Thursday, December 29, 1825.

A message from the Senate, by Mr. Lyon, their Secretary:   Mr. Speaker the Senate have read three times and passed bills, which originated in their House, entitled an act for the relief of David Tate and others; an act to repeal in part an act therein named; an act to authorize the commissioners of the 16th section therein named to appropriate the proceeds thereof to the aid and support of the


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Concord Academy; an act to inforce those provisions of the act entitled an act to establish a bank in the town of Mobile, which relates to voting for directors; and an act providing for the appointment of commissioners to select a quarter section of land for the county of Bibb, and for other purposes -  in all of  which they desire your concurrence.  They disagree to the amendment made by your honorable body to the memorial to the Congress of the United States. They have read three times and passed a bill, which originated in the House of Representatives, entitled an act for the relief of Leasa Lewis, and have amended the same by adding a proviso thereto; in which amendment they desire your concurrence. They have also read three times and passed bills, which originated in the House of Representatives, entitled an act to divorce Nancy Gillespie from Andrew S. Gillespie; an act to establish the boundary lines between certain counties therein named; an act to incorporate the Moulton Library Company; an act to incorporate the town of Florence, in the state of Alabama; and an act to amend an act entitled an act to establish a certain county therein named, and for other purposes, passed, December 22, 1824.  And then he withdrew.

Mr. Weissinger presented the petition of sundry inhabitants of Bibb county, praying the repeal of the 10th and 11th sections of an act passed at the last session of the general assembly, entitled an act appointing agents to select a quarter section of land for the county of Shelby and other counties therein named, passed, December 15, 1824; which was read and referred to the committee on county boundaries.

Mr. Greening obtained leave to introduce a bill to be entitled an act to fix the salary of the President of the Bank of the state of Alabama, which was read a first time and ordered to be read a 2d time.

Mr. Martin of F. obtained leave to introduce a bill to be entitled an act to repeal in part and amend an act to regulate the rate of interest, passed Dec. 17, 1819, which was read a first time and ordered to be read a 2d time.

Engrossed bill to be entitled an act to authorize the appointment of a clerk of the supreme court and for other purposes was read a third time and passed. 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. Ordered that the House concur in the amendments made by the Senate to a bill to be entitled an act for the relief of Leasa Lewis.

Mr. Davis obtained leave to introduce a bill to be entitled an act to authorize defendants to plead a failure of consideration, which was read a first time and ordered to be read a 2d time.

Mr. Greening moved that the House insist on their amendments to the memorial from the Senate, to the Congress of the United States, praying further relief to the purchasers of public lands, which was determined in the affirmative, yeas 46, nays 14.

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

Mr. Speaker

Brown   Coe

Greening

McLemore

Tindall

      Armbrister

Coleman

Hallett

McNeill

Vining

      Barton of Mo.

Cook

Jones King

Neill

Oliver

      Baylor

Coopwood

Lambert

Peyton

Warren

      Baxter

Davis

Lewis

Pickens

Watson

      Benson

Dupuy

Mardis

Saffold

Weissinger

      Brandon

Edmondson

Martin of Fr.

Shotwell

White

      Bridges

Fitzpatrick

Martin of La.

Sims

Williams- 46

      Broadnax

Fluker

Mead

Walthall

Those who voted in the negative, are

Mr. Barton of T.

Creagh

Heard

Lyon

Tate

      Bailey of L.

Crenshaw

Hickman

Martin of Li.

Thornton- 14

      Conner

Dellett

Inge

Morton

 


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Engrossed bills from the Senate of the following titles, to wit:   An act providing for the appointment of commissioners to select a quarter section of land for the county of Bibb, and for other purposes; An act to enforce those provisions of the act, entitled an act to establish a bank in the town of Mobile, as relates to voting for directors; were severally read a first time, and ordered to be read a second time.

Mr. Barton of Tus. from the select committee, to whom was referred an engrossed bill from the Senate to be entitled an act to amend the charter of the Bank of the State of Alabama, reported the same with sundry amendments, by striking out all after the enacting clause and substituting three sections in lieu thereof, in which report te House concurred. Mr. Creagh moved further to amend the same by striking out the preamble of the bill, which was carried. Said bill was then read as amended a third time, and passed. Ordered, that the clerk acquaint the Senate therewith.

Mr. Martin of Fr. from the select committee, to whom was referred the petition of sundry inhabitants of Lauderdale county, reported a bill to be entitled an act to establish a permanent road from Florence, in the county of Lauderdale to Athens in the county of Limestone; which was read a first time, and ordered to be read a second time.

Mr. Broadnax moved that the House adjourn for one hour. Yeas 35, nays 20.

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

Mr. Speaker

Coalter

Davis

Martin of Fr.

Tindall

      Armbrister

Coe

Dupuy

Martin of La.

Thornton

      Barton of Mo.

Coleman

Edmondson

Mead

Vaughan

      Baxter

Cook

Greening

McLemore

Vining

      Brandon

Conner

Heard

Neill

Walthall

      Bridges

Creagh

King

Oliver

Watson

      Broadnax

Crenshaw

Lyon

Shotwell

Williams, 35.

Those who voted in the negative, are

      Barton of Tus.

Fitzpatrick

Lambert

Moore

Sims

      Brown

Fluker

Lewis

Peyton

Tate

      Coopwood

Hickman

Mardis

Pickens

Warren

      Dellett

Jones

Martin of Li.

Saffold

Weissinger-20

Evening Session.- Engrossed bills from the Senate of the following titles, to wit:   an act to authorize the commissioners of the 16th section therein named to appropriate the proceeds thereof to the aid and support of the Concord Academy; an act for the relief of David Tate and others; an act to repeal in part an act therein named. Engrossed bill, to be entitled an act regulating the mode of emancipating slaves, was laid on the table. Engrossed bills of the following titles, to wit: an act to incorporate the Trustees of La Fayette Academy in the village of La Grange; an act to extend the corporate limits of the town of Moulton, and for other purposes, an act for the relief of the first township, range seven, east of the basis meridian of Huntsville; a joint resolution, relating to the boundary line between the state of Alabama and the state of Georgia, an act reserving from sale the university lands in the county of Tuscaloosa; and an act to establish certain election precincts therein named- were severally read a third time and passed. Ordered that the titles be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence. Engrossed bill, to be entitled an act regulating elections, was read a third time. Mr. Brown ,moved to amend the same by way of engrossed rider, which was carried.  Mr. Vining moved further to amend the same by way of engrossed rider; which was carried and passed. Ordered, that the title be changed to an act.  Ordered, that it be sent to the Senate for their


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concurrence.   Engrossed bill, to be entitled an act for the relief of Edmund King, Thomas T. Walker, Sally B. Stephens and Edward W. Powell was read a third time, and the question being put, shall this bill pass? it was determined in the negative- yeas 21, nays 29.

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

Mr. Speaker

Baxter

Davis

Jones

Martin of La.

       Armbrister

Benson

Edmondson

Lambert

Oliver

       Barton of Mo.

Broadnax

Fitzpatrick

Lewis

Thornton

       Baylor

Cook Creagh

Hickman

Mardis

Weissinger -21

Those who voted in the negative, are

Mr. Bailey of L.

Conner

Greening

Peyton

Vaughan

       Brandon

Coopwood

King

Pickens

Vining

       Bridges

Crenshaw

Lyon

Saffold

Walthall

       Brown

Dellett

Martin of Fr.

Shotwell

Watson

       Coalter

Dupuy

McLemore

Sims

White- 29.

       Coleman

Fluker

Neill

Tindall

 

Engrossed bill from the Senate to be entitled an act for the emancipation of a negro man slave named Peter, was read a 3d time and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate to be entitled an act the better to organize the militia of the counties of Covington and Dale was read a 3d time and passed. Ordered that the clerk acquaint the Senate therewith.

Engrossed resolution proposing certain amendments to the constitution of the state of Alabama, was read a 3d time, and the question being put, shall the resolution pass? it was determined in the negative, there not being a constitutional majority in favor of its passage.

Those who voted in the affirmative, are

Mr. Armbrister

Coopwood

Lewis

Neill

Vining

      Bailey of L.

Davis

Martin of Fr.

Peyton

Walthall

      Baxter

Dupuy

Martin of La.

Shotwell

Warren

      Brandon

Edmondson

Martin of Li.

Sims

Watson

      Brown

Hickman

Mead

Tate

Weissinger

      Coalter

Jones

McNeill

Thornton

White- 34

      Coleman

King

Morton

Vaughan

Those who voted in the negative, are

Mr. Speaker

Bridges

Dellett

Inge         Lyon

Oliver

      Barton of M.

Broadnax

Fitzpatrick

Lambert

Pickens

      Barton of Tus

Cook Conner

Fluker

Mardis

Saffold

      Baylor

Creagh

Greening

McLemore

Tindall

      Benson

Crenshaw

Hallett

Moore

Williams, 27

A bill to be entitled an act divorcing certain persons therein named, Mr. Mead moved to strike out the 3d section of said bill, which was carried. Mr. Vining moved to recommit the same to a select committee, for the purpose of reporting separate bills; whereupon Messrs. Vining, Fitzpatrick, and Shotwell were appointed said committee.

A bill to be entitled an act to allow merchants, physicians, shopkeepers, mechanics and others to prove their accounts; was read a second time and referred to a select committee, consisting of Messrs. Oliver, Lambert, and Watson. Bills of the following titles, to wit: An act to extend the criminal jurisdiction of St. Clair county into the creek nation, and for other purposes; An act for the relief of James Frazier, late tax collector of Franklin county; An act to authorize the county courts of Henry and Dale counties to levy a tax on said counties, for certain purposes herein named; An act to repeal an act, entitled an act restricting the recovery of claims against the counties res-


137

pectively, in certain cases, passed, Dec. 7, 1823; An act to amend an act, entitled an act to alter and amend the charter of incorporation of the city of Mobile, were severally read a 2d time and ordered to be engrossed for a 3d reading.

A bill to be entitled an act for the better securing the payment of rents & to regulate the practice of suing out writs of replevin within the corporate limits of the city of Mobile; Mr. Barton of M. substituted a bill in lieu thereof, to be entitled an act respecting rents in the city of Mobile, which was read a 2d time and ordered to be engrossed for a 3d reading. A bill to be entitled an act further to suppress immorality, was read a 2d time; Mr. Brown moved that the further consideration thereof be indefinitely postponed, which was lost, yeas 20, nays 39.

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

Mr. Speaker

Brandon

Crenshaw

Lyon

Oliver

       Armbrister

Brown

Dellett

Martin of Li.

Pickens

       Barton of Mo.

Coalter

Dupuy

Moore

Tindall

       Baxter

Creagh

Inge

Neill

Warren- 20

Those who voted in the negative, are

       Bailey of La.

Coopwood

King

McNeill

Vaughan

       Barton of Tu.

Davis

Lambert

Morton

Vining

       Baylor

Edmondson

Lewis

Peyton

Walthall

       Benson

Fitzpatrick

Mardis

Saffold

Weissinger

       Broadnax

Fluker

Martin of Fr.

Shotwell

Watson

       Coleman

Greening

Martin of La.

Sims

White

       Cook

Hickman

Mead

Tate

Williams- 39.

       Conner

Jones

McLemore

Thornton

Said bill was then referred to a select committee, consisting of Messrs. Greening, Martin of L. and Watson. The House adjourned till tomorrow, 9 o'clock.