Monday, December 5, 1825.

Mr. Vaughan presented the petition of E. G. Musgrove, praying the passage of a law making provision for clerks; which was read and referred to a select com. consisting of Messrs. Vaughan, King and Peyton.

Mr. Fitzpatrick, from the committee on propositions and grievances to whom was referred the petition of George Whitton, reported a bill to be entitled an act making appropriation for the payment of a certain claim against the state; which was read a first time and ordered to be read a second time.


53

Mr. Cook presented the account of Samuel L. Calowell, jailor of Butler county, which was read & referred to the committee on accounts.

Mr. Crenshaw presented the account of Wm. W. Gary, jailer of Dallas county; which was read and referred to the committee on accounts.

Mr. Oliver presented the account of Micajah Shirley, jailer of Conecuh county; which was read and referred to the committee on accounts.

On motion of Mr. Greening, Resolved, That the military committee be instructed to examine the military laws of this state, and to report by bill or otherwise to this House, such alterations of amendments as they may think proper for the better organization of the militia of this state.

Mr. Benson, from the select committee to whom was referred so much of the Governor's message, together with the accompanying documents, as relates to the dividing line between this State and Georgia, reported the following resolution:   to wit-

Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Governor be required, as soon as practicable to procure the services of two competent persons, to ascertain the boundary line between this state and Georgia, according to the terms of the compact entered into between the United States and Georgia, in the year 1802; and that he be required to notify the Governor of Georgia of the appointment of the commissioners aforesaid, so that the commissioners on the part of that state may be enabled to co-operate with the commissioners on the part of this state.

Ordered, That said report lie on the table.

Mr. Vaughan obtained leave to introduce a bill to be entitled, an act authorizing the county court of Morgan county to make a certain allowance therein named:   which was read a first time, and ordered to be read a second time.

Engrossed bill from the Senate, to be entitled an act to amend the act entitled, an act for the limitation of actions, and for avoiding vexatious law-suits, passed February 2, 1802; which was read a first time, and ordered to be read a second time.

Mr. Williams presented the records and proceedings of the circuit court of Tuscaloosa county, exercising chancery jurisdiction in the case of William Bryant against Rodah Bryant for divorce; also, the record and proceedings of the circuit court of Tuskaloosa county, exercising chancery jurisdiction in the case of Nancy Gillespie against Andrew S. Gillespie for divorce; - which were severally read, and referred to the committee on divorce and alimony.

Mr. Barton, of Mob. obtained leave to introduce a bill to be entitled, an act concerning taxes in Mobile county, which was read a first time, and ordered to be read a second time.

Mr. Barton, of Mob. obtained leave to introduce a bill to be entitled an act the more effectually to secure the payment of costs of suits instituted in this state:    which was read a first time, and ordered to be read a second time.

Mr. Lewis obtained leave to introduce a bill to be entitled, an act giving further time to persons holding claims against the respective counties of this state, to file the same; which was read a first time, and ordered to be read a second time.

A message was received from his Excellency the Governor, by James J. Thornton, Secretary of State, and is as follows:-


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

The enclosed Letter from the Representatives of the town and county of Mobile, may be regarded as the immediate cause of this special communication; but the great importance of the subject itself, connected as it is supposed to be with the present and permanent interest of the State, and no less in unison with every principle of our nature which delights to ensure happiness, and relieve distress, gives it a high claim to particular attention, and would render an apology not only unnecessary, but offensive. During the last season, our commercial emporium was severely afflicted by those malignant diseased to which southern seaports are so peculiarly exposed. The distresses, the sufferings, the anxieties and confusion which suspended the ordinary hopes and engagements of men, - those only can realize, who have witnessed in similar circumstances, the ravages of mortal disease. The distressing situation of the city of Mobile was greatly relieved by a place of more healthy resort in the vicinity, to which almost all the inhabitants removed who were in condition to make removal, or who had not fallen victims to the early and insidious progress of the prevailing malady. In this place their hopes of security were more than justified, under circumstances of deficient accommodation, and destitute of those comforts which more mature arrangement might have provided. It is my present purpose to invite the attention of the General Assembly to this place, and to the interests of Mobile and of the State, which are supposed to be connected with it. Our southern seaports cannot expect to be free from the occasional, and perhaps frequent recurrence of yellow-fever; and even when this malignant disease does not appear, those of a milder type may be constantly expected, and occasion losses severely felt by society. The great desideratum, therefore, is a place of health sufficiently near to the centre of business, and in which the confidence of the population may be safely reposed. It is very gratifying to believe that the vicinity of Mobile affords such a situation; and this belief is sustained by the experience of several years, especially the present, by the natural appearance of the country, and the report of the oldest inhabitants. It is well worthy of consideration what important effects may be made to result form this auspicious circumstance. It is supposed that it will afford a reasonable security against the most appalling disease to which the human constitution is subject. That it will increase the population of our commercial city, and with its population increase its business and resources; that it will locate and fix capital, as those who find it their interest to do business in the place will be inclined to form permanent establishments for the sake of convenience, when they find they can do so with safety to themselves and their families; that it will benefit the people in the interior of the State, as their necessary intercourse with the city will be less interrupted by the absence of men engaged in the transactions of commerce; that it will provide for institutions of learning, so much to be cultivated in our large commercial cities - a situation in which their progress will not be interrupted; that such part of the population s may be engaged in mechanical employments may be enabled to pursue their useful and industrious professions to almost equal advantage at all seasons of the year; that it will be a suitable place, on account of its health, and near vicinity to the city, for the site of hospitals and other charitable foundations; - to secure these and other advantages which will be readily perceived, I beg leave very respectfully to recommend to the General Assembly to aid the corporate authority of the city of Mobile, to obtain from the United States four contiguous sections of land, at Spring-Hill, on a quantity equal to four sections, at the discretion of the corporation, on which to build a summer town, or place of retreat for health. It is likely that four sections would not be more than sufficient, in order that the town should not be built too compactly for health, that nuisances might be kept at a greater distance, and the natural healthiness of the place be improved by artificial means. To accomplish these objects, a new and suffering city may require aid from the Trea-


55

tary of the State; the advance to be reimbursed at such time, and in such manner, as the wisdom of the General Assembly may direct.  It would also seem expedient to address a Memorial to the Congress of the United States, for the acquisition of the land at a fair price. The land is not in market; no conjecture can be formed when it will be offered for sale, and the wants of the city are immediate. A matter so important in a general point of view, ought not to be left to the uncertainty of individual enterprise, where there will be neither unity in the design, or concert in the execution. Most southern cities are precluded, by their localities, from the prosecution of such a plan. Our situation is more fortunate; and a systematic attention to every thing which may promote the prosperity of our commercial city, will be found to contribute largely to the general interest.            Very respectfully submitted,

JOHN MURPHY.

And then he withdrew- Which message, together with the accompanying document, were referred to a select committee, consisting of Messrs. Barton of Mo., Coalter, Tindall, Benson and Greening to consider and report thereon.

The House again resumed the consideration of the report of the select committee, to which was referred so much of the governor's message as relates to the permanent location of the seat of government. The question was put on Mr. Coalter's motion to postpone resolution numbered three, reported by said committee till 1st day of June next, and decided in the negative. Yeas 30, nays 34.

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

Mr. Armbrister

Coalter

Fluker

Martin of Li.

Thornton

      Bailey of La.

Coe

Heard

Mead

Tindall

      Barton of Tus

Conner

Hickman

Neill

Vaughan

      Baylor

Coopwood

Inge

Peyton

Warren

      Baxter

Dupuy

Lewis

Sims

White

      Brown

Edmondson

Lyon

Tate

Williams- 30

 

Those who voted in the negative, are

Mr. Speaker

Coleman

Greening

Martin of La.

Saffold

      Bailey of Mt.

Cook

Hallett

McLemore

Shotwell

      Barton of Mo.

Creagh

Jones

McNeill

Vining

      Benson

Crenshaw

King

Moore

Walthall

      Brandon

Davis

Lambert

Morton

Watson

      Bridges

Dellett

Mardis

Oliver

Weissinger-34

      Broadnax

Fitzpatrick

Martin of Fr.

Pickens

 

Mr. Barton of Mobile, moved to strike out the whole of the resolution after the word resolved, for the purpose of inserting the following:   "That three commissioners be chosen by ballot of this House, to view the ground situate on both sides of the Alabama river, within ten miles of the said river, and between the town of Cahawba and the junction of the Coosa and Talapoosa rivers, and report within fourteen days to the General Assembly of the several sites they may conceive eligible for the permanent seat of government of this state, and the country adjacent to said sites with their advantages and disadvantages, designating the particular site they deem the most eligible for that purpose; with authority to make conditional speculations for such site or sites, and that three commissioners be appointed in like manner to examine Centreville and Tuskaloosa, and the adjacent country within ten miles of each place and report thereon in like manner." A division of the question being called for, the vote was first taken on striking out and decided in the affirmative unanimously. Yeas 64


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Those who voted in the affirmative, are

Mr. Speaker

Coalter

Fluker

Martin of Lau.

Sims

      Armbrister

Coe

Greening

Martin of Lim.

Tate

      Bailey of La.

Coleman

Hallett

Mead

Thornton

      Bailey of Mont

Cook

Heard

McLemore

Tindall

      Barton of Mo.

Conner

Hickman

McNeill

Vaughan

      Barton of Tus.

Coopwood

Inge

Moore

Vining

      Baylor

Creagh

Jones

Morton

Walthall

      Baxter

Crenshaw

King

Neill

Warren

      Benson

Davis

Lambert

Oliver

Watson

      Brandon

Dellett

Lewis

Peyton

Weissinger

      Bridges

Dupuy

Lyon

Pickens

White

      Broadnax

Edmondson

Mardis

Saffold

Williams- 64

      Brown

Fitzpatrick

Martin of Fra.

Shotwell

 

The question was then taken on inserting, and decided in the affirmative- 36- nays 27.

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

Mr. Speaker

Broadnax

Greening

Martin of Fra.

Oliver

       Armbrister

Coleman

Hallett

Martin of Lau.

Pickens

       Bailey of Mont

Creagh       Cook

Jones

Mead

Saffold

       Barton of Mo.

Crenshaw

King

McLemore

Shotwell

       Benson

Davis

Lambert

McNeill

Walthall

       Brandon

Dellett

Lewis

Morton

Watson

       Bridges

Fitzpatrick

Mardis

Moore

Weissinger-36

 

Those who voted in the negative, are

Mr. Bailey of L.

Coe

Heard

Sims

Warren

       Barton of Tus.

Conner

Hickman

Tate

Whit

       Baylor

Coopwood

Inge

Thornton

Williams-27

       Baxter

Dupuy

Martin of Lim.

 Tindall

       Brown

Edmondson

Neill

Vaughan

       Coalter

Fluker

Peyton

Vining

 

The House adjourned till 3 o'clock this evening.

Evening Session, 3 o'clock. On motion of Mr. Vaughan, Resolved that Lumpkin and Dodson have a seat assigned them within the bar of this House, for the purpose of reporting the proceedings thereof.

Engrossed bills from the Senate of the following titles, to wit: An act to repeal in part an act approved Dec. 15, 1824, declaring Flint river in Morgan county a public highway; An act to repeal in part an act entitled an act to establish certain counties therein named, and for other purposes, passed Dec. 17th, 1821, and for other purposes were severally read a second time, and ordered to be read a third time. Engrossed bills from the Senate of the following titles, to wit: An act to authorize sheriffs to serve notices; An act to require security upon granting a supercedeas; were severally read a first time, and ordered to be read a second time.

Engrossed bills of the following titles, to wit:   An act to alter the time of holding the county courts in the county of Morgan; an act for improving the navigation of the port and harbour of Mobile; and an act to prohibit the further granting licenses for gaming tables,- 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.

 Ordered that Mr. Bridges be added to the committee on schools, colleges and universities and school and university lands.

A bill, to be entitled an act to locate the university of the state of Alabama, was read a 2d time and referred to the committee on schools, colleges and universities and school and university lands.


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Mr. Cook presented the petition of Thos. McDaniel and Wm. Spurling, praying the passage of a law, granting leave to build a toll-bridge across the Conecuh river, in Covington county, which was read, and referred to the committee on roads, bridges and ferries.

Mr. Coalter presented the petition of Ben. Ingram, adm'r of Wm. W. Crittendon, deceased, praying the passage of a law authorizing the purchase of certain real estate therein named, which was read and referred to the judiciary committee.

The House adjourned till tomorrow morning 10 o'clock.