Tuesday, January 10, 1826.

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 Williams Holbrooks, an act to repeal sundry militia laws; an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes- in all of which they desire your concurrence. They have also read three times and passed bills, which originated in your honorable body, entitled an act to divorce William Gates from Susannah Gates; an act to divorce Sarah Wall from James Wall; an act to divorce William Roundtree from Sally Roundtree, his wife; an act to divorce Naomi Pond from her husband Stephen Pond; an act to divorce Deborah Dickson from her husband, Samuel Dickson; an act to divorce Louisa Trouilett from her husband, Pierre L. Trouilett; an act to divorce Samuel Payne from his wife, Elizabeth Payne; an act better to secure the revenue arising from licenses granted to tavern keepers and others; an act in relation to the organization of Dale county; an act to repeal in part and amend an act entitled an act to fix the seat of justice and levy a tax to build a court house and jail in Washington county, passed, December 23, 1815;  an act authorizing the citizens of Sommerville to elect a justice of the peace; an act for the adjustment of outstanding accounts, and to compel the payment into the treasury of monies heretofore and now retained by public defaulters, and which may hereafter be detained; an act to amend the several acts now in force respecting the town of Montgomery; an act to incorporate the trustees of Tuscumbia Female Academy in Franklin county; an act to establish a permanent road from Florence in Lauderdale county, to Athens, in the county of Limestone, and have amended the same by ad-

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ding the name of Joseph Bell as one of the commissioners- in which amendment they desire your concurrence. They have also passed a bill which originated in this House, entitled an act to regulate the navigation of certain rivers in this state by steam boats, and have amended the same in the manner herewith shewn, in which amendments they also desire your concurrence. They have also passed a bill, which originated in this House, entitled an act to prevent sheriffs coroners and constables, purchasing property at their own sales, and for other purposes, and have amended the same by striking out all the bill after the enacting clause, except the second section, and by amending the title in the manner herewith shewn- in which amendments they desire your concurrence. They have also passed a bill, which originated in this House, entitled an act respecting rents in the city of Mobile, and have amended the same in the manner herewith shewn-in which they also desire your concurrence. And then he withdrew.

Mr. Tate presented the petition of sundry inhabitants of the counties of Franklin, Lawrence, Limestone and Madison, praying an appropriation for the building of a certain bridge therein named; which was referred to the committee on roads, bridges and ferries.

Mr. Vining, from the committee on propositions and grievances, to whom was referred the petition of James W. Armstrong, praying to be refunded a certain sum of money therein mentioned, reported, that they deem it inexpedient, at this time to grant the prayer of the petitioner, inasmuch as they have no satisfactory evidence on that subject, and asked leave to be discharged from the further consideration of said petition;  which was granted.

Ordered, that the House concur in the amendments made by the Senate, to the 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, by inserting the words and Joseph Bell, after the word Davis, in the first section of the bill.

Ordered, that the House concur in the amendments made by the Senate, to the bill to be entitled an act to regulate the navigation of certain rivers in this state by steam boats, by striking out of the third line of the first section, the words the first January next, and inserting the passage of this act, in lieu thereof; and also by striking out, in the fifteenth line of the first section of this bill from the word upon to the word therein inclusive; and by striking out the words first day of January next in the third line of the second section of the bill, and inserting in lieu thereof, the words passage of this act; and also by adding an additional section to the bill.

Engrossed bill to be entitled an act to prevent sheriffs, coroners and constables, purchasing property at their own sales, and for other purposes- Mr. McLemore moved that the House disagree to the amendment made by the Senate to the same, as far as relates to the striking out of the first section of the bill. Ordered, that the House disagree to the amendment made by the Senate, in changing the title of said bill and that the clerk acquaint the Senate therewith.

Ordered, that the House concur in the amendments made by the Senate to the bill to be entitled an act respecting rents in the city of Mobile, by inserting in the sixteenth line of the first section, the words and the property levied upon shall be after the word county; and by adding an additional section thereto; and also by adding to the caption of the bill, the words and for other purposes.


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Engrossed bill from the Senate, to be entitled an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes, was read a first time; and the rule requiring bills to be read on three several days being suspended, four-fifths of the members present voting in the affirmative, said bill was read a second time forthwith, and referred to a select committee, consisting of Messrs. Barton of Tus. Baylor, Lewis and Creagh.

Engrossed bill from the Senate, entitled an act to provide for the removal of the Bank of the State of Alabama to Tuscaloosa, was read a 3d time & passed. Ordered that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, entitled an act to repeal sundry militia laws, 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 military committee.

Engrossed bill, to be entitled an act to establish an office of discount and deposit of the Bank of the State of Alabama, was taken up and read a third time- Mr. Kelly moved to fill the 1st blank, where it occurs in the bill, with the word Huntsville; which was lost, yeas 27, nays 28.

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

Mr. Speaker

Brandon

Edmondson

Martin of La.

Thornton

       Armbrister

Brown

Heard

Martin of Li.

Tindall

       Bailey of L.

Conner

Inge        King

Morton

Vining

       Barton of T.

Davis

Lewis      Lyon

Neill

White

       Baxter

Dupuy

Martin of Fr.

Peyton

Williams-27

Those who voted in the negative, are

Mr. Bailey of Mt.

Coe     Cook

Dellett

McLemore

Shotwell

       Barton of Mo.

Coleman

Fluker

McNeill

Sims        Tate

       Benson

Coopwood

Greening

Oliver

Vaughan

       Bridges

Creagh

Hickman

Pickens

Warren

       Broadnax

Crenshaw

Jones    Mead

Saffold

Weissinger-28

Mr. Hickman then moved that the further consideration of the same be indefinite postponed;  which was carried- yeas 33, nays 22.

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

Mr. Armbrister

Brown Coe

Fluker

McLemore

Sims

       Bailey of Mt.

Coleman

Greening

McNeill

Thornton

       Barton of Mo.

Cook     Creagh

Hallett

Oliver

Vaughan

       Benson

Coopwood

Hickman

Pickens

Warren

       Bridges

Crenshaw

Jones    King

Saffold

Weissinger

       Broadnax

Dupuy

Lyon

Shotwell

White-33

Those who voted in the negative, are

Mr. Speaker

Brandon

Heard

Martin of Li.

Peyton

Tate

        Bailey of L.

Conner

Inge

 Lewis

Mead

Tindall

       Barton of T.

Davis

Martin of Fr.

Morton

Vining

       Baxter

Edmondson

Martin of La.

Neill

Williams-22

And then the House adjourned for one hour.

Mr. Martin of F. offered the following resolution, Resolved, that a committee of three members be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to wait on his excellency the governor, informing them that the Legislature have gone through all the business before them, and that if he has no further communication to make they will be ready to adjourn tomorrow evening, sine die. Mr. Weissinger moved that said resolution be laid on the table, which was lost. Mr. Martin of La. the moved that the same be postponed till tomorrow, which was carried.

Mr. Martin of F. offered the following resolution Resolved, that this House with the concurrence of the Senate, adjourn on tomorrow evening, without day, and that the Senate be informed instanter.


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Mr. Williams moved that said resolution be postponed till tomorrow, which was carried. Yeas 29, nays 19.

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

Mr. Speaker

Barton of Tus.

Coopwood

Martin of La.

Thornton

       Armbrister

Baxter

Creagh,     Dupuy

McLemore

Vining

       Bailey of Mt.

Bridges

Edmondson

Mead       Morton

Weissinger

       Bailey of La.

Brown

Hallett

Oliver       Peyton

Williams- 29.

       Barton of Mo.

Coe        Conner

Jones

Lewis

Saffold

Those who voted in the negative, are

Mr. Benson

Davis

Hickman

McNeill

Vaughan

       Brandon

Fluker

King

Neill

Warren

       Broadnax

Greening

Lyon

Sims

White- 19.

       Coleman

Heard

Martin of Fr.

Tindall

Mr. Davis moved a reconsideration of a vote given on a bill to be entitled an act to provide for the removal of the Bank of the state of Alabama to Tuscaloosa, which was lost- Yeas 19, nays 30.

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

Mr. Speaker

Broadnax

Greening

Oliver

Shotwell

       Armbrister

Davis

King

Peyton

Vaughan

       Baxter

Dellett

Lewis

Pickens

Weissinger

       Benson

Edmondson

McNeill

Saffold-19

Those who voted in the negative, are

Mr. Bailey of Mt.

Coe        Cook

Fluker

Martin of La.

Tindall

       Bailey of L.

Coleman

Hallett

Mead

Vining

       Barton of Mo.

Conner

Heard

McLemore

Warren

       Barton of T.

Coopwood

Hickman

Neill

White

       Bridges

Creagh

Inge

Sims

Williams, 30.

       Brown

Dupuy

Jones

Thornton

Mr. Hickman offered the following resolution:   Resolved, that the House of Representatives, with the concurrence of the Senate,  will proceed this evening, at the hour of 7 o'clock, to the election of a President and directors in pursuance of the law passed at the present session of the general assembly, which was laid on the table.

Engrossed bill from the Senate entitled an act to repeal an act, passed Dec. 31, 1823, appropriating the monies arising from fines and forfeitures in Madison county, to Greene academy, was read a 3d time; Mr. Vining moved to amend the same by way of engrossed rider which was carried, and then the bill was passed. Ordered that the clerk acquaint the Senate therewith. Engrossed bill from the Senate to be entitled an act to repeal an act entitled an act to regulate proceedings in chancery suits, was read a 3d time and laid on the table.

Mr. Benson from the select committee to whom was referred the message of the Gov. in relation to Indian affairs, and also a resolution on the same subject, reported the same without amendment, and asked leave to be discharged from the further consideration of the said message, inasmuch as the resolution now in progress before the legislature embraces the same object as contemplated by the message, which was agreed to.

Engrossed resolution from the Senate entitled, Resolution instructing our Senators and requesting our Representatives in Congress to use their best endeavors to procure the passage of a law to reduce the price of the public lands after the have been offered at public auctions &c. Mr. Greening moved to amend the title, by striking out the words after they have been offered at public auction at the end of the title, and before &c. which was carried. Said resolution was then read a 2d time, and the rule requiring bills to be read on three several days be-


197

ing dispensed with, the same was read a 3d time forthwith and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bills from the Senate of the following titles, to wit:   An act to enforce those provisions of the act entitled an act to establish a Bank in the town of Mobile, which relates to voting for directors; An act to repeal in part an act therein named; An act to alter the time of holding the county courts of the county of Greene; An act giving further time to persons holding claims against their respective counties to file the same; and An act to amend an act to regulate the licensing of physicians to practice and for other purposes, approved Dec. 22, 1823, were severally read a 2d time, and the rule requiring bills to be read on three several days being dispensed with, 4-5ths of the members present voting in the affirmative, they were severally read a 3d time and passed. Ordered, that the clerk acquaint the Senate therewith.

Message from the governor, by James I. Thornton, secretary of state:   Mr. Speaker I am instructed by the governor, to inform your honorable body that he did on the 9th instant approve and sign An act, reserving from sale the university lands in the county of Tuskaloosa; an act supplementary to an act, entitled an act to establish the town of Sommerville, in the county of Cotaco, passed, Dec. 3, 1819; An act for the relief of the inhabitants of the first township, range seven, east of the basis meridian of Huntsville; also, that he did on this day (10th) approve and sign an act to repeal an act, entitled an act the more effectually to ensure the testimony of absent witnesses by interrogatories; An act to establish schools in the county of Mobile; An act to establish certain election precincts therein named; An act to alter the manner of electing major and brigadier generals; An act to authorize certain persons therein named, to raise by lottery a certain sum of money, for the purposes therein contained; An act to provide for the appointment of a public weigher, in the town of Blakeley; And an act to change the names of, and legitimate certain persons therein named; all of which originated in this House. And then he withdrew.

Engrossed bill from the Senate, entitled an act to repeal an act, entitled an act to regulate proceedings in chancery suits was then taken up. Mr. Martin of L.  then moved that the further consideration there of be indefinitely postponed, which was carried.

Engrossed bill from the Senate, entitled an act giving additional compensation to the solicitor of the first judicial circuit. Mr. Coopwood moved that the further consideration thereof be indefinitely postponed, which was carried.

Engrossed bill from the Senate to be entitled an act to provide for holding two terms of the Supreme court, and for other purposes, was read a second time. Mr. Greening moved to strike out of the bill the words first Monday in July and insert in lieu thereof the words 2d Monday in June, which was carried. Mr. Greening moved to strike out the first Monday in January, which was carried. Yeas 25, nays 20.

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

Mr. Benson

Creagh

Fluker

Lyon

Shotwell

      Broadnax

Crenshaw

Greening

McLemore

Sims

      Brown

Davis

Jones

Oliver

Vaughan

      Cook

Dellett

King

Pickens

Vining

      Coopwood

Dupuy

Lewis

Saffold

Williams, 25

 


198

Those who voted in the negative, are

Mr. Speaker

Baxter

Edmondson

Morton

Tindall

Armbrister

Benson

Hickman

Neill

Warren

      Bailey of La.

Coleman

Inge

Peyton

Weissinger

      Barton of Mo.

Conner

Martin of La.

Thornton

White

Mr. Greening then moved to fill said blank with 2d Monday in Dec. which was carried; 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- said bill as amended was read a third time forthwith, and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, to be entitled an act explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31, 1822, was read a second time. Mr. Morton moved that the further consideration thereof be indefinitely postponed, which was carried.

Engrossed bill from the Senate, to be entitled an act for the relief of Wm Holbrooks, was read a first time, and ordered to be read a 2d time. Ordered, that Mr. Inge, a member of this House, have leave of absence for the remainder of this session.

Engrossed bill from the Senate, to be entitled an act to establish a ferry and appoint commissioners to lay out a road therein named, was read a second 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 third time forthwith.

Mr. Creagh moved that the further consideration of the same be indefinitely postponed, which was carried. Mr. Creagh moved to reconsider a vote taken yesterday on a bill to be entitled an act to amend an act concerning dower. The House adjourned till half past 6 o'clock.

Evening Session, half past 6 o'clock. Engrossed bills from the Senate of the following titles, to wit:   An act concerning justices of the peace and constables in Mobile county; An act the better to secure monies in the hands of clerks, sheriffs and coroners; An act to alter the times of holding company courts martial; And an act for the relief of the tax collectors of Mobile county, were severally read a third time and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bills of the following titles, to wit:   An act to authorize Wm. H. Ragsdale and his associates, to turnpike a road therein specified; An act to alter and amend an act entitled an act for the collection of monies due the state, and for other purposes; and An act supplementary thereto; An act to exempt invalids from paying poll tax; An act to compel those making saltpetre in this state to enclose their works. An act to establish and improve a certain road therein named; An act requiring the judges of the circuit courts to alternate, and for other purposes, were severally read a third time and passed. Ordered, that the titles be as aforesaid, and that the same be sent to the Senate for concurrence.

Mr. Heard from the committee on enrolled bills, reported that he had examined and found correctly enrolled a bill of the following title, to wit:   An act to incorporate the Coosawda academy, in the town of Coosawda. Engrossed bill from the Senate, entitled an act for the better organization of the county court of Mobile county, was read a


199

third time. Mr. Barton of Mo. moved to amend the same by way of engrossed rider, which was carried; the bill was then passed. Ordered, that the clerk acquaint the Senate therewith. A bill to be entitled an act to incorporate an artillery company, in the town of Montgomery, to be styled the _______ artillery company, and for other purposes, was read a second time, and ordered to be engrossed for a third reading. Engrossed bill to be entitled an act to divorce Elizabeth Galloway from her husband James Galloway, was read a third time, and the question being put, shall this bill pass? and determined in the negative. There not being a constitutional majority voting in the affirmative. Yeas 19 nays 24. Those who voted in the affirmative, are

Mr. Speaker

Baxter

Edmondson

Martin of L.

Vining

       Armbrister

Brandon

Hickman

Mead

White

       Barton of T.

Bridges

King

Neill

Williams- 19.

       Barton of M.

Cook

Martin of La.

Peyton

Those who voted in the negative, are

Mr. Bailey of La.

Conner

Dupuy

Pickens

Tate

       Benson

Coopwood

Fluker

Saffold

Vaughan

       Broadnax

Creagh

Inge       Jones

Shotwell

Warren

       Brown

Crenshaw

McLemore

Sims

Weissinger- 24

       Coe

Dellett

Oliver

Engrossed bill, to be entitled an act to authorize Isaac Jordon to emancipate a certain slave therein named, was read a third time. Mr. Fluker moved that the further consideration thereof be indefinitely postponed, which was lost. Yeas 11, nays 27.

Those who voted in the affirmative, are

Mr. Bailey of La

Crenshaw

McLemore

Shotwell

Tindall

       Benson

Coe

Fluker

Oliver

Pickens

White-11

Those who voted in the negative, are

Mr. Speaker

Brandon

Dupuy

Martin of Li.

Vaughan

       Armbrister

Bridges

Edmondson

Mead

Warren

       Barton of Mo.

Brown

Hickman

Neill      Peyton

Weissinger

       Barton of Tu.

Cook       Conner

Jones        King

Sims      Vining

Williams- 27

       Baxter

Coopwood

Martin of La.

The bill was then passed.

Mr. Vining moved that the titled thereof  be changed to that of an act to emancipate certain slaves therein named, and for other purposes; which was carried. Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill, to be entitled an act to emancipate Nancy Powell, a slave, and her infant son, Thomas, was read a third time and passed-Mr. Vining moved to amend the title to that of an act to emancipate certain slaves therein mentioned; which was carried. Ordered, that the same be sent to the Senate for their concurrence. And then the House adjourned till to-morrow  morning at 9 o'clock.