Monday morning, Jan 8th. 1827.

The House met pursuant to adjournment.  Mr. Perkins from the select committee, to whom was referred a bill from the Senate, entitled, an act to establish the permanent seat of justice in walker county, reported the same without amendment. The bill was then read a second time, and ordered to be read a 3d time.

Mr. Perkins, from the select committee, to whom was referred a bill to be entitled, an act to authorize Joseph Burleson and his associates to turnpike a certain road therein named, reported the same without amendment.  The bill was then read a second time, and ordered to be engrossed for a third reading.

A message from the Senate by Mr. Lyon, their secretary: Mr. Speaker- The Senate concur in the amendments made by your honorable body to their amendment to the bill entitled, an act to alter the times of holding the county courts in the counties of Tuscaloosa, Lawrence and Limestone.  They have passed resolutions instructing our senators, and requesting our representatives in Congress, to use their endeavors to procure an equal extension of the national judiciary system to the western and southwestern states of the union; also, a resolution authorizing the governor to offer the university lands in Shelby and Bibb counties for sale, on the 3d Monday in February next, which originated in their House, and in which they desire your concurrence.

They have also passed bills which originated in the house of representatives of the following titles, to wit: an act to make compensation to the commissioners to close the unsettled accounts between this state and Mississippi, and for other


233

purposes; an act amendatory to an act passed on the 14th of January, 1826, entitled, an act to authorize William H. Ragsdale and his associates, to turnpike a road therein specified, and have amended the same, by filing the blank in the 1st section thereof with the word 'five:' an act making appropriations for the year 1827, and have amended the same by adding thereto an additional section: an act to amend an act to establish the bank of the state of Alabama, approved Dec'r. 20th, 1823, and have amended the same by filling the blank in the 3d section of the bill, where it relates to the salary of the clerk of the bank, with 'eight hundred dollars;' also by adding the accompanying proviso, to the end of the third section, and by striking out the proviso from the end of the 4th section of the bill; in which several amendments they desire your concurrence.

I am directed to communicate to your honorable body the accompanying report of a select committee of the senate, to which was referred a plan of the state capitol, marked No. 1; and also, the plan of the said capitol, marked No. 2; and to inform you that the said report has been concurred in, and the plan herewith communicated of the state capitol adopted by the Senate; in which they respectfully desire your concurrence- and then he withdrew.

Mr. Greening, from the committee on the state bank, made a report to the House, which was read with closed doors- and concurred in.

Mr. Coopwood obtained leave to introduce a joint resolution to remove the injunction of secrecy imposed on the joint committee appointed to examine the state bank, which was read a first time; and the rule requiring bills to be read on three several days being dispensed with, it was read a second time forthwith; and on motion of Mr. Powell, the resolution was then taken as engrossed, and 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.

Ordered, That the door of the House be opened.

Mr. Raney offered the following preamble and resolution:- We, the members of the General Assembly of the State of Alabama, believe that General Andrew Jackson is well qualified to discharge the duties of the highest office within the power of a grateful country to bestow; and that he is patriot and statesman above the reach of corruption:

Resolved, Therefore, by the members of the House of Representatives of the State of Alabama, that it is their intention to support him at the next Presidential election for that important office, by every honorable means in their power.

Mr. Ellis offered to amend the preamble, after the word Alabama, by inserting, “whose names are hereunto subscribed,” which was lost.  Yeas 17- Nays 43

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

Mr. Bridges

Edwards

Johnson

Pickens

Williams

Crenshaw

Greening

Jones Martin

Smith of La.

Weissinger

Dennis

Ellis Heard

Perkins

Sims

Walthall- 17

Those who voted in the negative are

Mr. Speaker

Barclay

Duke

Moore of Mad.

Powell

Acklen

Craig Coe

Edmondson

Moore of Ja.

Ross Raney

Ambrister

Coopwood

Exum

McVay of Laud.

Rhodes

Benson

Davis of Fr.

Fluker

McVay of Law.

Roberts

Brown

Davis of Jack.

Harris

Mead

Smith of Hen.

Broadnax

Dale

Lawler

Massey

Smith of Mad.

Bell Bradford

Dupuy

Lewis

Neill

Terry

Brasher

Dubose

McClung

Parham

Whitfield- 43

And the question being put, shall this resolution pass?  it was determined in the affirmative.   Yeas 48- Nays 10.

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

Mr. Speaker

Brown

Brasher

Coopwood

Dennis

Acklen

Broadnax

Barclay

Davis of Fr.

Dupuy

Ambrister

Bell

Craig

Davis of Jack.

Dubose

Benson

Bradford

Coe

Dale

Duke

Y


234

Edmondson

Lawler

McVay of Law.

Powell

Smith of Mad.

Exum

Lewis

Mead

Ross

Sims

Fluker

McClung

Massey

Rhodes

Terry

Greening

Moore of Mad.

Neill

Raney

Whitfield- 48

Heard

Moore of Jack.

Pickens

Roberts

 

Harris

McVay of Laud.

Parham

Smith of Hen.

 

Those who voted in the negative are

Mr. Crenshaw

Ellis

Jones

Perkins

Weissinger

Edwards

Johnson

Martin

Williams

Walthall-10.

A message from the senate by Mr. Lyon, their secretary- Mr. Speaker: The senate have adopted the following resolution, in which they desire the concurrence of your honorable body, viz” "Resolved, by the Senate, with the concurrence of the house of representatives, that the two houses will proceed this day at 3 o'clock, p.m. to elect a president and board of directors of the bank of the state of Alabama.”

They have read three several times and passed a 'resolution to remove the injunction of secrecy imposed on the joint committee appointed to examine the state bank, which originated in the house of representatives' They have passed bills which originated in your house, entitled- an act to define the boundary line between Shelby and Autauga counties- and, an act to incorporate the Alabama and Tennessee canal company; and have amended the latter in the manner herewith shown; in which they desire your concurrence. Also, an act to reduce into one the several acts concerning roads, bridges, ferries, and highways, and have amended the same in the manner herewith shown, and then he withdrew.

The engrossed bill to be entitled an act appointing a mode in which the site for the state capitol shall be selected.

The question was put, shall this house concur in the amendments made by the senate to this bill, by adding thereto two additional sections, and was determined in the affirmative Yeas 30 nays 29.

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

Mr. Acklen

Craig

Duke

McClung

Powell

Ambrister

Coe

Edmondson

Moore of Mad.

Ross

Brown

Coopwood

Ellis

McVay of Laud

Raney

Bradford

Davis of Ja.

Exum

McVay of Law.

Smith of Mad.

Brasher

Dupuy

Fluker

Martin

Williams

Barclay

Dubose

Harris

Parham

Whitfield- 30

Those who voted in the negative are

Mr. Speaker

Dale

Jones

Neill

Smith of Lau.

Benson

Dennis

Lawler

Perkins

Sims

Bridges

Edwards

Lewis

Pickens

Terry

Broadnax

Greening

Moore of Jack.

Rhodes

Weissinger

Crenshaw

Heard

Mead

Roberts

Walthall- 29

Davis of Fr.

Johnson

Massey

Smith of Hen.

 

Ordered, That the clerk acquaint the Senate therewith.

Ordered, That the House concur in the amendments made by the senate to the bill to be entitled, an act amendatory to an act passed on the 14th day of January, 1826, entitled an act, to authorize William H. Ragsdale and his associates, to turnpike a road therein specified, by filling the blank in said bill with the word 'five,' in the first section of the bill.  Ordered, That the clerk acquaint the Senate therewith.

Ordered, that the house concur in the amendments made by the senate to the bill entitled, an act making appropriations for the year 1827, by adding thereto an additional section numbered nine.  Ordered, That the clerk acquaint the senate therewith. Ordered That the house concur in the amendments made by the senate to the bill entitled, an act to amend an act to establish the bank of the state of Alabama, approved December 20, 1823, by adding thereto the following provision to the end of the third section- “Provided that hereafter no allowance shall


235

be made by the directors to the cashier, clerk or teller, unless the cashier be required to live in or adjoining the banking house, in which event rent may be allowed him by the board, according to their discretion.  Yeas 30- Nays 23.

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

Mr. Speaker

Broadnax

Dale

Lawler

Ross

Acklen

Bradford

Dupuy

McClung

Raney

Ambrister

Brasher

Exum

Moore of Mad.

Roberts

Benson

Barclay

Greening

Moore of Jack.

Smith of Hen.

Bridges

Crenshaw

Harris

Martin

Weissinger

Brown

Davis of Fr.

Johnson

Pickens

Whitfield-30

Those who voted in the negative, are

Mr. Craig

Duke

McVay of Law.

Powell

Terry

Coe

Edmondson

Mead

Rhodes

Williams

Coopwood

Ellis

Massey

Smith of Laud.

Walthall- 23

Davis of Jack.

Jones

Neill

Smith of Mad.

 

Dennis

McVay of Laud

Perkins

Sims

 

Ordered, That the house concur also in the amendments made to the bill by filling the blank relating to the salary of the clerk with 'eight hundred dollars,' and also by striking out of the bill the proviso, at the end of the fourth section. Ordered, That the clerk acquaint the senate therewith. Ordered, That a report of a select committee of the senate, to which was referred a plan of the state capitol, marked no 1, and also the plan of said capitol, marked no 2, together with the accompanying plan received from the senate be laid on the table. Ordered, That the house concur in the resolution of the senate, proposing to go into the election of a president and board of directors of the bank of the state of Alabama, and have amended the same by striking out thereof 'three o'clock p.m.' and inserting in lieu thereof '6 o'clock this evening.'  Ordered, that the clerk acquaint the Senate therewith.  Ordered, That the house concur in the amendment made by the senate to the bill entitled, an act to reduce into one the several acts concerning roads, bridges, ferries and highways, by adding thereto an additional section numbered 35.  Ordered, That the clerk acquaint the senate therewith. Ordered, That the house concur in the amendments made by the Senate, to the bill to be entitled an act to incorporate the Alabama and Tennessee canal Company, by inserting in the fifth section and eight line, after the words “ton of freight,” the words “or five dollar per ton burthen, on each boat or water craft, not having on board at least twenty tons of freight;” also by adding after the fifth section the following: and provided, that the net revenue or profits of said corporation accruing annually from the tolls to be charged and collected as aforesaid, shall not exceed twenty-five per cent per annum on the amount of money expended in making and constructing said canal and improvements, and that said corporation may so increase the tolls on boats or freights navigating said canal or improvements or any part thereof, as to produce to said corporation a net revenue of twelve and a half per cent. per annum from the opening of said canal;” and by adding thereto two additional sections numbered nine and ten; also by striking out of the fifth section and thirteenth line, after the word “burthen” to “winter season” in the next line and inserting the words “at all times” in lieu thereof.  Ordered that the clerk acquaint the Senate therewith.

And then the House adjourned till half past two o'clock.

Evening Session.- The House met pursuant to adjournment.

The engrossed bills of the following titles to wit: an act for the relief of Grantland and Robinson; an ac for regulating the inspection of tobacco; an act to reduce into one the several acts giving gees to justices of the peace and constables; an act to raise a revenue for the support of government until otherwise altered by law; an act to revive a certain act herein named; an act amendatory to an act entitled an act; to class and fix the price of the university lands, passed January 13th, 1826, an act to authorize Edwards Calvert to sell and convey a certain land certificate; an act to authorize a levy of a county tax for the county of Cov-


236

ington; an act organizing the 12th regiment of the militia in St. Clair county; and an act to amend an act concerning the town of Tuscumbia; also, the engrossed report of the select committee and resolutions in relation to the unsettled accounts between the state of Alabama and Mississippi; 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 to be entitled an act to authorize Martha Brandon, administratrix of Josiah K. Brandon, deceased, to sell and convey certain town lots in Tuscaloosa, was laid in the table at Mr. Acklen's instance.

The engrossed bill to be entitled an act to alter and extend the limits of Clarke county and for other purposes, was read a third time.  Mr. Edwards moved to amend the same by adding thereto the following proviso: “Provided that the boundary line shall run from Little river, the place of beginning, so as to retain in Monroe county inhabitants and lands of sundry families that not live in the fork, to wit, Mr. James, John Darrington, Williams Matthewson and Seth Hunt, the owner, of the salt works; which was lost.  The question was then put, shall this bill pass?  and determined in the affirmative- Yeas 25, Nays 24.

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

Mr. Acklen

Crenshaw Craig

Ellis

McVay of Law.

Raney

Ambrister

Coopwood

Fluker

Massey

Smith of Mad.

Brown

Davis of Jack.

Harris Jones

Neill

Weissinger

Bradford

Dupuy

Lawler

Perkins

Walthall

Brasher

Dubose Duke

McVay of Laud.

Rhodes

Whitfield- 28

Those who voted in the negative are

Mr. Speaker

Barclay

Edmondson

Johnson

Smith of Hen.

Benson

Coe

Edwards

Moore of Mad.

Sims

Bridges

Davis of Fr.

Exum

Martin

Terry

Broadnax

Dale

Greening

Pickens

Williams- 24

Bell

Dennis

Heard

Parham

 

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

The engrossed resolutions instructing our Senators & requesting our Representatives in Congress to use their endeavors to procure an equal extension of the national judiciary system to the western and southwester states of the Union, were read a first time, and were ordered to a second reading.

The bill to be entitled an act to secure the possession of the site that may be selected for the state capitol, was read a second time.  Mr. Perkins offered as an amendment to the bill, an additional section numbered two; which was adopted.  Mr. Perkins, then offered as an amendment to the bill an additional section numbered three, which was adopted.  Mr. Coopwood moved to lay the bill and amendments on the table till the first day of March next, which was lost.  Mr. Williams, moved that the bill be referred to the Judiciary committee, which was lost.  The question was then put, shall this bill be engrossed for a third reading, and was determined in the negative- Yeas 26, Nays 30.

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

Mr. Speaker

Craig

Heard

Neill

Smith of Hen.

Benson

Davis of Fr.

Johnson

Perkins

Sims

Bridges

Dale

Dennis Jones

Pickens

Terry

Broadnax

Edwards

Lawler

Ross

Weissinger

Crenshaw

Greening

Massey

Rhodes

Walthall- 26

Those who voted in the negative are

Mr. Acklen

Barclay

Duke

McClung

Parham

Ambrister

Coe

Edmondson

Moore of Mad.

Powell

Brown

Coopwood

Ellis

Moore of Jack.

Raney

Bell

Davis of Jack.

Exum

McVay of Laud.

Smith of Mad.

Bradford

Dupuy

Fluker

McVay of Law.

Williams

Brasher

Dubose

Harris

Martin

Whitfield-30


237

The joint resolution from the Senate, authorizing the Governor to offer the university lands in the Shelby and Bibb, counties for sale on the 3d Monday in February next, was read a first time, and the rule requiring joint resolutions to be read on three several days being suspended, four fifths of the members presented voting in the affirmative, the resolution was read a second time forthwith; and the rule being further suspended as aforesaid, it was read a third time and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bills from the Senate of the following titles, to wit: an act making it the duty of the comptroller of public accounts to lay before both houses of the general assembly, annually, in the first week of its session, a fair expose of the disbursements made from the contingent fund; an act to authorize the Mobile school commissioners to raise a sum of money by lottery; an act relative to certain officers in Fayette county; an act for the relief of James W. Armstrong; an act for the relief of John McGrew; and also, the engrossed report and resolutions from the Senate in relation to the system for the disposal of the public lands, and to the unsettled land claims in this state, were severally read a third time and passed.  Ordered, that the clerk acquaint the Senate therewith.

The engrossed bill from the Senate, entitled an act to repeal an act passed at St. Stephens, 10th Feb. 1818, incorporating the St. Stephens steam boat company, was read the third time and passed- Yeas 37, nays 14.

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

Mr. Benson

Barclay

Ellis

McVay of Lau.

Rhodes

Bridges

Crenshaw Coe

.Fluker

McVay of Law.

Smith of Hen

Brown

Coopwood

Greening

Martin

Smith of Mad.

Broadnax

Davis of Jack.

Johnson

Massey

Sims Terry

Bell

Dennis

Jones

Pickens

Weissinger

Bradford

Dubose

Lawler

Parham

Walthall

Brasher

Duke

Moore of Jack

Powell

Whitfield- 37

Those who voted in the negative are

Mr. Speaker

Dupuy

Heard

Moore of Mad.

Raney

Ambrister

Edmondson

Harris

Neill

Williams- 14

Dale

Exum

McClung

Ross

 

Ordered, that the clerk acquaint the Senate therewith.

The engrossed bill from the Senate, to be entitled an act supplementary to the several acts heretofore passed, granting to Abraham Stout and his associates the privilege of opening a turnpike road, commencing at or near John Gandy's in Morgan county; an act authorizing the transfer of certain lands therein mentioned; an act to authorize the intendant and town council of the town of Montgomery to hold their meetings in the court house of Montgomery county, were severally read a second time, and ordered to be read a third time.

The engrossed resolutions from the Senate, entitled resolutions in relation to the compensation of the quarter-master general, were laid on the table.

On motion of Mr. Ross, the engrossed joint resolutions from the Senate, instructing our senators and representatives in Congress for the subject or exchanging certain lands reserved for the use of schools in this state; also an engrossed bill from the Senate, entitled an act to emanci-


238

pate certain slaves therein named; and a bill to be entitled an act to aid in the improvement of the port and harbor of Mobile, were taken up from the table, and placed among the order of the day.

The engrossed resolutions from the Senate, relative to the militia laws of this state, were read a second time.  Mr. Martin moved to amend the same by inserting in the third section of the resolution, after the word 'Shelby,' the words 'and Jefferson,' which was carried.  The bill was then referred to the military committee.

A bill to be entitled an act to prohibit the importation of slaves into this state for sale or hire, was read a second time, and ordered to be read a third time.

On motion of Mr. Weissinger, the engrossed resolution from the senate, instructing our Senators and Representatives in Congress on the subject of authorizing the sale of the sections No. 16, reserved for the use of schools in this state, were taken up and placed among the orders of the day.

The engrossed bill to be entitled an act authorizing judges of the county courts to exercise additional jurisdiction in certain cases, was read a third time, and the question being put, shall this bill pass? it was determined in the negative.

The engrossed bill from the Senate, entitled an act to authorize Abraham Smith and his associates to erect a mill on Coosa river, was read a second time.  Mr. Lawler moved to strike out of the second section of the bill the words 'five thousand,' and insert in lieu thereof 'five hundred,' which was carried.  The bill was then ordered to be read a 3d time.

The engrossed bill to be entitled an act to pay officers for taking prisoners for one county to another in this state, was read a third time and passed- Yeas 32, nays 25.

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

Mr. Speaker

Craig

Fluker

Mead

Smith of Hen.

Ambrister

Coopwood

Harris

Massey

Smith of La.

Benson

Davis of Ja.

Johnson

Perkins

Smith of mad.

Broadnax

Dale Dennis

Jones

Powell

Terry

Brasher

Dubose

Lawler

Ross Raney

Weissinger

Barclay

Exum

Moore of Mad.

Roberts

Walthall-32.

Those who voted in the negative are

Mr. Acklen

Coe

Ellis

Moore of Jac.

Pickens

Bridges

Davis of Fr.

Edwards

McVay of Lau.

Parham

Brown Bell

Dupuy

Greening

McVay of Law

Sims

Bradford

Duke

Heard

Martin

Williams-25

Crenshaw

Edmondson

McClung

Neill

 

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