Monday, December 19, 1825

Engrossed bill to be entitled an act, to incorporate the town of Blountsville, in the county of Blount, was laid on the table.

Engrossed bill from the Senate, to be entitled an act, providing for the removal of certain public offices to the town of Tuskaloosa, was read a first time, and ordered to be read a second time.

Bills of the following titles, to wit:   An act altering the manner of executing writs of scire facias; An act for the relief of Leasa Lewis; An act to establish the boundary lines between certain counties therein named; An act to incorporate the Moulton library company, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act, to authorize Harvey Dillahunty, administrator of John L. Viser, deceased, to sell the certificate of quarter section of land therein described, was read a second time. Mr. McLemore moved that the further consideration thereof be indefinitely postponed; which was carried.

Bills of the following titles, to wit:   An act to provide for the payment of petit jurors in the counties of Blount and Montgomery, and for other purposes; an act for the relief of Lewis Houser, were ordered to lie on the table.

A bill from the Senate to be entitled an act to repeal an act entitled an act respecting bail in civil cases, was read a first time and referred to the judiciary committee.

Engrossed bill from the Senate to be entitled an act to alter and amend the several laws now in force in this state to suppress the evil practice of duelling, was read a second time. Mr. McLemore moved that the further consideration thereof be postponed till the first day of June next, which was determined in the negative- Yeas 22, nays 35.

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

Mr. Brandon

Creagh

Lewis

Saffold

Weissinger

      Bridges

Fitzpatrick

Mardis

Shotwell

Watson- 22.

      Coleman

Fluker

McLemore

Sims

      Conner

Jones

McNeill

Vining

      Coopwood

King

Pickens

Warren

 


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Those who voted in the negative, are

Mr. Speaker

Brown

Dupuy

Lyon

Peyton

      Armbrister

Coalter

Edmondson

Martin of F.

Thornton

      Bailey of Mt.

Coe

Hallett

Martin of La.

Tindall

      Barton of Mo.

Cook

Heard

Martin of Li.

Vaughan

      Baylor

Crenshaw

Hickman

Moore

Walthall

      Baxter

Davis

Inge

Neill

White

      Benson

Dellett

Lambert

Oliver

Williams- 35

Mr. Coalter then moved that the same bill be referred to the judiciary committee, which was carried.

On motion of Mr. Dellett, Resolved, that the comptroller of public accounts lay before this House a statement showing the amount of money paid to individuals who have been employed under the authority of this state as civil engineers or for the purpose of examining and reporting respecting certain water courses in this state, and the improvement necessary to be made to render them navigable, and the amount and date of each payment.

Engrossed bill from the Senate to be entitled an act to repeal in part an act, passed Dec. 1825, declaring Flint Rock river in Morgan county, a public highway, was read a third time and passed. Ordered that the title be as aforesaid. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bills from the Senate of the following titles, to wit:   An act to repeal an act, passed Dec. 31, 1823, appropriating the monies arising from fines and forfeitures in Madison county to Green academy; an act to repeal an act entitled an act to regulate proceedings in chancery suits; an act to provide a speedy remedy against the obligors in injunction bonds; an act declaring Big Loss creek a public highway, were severally read a second time and ordered to be read a third time.

Mr. Lambert obtained leave to introduce a bill to be entitled and an act to authorize the raising by lottery a sum of money for the purpose therein specified, which was read a first time, and ordered to be read a second time.

Engrossed bill from the Senate to be entitled an act the better to procure money in the hands of clerks, sheriffs and coroners, was read a 2d time and referred to the judiciary committee.

Mr. Oliver obtained leave to introduce a bill to be entitled an act to establish a supreme court and courts of chancery, which was read a 1st time and ordered to be read a 2d time. Ordered that 100 copies thereof be printed for the use of this House.

The House resumed the consideration of Mr. Oliver's motion to reconsider a vote given on Friday last, to indefinitely postpone a bill to be entitled an act to alter the mode of appointing assessors and tax-collectors, which was carried. The question was then taken on the indefinite postponement, which was determined in the negative - yeas 27, nays 31.

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

Mr.Speaker

Conner

Fluker

Lewis Lyon

Pickens

      Barton of Mo.

Creagh

Hallett

Mardis

Tate

      Barton of Tus.

Crenshaw

Hickman

Martin of Li.

Thornton

      Baylor

Dellett

Inge

Moore

Tindall

      Coalter   Coe

Edmondson

Lambert

Oliver

Williams- 27.

Those who voted in the negative, are

Mr. Armbrister

Baxter

Brandon

Brown

Cook

      Bailey of Mt.

Benson

Bridges

Coleman

Coopwood

 


93

 

Davis

Heard

McNeill

Sims

Warren

Dupuy

Jones, King

Neill

Shotwell

Watson

Fitzpatrick

Martin of La.

Peyton

Vaughan

Weissinger

Greening

McLemore

Saffold

Vining

White-31

 

The said bill was then referred to a select committee, consisting of Messrs Davis, Benson and Baxter to consider and report thereon.

On motion of Mr. Martin of La. Resolved that the judiciary committee be instructed to inquire into the expediency of passing a law authorizing the defendants in all criminal cases to take a writ of error or an appeal in the nature of a writ of error from any final judgment rendered by the circuit courts against such defendant or defendants, and that said committee report by bill or otherwise.

The House took up the report of the joint committee appointed by both Houses of the general assembly, to inspect the general accounts or books of the State Bank, with full powers to send for persons and papers. Ordered that the same be referred to a committee of the whole house on tomorrow. The House adjourned till half past 2 o'clock.

Evening Session - half past 2 o'clock. Mr. Conner obtained leave to introduce a bill to be entitled an act to incorporate the town of Pickens in Pickens county, which was read a first time, and ordered to be read a 2d time. The Speaker laid before the House the record and proceedings of the circuit court of Greene county exercising chancery jurisdiction in the case of Sarah Wall vs. James Wall for divorce, which was read and referred to the committee on divorce and alimony.

Mr. Bridges presented the petition of sundry inhabitants of Wilcox county, praying the passage of a law, to add part of Wilcox county to Butler county; which was read and referred to the committee on county boundaries.

Bills of the following titles, to wit:   An act to divorce Asa Gough from his wife Sally Gough; An act to amend an act, entitled an act to establish a certain county therein named, and for other purposes, passed Dec. 22, 1824; An act declaring Paint Rock river of Jackson county, a public highway; An act to amend an act, entitled an act to establish a certain road therein named; An act authorizing Wm. R. Parker to emancipate a certain slave therein named; An act concerning taxes in Mobile county; An act to divorce Wm. Roundtree from Sally Roundtree, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act, to authorize certain person therein mentioned, to sell and transfer land certificates. Mr. Baylor moved that the further consideration thereof be indefinitely postponed, which was carried.

Mr. Mead presented the petition of sundry inhabitants of Blount county, praying that Vestal Beeson, a justice of the peace of said county, be removed from office, which with the accompanying documents was referred to a select committee, consisting of Messrs. Barton of Tusk. Oliver and Creagh.

A bill to be entitled an act, for the relief of James Frazier, late tax collector of Franklin county, was read a second time, and referred to the committee on accounts.

Engrossed bill, to be entitled an act, to authorize administrators of the estate of John Bell, deceased, late of the county of Conecuh, to convey certain real estate therein named, was read a third time, and


94

the question being put, shall the bill pass? it was determined in the affirmative. Yeas 35, nays 24.

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

Mr. Speaker

Cook

Greening

Martin of Fr.

Saffold

       Bailey of Mt.

Coopwood

Hallett

Martin of La.

Vaughan

       Barton of Mo.

Davis

Heard

McLemore

Vining

       Brandon

Dupuy

Jones

McNeill

Walthall

       Bridges

Edmondson

King

Morton

Warren

       Brown

Fitzpatrick

Lambert

Oliver

Weissinger

       Coe

Fluker

Lewis

Peyton

White- 35

Those who voted in the negative, are

Mr. Armbrister

Coalter

Dellett

Moore

Thornton

       Barton of Tus

Coleman

Inge

Pickens

Tindall

       Baylor

Conner

Mardis

Shotwell

Watson

       Baxter

Creagh

Martin of Li.

Sims

Williams- 24

       Benson

Crenshaw

Mead

Tate

Mr. Greening moved to amend the title of the bill in the following words:   an act for the relief of Henry Fontaine; which was carried.

Ordered that the title be changed from that of a bill to that of an act.

Ordered that the same be sent to the Senate for their concurrence.

Mr. Martin offered the following resolution:   Resolved that the judiciary committee be instructed to inquire into the expediency of establishing a penitentiary in this state; which was lost. Yeas 17, nays 40.

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

Mr. Armbrister

Barton of Tus

Brandon

Hallett

Morton

       Bailey of Mt.

Baylor

Coe       Cook

Heard

Peyton Tate

       Barton of Mo.

Baxter

Edmondson

Lambert

Thornton- 17.

 

Those who voted in the negative, are

Mr. Speaker

Crenshaw

Jones

McLemore

Vaughan

       Benson

Davis

King

Moore

Vining

       Bridges

Dellett

Lewis

Neill

Walthall

       Brown

Dupuy

Mardis

Pickens

Warren

       Coleman

Fitzpatrick

Martin of Fr.

Saffold

Watson

       Coalter

Fluker

Martin of Li.

Shotwell

Weissinger

       Coopwood

Greening

Martin of La.

Sims

White

       Creagh

Inge

Mead

Tindall

Williams, 40.

A bill to be entitled an act the more effectually to secure the payment of costs of suits instituted in this state, was read a second time and referred to the judiciary committee.

A bill to be entitled an act to locate permanently the University of the state of Alabama, was taken up and referred to a committee of the House on Thursday next.

Resolution proposing certain amendments to the constitution of the state of Alabama, was read a second time. Mr. Martin of Limestone moved that the further consideration thereof be postponed until the first day of June next, which was lost- Yeas 25, nays 33.

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

Mr. Speaker

Brown

Dupuy

Martin of Li.

Thornton

       Armbrister

Coalter

Heard

Moore

Tindall

       Barton of Tus

Conner

Inge

Neill

Walthall

       Baxter

Creagh

Mardis

Oliver

Williams- 25

       Bridges

Dellett

Martin of Fr.

Sims

Those who voted in the negative, are

Mr. Bailey of Mt.

Baylor

Benson

Coleman

Coopwood

       Barton of Mo.

Benson

Coe

Cook

Crenshaw

 


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Davis

Jones

McLemore

Shotwell

Watson

Edmondson

King

Morton

Tate

Weissinger

Fitzpatrick

Lambert

Peyton

Vaughan

White- 33

Greening

Martin of La.

Pickens

Vining

Hallett

Mead

Saffold

Warren.

Ordered that the same be referred to a committee of the whole house on Monday next. The House adjourned till to-morrow morning 10 o'clock.