Wednesday, 29th November, 1826

The House met pursuant to adjournment.

Mr. Edmondson,  from the committee on roads, bridges and ferries, to which was referred the petition of sundry inhabitants of Wilcox county, praying the establishment of a road through said county, reported the prayer of the petitioners unreasonable, and ought not to be granted.- In which report the House concurred.

On motion of Mr. Mead, Resolved That the committee on roads bridges and ferries be instructed to inquire into the expediency of so amending the road law as to exempt millers from working on roads.

Mr. Ross, from the select committee to which was referred the petition of Bazile Chasting of the county of Mobile, praying for the emancipation of certain slaves therein named, report a bill to be entitled an act to emancipate certain slaves therein named; which was read a first time and ordered to be read a second time.

On motion of Mr. Davis of Fr. Resolved, That the military committee be instructed to inquire into the expediency of distributing the arms now in the arsenal of this state, to the different volunteer corps of militia.


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A bill to be entitled an act to repeal in part an act entitled an act authorizing William Blake to emancipate a negro man slave named Jacob passed Dec. 31st, 1823, was read a second time and ordered to be engrossed for a third reading.

On motion of Mr. McVay of Laud. Resolved, That the judiciary committee be instructed to inquire into the expediency of repealing so much of the 33d section of an act entitled an act concerning wills and the duty of executors, administrators and guardians as prohibits any suit or action being commenced or sustained against them, after the estate of the testator or intestate be represented insolvent, with leave to report by bill or otherwise.

A bill to be entitled an act to change the names and render legitimate Polly Stean and Julius Caesar Stean was read a second time and ordered to be engrossed for a third reading.

A bill to be entitled an act to provide for taking the census of this State, was read a second time and ordered to be engrossed for a third reading.

Engrossed bills of the following titles,  to wit: an act for the relief of Zephaniah Hicks; an act to declare certain parts of the Choctawhatchee and Pea rivers public highways; 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 bill to be entitled an act to repeal in part, and amend an act to fix the salary of the President of the Bank of the State of Alabama, and for other purposes, passed January 14th, 1826, was laid on the table.

Mr. Greening, from the judiciary committee to which was referred a bill to be entitled an act to amend an act entitled an act concerning wills and testaments, and settlement of intestate estates, and the duty of executors, administrators and guardians, reported the same without amendment. The said bill was read a second time, and ordered to be engrossed for a third reading.

Mr. Powell obtained leave to introduce a bill to be entitled an act explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31st, 1822;  which was read a first time, and ordered to be read a second time.

Mr. Greening from the judiciary committee, to whom was referred a resolution instructing them to inquire into the expediency of appointing some fit person or persons to examine the digested laws of this state, and report thereon, reported that it is inexpedient to legislate on this subject. In which report the House concurred.

Mr. Greening,  from the judiciary committee, to which was referred the petition of sundry inhabitants of Henry county, praying the passage of a law legalizing the official acts of Timothy Pitman, late sheriff of said county, reported that the prayer of the petitioners cannot be granted without violating the principles of the constitution. In which report the House concurred.

Mr. Greening, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of repealing the 2d and 3d sections of an act entitled an act to amend the laws now in force in relation to the duties of the County Treasurers of this state,


41

reported that it is inexpedient to repeal the sections in said act referred to in the resolution. In which report the House concurred.

Mr. Greening, from the judiciary committee, to which was referred a resolution instructing them to inquire into the expediency of passing a law to subject prosecuting officers in behalf of the state, to the payment of costs in certain cases, reported that it is inexpedient to legislate on the subject. In which report the House concurred.

Mr. Greening, from the judiciary committee, to which was referred two petitions, praying the passage of certain relief laws, reported that it is inexpedient to grant the prayer of the petitioners.

Mr. Coopwood moved that said report lie on the table; which was lost. The said report was then concurred in.

The judiciary committee to which was referred a resolution instructing them to inquire into the expediency of authorizing justices of the peace, with the aid of jurors, to try cases of assault and battery, and of petit larceny, reported that it is inexpedient to extend the jurisdiction of justices of the peace.

Mr. McVay of Laud. moved that the House disagree with the report of the committee; which was lost. Mr. Williams moved that said report lie on the table; which was agreed to.

Mr. Greening, from the judiciary committee, to which was referred a bill to be entitled an act to compel the attendance of witnesses from court to court, reported the same without amendment. Said bill was then read a second time and the question being put, shall this bill be engrossed and read a third time? it was determined in the negative.

Mr. Benson, from the select committee to which was referred a preamble and resolution denying to Andrew Wills a seat within the bar of this House as one of its reporters, reported that Mr. Wills appeared before the committee, on an invitation from the committee and desired permission to introduce evidence to prove the truth of the charges made by him against Mr. Moore of Mad. a member of the House, which testimony the committee determined was inadmissible. The statement of facts made by Mr. Moore and heretofore annexed, was read to Mr. Wills,  and he admitted before the committee that he was unable to disprove the facts therein stated.

The committee therefore report the statement of facts made by Mr. Moore as presenting a history of the case, and ask leave to be discharged from the further consideration of the subject; which was granted.

The following is a copy of the statement made by Mr. Moore of Mad. to the committee as referred to by the committee:

"Being called on by the select committee to state what has transpired between myself and Mr. Wills on Monday last, I beg leave to say that it is only in obedience to the commands of the House I make the statement.

"Some short time after the election of a Senator to the Congress of the United States while standing in the porch at my boarding house, Mr. Wills, the editor of the Democrat, printed in the town of Huntsville, approached me in an angry manner, and accosted me in substance as follows:-- 'The election is now over and we have beat you, and I expect you and me will have to fight about this business, as I shall denounce you in the Democrat, and shall show by affidavits, which I will obtain before I leave this place, the maneuvering of a faction to put in

E


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power a man over the lands of the people; and you have attached yourself to that obnoxious party; for it was a party question, and I attend to make it a party question. I now give you fair notice that I shall put you down. I can and will do it, and would have done it before the last election if it had not been for some of my friends. You are understood here to belong to the Huntsville Bank Junto; and I will see to it and put you flat at home, and I give you notice of my intention. I am willing to fight in any way, and may be killed, as I will take it with knives, pistols or fisticuffs and shall proclaim my opinions in the public streets and hold myself responsible for what I say; and if you take any exceptions at what I have said, I will give you any satisfaction you want. My reply as nearly as I can recollect, was in substance as follows: That in the performance of all public duties, and in voting in elections, I held myself responsible only to my constituents, to whose decisions I should cheerfully submit, as I have given a conscientious vote, free from excitement or party feelings- That this wanton and unprovoked insult offered to my feelings and character, would require some reflection to determine what I ought to do, in a matter so delicate and unpleasant; reminding him that he well knew the relation in which I was placed, to the church, to him, and to the House of which I was a member.

(Signed)                            DAVID MOORE

Mr. McClung moved to strike out of the preamble the words “arraigned for the,” and insert in lieu thereof the words “questioned as to,” which was carried.

Mr. McVay of Laud. called for a division of the question- and the vote was first taken on striking out the preamble of the resolution; which was lost- Yeas 3, nays 55.

The yeas and nays being desired- those who voted in the affirmative are Messrs. Craig, Coopwood            McVay of Laud.- 3.

Those who voted in the negative are

Mr. Speaker

Coe

Edwards

Montgomery

Powell

Acklen

Coleman

Exum

Moore of Jack.

Ross

Benson

Davis of Fr.

Fluker

McVay of Law.

Rhodes

Bailey

Davis of Ja.

Greening

Mead

Smith of Hen.

Bridges

Dale

Heard

Martin

Smith of Laud.

Brown

Dennis

Harris

Massey

Sims

Broadnax

Dupuy

Johnson

Neill

Terry

Bell

Dubose

Jones

Perkins

Williams

Bradford

Duke

Lawler

Pickens

Weissinger

Barclay

Edmondson

Lewis

Parham

Walthall

Crenshaw

Ellis

McClung

Terry

Whitfield- 55

And the question being put, shall this preamble and resolution be adopted? it was determined in the affirmative- Yeas 33, nays 25.

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

Mr. Speaker

Davis of Ja.

Harris

Neill

Sims

Bailey

Dale

Jones

Perkins

Terry

Broadnax

Edmondson

Lawler

Perry

Walthall

Bell

Edwards

Lewis

Powell

Williams

Barclay

Exum

McClung

Ross

Whitfield- 38

Crenshaw

Fluker

Montgomery

Rhodes

 

Coe

Heard

Mead

Smith of Lau.

 

Those who voted in the negative are


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Mr. Acklen

Craig

Dupuy

Johnson

Massey

Benson

Coleman

Dubose

Moore of Jack.

Pickens

Bridges

Coopwood

Duke

McVay of Laud.

Parham

Brown

Davis of Fr.

Ellis

McVay of Law.

Smith of Hen.

Bradford

Dennis

Greening

Martin

Weissinger-25

Mr. Moore of Mad. offered the following preamble and resolution:

Whereas Mr. Wills proposed to introduce evidence before the committee to establish the truth of the charges made against David Moore, which was refused by said committee: Therefore, Resolved That a committee be appointed to inquire fully into the charges made against David Moore by Mr. Wills, and report the same to this House.

Mr. Coopwood moved to lay the preamble and resolution on the table; which was lost. The preamble and resolution was then adopted.

Whereupon Messrs. Benson, Lewis,  McClung, Greening, Moore of Jac. and Crenshaw, were appointed a committee on said preamble and resolution.

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

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

Mr. Pickens obtained leave to introduce a bill to be entitled an act to alter the state road from Selma to Cahawba, by way of the new bridge on Valley creek; which was read a first time, and ordered to be read a second time.

On motion of Mr. Coleman, Resolved That the Secretary of State lay before this House the bonds and obligations executed by the citizens and owners of property in the town of Tuscaloosa, to secure the titles to lots and lands in the corporate limits of Tuscaloosa; and also the title deeds if any, to the property intended to be conveyed as a donation to the State of Alabama.

A message from the Senate by Mr. Crabb: Mr. Speaker: The Senate concur in the amendment made by your honorable body to their resolution proposing to go into the election of a Secretary of State today at the hour of 3 o'clock P. M. by adding the words “Treasurer and Comptroller.” They have read three times and passed, a bill which originated in their House, entitled an act to provide for an extra term of the circuit court of Mobile and Baldwin counties. In which they desire your concurrence.

Engrossed bill from the Senate entitled an act to provide for an extra term of the circuit court in Mobile and Baldwin counties, was read a first time, and ordered to be read a second time.

On motion of Mr. Davis of Fr. Resolved,  That the committee on schools, colleges and universities, and school and university lands, be instructed to inquire into the expediency of locating the University of the State of Alabama, and report by bill or otherwise.

Mr. Bridges obtained leave to introduce a bill to be entitled an act to establish a certain road therein designated,  which was read a first time and ordered to be read a second time.

On motion of Mr. Crenshaw, Resolved, That the Comptroller be required to furnish this House, with a view of the amount of taxes arising from each article of taxation in the respective counties of this state.

A message from the Governor by James I. Thornton, Secretary of State --  And then he withdrew. Said message is as follows:


44

EXECUTIVE DEPARTMENT, Nov. 29, 1826.

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

Gentlemen- I have the honor to lay before you Resolutions of the State of Louisiana, approving a Resolution of the State of Georgia, respecting the importation of ingress of people of colour into any of the States contrary to their laws; and disapproving the resolution of the state of Ohio, proposing a plan for the gradual emancipation of slaves; Resolutions of the state of Vermont, disapproving of the said resolution of the state of Georgia,  and signifying the disposition of that state to accord in any consistent plan for the abolition of slavery; Resolutions of the states of Indiana and Maine, disapproving of the resolution of the state of Tennessee in relation to the election of President and Vice President; and the Report and Resolution of the state of Mississippi on the Resolutions of the States of Delaware, Connecticut, Illinois, Indiana, Ohio and New Jersey in relation to the emancipation of slaves.

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

(Signed)                 JOHN MURPHY.

Ordered, that said message, with the accompanying documents, be laid on the table.

On motion of Mr. Williams, Resolved That the judiciary committee be instructed to inquire into the expediency of amending the usury law so that whenever a greater interest may be taken or demanded for money loaned, that the principal sum may be recovered, with leave to report by bill or otherwise.

On motion of Mr. McVay of Laud. Resolved, That the Senate be informed that this House is now ready to go into the election for a Secretary of State, Comptroller and Treasurer and that the east end of the Hall be set apart for their reception.

The Senate having repaired to the Hall of the House of Representatives, both Houses proceeded to the election of a Secretary of State.-- James I. Thornton along being in nomination - For James I. Thornton 77 votes.

Those who voted for Mr. Thornton are

Mr. President

Miller

Crenshaw

Fluker

Massey

Abercrombie

Powell

Coe

Greening

Perkins

Ashe

Skinner

Craig

Heard

Pickens

Bagby

Sullivan

Coopwood

Harris

Parham

Barton

Vanhoose

Coleman

Johnson

Perry

Brown

of the sen. 20

Davis of Fr.

Jones

Powell

Casey

Mr. Speaker

Davis of Jack.

Lawler

Ross Rhodes

Clay

Acklen

Dale Dennis

Lewis

Smith of Henry

Crabb

Benson

Dupuy

McClung

Smith of Lau.

Gaines

Bridges

Dubose

Montgomery

Sims

Jackson

Bailey

Duke

Moore of Mad

Terry

Irwin

Brown

Edmondson

Moore of Jack.

Williams

Jones

Broadnax

Ellis

McVay of Laud

Weissinger

McCamy

Bell Bradford

Edwards

McVay of Law.

Walthall

Merriwether

Barclay

Exum

Martin

Whitfield-57

James I. Thornton having received a majority of votes, Mr. Speaker therefore declared him duly elected Secretary of State for the next ensuing two years.

Both houses then proceeded to the elections of a Comptroller of Public Accounts: Samuel Pickens alone being in nomination. For Samuel Pickens 77 votes.

Those who voted for Mr. Pickens are


45

Mr. President

Miller

Barclay

Fluker

Massey

Abercrombie

Powell

Crenshaw

Greening

Perkins

Ashe

Skinner

Craig Coe

Heard

Pickens

Bagby

Sullivan

Coopwood

Harris

Parham

Barton

Vanhoose

Coleman

Johnson

Perry

Brown

of the Sen.

Davis of Fr.

Jones

Powell

Casey

Mr. Speaker

Davis of Ja.

Lawler

Ross

Clay

Acklen

Dale

Lewis

Rhodes

Crabb

Benson

Dennis

McClung

Smith of Hen.

Gaines

Bridges

Dupuy

Montgomery

Smith of La.

Jackson

Bailey

Dubose

Moore of Mad.

Sims Terry

Irwin

Brown

Duke

Moore of Ja.

Williams

Jones

Broadnax

Edmondson

McVay of Laud

Weissinger

McCamy

Bell

Ellis Edwards

McVay of Law.

Walthall

Merriwether

Bradford

Exum

Martin

Whitfield- 57

Samuel Pickens having received a majority of votes, Mr. Speaker therefore declared him duly elected Comptroller of Public Accounts for the next ensuing twelve months.

Both houses then proceeded to the election of a State Treasurer:- Jon C. Perry alone being in nomination. For John C. Perry 77 votes.

Those who voted for Mr. Perry are,

Mr. President, Abercrombie, Ashe, Bagby, Barton, Brown, Casey, Clay, Crabb, Gaines, Jackson, Irwin, Jones, McCamy, Merriwether, Miller, Powell, Skinner, Sullivan, Vanhoose of the sen - 20 Mr. Speaker, Acklen, Benson, Bridges, Bailey, Brown, Broadnax, Bell, Bradford, Barclay, Crenshaw, Craig, Coe, Coopwood, Coleman, Davis of Fr. Davis of Ja. Dale, Dennis, Dupuy, Dubose, Duke, Edmondson, Ellis, Edwards, Exum, Fluker, Greening, Heard, Harris, Johnson, Jones, Lawler, Lewis, McClung, Montgomery, Moore of Mad. Moore of Jack. McVay of Laud. McVay of Law. Martin, Massey, Perkins, Pickens, Parham, Perry, Powell, Ross, Rhodes, Smith of Hen. Smith of La. Sims, Terry, Williams, Weissinger, Walthall, Whitfield- 57

John C. Perry having receive a majority of votes, Mr. Speaker therefore declared him duly elected State Treasurer for the next ensuing twelve months And then the Senate withdrew.

Mr. Craig obtained leave to introduce a bill to be entitled an act to amend the charter of the Bank of the State of Alabama; which was read a first time, and ordered to be read a second time.

Ordered, that Mr. Lawler be added to the committee on schools, colleges and universities and school and university lands.

Mr. Dubose obtained leave to introduce a bill to be entitled an act to provide for the payment of petit jurors; which was read a first time, and ordered to be read a second time.

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