Saturday morning, Jan. 6, 1827.

The House met pursuant to adjournment.

A message from the Governor by John G. Aikin.

“Tuscaloosa, 6th Jan. 18247.  Mr. Speaker- I am instructed by the Governor to inform the House of Representatives that he did on the 5th inst. approved and sign an act to authorize Ebenezer Byram to sell a certain tract of land on the terms and conditions therein mentioned; an act to divorce John Hamblin from Hannah Hamblin; an ac to regulate the fees of certain public officers in Baldwin county; an act supplementary to an act to establish a state university; an act supplementary to an act for the government of the port and harbor of Mobile; an act to alter the mode of appointing assessors and tax collectors, and for other purposes; an act to authorize the citizens of Sommerville to elect a constable; and, an act to divorce Morgan Buck from Lavinia Buck.”- And then he withdrew.

Mr. Moore of Mad. from the committee of ways and means, to whom was referred a resolution of this House instructing them to inquire and report to this House an estimate of the probable current expenses of the government of this state for the ensuing year, and how far in their opinion the taxes of the present year may be reduced so as fully to meet such current expenses, with the assistance of all the unexpended funds in the treasury, Reported as follows:

That from the best information which they have had the means of acquiring, there will be in the treasury, after defraying the expenses of the government for the last year, about                  $26,000

From this unexpended balance above mentioned, which by the present law is required to be transferred and made a part of the capital stock of the Bank of the State of Alabama, on the first day of March in each and every year, there should be de-


224

ducted the sum of twenty-one thousand five hundred dollars appropriated for building a state capitol, payable out of the state treasury, in lieu of that amount of the seat of government fund, which has become a part of the stock of the Bank of the State of Alabama, by the charter establishing said Bank, 21,500 --------  Leaving a balance in the treasury of $4,500 unexpended, and which may be considered by the resolution referred to your committee as a surplus which may be set apart and applied to the current expenses  o the ensuing year, say $4,500 Your committee have, in obedience to the requisition of that part of the resolution requiring them to make estimates, taken as data the amount of assessments for the year 1826, which  amounts, after deducting the insolvencies and expenses of assessing and collecting, agreeably to the returns in the comptroller's office, to 89,000 ---------  $93,500 From which deduct the expenses of the government for the cur- rent year, agreeably to the best estimate that an be made, which will not materially vary from the expenditures of the past year, say 67,500 Which would leave an unexpended balance in the treasury at---------  the expiration of the year 1827, if the taxes remain as they are, of twenty-six thousand dollars. $26,000 From all which, your committee beg leave to report, that the taxes may be reduced, without detriment to the government, and greatly to the benefit of the people of this state.  They therefore recommend a reduction of the taxes of the state of Alabama, the sum of twenty-six thousand dollars, by such equitable means as the wisdom of the legislature may devise.                         DAVID MOORE, Chairman.

Ordered, that said report be laid on the table.

On motion of Mr. Walthall, the bill to be entitled an at to raise a revenue for the support of government until otherwise altered by law, was taken up from the table.  Mr. Harris moved to amend the bill by striking out in the first section of the bill, after the words 'belong to,' in the second line, down to the word 'dollars,' inclusive, in the fourth line, and to insert in lieu thereof the following: 'three classes, the first quality of the first class shall be rated at twenty dollars, the second at sixteen, the third quality at twelve dollars; the first quality of the second class shall be rated at ten dollars, the second at eight, and the third at six dollars; the first quality of the third class shall be rated at five dollars per acre, the second at three, the third at two. and the fourth at one dollar per acre;' which was lost.  Mr. Walthall offered the following amendment, to wit: to strike out the first and second sections of the bill, and to insert in lieu thereof the following: 'S.1.  That all lands in this state subject to taxation shall be taxed agreeably to the value thereof, to be estimated by the person giving in the same upon oath; that the sum of;- cents be paid for every hundred dollars value of lands which have been paid out of the land office, or to which a complete title has been obtained by the owner; and the tax on all lands purchases of the United States shall be proportioned to the number of the installments paid by


225

the proprietor at the time of the assessment; and if one installment only be paid to the government, one fourth only of the amount of tax accruing by the laws of the state on the land of the same value shall be assessed or collected, and in like proportion when a second or third installment have been paid;' which was rejected- yeas 13, nays 46.

The yeas and nays being desired, those who voted in the affirmative are Mr. Benson, Bridges, Dubose, Ellis, Harris, Jones, Lawler, Mead, Ross, Raney, Smith of Hen. Terry, Walthall- 13.

Those who voted in the negative are

Mr. Speaker, Acklen, Abrister, Brown, Broadnax, Bell, Bradford, Brasher, Barclay, Crenshaw, Craig, Coe, Coopwood, Davis of Fr. Davis of Jack. Dale, Dennis, Dupuy, Duke, Edmondson, Edwards, Exum, Fluker, Greening, Heard, Johnson, Lewis, McClung, Moore of mad, Moore of Jack. McVay of Laud. McVay of Law, Martin, Massey, Neill, Perkins, Pickens, Parham, Powell, Rhodes, Smith of La. Smith of mad. Sims, Williams, Weissinger, Whitfield- 46

Mr. Weissinger moved to strike out the words 'two dollars' in the fourth line of he first section, and to insert in lieu thereof, 'one dollars and twenty-five cents,' which was carried.  Mr. Weissinger moved to amend the bill by striking out in the second section, and the first line, the word 'ten,' which was lost- Yeas 12, nays 47.

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

Mr. Benson

Bradford

Lewis  Perkins

Smith of Mad

Weissinger

Brown

Bell Johnson

Smith of La.

Terry

Whitfield- 12

Those who voted in the negative are

Mr. Speaker

Coopwood

Ellis

Moore of Jac.

Powell

Acklen

Davis of Fr.

Exum

McVay of Lau

Ross

Ambrister

Davis of Ja.

Fluker

McVay of Law.

Rhodes

Bridges

Dale

Greening

Mead

Raney

Broadnax

Dennis

Heard Harris

Martin

Roberts

Brasher

Dupuy

Jones

Massey

Smith of Hen.

Barclay

Dubose

Lawler

Neill

Sims

Crenshaw

Duke

McClung

Pickens

Williams

Craig Coe

Edmondson

Moore of Mad.

Parham

Walthall- 47

Mr. Bridges moved to amend the bill by adding in the third section and second line, before the word 'town,' the word 'corporate,' which was lost.  Mr. Rhodes moved to strike out in the third section and fourth line, after the word 'state,' the word 'purchases,' and insert the word 'sold,' which was carried- 37, nays 20.

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

Mr. Speaker

Barclay

Dennis Dupuy

Jones

Parham

Bridges

Crenshaw

Edmondson

Lawler

Powell

Brown

Craig Coe

Edwards

McVay of Lau

Rhodes

Broadnax

Coopwood

Exum

McVay of Law

Smith of Laud.

Bell

Davis of Fr.

Fluker

Martin

Smith of Mad.

Bradford

Davis of Jack.

Heard

Massey

Terry

Brasher

Dale

Johnson

Perkins

Weissinger 37

Those who voted in the negative are

Mr. Acklen

Ellis

Moore of Jack

 Raney

Williams

Benson

Greening

Mead

Roberts

Walthall

Dubose

Harris

Neill Pickens

Smith of Hen.

Whitfield- 20

Duke

Moore of Mad

Ross

Sims

 

Mr. Ross then moved to strike out of the bill in the third section and third line, the words 'twenty-five,' which was carried.  Mr. McClung then moved to fill the blank thus made with the word 'twenty,' which was carried.  Mr. Bridges then moved to strike out in the fifth line of

Y


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the third section, '1825' and '1826,' and insert therein respectively in lieu thereof '1826' and '1827,' in the order in which they stand; which was carried.  Mr. Terry then moved to strike out in the seventy line and third section of the bill the word 'twenty,' and insert in lieu thereof the words 'twelve and a half' A division of the question was called for, and the question was first taken on striking out 'twenty,' as proposed, which was carried- yeas 33, nays 27.

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

Mr. Speaker

Crenshaw

Ellis

Lawler

Smith of Mad.

Ambrister

Coe

Edwards

Lewis

Terry

Benson

Davis of Fr.

Exum

Perkins

Weissinger

Bridges

Davis of Jack.

Fluker

Powell

Walthall

Broadnax

Dupuy

Greening

Raney

Whitfield- 33

Bell

Dale

Heard

Smith of Hen.

 

Bradford

Edmondson

Johnson

Smith of La.

 

Those who voted in the negative are

Mr. Acklen

Coopwood

McClung

Mead Martin

Ross

Brown

Dennis

Moore of Mad.

Massey

Rhodes

Brasher

Dubose

Moore of Ja.

Neill

Roberts

Barclay

Duke Harris

McVay of Laud.

Pickens

Sims

Craig

Jones

McVay of Lau.

Parham

Williams- 27

Mr. McVay of Laud. then moved to fill the blank thus made with 'twenty two,' which was lost.  Mr. Crenshaw then moved to reconsider the vote just taken on the motion made by Mr. Terry, by which the word 'twenty' in the seventh line of the third section was stricken out; which was carried- yeas 32, nays 28.

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

Mr. Acklen

Coopwood

Fluker

McVay of Laud

Pickens

Brown

Dale

Harris

McVay of Law.

Parham

Brasher

Dennis

Jones

Mead

Ross Rhodes

Barclay

Dupuy

McClung

Martin

Roberts

Crenshaw

Dubose

Moore of Mad

Massey

Williams- 32

Craig Coe

Duke Ellis

Moore of Jack.

Neill

 

Those who voted in the negative are

Mr. Speaker

Bradford

Greening

Powell

Terry

Ambrister

Davis of Fr.

Heard

Raney

Weissinger

Benson

Davis of Jack

Johnson

Smith of Hen.

Walthall

Bridges

Edmondson

Lawler

Smith of Laud

 Whitfield- 28

Broadnax

Edwards

Lewis

Smith of Mad.

 

Bell

Exum

Perkins

Sims

 

Mr. Terry then obtained leave and withdrew the amendment proposed by him, in striking out 'twenty' in the seventh line of the third section, by which the same remained as it was originally.  Mr. Mead then offered the following amendment to the bill, to wit, to add after the word 'year,' in the sixth line of the third section, the following: 'and if any person vending merchandize shall fail or refuse to give in to the assessors and collector, he shall forfeit and pay the sum of one thousand dollars, to be collected before any court having jurisdiction thereof, one half to the informer, the other half to the use of the state; and it shall be the duty of the tax collector to sue for the same for the use of the state --Mr. Mead afterwards withdrew the amendment by him offered; and Mr. Davis of Fr. then offered the same amendment. Mr. Lewis then moved to lay the amendment thus offered by Mr. Davis of Fr. on the table, which was lost- Yeas 26, nays 31.


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The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Acklen, Bridges, Brown, Broadnax, Brasher, Barclay, Dupuy, Dubose, Duke, Exum, Fluker, Lewis, Moore of Mad. Moore of Jack. Martin, Neill, Perkins, Pickens, Powell, Ross, Raney, Smith of Mad. Sims, Williams, Weissinger- 26.

Those who voted in the negative are, Mr. Ambrister, Benson, Bradford, Crenshaw, Craig, Coopwood, Davis of Fr. Davis of Jack. Dale, Dennis, Edmondson, Ellis, Edwards, Greening, Harris, Johnson, Jones, Lawler, McClung, McVay of Laud. McVay of Law. Mead, Massey, Parham, Rhodes, Roberts, Smith of Hen. Smith of La. Terry, Walthall, Whitfield- 31.

Mr. Coopwood then offered a modification of the amendment of Mr. Davis of Fr. so as to make the same read as follows: 'and if any person or persons vending merchandize shall refuse to give in a list of the amount of goods sold, on or before the first day of August annually, he or they shall forfeit and pay the sum of--------hundred dollars, to be collected by the assessor and tax collector, in the same manner as other state and county taxes are collected, which amount shall be paid into the state treasury;' which was accepted by Mr. Davis of Fr. Mr. Ellis then moved to amend the amendment by striking out said amendment all after the words 'assessor and tax collector,' last mentioned in said amendment, and substituting the following: 'by action of debt, for the use of the state, and to be paid into state treasury, which suit  shall be in the name of the assessor tax collector;' which was lost. The amendment was then adopted.  Mr. Broadnax then moved to strike out the bill the word 'seventy' in the third section and seventh line, with a view to insert 'sixty.'

And then the House adj'd till half past two o'clock this afternoon.

Evening Session.  The House met pursuant to adjournment.

The House resumed the consideration of a bill to be entitled an act to raise a revenue for the support of government until otherwise altered by law.  Mr. Powell moved to lay the bill on the table, and to take up a bill to be entitled an act to reduce the taxes of the people of the state of Alabama.  A division of the question being called for, the question was first taken on laying the bill now under consideration on the table, which was lost- Yeas 8, nays 39.

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

Mr. Speaker

Ellis

Johnson

Raney

Dubose

Greening

Powell

Terry- 8.

Those who voted in the negative are

Mr. Acklen

Brasher

Dale Dennis

Lawler

Pickens

Ambrister

Barclay

Edmondson

McClung

Rhodes

Benson

Crenshaw

Edwards

Moore of Mad.

Smith of Hen.

Bridges

Craig Coe

Fluker

Moore of Jack.

Smith of Mad.

Brown

Coopwood

Heard

McVay of Laud

Williams

Broadnax

Davis of Fr.

Harris

McVay of Law

Weissinger

Bell Bradford

Davis of Jack

Jones

Neill Perkins

Walthall-39

Mr. Broadnax then renewed his motion to strike out in the their section and seventh line of the bill the word 'seventy,' with a view to insert therein 'sixty,' which was lost.  Mr. Johnson then moved to strike out in the night line and third section the words 'thirty-seven and a half,' and insert in lieu thereof the words 'thirty five.'  A division of the question being called for, it was first taken on the striking out the


228

words 'thirty-seven and a half cents,' which was carried- Yeas 47, nays 8.

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

Mr. Speaker

Brasher

Edmondson

McClung

Raney

Acklen

Barclay

Ellis

Moore of Mad.

Roberts

Ambrister

Craig Coe

Edwards

Moore of Jack.

Smith of Hen.

Benson

Coopwood

Fluker

McVay of Laud

Smith of Lau.

Bridges

Davis of Fr.

Greening

McVay of Law.

Smith of Mad.

Brown

Davis of Ja.

Heard

Massey

Terry

Broadnax

Dale Dennis

Johnson

Neill

Williams

Bell

Dupuy

Jones

Parham

Weissinger

Bradford

Duke

Lawler

Powell

Walthall-47

Those who voted in the negative are

Mr. Crenshaw

Dubose Exum

Harris

Perkins Pickens

Ross Rhodes 8

Mr. Roberts then moved to fill the blank thus made with the word 'fifty,' which was lost- Yeas 2, nays 53.

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

Mr. Pickens

Roberts- 2.

Those who voted in the negative, are,

Mr. Speaker

Barclay

Edmondson

Lawler

Ross Rhodes

Acklen

Crenshaw

Ellis

McClung

Raney

Ambrister

Craig Coe

Edwards

Moore of Mad.

Smith of Hen.

Benson

Coopwood

Exum

Moore of Jack.

Smith of Lau.

Bridges

Davis of Fr.

Fluker

McVay of Laud.

Smith of Mad.

Brown

Davis of Jack

Greening

McVay of Law.

Terry

Broadnax

Dale Dennis

Heard

Massey

Williams

Bell

Dupuy

Harris

Neill Perkins

Weissinger

Bradford

Dubose

Johnson

Parham

Walthall-53

Brasher

Duke

Jones

Powell

 

Mr. Williams then moved to strike out of the bill, in the eighth and ninth line, the words 'for all free white males above the age of twenty one years,' which was lost- Yeas 26, nays 31.

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

Mr. Ambrister

Brasher

Dupuy

McVay of Law

Roberts

Benson

Coopwood

Duke

Neill

Smith of Laud.

Bridges

Davis of Fr.

Ellis

Pickens

Terry

Brown

Davis of Jack.

Edwards

Rhodes

Williams

Bradford

Dennis

Heard Jones

Raney

Walthall-26.

Those who voted in the negative are

Mr. Speaker

Craig Coe

Harris

McVay of Laud.

Ross

Acklen

Dale Dubose

Johnson

Martin

Smith of Hen.

Broadnax

Edmondson

Lawler

Massey

Smith of Mad.

Bell

Exum

McClung

Perkins

Weissinger

Barclay

Fluker

Moore of Mad.

Parham

Whitfield-31

Crenshaw

Greening

Moore of Jack

Powell

Mr. Crenshaw then moved to fill the blank occasioned by striking out the word 'thirty-seven and a half,' with the words 'thirty-five,' which was lost- Yeas 7, nays 50.

The yeas and nays being desired, those who voted in the affirmative are Mr. Crenshaw, Edmondson, Exum, Harris, Perkins, Ross, Whitfield- 7. Those who voted in the negative are,

Mr. Speaker, Acklin, Ambrister, Benson, Bridges, Brown, Broadnax, Bell, Bradford, Brasher, Barclay, Craig, Coe, Coopwood, Davis of Frank, Davis of Jack, Dale, Dennis, Dupuy, Dubose, Duke, Ellis, Edwards, Fluker, Greening, Heard, Johnson, Jones, Lawler, McClung, Moore of Mad. Moore of Jack McVay of Laud. McVay of Law. Martin, Massey, Neill, Pickens, Parham, Powell,


229

Rhodes, Raney, Roberts, Smith of Hen. Smith of Laud. Smith of Mad. Terry, Williams, Weissinger, Walthall-50.

Mr. Craig then moved to fill the blank with the words 'thirty-one and a quarter;' which was lost- Yeas 13, nays 46.

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

Mr. Broadnax

Craig Dale

Exum

Harris Martin

Ross

Bell Crenshaw

Edmondson

Lewis

Perkins

Whitfield-13

Those who voted in the negative are,

Mr. Speaker

Coe

Edwards

Moore of Jack.

Raney

Acklen

Coopwood

Fluker

McVay of Laud.

Roberts

Ambrister

Davis of Fr.

Greening

McVay of Law

Smith of Hen.

Benson

Davis of Jack.

Heard

Mead Massey

Smith of Laud.

Bridges

Dennis

Johnson

Neill

Smith of Mad.

Brown

Dupuy

Jones

Pickens

Terry

Bradford

Dubose

Lawler

Parham

Williams

Brasher

Duke

McClung

Powell

Weissinger

Barclay

Ellis

Moore of Mad.

Rhodes

Walthall-46

Mr. Crenshaw then moved to fill the blank in the bill with the word 'thirty,' which was lost.  Mr. Weissinger then moved to fill the blank with 'twenty five,' which was carried.  Mr. Weissinger then moved to reconsider a voted given this afternoon, on a motion made by Mr. Broadnax to strike out the word 'seventy' in the seventh line and third section of the bill, he having voted in the majority, which was carried- Yeas 36, nays 23.

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

Mr. Speaker, Ambrister, Bridges, Benson, Brown, Broadnax, Bradford, Barclay, Craig, Coopwood, Davis of Fr. Davis of Jack. Dale, Dennis, Dupuy, Dubose, Duke, Edmondson, Edwards, Fluker, Greening, Johnson, Jones, Lawler, Lewis Massey, Pickens, Rhodes, Raney, Roberts, Smith of Hen. Smith of Lau. Terry, Weissinger, Walthall Whitfield-36.

Those who voted in the negative are,

Mr. Acklen, Bell, Brasher, Crenshaw, Coe, Ellis, Exum, Heard, Harris, McClung, Moore of Mad. Moore of Jack. McVay of Laud. McVay of Law. Mead, Martin, Neill, Perkins, Parham, Powell, Ross, Smith of mad, Williams- 23.

Mr. Weissinger then moved to strike out the word 'seventy,' in the seventh line of the third section, which was carried- Yeas 36, nays 24.

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

Mr. Speaker, Ambrister, Benson, Bridges, Brown, Bradford, Broadnax, Barclay, Craig, Coopwood, Davis of Fr. Davis of Jack, Dale, Dennis, Dupuy, Dubose, Duke, Edmondson, Edwards, Greening, Johnson, Jones, Lawler, Lewis, Massey, Pickens, Rhodes, Raney, Roberts, Smith of Hen. Smith of Laud. Sims, Terry, Weissinger, Walthall, Whitfield- 36.

Those who voted in the negative are,

Mr. Acklen, Bell, Brasher, Crenshaw, Coe, Ellis, Exum, Fluker, Heard, Harris, McClung, Moore of Mad. Moore of Jack, McVay of Laud. McVay of Law. Mead, Martin, Neill, Perkins, Parham, Powell, Ross, Smith of Mad. Williams- 24.

Mr. Ross then moved to fill the blank with 'sixty-five,' which was carried.  Mr. Ross then moved to strike out of the bill in the 14th, 15th and 16th lines of the third section the words 'and all neat cattle which may be owned by any one citizen of this state, and for every head of neat cattle owned by any person not a citizen freeholder of this state, over twenty-five head, work oxen excepted, per head, two cents,' which was lost- Yeas 14, nays 46.

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

Mr. Benson, Dale, Dennis, Ellis, Edwards, Fluker, Greening, Johnson, Jones, Mead, Ross, Roberts, Smith of Hen. Weissinger- 14.


230

Those who voted in the negative are- Mr. Speaker, Acklen, Ambrister, Bridges, Brown, Broadnax, Bell, Bradford, Brasher, Barclay, Crenshaw, Craig, Coe, Coopwood, Davis of Fr. Davis of Ja. Dupuy, Dubose, Duke, Edmondson, Exum, Heard, Harris, Lawler, Lewis, McClung, Moore of Mad. Moore of Jack. McVay of Laud. McVay of Law. Martin, Massey, Neill, Perkins, Pickens, Parham, Powell, Rhodes, Raney, Smith of Laud. Smith of Mad. Sims, Terry, Williams, Walthall, Whitfield- 46.

Mr. Weissinger then moved to strike out in the sixteenth line of the third section of the bill, the words 'twenty-five,' which was lost- Yeas 25, nays 33.

The yeas and nays being desired, those who voted in the affirmative are Mr. Speaker, Benson, Bridges, Coopwood, Dubose, Ellis, Edwards, Fluker, Greening, Harris, Johnson, Jones, Lawler, Mead, Martin, Neill, Perkins, Pickens, Ross, Raney, Roberts, Smith of Hen. Sims, Weissinger, Walthall- 25

Those who voted in the negative are- Mr. Acklen, Ambrister, Brown, Broadnax, Bell, Bradford, Brasher, Barclay, Crenshaw, Craig, Coe, Davis of Frank. Davis of Jack. Dupuy, Duke, Edmondson, Exum, Heard, Lewis, McClung, Moore of Mad. Moore of Jack. McVay of Laud. McVay of Law. Massey, Parham, Powell, Rhodes, Smith of Lau. Smith of mad. Terry, Williams, Whitfield- 33.

Mr. Greening then moved to strike out in the third section and sixteenth line of the bill, the word 'two,' which was carried- Yeas 30, nays 29.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Ambrister, Benson, Brown, Broadnax, Barclay, Coopwood, Dale, Dennis, Dupuy, Dubose, Ellis, Edwards, Fluker, Greening, Harris, Johnson, Jones, Lewis, Moore of Jack. McVay of Law. Mead, Martin, Ross, Raney, Roberts, Smith of Hen. Terry, Weissinger, Walthall- 30.

Those who voted in the negative are, Mr. Acklen, Bridges, Bell, Bradford, Brasher, Crenshaw, Craig, Coe, Davis of Fr. Davis of Ja. Duke, Edmondson, Exum, Hears, Lawler, McClung, Moore of Mad. McVay of Laud. Massey, Parham. Pickens, Parham, Powell, Rhodes, Smith of Laud. Smith of Mad. Sims, Williams, Whitfield- 29.

Mr. Exum then moved to fill the blank with “one and three quarters,” which was lost.  Mr. Davis of F. then moved to fill the blank with one and a half: which was carried Mr. Smith of mad then moved to strike out in the 12th line of the 3d section, the words 'one dollar,' and insert in lieu thereof the words 'seventy five cents,' which was lost.  Mr. Terry then moved to strike out in the 21st line of the third section, the words 'one hundred,' and to insert in lieu thereof the words 'two hundred,' which was carried.  Mr. Smith of mad then moved to strike out in the 27th line of the 3d section the words 'twenty-five,' and to insert in lieu thereof the word 'fifty,' which was carried.  Mr. Weissinger then moved to strike out in the 32d line of the 3d section of the bill, the words 'thirty-seven and a half,' and to insert in lieu thereof the words 'twenty-five.'  A division of the motion was called for, and the question was first taken on striking out 'thirty-seven and a half,' which was carried.  Mr. Craig then moved to fill the blank with "fifty cents:” which was lost.  Mr. McClung then moved to fill the blank with 'forty cents,' which was lost.  Mr. McClung then moved to fill the blank with 'thirty,' which was lost.  Mr. Walthall then moved to fill the blank with 'twenty five,' which was lost.  Mr. Walthall then moved to fill the blank with 'twenty five,' which was carried.  Mr. Craig moved to strike out of the bill in the thirtieth line of the 3d section, the word 'fifty,' which was lost.  Mr. Walthall moved to strike out in the 5th and 6th line of the 4th section the words, “and all houses of public entertainment on the roads & highways, without retailing spirituous liquors, five dollars;” which was carried.  Mr. Perkins offered the following amendment to be added at the end of the 4th section, "and all county monies


231

that may come into the hands of clerks in this state shall be paid into their respective county treasuries,” which was adopted.  Mr. Coopwood moved to amend the bill by adding after the word 'corporate,' in the 3d line of the 5th section of the bill, the words, 'and on all shares held by any citizens of this state in the bank of the United States,' which was carried.  Mr. Bridges moved to strike out in the 33d line of the 3d section, the words 'twenty five,' and to insert in lieu thereof the word 'twenty.' A division of the proposition was called for, and the question was first put on striking out 'twenty-five,' which was lost.  Mr. Terry moved to amend the bill by adding after the word 'banks,' in the 4th line of the 5th section the words 'chartered by this state or the Alabama territory,' which was carried.  Mr. Walthall then moved to strike out the following words in the 5th line and fourth section, without keeping accommodations for man and horse;" which was carried.  Mr. Terry moved to strike out in the 5th line and 13th section, the words 'two thousand dollars,' and insert in lieu thereof 'four thousand;' which was carried.  Mr. Duke moved to add the following proviso at the end of the 15th section: "Provided, that if any person or persons shall remove property liable to taxation within the limits of this state, previously to the 1st day of March in each and every year, such property shall not be liable to taxation, if the owner or owners of such property can produce a receipt to the assessor, showing that taxes have been paid on the same in the state from which the property may have been removed for the same year;" which was carried.  Mr. Terry moved to amend the bill by adding thereto an additional seventeenth section.  Mr. Smith of Laud moved to amend the amendment of Mr. Terry, by inserting after the word 'property,' the words 'on application;' which was carried.  Yeas 43- Nays 14.

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

Mr. Acklen

Coe

Edmondson

McVay of Laud.

Smith of Hen.

Ambrister

Coopwood

Ellis

McVay of Law.

Smith of Lau.

Brown

Davis of Fr.

Exum

Mead

Smith of Mad.

Braodnax

Davis of Ja.

Fluker

Martin

Sims

Bell

Dale

Heard

Perkins

Williams

Bradford

Dennis

Harris

Pickens

Walthall

Brasher

Dupuy

Jones

Parham

Whitfield- 43

Barclay

Dubose

McClung

Ross

 

Craig

Duke

Moore of Mad.

Rhodes.

 

Those who voted in the negative are

Mr. Speaker

Edwards

Lawler

Neill

Terry

Bridges

Greening

Moore of Jac.

Raney

Weissinger-14.

Crenshaw

Johnson

Massey

Roberts

 

The amendment offered by Mr. Terry, as amended, was then adopted.  Mr. McClung then offered the following amendment, to be added to the 16th section, at the end thereof, 'and for every failure on his part to require oath to be made, as required by this section, he shall forfeit and pay the sum of twenty dollars, one half for the use of any person suing for the same, and the other half for the use of the state;' which was adopted.  Mr. Harris then moved to strike out the words 'twenty-five cents,' at the end of the 3d section, and insert in lieu thereof 'one dollar:' which was carried.  Mr. Exum moved to reconsider the vote taken this day, on striking out the words 'twenty-five head.' in the 16th line and 3d section of the bill, which was lost.  Mr. Roberts moved to reconsider the voted taken this day, on the proposition to strike out in the 7th line of the 3d section the word 'twenty' which was lost.  Mr. Ross offered an additional section to the bill, numbered eighteen, which was adopted.  The bill was then ordered to be engrossed for a third reading.

Mr. Acklen then moved that the house adjourn till Monday morning at half past 9 o'clock, which was lost Yeas 17- Nays 42.

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


232

Mr. Acklen

Barclay

Dupuy Dubose

Heard

Ross

Ambrister

Coe

Edmondson

McClung

Williams

Brasher

Davis of Jack.

Ellis Exum

McVay of Law.

Whitfield- 17

Those who voted in the negative are

Mr. Speaker

Coopwood

Johnson

Massey

Roberts

Benson

Davis of Fr.

Lawler

Neill

Smith of H.

Bridges

Dale Dennis

Lewis

Perkins

Smith of Laud

Brown

Duke Edwards

Moore of Mad.

Pickens

Smith of Mad.

Broadnax

Fluker

Moore of Jack

Parham

Sims

Bell

Greening

McVay of Laud

Powell

Terry

Bradford

Harris

Mead

Rhodes

Weissinger

Crenshaw

Jones

Martin

Raney

Walthall-42

Mr. Rhodes, a member from the county of Morgan, obtained leave of absence after to night, for the remainder of this session.

Mr. Dubose, a member from the county of Clarke, obtained leave of absence after to night, for the remainder of this session.

Mr. Greening moved to reconsider the vote taken on yesterday, on concurring with the senate in the amendments made by them to the bill which originated in this house, entitled, an act providing a mode in which the site for the state capitol shall be selected; he having voted with the majority in said concurrence; which was carried.  Yeas 32- Nays 27.

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

Mr. Speaker

Coopwood

Johnson

Perkins

Smith of Laud.

Benson

Davis of Fr.

Jones

Pickens

Smith of Mad.

Bridges

Dale Dennis

Lawler

Lewis Ross

Terry

Broadnax

Dubose

Moore of Jack.

Rhodes

Weissinger

Crenshaw

Edwards

Mead

Roberts

Walthall- 32

Craig

Greening

Neill

Smith of Hen.

 

Those who voted in the negative are

Mr. Acklen

Barclay

Coe Ellis

McClung

Powell

Ambrister

Davis of Ja.

Exum

Moore of Mad.

Raney

Brown

Bell Dupuy

Fluker

McVay of Laud.

Sims

Bradford

Duke

Heard

McVay of Law.

Williams

Brasher

Edmondson

Harris

Martin

Whitfield-27

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