Friday morning, January 5th, 1827.

The house met pursuant to adjournment.

Mr. Moore of Mad from the select committee, to whom was referred so much of the governor's message as relates to annexing a part of West Florida to this state, with the accompanying documents on that subject, reported joint resolutions in relation to the annexation of West Florida to the estate of Alabama, which was read a first time and ordered to be laid on the table.

A message from the senate by Mr. Lyon, their secretary- Mr. Speaker: the senate have passed bills, which originated in their house, entitled, an act to provide for the better regulation of common schools; and an act to provide for the better regulation of common schools; and an at authorizing the transfer of certain lands therein mentioned; in which they desire your concurrence.  They have also passed bills which originated in the house of representatives, entitled, an act to divorce Coleman Allen from his wife Rebecca Allen; and an act to extend the civil and criminal jurisdiction of this state over so much of the Creek nation as was ceded under the treaty of the Indian springs, of 1825, within the chartered limits of this state; and then he withdrew.

A communication in writing was received from his Excellency the Governor, by John G. Aiken, esq.

EXECUTIVE DEPARTMENT, Jan. 4th, 1827.

The Hon the speaker and members of the House of Representatives:

Gentlemen- I beg leave to recommend that the militia laws be so changed, as to make it the duty of the major general to detail the courts martial to decide the contested elections of brigadier generals in their several divisions.  Delays which cannot be accounts for, have occurred in detailing a court to decide a contested election in the 13th brigade.  In that brigade there was a contested election of brigadier, in the year of 1825; and a court martial decided that the election was void. a new election in 1826 was ordered and held, and the election was again contested Several applications have been made to the adjutant general to detail a court; but from causes unknown to this department, no such detail is yet known to have been made.  It is believed, that it would be more convenient, and less liable to injurious delays, as in the present instance, should the power to detail courts in such cases be vested in the major generals.

I have the honor to be, most respectfully, your obedient servant,

JOHN MURPHY;

which was read and referred to the military committee, to consider of, and to report thereon, by bill or otherwise.

Mr. Davis of Frank from the select committee, to whom was referred the bill to be entitled- an act to incorporate the muscle shoals canal company, reported the following amendments to said bill to be adopted, to wit:- 1st.  In the first section, 2d line from the bottom, strike out 1876, and insert 1866.  2d. In 2d page, 8th line from the bottom after the word advisable, strike out all to “watercraft,” and insert the following: “provided that said locks, dams, &c. shall not interfere with, or in any manner, obstruct the free navigation of said shoals in the channels now in use, nor charge any tolls for the navigable unimpaired parts thereof.”  3d.  In page 5th, at the end of the 4th section, insert- "Provided,


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that the President, Directors, nor either of them, shall be authorized to represent any stockholder by proxy; nor become interested, either directly nor indirectly, in any contract for the doing and performing any part of said work.”  4th.  In page 5 bottom line; after the word “place,” insert “within the Tennessee Valley.” 5th.  In page 7th, 8th line from the top; after the word “advisable,” insert “Provided the President and Directors shall give sixty days notice of such call.”  6th In page 13; at the end of the 9th section insert, "Provided they shall at all times keep some person or persons at each and every gate erected on said canal, for the purpose of letting such boats or water craft through the same, with out delay or detention; and for every such failure or neglect, shall forfeit and pay to the owner, master, or agent of such boat or water craft, the sum of _____ dollars for each hour such boat to water craft may be thereby detained, recoverable before any tribunal having competent jurisdiction thereof.”  7th. In page 14, 5th line from bottom; after the word “the.” insert “next succeeding.”  8th. In page 15, 8th line from bottom; alter the word “right,” inset "and shall;" and after the word “so,” strike out 'to.'   9th.  In page 16, 4th line from bottom, strike out 'one,' and insert 'two.'

The question was then separate put on the adoption of the first, second, third, fourth and fifth amendments; and they were severally adopted.

Mr. McClung then moved to amend the 6th amendment proposed by the select committee, by adding thereto the following proviso- “Provided, however

that no such penalty shall be incurred for any detention arising from unavoidable accident, or from any temporary derangement of the works,” which was carried.

The said sixth amendment reported by the select committee, so amended, was then adopted.

The question was then separately put on adopting the 7th ad 8th amendments reported by the select committee, and they were severally adopted.

Mr. Greening then moved to amend the 9th amendment, reported by the select committee, by striking out of said proposed amendment the word 'two,' proposed as a substitution for the word 'one' in the bill, and inserting in lieu thereof the word 'three:' and a division of the question was called for- first to concur with the committee so far as to strike out the word 'one' in the bill, which was carried.  Mr. McClung then moved to fill the blank in the bill with the word 'two,' which was carried.  Mr. McVay of Laud. then moved to amend the bill by adding thereto an additional section, numbered 18, which was carried. Mr. Davis of Frank. them moved to amend the bill by striking out all that part of the bill which authorities dealing in bills of exchange; which was carried. Yeas 47- nays 7.

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

Mr. Speaker

Crenshaw

Fluker

Moore of Jack.

Smith of Hen.

Acklen

Craig Coe

Greening

McVay of Laud.

Smith of Laud.

Benson

Coopwood

Harris

McVay of Law.

Smith of Mad.

Bridges

Davis of Fr.

Johnson

Martin

Sims

Brown

Davis of Jack.

Jones

Neill

Terry

Broadnax

Dale Dennis

Lawler

Pickens

Williams

Bradford

Dubose

Lewis

Parham

Weissinger

Brasher

Ellis

McClung

Rhodes

Walthall

Barclay

Edwards

Moore of Mad

Raney

Whitfield- 47

Those who voted in the negative are

Mr. Bell

Edmondson

Exum

Heard Mead

Powell Ross

Mr. McClung then moved to inset in lieu of the part stricken out on the motion of Mr. Davis, in the first section commencing after the word 'thereof' in the 2d page and 4th line from the bottom, the following: "and that said company be authorized to draw, buy, sell, and endorse bills of exchange to any amount not exceeding one hundred thousand dollars, for the purpose of raising money to complete said canal, during the progress of the work, until it is completed, no

X


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to exceed five years; and afterwards to purchase ( but not draw) bills of exchange to the amount of their dividends for the purpose of making remittances to distant stockholders; and provided also, that said company shall at no time draw a bill of exchange for a less sum than two thousand dollars; and in no instance shall said company buy bills of exchange at a discount, or sell them at a premium.” A division of the question was then called for- and the question was first taken on the first of the proposed amendments down to the word dollars; and the same was carried.  Yeas 30- Nays 26.

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

Mr. Speaker

Barclay

Dubose

McClung

Ross

Ambrister

Coe

Edmondson

Moore of Mad.

Rhodes

Benson

Davis of Ja.

Edwards

Massey

Raney

Brown

Dale

Heard

Perkins

Smith of mad.

Broadnax

Dennis

Harris

Parham

Williams

Bell

Dupuy

Lewis

Powell

Whitfield- 30

Those who voted in the negative are

Mr. Acklen

Coopwood

Greening

McVay of Laud.

Smith of Hen.

Bridges

Davis of Fr.

Johnson

McVay of Law.

Smith of Laud.

Brasher

Duke Ellis

Jones

Martin

Terry

Crenshaw

Exum

Lawler

Neill

Weissinger

Craig

Fluker

Moore of Jack.

Pickens

Walthall-26.

The question was then put on the adoption of the remaining and last part of said amendment, from the word dollars as aforesaid, to the end; which was adopted Yeas 48- Nays 10.

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

Mr. Speaker

Crenshaw

Fluker

McVay of Laud

Rhodes

Acklen

Craig

Greening

McVay of Law.

Raney

Ambrister

Coopwood

Harris

Mead

Smith of H.

Benson

Davis of Fr.

Johnson

Martin

Smith of Laud.

Brown

Davis of Jack

Jones

Massey

Terry

Broadnax

Dale

Dennis Lawler

Perkins

Williams

Bradford

Dupuy Dubose

Lewis

Pickens

Weissinger

Brasher

Edmondson

McClung

Parham

Walthall

Barclay

Ellis Edwards

Moore of Jack

Powell

Whitfield- 48

Those who voted in the negative are

Mr. Bridges

Coe

Exum

Moore of Mad.

Ross

Bell

Duke

Heard

Neill

Smith of Mad.

Mr. Terry moved to amend the first section of the bill, by striking out the word 'five,' before the word 'years,' and to insert in lieu thereof the word 'ten,' which was lost Yeas 25- Nays 31.

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

Mr. Benson

Dale

Johnson

McVay of Laud

Raney

Bridges

Duke

Jones

McVay of Law.

Smith of Hen.

Broadnax

Edwards

Lawler

Martin

Terry

Coopwood

Fluker

McClung

Pickens

Weissinger

Davis of Fr.

Greening

Moore of Jac.

Parham

Walthall-25

Those who voted in the negative are

Mr. Speaker

Brasher

Dupuy

Harris

Powell

Acklen

Barclay

Dubose

Moore of Mad.

Rhodes

Ambrister

Crenshaw

Edmondson

Mead

Smith of Lau.

Brown

Craig Coe

Ellis

Massey

Smith of Mad.

Bell

Davis of Ja.

Exum

Neill

Williams

Bradford

Dennis

Heard

Perkins

Whitfield- 30

Mr. Craig then moved to amend the bill by adding thereto, at the end of the fourth section, the following proviso, to wit:- "Provided that no one person shall be entitled to more than eight votes by proxy or otherwise, nor shall any state or corporate be permitted to vote by proxy or otherwise more than one


219

hundred and twenty-five votes in any elections by the stockholders in this act authorized;” which was lost.  Yeas 9- Nays 47.

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

Mr. Craig

Johnson

McVay of Laud.

Perkins

Smith of H.- 9

Coe

McClung

McVay of Law.

Parham

 

Those who voted in the negative are

Mr. Speaker

Barclay

Edwards

Moore of Mad.

Rhodes

Acklen

Crenshaw

Exum

Moore of Jack.

Raney

Ambrister

Coopwood

Fluker

Mead

Smith of Laud

Benson

Davis of Jack

Greening

Martin

Smith of Mad.

Bridges

Dale Dennis

Heard

Massey

Terry

Brown

Dupuy

Harris

Neill

Williams

Broadnax

Dubose

Jones

Pickens

Weissinger

Bell Bradford

Edmondson

Lawler

Powell

Walthall

Brasher

Ellis

Lewis

Ross

Whitfield- 47

Mr. Coopwood then moved to amend the bill by adding thereto an additional section, numbered 19, which was adopted.

Mr. Greening then moved to add at the end of said section 19, the following proviso: “Provided, however, that in case of any forfeiture of the charter of said corporation, the said corporation shall be liable in their corporate capacity, for all debts due from the same; and provided further, that nothing herein contained, shall exonerate the members of said corporation from liability in their individual capacity;” which was adopted.

The bill was then read a second time as amended, and ordered to a 3d reading. Mr. Martin, a member from the county Jefferson, obtained leave of absence from this House alter tomorrow, for the remainder of this session.

Mr. Moore of mad from the select committee to whom was referred a bill to be entitled, an at to provide for the support of paupers, reported he same with the following amendments, to wit: to strike out the word 'shall,' in the third section of the bill, and insert in lieu thereof, the words “may, if there be a poor house in their county;” and also by adding an additional seventh section to the bill.  Ordered, That the House adopt said amendments so reported by the committee.  Ordered, That the bill be engrossed for a third reading.

Mr. Ellis having voted in the majority yesterday, on the vote given by this House, whereby the House concurred in the amendments made by the senate to the bill to be entitled- an act to alter the times of holding the county courts of the counties of Tuscaloosa, Lawrence and Limestone, moved that the House do reconsider the said vote; which was carried.  The question then recurred on the adoption of the amendments made by the Senate to said bill.

Mr. Ellis then moved to amend the proviso proposed by the senate to the second section of the bill, by adding at the end thereof the following words: “at the suit of said bank,” which was carried.

The House then adopted said proviso as amended, and concurred in the other amendments made by the Senate to said bill.  Ordered, That the same be sent to the Senate for their concurrence to the amendment of this House to their proviso.  And then the House adjourned till this evening, at half past 2 o'clock.

Evening session.  The House met pursuant to adjournment.

The engrossed joint resolutions proposing certain amendments to the constitution of the state of Alabama- Mr. Moore of Jack. moved to lay then on the table, which was lost- Yeas 19, nays 34.

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

Mr. Speaker

Dale

Lawler

Martin

Rhodes

Acklen

Ellis

McClung

Perkins

Williams

Coe

Exum

Moore of Mad

Pickens

Whitfield-19.

Davis of Jack.

Fluker

Moore of Jack.

Ross

 

Those who voted in the negative are,


220

Mr. Ambrister

Brasher

Dupuy

Jones

Raney

Benson

Barclay

Dubose

Lewis

Smith of Hen.

Bridges

Crenshaw

Duke

McVay of Laud.

Smith of Mad.

Brown

Craig

Edmondson

McVay of Law.

Terry

Broadnax

Coopwood

Edwards

Massey

Weissinger

Bell

Davis of Fr.

Harris

Parham

Walthall- 34

Bradford

Dennis

Johnson

Powell

 

Mr. Broadnax, who voted in the majority, and in the negative, on yesterday, in the vote given on the motion to fill the blank in the resolution with six years, moved that the house do reconsider said vote, which was carried.  Mr. Davis of Fr. then moved to fill said blank with 'six years,' which was carried- Yeas 36, nays 20.

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

Mr. Benson

Crenshaw

Duke

Lewis

Smith of Hen.

Bridges

Craig Coe

Edmondson

McVay of Laud.

Smith of Mad.

Brown

Coopwood

Edwards

McVay of Law.

Terry

Broadnax

Davis of Fr.

Heard

Massey

Weissinger

Bell

Dale Dennis

Harris

Parham

Walthall

Bradford

Dupuy

Johnson

Powell

Whitfield- 36.

Brasher

Dubose

Jones

Raney

 

Those who voted in the negative are

Mr. Speaker

Davis of Jack.

Lawler

Martin

Rhodes

Acklen

Ellis

McClung

Perkins

Roberts

Ambrister

Exum

Moore of Mad

Pickens

Smith of Lau.

Barclay

Fluker

Moore of Jack

Ross

Williams-20

The question was then put, shall this resolution pass?  which was determined in the negative, a constitutional majority no having voted in favor of its passage- Yeas 35, nays 22.

Those who voted in the affirmative are

Mr. Ambrister

Brasher

Dupuy

Johnson

Powell

Benson

Barclay

Dubose

Jones

Raney

Bridges

Crenshaw

Duke

Lewis

Smith of Hen.

Brown

Craig

Edwards

McVay of Laud

Smith of Mad.

Broadnax

Coopwood

Edmondson

McVay of Law.

Terry

Bell

Davis of Fr.

Heard

Massey

Weissinger

Bradford

Dennis

Harris

Parham

Walthall- 35

Those who voted in the negative, are

Mr. Speaker

Ellis

McClung

Perkins

Smith of Lau.

Acklen

Coe Exum

Moore of Mad

Pickens

Sims

Davis of Ja.

Fluker

Moore of Jack

Ross Rhodes

Williams

Dale

Lawler

Martin

Roberts

Whitfield- 22

The engrossed bills of the following titles, to wit: an act more effectually protect sheriffs, coroners and constables in the discharge of their duties; an act to authorize a more equal division of the 17th and 18th regiments of militia in the county of Tuscaloosa; an act amendatory to the laws now in force relative to attachments; an act for the relief of Daniel Coleman; an act to incorporate the Rocky Mount academy in Autauga county; and, an act to authorize John Snoddy to emancipate a certain negro slave, were severally read a third time and passed.  Ordered, that the titles thereof be as aforesaid respectively.  Ordered, that the same be sent to the Senate for their concurrence.

The engrossed bill from the Senate, to be entitled an act to authorize the transfer of certain lands therein mentioned, was read a first time, and ordered to be read a second time.

The engrossed bill to be entitled an at authorizing parties litigant to


221

to take the depositions of witnesses residing within this state, in certain cases, was read a third time and passed- Yeas 30, nays 29.

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

Mr. Acklen, Ambrister, Benson, Bridges, Broadnax, Brown, Bell, Bradford, Brasher, Dennis, Dupuy, Duke, Edwards, Johnson, Jones, Lewis, McClung, Moore of Mad. Martin, Neill, Parham, Ross, Roberts, Smith of Hen. Smith of La. Smith of Mad. Sims, Terry, Weissinger, Walthall- 30.

Those who voted in the negative are,

Mr. Speaker, Barclay, Crenshaw, Craig, Coe, Coopwood, Davis of Fr. Davis of Jack, Dale, Dubose, Edmondson, Ellis, Exum, Fluker, Heard, Harris, Lawler, Moore of Jack. McVay of Laud. McVay of Law. Mead, Massey, Perkins, Pickens, Powell, Rhodes, Raney, Williams, Whitfield- 29.

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

The engrossed resolutions from the Senate, 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, were laid on the table till tomorrow.

The engrossed bill from the Senate, to be entitled an act relative to certain officers in Fayette county, was read a second time, and ordered to be read a third time.

The resolution authorizing any member of the General Assembly to nominate any site for a state house, in addition to those reported by the joint committee appointed for that purpose- Mr. Bell moved to amend the same by adding after the words 'state houses,' the words, 'in the town of Tuscaloosa; which was carried.  The question was then put, shall the resolution be engrossed for a third reading? and was determined in the negative.

The bill to be entitled an act to authorize the judge of the county court and commissioners of roads and revenue of the county of Shelby to alter a certain road therein named, was read a second time; and the rule requiring bills to be read on three several days being suspended, four-fifths of the members present voting in the affirmative, the bill was considered as engrossed, and read a third time forthwith and passed- Ordered, that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

The bill to be entitled an act supplementary to the several acts now in force first passed 31st Dec. 1822, and the 24th Dec. 1824, was read a second time.  Mr. Ross moved to lay the bill on the table till the first day of June next, which was lost- Yeas 15, nays 43.

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

Mr. Broadnax, Crenshaw, Coe, Davis of Jack. Dale, Exum, McClung, Moore of Mad. McVay of Law. Neill, Pickens, Parham, Ross, Roberts, Smith of He- 15. Those who voted in the negative are,

Mr. Speaker, Acklen, Ambrister, Benson, Bridges, Brown, Bell, Bradford, Brasher, Barclay, Craig, Coopwood, Davis of Fr. Dennis, Dupuy, Dubose, Duke, Edmondson, Ellis, Edwards, Fluker, Heard, Harris, Johnson, Jones, Lawler, Moore of Jack. McVay of Laud. Mead, Martin, Massey, Perkins, Powell, Rhodes, Raney, Smith of Lau. Smith of mad. Sims, Terry, Williams Weissinger, Walthall, Whitfield-43.

Mr. Ross then moved to strike out 6 1-4 from the bill, and insert 4, which was lost.  The bill was then ordered to be engrossed for a third reading.


222

The engrossed bill from the Senate, to be entitled an act to procure surveys, plans and estimates in relation to certain objects of internal improvement within this state, was laid on the table.

The engrossed bill from the Senate, to be entitled an at to establish the permanent seat of justice in Walker county, was referred to a select committee, consisting of Messrs. Perkins, Whitfield, Brown and Dupuy, to consider and report thereon.

The engrossed bill from the Senate, to be entitled an act for the relief of the legal representatives of Daniel Duval, was read a third time and passed.  Ordered, that the clerk acquaint the Senate therewith.

The engrossed resolutions from the Senate, providing for the purchase of certain books for the use of this state, were read a third time, and the question being put, shall they pass?  was determined in the negative.

Mr. McVay of Laud. offered the following resolution: Resolved, that this House, with the concurrence of the Senate, will on Saturday the 6th instant, at the hour of 3 o'clock P.M. go into the selection of a site on which to erect the capitol of this state, and at the same time to elect a President and twelve Directors of the Bank of the State of Alabama; which was adopted.

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

Mr. Speaker- I am directed by the Senate to report to your honorable body the bill entitled an act authorizing titles to lands and town lots given to the state by the citizens of Tuscaloosa, to be made to the Governor, for the use and benefit of the state, together with the Governor's reasons, for withholding his assent to the same, and to inform you that the Senate have reconsidered and passed the same by a majority of the whole number elected to that body.  They have passed bills which originated in the House of Representatives, entitled an act to incorporate the Pikesville library company; an act for the relief of the securities of John Archer, deceased; an act to authorize the raising by lottery a sum of money for the purposes therein specified; an act for the relief of Charles A. Henry; an act to compensate Reuben Chapman for certain services therein mentioned; an at reducing the price of the Digest of the laws of the state of Alabama; an act to amend in part an at entitled an act for the relief of William McDaniel, passed the 3d day of January, 1825; an act to authorize Edward Sims and his associates to open a turnpike road therein named, and have amended the same in the manner herewith shown; and, an act appointing a mode in which the site for the state capitol shall be selected, and have amended the same by adding thereto two additional sections: in which amendments they respectfully desire your concurrence.  And then he withdrew.

The engrossed bill from the Senate, to be entitled an act authorizing titles to the lands and town lots given to the state by the citizens of Tuscaloosa, to be made to the Governor, for the use and benefit of the state, was referred to the judiciary committee.

The engrossed bill to be entitled an act to authorize Edward Sims and his associates to open a turnpike road therein named- Ordered, that the House concur in the amendments made by the Senate to said bill by striking out '25' in the 7th line, 3 section, and inserting in lieu thereof the figure '50;' and by striking out in the same line, and same section, '18 3-4,' and inserting '25.'


223

The engrossed bill to be entitled an act appointing a mode in which the site for the state capitol shall be selected- Ordered, that the House concur in the amendment made by the Senate to said bill by adding two additional sections.

The engrossed bill to be entitled an act further to relieve insolvent debtors, and the better to secure the rights of creditors, was read a third time.  Mr. Ross moved to amend the bill by way of engrossed rider, by adding in the first section, after the words 'in possession,' the words 'or value thereof in cash,' which was carried.  Mr. Ellis then moved to lay the bill on the table till the first day of June next, which was lost- yeas 21, nays 33.

The yeas and nays being desired, those who voted in the affirmative are Mr. Speaker, Acklin, Ambrister, Brown, Barclay, Crenshaw, Craig, Davis of Jack, Dupuy, Ellis, Fluker, Greening, Lewis, McClung, Neill, Pickens, Ross, Rhodes, Smith of Hen. Williams, Whitfield- 21.

Those who voted in the negative are,

Mr. Benson, Bridges, Broadnax, Bell, Bradford, Brasher, Coe, Coopwood, Davis of Frank. Dale, Dennis, Dubose, Duke, Edmondson, Edwards, Exum, Harris, Johnson, Jones, Moore of Mad. McVay of laud. McVay of Law. Martin, Massey, Parham, Powell, Raney, Smith of Laud. Smith of Mad. Sims, Terry, Weissinger, Walthall- 35.  The bill was then passed.

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

And then the House adjourned till tomorrow morning at 9 o'clock.