Thursday, January 12, 1826.

A message from the Senate, by Mr. Lyon, their secretary: - Mr. Speaker the Senate have read three times and passed bills, which orginated in your House, entitled an act to establish and improve a certain road therein mentioned; an act to authorize clerks of the county courts to administer oaths in certain cases; an act to incorporate the Trustees of Tuscumbia Academy, in Franklin county; an act to alter and amend an act entitled an act to establish the seat of justice in the county of Autauga, passed, November 22, 1819; an act for the relief of certain persons therein referred to; an act declaring Pine Barren creek, in Wilcox county, a public highway; and an act to repeal in part and amend an act entitled an act for the punishment of malicious mischief, passed, December 17, 1821, and have amended the same by striking out the second section thereof- in which amendment they desire your concurrence.

Ordered   that the House concur in the amendment made by the Senate, to the bill entitled an act to repeal in part and amend an act entitled an act for the punishment of malicious mischief, passed, December 17, 1821, by striking out the second section thereof. The ques-

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tion was then put on the rule suspending the proceedings of the House on a call thereof; which was decided in the affirmative, yeas 39, nays 10.

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

Mr. Speaker

Coe       Conner

Hickman

McNeill

Thornton

      Armbrister

Coleman

Inge

Neill

Tindall

      Bailey of L.

Cook

Jones

Oliver

Vaughan

      Barton of T.

Coopwood

King

Peyton

Vining

      Baxter

Crenshaw

Lewis

Saffold

Warren

      Brandon

Davis

Lyon

Shotwell

Weissinger-39

      Broadnax

Dupuy

Martin of Fr.

Sims

      Brown

Heard

McLemore

Tate

Those who voted in the negative, are

Mr. Baylor

Bridges

Fluker

Martin of La.

Pickens

      Benson

Edmondson

Greening

Mead

White-10

Mr. Heard from the committee on enrolled bills reported that they had examined,  and found correctly enrolled, a bill of the following title, to wit: an act to alter the times of holding the county courts of Greene county.

Mr. Greening moved that the House reconsider a vote given yesterday on the passage of a bill entitled an act to authorize appeals to be taken in criminal cases and for other purposes; which was carried. Said bill then being on its passage the question was put, shall this bill pass? it was determined in the negative- yeas 23, nays 31.

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

Mr. Speaker

Baylor

Davis

Lewis

Morton

      Bailey of La.

Benson

Dellett

Lyon

Pickens

      Bailey of Mt.

Bridges

Edmondson

Martin of Fr.

White-23

      Barton of Mo.

Conner

Hallett

Martin of La.

.

      Barton of T.

Crenshaw

Heard

Mead

Those who voted in the negative, are

Mr. Armbrister

Cook

Hickman

Oliver

Tindall

      Baxter

Coopwood

Inge         King

Peyton

Vaughan

      Brandon

Creagh

Jones

Saffold

Vining

      Broadnax

Dupuy

McLemore

Shotwell

Warren

      Brown

Fluker

McNeill

Sims

Weissinger

      Coleman

Greening

Neill

Thornton

Williams-31

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 to fix the permanent seat of justice, and levy a tax to build a court house and jail, in Washington county, passed, December 23, 1815; an act respecting rents in the city of Mobile, and for other purposes; an act to exempt invalids from paying poll tax; an act to incorporate the Tuscumbia Female Academy, in Franklin county; an act the better to secure the revenue arising from licenses granted to tavern keepers and others; an act to compel those making saltpetre in this state to enclose their works; an act to establish a permanent road from Florence, in the county of Lauderdale, to Athens, in the county of Limeston; an act in relation to the organization of Dale county; and an act to amend the several acts now in force respecting the town of Montgomery.

Mr. Barton of T. from the select committee, to whom was referred a bill to be entitled an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes, reported the same with sundry amendments, in which amendments the House concurred. The said bill was then read a second time as amended- and the rule requiring bills to be read on three several days being dispens-


207

ed with, four-fifths of the members present voting in the affirmative, it was read a third time forthwith, and passed. Ordered   that the secretary acquaint the Senate therewith.

Mr. Saffold from the select committee, to whom was referred so much of the Governor's message as relates to the Huntsville bank, asked leave to be discharged from the further consideration of the same; which was agreed to.

Mr. Saffold, from the bank committee, to whom was referred a resolution requiring them to inquire into the expediency of amending the charter of the bank of the State of Alabama, reported, that it is inexpedient at this session of the general assembly, to make any further alteration than those already made in said charter; in which report the House concurred.

Mr. Greening, from the military committee, to whom was referred an engrossed bill from the Senate, to be entitled an act to repeal sundry militia laws, reported the same without amendment. Mr. Creagh moved that the further consideration thereof be indefinitely postponed, 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 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 alter the times of holding company courts martial; An act to repeal an act, passed, December 31, 1823, applying monies arising from fines and forfeitures in Madison county to Greene academy; An act for the better organization of the county courts in Mobile county; An act concerning justices of the peace and constables in Mobile county; An act to repeal in part an act therein named; An act for the relief of the tax collector of Mobile county; An act to incorporate the trustees of Concord academy, in Greene county; An act giving time to persons holding claims against their respective counties. And then the House adjourned till half past 1 o'clock.

Evening Session. Mr. Tate moved that the House take up the engrossed bill from the Senate, entitled an act to amend an act regulating the licensing of physicians to practice, and for other purposes, passed, Dec. 22, 1823, which was carried- said bill was then laid on the table.

Mr. Davis obtained leave to withdraw the motion made by him on Saturday the 7th instant for a reconsideration by the House on the vote given by this House on concurring with the select committee of conference, to whom was referred the memorial to the Congress of the United States on the subject of the purchasers of public lands, on the disagreement of the two Houses as to the amendments made by this House to said memorial and said motion was accordingly withdrawn.

A message from the Senate, by Mr. Lyon, their secretary:   Mr. Speaker the Senate have read three times and passed a bill which originated in their House, entitled an act allowing to Jarret Brandon a certain sum of money for expenses incurred in apprehending William Walker, charged with negro stealing. Resolution removing the injunction of secrecy imposed upon the report of the joint committee, appointed to examine the bank of the state; in which they desire your concurrence. They have read three times and passed bills which originated in your House, entitled an act to authorize clerks and magistrates to collect costs in certain cases; An act respecting buoys and


208

other land marks in Mobile bay. Resolution authorizing the goverernor to procure certain maps and books for the use of the executive office of this state. A joint resolution authorizing his excellency the governor to order the quarter master general of this state to deliver sixty stand of arms of those belonging to the state to the independent blues of Mooresville, Limestone county; An act to provide for the trial of officers in the militia of this state, and for other purposes, and have amended the same by striking out the 7th section thereof; An act to emancipate certain slaves therein mentioned, and have amended the same by striking out the 2d, 3d, 4th and 5th sections thereof; An act to authorize Wm. H. Ragsdale and his associates to turnpike a road therein specified, and have amended the same by adding thereto an additional section; An act to amend the laws now in force in relation to the duties of the county treasurers of this state, and have amended the same by striking out the words his in the second line of the 5th section, and by striking out the word he and inserting the word they in the last line of the same section, and by adding thereto an additional section:   And an act to fix the salary of the president of the bank of the state of Alabama, and have amended the same by striking out the 2nd section, and by inserting in lieu thereof the accompanying section and by adding an additional section to the bill, and also by changing the caption as herewith shewn; in all of which amendments they respectfully desire your concurrence. They concur in the amendment made by your honorable body to the bill entitled an act to authorize sheriffs to serve notices. They also concur in your amendment to the resolution instructing our Senators and requesting our Representatives in Congress to procure the passage of a law to reduce the price of the public lands after they have been offered at public auction; and also to use their best endeavors to procure for this state the lands to which the title was extinguished by the treaty of the Indian Springs, and to prevent the settlement of the Indians heretofore residing in Georgia, within the limits of this state.   And then he withdrew.

Mr. Dellett from the judiciary committee, reported without amendment, bills which originated in this House of the following titles, to wit:   An act to authorize defendants to plead a failure of consideration; And an act to authorize the judges of the circuit courts in certain cases to order juries to be empannelled. The bill to be entitled an act to authorize defendants to plead a failure of consideration the rule requiring bills to be read on three several days being dispensed with, four-fifths of the members present voting in the affirmative, was ordered to be engrossed and read a third time today. Ordered that the House concur in the amendments made by the Senate to the bill to be entitled an act to amend the laws now in force in relation to the duties of the county treasurers of this state, by striking out the word his in the 2nd line of the 5th section, and by striking out the word he and inserting they in the last line of the same section, and by adding an additional section.

Engrossed resolution from the Senate removing the injunction of secrecy imposed upon the report of the joint committee appointed to examine the bank of the state, 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, the same was


209

read a second and third time forthwith and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, entitled an act allowing to Jarett Brandon a certain sum of money for expenses incurred in apprehending Wm. Walker charged with negro stealing, 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, the same was read a second and third time forthwith and passed. Ordered  that the clerk acquaint the Senate therewith.

Ordered, that the House concur with the Senate, in the amendment made by them in striking out the seventh section of the bill to be entitled an act to provide for the trial of officers in the militia of this state, and for other purposes.

Ordered, that the House concur in the amendment made by the Senate to the bill to be entitled an act to authorize William H. Ragsdale, and his associates to turnpike a road therein specified, by adding thereto an additional section.

Mr. Weissinger moved that the House disagree to the amendment made by the Senate, to the bill to be entitled an act to fix the salary of the President of the Bank of the State of Alabama, by striking out the second section, and by adding, in lieu thereof, another second section, proposed by the Senate; which was carried- yeas 31, nays 18.

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

Mr. Speaker

Cook

Greening

Martin of La.

Sims

      Baylor

Coopwood

Hallett

McLemore

Tindall

      Benson

Crenshaw

Heard

Morton

Vining

      Brandon

Davis

Jones King

Oliver

Warren

      Bridges

Dellett

Lewis

Pickens

Weissinger

      Coleman

Edmondson

Martin of Fr.

Saffold

White-31

Those who voted in the negative, are

Mr. Armbrister

Baxter

Conner

Hickman

Tate

      Bailey of L.

Broadnax

Creagh

Mead

Vaughan-18

      Bailey of Mt.

Brown

Dupuy

Peyton

      Barton of Mo.

Coe

Fluker

Shotwell

 Ordered that the House disagree to the amendments made to said bill, by adding an additional section, and by changing the title thereof. Ordered that the clerk acquaint the Senate therewith.

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 authorize the commissioners of the 16th section therein mentioned, to appropriate the rents thereof of Concord academy; An act to amend an act to regulate the licensing of Physicians to practice and for other purposes, approved Dec. 22, 1823; An act to repeal in part and amend an act restricting officers from taking commissions on costs collected by them on executions, passed Dec. 31st, 1823; An act to repeal in part and amend an act entitled an act to increase the compensation of jurors, passed Dec. 31st, 1823; An act declaring Big lost creek a public highway; An act concerning the Tombeckbe Bank; An act to extend the time of appointing overseers of roads and apportioning of bands 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 unnecessary detention of grand juries and for other purposes; An act to repeal an act passed, Dec. 31, 1823, appropriating the monies arising from fines and forfeitures in Madison co. to Green academy; An act better to secure monies in the hands of clerks, sheriffs and coroners; An act to incorporate the trustees of Concord academy in Greene


210

county; An alter the time of holding the county courts in the county of Greene; An act to alter the times of holding company courts martial; An act concerning justices of the peace and constables in Mobile county; An act giving further time to persons holding claims against their respective counties to file the same; An act to repeal in part an act therein named; An act for the better organization of the county court of Mobile county; An act for the relief of the tax collector of Mobile county; And an act to enforce those provisions of the act entitled an act to establish the bank in the town of Mobile,  which relates to voting for directors.

On motion of Mr. Vining, Ordered, that the House disagree to the amendments made by the Senate, to the bill to be entitled an act to emancipate certain slaves therein mentioned, by striking out the 2d, 3d, 4th and 5th sections of the bill; and that the clerk acquaint the Senate therewith.

Engrossed bill to be entitled an act to authorize defendants to plead a failure of consideration, was read a third time and passed. Ordered that the clerk acquaint the Senate therewith.

Bill to be entitled an act to authorize the judges of the circuit courts, in certain cases, to order juries to be empannelled, 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, the same was ordered to be engrossed and read a third time to-day.

A 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, this day, approve and sign bills of the following titles, to wit:   an act to regulate the navigation of certain rivers of this state by steam boats; an act to divorce Deborah Dixson from Samuel Dixson; an act to divorce Sarah Wall from James Wall; an act to divorce Louisa M. Trouilett from her husband, Pierre L. Trouilett; an act to divorce William Roundtree from Sally Roundtree, his wife; an act to divorce Naomi Pond from Stephen Pond; an act to divorce William Gates from Susannah Gates; an act divorce Samuel Payne from his wife, Elizabeth Payne; an act for the adjustment of outstanding accounts, and to compel the payment into the treasury of monies heretofore and now detained by public defaulters, and which may hereafter be detained; an act to authorize the citizens of Sommerville to erect a justice of the peace- all of which originated in this House. And then he withdrew; and then the House adjourned for one hour.

Evening Session.- The House met pursuant to adjournment- and adjourned again till to-morrow morning at 9 o'clock.