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Wednesday, Dec. 28, 1825.

The Speaker laid before the House of Representatives a report of the board of trustees of the University of Alabama, which was read and referred to the committee on schools, colleges and universities and school and university lands.

Ordered that 160 copies thereof be printed for the use of this House.

Message from the Governor, by J. I. Thornton, secretary of state:   

EXECUTIVE DEPARTMENT, DECEMBER 28, 1825.

To the honorable the Speaker and members of the House of Representatives,

GENTLEMEN- I have the honor herewith, to transmit you the resignation of Judge Minor, of the fifth judicial circuit. I have also received a letter from Dr. Webb, and sundry accounts relating to the expenditures at the reception of Gen. Lafayette; which I beg leave to submit to your consideration.

I have the honor to be, very respectfully, &c.                 JOHN MURPHY.

And then he withdrew.

Resolution proposing certain amendments to the constitution of the state of Alabama, was ordered to be engrossed for a 3d reading.

Mr. Mead from the select committee to whom was referred a bill to be entitled an act to extend the criminal jurisdiction of St. Clair county into the Creek nation and for other purposes, reported the same with sundry amendments, in which the House concurred.

Mr. Coalter from the committee on schools, colleges and universities and school and university lands, to whom was referred the petition of sundry inhabitants of Greene county, praying the passage of a law authorizing the sale of the 16th section therein named, reported that there is a bill in progress before this House making general provisions, embracing this object, and that it is inexpedient to pass a special law on that subject, in which report the House concurred.

Mr. Coalter from the committee on schools, colleges and universities, and school and university lands, to whom was referred the petition of sundry inhabitants of Lauderdale county, praying the passage of a law authorizing them to remain in possession for the term of a reasonable lease, reported that it is inexpedient to pass such a law; in which report the House concurred.

Mr. Mardis presented the account of Ezekiel Webb; which was read and referred to the committee on accounts.

Mr. Hallett presented to the account of Robert Carr Lane; which was read and referred to the committee on accounts.

Mr. Dellett from the judiciary committee, to whom was referred a bill to be entitled an act for the better securing the payment of rents, and to regulate the practice of suing out writs of replevin, within the corporate limits of the city of Mobile, reported the same without amendment.

Mr. Dellett, from the judiciary committee, to whom was referred a bill to be entitled an act to authorize copies of official bonds to be given in evidence, in the several courts of law and equity in this state, reported the same without amendment.

Mr. Dellett, from the judiciary committee, to whom was referred a resolution instructing them to inquire into the expediency of authorizing the appointment of a jurist learned in the law, to prepare a penal code for this state, on principles of reformation and not of vindictive justice, reported a bill to be entitled an act to prepare a penal and civil code for the state of Alabama;  which was read a first time, and the question being put, shall this bill be read a second time? it was determined in the negative.

 


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Mr. Dellett, from the judiciary committee, to whom was referred a bill to be entitled an act to allow merchants, physicians, shop-keepers, mechanics and others to prove their accounts, reported the same without amendment.

Mr. Creagh presented the petition of Williams Kelly, praying the passage of a law allowing compensation as counsel; which was read and referred to the committee on accounts.

Mr. Dellett, from the judiciary committee, to whom was referred a bill to be entitled an act to restrain the taking excessive usury, reported the same without amendment.

Mr. Dellett, from the judiciary committee, to whom was referred a resolution directing them to inquire into the expediency of authorizing by law, defendants, in all cases, to plead a partial failure of consideration, reported, that it would be inexpedient to pass the law contemplated by the resolution. Which was ordered to lie on the table.

Joint resolution, relating to the dividing line between this state and the state of Georgia, was read a second time and ordered to be engrossed for a third reading.

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

Mr. Martin of Laud. moved to amend the same by adding, after the word "before," the words "or any time during the pendency of said suit;" which was carried. Mr. Brown moved that the further consideration thereof be indefinitely postponed; which was carried.

A bill, entitled an act for procuring the necessary surveys, plans and estimates upon the subject of canals, and for improving the navigable waters of this state, was read a second time. Mr. Weissinger moved to amend the same by adding "and the Cahawba river, as far as the falls;" which was carried. Mr. Davis moved to amend the second section by adding "and the Buttahatche, as far as Johnson's mills; which was carried.

Mr. Morton moved that the further consideration of the bill be indefinitely postponed; which was carried- Yeas 37, nays 23.

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

Mr. Armbrister

Coleman

Edmondson

McLemore

Shotwell

      Bailey of La.

Cook

Fitzpatrick

McNeill

Sims

      Benson

Conner

Fluker

Moore

Tindall

      Brandon

Creagh

Greening

Morton

Walthall

      Bridges

Crenshaw

Jones King

Neill Oliver

Warren

      Broadnax

Dellett

Martin of Li.

Pickens

Watson

      Brown

Dupuy

Mead

Saffold

Williams- 37

Those who voted in the negative, are

Mr. Speaker

Baxter

Hallett

Mardis

Vaughan

       Bailey of Mt.

Coalter

Hickman

Martin of Fr.

Vining

       Barton of Mo.

Coe

Inge

Martin of La.

Weissinger 23

       Barton of T.

Coopwood

Lambert

Peyton

       Baylor

Davis

Lewis

Tate

Message from the Governor by J. I. Thornton, secretary of state, and is as follows to wit:   Mr. Speaker I am instructed by the governor to inform your honorable body that he did this day approve and sign an act to provide for the appointment of an overseer in the towns of St. Stephens, Rodney and Franklin; an act to provide for an extra term of the circuit court in Mobile and Baldwin counties; an act to authorize the county courts of Morgan county to make an allowance therein mentioned; and a joint resolution in relation to a grant of land by


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congress to the corporation of the city of Mobile:   all of which originated in this House.And then he withdrew.  The House adjourned for one hour.

Mr. Coalter from the committee on schools, colleges and universities and school and university lands to whom was referred a communication of the board of trustees of the university of Alabama, reported a bill to be entitled an act reversing from sale the university lands in the county of Tuscaloosa, which was read a first time; and the rule which requires bills to be read on three several days being dispensed with, four-fifths of the members present voting in the affirmative, it was read a second time forthwith, and ordered to be engrossed for a third reading.

The Speaker laid before the House a communication from the comptroller of public accounts, which is as follows:

Comptroller's Office, December 20, 1825.

SIR:   In obedience is a resolution of the House of Representatives of yesterday, requiring the comptroller of public accounts to lay before the house a statement showing the amount of money paid to individuals who have been employed under the authority of this state as civil engineers in 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. I have the honor to report that the only sum drawn from the treasury of this state for the above purposes was in favor of Wm Dunn under the authority of an act of 3d Dec 1821, for examining the Black Warrior river above the town of Tuscaloosa. The amount of this sum was one hundred and twenty dollars, which was drawn from the treasury on the 6th Dec. 1821.

I am very respectfully your ob't                         SAMUEL PICKENS.

Hon. Wm. Kelly speaker of the House of Reps.

Which was  laid on the table.

Engrossed bill from the Senate to be entitled an act for the relief of Thomas Hearn was read a first time and ordered to be read a 2d time.

Mr. Baylor obtained leave to introduce a bill to be entitled an act to authorize the judges of the circuit courts in certain cases to order jurors to be empannelled, which was read a first time and ordered to be read a 2d time.

Engrossed bill from the Senate to be entitled an act to alter the line of Madison and Jackson counties, was read a 3d time and passed. Ordered that the clerk acquaint the Senate thewith.

Engrossed bills of the following titles, to wit:   A joint resolution memorializing Congress in relation to certain public works therein named; An act to alter the manner of electing major and brigadier generals; An act to provide for the appointment of a public weigher in the town of Blakely; An act to authorize certain persons therein named to raise by lottery a certain sum of money for the purpose therein named; An act to establish and incorporate the town of Sommerville in the county of Morgan, were severally read a 3d time and passed. Ordered, that the titles be changed from that of bills to that of acts. Ordered, that the same be sent to the Senate for concurrence.

Engrossed bill to be entitled an act to compel the owners of hired slaves to pay Physicians' fees was read a 3d time and the question being put, Shall this bill pass? it was determined in the affirmative, yeas 36, nays 20.

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

Mr. Speaker

Bailey of Mt.

Baylor

Benson

Broadnax

      Armbrister

Barton of Mo.

Baxter

Brandon

Coalter

 


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       Cook

Heard

McLemore

Shotwell

Vining

       Davis

Inge Jones

McNeill

Sims

Watson

       Dupuy

Lewis

Morton

Thornton

Weissinger

       Edmondson

Martin of La.

Pickens

Tindall

White

       Hallett

Mead

Saffold

Vaughan

Williams- 36

Those who voted in the negative, are

       Bailey of La.

Coe

Creagh

Lambert

Peyton

       Barton of Tus

Coleman

Crenshaw

Mardis

Tate

       Bridges

Conner

Dellett

Martin of Li.

Walthall

       Brown

Coopwood

Fluker

Moore

Warren- 20.

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. Engrossed bill to be entitled an act divorcing Wm. Bryant from his wife Rodah Bryant; was read a third time, and the question being put, shall this bill pass? it was determined in the negative, there not being a constitutional majority voting in favor of its passage.  Those who voted in the affirmative, are

Mr. Speaker

Broadnax

Fitzpatrick

Martin of Li.

Thornton

       Armbrister

Brown

Hallett

Martin of La.

Tindall

       Barton of Mo.

Cook

Heard

Mead

Vining

       Barton of T.

Conner

Inge

McNeill

Walthall

       Baylor

Davis

King

Neill

Warren

       Baxter

Dupuy

Lambert

Oliver

White

       Brandon

Edmondson

Lewis

Peyton

Williams- 35

Those who voted in the negative, are

Mr. Bailey of Mt.

Coalter

Crenshaw

Mardis

Shotwell

       Bailey of La.

Coleman

Dellett

McLemore

Tate

       Benson

Coopwood

Fluker Jones

Pickens

Vaughan

       Bridges

Creagh

Moore

Saffold

Weissinger- 21

Mr. Barton of T. obtained leave to introduce a bill to be entitled an act to authorize the appointment of a clerk of the supreme court, and for other purposes; which was read a first time, and the rule requiring bills to be read on three several days, being dispensed with four fifths of the members present voting in the affirmative, it was read a second time forthwith. Mr. Dellett moved to a mend the same by striking out of the 1st section the words good behaviour; which was determined in the affirmative. Yeas 37, nays 18.

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

Mr. Armbrister

Brown

Dupuy

Moore

Vining

       Bailey of Mt.

Coe   Cook

Hallett

Peyton

Walthall

       Baxter

Coleman

Jones King

Pickens

Warren

       Benson

Coopwood

Mardis

Saffold

Watson

       Brandon

Crenshaw

Martin of La

Shotwell

Weissinger

       Bridges

Davis

McLemore

Tate

White

       Broadnax

Dellett

McNeill

Vaughan

Williams- 37.

Those who voted in the negative, are

Mr. Speaker

Coalter

Fluker

Lewis

Neill

       Bailey of La.

Conner

Heard

Martin of Li.

Sims

       Barton of Mo.

Creagh

Inge

Mead

Tindall- 19.

       Barton of Tus

Edmondson

Lambert

Morton

Mr. Barton of T. moved to fill the blank with five years; which was carried ;and ordered to be engrossed for a third reading.

The House adjourned till to morrow morning 10 o'clock.