Saturday, December 9, 1826.

The House met pursuant to adjournment.

Mr. McVay of Laud. from the committee on privileges and elections, to which was referred a resolution of this House instructing them to examine the credentials of the members, reported that they have had the same under their consideration, and are of the opinion that sixty-two members, being the whole number present, have been legally and constitutionally elected members of the House of Representatives; which was concurred in.

Mr. McClung from the judiciary committee, to which was referred a bill to be entitled an act concerning appeals of the county to the circuit courts, and for other purposes, reported the same with sundry amendments; which were concurred in. The bill was then read a second time as amended, and ordered to be engrossed for a third reading.


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Mr. McClung from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of repealing so much of the 33d section of an act entitled an act concerning wills, and the duty of executors, administrators and guardians, as prohibits any suit or action being commenced or sustained against them after the estate of the testator or intestate be represented insolvent reported a bill to be entitled an act to repeal in part and amend an act, entitled an act concerning wills, and the duty of executors, administrators and guardians, first passed March 12th, 1803; which was read a first time, and ordered to be read a second time.

Mr. McClung, from the judiciary committee, to which was referred 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 term time; which was read a second time, and ordered to lie on the table.

Mr. McClung, from the judiciary committee, to which was referred a bill to be entitled an act directing in what manner and in what courts suits may be brought against the state of Alabama, reported the same with sundry amendments; all of  which were concurred in. The bill was then read a second time as amended, and ordered to be engrossed for a third reading.

Mr. McClung from the judiciary committee, to which was referred  a bill to be entitled an act regulating appeal, from justices of the peace reported the same with sundry amendments; all of which were concurred in by the House. The bill was then read a second time as amended and ordered to be engrossed for a third reading.

Mr. McClung, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of providing some certain punishment for slaves who may be convicted of manslaughter on slaves, reported a bill to be entitled an act prescribing the punishment of slaves and free persons of color for the commission of the crime of manslaughter on other slaves or free persons of color;  which was read a first time, and ordered to be read a second time.

Mr. McClung, from the judiciary committee, to which was referred  a resolution instructing them to inquire into the expediency of amending the criminal laws of this state, in the trial of capital cases, by curtailing the number of challenges without cause, reported a bill to be entitled an act to authorize the state of Alabama to make peremptory challenges in certain cases;  which was read a first time, and ordered to be read a second time.

Mr. McClung, from the judiciary committee, to which was referred an engrossed bill from the Senate, entitled an act to prevent the Creek Indians from hunting and trapping within the settled limits of this state, reported the same with sundry amendments. Ordered, that said report lie on the table.

Mr. McClung from the judiciary committee, to which was referred the petition of Robert C. Morrison, administrator of Allen Orr, de-


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ceased, reported that it is inexpedient to legislate on that subject: in which report the House concurred.

Mr. McClung, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of compelling plaintiffs in all cases, at the commencement of any suit by them, to consolidate all their claims which they may have against the defendant of the same nature, at the time of commencing their action, reported that it is inexpedient to legislate on that subject. Ordered, that the said report lie on the table.

Mr. Fluker, from the committee on inland navigation, to which was referred the petition of William Whorton to erect a mill on Wills creek in St. Clair county; which was read a first time, and ordered to be read a second time.

Engrossed bill to be entitled an act to provide further for the probate of wills in this state, was read a third time.  Mr. Moore of Mad. moved in amend in the same with the following engrossed rider: "Provided, that in all cases as above mentioned there shall be public notice given of the time and place when and where such evidence will be taken, and submitted to record, in order that all concerned may attend and cross-examine said witness or witnesses, if they choose; and for that purpose the judge of the county court of the county where the testator last resided permanently before his death, shall determine what number of days notice shall be given to insure justice to all concerned;" which was adopted. The question then being put, shall this bill pass? it was determined in the affirmative. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Mr. Barclay contained leave to introduce a bill to be entitled an act to authorize the Trustees of certain 16th sections in Jackson county to lease them for any number of years; which was read a first time, and ordered to be read a second time.

On motion of Mr. Perkins,  Resolved, that the committee on the judiciary be instructed to inquire into expediency of compelling the commissioners of roads and revenue, by adequate penalties, to attend the courts that it is made their duty by law to attend, with leave to report by bill or otherwise.

Mr. Moore of Jack. from the select committee to which was referred a bill to be entitled an act to establish an additional election precinct in the county of Autauga,  reported the bill with sundry amendments. Ordered, that said report lie on the table.

Mr. Davis of Fr. obtained leave to introduce a bill to be entitled an act to incorporate the town of Russellville, in the county of Franklin; which was read a first time, and ordered to be read a second time.

Mr. Moore of Jack. asked leave to have read a resolution of the state of Tennessee proposing an amendment to the constitution of the United States; which was read, and referred to the same committee to which was referred resolutions of the states of Indiana and Maine on that subject.

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Mr. Craig obtained leave to introduce a bill to be entitled an act to reduce into one of the several acts giving fees to justices and constables; 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. Bridges obtained leave to introduce a bill to be entitled an act to divide the 36th regiment of Alabama militia; which was read a first time, and ordered to be read a second time.

The Speaker laid before the House the record and proceedings of the circuit court of Bibb county, exercising chancery jurisdiction in the case of Coleman Allen against Rebecca Allen, for divorce; which was read, and referred to the committee on divorce and alimony.

On motion of Mr. Broadnax, Resolved, that the judiciary committee be instructed to inquire into the expediency of passing a law to cause the grand jurors in each and every county in this state, to be selected and drawn separately from the petit jurors, and to require the sheriffs of each and every county to summon the same within thirty days after they are drawn, and to advertise the names of the jury so summoned at three or more public places in their respective counties.

A message from the Governor by James I. Thornton, Secretary of State; which message is as follows:

Mr. Speaker - I am instructed by the Governor to inform your honorable body, that he did on the 8th inst. approve and sign bills of the following titles, to wit: an act to incorporate the town of Decatur in Morgan county; an act to change the names and render legitimate certain persons therein named; an act to alter the state road from Selma to Cahawba by way of the new bridge on Valley creek; an act to declare certain parts of Choctawhatchee 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; and on this day (9th) an act to provide for taking the census of this state --all of which originated in this House. And then he withdrew.

On motion of Mr. McVay of Laud. Resolved, That the Senate be informed that this House is now ready to receive them in the Representative Hall, for the purpose of electing a Trustee of the University; and that the east end of the Hall be assigned for their reception.

The Senate having repaired to the Hall of the House of Representatives, both Houses then proceeded to the election of a Trustee of the University of Alabama, to fill the vacancy occasioned by the resignation of Clement Billingslea. Dixon H. Lewis and Nimrod E. Benson being in nomination- For Mr. Lewis 34 votes, Mr. Benson 42.

Those who voted for Mr. Lewis, are

Mr. President, Abercrombie, Bagby, Barton, Clay, Gaines, Jackson of the sen. Mr. Speaker, Bailey, Broadnax, Barclay, Crenshaw Craig, Coe, Davis of Ja. Dubose, Edwards, Fluker, Heard, Harris Lawler, McClung, Montgomery, Moore of Mad. Mead, Neill, Perkins, Parham, Ross, Rhodes, Raney, Smith of La. Terry, Whitfield- 34.

Those who voted for Mr. Benson are

Mr. Ashe, Brown, Casey, Crabb, Irwin, Jones, McCamy, Miller,


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Skinner, and Sullivan, of the senate. Mr. Acklen, Ambrister, Brown, Bell, Bradford, Brasher, Coopwood, Coleman, Davis of Fr  Dennis, Dupuy, Duke, Edmondson, Ellis, Exum, Greening, Johnson, Jones, Moore of Jack. McVay of Laud. McVay of Law, Martin,  Massey, Pickens, Perry, Powell, Smith of Hen. Sims, Williams, Weissinger, Walthall- 42.

Mr. Benson having received a majority of votes, Mr. Speaker declared him duly elected Trustee of the University of the 6th judicial circuit of the state of Alabama.

Engrossed bill from the Senate, entitled an act compelling clerks and sheriffs in several counties in this state to keep their offices at their several court houses, was read a second time, and ordered to be read a third time.

A bill to be entitled an act amendatory of the laws now in force on the subject of bail in civil cases, was referred to the judiciary committee.

Bills of the following titles, to wit: an act to amend an act passed Dec. 20th, 1820, amending an act passed 13th Nov. 1819, incorporating the town of Triana; and, an act to compel the commissioners of f 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, were severally read a second time and ordered to be engrossed for a third reading.

A bill to be entitled an act to authorize executions and attachments to be levied on growing crops in certain cases, was referred to the judiciary committee.

Mr. Perkins presented the petition of the officers of the 18th regiment of Alabama militia, praying the passage of law changing the line between the 17th and 18th regiments, so as to make them more nearly equal in point of size and numbers; which was read, and referred to the military committee.

Engrossed bill from the Senate, entitled an act to change the times of holding the county courts in Jefferson and Madison counties, was referred to a select committee, consisting of Messrs. McClung, Martin and Exum.

Mr. McVay of Laud. who voted in the majority, moved to reconsider a vote given on ordering a bill to be entitled an act to reduce into one the several acts giving fees to justices and constables, to be read a second time;  which was carried. The bill was then ordered to be read a second time on Monday next.

A bill to be entitled an act to establish a ferry, and appoint commissioners to lay out and mark a road therein named, was laid on the table.

On motion of Mr. Smith of La. Resolved that the judiciary committee be instructed to inquire into the expediency of passing a law to make it the duty of all collecting officers to pay over to the county treasurers such sums of money as may remain in their hands, collected for individuals, after the expiration of a certain time, there to be subject at all times to the demands of legal owners.


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Engrossed bill to be entitled an act authorizing Francis Hamblin, a free man of color, to emancipate his daughter Susan, was read a third time. Mr. Greening moved to amend the bill by way of the following engrossed rider: “Provided, that said Susan shall leave the state within twelve months, and shall not return to reside therein;” which was carried-- yeas 36, nays 20.

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

Mr. Speaker

Brasher

Dubose

Moore of Mad.

Perry

Acklen

Crenshaw

Duke Ellis

Mead

Rhodes

Ambrister

Coe

Edwards

Martin

Raney

Benson

Coopwood

Greening

Massey

Smith of Hen

Brown

Coleman

Harris

Neill

Smith of La.

Bell

Davis of Fr.

Johnson

Perkins

Williams

Bradford

Dupuy

Lawler

Pickens

Whitfield- 36

Those who voted in the negative are

Mr. Broadnax

Dale

Fluker

Montgomery

Powell

Barclay

Dennis

Heard

Moore of Jack

Terry

Craig

Edmondson

Jones

McVay of Laud

Weissinger

Davis of Jack

Exum

McClung

McVay of Law.

Walthall- 20

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 Monday morning 10 o'clock.