Saturday, 25th November, 1826.

The House met pursuant to adjournment.

Mr. Greening presented the petition of Thomas Loyd, praying the passage of a law to emancipate certain slaves therein named; which was read and referred to a select committee, consisting of Messrs. Greening, Perry and Edwards.

Mr. Parham presented the petition of Benjamin F. Perry, praying the passage of a law to emancipate a certain slave therein named;  which was read and referred to a select committee, consisting of Messrs. Parham, Smith of Laud. and Craig.

Mr. Coopwood presented the petition of sundry militia officers of Lawrence county, praying the passage of a law to incorporate a Troop of Calvary; which was read, and referred to the military committee.

Mr. Heard presented the petition of sundry inhabitants of Morgan county, praying the passage of a law, extending the time when executions should be made returnable; which was read, and referred to the judiciary committee.

Mr. Montgomery presented the petition of Batista Serra and Geanty Meagat, together with a petition from sundry citizens of the city of Mobile, praying the passage of a law to license the said Batista Serra and


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Geanty Meagat to keep billiard tables for play without wager; which was read, and referred to the committee on ways and means.

Mr. Acklen presented the petition of William Blake, praying the passage of a law to emancipate a certain slave therein named: which was read, and referred to a select committee, consisting of Messrs. Acklen, Moore of Mad and McClung.

Mr. Greening presented the account of John Gillies, jailor of Conecuh county, which was read, and referred to the committee on accounts. Mr. McVay of Laud. presented the petition of sundry members of the bar in the fourth judicial circuit,  praying the passage of a law to alter the times of holding the county courts in said circuit;  which was read and referred to the judiciary committee.

On motion of Mr. McVay of Laud. Resolved, That the judiciary committee be instructed to inquire into the expediency of passing a law making it the duty of Justices of the Peace, with a jury, to try cases of assault and battery, also cases of petit larceny, with leave to report by bill or otherwise.

Mr. Coleman offered the following resolution: Resolved, That the committee on ways and means be instructed to inquire into the expediency of reducing the compensation of members of the General Assembly and their officers, with leave to report by bill or otherwise; which was lost- yeas 29- nays 31.

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

Mr. Speaker

Coe

Edmondson

McVay of Laud

Raney

Brown

Coopwood

Ellis

McVay of Law.

Smith of Laud

Broadnax

Coleman

Exum

Martin

Williams

Crenshaw

Dupuy

McClung

Powell

Whitfield- 29

Craig

Duke

Moore of Mad.

Rhodes

 

Those who voted in the negative are-

Mr. Acklen

Davis of Jack

Heard

Moore of Jack.

Parham

Benson

Dade  Dennis

Harris

Mead

Ross

Bridges

Dubose

Jones

Neill

Smith of Laud

Bailey

Edwards

Lawler

Perkins

Sims

Bradford

Fluker

Lewis

Pickens

Terry

Barclay

Greening

Montgomery

Perry

Weissinger- 31.

A message from the Senate by Mr. Lyon their secretary. Mr. Speaker, the Senate concur in the resolution of your honorable body, proposing to go into the election of a State Printer, and have amended the same by striking out the words “tomorrow at 3 o'clock P. M.” and inserting in lieu thereof the words “to-day at 3 o'clock P.M.” and also by adding thereto the words "and also a Solicitor for the First Judicial Circuit" after the words "State Printer:" In which amendment they respectfully desire your concurrence. And then he withdrew. In which resolution the House concurred.

On motion of Mr. Terry,  Resolved, That the judiciary committee be instructed to inquire into the expediency of passing a law giving to the county or circuit courts the power to authorize the emancipation of slaves.

Mr. Greening offered the following resolution: Resolved, That the judiciary committee be instructed to draft and report a bill to abolish the present county courts system, and to vest the powers now exercised


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by said court, in relation to orphans' business, in courts of ordinary; which was laid on the table.

On motion of Mr. Rhodes, Resolved, That the committee on inland navigation be instructed to inquire into the expediency of establishing by law a Board of Public Works, for the purpose of appropriating such a fund as will be sufficient to meet the contemplated objects of this resolution, with leave to report by bill or otherwise.

Mr. Acklen obtained leave to introduce a bill to be entitled an act regulating appeals from justices of the peace; which was read a first time and ordered to be read a second time.

Mr. Mead from the committee on county boundaries, to which was referred the petition of sundry citizens of Pike county, praying to be annexed to the county of Butler, reported that the prayer of the petitioners ought not to be granted. In  which report the House concurred.

Mr. Williams, from the committee of the whole House, to which was referred the Governor's message, together with the accompanying documents, reported the following resolutions: In all of which the House concurred.

Resolved, That so much of the Governor's message as relates to the improvement of the judiciary system, be referred to the judiciary committee.

Resolved, That so much of the Governor's message as relates to education, the establishment of primary schools, and the location of the university, be referred to the committee on schools, colleges and universities and school and university lands.

Resolved, That so much of the Governor's message as relates to military affairs, be referred to the military committee.

Resolved, That so much of the Governor's message as relates to internal improvement, be referred to the committee on inland navigation.

Resolved, That so much of the Governor's message as relates to the corporation of the St. Stephens' Steam Boat Company, be referred to the judiciary committee.

Resolved, That so much of the Governor's message as relates to the establishment of an Office or Branch of the United States Bank in this state, at Mobile, with the accompanying documents be referred to a select committee. Whereupon Messrs. Benson, Ross and Bridges were appointed said committee.

Resolved, That so much of the Governor's message as relates to the dividing line between this state and the state of Georgia, be referred to a select committee. Whereupon Messrs Terry, Greening and Broadnax were appointed said committee.

Resolved, That so much of the Governor's message as relates to the unsettled accounts between this state and the state of Mississippi, be referred to a select committee. Whereupon Messrs. McVay of Laud. Sims and Williams were appointed said committee.

Resolved, That so much of the Governor's message as relates to the Salt Springs, be referred to a select committee. Whereupon Messrs. Fluker, Raney, Walthall and Edwards were appointed said committee.

Resolved, That so much of the Governors' message as relates to annexing a portion of West Florida to this state, with the accompanying documents be referred to a select committee. Whereupon Messrs.


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Moore of Mad. Greening, Acklen, Crenshaw and Weissinger were appointed said committee.

Resolved, That so much of the Governor's message as relates to the Creek Treaty be referred to a select committee. Whereupon Messrs. Lewis, Benson, Bailey, McClung, Moore of Mad. Pickens and Craig were appointed said committee.

Resolved, That so much of the Governor's message as relates to the decease of the Ex-Presidents of the United States, Thomas Jefferson and John Adams, be referred to a select committee. Whereupon Messrs. Greening, Moore of Jack. Smith of Laud. Duke, Ellis and Rhodes were appointed said committee.

Resolved, That so much of the Governor's message as relates to the improvement of agriculture and the institution of agricultural societies in this state, be referred to a select committee. Whereupon Messrs. Bridges, Johnson Lawler and Massey were appointed said committee.

Resolved, That so much of the Governor's message as relates to the public lands, be referred to a select committee. Whereupon Messrs. Davis of Fr. McVay of Law. Duke and Whitfield were appointed said  committee.

Mr. Speaker laid before the House the Report of the President and Directors of the Bank of the State of Alabama; which was read, and laid on the table.

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

Mr. Speaker: the Senate have adopted the following resolution, in which they desire your concurrence: Resolved That with the concurrence of the House of Representatives, the Senate will assemble in the Representative Hall at 3 o'clock on Monday next, to elect a Senator to the Congress of the United States, a Secretary of State, Comptroller and Treasurer, and a Commissioner for classing the University lands in the second judicial circuit, and Judges of the County Courts. And then he withdrew.

Mr. Davis of Fr. moved to amend the same by striking out the words “on Monday next,” and insert, in lieu thereof, the words “this day at the hour of 3 o'clock P. M.” and by striking out the words Comptroller and Treasurer. Ordered, that the House concur in the resolution as amended.

On motion of Mr. Greening, Resolved, That this House will proceed, on Monday next, at twelve o'clock, to appoint a committee to act with such committee as may be appointed on the part of the Senate, to examine into the situation & condition of the Bank of the State of Alabama.

On motion of Mr. Davis of Fr. Resolved, That the judiciary committee be instructed to inquire into the expediency of permitting defendants in all cases to plead a partial failure of consideration.

Mr. Moore of Jack. offered the following resolution: Resolved,  that the judiciary committee be instructed to inquire into the expediency of repealing so much of an act, of the last session of the legislature, as requires that each Judge of the Circuit Court shall preside successively in every Circuit in this state; which was lost.

Mr. Terry obtained leave to introduce a bill, to be entitled an act concerning appeals from the county to the circuit courts and for other purposes; which was read a first time, and ordered to be read a second time.


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On motion of Mr. Coopwood, Resolved, that the committee on roads bridges and ferries be instructed to inquire into the expediency of revising and amending the laws of this state in relation to roads, bridges, highways and ferries.

A message from the Governor by James I. Thornton, Secretary of State, which he handed in at the Speaker's chair: and then he withdrew.

The said message is as follows:

EXECUTIVE DEPARTMENT, Nov. 24, 1826.

The Honorable the Speaker and members of the House of Representatives:

Gentlemen - I have now the honor to transmit to both Houses of the General Assembly a copy of the Digest of the militia and patrol laws, accompanied by the report of the Digester. It is hoped that the natural and lucid arrangement of the several parts will place in a clear view the merits and defects of the present system. I have also the honor to inform you that Dr. Billingslea has resigned his office as a member of the Board of Trustees of the University of Alabama.

I have the honor to be, most respectfully,  your ob't serv't,

(Signed)                JOHN MURPHY.

Ordered, that so much of said message as relates to military affairs be referred to the military committee; and that so much thereof as relates to the resignation of Dr. Billingslea as Trustee of the University of Alabama, be laid on the table.

Mr. Coe obtained leave to introduce a bill to be entitled an act to alter the time of holding the county courts of Lawrence and Limestone counties; which was read a first time, and ordered to be read a second time.

The House then proceeded to the orders of the day.

A bill to be entitled an act to incorporate the Trustees of Greenville Academy, in Butler county, was read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act to incorporate the town of Decatur, in Morgan county, was read a second time, and ordered to be engrossed for a third reading.

On motion of Mr. Perry, Resolved, That the judiciary committee be instructed to inquire whether it be not expedient so to alter the existing law as to make good the service of writs and warrants, by leaving copies thereof at the residence of defendants, in certain cases.

On motion of Mr. Craig, Resolved, That the committee on the judiciary be instructed to inquire into the expediency of appointing some fit person or persons to examine the digested laws of this state, and to expunge such laws, or parts of laws, if any,  which have been repealed and to retain such only as are necessary for the full purposes of justice; and to have them properly classed and consolidated; as also to make such notes and references to those which may be ambiguous or doubtful as they may think proper, and report to this House.

A bill to be entitled an act more effectually to secure the compensation allowed by law to jurors therein mentioned, was referred to a select committee, consisting of Messrs. McVay of Law. Perkins and Coopwood.

A bill to be entitled an act authorizing Sarah Bowie, administrator of John Bowie, deceased, to sell and transfer certain real estate, was referred to the judiciary committee.

A bill to be entitled an act to declare certain parts of the Choctaw-

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hatchee and Pea rivers public highways, was referred to a select committee, consisting of Messrs. Exum, Dennis and Smith of Henry.

Mr. Moore of Jack. obtained leave to introduce a bill to be entitled an act to compel the attendance of witnesses from court to court; which was read a first time, and ordered to be read a second time.

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

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

A message was received from the Governor, by James I. Thornton, Secretary of State, which is as follows:

EXECUTIVE DEPARTMENT, Nov. 26, 1826.

The Hon. the Speaker and members of the House of Representatives:

Gentlemen- In the list of executive appointments of Judges of the County Courts during the recess of the General Assembly, the appointment of William Ragsdale, vice D. F. Roysden resigned, was by mistake omitted.

I have the honor to be, most respectfully, your ob't serv't,

(Signed)                        JOHN MURPHY

And then he withdrew. Ordered, That said message lie on the table On motion of Mr. McVay of Law. Resolved, That the judiciary committee be instructed to inquire into the propriety and expediency of associating by law the Justices of the Peace with the Judge of the County Court in each county of this state, to discharge the duties of the courts of roads and revenue; and of repealing the law requiring commissioners of roads and revenue being elected every year; with leave to report by bill or otherwise.

On motion of Mr. Johnson, Resolved That the judiciary committee be instructed to inquire into the expediency of passing a law requiring that defendants shall have ten days notice in all suits commenced against them before justices of the peace.

Mr. Moore of Jack. obtained leave to introduce a joint resolution authorizing the vote of Mr. Armbrister to be taken at his room in the approaching election for Senator: 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 ordered to be engrossed for a third reading today.

Engrossed joint resolution authorizing the vote of Mr. Armbrister to be taken at his room in the approaching election for Senator, was read a third time, and the question being put, shall this resolution pass? It was determined in the affirmative.   Ordered, that the title be as aforesaid.   Ordered, That the same be sent to the Senate for their concurrence.

Mr. Bridges offered the following resolution: Resolved, That the Senate now be invited to assemble in the Representative Hall, for the purpose of going into the several elections contemplated by a resolution of the two Houses; which was laid on the table.

On motion of Mr. Ross, Resolved, That the judiciary committee be instructed to inquire into the expediency of repealing the second and third sections of an act entitled an act to amend the law now in force in relation to the duties of the county treasurers of this state, passed the 14th January, 1826.

On motion of Mr. Lawler, Resolved, That the judiciary committee be instructed to inquire into the expediency of altering the time of holding


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the circuit courts in the third judicial circuit, so that they may not be holden in the counties of Shelby and Bibb at the same time.

On motion of Mr. Broadnax,  Resolved, That the judiciary committee be instructed to inquire into the expediency of passing a law to compel sheriffs in each and every county in this state, to advertise in some public newspaper in this state all lands and negroes levied on by them for sale; with leave to report by bill or otherwise.

And then the House adjourned till Monday morning 10 o'clock.