summoned, as your committee most fervently trust and believe, to the realms of immortal glory. They are not dead, but removed. Dim and sightless are the eyes whose radiant and enlivened orbs once beamed with intelligence, and watched with sleepless anxiety through the perilous scenes of the revolution, over the ardent efforts of an oppressed and bleeding country ---  and closed forever are those lips on whose accents listening millions have hung with rapture. But from the darkness which rests upon their tombs, there shines a light which will serve as a lamp to the feet of those who are destined to walk in the high road of wisdom, of virtue, and glory. Their memories are embalmed in the affections of twelve millions of free people, and fame, proud of the task, has long since inscribed their names in imperishable characters on the brightest page of man's biography. Let us continue to cherish their memories with unceasing gratitude and affection --  to imitate their example --  to renew the pledge of fortune, life, and sacred honor, to the cause of our country by which we shall preserve the beautiful fabric of liberty which we received at their hands, unimpaired, amidst the ruins of time, and the

K*


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desolation of empires, and transmit it untarnished to those for whom we hold it in trust.

Your committee would do injustice to their own feelings, and to those of their fellow citizens of the Senate, if they were to withhold the expression of the deep sense of gratitude, and of the exalted respect, which they cherish for the services and character of the only proud and living monument of an age gone by, the honorable Charles Carroll. They beg leave to unite with their countrymen in general in the prayer, that the evening of his life may be as serene and happy as the morning and meridian were useful and glorious.

Your committee beg leave, as an humble but sincere tribute of respect for the memories of John Adams and Thomas Jefferson, and for the character of the Hon. Charles Carroll, to recommend the adoption of the following resolutions:--

Resolved, unanimously by the Senate, with the concurrence of the House of Representatives, That we, the Representatives of the people of Alabama, do and ever shall entertain for the memories of John Adams and Thomas Jefferson, the most sincere and devoted respect.

Resolved, That as a tribute of respect to the memory of John Adams and Thomas Jefferson, the members of the present General Assembly will respectively wear crape on the left arm for the space of three months.

Resolved,  That the 27th day of this month be set apart, for the purpose of paying the last tribute of respect to the memory of John Adams and Thomas Jefferson; that the members will assemble in their respective houses, at the hour of 10 o'clock in the forenoon of said 27th day of December, and march in procession to the court house in the town of Tuscaloosa.

And be it further Resolved, That a joint committee be appointed to procure some fit and suitable person, to pronounce a eulogy on the characters of these distinguished benefactors of their species; and to request some minister of the gospel to address to the Throne of Grace a prayer suited to this awful and interesting occasion.

And be it further unanimously Resolved, That the members of this General Assembly, entertain the most exalted respect for the character, and cherish the deepest gratitude for the services of the honorable Charles Carroll, of Carrolton, the only surviving Signer of the Declaration of American Independence; and that the Governor of this State be requested to enclose to him a copy of these resolutions.

And be it further Resolved, That the Governor be, and he is hereby required, to request the Judges of the Supreme Court, and all other officers civil and military and the good people of this state, as a testimony of respect for the memory of the deceased fellow citizens, John Adams and Thomas Jefferson, to wear crape on the left arm for the space of three months.

They have appointed a committee on their part to consist of Messrs. Barton, Gaines and Casey, to act with such committee as may be appointed on the part of your honorable body, to procure some fit and suitable person to pronounce a eulogy on the characters of John Adams and Thomas Jefferson, and to request some minister of the gospel to address to the throne of grace a prayer suited to this awful and interesting occasion: In  which they ask your concurrence.

They concur in the resolution of your hon. body, proposing to go into the election of a Trustee of the University from the sixth judicial


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circuit on tomorrow at 12 o'clock. They have read three times and passed, bills which originated in their House, entitled an act to change the times of holding the county courts in Jefferson and Madison counties; and, an act compelling clerks and sheriffs in several counties in this state to keep their offices at their several court houses: In which they desire your concurrence. They have also passed bills which originated in your House, entitled an act to incorporate a body of free-masons at Claiborne, in Monroe county; an act to authorize Sarah Bowie, administratrix of John Bowie, deceased, to sell and transfer certain real estate; 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, and have amended the same by adding Jefferson after Franklin county, wherever the latter word occurs in the bill: in which amendment they ask your concurrence. And then he withdrew. In which resolutions the House concurred.

Ordered, That the House concur in the resolution of the Senate appointing a committee on their part, to act with the committee appointed on the part of the Senate, to procure some fit and suitable person to pronounce a eulogy on the characters of John Adams and Thomas Jefferson, and to request some minister of the gospel to address to the throne of grace a prayer suited to this awful and interesting occasion. Whereupon Messrs McVay of Laud. Ross and Greening were appointed said committee.

Ordered, that the House concur in the amendments made by the Senate to the engrossed bill entitled 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, by adding Jefferson after Franklin county wherever the latter word occurs in the bill.

Engrossed bill to be entitled an act more effectually to secure the compensation allowed by law to jurors therein mentioned, was 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.

Engrossed bills from the Senate of the following titles, to wit: an act compelling clerks and sheriffs in the several counties in this state to keep their offices, at their several court houses; and, an act to change the times of holding the county courts in Jefferson and Madison counties, were severally read a first time, and ordered to be read a second time.

Mr. Perry obtained leave to introduce a bill to be entitled an act to compel the commissioners of the town of Greenville, in Butler county, to transfer all papers relative to the lots of the said town to the judge of the county court and commissioners of roads and revenue of Butler county; which was read a first time, and ordered to be read a second time.

Mr. Ambrister obtained leave to introduce a bill to be entitled an


88

act to authorize executions and attachments to be levied on growing crops in certain cases; which was read a first time, and ordered to be read a second time.

Mr. Lewis obtained leave to introduce a bill to be entitled an act amendatory of the laws now in force on the subject of bail in civil cases; which was read a first time, and ordered to be read a 2d time.

Engrossed joint resolutions proposing alterations in the constitution so as to have biennial instead of annual sessions of the legislature was read a third time, and the question being put, shall this resolution pass? it was determined in the affirmative, there being a constitutional majority voting in favor of its passage-- Yeas 43, nays 19.

Those who voted in the affirmative are,

Mr. Acklen

Coopwood

Exum

McVay of Lau

Rhodes

Ambrister

Coleman

Heard

McVay of Law

Raney

Brown

Davis of Fr.

Harris

Mead

Smith of La

Bell

Davis of Ja.

Johnson

Martin

Sims

Bradford

Dennis

Jones

Massey

Terry

Brasher

Dupuy

Lanier

Neill

Weissinger

Barclay

Dubose

McClung

Parham

Walthall- 43

Craig

Duke

Moore of Mad

Powell

 

Coe

Edmondson

Moore of Jac

Ross

 

Those who voted in the negative are,

Mr. Speaker

Broadnax

Edwards

Montgomery

Smith of Hen.

Benson

Crenshaw

Fluker

Pickens

Williams

Bridges

Dale

Greening

Perkins

Whitfield- 19

Bailey

Ellis

Lewis

Perry

 

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

Mr. McClung obtained leave to introduce a bill to be entitled an act to amend an act, passed Dec. 26th, 1820, amending an act passed 13th Nov. 1819, incorporating the town of Triana; which was read a first time, and ordered to be read a second time.

Mr. Bailey obtained leave to introduce a bill to be entitled an act to establish a ferry and appoint commissioners to lay out and mark a road therein named; which was read a first time, and ordered to be read a second time.

Engrossed bill to be entitled an act to establish the militia and patrol laws of this state, as digested by Thomas W. Farrar, and for printing and distributing the same, was laid on the table.

And the question was put on Mr. Crenshaw's motion to amend the role of this House number 19 in the following manner: “And no clerk or bearer to the Senate of any joint resolution or bill of this House, shall convey or carry the same to the senate (unless otherwise ordered by the House) until the succeeding day after the passage thereof, and then not until the Speaker has announced that the House is engaged on the orders of the day;” which was lost.

On motion of Mr. Rhodes, Resolved, that the judiciary committee be instructed to inquire into the expediency of disqualifying all con-tables from holding an office, either civil or military, for a certain


89

length of time, in case they resign their office of constable in a less time than twelve months from the date of their election.

Mr. Craig moved that the House now take up a bill to be entitled an act to amend the charter of the Bank of the State of Alabama- which was lost- yeas 25, nays 37.

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

Mr. Speaker

Craig

McClung

Massey

Rhodes

Bailey

Coe

Montgomery

Perkins

Smith of La.

Broadnax

Coopwood

McVay of Laud

Pickens

Sims

Bradford

Harris

McVay of Law

Parham

Terry

Barclay

Lewis

Mead

Ross

Williams- 25

Those who voted in the negative are

Mr. Acklen

Coleman

Duke

Heard

Neill Perry

Ambrister

Davis of Fr.

Edmondson

Johnson

Powell

Benson

Davis of Ja.

Ellis

Jones

Raney

Bridges

Dale

Edwards

Lawler

Smith of Hen.

Brown

Dennis

Exum

Moore of Mad

Weissinger

Bell Brasher

Dupuy

Fluke

Moore of Ja.

Walthall

Crenshaw

Dubose

Greening

Martin

Whitfield- 37

Bills of the following titles, to wit: an act to divorce John Hamblin from Hannah Hamblin; and,  an act to divorce Kelley Stegall from Nancy Stegall, were severally read a second time, and ordered to be engrossed for a third reading.

Mr. Harris presented the petition of sundry inhabitants of Washington county, praying the passage of a law restoring to James Hall the full and free exercise and enjoyment, of all the rights and privileges of citizenship, of which he has been deprived by virtue of the conviction of corn stealing; which was read, and referred to the committee on propositions and grievances.

Mr. Craig moved to spread on the Journals of this House a bill to be entitled an act to amend the charter of the Bank of the State of Alabama; which was carried- Yeas 53, nays 9.

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

Mr. Speaker

Barclay

Ellis

Moore of Mad.

Rhodes

Acklen

Craig

Exum

McVay of Laud

Raney

Ambrister

Coe

Fluker

McVay of Law

Smith of Henry

Benson

Coopwood

Greening

Mead

Smith of Laud

Bridges

Coleman

Harris

Martin

Terry

Bailey

Davis of Fr.

Johnson

Massey

Williams

Brown

Dale

Jones

Neill

Weissinger

Broadnax

Dennis

Lawler

Perkins

Walthall

Bell

Dupuy

Lewis

Parham

Whitfield- 53

Bradford

Duke

McClung

Powell

 

Brasher

Edmondson

Montgomery

Ross

 

Those who voted in the negative are

Mr. Crenshaw

Dubose

Heard

Pickens

Sims- 9

Davis of Jack

Edwards

Moore of Jack.

Perry

 

A bill to be entitled an act to amend the charter of the Bank of the State of Alabama.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the act entitled an


90

act to amend the charter of the Bank of the State of Alabama, passed on the 2d day of January, 1826, be and the same is hereby repealed.

Sec. 2. And be it further enacted, That all joint committees appointed under the 12th section of the charter of said Bank, to examine the state and condition of the same, be and they are hereby authorized and empowered to examine all accounts of said Bank, and every thing relating to the state and condition of the same.

Sec. 3. And be it further enacted, That the said committee is hereby requested to use all reasonable means in their power to ascertain the true situation of all debts due the said institution, and report to the General Assembly of the state during the session at which time they were appointed or elected.

Sec. 4. And be it further enacted, That it shall be the duty of said committee to communicate to the directors of said institution any and all information coming to their knowledge which the interest of the institution may require.

Sec. 5. And be it further enacted, That nothing in this act shall be so construed as to require the name of any debtor to said Bank to be entered on the Journals of either House, unless directed by a vote of said House.

Sec. 6. And be it further enacted, That this act shall take effect from and after the passage thereof; and that all laws coming within the purview of this act be and the same are hereby repealed.

A bill to be entitled an act authorizing Francis Hamblin, a free man of color, to emancipate his daughter Susan, was then taken up and read a second time, and ordered to be engrossed for a third reading.

Engrossed bill from the Senate, entitled an act to change the mode of paying jurors in the several counties in this state, was then taken up and read a second time. Mr. McVay of Laud. moved that the bill lie on the table till the first day of June next; which was agreed to.

Engrossed bill from the Senate, entitled an act amendatory to an act to establish a certain county therein named, and for other purposes; which was read a first time, and ordered to be read a 2d time.

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 taken up and read a third time. Mr. Davis of Fr. moved to fill the blank in the bill with the sum of 275, which was lost. Mr. Greening then moved to fill the blank with 250, which was lost- yeas 26, nays 36.

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

Mr. Acklen

Ellis

Heard

Moore of Mad.

Ross

Benson

Edwards

Johnson

Moore of Jac.

Rhodes

Crenshaw

Exum

Lewis

Perkins

Smith of Hen.

Davis of Fr.

Fluker

McClung

Pickens

Sims

Dale Dennis

Greening

Montgomery

Parham

Weissinger 26.

Those who voted in the negative are

Mr. Speaker

Bradford

Davis of Jack

McVay of Laud

Powell

Ambrister

Brasher

Dupuy

McVay of Law.

Raney

Bridges

Barclay

Dubose

Mead

Smith of Lau.

Bailey

Craig

Duke

Martin

Terry

Brown

Coe

Edmondson

Massey

Williams

Broadnax

Coopwood

Harris

Neill

Walthall

Bell

Coleman

Jones Lawler

Perry

Whitfield- 36


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Mr. Ross then moved to fill the blank with 225, which was lost-- yeas 28, nays 34.

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

Mr. Acklen

Edmondson

Heard

Moore of Jack.

Rhodes

Benson

Ellis

Johnson

Massey

Smith of Hen.

Crenshaw

Edwards

Lewis

Perkins

Sims

Davis of Fr.

Exum

McClung

Pickens

Weissinger 28

Dale

Fluker

Montgomery

Powell

 

Dennis

Greening

Moore of Mad.

Ross

 

Those who voted in the negative are

Mr. Speaker

Bradford

Davis of Ja.

McVay of Laud.

Raney

Ambrister

Brasher

Dupuy

McVay of Law

Smith of Lau.

Bridges

Barclay

Dubose

Mead

Terry

Bailey

Craig

Duke

Martin

Williams

Brown

Coe

Harris

Neill

Walthall

Broadnax

Coopwood

Jones

Perry

Whitfield- 34

Bell

Coleman

Lawler

Powell

 

Mr. Williams then moved to fill the blank with 200, which was carried- yeas 51, nays 11.

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

Mr. Speaker

Coe

Fluker

Moore of Jack.

Ross

Acklen

Davis of Fr.

Greening

Mead

Rhodes

Benson

Davis of Ja.

Heard

Martin

Raney

Bridges

Dale

Harris

Massey

Smith ofHen.

Bailey

Dennis

Johnson

Neill

Smith of Lau.

Broadnax

Duke

Jones

Perkins

Terry

Bell

Edmondson

Lewis

Pickens

Williams

Brasher

Ellis

McClung

Parham

Weissinger

Barclay

Edwards

Montgomery

Perry

Walthall

Crenshaw

Exum

Moore of Mad

Powell

Whitfield- 51

Those who voted in the negative are

Mr. Ambrister

Bradford

Coopwood

Dupuy  Dubose

McVay of Law

Brown

Craig

Coleman

McVay of Lau.

Sims- 11

The bill was then passed. 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.