Friday, December 30, 1825.

Message from the Senate by Mr. Lyon their secretary:   Mr. Speaker the Senate concur in the amendment made by your honorable body to the bill entitled An act to alter the lines of Madison and Jackson counties. They have read three times and passed a bill which originated in the senate, entitled an act for the better organization of the county court of Mobile county, in which they desire your concurrence. They have also read three times and passed, bills which originated in the House of Representatives entitled an act declaring Paint Rock river a public highway; An act concerning taxes in Mobile county; An act to provide for the payment of petit jurors in the counties of Blount, Montgomery, Mobile and Baldwin, and for other purposes:   and then he withdrew.

Mr. Vining presented the petition of sundry inhabitants of Madison county, praying the passage of a law to repeal the act or so much thereof as gives to Green academy the fines and forfeitures of Madison county, for the term of five years, which was read and laid on the table.

Mr. Davis presented the account of Pallas Neelly, which was read and referred to the committee on accounts.

Mr. McLemore presented the memorial of James W. Armstrong, praying the passage of a law, to refund a sum of money improperly paid by him as tax collector of Montgomery county, which was read and referred to the committee on propositions and grievances.

Mr. Vining from the select committee to whom was referred a bill to be entitled an act divorcing certain persons therein named, reported that they have amended the same by striking out the 2d section thereof, and reported in lieu thereof a bill, to be entitled an act to divorce Deborah Dixon from her husband Samuel Dixon, which was read a 2d time and ordered to be engrossed for a 3d reading.

A bill to be entitled an act divorcing certain persons therein named; was read a 2d time and ordered to be engrossed for a 3d reading.

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138

Mr. Heard from the committee on enrolled bills, reported that he had examined and found correctly enrolled, bills of the following titles, to wit:   An act to prohibit the further granting licenses for gaming; An act to compensate county court clerks for paying printers' fees for publishing the appraisement of certain strays and for other purposes; 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 to incorporate the Moulton library company; An act the more effectually to prevent the trading with slaves, and for other purposes; An act for the relief of Wm. McDonald; An act for the relief of Leasa Lewis; An act to establish the boundary lines between certain counties therein named; An act to divorce Nancy Gillespie from Andrew S. Gillespie; An act to establish the temporary seat of justice in the county of Walker; An act to emancipate certain slaves therein mentioned.

Mr. Hallett from the committee on accounts, to whom was referred the account of Ezekiel Henry, late sheriff of Shelby county, reported that upon examination ,they find an appropriation was made for the payment of said account, by an act of the General Assembly, passed Dec. 31, 1823, and ask leave to be discharged from the further consideration of the same, which was agreed to.

Mr. Hallett, from the committee on accounts, to whom was referred the accounts with sundry documents accompanied thereto of Samuel L. Caldwell, for keeping Samuel Poll and Wm. Searcy, in the jail of Butler county, reported that said accounts chargeable upon the state treasury but inasmuch as the same are not authenticated according to the mode prescribed by law, ought not to be allowed, to ask leave to be discharged from the further consideration of the same, which was agreed to.

Mr. Hallett, from the committee on accounts, to whom was referred the account of David Brown, claiming compensation for attendance on the circuit court of St. Clair county, as a witness on behalf of the state, reported that the account aforesaid is legally chargeable upon the county treasury, and ask leave to be discharged from the further consideration of the same, which was agreed to.

Mr. Martin of Laud, presented the account of John Thompson, which was read, and referred to the committee on accounts.

Mr. Hallett obtained leave to introduce a bill, to be entitled an act making appropriations for the year eighteen hundred and twenty-six, 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, and referred to the committee on ways and means.

Mr. Fluker offered the following:   Resolved, that no more business be received by this House after Monday next, except it b reports from the committees founded upon matters referred to them before that time and that this House with the consent of the Senate will adjourn sine die on Saturday, the 7th of January next. Mr. Morton moved that the further consideration thereof be postponed till the first day of June next, which was lost. Yeas 10, nays 47.

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

Mr. Baylor

Heard

Martin of La.

Mead

Peyton

      Edmondson

Lewis

Martin of Li.

Morton

Tate

Those who voted in the negative, are

Mr. Armbrister

Barton of M.

Baxter

Brandon

Broadnax

     Bailey of L.

Barton of Tus

Benson

Bridges

Brown

 


139

       Coleman

Dupuy

Lambert

Oliver

Vining

       Conner    Coe

Fitzpatrick

Lyon

Pickens

Walthall

       Coopwood

Fluker

Mardis

Saffold

Warren

       Creagh

Greening

Martin of Fr.

Shotwell

Watson

       Crenshaw

Hallett

McLemore

Sims

Weissinger

       Davis

Inge Jones

McNeill

Thornton

White

       Dellett

King

Neill

Tindall

Williams

The said resolution was then adopted.

Mr. Watson, from the select committee, to whom was referred a bill to be entitled an act to suppress immorality, reported in lieu thereof a bill to be entitled an act to suppress immorality. Mr. Oliver moved that the further consideration thereof be indefinitely postponed, which was lost. Yeas 21, nays 33.

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

Mr. Armbrister

Brown

Dellett

Martin of Li.

Tate

       Barton of Mo.

Coalter   Coe

Dupuy

Neill Oliver

Tindall

       Baxter

Creagh

Heard

Pickens

Warren

       Bridges

Crenshaw

Inge

Sims

Those who voted in the negative, are

Mr. Bailey of L.

Cook Conner

Greening

Martin of Fr.

Vaughan

       Barton of T.

Coopwood

Jones King

McLemore

Vining

       Baylor

Davis

Lambert

Morton

Walthall

       Benson

Edmondson

Lewis

Peyton

Watson

       Brandon

Fitzpatrick

Lyon

Saffold

Weissinger

       Broadnax

Fluker

Mardis

Shotwell

White

       Coleman

Hickman

Martin of La.

Thornton

Williams

Mr. Dellett offered the following amendment, "And be it further enacted, that any person who shall be guilty of endeavoring to procure votes in any manner whatever, shall be subject to an indictment, and on conviction thereof shall receive thirty nine lashes on his bare back at the public whipping post of the county, and shall not thereafter be a competent witness in any court of law or equity in this state," which was lost. Yeas 14, nays 42.

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

Mr. Armbrister

Coalter

Crenshaw

Inge

Oliver

       Brown

Coe

Dellett

Mead

Pickens

       Baxter

Creagh

Dupuy

Neill

Those who voted in the negative, are

Mr. Bailey of L.

Conner

Hickman

McLemore

Tindall

       Barton of Mo.

Coopwood

Jones King

McNeill

Vaughan

       Barton of Tus.

Davis

Lambert

Morton

Vining

       Baylor

Edmondson

Lewis

Peyton

Walthall

       Benson

Fitzpatrick

Mardis

Saffold

Watson

       Brandon

Fluker

Martin of Fr.

Shotwell

Weissinger

       Broadnax

Greening

Martin of La.

Sims Tate

White

       Coleman

Heard

Martin of Li.

Thornton

Williams

Said bill was then referred to a select committee, consisting of Messrs. Barton of Tus. Thornton, and Davis.

Mr. Dellett, from the judiciary committee, to whom was referred a bill to be entitled an act, to authorize clerks of the county courts to administer oaths in certain cases, reported the same with an amendment, in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred an 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, reported the same without amendment.

Mr. Dellett obtained leave to introduce a bill to be entitled an act the more effectually to secure the collection of public monies; which was read a first time and ordered to be read a second time.


140

Mr. Creagh presented the account of  Thomas Murray against the state; which was read and referred to the committee on accounts.

Mr. Brandon obtained leave to introduce a bill, to be entitled an act to divorce Elizabeth Galloway from James Galloway; which was read a first time and ordered to be read a second time.

On motion of Mr. Watson, resolved that hereafter, on a call of the House, it shall be the duty of the clerk to enter on the journal of this House the names of the absent members, unless a reasonable excuse is offered for their absence.

A message from his excellency the Governor, by James I. Thornton, secretary of state:   Mr. Speaker, I am requested by the Governor to inform your honorable body, that he did, on the 28th instant, approve and sign an act granting relief to parties in the supreme court, in certain cases,  which originated in this House.   And then he withdrew.

Engrossed bill, to be entitled an act for the better organization of the county court of Mobile county, was read a first time and ordered to be read a second time. Engrossed bills of the following titles to wit:   an act to repeal an act restricting the recovery of claims against the counties respectively in certain cases, passed. December 9, 1823; an act respecting rents in the city of Mobile; an act to extend the criminal jurisdiction of St. Clair county into the Cherokee Nation, contiguous thereto and for other purposes, and 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 third 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 their concurrence.

A message from the Senate, by Mr. Lyon, their secretary:   Mr. Speaker the Senate have read three times and passed a bill, which originated with the House of Representatives, entitled a bill to be entitled an act to authorize the appointment of a clerk of the supreme court, and for other purposes.

A bill, to be entitled an act to authorize the judge of the county court and commissioners of revenue and roads of Lauderdale county to levey a tax for the purposes therein specified, was read a second time. Mr. Coalter moved to amend the same by adding thereto an additional section; which was carried.  Ordered, that the said bill be engrossed for a third reading.

Mr. Dellett moved that the House reconsider a vote given yesterday on a bill to be entitled an act for the relief of Edmund King, Thomas T. Walker, Sally B. Stevens and Edward W. Powell, which was carried. Said bill was then referred to a select committee, consisting of Messrs. Dellett, Barton of Tus, and Thornton.

On motion of Mr. Morton, Resolved that the principal clerk of the House be authorized to employ an assistant clerk for the remaining part of the present session of the General Assembly.

A bill to be entitled an act to prevent sheriffs, coroners and constables purchasing property at their own sales, and for other purposes, was read a second time and ordered to be engrossed for a 3d reading.

The House adjourned for one hour.

Evening Session - Mr. Heard from the committee on enrolled bills, reported that he had examined and found correctly enrolled, bills of the following titles, to wit An act declaring Paint Rock river a public


141

highway; an act to authorize the appointment of a clerk of the supreme court, and for other purposes.

Mr. Vaughan obtained leave to introduce a joint resolution requiring the returning officers of elections to give notice to the electors whether or not they are in favor of biennial sessions, by endorsing on said tickets biennial; which was read a first time and ordered to be read a second time. On a call of the House the following members were absent, to wit:   Mr. Barton of Tus. and Mr. Tindall.

A bill to be entitled an act to fix the compensation of the judges of the circuit court- Mr. Bridges moved to amend the same by adding thereto an additional section, which was lost- Yeas 19, nays 40.

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

Mr. Speaker

Broadnax

Davis

McLemore

Watson

       Bailey of L.

Coe

Fitzpatrick

McNeill

Weissinger

       Benson

Cook

Inge

Tindall

White- 19

       Bridges

Coopwood

Martin of Fr.

Walthall

Those who voted in the negative, are

Mr. Armbrister

Creagh

Heard

Martin of Li.

Shotwell

       Barton of Mo.

Crenshaw

Hickman

Mead

Sims

       Baxter

Dellett

Jones

Morton

Tate

       Brandon 

Dupuy

King

Neill

Thornton

       Brown

Edmondson

Lambert

Oliver

Vaughan

       Coalter

Fluker

Lewis

Peyton

Vining

       Coleman

Greening

Lyon

Pickens

Warren

       Conner

Hallett

Mardis

Saffold

Williams- 40

Mr. Bridges moved that the further consideration thereof be indefinitely postponed, which was carried- Yeas 30, nays 29.

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

Mr. Speaker

Creagh

Hallett

Martin of Fr.

Saffold

      Barton of Mo.

Crenshaw

Inge

Martin of Li.

Sims

      Bridges

Dellett

Lambert

McLemore

Thornton

      Coalter

Fitzpatrick

Lewis

Neill

Tindall

      Cook

Fluker

Lyon

Oliver

Warren

      Conner

Greening

Mardis

Pickens

Watson

Those who voted in the negative, are

Mr. Armbrister

Brown

Edmondson

McNeill

Vining

      Bailey of L.

Coe

Heard

Morton

Walthall

      Baxter

Coleman

Hickman

Peyton

Weissinger

      Benson

Coopwood

Jones

Shotwell

White

      Brandon

Davis

King

Tate

Williams

      Broadnax

Dupuy

Mead

Vaughan

Engrossed bills of the following titles, to wit:   an act to authorize the county courts of Henry and Dale counties to levy a tax on said counties, for the purposes therein named, and an act for the relief of James Frazier, late tax collector of Franklin county, were severally read the third time and passed. Ordered, that the titles be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence. A bill, to be entitled an act respecting the courts in Mobile county, was laid on the table. Bills of the following titles, to wit:   an act to authorize clerks and magistrates to collect costs, in certain cases; an act to authorize the county court of Washington county and commissioners of revenue and roads to levy a special tax for the purpose therein mentioned, and for other purposes; an act to repeal in part and amend an act fixing the seat of justice in Washington county, and for other purposes; and an act establishing schools in the county of Mobile- were severally read a second time, and ordered to be engrossed for a third reading.  A bill, to be entitled an act to authorize Green Collier to erect a dam across Flint river, in Madison county, was read a second time.

 


142

Mr. Fluker moved to amend the same, by adding thereto an additional section; which was carried.  Ordered, that the same be engrossed for a third reading.

Engrossed bill from the Senate, to be entitled an act to authorize Joseph Price to erect a mill dam across the Mulberry Fork of the Tuscaloosa river, was read a second time and ordered to be read a third time.  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. Weissinger moved that the further consideration thereof be indefinitely postponed; which was lost- yeas 20, nays 39.

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

Mr. Armbrister

Coleman

Fluker

Saffold

Warren

      Brandon

Conner

Jones

Shotwell

Watson

      Bridges

Coopwood

Mardis

Sims

Weissinger

      Brown

Creagh

McLemore

Vining

White- 20.

Those who voted in the negative, are

Mr. Bailey of L.

Coe

Greening

Lyon

Pickens

      Barton of Mo.

Cook

Hallett

Martin of Fr.

Tate

      Barton of Tus

Crenshaw

Heard

Mead

Thornton

      Baylor

Davis

Hickman

McNeill

Tindall

      Baxter

Dellett

Inge

Morton

Vaughan

      Benson

Dupuy

King

Neill

Walthall

      Broadnax

Edmondson

Lambert

Oliver

Williams-39.

      Coalter

Fitzpatrick

Lewis

Peyton

Mr. Barton of T. moved to amend the same by striking out the first section the words "twenty-five" and inserting in lieu thereof "twenty-six;" which was carried.  Mr Coopwood offered the following amendment:    And be it further enacted, That any person or persons having heretofore violated any statute of this state in relation to duelling, shall not be liable to any action therefor by indictment or otherwise, in any court of record in this state; and all laws and parts of laws, contravening the provisions of this act, be, and the same are hereby, repealed. Which was lost- yeas none, nays 52.

Those who voted in the negative, are

Mr. Bailey of L.

Coleman

Greening

McLemore

Thornton

      Barton of Mo.

Conner

Hallett

McNeill

Tindall

      Barton of T.

Coopwood

Heard

Morton

Vaughan

      Baylor

Creagh

Hickman

Neill

Vining

      Baxter

Crenshaw

Inge

Oliver

Walthall

      Benson

Davis

Jones King

Peyton

Warren

      Brandon

Dupuy

Lewis

Saffold

Watson

      Broadnax

Edmondson

Mardis

Shotwell

Weissinger

      Brown

Fitzpatrick

Martin of Fr.

Sims

White

      Coalter    Coe

Fluker

Mead

Tate

Williams- 52

Ordered, that the same be read a third time. The House adjourned till to-morrow morning nine o'clock.