Monday, November 13, 1820

Mr. Henry Chambers, from Madison county appeared, and took his seat.

Mr. Perry presented the petition of sundry inhabitants of the county of Perry, praying the establishment of seats of Justice in the counties therein named, which was received and on motion, ordered, that the said petition be referred to the committee on county boundaries.

Mr. Perry presented the petition of sundry inhabitants of Perry county, praying the passage of a law to fix the seat of justice in the centre of the said county, which was received; and on motion, ordered that the said petition be referred to the committee on county boundaries.

Mr. Murphy presented the petition of sundry inhabitants of Butler praying the removal from office of James Dunklin, one of the justices of the county court of said county, for reasons therein state; which was received and, on motion, ordered, that the said petition be referred to the judiciary committee.

Mr. Murphy presented the petition of sundry inhabitants of Monroe county, praying the passage of a law incorporating the trustees of the Solemn Grove Academy; which was received and on motion, ordered, that the said petition be referred to the committee on schools and colleges.

Mr. McMeans presented the petition of sundry inhabitants of the county of Perry, praying the establishment of an election precinct at Cahawba, Old Town, which was received; and on motion, ordered that the said petition be referred to the committee on county boundaries.

Mr. McVay presented the petition of Thomas M. Dement, of Lauderdale, praying the passage of a law changing the names of several of his natural children therein named, which was received; and on motion, ordered, that the said petition be referred to a select committee to wit, Messrs. McVay, Edmondson and Hill.

Mr. Evans presented the petition of sundry inhabitants of Wilcox county, praying an alteration in the boundaries thereof, which was received; and on motion, ordered, that the said petition be referred to the committee on county boundaries.

Mr. Evans presented the petition of James Dellet, sen. and William Stewart, lessees of school lands, in the county of Munroe, praying a remission of rent for the same, which was received; and on motion, ordered that the said petition be referred to the committee on schools and colleges and school and college lands.

Mr. Perry presented the petition of sundry inhabitants on the Cahawba river praying the passage of a law opening the navigation of the said river which was received, and on motion, ordered that the said petition be referred to the committee on inland navigation.

Mr. Perry presented the petition of William Pye, praying compensation for the use of his House in May last, by the Supreme Court


(20)

which was received; and on motion, ordered that the said petition be referred to the committee on propositions and grievances.

Mr. Perry presented the petition of William and Abraham Trigg, praying to be exempted from taxes on certain lots in the town of Cahawba, which was received; and on motion, ordered that the said petition be referred to the committee on propositions and grievances.

Mr. Chapman from the committee on enrolled bills, reported the following bill: "an act, amendatory of an act, entitled an act to provide for the sale of lots in the town of Cahawba, and for other purposes," and of an act, entitled an act, providing for the temporary and permanent seats of government, and find the same duly enrolled, when the speaker signed the said bill.

Mr. Perkins obtained leave to bring in a bill entitled an act, to extend the corporation of the town of Tuscaloosa," which was read the first time and on motion, ordered that the said bill be made the order of the day for the second reading on to-morrow.

On motion of Mr. McKinley, ordered, that the door-keeper of this House be instructed to attend the committees when the House is not in session; and that he be further instructed to keep one servant always in attendance, to make fires in the House and committee rooms, and perform such other service as may be necessary.

Mr. Bailey, in pursuance of notice given on Friday last, introduced a bill to fix the seat of justice for Lauderdale county, which was read a first time, and made the order of the day on to-morrow.

On motion of Mr. Perry, ordered, that the door-keeper of this House be instructed to have a suitable number of benches made and placed in the lobby of this House for the accommodation of persons therein.

On motion, ordered, that Mr. Chambers be added to the committee of Ways and Means.

On motion, ordered, that Mr. Davis be added to the judiciary committee.

Mr. Smoot obtained leave to bring in a bill entitled an act, to amend an act, passed at Huntsville on the sixteenth day of December, 1819, entitled an act, to alter and amend the laws regulating the admission and practice of counsellors and attornies at law," which was read a first time and made the order of the day for to-morrow.

On motion of Mr. McVay, ordered, that a committee to consist of five members be appointed to bring in a bill to alter the estray laws, whereupon Messrs. McVay, Clay, Evans, Tagert, and Cook were appointed.

On motion, ordered, that Mr. Walker be added to the committee of Ways and Means.

On motion, ordered, that Mr. Leake be added to the committee on roads, bridges &c.

Mr. McKinley moved that a seat at the west end of the Representative Hall be appropriated to the use of the Senators, Judges of the Supreme Court, and late members of the convention and ex members of the General Assembly when they may choose to attend the proceeding of this House.

Mr. Perry moved that the words and late members of the convention, and ex members of the General Assembly," be stricken out which motion was decided in the affirmative.


(21)

The question was then put upon Mr. McKinley's motion with the said words thus stricken out and it was decided in the affirmative.

Mr. Chapman, from the joint committee appointed by the Senate and House of Representatives to draft resolutions in relation to the late Governor's death made the following report:

The General Assembly of the State of Alabama, sensibly feeling and most sincerely lamenting the irreparable loss sustained by the death of our late Governor William W. Bibb, deem it a duty we owe to ourselves, our fellow citizens, and his revered memory, to express to the world the feelings of our hearts. We are aware, that the pen of panegyric can but faintly paint his virtues, and should the tongue of eulogy attempt to express them it would fail in the effort. To say he was a man without an equal, would be saying too much; but to say he was a man of transcendent virtue, and patriotism, is nothing more than is due to his memory. He was the friend of liberty and of man; and his unceasing efforts were to perpetuate the one, and promote the happiness of the other. The archives of the nation will show to the latest posterity, that he was a pure republican. The greater part of his short life was devoted to the service of his country; and his fame is impervious to the shafts of calumny. He was an admirer of the immortal father of his country; and it may well be said, that Washington chalked out the paths of virtue and patriotism, and Bibb delighted to follow them. But heaven has decreed that all earthly good shall pass away; and he, who maketh darkness his pavillion , has been pleased in his incomprehensible wisdom to take from us this excellent and beloved man; and we can only pray in the sincerity of our hearts, that the smile of that being who resides in the celestial mansion, may be upon him; and against his name in the book of eternal life, may happiness be written. Therefore, as a public testimony of sincere regret for the loss and in profound respect for the memory of our late Governor.

Resolved, That the members of this General Assembly wear crape on the left arm during the present session.

Resolved, That the Rev. Mr. Kennedy be requested to preach a funeral sermon in the State House on the 26th day of the present instant, suited to the occasion.

Resolved, That the acting Governor be requested to cause a copy of these resolutions to be transmitted to Mrs. Bibb, expressive of our condolence at the afflicting dispensations of Providence. Which report was unanimously adopted by the House.

The bill to incorporate the town of Selma was then taken up, and on motion of Mr. McKinley, ordered, that the House will resolve itself into committee of the whole House on to-morrow, on the said bill.

On motion of Mr. Perkins, the House resolved itself into a committee of the whole, Mr. Weedon in the chair, on the bill to legalize the election in Jackson county, in August 1820; and after some time spent in the consideration thereof, the committee rose, and the chairman reported the same to the House without amendment, in which report the House concurred. The bill was then read a third time and passed. Mr. McKinley moved that the first blank be filled with William D. Gaines, which was decided in the affirmative. Mr. McKinley moved to fill the second blank with William Barkley, which was decided in the affirmative. Mr. McKinley moved to fill the third blank with


(22)

G. W. Hopkins, which was decided in the affirmative, Mr. McKinley moved to fill the fourth blank with James Fletcher, agreed to by the House. Mr. McKinley moved to fill the fifth blank with William Usery , which was decided in the affirmative. The question was then put on the final passage of the bill with the blanks filled, which was decided in the negative. And the yeas and nays being called for are as follows: Those who voted in the affirmative are Messrs. Bigham, Bailey, Col. John Brown, Chambers, Chapman, Clay, Coleman, Doxey, Davis, Duke, Edmundson, Holderness, Isbell, McKinley, Leake, Moore of Madison, Morton, Moore of Marion, McVay, Rather, Shackleford, Sargent, Vining, Walker, and Weedon, 25. Those who voted in the negative, Messrs. Speaker, Abercrombie, Armstrong, of Mobile Creagh, Cook, Coats, Draughan, Dale, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Hill, Jackson, Murphy, Murrell, McMeans, Mims , Perry, Perkins, Smoot, and Tagert, 26.

The House adjourned, till to-morrow 10 o'clock.