104

Thursday, Dec. 22, 1825.

Mr. Mardis presented the petition of sundry inhabitants of Shelby county, praying the passage of a law, to alter and lay out a road therein mentioned; which was read and referred to the committee on roads, bridges and ferries.

Mr. Barton of Mobile, presented the petition of sundry inhabitants of Mobile county, praying the passage of a law appointing commissioners to lay out a road therein mentioned; which was read and referred to the committee on roads, bridges, and ferries.

Mr. Crenshaw presented the account of Stephen Miller; which was read and referred to the committee on accounts.

On motion of Mr. Barton of Tusk., Resolved, that the special committee to whom was referred the petition of sundry citizens of Blount county with the accompanying documents praying the impeachment and removal of Vestal Beeson, a justice of the peace for said county, for malpractices in office, be, and they are hereby empowered to call before them and examine under oath, to be administered by the chairman any witness or witnesses, relative to the charge contained in this said petition and documents.

A message from the Senate, by Mr. Lyon their secretary. The Senate have read three times, and passed bills which originated in their House entitled an act to locate the seat of justice for Fayette county; An act concerning the Tombeckbe bank; An act to amend an act entitled an act concerning dower; An act to amend an act entitled an act, regulating judicial proceedings, and for other purposes; And an act to amend the act entitled an act, to prevent immoral and disorderly conduct at places of religious worship; in all of which they desire your concurrence. They have also read three times, and passed a bill which originated in your honorable body, entitled an act to compensate county clerks for paying printer's fees for publishing the appraisement of certain strays and for other purposes; and have amended the same by striking out all after the enacting clause, and substituting the accompanying section in lieu thereof; in which amendments they desire your concurrence.  And then he withdrew.

Mr. Morton, from the select committee, to whom was referred a resolution, proposing certain amendments to the constitution of the state of Alabama, reported the same with sundry amendments; in which report the House concurred.

Mr. Saffold from the select committee, to whom was referred the petition of sundry inhabitant of the town of Cahawba, reported a bill to be entitled an act for the relief of the purchasers of lots in the town of Cahawba, which was read a first time & ordered to be read a 2d time Mr. Martin of Fr. to whom was referred the petition of sundry citizens, reported a bill to be entitled an act to incorporated the New Orleans and Tuscumbia Steam-boat company, which was read a 1st time and ordered to be read a 2d time.

Mr. Davis obtained leave to introduce a bill to be entitled an act to authorize certain persons therein named to raise by lottery a certain sum of money for the purposes therein mentioned, which was read a first time and ordered to be read a 2d time.

A message from the governor by J. I. Thornton, esq. secretary of state.

To the Hon. the Speaker and Members of the House of Representatives,

GENTLEMEN-I have the honour herewith to transmit the resignation of Thomas Waite, Attorney-General of this state.

I am, very respectfully, &c.                   JOHN MURPHY.


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Mr. Crenshaw obtained leave to introduce a bill to be entitled an act for the relief of Walter Drew, John Gayle, sen. and Wade H. Greening, which was read a first time and the rule which requires bills to be read on three several days being dispensed with, and that this bill be read a 2d time forthwith, and the question being put shall this bill be read a 2d time, 4-5 ths voting in the affirmative, it was carried:   said bill was then read a 2d time and referred to the judiciary committee.

Mr. Barton of T. offered the following resolution:   Resolved, the Senate concurring that a select committee of three members be elected by a vote of this House to unite with such committee as may be appointed in like manner on the part of the Senate, who shall and are hereby empowered under the injunction of secrecy, to inspect all the books, accounts, evidences of debts, &c. of the Bank of the state of Alabama, so far as the same may be necessary to a full development of its condition, without being prejudicial to the public interests. And be it further resolved, that the said committee shall be and they are hereby required to report to the general assembly any case or cases, if such there be, of imposition on the directors or of mismanagement in the concerns of the Bank:   whether such mismanagement has arisen from a departure from the spirit or letter of the charter, or otherwise; provided nevertheless that nothing herein contained shall imply the right of said committee to report to the general assembly the situation of any private debtor or creditor of the Bank, or the names of such private debtors or creditors, unless their situation or names are palpably connected with some fraud or imposition on the part of borrowers, or some imputed mismanagement or violation of the charter or the part of the directory or officers of the institution.  And be it further resolved that in case the said committee shall be of opinion that there has been any mismanagement of the concerns of the Bank, or a violation of its charter, or imposition practiced on the directory, that it shall be their duty or of some one of the, previous to making their report of the instance or instances in which such imputed mismanagement or violation has occurred to give notice to the two houses of the general assembly respectively, that it is the intention of the committee to make a report implicating the directory or officers of the institution, or both, or of developing an imposition practised on the directory, whereupon said report shall be received with closed doors, nor shall there be a public or private disclosure of the same, unless both houses of the general assembly shall concur in the reports of their respective committees, or the disclosure shall only extend to such part of such report as to which both houses may have concurred with their respective committees. And be it further resolved, that the injunction of secrecy imposed on the committee as aforesaid shall not be removed unless by a joint resolution of both houses of the general assembly. And be it further resolved that the committee on the part of this house shall previous to entering upon the duties assigned them, take and subscribe the following oath, to be administered by the Speaker of the House of Representatives, and a like oath to be administered by the President to the committee on the part of the Senate:   "We, A B, C D, and E F, in the presence of Almighty God, do solemnly swear that we will fairly, carefully and faithfully inspect the books, accounts and evidences of debt, &c. of the Bank of the state of Alabama; that we will freely communicate and receive

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from the directors or any one of them, or the officers of the Bank, or any one of them, such explanations as he or they may offer to make, as to any imputed misconduct or violation of the charter, in the management of the concerns of the said Bank;  that in the discharge of said duty, and in such report as we may make or recommend to be made, we will neither be governed nor influenced by favor or partiality, hostility or prejudice, but with a single regard to the public interest, and that we will not or either of us disclose, in any way to any person or persons whomsoever, except it be to the general assembly or this house and in such manner and form, time and place as it may prescribe, any information of the condition of said Bank, or of the private debtors or creditors, which may be imparted to us in consequence of our peculiar authority and instruction as members of this committee." Mr. Martin of L. offered to amend the proviso of said resolution, by inserting between the word to and the word report the words inspect or, which was lost:    Mr. Martin moved that said resolution lie on table, which was determined in the negative- Yeas 21- nays 41.

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

Mr. Bailey of Mt.

Coe

Inge   Jones

Mead

Thornton

       Bailey of La.

Conner

Lambert

Morton

Walthall

       Barton of Mo.

Creagh

Mardis

Oliver

White

       Coalter

Hickman

Martin of Fr.

Tate

Williams- 21.

Those who voted in the negative, are

Mr. Speaker

Brown

Edmondson

Martin of Li.

Shotwell

        Armbrister

Coleman

Fitzpatrick

McLemore

Sims

        Barton of Tus

Cook

Fluker

McNeill

Tindall

        Baxter

Coopwood

Greening

Moore

Vaughan

        Benson

Crenshaw

Heard

Neill

Vining

        Brandon

Davis

King

Peyton

Warren

        Bridges

Dellett

Lewis Lyon

Pickens

Watson

        Broadnax

Dupuy

Martin of La.

Saffold

Weissinger- 41.

Mr. Morton moved to amend the same by striking out there from the words of the oath required to be taken by said committee, which was determined in the negative- Yeas 22- nays 39.

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

        Bailey of L.

Coalter

Inge

Moore

White

        Bailey of Mt.

Coe

Jones

Morton

Williams- 22

        Barton of Mo.

Cook

Lambert

Oliver

        Baxter

Creagh

Mardis

Tate

        Broadnax

Hickman

Mead

Thornton

Those who voted in the negative are

Mr. Speaker

Conner

Fluker

McLemore

Tindall

        Armbrister

Coopwood

Greening

McNeill

Vaughan

        Barton of Tus

Crenshaw

Heard

Neill

Vining

        Benson

Davis

King

Peyton

Walthall

        Brandon

Dellett

Lewis

Pickens

Warren

        Bridges

Dupuy

Martin of Li.

Saffold

Watson

        Brown

Edmondson

Martin of Fr.

Shotwell

Weissinger- 39

        Coleman

Fitzpatrick

Martin of La

Sims

Mr. Barton of T. moved to amend the same, viz. the first resolution, by adding after the words "evidences of debt," the words "specie and bank notes on hand ;" which was carried. Mr. Hickman moved to amend the same, viz the second resolution, by inserting after the words Gen. Assembly, the words "the amount of specie and bank notes on hand, distinguishing the amount of cash" which was carried.

Mr. Barton of T. moved the following amendment, that part of the resolution


107

relating to the oath to be taken by the committee, by striking out the words "and subscribed ;" which was carried.

Mr. Williams moved to amend the same, viz:   the 1st resolution, by striking out the word "select" and inserting in lieu thereof the word "joint," which was determined in the negative. Yeas 21, nays 41.

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

Mr. Bailey of Mt.

Coalter   Coe

Hickman

Mardis

Tate

       Bailey of La.

Creagh

Inge

Mead

Thornton

       Barton of Mo.

Conner

Jones

Morton

Walthall

       Baylor

Hallett

Lambert

Neill

Williams 21

Those who voted in the negative, are

Mr. Speaker

Brown

Edmondson

Martin of Li.

Shotwell

       Armbrister

Coleman

Fitzpatrick

McLemore

Sims

       Barton of T.

Cook

Fluker

McNeill

Tindall

       Baxter

Coopwood

Greening

Moore

Vaughan

       Benson

Crenshaw

Heard

Oliver

Vining

       Brandon

Davis

King   Lewis

Peyton

Watson

       Bridges

Dellett

Martin of Fr.

Pickens

Weissinger

       Broadnax

Dupuy

Martin of La.

Saffold

White   41.

The question was then put on the adoption of the resolution as amended, and determined in the affirmative. Yeas 43, nays 21.

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

Mr. Speaker

Coleman

Fitzpatrick

McLemore

Thornton

       Armbrister

Cook

Fluker

McNeill

Tindall

       Barton of Tus

Conner

Greening

Moore

Vaughan

       Baxter

Coopwood

Heard

Oliver

Vining

       Benson

Crenshaw

King

Peyton

Warren

       Brandon

Davis

Lewis

Pickens

Watson

       Bridges

Dellett

Lyon

Shotwell

Weissinger 43

       Broadnax

Dupuy

Martin of Fr.

Saffold

       Brown

Edmondson

Martin of La.

Sims

Those who voted in the negative, are

Mr. Bailey of L.

Coalter   Coe

Inge

Martin of La.

Tate

       Bailey of Mt.

Creagh

Jones

Mead

Walthall

       Barton of Mo.

Hallett

Lambert

Morton

White

       Baylor

Hickman

Mardis

Neill

Williams - 21

Ordered, That Mr. Dellett and Coalter be added to the select committee appointed to examine into and investigate the conduct of Vestal Beeson, a justice of the peace of Blount county.

The House adjourned till three o'clock this evening.

Evening Session, 3 o'clock- The House agreeable to a resolution adopted, proceeded to the election of a select committee, to act with such committee as may be appointed on the part of the Senate, to examine into the affairs of the State Bank. Mr. Creagh, Dellett, Greening, Vining, Hickman and Hallett being in nomination for Mr. Creagh, 36; Mr. Dellett, 44; Mr. Greening, 23; Mr. Vining, 33; Mr. Hickman, 11; Mr. Hallett, 39. Mr. Creagh having received 36 votes, Mr. Dellett having received 44 votes, and Mr. Hallett 39 votes, Mr. Speaker therefore declared them elected said committee.

On motion of Mr. Williams, Resolved, that this House with the concurrence of the Senate, will on Friday, the 23d instant, at the hour of three o'clock, P. M. proceed to elect an attorney general, and a solicitor for the second judicial circuit at which time the Senate are requested to attend in the Representative hall. Mr. Dellett moved to amend the same, by adding "circuit judges for the several circuits in this state;" which was carried. Yeas 33, nays 28.

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

Mr. Speaker

Barton of Mo.

Baxter

Brandon

Creagh

      Armbrister

Baylor

Benson

Cook

Crenshaw

 


108

       Davis

Hickman

Martin of Fr.

Peyton

Walthall

       Dellett

Inge

Martin of Li.

Pickens

Warren

       Fitzpatrick

King

McLemore

Saffold

Watson- 33.

       Fluker

Lambert

McNeill

Sims

       Hallett

Lyon

Neill

Tindall

Those who voted in the negative, are

Mr. Bailey of L.

Coalter

Edmondson

Morton

Vining

       Bailey of Mt.

Coe

Greening

Oliver

Weissinger

       Barton of Tus

Coleman

Heard

Shotwell

White

       Bridges

Conner

Jones

Tate

Williams- 28

       Broadnax

Coopwood

Lewis

Thornton

       Brown

Dupuy

Mead

Vaughan

Mr. Coopwood moved to strike out Friday, and insert Wednesday; which was lost. Yeas 24, nays 39.

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

        Bailey of L.

Coe

Dupuy

Mead

Vaughan

        Bridges

Coleman

Edmondson

Morton

Vining

        Broadnax

Cook

Greening

Peyton

Weissinger

        Brown

Coopwood

Heard

Shotwell

White- 24

        Coalter

Davis

Lewis

Tate

Those who voted in the negative, are

Mr. Speaker

Brandon

Inge

McLemore

Thornton

        Armbrister

Creagh

Jones

McNeill

Tindall

        Bailey of Mt.

Crenshaw

King

Moore

Walthall

        Bailey of Mo.

Dellett

Lambert

Neill

Warren

        Barton of Tus

Fitzpatrick

Lyon

Oliver

Watson

        Baylor

Fluker

Mardis

Pickens

Williams, 39

        Baxter

Hallett

Martin of Fr.

Saffold

        Benson

Hickman

Martin of L.

Sims

Mr. Davis moved to insert "Tuesday, at the hour of two o'clock ;" which was carried.

Mr. Barton of T. moved to amend the same, by adding "a Comptroller and Treasurer ;" which was carried.

Mr. Williams moved to amend the same, by striking out the words "an attorney general and solicitor for the second judicial circuit ;" which was carried.

On motion of Mr. Williams, Resolved, that this House, with the concurrence of the Senate, will, on Friday the 23d instant at the hour of 7 o'clock, P. M. proceed to elect an attorney general and solicitor for the second judicial circuit, at which time the Senate are requested to attend in the Representative Hall. The House adjourned till 10 o'clock to-morrow morning.