Monday, February 9th, 1818.

The House met pursuant to ad-


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journment.

Mr. Walker presented the petition of John Blackburn praying that he may be divorced from his wife Polly Blackburn.

On motion of Mr. Clay,

Ordered that the petition with the accompanying documents lie on the table.

On motion of Mr. Walker,

Ordered that he have leave to withdraw his petition with the accompanying documents.

Mr. Clay from the committee to whom was referred the petition of sundry inhabitants of the town of Rodney, praying to be incorporated, reported a bill to incorporate the town of Rodney, which was read the first time and

On motion,

Ordered to be read a second time and made the order of the day for to-morrow,

Mr. Everitt from the committee to whom was referred the petition of sundry inhabitants of Washington county, praying that bridges may be built over the creeks of Santebogue and Pine barren, reported a bill


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which was read the first time, and

On motion,

Ordered to be read a second time forthwith, and

Ordered to be engrossed and made the order of the day for to-morrow.

Mr. Walker from the committee to whom was referred so much of the Governors message as relates to the distribution of the laws of the territory, reported a bill concerning the distribution of the laws and journals of this territory, which was read the first time and

On motion,

Ordered to be read a second time forthwith and

Ordered to be engrossed and made the order of the day for to-morrow.

Mr. Walker from the committee on enrolled bills, reported that they had examined the following bills, viz:

An act concerning writs of error,

An act to incorporate the St. Stephens Steam Boat Company,

A resolution laying off this territory into Council districts.

An act to alter and amend an act


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entitled an act concerning escheats, and find the same truly enrolled,

Whereupon, Mr. Speaker signed the same, and

Ordered that the clerk inform the Council thereof.

A message from his Excellency the Governor, by Mr. Noble his private Secretary:

Gentlemen of the House of Representatives,

I return the act to alter and amend an act, entitled an act to establish a bank at Huntsville.

In refusing my assent to a measure which has received the approbation of the Legislature, I am instructed by the respect due to their opinion, to submit the prominent objections which influence my judgment.

1st. The act provides that the notes issued by the Bank shall be a legal tender in payment of all dues to the Territory. Such a provision in an ordinary statute, repealable at the will of the Legislature is fully authorised by the charter of the Huntsville Bank, but to commit the faith of the government for the re-


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ceipt of its notices during the continuance of the charter with the very limited control it has over the institution, and without a corresponding interest in its concerns, appears to me wholly unnecessary and highly impolitic.

2d. The directors of the original Bank are authorised under a restriction which I consider unimportant, (that no office shall be established at any place until books shall have been opened and seventy thousand dollars subscribed at such place) to establish offices of discount and deposite wheresoever they think, fit within the territory, and to commit the management of the same to such persons, resident at the respective places, as they may appoint.

According to my view of the subject, the powerful influence which is thus given to the Directors at Huntsville over the concerns of the places where offices may be established, is worthy of consideration; and for the vesting which I do not perceive at present any adequate motive.

As the object of constituting individuals a body politic, for the pur-


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poses of banking, is the advancement of the general welfare, and the exclusive rights, benefits, and privileges which are granted, the means only; and as corporations are liable to depart from the design of their institution, the government, should at least possess a suitable interest and control, for the proposed extension of powers and advantages. Huntsville moreover, although a flourishing town, is situated several hundred miles from any sea port, and is not likely to become the principal seat of commerce. In that respect, therefore, it has no peculiar claim to the distribution and direction of banking establishments throughout the territory. Should, however, bank capital be wanted at any of our commercial towns, and a branch of the Huntsville bank be deemed more conducive to the public interest than a separate institution, appropriate provisions might be adopted which would present the subject in a different aspect.

WM. W. BIBB.

St. Stephens 9th Feb. 1818.

On motion of Mr. Walker.


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Ordered that said message and bill be committed to a select committee, and a committee were appointed of Messrs, Walker, Clay and McVay.

Mr. Lipscomb asked for, and obtained leave to introduce a bill concerning justices of the quorum and of the peace, which was read the first time, and

On motion

Ordered to be read a second time and made the order of the day for to-morrow.

Mr. Lipscomb, asked for, and obtained leave to introduce a bill to authorise the Trustees of the St. Stephens Academy to raise a fund by lottery for the use of said academy, which was read the first time, and

On motion,

Read a second time forthwith, and

On motion of Mr. Lipscomb,

Ordered, to be engrossed and made the order of the day for to-morrow.

A message from his excellency the Governor by Mr. Noble his private Secretary.

Mr. Speaker,


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I am directed to inform the House of Representatives that his excellency has this day approved and signed the following acts, viz:

An act authorising the taking of the census of the Alabama Territory.

An act to establish the county of Dallas.

An act concerning certain Islands in the river Tennessee, and then he withdrew.

Ordered that the clerk inform the Council thereof.

A message from the Legislative Council by Mr. Hooks, their Secretary.

Mr. Speaker,

I am directed to inform the House of Representatives that the Council have passed the following bills, viz:

A bill entitled an act to authorise Honore Colin to emancipate his female slave Rozette.

A bill to be entitled an act for the relief of James Caller.

A bill to be entitled an act to establish districts for the several attornies general of this territory, and

A bill to be entitled an act appointing commissioners to select a


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temporary place for holding the courts in Montgomery county, and then he withdrew.

The House resolved itself into a committee of the whole house on the bill for the relief of John Milican, and after some time spent therein, Mr. Speaker resumed the chair and Mr. Walker reported that the said committee had, according to order, had said bill under consideration, and had made an amendment thereto by striking out the first section of the bill: which,

On motion of Mr. Clay was postponed indefinitely.

The House resolved itself into a committee of the whole house on the bill for the relief of Thos. Johnson, and after some time spent therein, Mr. Speaker resumed the chair and Mr. Robishow reported that said committee had, according to order had said bill under consideration and had made an amendment thereto by striking out the first section of the bill: which,

On motion of Mr. Clay,

Was postponed indefinitely.

The engrossed bill to alter the


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boundaries of Marengo county was read the third time, and on the question shall said bill pass? it was resolved in the affirmative.

Resolved that the title of said bill be an act to alter and extend the boundaries of Marengo county.

The engrossed bill concerning the style of writs was read the third time, and

On motion of Mr. Walker,

The said bill was amended by rider: on the question shall said bill pass with the amendment? it was resolved in the affirmative.

Resolved that the title of said bill be an act concerning the style of Writs.

The engrossed resolution authorising the governor to adopt the necessary measures to obtain any monies due this territory from the state of Mississippi, was read the third time and on the question, shall said resolution pass ? it was resolved in the affirmative.

The engrossed bill to appoint commissioners to ascertain and report the most suitable and practicable route for a road from the falls of


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the Tuskaloosa to the river Tennessee, was read the third time, and on the question, shall said bill pass? it was resolved in the affirmative.

Resolved that the title of said bill be an act to appoint commissioners to ascertain and report the most suitable and practicable route for a road from the falls of the Tuscaloosa, to the river Tennessee.

The engrossed bill to establish the Alabama Bank in the town of St. Stephens was read the third time, and

On motion of Mr. Lipscomb,

Ordered that this House resolved itself into a committee of the whole forthwith, on said bill, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Clay reported that said committee had, according to order, had said bill under consideration and had made sundry amendments thereto, which were read and concurred in by the house, and

On motion of Mr. Clay,

Ordered that said bill be re-engrossed and made the order of the day for to-morrow.


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Mr. Walker, from the committee to whom was referred the message from his excellency the governor, together with the bill entitled an act to amend an act to establish a Bank at Huntsville, reported a bill of a similar title, which was read the first time, and,

On motion, read the second time forthwith and ordered to be engrossed and made the order of the day for to morrow.

The memorial addressed to the Congress of the United States on the subject of internal improvement, was read the third time, and on the question shall said memorial pass? it was resolved in the affirmative, and

Ordered that the clerk take said engrossed bills and memorial to the Council and desire their concurrence.

The bill to fix the compensation of the members of the General Assembly, was read the second time, and

On motion of Mr. Walker,

Ordered to be committed to a committee of the whole House for


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to-morrow.

The bill to authorise the appointment of the commissioners for fixing a suitable scite for the seat of the Territorial government, was read the second time, and

On motion of Mr. Lipscomb,

Ordered to be committed to a committee of the whole House for to-morrow.

The House resolved itself into a committee of the whole House on the bill to alter and amend an act, for the punishment of crimes and misdemeanors; and after some time spent therein Mr. Speaker resumed the chair and Mr. Smith reported that said committee had, according to order, had said bill under consideration and had made sundry amendments thereto, which were read and concurred in by the House, and

On motion of Mr. Lipscomb,

Ordered to be engrossed and made the order of the day for to-morrow.

The bill to authorise the administrators of William Gillam dec. to sell real estate, was read the second time, and

On motion,


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Ordered to be engrossed and made the order of the day for to-morrow.

The bill to authorise the administrators of James Allsup dec. to sell real estate, was read the second time, and

On motion,

Ordered to be engrossed and made the order of the day for to-morrow.

The bill to enable the county court of Madison county to complete the public buildings of said county, was read the second time, and

On motion,

Ordered to be committed to a committee of the whole House for to-morrow.

The bill to authorise the change of venue in real action, was read the second time, and

On motion,

Ordered to be engrossed and made the order of the day for to-morrow.

The bill to amend the militia laws and for other purposes was read the second time, and

On motion

Ordered to be committed to a committee of the whole House and


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made the order of the day for to-morrow.

The bill to amend the laws for raising a revenue was read the second time, and

On motion,

Ordered to be committed to a committee of the whole House and made the order of the day for to-morrow.

The bill for the relief of the sheriff of Clarke county, was read the second time, and

On motion,

Ordered to be committed to a committee of the whole House and made the order of the day for to-morrow.

The House resolved itself into a committee of the whole House on the bill to establish the counties of Marion and Conecuh, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Lipscomb reported that said committee had, according to order, had said bill under consideration and had made sundry amendments thereto, which were read and concurred in by the House, and


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On motion of Mr. walker,

Ordered to be engrossed and made the order of the day for to-morrow.

The House resolved itself into a committee of the whole House for the relief of the several tax collectors of this territory, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Everitt reported that said committee had, according to order, had said bill under consideration and had made sundry amendments thereto, which were read and concurred in by the house, and

On motion,

Ordered, to be engrossed and made the order of the day for to-morrow.

The house then adjourned till to-morrow, ten o'clock, A.M.