Monday, January 1st, 1824.

The House met pursuant to adjournment.

Mr. Powell presented the petition of Edward Calvert, praying to be authorized to sell a certain land certificate therein named which was referred to a select committee consisting of Messrs. Powell, Edmundson, Exum, and Bell.

Mr. Terry presented the account William Holbrook jailor of Autauga county for certain services rendered the state, which account was referred to the committee on accounts.

Mr. Dennis, from the select committee, to whom was referred the petition of the commissioners of roads and revenue of Covington county, reported a bill to be entitled an act to authorize a levy of a county tax for the county of Covington, which was read a first time and ordered to be read a second time on tomorrow.

Mr. Bridges, from the committee on enrolled bills, reported as correctly enrolled, bills which originated in this House entitled an act supplementary to an act to establish a state University: an act to alter the mode of appointing assessors and tax collectors, and for other purposes.

Mr. Terry obtained leave to introduce a bill o be entitled an act to incorporate the Rocky Mount Academy in Autauga county which was read a first time and ordered to be read a second time on tomorrow.

The House then resolved itself into a committee of the whole on the bill to be entitled an act to raise a revenue for the support of government until otherwise altered by law.  Mr. McClung in the chair; Mr. McClung from the committee of the whole on said bill after a short session, reported the same without amendment, and asked leave to sit again which was not granted; and the committee was discharged from the further consideration of said bill; Mr. Mead then moved that said bill be laid on the table which was carried.

Mr. Sims offered the following resolution: Resolved that the door keeper be required to obtain by purchase to otherwise two stoves for the use of this House, and employ some persons to put them up; which was lost.

Mr. Williams obtained leave to introduce a bill to be entitled an act to amend an act passed the 12th of December 1821, securing the payment of rent, which was read and ordered to be read a second time on tomorrow.

Mr. Fluker presented the petition of Jacob Lindsey of Marengo county praying relief as therein mentioned, which was laid on the table till the first day of June next.

The engrossed bills form the Senate to be entitled, an act explanatory of an act to provide for the election of Justices of the Peace and Constables, passed Dec. 31, 1822; an act to authorize the Mobile School commissioners to raise a sum of money by lottery; an act to procure surveys, plans and estimates in relation to certain objects of internal improvement within this state; an act making it the duty of the Comptroller of Public Accounts to lay before both House of the General Assembly annually, in the first week of its session, a fair expose of the disbursements made from the contingent fund, and an act to provide for the translation and preservation of the Spanish Records


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within this state, were severally read a first time and ordered to be read a second time tomorrow.

The bill to be entitled an act to pay officers for taking prisoners from one county to another in this state, was read a second time; Mr. Greening moved, that the further consideration of said bill be indefinitely postponed, which was lost; and on motion of Mr. Mead the bill was referred to a select committee and messrs. Mead, Greening, Moore of mad. and Ross were appointed said committee.

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

Mr. Speaker- The Senate have passed bills which originated in their body entitled an act to incorporate the Mobile Marine Railway and Insurance company; and an act to authorize the Mobile school commissioners to raise a sum of money by lottery; in both of which they desire your concurrence.  They have also passed bills which originated in your Honorable body entitled an act to incorporate the town of Russellville in the state of Alabama, and have amended the same in the manner herewith shown, in which they desire your concurrence; and an act to emancipate certain slaves therein named; they have also adopted Resolutions herewith communicated, protesting against the exercise of implied, constructive and unconstitutional powers on the part of the Federal Government, and asserting the rights secured to the States respectively by the Constitution of the United States; and have instructed me to report them to your hon. body & request your concurrence; & then he withdrew.

Then engrossed bill to entitled an act to incorporate the town of Russellville to the state of Alabama, ordered that the House concur in the amendment made by the Senate to said bill.  The engrossed resolution from the Senate protesting against the exercise of implied constructive and unconstitutional powers of the federal Government, and asserting the rights secured to the States respectively by the Constitution of the United States, was read a first time and ordered to be read a second time on tomorrow.

The engrossed bill to be entitled an act, to incorporate the Alabama and Tennessee Canal Company, was read a third time and passed.  Ordered that the bill be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

The engrossed bill to be entitled an act, for the relief of Theophilus L. Toulmin Tax collector for the county of Mobile, for the year 1822, 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.

Mr. McVay of Laud obtained leave to introduce a bill to be entitled an act, to reduce the taxes of the people of the State of Alabama, was read a first time, and ordered to be read second time tomorrow.

Mr. Bridges obtained leave to introduce a bill to be entitled an act, to compel Solicitors to reside in their respective Circuits; which was read a first time, and ordered to be read a second time tomorrow.

The bill to be to be entitled an act, to authorize the Administrator of Caleb B. Jones to sell and convey land: was read a second time; Mr. Coopwood moved to the bill, by adding thereto the following additional section; "and be it further enacted that Hervey Dillahunty Administrator of the estate of John L. Visor deceased, be authorized to sell and transfer the certificate for a certain quarter section of land, of which said deceased died possessed, under the same rules, regulations and restrictions that the said Winston in bound by in the proceeding section of this act, which was lost:" Mr. McClung then moved to lay the bill and the amendment on the table, which was carried.

The bills of the following titles to wit: an act to authorize a more equal di-


187

vison of the 17th and 18th regiments of militia in the county of Tuscaloosa, and an act providing for the compensation of B. B. Breedon, were read a second time and ordered to be engrossed for a third reading on tomorrow.

The bill to be entitled an act, to incorporate the New-Orleans and Tuscumbia Steam Boat Company; Mr. Smith of Laud. moved to amend the bill by the addition of several additional sections; Mr. McVay of Laud. moved to lay the bill and the amendments on the table; which was carried.

Mr. Davis of Franklin, moved to take up from the table, the resolutions instructing our Senators and requesting our Representatives in the Congress of the United States to endeavor to procure the passage of a law establishing a Land Office at Bellafonte in Jackson county; which was carried- Yeas 30, Nays 29.

The yeas and nays being desired, those who voted in the affirmative are Mr. Acklen, Bridges, Brown, Bell, Bradford, Brasher, Barclay, Coopwood, Coleman, Davis of Frank. Davis of Jack Dennis, Duke, Ellis, Heard, Harris, Jones, McClung, Moore of Jack McVay of Law. Massey, Perkins, Pickens, Parham, Powell, Ross, Smith of Hen. Williams, Weissinger, Whitfield- 30.

Those who voted in the negative are

Mr. Speaker, Benson, Bailey, Broadnax, Crenshaw, Craig, Coe, Dupuy, Dubose, Edmondson, Edwards, Exum, Fluker, Greening, Johnson, Lawler, Moore of Mad. McVay of Laud. Mead, Martin, Neill, Perry, Rhodes, Raney, Smith of Laud. Smith of Mad. Sims, Terry, Walthall- 29.

Mr. McVay of Laud moved to strike out the preamble, which was lost. Mr. Davis of Frank offered the following amendment to the resolution: "also a Land Office in the Town of Tuscumbia in Franklin county, for the sale and entry of the Lands in Franklin, Marion, Lawrence, and Lauderdale counties, which was not adopted- Yeas 28 Nays 28.

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

Mr. Benson, Broadnax, Brasher, Crenshaw, Coe, Coopwood, Coleman, Davis of Frank. Davis of Jack. Dennis, Duke, Ellis, Exum, Greening, Hears, Harris, Johnson, Jones, McVay of Law Martin, Pickens, Parham, Powell, Rhodes, Smith of Hen. Terry, Williams, Weissinger- 28.

Those who voted in the negative are, Mr. Speaker, Acklin, Ambrister, Brown, Bell, Bradford, Barclay, Craig, Dupuy, Dubose, Edmondson, Fluker, McClung, Moore of Mad. Moore of Jack, McVay of Laud, Mead, Massey, Neill, Perkins, Perry, Ross, Raney, Roberts, Smith of Mad. Sims, Walthall, Whitfield- 28.

Mr. Rhodes moved that the further consideration of this bill, be indefinitely postponed, which was lost.  Yeas 16 Nays 34

The yeas and nays being desired, those who voted in the affirmative are, Mr. Benson, Bailey, Bell, Craig, Davis of Fr. Dennis, Dubose, Duke, Edmondson, Exum, Greening, Johnson, Lawler McClung, McVay of Laud. Neill, Pickens, Parham, Perry, Rhodes, Roberts, Smith of Hen. Smith of Laud. Sims, Terry, Walthall- 26

Those who voted in the negative are,- Mr. Speaker, Acklen, Ambrister, Bridges, Brown, Broadnax, Bradford, Brasher, Barclay, Crenshaw, Coe, Coopwood, Coleman, Davis of Jack Dupuy, Ellis, Fluker, Heard, Harris, Jones, Moore of Mad. Moore of Jack. McVay of Law. Mead, Martin, Massey, Perkins, Powell, Ross, Raney, Smith of Mad. Williams, Weissinger, Whitfield.-34

The bill was then ordered to be engrossed for a third reading on tomorrow.

A message from the Governor by James I. Thornton Secretary of State.


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January 7, 1827.     Mr. Speaker- The Governor did on the 26th ultime approve and sign an act, to amend an act, entitled an act, concerning roads, bridges, highways and ferries, in the county of Mobile; and on the 30th ult an act giving further time to persons holding claims against their respective counties to file the same; an act to authorize the trustees of certain 16th Sections in Jackson county to lease them for any number of years not exceeding twenty, an act, to repeal in part and amend an act entitled an act for the relief of the inhabitants of the first township, range 7 east of the basis Meridian of Huntsville approved January 9th 1826; an act prescribing the punishment of slaves and free persons of colour for the commission of the crime of manslaughter on other slaves or free persons of colour; an act to divorce Kelly Stegall from Nancy Stegall; an act to allow Wm. Wharton to erect a mill on wills creek in St. Clair county; an act supplementary to the several acts heretofore passed in relation to the county court for the county of Mobile, and for other purposes- and, on this day, the (1st January;) an act to divide the thirty sixth Regiment of Alabama Militia; an act to divide the 42d Regiment of the Militia of this State; an act to authorize the field officers of the 46th regiment to form a company of militia in Braxton's settlement; an act to amend an act, entitled an act to incorporate to town of Florence in the State of Alabama, all of which originated in this House; and then he withdrew.

The bill to be entitled an act, making appropriations for the year eighteen hundred and twenty seven, was read a second time; Mr. Moore of Jackson moved to amend the bill by an additional section as engrossed rider as follows: “Sec.- and be it further enacted that the sum of twelve hundred and fifty dollars, be and the same is hereby appropriated for the payment of Andrew Pickens, for his services as President of the Bank of the State of Alabama, for the year 1826,” which was adopted; Mr. Coopwood then moved to strike out the sum of one hundred dollars, mentioned in the 3d section as a compensation to the Clerk of the Senate for his services, in completing the journal and arranging the papers of the Senate- also the sum of one hundred dollars mentioned in the fourth section as a compensation to the clerk of the House o

Representatives for the like services, which was lost- Yeas 29, Nays 31.

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

Mr. Benson

Brasher

Dupuy

McVay of Laud

Perry

Bridges

Craig

Dubose

McVay of Law

Powell

Brown

Coopwood

Duke

Martin

Smith of Mad.

Broadnax

Coleman

Edmondson

Massey

Terry

Bell

Davis of Fr.

Jones

Perkins

Walthall-29.

Bradford

Dennis

Lawler

Pickens

 

Those who voted in the negative are

Mr. Speaker

Coe

Heard

Mead

Smith of Hen.

Acklen

Davis of Jack.

Harris

Parham

Smith of La.

Ambrister

Ellis

Johnson

Ross

Sims

Bailey

Edwards

McClung

Rhodes

Williams

Barclay

Exum Fluker

Moore of Mad

Raney

Weissinger

Crenshaw

Greening

Moore of Jack

Roberts

Whitfield- 31

And the bill was ordered to be engrossed for a third reading on tomorrow.

The bill to be entitled an at further to relieve insolvent debtors, and the better to secure the rights of creditors, was on motion of Mr. Coopwood referred to a select committee, whereupon messrs. Coopwood, Smith of mad. And Jones were appointed said committee.

The bill to be entitled an act for the relief of Henry T. Anthony was read a second time; Mr. Sims moved that the further consideration of said bill be indefinitely postponed; which was lost.  Yeas 19 Nays 37.


189

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

Mr. Benson

Crenshaw

Lawler

Massey

Raney

Bridges

Coleman

McClung

Pickens

Sims

Brown

Davis of Jack

Moore of Mad

Perry

Weissinger- 19

Bell

Dubose

McVay of Law.

Rhodes

 

Those who voted in the negative are

Mr. Speaker

Barclay Craig

Edwards

McVay of Lau.

Smith of Hen.

Acklen

Coe

Exum Fluker

Mead

Smith of Laud.

Ambrister

Coopwod

Greening

Martin

Smith of mad.

Bailey

Davis of Fr.

Harris

Perkins

Terry

Broadnax

Duke

Johnson

Parham

Williams

Bradford

Edmondson

Jones

Powell

Walthall

Brasher

Ellis

Moore of Jack

.Ross

Whitfield- 37

Said bill was then ordered to be engrossed for a third reading on tomorrow.

The bill to be entitled an act to repeal in part an act entitled an act to appoint commissioners to lay out two roads leading from the ford on line creek, the one time; Mr. Johnson moved to amend the same by adding to said bill an additional section in these words, Be it further enacted, That so much of said road as is discontinued by this act, be and the same shall be considered as a public road, subject and under the control of the county court and commissioners of roads and revenue; which was carried.  Said bill was then ordered to be engrossed for a third reading on tomorrow.

On motion of Mr. Moore of mad. the report of the Trustees of the University was taken put and referred to the committee on schools, colleges and universities and school and university lands.

The bill to be entitled an act to require the sheriff of Tuscaloosa county to sell property levied on by Executions in the town of Tuscaloosa, was read a second time; Mr. Craig then moved that the further consideration of said bill be indefinitely postponed, which was lost.- Yeas 26 Nays 29.

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

Mr. Benson

Craig

Exum Harris

Neill

Rhodes

Bailey

Coleman

Johnson

Perkins

Roberts

Broadnax

Duke

McVay of Law

Perry

Sims

Bell

Edmondson

Mead

Powell

Terry

Crenshaw

Edwards

Massey

Ross

Weissinger- 26

Those who voted in the negative are

Mr. Speaker

Brasher

Dupuy

Moore of Mad.

Smith of Lau.

Acklen

Barclay Coe

Ellis Fluker

McVay of Lau.

Smith of Mad.

Ambrister

Coopwood

Greening

Martin Pickens

Williams

Brown

Davis of Fr.

Heard Jones

Parham

Walthall

Bradford

Davis of Jack.

McClung

Raney

Whitfield- 29

The bill was then ordered to be engrossed for a third reading on tomorrow.

The bill to be entitled an act for the relief of defendants, was read a second time; Mr. Ellis then moved to add the following proviso at the end of the 2d section of the bill, 'Provided that the defendant give bond with approved security in double the amount of such judgment for the payment of the same, at the end of the second term, which shall have the force of a judgment for the amount so confessed.' which was lost- Yeas 17, Nays 40.

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

Mr. Acklen

Davis of Frank

Heard

Perkins

Smith of Hen.

Bridges

Dennis Ellis

Harris

Pickens

Sims

Barclay

Greening

Johnson

Ross Raney

Williams- 17

T


190

Those who voted in the negative are

Mr. Speaker

Crenshaw

Duke

Moore of Mad.

Powell

Ambrister

Craig

Edmondson

Moore of Jack.

Rhodes

Benson

Coe

Edwards

McVay of Laud

Roberts

Bailey

Coopwood

Exum

McVay of Law.

Smith of Laud.

Brown

Coleman

Fluker

Mead

Smith of mad.

Broadnax

Davis of Jack.

Jones

Massey

Terry

Bradford

Dupuy

Lawler

Neill

Weissinger

Brazier

Dubose

McClung

Parham

Walthall-49

Said bill was then ordered to be engrossed for a third reading tomorrow. and then the House adjourned till tomorrow at half past nine o'clock.