Thursday, December 18.

Mr. Mead, from the committee on roads, bridges, ferries &c. to whom was referred the petition of Rodah Horton and his associates, reported a bill, to be entitled an act to authorize Rodah Horton and associates to construct a turnpike road therein named; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution in relation to free white men living on the Indian land, within the jurisdiction of any county in this state, Reported, That there is no law in this state which will justify the managers of any election in allowing persons to vote, who are inhabitants of territory within the limits of this state, to which the Indian title is not extinguished. Also, that we have no power to require taxes of persons circumstanced as before mentioned; and that it is equally beyond the power of this legislature to authorize the measure of collecting debts of such persons as contemplated in the resolution.

Ordered, That the House concur in said report.

The Speaker laid before the House the memorial of Edward G. Terrell and John D. Terrell; which memorial is in the following words:


116

To the honorable the House of Representatives of the State of Alabama,

The memorial of Edward G. Terrell and John D. Terrell respectfully showeth that by a combination of simple mechanical principles ( all of which as been tested for many years) they have perfected a model for the manufacture of Salt, it is believed not heretofore in use in any part of the world. Your memorialists make to the Legislature two distinct propositions; first, that the Legislature advance to your memorialists a sufficient sum to enable them construct such Salt works as will produce 24,000 bushels of Salt in one year, the sum of money so to be advanced, shall be well secured by good and sufficient security before paid over, and shall be repaid to the state in such reasonable time as the legislature may deem proper. The Salt thus made shall not be sold at the works for more than 75 cents per bushel, nor at any higher price in any part of the state, except the addition of reasonable freight, the well or wells shall be sunk sufficiently kerbed or walled. The necessary buildings put up in substantial style and the works left in such condition as will with certainty produce 24,000 bushels of salt within the time specified. On conditions like these your memorialists will accept a lease for ten years.

The 2d proposition is-- that your memorialists will secure to the state of Alabama their patent for the manufacturing of Salt, for 14 years, free of charges. That the Legislature advance to your memorialists, (upon their giving good security) a sum adequate to the completion of such Salt works as will produce 24,000 bushels in each year. If the works shall actually produce this quantity of merchantable Salt in each year, the money so advanced shall not be refunded, but a like sum, the proceeds of the works, shall go to the construction of other Salt works. The state (without expense) shall have one half the nett proceeds of all the Salt works, which may be put in operation by annual or semi-annual payments, as the Legislature shall prescribe, and your memorialists the other half during the term of time aforesaid.

The price of salt, the improvements, the condition of the works at the end of the term, or any other stipulation which may occur, can be settled at the pleasure of the General Assembly. To afford this necessary article to the citizens of almost every part of the state on terms more favorable than can be afforded from any other part of the world, forms an object of the first consideration. The profits accruing from the occupation of those waters, will not arise from buying low and selling high, but solely from the extraordinary mode of manufacture.

It is believe that five thousand dollars will be sufficient to carry the works fully into operation, so as to produce for the state's part $6,000 for every year they may be in operation and after the expiration of the patent, the state will receive, free of charges $12,000 annually. And here the House will please to indulge the remark, that to divert the progress of those waters, which for ages have been fruitlessly wandering to the ocean, thence deriving a strong and never failing revenue, presents an era in the fiscal relations of Alabama, which neither peace or war can affect. It is believed, therefore, that the wisdom and the patriotism of the House will at once distinguish whether this enterprize, seemingly bold and hazardous, be chimerical or based on principles perfectly tenable. If tenable, the results are correctly stated; if chimerical, we being bound by good security to refund, will have made the experiment at our own cost; the state can neither lose nor risk any thing, neither can the plan fail. Under a conscious conviction that your honorable body will determine on this question as in justice to the country belongs, your memorialists beg leave to express the peculiar pride they feel in presenting to this House the first and best fruits the reflection of many years. All which is most respectfully submitted.

December 17, 1823.

EDWARD G. TERRELL,

JOHN D. TERRELL.


117

Ordered, That said memorial be referred to a joint committee, to act with such committee as may be appointed on the part of the Senate: Whereupon, Messrs. Mead, Gayle, Moore, of Marion, and Tindall, were appointed said committee.

Mr. Miller from the committee on county boundaries, to whom was referred the petition of sundry inhabitants of Pickens county, reported a bill, to be entitled an act to fix permanently the seat of justice for Pickens county; which was read a first time, and ordered to be read second time.

Mr. Gayle, from the select committee, to whom was referred a bill to be entitled an act regulating appeals in criminal cases, reported said bill with the following amendments.

1st-- By striking out all of the second section after the word "record " which is these words: "and in like manner if any judge shall, on the trial of any criminal charge on matters of fact or argue thereon, further than to recapitulate the statement of witnesses such charge may, at the option of the defendant be incorporated in a bill of exceptions, to be signed and sealed by the judge.

2d-- By striking out the words "or tried de novo" where they occur in this manner said person or persons shall be discharged "or tried de novo" according to the judgment of the supreme court;" and the question being put on concurring with the first amendment, it was decided in the affirmative-- Yeas 34, Nays 19.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Speaker

Fleming

Lanier

Miller

Shotwell

Ashley

Goodhue

Merriwether

Phillips

Sargent

Barclay

Harvey

McLemore

Philpott

Skinner

Dennis

Hill, of T.

Moore of Mad.

Pickett

Tindall

Fields

Hill, of Bibb

Moore of Mar.

Perkins

Vining

Fitts

Jackson

Mardis

Salter

Weissinger-34

Fluker

Jones

McLaughlin

Sims

Those who voted in the negative, are:

Mr. Beck

Gayle

Lister

Manly

Peyton

Brown

Hardwick

McVay

Martin

Whitaker

Crenshaw

Harrison

Moore, of J.

Oliver

Young-19

Dale

King

Mead

Powell

Ordered, That said bill, with the second amendment be laid on the table.

A message from the Senate, by Mr. Lyon their secretary:

Mr. Speaker:-- The Senate have passed a bill, which originated in your honorable body, entitled an act to vest in the judge of the county court and commissioners of roads and revenue of the county of Henry, a certain portion of land for county purposes; which they have amended by adding a proviso thereto: in which they desire your concurrence.

They have passed a bill, originating in their House, entitled an act for the foreclosure of mortgages; in which they also desire your concurrence.

They concur in all the amendments made by your honorable body, to the bill, entitled an act to establish the bank of the state of Alabama. And then he withdrew.

A communication was received from the Governor, by Mr. Pleasants, secretary of state, which communication was in writing, and is as follows:


118

EXECUTIVE DEPARTMENT, December 18,1823.

Gentlemen of the Senate and of the House of Representatives,

I have received this day the resignation of the Hon. Clement C. Clay, a judge of the supreme court, and presiding judge of the fifth judicial circuit.

ISRAEL PICKENS

A further communication was received from the Governor, by Mr. Pleasants, secretary of state, notifying the House that the Governor did on this day approve and sign.

An act to authorize Sally B. Stevens, administratrix of Henry W. Stevens, deceased, to sell real estate,

An act to establish the permanent seat of justice in the county of Shelby; and

Memorial to Congress on the subject of pre-emption rights.

Mr. Mardis, from the select committee, to whom was referred the petition of Julius Chamberlin; reported a bill, to be entitled an act to permit Julius Chamberlin to vend goods in this state.

Mr. McConnico, from a select committee, to whom was referred the petition of the inhabitants of Claiborne and its vicinity, reported a bill, to be entitled an act to incorporate the trustees of Claiborne Academy; which bills were severally read a first time, and ordered to be read a second time to-morrow.

Ordered, That Mr. Gayle have leave of absence from this House for the remainder of the session, after to-morrow.

Mr. Mardis offered the following resolution: Resolved, That with the concurrence of the Senate, the members of both Houses do convene on Friday next, at the hour of 11 o'clock. A. M. for the purpose of selecting a site for the State University; and that the Senate be informed thereof.

Mr. Martin moved that said resolution lie on the table; which was carried-- Yeas 34, Nays 20.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Speaker

Fields

Jackson

McLaughlin

Sargent

Ashley

Fluker

King

Martin

Skinner

Beck

Fleming

Lister

Miller

Tindall

Brown

Gayle

McConnico

Oliver

Vining

Crenshaw

Harvey

Merriwether

Powell

Whitaker

Creagh

Hill, of T.

McLemore

Pickett

Weissinger-34

Dale

Hardwick

McVay

Salter

Those who voted in the negative, are:

Mr. Barclay

Hill, of B.

Moore of J.

Manly

Perkins

Dennis

Harrison

Moore of Mar.

Phillips

Sims

Fitts

Jones

Mardis

Philpott

Shotwell

Goodhue

Lanier

Mead

Peyton

Young-20

The House then adjourned till this evening 3 o'clock.

Three o'clock, P. M.

Mr. Martin obtained leave to introduce a bill to be entitled an act to repeal in part and amend an act entitled an act to incorporate the town of Athens, in Limestone county, passed Nov'r 19, 1818, which was read a first time, and ordered to be read a second time.

On motion of Mr. Pickett, Resolved, That the Governor be requested to communicate to this House, the substance of the contract with Henry Hitchcock, esquire, particularly as it related to the time when the printing of the Digest of the laws should commence; and the time it would take to complete the same, under the contract entered into with Messrs. Ginn and Curtis.

Mr. Shotwell presented the account of J. W. Hooper;

Mr. Hallett presented the account of Ebenezer Johnston, a cor-


119

oner; which were received, and severally referred to the committee on accounts.

Mr. Oliver, from the select committee, to whom was referred the report of the trustees of the University of Alabama, and the accompanying account of the secretary of the board: Reported bills of the following titles, to wit:

An act to authorize the president and trustees of the University of Alabama, to dispose of the lands belonging to said institution by admitting entries:

An act to prescribe the mode of collecting monies, due the univeristy: which were severally read a first time, and ordered to be read a second time to-morrow

On motion of Mr. Jackson, the House took up the bill, to be entitled an act to regulate appeals in criminal cases.

Mr. Weissinger moved, that the further consideration of said bill be indefinitely postponed: which was carried.--Yeas 29. Nays 24.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Beck

Harvey

Merriwether

Peyton

Sargent

Brown

Hill of B.

McLaughlin

Pickett

Skinner

Fields

Hardwick

Moore of Mad.

Perkins

Vining

Fitts

King

Moore of Mar.

Salter

Whitaker

Fluker

Lister

Oliver

Sims

Weissinger-29

Fleming

Lanier

Phillips

Shotwell

Those who voted in the negative, are:

Mr. Speaker

Dale

Harrison

Mardis

Philpott

Ashley

Dennis

Jackson

McLaughlin

Powell

Barclay

Goodhue

Jones

Manly

Smith

Crenshaw

Hallett

McVay

Martin

Tindall-24

Creagh

Hill of T.

Moore of J.

Miller

Ordered, That this House concur in the amendment made by the Senate, to the bill, entitled an act to vest in the judge of the county court and commissioners of roads and revenue of Henry, a certain portion of land, for county purposes.

Bill from the Senate, entitled an act for the foreclosure of mortgages, was read a first time, and ordered to be read a second time.

A bill, to be entitled an act regulating the construction of contracts; was read a second time, and referred to a select committee consisting of Messrs. Jones, Perkins and Oliver.

A bill from the Senate, entitled an act to authorize Thos. Wright, to emancipate certain slaves therein named; was read a third time, and the question being put, shall this bill pass? it was decided in the negative.

Yeas 24        Nays 29

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Ashley

Fluker

Lanier

Philpott

Skinner

Barclay

Fleming

McVay

Peyton

Vining

Crenshaw

Hallett

Moore of Mad.

Pickett

Whitaker

Dale

Hardwick

Moore of J.

Salter

Weissinger-24

Dennis

King

Martin

Sims

Those who voted in the negative, are:

Mr. Speaker

Goodhue

Jones

McLaughlin

Perkins

Beck

Harvey

Lister

Manly

Shotwell

Brown

Hill, of. T.

Merriwether

Miller

Sargent

Creagh

Hill of B.

McLemore

Oliver

Smith

Fields

Harrison

Moore, of Mar.

Phillips

Tindall-29

Fitts

Jackson

Mardis

Powell

On motion of Mr. Pickett, Resolved, with the concurrence of the Senate that the two Houses assemble in the Representatives Chamber, on to morrow at one o'clock P. M. for the purpose of electing a judge of the 5th judicial circuit.


120

And be it further resolved, that the west end of the House be set apart for the reception.

Ordered, That the clerk convey said resolution to the Senate.

A bill, to be entitled an act for the speedy trial of misdemeanors; was read a second time.

Mr. Manly moved, That the further consideration of said bill be indefinitely postponed; which was carried.

Yeas 29,       Nays 23.

The yeas & nays being called for those who voted in the affirmative, are:

Mr. Beck

Fitts

Jackson

Mardis

Salter

Brown

Fluker

Lister

Manly

Sims

Crenshaw

Goodhue

Merriwether

Martin

Smith

Creagh

Hallett

McLemore

Oliver

Tindall

Dale

Hill of T.

Moore of J

Pickett

Vining-29

Dennis

Hill of B.

Moore of Mar.

Perkins

Those who voted in the negative, are:

Mr. Speaker

Harrison

McVay

Philpott

Skinner

Ashley

Hardwick

Moore of Mad.

Powell

Whitaker

Barclay

Jones

McLaughlin

Peyton

Weissinger-23

Fields

King

Miller

Shotwell

Harvey

Lanier

Phillips

Sargent
 

Bill from the Senate, entitled an act to incorporate the Huntsville Library Company; was read a first time, and ordered to be read a second time to-morrow.

Bill from the Senate, entitled an act to divorce Samuel Payne, from his wife Elizabeth Payne; was read a third time, and ordered to lie on the table.

Bill from the Senate, entitled an act to divorce Dorcas Walker, from her husband Noah Walker; was read a third time, and ordered to lie on the table.

On motion of Mr. Martin, the House took up the bill, entitled an act to divorce Kelly Steigall from his wife Nancy Steigall, in pursuance of the decree of the circuit court of Limestone county, exercising chancery jurisdiction; said bill being on its third reading, and the question being put, shall this bill pass? it was decided in the negative.

Yeas 13,    Nays 36.

Those who voted in the affirmative, are:

Mr. Ashley

Hallett

Mardis

Peyton

Whitaker-13

Barclay

King

Miller

Perkins

Goodhue

Moore, of J.

Oliver

Smith
 

Those who voted in the negative, are:

Mr. Speaker

Fitts

Jones

Manley

Tindall

Beck

Fluker

Lister

Phillips

Vining

Brown

Fleming

Merriwether

Powell

Weissinger

Creagh

Harvey

McLemore

Salter

Young-36

Crenshaw

Hill of Bibb,

McVay

Sims

Dale

Harrison

Moore, of Mad.

Shotwell
 

Dennis

Hardwick

Moore of Mar.

Sargent
 

Fields

Jackson

McLaughlin

Skinner
 

We whose names are hereunto subscribed having voted in the negative on the adoption of the Preamble and Resolutions relative to the selection of Gen. Andrew Jackson to the Presidency of the United States, avail our selves of the constitutional privilege of spreading on the Journals, and thereby transmitting to our constituents, to the world and to posterity, our reasons for dissenting in opinion with gentlemen for whose political virtue and disinterested integrity, we entertain profound respect.

We neither condemn nor censure the opinion of those who voted in the affirmative; nor do we intend any detraction from the well earned character and splendid reputation of Gen. Andrew Jackson. We view him as a sound politician, a true republican and a firm friend to the rights of man.


121

But acting as we are, under all the moral obligations and solemnities of an oath, we offer to a candid and impartial public, the following reasons, to wit: 1st, We think the adoption of the said resolutions as contrary to the spirit and meaning of that part of the constitution which is in the words following "The privilege of free suffrage, shall be supported by laws regulating elections & prohibiting under adequate penalties, all undue influence thereon, from power, bribery, tumult or other improper conduct. Article 6th section 5th, all the rights and powers not granted to either of the departments of government, are reserved by the constitution to the people:" and no where in that instrument is power given to the legislature to determine by law, resolution or otherwise, who the people should vote for as President of these United States. We believe that by the adoption of those Resolutions, we go beyond the power committed, and transcend the trust delegated, by usurping authority and influence to effect an object not confided to us by our constituents.

2d, In our Legislative capacity, to give assistance to a candidate in obtaining an office, the highest within the gift of the people, is a species of electioneering much more dangerous to the government than the progressive electioneering of individuals for minor offices, which is so generally deprecated and dreaded.

3d, We have no general expression from our constituents authorizing the declarations contained in the resolution

Hardin Perkin

Z. Merriwether

John L. Tindall

Wm. Fluker

Julius H. Sims

James H. Fitts

Samuel W. Oliver

Samuel Haines

John Beck

Geo. Weissinger

John W. Smith

J.D. Lister

John McLaughlin

Geo. Phillips

Charles A. DennisW

W. McConnico

 Isham Harrison
 

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