Wednesday, January 11, 1826.

Mr. Heard, from the committee on enrolled bills, reported that said committee had examined and found correctly enrolled bills of the following titles, to wit:   an act for the relief of the Mobile and Tombeckbe banks, against certain penalties heretofore incurred; an act to locate permanently the seat of justice in the county of Shelby; 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 therein named; and an act to exempt school masters, teachers and students, from military duty and for other purposes.


200

The House took up the resolution offered yesterday by Mr. Hickman, proposing to go into the election of a President and Directors- Mr. Hickman moved to amend the same by striking out at seven o'clock, and inserting in lieu thereof, half past six o'clock; also, to insert after the word Directors, the words of the Bank of the State of Alabama; and also, by adding, at the end of said resolution, the words and also a Trustee of the University, in place of Mr. Dellett, resigned- the said resolution was so amended and adopted.

The House then resumed the consideration of Mr. Creagh's motion to reconsider the vote given on the 9th inst. postponing indefinitely the bill from the Senate to be entitled an act to amend an act entitled an act concerning dower; and the said motion was carried. Said bill was then 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, the said bill was then read a 3d time forthwith, and passed. Ordered, that the clerk acquaint the Senate therewith.

A message form 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 the tax collector of Lawrence county, and an act to class and by the price of the University lands- in which they desire your concurrence. The Senate concur in the several amendments made by your honorable body to bills, which originated in their House, entitled an act to amend an act entitled an act regulating judicial proceedings and for other purposes; an act to repeal in part and amend in part an act restricting officers from taking commissions on costs collected by them on executions, passed, December 31, 1823, and an act to amend an act entitled an act to increase the compensation of jurors, passed December 31, 1823.- And then he withdrew.

Engrossed bill to be entitled an act to fix the salary of the President of the Bank of the State of Alabama, was taken up- Mr. Weissinger then moved to fill the last blank in the bill with twelve hundred and fifty dollars; which was carried. Said bill was then read a third time and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill of the following title, to wit:   an act to amend an act entitled an act to appoint commissioners to lay out two roads leading from the ford of line creek; the one to Coffeville,- the other to Tuscaloosa, passed, December 31, 1822, was taken up, the said bill was then read a third time and passed. Ordered, that the title be as aforesaid, and that the same be sent to the Senate for their concurrence.

A bill, to be entitled an act to repeal and amend in part an act to regulate the rate of interest, passed, December 17, 1819, was read a second time- Mr. Weissinger moved that the further consideration thereof be indefinitely postponed; which was carried.

Engrossed bill from the Senate, to be entitled an act to class and fix the price of the University lands, was read a first time, and ordered to be read a second time.

Mr. Martin of La. from the select committee, to whom was referred an engrossed bill from the Senate, to be entitled an act to repeal an act entitled an act to amend an act to establish a turnpike road, leading from Lawrence county, to intersect the Military road at Pikesville, in Marion county, passed, December 24, 1823, and to revive so much of


201

the act as the above recited act repealed, and for other purposes, reported the same without amendment- Mr. Martin of La. then 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 the tax collector of Lawrence county, was read a first time- Mr. Vining moved that the further consideration thereof be postponed till the first day of June next; which was carried.

Mr. Heard from the committee on enrolled bills, reported, that they had examined and found correctly enrolled, bills of the following titles, to wit:   an act to divorce Naomi Pond from her husband, Stephen Pond; an act to regulate the navigation of certain rivers in this state by steam-boats; an act to divorce Sam'l Payne from his wife Elizabeth Payne; an act to divorce Wm. Roundtree from Sally Roundtree his wife; an act to divorce Wm. Gates from Susannah Gates; an act to divorce Louisa M. Trouilett from her husband, Pierre L. Trouilett; an act to divorce Sarah Wall from James Wall; an act to authorize 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 detained by public defauters, and which may hereafter be detained and an act to divorce Deborah Dickson from Samuel Dickson.

A bill to be entitled an act to authorize an information, in the nature of a quo warranto, to be filed against the Indian creek navigation company; - Mr. Fluker moved that the further consideration thereof be indefinitely postponed; which was carried - yeas 29, nays 21.

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

Mr. Bailey of Mt.

Coe

Heard

McLemore

Shotwell

       Bailey of L.

Cook

Hickman

Morton

Tate

       Barton of Mo.

Creagh

Inge

Neill

Thornton

       Barton of Tus.

Crenshaw

Jones

Oliver

White

       Broadnax

Dupuy

Lewis

Peyton

Williams-29

       Brown

Fluker

Mead

Saffold

Those who voted in the negative, are

Mr. Speaker

Brandon

Davis

Martin of La.

Tindall

       Baylor

Bridges

Edmondson

Martin of Li.

Vaughan

       Baxter

Conner

King       Lyon

Pickens

Vining

       Benson

Coopwood

Martin of Fr.

Sims

Weissinger 21.

Mr. Barton of T. from the select committee, to whom was referred a bill to be entitled an act the better to secure the rights of the citizens of this state, reported, a substitute, in lieu thereof, a bill to be entitled an act to authorize appeals to be taken in certain criminal cases, and for other purposes; which was read a second time. Ordered, that said bill lie on the table.

Engrossed bills from the Senate of the following titles, to wit:   an act to authorize sheriffs to serve notices; and an act for the relief of John H. Campbell- were severally read a third time and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, to be entitled an act for the better selection, drawing and summoning jurors, was read a third time; and the question being put, shall this bill pass? it was determined in the affirmative- yeas 35, nays 16.

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

24


202

Mr. Speaker

Benson

Creagh

Jones

Pickens

       Armbrister

Brandon

Crenshaw

King

Saffold

       Bailey of L.

Bridges

Dellett

Lyon

Shotwell

       Bailey of Mt.

Broadnax

Dupuy

Martin of La.

Tate

       Barton of Mo.

Brown

Fluker

Mead

Thornton

       Barton of Tu.

Coe

Hickman

McNeill

Vining

       Baylor

Conner

Inge

Neill

Weissinger-35

Those who voted in the negative, are

Mr. Baxter

Davis

Martin of Fr.

Peyton Sims

Warren

       Cook

Edmondson

Martin of Li.

Tindall

White

       Coopwood

Lewis

McLemore

Vaughan

Williams-16

Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, to be entitled an act for the relief of William Holbrooks, 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 3d time forthwith, and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill, to be entitled an act to incorporate an artillery company in the town of Montgomery, to be styled the Washington Artillery Company, and for other purposes was read a third time and passed. Ordered, that the title be as aforesaid, and that the same be sent to the Senate for concurrence.

The resolution introduced on yesterday by Mr. Martin of Fr. for the purpose of informing the Governor when the two Houses would be ready to adjourn, was laid on the table.

The resolution introduced on yesterday by Mr. Martin of Fr. proposing to adjourn this evening, without day, was laid on the table.

Mr. Bridges obtained leave to introduce a joint resolution authorizing the Governor to sell at auction, the public buildings in Cahawba, and public furniture; 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 laid on the table.

The resolution of Mr. Barton of T. proposing to adjourn sine die, on - next, was laid on the table.

Engrossed bill, to be entitled an act to repeal an act, passed, December 24, 1824, entitled an act to abolish the June term of the supreme court, was laid on the table.

Mr. Vining moved to reconsider a vote given this day on the engrossed bill from the Senate, to be entitled an act for the relief of the tax collector of Lawrence county; which was carried. The bill 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 then read a third time forthwith, and passed. Ordered, that the title be changed to that of an act for the relief of the tax collectors of Lawrence and Walker counties, and that the clerk acquaint the Senate therewith.

Mr. Barton of Mo. obtained leave to introduce a joint resolution, authorizing the Governor to procure certain maps and books for the use of the executive office of this state; 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 affirma-


203

tive, the same was read a second time forthwith, and ordered to be engrossed for a third reading on to-day.

A bill,  to be entitled an act to authorize appeals to be taken in criminal cases, and for other purposes, was taken up- Mr. McLemore moved that the further consideration thereof be indefinitely postponed; which was lost-  yeas 19, nays 30.

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

Mr. Brandon

Inge

Jones

Saffold

Tindall

       Broadnax

King

Shotwell

Vaughan

Williams

       Fluker

McLemore

Sims

Vining

Weissinger-19

       Hickman

Neill

Thornton

Warren

Those who voted in the negative, are

Mr. Speaker

Baylor

Conner

Dupuy

Martin of Li.

       Armbrister

Baxter

Coopwood

Edmondson

Mead

       Bailey of La.

Benson

Creagh

Greening

Morton

       Bailey of Mt.

Bridges

Crenshaw

Heard

Peyton

       Barton of Mo.

Brown

Davis

Lewis

Tate

       Barton of T.

Coe

Dellett

Martin of La.

White-30

Said bill was then 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, it was ordered to be engrossed and read a 3d time to-day.

Engrossed bill from the Senate to be entitled an act to class and fix the price of the University lands. Mr. Creagh moved to dispense with the rule requiring bills to be read on three several days, and that the same be read a 2d and 3d time forthwith, which was carried, 4-5ths of the members present voting in the affirmative. Mr. Davis moved that the further consideration thereof be indefinitely postponed, which was lost- yeas 14, nays 34.

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

Mr. Baxter

Edmondson

Martin of Fr.

McNeill

Vining

       Coopwood

Heard

Martin of Li.

Peyton

White- 14.

       Davis

Hickman

Mead

Vaughan

Those who voted in the negative, are

Mr. Speaker

Baylor

Coe     Conner

Lyon

Shotwell

       Armbrister

Benson

Cook   Creagh

Martin of La.

Sims

Tate

       Bailey of M.

Brandon

Dellett

McLemore

Thornton

       Bailey of La.

Bridges

Dupuy

Neill

Tindall

       Barton of Mo.

Broadnax

Greening

Pickens

Weissinger

       Barton of T.

Brown

Inge Jones

Saffold

Williams-34

The question was then put, shall this bill pass? and it was determined in the affirmative. Ordered, that the clerk acquaint the Senate therewith; and then the House adjourned for one hour.

Evening Session. A message from the Senate by Mr. Lyon, their secretary:   Mr. Speaker, the Senate have read three times and passed bills, which originated in your honorable body, entitled An act to incorporate the Bassett's creek navigation company; An act to exempt invalids from paying a poll tax; and An act to compel those making salt petre in this state to inclose their works. They disagree to the amendments made by your honorable body, to the bill to be entitled an act to provide for holding two terms of the Supreme court and for other purposes. They insist upon their amendments to the bill entitled an act to prevent sheriffs, coroners and constables, purchasing property at their own sales and for other purposes by striking out the first section of the bill, and by amending the title thereof. They concur in the amendments made by your honorable body to bills which originated in their house, entitled an act for the relief of the tax collector of Mobile county; An act for the better organization of the county court of Mobile county; and An act to repeal an act, passed 31st Dec. 1823, appropriating the monies arising from the fines and forfeitures in Madison county to Greene academy; and then he withdrew.


204

Ordered that the House concur in the amendments made by the Senate to the bill entitled an act to prevent sheriffs, coroners and constables purchasing at their own sales, and for other purposes, by striking out the first section of the bill, and by amending the title thereof. Ordered that the House recede from the amendments made by them to the bill from the Senate, entitled an act to provide for holding two terms of the Supreme court and for other purposes. Ordered   that the clerk acquaint the Senate therewith. And the House adjourned for one hour.

Evening Session. Mr. Hallett from the joint committee appointed by the both branches of the general assembly to examine into the condition and situation of the Bank of the state of Alabama, asked for leave to make a report to this House; in  which report the House concurred. Ordered that the doors of this House be closed. Ordered that the doors of this House be now opened.

Mr. Greening offered the following resolution:   Resolved, by the House of Representatives, with the concurrence of the Senate, that the injunction of secrecy on the two Houses, in relation to the report of the joint committee appointed to investigate the situation and condition of the bank of the state of Alabama be removed, and that the report of said committee be entered on the journals of each House; which was adopted. Ordered 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, bills of the following titles:   to wit. An act to extend the time of appointing overseers of roads, and apportioners of hands, in this State and for other purposes; an act to amend the act entitled an act to prevent immoral and disorderly conduct at places of religious worship; an act to provide for reviving actions of trespass; an act to provide against an unnecessary detention of grand jurors, and for other purposes; an act to incorporate the school commiss'rs of the 4th township, 8th range, west from Huntsville, and for other purposes.

Engrossed resolution entitled joint resolution authorizing the Governor to procure certain maps and books for the use of the Executive office of this state, was read a 3d time and passed. Ordered that the title be as aforesaid, and that the same be sent to the Senate for concurrence.

Engrossed bill to be entitled an act to authorize appeals to be taken in criminal cases and for other purposes, was read a 3d time, and the question being put shall this bill pass? it was determined in the negative- yeas 27, nays 27.

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

Mr. Speaker

Baylor

Conner

Hallett

Mead

       Bailey of Mt.

Baxter

Crenshaw

Lewis Lyon

Morton

       Bailey of La.

Benson

Davis

Martin of La.

Pickens

       Barton of Mo.

Bridges

Dellett

Martin of Fr.

Tate

       Barton of Tus.

Coe Cook

Edmondson

Martin of Li.

White- 27.

Those who voted in the negative, are

Mr. Armbrister

Creagh

King

Peyton

Vaughan

       Brandon

Dupuy

McLemore

Shotwell

Vining

       Broadnax

Fluker

McNeill

Saffold     Sims

Warren

       Brown

Hickman

Neill

Thornton

Weissinger

       Coopwood

Inge Jones

Oliver

Tindall

Williams, 27.

Mr. Heard from the committee on enrolled bills, reported that they had examined and found correctly enrolled bills of the following titles, to wit:   An act to repeal in part and amend an act restricting officers from taking commissions to costs collected by them on executions, passed Dec. 31, 1823.

A message from the Governor, by J. I. Thornton secretary of state:   Mr. Speaker, I am instructed by the Governor to inform your honorable body that he did this day approve and sign, 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 authorize the judge of the county court and the commissioners of revenue and


205

roads of Lauderdale county to levy a tax for the purposes therein specified; An act to locate permanently the seat of justice in the county of Shelby; An act to exempt school masters, teachers and students from military duty and for other purposes; and An act for the relief of the Mobile and Tombeckbe Banks against certain penalties heretofore incurred, all of  which originated in this House, and then he withdrew.

Mr. Creagh moved that the House do reconsider a vote given this day on the question of the passage of an engrossed bill to be entitled an act to authorize appeals to be taken in criminal cases and for other purposes, which was carried, the question was then again put, shall this bill pass? it was determined in the affirmative- Yeas 27, nays 26.

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

Mr. Speaker

Baylor

Conner

Greening

Martin of Li.

       Bailey of La.

Baxter

Crenshaw

Hallett

Mead     Morton

       Bailey of Mt.

Benson

Davis

Lewis

Pickens

       Barton of Mo.

Bridges

Dellett

Martin of F.

Tate

       Barton of T.

Coe

Cook

Edmondson

Martin of La.

White-27.

Those who voted in the negative, are

Mr. Armbrister

Creagh

Jones         King

Saffold

Vaughan

       Brandon

Dupuy

McLemore

Shotwell

Vining

       Broadnax

Fluker

McNeill

Sims

Warren

       Brown

Hickman

Neill

Thornton

Weissinger

       Coopwood

Inge

Peyton

Tindall

Williams- 26.

Ordered that the title be as aforesaid, and that the same be sent to the Senate for concurrence.

Mr. Heard, from the committee on enrolled bills, reported, as correctly enrolled, bills of the following titles, to wit:   an act the better to secure monies in the hands of clerks, sheriffs and coroners; an act to repeal in part and amend an act to increase the compensation of jurors, passed, December 31, 1823; an act to authorize the commissioners of the 16th section therein mentioned to appropriate the rents and profits thereof to the aid and support of Concord Academy; an act declaring Big Loss creek a public highway; and an act concerning the Tombeckbe bank. And then the House adjourned till to-morrow morning at 9 o'clock.