Tuesday, January 9, 1827.

The House met pursuant to adjournment at 9 o'clock.

Mr. Moore of Mad. from the committee on schools, colleges and universities, and school and university lands, to which was referred a bill to be entitled an act to increase the capital stock of the Bank of the State of Alabama, reported the same without amendment.  Mr. Coopwood moved to amend the bill by adding the following in the second section after the word bank: 'except the profits of the seat of government fund paid into the treasury,' which was lost.  The bill was then read a second time, and ordered to be engrossed for a third reading.

Mr. Moore of Jack. form the committee on enrolled bills, reported


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that said committee have examined and found correctly enrolled, bills, which originated in this House, of the following titles, to wit: an act for the relief of Theophilus L. Toulmin, tax collector for the county of Mobile for the year 1822; an act better to provide for leasing the 16th section therein named; an act to emancipate certain slaves therein named; 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 the state of Alabama; an act to authorize the raising by lottery a sum of money for purposes therein specified; an act for the relief of Charles A. Henry; an act to amend in part an act entitled an act for the relief of Wm. McDaniel, passed 3d of Jan. 1825; an act for the relief of the securities of John Archer, deceased; an act to divorce Mary Ducksworth from her husband Geo. Ducksworth; an act to establish a ferry and appointed commissioners to lay out a certain road therein named; an act to incorporate the Pikeville library company; an act to compensate Reuben Chapman for certain services therein named; an act reducing the price of the digest of the laws of Alabama; an act to divorce Coleman Allen from his wife Rebecca Allen; an act to authorize Edward Sims and his associates to  pen a turnpike road therein named; and, an act to incorporate the town of Russellville in the state of Alabama.

Engrossed bill from the Senate, entitled an act to establish a road from Elyton to Montevallo, was, on its second reading, referred to a select committee, consisting of Messrs. Brown, Dupuy, and Lawler.

Mr. Perkins presented several accounts of the door-keeper of this house for fuel, stationery, &c; which were severally read, and referred to the committee on accounts.

Mr. Crenshaw obtained leave to introduce a bill to be entitled an act to alter the time of holding the circuit courts in the second and sixth judicial circuits of this state; which was read a first 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 read a second time forthwith.  Mr. McClung moved to amend the caption thereof by adding 'and for other purposes,' which was adopted.  The bill was then referred to the judiciary committee.

Mr. Moore of Jack. from the joint committee appointed to examine and put in nomination two or more sites, one of which may be selected as a site for a state house, &c. further reported, that said committee have agreed upon a plan for a state house, which has been reported to the Senate, and thence communicated to this House; and begged leave to be discharged from the further consideration of that part of the duty assigned them; which was concurred in, & the committee were discharged.

On motion of Mr. Crenshaw, Messrs. Weissinger, Terry and Bridges were added to the judiciary committee.

Mr. Davis of Fr. from the military committee, to whom was referred so much of the Governor's message as relates to military affairs, asked leave to be discharged from the further consideration of the subject; which was not agreed to.

Mr. Davis of Fr. from the military committee, to whom was referred the resolutions relating to the military laws of this state, reported the same without amendment.

Mr. Brown moved to reconsider the vote given on yesterday, by which


240

the words 'and Jefferson' were inserting after the word 'Shelby,' he having voted in the majority on said vote; which was carried.  The question then recurred on inserting the words 'and Jefferson' after the word 'Shelby,' in the last session of the resolution, on the motion made on yesterday; and the same was lost- Yeas 15, nays 36.

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

Mr. Benson

Davis of Fr.

Dennis

Massey

Smith of Hen.

Broadnax

Davis of Ja.

Lawler

Perkins

Terry

Barclay

Dale

Mead

Powell

Weissinger- 15

Those who voted in the negative are

Mr. Speaker

Crenshaw

Exum

Moore of Mad.

Smith of Lau.

Acklen

Coe

Fluker

McVay of Laud

Smith of Mad.

Ambrister

Coopwood

Greening

McVay of Law

Sims

Bridges

Dupuy

Heard

Neill

Williams

Brown Bell

Dubose

Harris

Parham

Walthall

Bradford

Ellis

Johnson

Rhodes

Whitfield-36

Brasher

Edwards

Jones

Raney

 

Mr. Mead moved to amend the resolution by inserting in the second section, before the word 'effects,' the word 'commissioners,' which was carried.  The resolution was then ordered to be read a third time.

A message from the Governor by J. I. Thornton, Esq. secretary of state.  “Jan. 8th, 1827. Mr. Speaker- The Governor did on the 6th inst. approve and sign the following bills, to wit: an act directing in what manner and in what courts suits may be brought against the state of Alabama; an act to incorporate the Tuscaloosa library company; and an act for improving the road leading from Blakely to the upper line of Baldwin county, by the way of Durant's; all of which originated in this House.  And then he withdrew.

Mr. Davis of Fr. from the military committee, to whom was referred the communication of the Governor, bearing date the 4th of Jan. inst. reported a bill to be entitled n act concerning military courts martial; which was read a first time, and the rule requiring bills to be read on three several days being suspended, the same was read a second time forthwith; and on motion of Mr. Davis of Fr. the rule was further suspended, the bill was reconsidered and engrossed, and was 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.

Mr. Moore of Mad. offered the following resolution: Resolved, that the judiciary committee be instructed to inquire into the expediency of amending the criminal laws in this state, so as to define and fix the punishment to be inflicted on accessories after the fact, to persons convicted of manslaughter; which was adopted.

Mr. Mead offered the following resolution: Resolved, with the consent of the Senate, that this House will proceed this day, at 3 o'clock, to the election of a President and Directors of the Bank of the State of Alabama, and also the site for the state capitol; which was adopted.-  Ordered, that the clerk acquaint the Senate therewith.

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

Mr. Speaker- The Senate have passed bills which originated in the House of Representatives, entitled an act to require additional provide to be performed by the judge of the first judiciary circuit in this state; an act to establish a road from Montevallo to Greensborough; an act to incorporate the town of Pikeville; an act to exempt the members of the


241

hook and ladder company in the city of Mobile from militia and patrol duty, and for other purposes; an act providing for the compensation of B. B. Breeden; and, an act amendatory of the laws now in force on the subject of bail in civil cases, and have amended the latter bill by adding thereto an additional section: in which they desire your concurrence. And then he withdrew.

Ordered, that the House concur in the amendment made by the Senate to the bill entitled an act amendatory of the laws now in force on the subject of bail in civil cases, by adding thereto an additional section. Ordered, that the clerk acquaint the Senate therewith.

Mr. Mead moved that the following members be exempted from the operation of the rule requiring them to answer to their names when the roll is called at each meeting, pursuant to a resolution of this House, to wit: Messrs. Mead, Lewis, Smith of Laud. and Rhodes, on account of their necessary attendance on Mr. Bailey, a members of this House, now sick; which was carried.

Mr. Davis of Fr. from the military committee, to whom was referred the report of the quarter-master general, reported, that the military committee on the part of this House, with the military committee on the part of the Senate, in conformity to a joint resolution of both houses, requiring said committee to inquire into and report to each house the state and condition of the public arms of this state, met at the arsenal to perform that duty, ad found the public arms in the situation as reported to this house by the committee.  The quarter master general, in his report of the 30th December, 1826, made subsequent to the report of your committee, states, that “if the persons employed to clean them had not been requested to desist, by the chairman of the military committee, who informed him that they would be distributed,” would have been in good order.  It is true that at then time the arms in the arsenal were examined by your committee, that a gentlemen was engaged in cleaning them, and he received the instructions as stated above; but your committee believe it their duty to report the situation of the arms at the time they were examined by them:  they did not conceive they were authorized to anticipate that at any future period they would be put in good order, and report accordingly.  They consider it the duty of the officer who may have the public arms in charge, at all times to have them in good order.  Which report was read, and laid on the table.

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 read a third time, the blanks filled, and the question then put, shall this bill pass?  it was determined in the negative.

Mr. Acklen moved that the House reconsider the vote given on yesterday on the passage of the engrossed bill entitled an act to alter and extend the limits on Clarke county, and for other purposes, he having voted in the majority in the rejection of said bill, which was carried- Yeas 36, nays 18.

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

Mr. Speaker

Broadnax

Craig

Davis of Ja.

Exum

Acklen

Bell

Coe

Dale

Dennis Greening

Benson

Bradford

Coopwood

Duke

Heard

Bridges

Barclay

Davis of Fr.

Edwards

Johnson

Z


242

McClung

Mead

Parham

Rhodes

Smith of Laud.

Moore of Mad.

Martin

Powell

Roberts

Sims

Moore of Jack.

Pickens

Ross

Smith of Hen.

Terry- 36

Those who voted in the negative are

Mr. Ambrister

Dupuy

Harris

McVay of Law.

Walthall

Brown

Dubose

Jones

Smith of Mad

Whitfield- 18

Brasher

Ellis

Lawler

Williams

 

Crenshaw

Fluker

McVay of Laud

Weissinger

 

The said voted being reconsidered, the question was then put, shall this bill pass? and it was determined in the negative- yeas 24, nays 31.

Mr. Acklen

Craig

Ellis

McVay of Laud

Williams

Ambrister

Coopwood

Fluker

McVay of Law.

Weissinger

Brown

Davis of Jack

Harris

Massey

Walthall

Brasher

Dubose

Jones

Raney

Whitfield-24

Crenshaw

Duke

Lawler

Roberts

 

Those who voted in the negative are

Mr. Speaker

Barclay

Exum

Mead

Ross

Benson

Coe

Greening

Martin

Smith of Hen.

Bridges

Davis of Fr.

Heard

Neill

Smith of Laud.

Broadnax

Dale Dennis

Johnson

Pickens

Smith of Mad.

Bell

Dupuy

McClung

Parham

Sims

Bradford

Edwards

Moore of Mad

Powell

Terry- 31

The engrossed bills to be entitled an act to legitimate Thomas Maxwell, Jr.; and an act to authorize the administrator and administratrix of George Hardwick to sell a certificate for one quarter section of land, 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 prohibit the importation of slaves into this state for the sale or hire, was read a third time.  Mr. Craig moved to lay the same on the table till the first day of July; which was lost- Yeas 19, nays 39.

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

Mr. Speaker

Edwards

Johnson

Perkins

Smith of Hen.

Craig

Exum

Lawler

Parham

Smith of Laud.

Dale

Greening

Lewis

Ross

Williams-19

Duke

Heard

McVay of Law.

Roberts

 

Those who voted in the negative, are

Mr. Acklen

Brasher

Ellis

Mead

Smith of Mad.

Ambrister

Barclay

Fluker

Martin

Sims

Benson

Coe

Harris

Massey

Terry

Bridges

Coopwood

Jones

Neill

Weissinger

Brown

Davis of Fr.

McClung

Pickens

Walthall

Broadnax

Davis of Jack

.Moore of Mad.

Powell

Whitfield-39

Bell

Dennis

Moore of Jack.

Rhodes

Bradford

Dupuy

McVay of Laud.

Raney

Mr. Moore of Mad. moved to amend the bill by way of engrossed rider, by inserting after the words 'among us,' the following: 'from hiring put out said slaves for a term not exceeding one year,' in the second section of the bill; which was adopted.  The blank were then filled, and the bill was passed.  Ordered, that the title thereof be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Mr. Moore of Jack from the committee on enrolled bills, reported as correctly enrolled, bills which originated in this House of the following


243

titles, to wit: an act to incorporate the Alabama and Tennessee canal company; and an act appointing a mode in which the site for the state capitol shall be selected.

Engrossed bills from the Senate of the following titles, to wit: an act to authorize Abraham Smith and his associates to erect a mill on Coosa river; and an act to incorporate the Mobile marine railway and insurance company; an act authorizing the transfer of certain lands therein mentioned; an act supplementary to the several acts therefore 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, to intersect the old Huntsville road at or near Elyton in Jefferson county, were severally read a third time and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, entitled an act concerning the owners and keepers of mills and other water works, was read a second time, and Mr. McClung moved to lay the bill on the table till the first day of June next; which was carried.

A bill to be entitled an act making appropriations for certain claims against the state, was taken up.  Mr. Ross moved to amend the bill by adding thereto two additional sections, which was carried.  The bill was then read as amended, and ordered to be engrossed for a third reading.

A message from the Governor by James I. Thornton, secretary of state.  Mr. Speaker- I am instructed by the Governor to inform you that he did on the 9th inst. approve and sign, an act appointing a mode in which a site for the state capitol shall be selected, which originated in this House. And then he withdrew.

Engrossed bill from the Senate, entitled an act providing a fund for the payment of petit jurors- Mr. Moore of Mad. moved to lay the bill on the table till the first day of June next, which was carried.

Mr. Williams, who voted in the majority, moved to reconsider a vote given this morning on the third reading of the bill entitled an act to authorize Martha Brandon, administratrix of Josiah K. Brandon, deceased, to sell and convey certain town lots in Tuscaloosa; which was carried.  The bill was then read a third time, and the question being put, shall this bill pass? it was determined in the affirmative- yeas 26, nays 21.

The yeas and nays being desired, those who voted in the affirmative are Mr. Speaker, Broadnax, Bell, Craig, Davis of Fr. Dennis, Duke, Ellis, Edwards, Exum, Fluker, Heard, Harris, Johnson, Jones, McVay of Laud. McVay of Law. Martin, Massey, Perkins, Ross, Raney, Smith of Hen. Sims, Williams, Weissinger- 26.

Those who voted in the negative are,

Mr. Acklen, Ambrister, Benson, Brown, Bradford, Brasher, Barclay, Coe, Coopwood, Davis of Jack. Greening, Lewis, McClung, Moore of Mad. Moore of Jack. Mead, Neill, Powell, Terry, Walthall, Whitfield- 21.

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

Engrossed bill from the Senate, entitled an act to provide for the support and better regulation of common schools, was read a first time, and ordered to be read a second time.

Engrossed bill from the Senate, entitled an act to emancipate certain slaves therein named, was read a second time, and ordered to be read a third time.


244

Engrossed resolutions from the Senate, instructing our Senators and requesting our Representatives in Congress to use their endeavors to procure an extension of the national judiciary system to the western and south-western states of the union, was a second time; and the rule requiring bill to be read on three several days being dispensed with, It was read a third time forthwith, and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill entitled an act to establish certain election precincts therein named, was read a third time, and amended by sundry additional sections by way of engrossed riders.  The bill was then passed.- Ordered, that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Mr. Moore of Jack from the committee on enrolled bills, reported, that they had examined and found correctly enrolled, bills which originated in this House, of the following titles, to wit: an act making appropriations for the year 1827; and, an act to amend an act, to establish the Bank of the State of Alabama, approved Dec. 20th, 1823.

And then the House adjourned till this evening at 3 o'clock.

Evening session, 9th Jan. 1827, 3 o'clock.

The House met pursuant to adjournment.

Engrossed bills from the Senate of the following titles, to wit: an at to establish the permanent seat of justice in Walker county; and 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 third time and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bills of the following titles, to wit: an act supplementary to the several acts now in force, first passed 31st December, 1822, and the second 24th December, 1824; an act concerning the 16th section herein mentioned; and, an engrossed memorial to the Congress of the United States, asking permission for the trustees of the university of the state of Alabama to select other lands in lieu of those herein described, were severally read a third time and passed. Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Engrossed resolution from the Senate, instructing our Senators and Representatives in Congress on the subject of authorizing the sale of the sections numbered sixteen, reserved for the use of schools in this state, was read a second time.  Mr. Rhodes moved that the same lie on the table till the first day of March next; which was lost- yeas 21, nays 32.

The yeas and nays being desired, those who voted in the affirmative are Mr. Acklen, Ambrister, Brown, Bell, Bradford, Craig, Coe, Davis of Jack. Dupuy, Exum, McClung, Moore of Mad. McVay of Law. Mead, Powell, Rhodes, Smith of Lau. Smith of Mad. Sims, Williams-21.

Those who voted in the negative are

Mr. Speaker, Benson, Bridges, Broadnax, Brasher, Barclay, Crenshaw, Coopwood, Davis of Fr. Dennis, Duke, Ellis, Edwards, Fluker, Harris, Johnson, Jones, Lawler, Moore of Jack. McVay of Laud. Massey, Neill, Perkins, Pickens, Ross, Raney, Roberts, Smith of H. Terry, Weissinger, Walthall, Whitfield- 32.

The said resolution was then ordered to be read a third time.

Engrossed bill from the Senate, entitled an act more effectually to prevent breaches of the peace, was on its second reading referred to the judiciary committee.


245

Engrossed joint resolution from the Senate, instructing our Senators and Representatives in Congress on the subject of exchanging certain lands reserved for the use of schools in this state.  Mr. Neill moved that the further consideration thereof be postponed till the 4th of July next, which was carried- Yeas 28, nays 27.

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

Mr. Acklen, Ambrister, Bridges, Brown, Bell, Bradford, Coe, Davis of Frank. Davis of Ja. Dennis, Dupuy, Edmondson, Exum, Fluker, Heard, Moore of Ja. McVay of laud. McVay of Law. Mead, Massey, Neill, Pickens, Raney, Smith of Hen. Sims, Terry, Williams, Whitfield- 28.

Those who voted in the negative are- Mr. Speaker, Benson, Broadnax, Brasher, Barclay, Crenshaw, Craig, Coopwood, Dale, Duke, Ellis, Edwards, Greening, Harris, Johnson, James, Lawler, Lewis, McClung, Moore of Mad. Perkins, Ross, Roberts, Smith of Lau. Smith of Mad. Weissinger, Walthall- 27.

A bill to be entitled an act to aid in the improvement of the port and harbor of Mobile, was read a second time.  Mr. Coopwood moved to lay the same on the table till the first day of March next; which was lost- Yeas 25, nays 31.

The yeas and nays being desired, those who voted in the affirmative are Mr. Acklen, Ambrister, Brown, Bell, Bradford, Brasher, Craig, Coe, Coopwood, Davis of Frank. Dupuy, Duke, Heard, Moore of Jack. McVay of Laud. McVay of Law. Mead, Massey, Pickens, Powell, Smith of Laud. Smith of Mad. Williams, Walthall- 25.

Those who voted in the negative are,

Mr. Speaker, Benson, Bridges, Broadnax, Barclay, Crenshaw, Dale, Dennis, Edmondson, Ellis, Edwards, Exum, Fluker, Greening, Harris, Johnson, Jones, Lawler, Lewis, McClung, Moore of Jack. Neill, Perkins, Ross, Raney, Roberts, Smith of Hen. Sims, Terry, Weissinger, Whitfield- 31.

Mr. Ross then moved that the bill be laid on the table till tomorrow, which was carried.

The engrossed bill to be entitled an act to authorize Joseph Burleson and his associates to turnpike a road therein specified, was read a third time.  Mr. Smith of Laud, offered an amendment to the bill by way of engrossed rider, to insert after the words 'Byler's road,' in the 6th section of the act, the following: 'that the proprietors of Byler's road be authorized to establish a toll gate south of where the said road may intersect the same, and charge toll as is now authorized by law;' which was adopted.  Mr. McVay of Laud. then offered a proviso to be added at the end of the bill by way of engrossed rider, as follows: 'provided, that nothing in this act shall be so construed as to authorize said Burleson and his associates to keep more than one turnpike gate on each road, or in any way interfere with Byler's road;' which was adopted.  The bill as amended was then passed.  Ordered, that the title thereof be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

The engrossed bill to be entitled an act to authorize the inhabitants of township thirteen, in range seven, in Wilcox county, to sell a sixteenth section, was read a third time, and the question being put, shall this bill pass? it was determined in the negative.

The engrossed bill to be entitled an act to provide for the support of paupers, was read a third time.  Mr. McVay of laud. offered the following amendment to the bill by way of engrossed rider, at the end of the bill: 'provided, that nothing in this act shall be so construed as to


246

relate to Lauderdale or Lawrence counties;' which was rejected. The question was then put, shall this bill pass? and it was determined in the affirmative- Yeas 39, nays 17.

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

Mr. Speaker, Acklen, Ambrister, Broadnax, Bell, Bradford, Brasher, Coe, Dale, Dennis, Duke, Edmondson, Ellis, Edwards, Exum, Fluker, Greening, Heard, Harris, Johnson, Jones, Lawler, McClung, Moore of Mad. Moore of Ja. Mead, Massey, Neill, Perkins, Pickens, Powell, Ross, Raney, Smith of Hen. Smith of Mad. Sims, Terry, Williams, Walthall- 39.

Those who voted in the negative are- Mr. Benson, Bridges, Brown, Barclay, Crenshaw, Craig, Coopwood, Davis of Fr. Davis of Ja. Dupuy, Lewis, McVay of Laud. McVay of Law. Roberts, Smith of Laud. Weissinger, Whitfield- 17.

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

The engrossed bill to be entitled an act to compel solicitors to reside in their respective circuits- Mr. Bridges moved to lay the same on the table, which was carried.

The engrossed bill from the Senate, to be entitled an act to incorporate the muscle shoals canal company, was read a third time, and laid on the table till tomorrow.

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