TUESDAY, January 8, 1828.

The House met pursuant to adjournment.

Mr. McRae of Frank from the select committee to which was referred the petition of a number of the practicing physicians of Franklin, Lawrence, and Lauderdale counties, Reported that they are deeply impressed with the importance of the subject presented in the petition, but as the session is bro't so near a close, they think it imprudent to legislate hastily on a subject of so much importance in the profession and citizens in general at this session, and recommend the same to the early attention of the next session, and beg leave to be discharged from the further consideration of the subject: which was granted.


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Mr. McVay of Law. from the select committee to which was referred a bill from the Senate entitled "an act for the relief of Wyatt Cheatham," reported the same without amendment; it was then read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the Clerk acquaint the Senate therewith.

Mr. Ellis from the committee on enrolled bills, reported that they had examined, and found correctly enrolled, bills of the following titles, to wit: an act to provide for the translation and preservation of the Spanish records of this state: an act to repeal so much of the 3d section of an act entitled an act to reduce the expenses of the General Assembly, and for other purposes, passed at Cahawba the 15th day of June, 1821, as is herein specified; an act to emancipate certain persons therein mentioned; and an act reviving an act authorizing a lottery for the benefit of the navigation of the Buttchatchie: all of which originated in the Senate.  Joint remonstrance to the Congress of the United States against the power assumed to protect certain branches of domestic industry at the expense of others and the policy of the measure was read a second time and considered as engrossed, and the rule requiring bills to be read on three several days being dispensed with, it was then 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. Smith of Clark obtained leave to introduce a bill to be entitled “an act to authorize the Judges of the county courts to fill vacancies in the office of commissioners of roads and revenue, and for other purposes,” was read a first time.  Mr. Smith of mad. moved that the further consideration of the bill be indefinitely postponed; which was lost.  Yeas 25- nays 30.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Anderson, Broadnax, Bonnell, Clark, Colgin, Conner, Cook, Craig, Daniel, Durrett, Ellis, Greening, Higgins, McVay of Laud. Moore of Jack. Moore of mad. Rainey, Richardson, Sharp, Smith of mad. Tarver, Terry, Walker, Ward and Wiggins-25.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Bell, Bradford, Brown, Collier, Coopwood, Davis, Dennis, Duke, Edmondson, Forrest, Harris, Jack, Kelly, Lawler, Martin, Massey, McRae of frank. Perkins, Price, Rather, Ross, Robertson, Russell, Smith of Clarke, Vaughan, Vining, Walthal and Weisinger- 30.

It was then read a second time forthwith, the rule being dispensed with and referred to a select committee consisting of Messrs. Harris, Smith of Clarke, and Terry.

Mr. Ross from the committee on accounts to which was referred sundry claims against the state, Reported a bill to be entitled “an act making appropriation for certain claims against the state;” which was read a first time, and the rule requiring bills to be read on three several days being dispensed with, it was then read a second time forthwith and referred to the committee on accounts.

Mr. Kelly made the following report: The select committee to which was referred a bill to repeal in part and amend the act entitled an act to incorporate the Muscle Shoals Canal company, have had the same under consideration; and as far as time would admit, have bestowed on the subject the attention due to its importance.  It presents the important question whether the importance desired by all, should be carried on by the state, directly or through the agency of incorporated companies.  In every aspect under which your committee have been able to view the subject, the direct improvement by the state, is preferable to the other mode.  At the threshold of this inquiry, however, we are met by the question, can the state probably command the means that will be necessary to effect the object?  If it be conceded that the state cannot do so in a reasonable

 


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time, then it might be proper to incorporate companies for the purpose. Your committee, however, consider it highly probable that the state can without difficulty, command ample means for the purpose in the course of a few years: the charter of incorporation granted at the last session, allowed the company to establish such a rate of toll, as would amount to an annual profit at least 12 1/2 percent upon the capital expended.  If individual adventurers could, by a toll of boats, &c. make a profit of 12 1/2 per cent per annum, it is clear that the state might make a similar profit, and if so the sym necessary to cut the canal can be borrowed by the state, and applied to object, and when completed, the profits will ultimately reimburse the loan.  Individual enterprises of the kind rarely succeed in works of great national importance- the policy of New York has been to keep such enterprises in the hands of the state; and the distinguished success that has attended her exertions, should instruct other states how much can be achieved by the judicious application of the means of a government.  Ohio is following in her example, and extending the line of inland communication.  The facility with which the means were commanded, and the success that has already crowned the exertions of New York, and in all human probability, will shortly reward those of Ohio, should admonish Alabama not to despair, but to emulate and imitate the example, even if no intrinsic aid could be expected.  Your committee would still think that the probable development and expansion of our resources, would enable the state to undertake and complete the improvement in less time than it can be reasonable expected to be done by: company, unless a very strong address is made to the interests of individuals, by the amount of profits or other advantages allowed in the charter.  Interest is the main incentive to individual exertion, and must be strongly addressed, to produce a great national improvement by the application of individual means: al the hazards of a failure in the enterprise, must be covered by the extent of the profits allowed in the event of success, or individuals will not embark their funds.  The profits to be paid, whether to the state or to a company, it is very clear, must be considered a tax on the labor of the country; and it is consequently, of great importance to the people, that the tax so to be paid should be as low as possible.  The state would be satisfied with a lower rate of toll than a company would, and avoid all the evil consequences of allowing one portion of the community to tax the balance.  Your committee feel a greater degree of confidence in the belief, than the aid of the United States and also of the state of Tennessee, may be obtained in time to complete the work in a shorter time, than it is probable it will be done, if left in the hands of a company.

The national character of the improvement in question, renders it morally certain, that the United State will accord to Alabama, early and suitable aid in the enterprise. The ample donation in public lands made to the north western states for a similar purpose, at the last session, forbids us to doubt the extension of similar liberality to us, from the General Government.  The deep interest that the state of Tennessee is know to feel in relation to the improvement in question, insures the aid and co-operation of that state also, on a proper application.  To doubt the means of the three governments to effect the object, would be rejecting the influence of facts, and the admonitions of experience.  Your committee forbear to dwell on the many and important objections that might be urged against the policy of multiplying corporations, and will only add that the sluggish movements of the company under consideration, if per-


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mitted to continue its existence might be found to present a formidable obstacle to the exertions of the state, as difficult to remove, as the natural obstructions in the stream that we all desire to remove.

These considerations lead to the belief, that inasmuch as no stock has been as yet subscribed for, and the advantageous terms accorded in the charter have not been accepted, and indeed seem to be unacceptable, your committee consider it a fit occasion to assert the principle, that the state will retain in its own hands, improvements of such magnitude: and therefore have amended the bill by striking out all after the word “that” in the first line after the enacting clause, and inserting the accompanying substitute; which was ordered to lie on the table.

A message from the Senate by Mr. Lyon,

MR. SPEAKER- The Senate concur in the amendment made by your honorable body to the bill entitled an act to authorize John P. Neal, agent of William A. Powell, to emancipate John Robinson, a man of color: they have read three times and passed bills which originated in their House, entitled an at the better to regulate Judicial proceedings: an act to amend an act entitled an act to reduce into one the several acts concerning roads, bridges, ferries, and highways, approved January 12th, 1827; and an act to make further compensation to John D. Terrell, for service rendered in closing the unsettled accounts between this state and Mississippi; in all of which they desire the concurrence of the House of Representatives.  They have also passed bills &c. which originated in the House of representatives, entitled an act for the relief of Dugald McFarlane: an act to amend an act to incorporate the town of Montgomery: an act to amend ana ct entitled an act concerning roads, highways, bridges and ferries in the county of Mobile: an act to provide for the payment of petit Jurors in the county of Jefferson: an act to authorize William Hynds to sell and convey a certain tract of lad therein mentioned and for other purposes: an act to authorize the Judge of the county court and commissioners of roads and Revenue of Shelby county to levy a special tax: an act to amend in part and repeal in part an act to establish the town of Whitesburg and incorporate its trustees: an act to regulate the payment of petit Jurors in the county of Washington: an act to change the names of certain persons therein mentioned: an act to authorize Jesse Lott to continue a toll bridge erected over Dog river, in the county of Mobile, & have amend the caption of the same by adding the words, “and for other purposes;” a joint resolution declaring the expiration of the office of the present trustees of the University of the state of Alabama, and have amended the same by adding thereto an additional resolution: and a memorial to the Congress of the United States, on the subject of the extension of the federal Judiciary system, so as to admit the states received into the union since the last extension thereof, to a participation of its benefits; and have amended the same by striking out all after the word “represents” in the 9th line from the beginning, and substitution the accompanying memorial in lieu thereof: in all of which amendments they respectfully ask your concurrence: also an act to incorporate the trustees of Oak Grove academy, of Perry county.  And then he withdrew.

Ordered that the House concur in the amendments made by the Senate to the bill entitled “an act to authorize Jesse Lott to continue a toll bridge over Dog river in county of Mobile,” by adding to the title of the bill, the words “and for other purposes.”  Ordered that the House concur in the amendments made by the Senate, to the joint resolution declaring the expiration of the office of the present trustees of the University of the state


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of Alabama, by adding another member to said resolution, Engrossed memorial to the Congress of the United States, on the subject of the extension of the federal Judiciary system, so as to admit the states received into the union since the last extension thereof, to a participation of its benefits, was referred to a select committee, consisting of Messrs. Smith of Clarke, Collier, Ross and Kelly.

Mr. Speaker laid before the House, a communication from Henry Hitchcock, Esq. Attorney General, which was read and laid on the table.  Mr. Perkins moved that three hundred copies thereof be printed for the use of this House; which was lost.  Yeas 19- nays 39.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Bonnell, Colgin, Conner, Craig, Durrett, Edmondson, Harris, Kelly, Lawler, McVay of Laud. Perkins, Rainey, Ross, Robertson, Stone, Tarver, Vaughan, Walthal and Weisinger-19.

Those who voted in the negative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Clark, Collier, Coopwood, Davis, Dennis, Duke, Ellis, Forrest, Greening, Higgins, Jack, Lewis, Martin, Massey, McRae of Frank. Moore of Jack. Moore of mad. Paulding, Price, Rather, Richardson, Russell, Sargent, Sharp, Smith of Clarke, Smith of mad. Terry, Vining, Walker, Ward, and Wiggins-39.

Engrossed bill from the Senate entitled “an act better to regulate Judicial proceedings,” was read a first time, and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a second tie forthwith, and ordered to be read a third time tomorrow.

Mr. Lewis obtained leave to introduce a bill to be entitled “an act prescribing he manner in which the citizens of this state shall vote on the joint resolutions proposing to change the constitution of the state, so as to limit the tenure of the Judges to seven years;” which was read a first time, and the rule requiring bills to be read on three several days being dispensed with, it was then read a second time forthwith, and referred to the Judiciary committee.

Mr. Stone from the select committee to which was referred a bill to be entitled “an act relative to volunteer companies in the militia of this state, and for other purposes” Reported the same with the following amendment; 2d section 6th line after the word 'company,' insert “by advertisement at each election precinct, and also at each company muster ground in said company, shall be deemed good and sufficient notice,” and by adding thereto three additional sections: in which amendments the House concurred.  It was then read a second time, and ordered to be engrossed for a third reading tomorrow.

Mr. Bridges obtained leave to introduce a bill to be entitled “an act to repeal in part and amend an act entitled an act to establish a certain road therein designated;” which was read a first time, and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a second time forthwith, and considered as engrossed, and the rule being further dispensed with, it was then 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.

Engrossed bill from the Senate entitled “an act to amend an act entitled an act to reduce into one the several acts concerning roads, bridges, ferries and highways,” approved January 12th 1827, was on motion of Mr. Craig, laid on the table till the 1st day of June next.


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Engrossed bill from the Senate entitled “an act to make further compensation to John D. Terrell, for services rendered in closing the unsettled accounts between this state and Mississippi,” was read a first time and ordered to be read a second time tomorrow.

Engrossed bill entitled “an act for the relief of Roberts H. Rose,” was 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.

Engrossed bill from the Senate entitled “an act to authorize the court of revenue and roads of the county of Wilcox, to alter state roads in said county,” was read a 2nd time, & the rule requiring bills to be read on three several days being dispensed with, it was the read a third time and passed.  Ordered, that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith for concurrence.

Mr. Higgins who voted in the majority, moved to reconsider the vote given yesterday on the indefinite postponement of the joint resolution to authorize the erection of the state Capitol in Broad street; which was carried.  Yeas 41- nays 16.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Broadnax, Bridges, Clark, Colgin, Collier, Coopwood, Daniel, Davis, Dennis, Duke, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, McVay of Laud. McRae of Frank. Moore of Jack. Moore of mad. Perkins, Price, Rainey, Richardson, Ross, Russell, Sargent, Sharp, Smith of Clarke, Stone, Terry, Vaughan, Walker, Walthal, Ward- 41.

Those who voted in the negative are,

Messrs. Bell, Bradford, Brown, Cook, Craig, Durrett, Edmondson, Lawler, Massey, Rather, Robertson, Smith of mad. Tarver, Vining, Weisinger and Wiggins- 16.

Mr. Lewis then moved to amend the resolution by way of proviso.

Mr. Clark moved to amend the amendment by way of proviso.  The question was put on the adoption of the amendment as amended and carried.  The resolution was then read a second time and considered as engrossed, and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a third time forthwith.  Mr. Lewis moved to fill the blank with “four hundred;” which was carried.  Yeas 32- nays 26.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs Speaker, Acklen, Anderson, Bonnell, Clark, Colgin, Collier, Conner, Daniel, Davis, Duke, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, McRae of Frank. Moore of Jack. Perkins, Price, Rainey, Ross, Russell, Sargent, Smith of Clark, Stone, Walker and Walthal-32.

Those who voted in the negative are,

Messrs. Bell, Bradford, Brown, Broadnax, Bridges, Cook, Coopwood, Craig, Dennis, Durrett, Edmondson, McVay of Laud. Massey, Moore of mad. Rather, Robertson, Sharp, Smith of mad. Tarver, Terry, Vaughan, Vining, Ward, Weisinger and Wiggins- 26.

Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.  And then the House adjourned until tomorrow morning 9 o'clock.