Thursday, November 30, 1826.

The House met pursuant to adjournment.

Mr. Dennis presented the petition of sundry inhabitants of Dale county, praying the passage of a law to authorize them to hold an election for one or more justices of the peace and militia officers, and to form a Captain's beat; which was read and referred to a select committee, consisting of Messrs. Dennis, Smith of Henry and Benson.

Mr. Perry presented the petition of the inhabitants of township ten, range fifteen of the county of Butler, praying the passage of a law to


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authorize the sale of the sixteenth section in said township;  which was read and referred to the committee on schools, colleges and universities, and school and university lands.

Mr. Terry presented a preamble and resolutions in relation to the extinguishment of the Indian claim to the lands within the limits of this state; which was read, and referred to a select committee, consisting of Messrs. Lewis,  Benson, Bailey, McClung, Moore of Mad. Pickins and Craig.

Mr. Edwards presented the petition of sundry inhabitants of Monroe county, praying the passage of a law to establish a ferry at what is now called Sizemore's ferry, on the Alabama river, opposite the lands of Wm. F. Ward; which was read, and referred to a select committee, consisting of Messrs. Edwards, Dale, Bridges and Harris.

Mr. Heard from the committee on divorce and alimony, to which was referred the records and proceedings of the circuit court of Tuscaloosa county, exercising chancery jurisdiction in the case of William Bryant against Rhodicy Bryant for divorce, reported a bill to be entitled an act to divorce William Bryant from Rhodicy Bryant; which was read a first time and ordered to be read a second time.

Mr. Heard, from the committee on divorce and alimony,  to which was referred the record and proceedings of the circuit court of Dallas county, exercising chancery jurisdiction together with the record and proceedings of the supreme court in said case, reported a bill to be entitled an act to divorce Olivia A. Taylor from John Taylor; which was read a first time and ordered to be read a second time.

Mr. Perkins, from the committee on propositions and grievances to which was referred the petition of Mary Latham, reported a bill to be entitled an act for the relief of Mary Latham; which was read a first time and ordered to be read a second time.

Mr. McVay of Law. from the select committee to which was referred a bill to be entitled an act more effectually to secure the compensation allowed by law to jurors therein named, reported the same with sundry amendments.  Ordered, that said bill be recommitted to the same committee.

Mr. Coe from the select committee to which was referred the petition of Daniel J. McAlister and Rebecca McAlister, reported a bill to be entitled an act authorizing the administrator of William McAllister, deceased, to transfer a certificate therein named; which was read a first time and ordered to be read a second time.

 Mr. Parham from the select committee to which was referred the petition of Benjamin F. Perry reported a bill to be entitled an act authorizing Benjamin F. Perry to emancipate a certain slave therein named; which was read a first time, and ordered to be read a second time.

Mr. Greening,  from the select committee to which was referred 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, reported the following resolution; Resolved That a committee be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to take into consideration 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, and that the said committee be authorized to make such arrangements as will enable


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the General Assembly of Alabama to express fully their sense of the distinguished services of the late Presidents. Which resolution was adopted. Whereupon Messrs. Greening, Moore of Jack. Smith of La Duke, Ellis and Rhodes were appointed said committee.

On motion of Mr. Weissinger Resolved, That the committee on ways and means be instructed to inquire into the expediency of so altering the present revenue law as to require every wagon engaged in the business of a peddler to pay a separate license.

Mr. McVay of Laud. obtained leave to introduce a bill to be entitled an act more effectually to prevent breaches of the peace; which was read a first time, and ordered to be read a second time.

Mr. Weissinger obtained leave to introduce a bill to be entitled an act to authorize the judge of the county court and commissioners of roads and revenue of Perry county to appoint some person to transcribe a certain part of the records of the county court of said county; which was read a first time, and ordered to be read a second time.

A resolution to abolish the present county court system, and to vest the powers now exercised by said court, in relation to orphan's business, in a court of ordinary, was taken up, and the question being put, shall this resolution be adopted? it was determined in the negative. Yeas 24, nays 35.

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

Mr. Speaker

Coleman

Fluke

Martin

Ross

Acklen

Dennis

Greening

Massey

Smith of Hen.

Benson

Dubose

Lewis

Neil

Terry

Broadnax

Duke

Montgomery

Perkins

Whitfield- 24

Bradford

Edwards

Moore of Jac.

Parham

 

Those who voted in the negative are

Mr. Armbrister

Coe

Ellis

McClung

Powell

Bailey

Coopwood

Exum

Moore of Mad

Rhodes

Brown

Davis of Fr.

Heard

McVay of Lau.

Smith of La.

Bell

Davis of Ja.

Harris

McVay of Law.

Sims

Barclay

Dale

Johnson

Mead

Williams

Crenshaw

Dupuy

Jones

Pickens

Weissinger

Craig

Edmondson

Lawler

Perry

Walthall- 35

On motion of Mr. Moore of Mad. Resolved, that the judiciary committee be instructed to inquire into the expediency of amending and remedying the defects in the attachment laws of this state, with leave to report by bill or otherwise.

On motion of Mr. Terry,  Ordered, that the documents accompanying the Governor's message in relation to the diving line between this state and the state of Georgia, be referred to the select committee to which that part of the message was referred to on that subject.

A bill to be entitled an act to amend the charter of the Bank of the State of Alabama, was referred to a select committee, consisting of Messrs. Greening, Craig, Lewis and Crenshaw.

A bill to be entitled an act to provide for the payment of petit jurors was referred to a select committee, consisting of Messrs. Crenshaw, McClung and Mead.

A report and resolution of the state of Mississippi on the resolutions from the states of Delaware,  Connecticut, Illinois, Indiana, Ohio, and New Jersey in relation to the emancipation of slaves, an accompanying


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document to the Governor's message was referred to a select committee, consisting of Messrs. Lewis, Weissinger and McClung.

Resolutions of the state of Indiana disapproving of resolutions of the state of Tennessee, relating to the election of President and Vice President and the appointment to office of members of Congress, as accompanying document to the Governor's message, was referred to a select committee, consisting of Messrs. Moore of Jack. Johnson, Ellis, Perkins and Mead.

A resolution of the state of Louisiana approving the resolution of the state of Georgia, respecting the importation of ingress of people of color into any of the states, an accompanying document to the Governor's  message, was read and referred to a select committee, consisting of Messrs. Lewis, Weissinger and McClung.

Resolutions of the state of Vermont on the subject of the importation of persons of color into the several states, and on the subject of slavery in the United States, an accompanying document to the Governor's message, was read, and referred to a select committee, consisting of Messrs. McClung, Weissinger, Heard, Walthall and McVay of Laud.

A resolution of the General Assembly of the state of Louisiana, disapproving of the resolution of the General Assembly of Ohio, proposing a plan for the gradual emancipation of slaves, an accompanying document to the Governor's message, was read,  and referred to a select committee, consisting of Messrs. McClung, Weissinger, Heard, Walthall and McVay of Laud.

Resolution of the state of Maine, disapproving of the amendment of the constitution of the United States proposed by the state of Tennessee, an accompanying document to the Governor's message was read, and referred to a select committee, consisting of Messrs. Moore of Ja. Johnson, Ellis, Perkins and Mead.

Engrossed bills of the following titles, to wit: an act to amend an act entitled an act, to amend the act, entitled an act, concerning wills and testaments, the settlement of intestate estates, and the duty of executors, administrators and guardians; an act to provide for the taking of the census of this state; an act to change the names and render legitimate certain persons therein named; and 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; 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.

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

EXECUTIVE DEPARTMENT, Nov. 29th, 1826.

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

Gentlemen - I have the honor to lay before you communications from Colonel Bradford of Madison county, and from the officers of the Tuscumbia Hickory Volunteers, applying for a number of stand of the public arms. Similar applications, in a less formal manner, have been received by the Executive from various other quarters. The General Assembly will justly appreciate the motives of public spirit and patriotism which would induce individuals to assume great private responsibility for the public benefit.   The humidity and perhaps other circumstances, incident to our climate, render it very difficult to keep the arms in the arsenal in a perfect state of preservation.   I beg leave to suggest that the public arms might be placed in the hands of the militia officers, under suitable


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provisions for their return and safe keeping; and thus contribute to the discipline and contingent defense of the state. It is believed that regulations in this respect sufficiently safe and convenient, may be devised. The complete equipment of such volunteer corps as our present means may permit, will serve as a pattern and incentive to other militia companies, until they also can receive similar attention.

I beg leave also to lay before you a communication from Mr. Rembrandt Peale, of the city of New York,  offering to the State of Alabama a copy of a Portrait of General Washington, taken by himself from the life.

I have the honor to be, most respectfully, your obedient,

(Signed)                 JOHN MURPHY.

Ordered, That so much of said message as relates to the militia of this state, and distribution of the arms in the arsenal, be referred to the military committee; and that so much thereof as relates to the communication of Rembrandt Peale, an artist of the city of New York, offering to the State of Alabama a copy of a Portrait of General Washington, taken by himself from the life, be referred to a select committee. Whereupon Messrs. Moore of Mad. Benson and Terry were appointed said committee.

Bills of the following titles, to wit: an act to alter the state road from Selma to Cahawba, by way of the new bridges on Valley creek; an act to establish a certain road therein designated; an act to emancipate certain slaves therein named; were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act explanatory of an act entitled an act to provide for the election of justices of the peace, passed Dec. 31st, 1822, was referred to a select committee, consisting of Messrs. Powell, Mead and Bell.

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 second time; and the rule requiring bills 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.

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 laws as to provide a more summary mode for trying delinquent overseers and persons subject to work on roads.

On motion of Mr. Coleman, Resolved, That the committee on ways and means be instructed to inquire into the expediency of so amending and altering the revenue law, that the tax on merchandize shall be assessed and levied on the original invoice prices or prime cost of goods purchased in each and every year.

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