Friday, Jan. 13, 1826.

Message from the Senate, by Mr. Lyon, their secretary:   Mr. Speaker, the Senate have read three times and passed a resolution to appoint commissioners to examine a suitable situation for the permanent location of the university, and a resolution instructing our Senators and requesting our Representatives in Congress to use their exertions to procure the passage of an act of Congress to alter the times of holding the district court at Mobile, both of which originated in their House; and in which they desire your concurrence. They have also passed a bill which originated in their House, entitled an act for the relief of the public printer of this state; in which they desire your concurrence. And then he withdrew.

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

Engrossed bill from the Senate, to be entitled an act for the relief of the public printer of this 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, it was read


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a second time forthwith. Mr. Davis moved to amend the bill by striking out of the 1st section the word journal and inserting in lieu thereof the word Laws which was carried- Yeas 46, nays 2.

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

Mr. Speaker

Broadnax

Dupuy

Martin of La.

Sims

Tate

       Armbrister

Brown      Coe

Edmondson

Martin of Li.

Thornton

       Bailey of Mt.

Cook

Fluker

McLemore

Tindall

       Barton of Tus.

Coleman

Greening

McNeill

Vining

       Baylor

Conner

Hallett

Neill

Vaughan

       Baxter

Coopwood

Hickman

Oliver

Weissinger

       Benson

Crenshaw

Jones

Pickens

White

       Brandon

Davis

King       Lewis

Saffold

Williams

       Bridges

Dellett

Lyon

Shotwell

Those who voted in the negative, are Mr. Coleman and Mead.

Mr. Davis moved further to amend the bill by adding thereto an additional section, which was carried. The bill was then read as amended a third time and passed, the rule being suspended as aforesaid. 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 amend an act, entitled an act to appoint commissioners to lay out two roads leading from the ford of Line creek- the one to Coffeeville, the other to Tuskaloosa, passed, Dec. 31, 1822; An act to establish and improve a certain road therein mentioned; An act to change the time of selling property levied upon by execution; an act to incorporate the trustees of Tuscumbia academy in Franklin county; An act to authorize clerks and magistrates to collect costs in certain cases. Joint resolution authorizing the governor to procure certain maps and books for the use of the executive office in this state; An act to incorporate the Bassett's Creek navigation company; an act declaring Pine Barren Creek, in Wilcox county, a public highway; An act to regulate buoys and other land marks in Mobile Bay; An act to authorize clerks of the county courts to administer oaths in certain cases. Joint resolution, authorizing his excellency the governor, to order the quarter master general of the state, to deliver sixty stand of arms of those belonging to the state to the independent blues of Mooresville, Limestone county; An act for the relief of the tax collector of Lawrence county; An act to alter and amend an act to establish the seat of justice in the county of Autauga, passed, Nov. 22, 1819; An act to class and fix the price of the university lands. Resolution removing the injunction of secrecy imposed upon the report of the joint committee appointed to examine the bank of the State.

Engrossed resolution from the Senate, to appoint commissioners to examine a suitable site for the permanent location of the University was read a first time- Mr. Davis moved that the further consideration thereof be indefinitely postponed; which was carried- yeas 28, nays 23.

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

Mr. Speaker

Brown

Edmondson

Mead

Warren

      Armbrister

Coe

Heard

Neill

White

      Bailey of L.

Conner

Hickman

Oliver

Williams-28

      Barton of Tus

Coopwood

Lewis        Lyon

Tate

      Baxter

Davis

Martin of La.

Tindall

      Brandon

Dupuy

Matin of Li.

Vining

Those who voted in the negative, are


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Mr. Bailey of Mt.

Broadnax

Dellett

McLemore

Sims

      Barton of Mo.

Coleman

Fluker

McNeill

Vaughan

      Baylor

Cook

Greening

Pickens

Weissinger-23

      Benson

Creagh

Hallett

Saffold

      Bridges

Crenshaw

Jones

Shotwell

Engrossed resolution from the Senate, instructing our Senators, and requesting our Representatives, in Congress, to use their exertions to procure the passage of an act of Congress, to alter the times of holding the district court at Mobile, 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 the rule being further dispensed with, it was read a third time forthwith, and passed. Ordered, that the clerk acquaint the Senate therewith.

Mr Dellett, a member from Monroe county, hath leave of absence, after to day for the remainder of the session.

Mr. Creagh from the select committee, to whom was referred that part of the Governor's message which relates to amendments of the Constitution of the United States, in relation to the election of President and Vice President of the United States, and the resolution of the state of Tennessee, proposing amendments to that instrument, concerning the same object, reported a joint resolution instructing our Senators in Congress, and respecting our Representatives to effect certain amendments to the Constitution of the United States, in relation to the election of President and Vice President of the United States; 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. Mr. Kelly moved to amend the same, by striking out the first resolution, and inserting two others, in lieu thereof;  which was carried. Mr. Cook moved to strike out the second and third resolutions; which was carried. Said resolution was then read a second time as amended, and ordered to be engrossed & read a 3d time to-day.

A message from the Senate, by Mr. Lyon, their secretary:- Mr. Speaker the Senate insist on their amendments to the bill entitled an act to emancipate certain slaves therein named. They concur in the amendments made by your honorable body, to the bill entitled an act for the relief of the public printer of this state.

Mr. Vining moved that the House adhere to their disagreement to the amendments made by the Senate, to the engrossed bill to be entitled an act to emancipate certain slaves therein mentioned; which was determined in the affirmative- yeas 29, nays 13.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Speaker, Armbrister, Baxter, Benson, Brandon, Bridges, Brown, Coleman Conner, Coopwood, Creagh, Davis, Dupuy, Edmondson, Jones, King, Martin of La. Martin of Li. McLemore, McNeill, Neill, Pickens, Shotwell, Tate, Tindall, Vining, Weissinger, White and Williams- 29.

Those who voted in the negative, are Mr. Bailey of Mt. Bailey of L. Broadnax, Coe, Cook, Greening, Hickman, Lewis, Lyon, Mead, Oliver, Thornton, and Vaughan- 13

Engrossed joint resolution instructing our Senators in Congress and requesting our representatives to effect certain amendments to the constitution of the United States in relation to the election of President and Vice president of the United States, was read a third time and passed.


213

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

The following members of the House of Representatives, to wit:   John P. Hickman, John G. Creagh, Jonathan Bailey, Waddy Tate, Joseph Coe, Marston Mead, T. L. Hallett, W. Barton of M. Quin Morotn, Walker K. Baylor & John S. Bailey, offered a protest, shewing the reasons for a certain vote given in this House, which were ordered to be spread upon the journals of this House. The House adjourned till half past 2 o'clock.

Evening Session, half past 2 o'clock. A message from the Senate, by Mr. Lyon, their secretary:   Mr. Speaker, the Senate have read three times and passed resolutions providing for the disposal of certain public property, in the town of Cahawba, in which they desire your concurrence. They have also passed bills which originated in your House, entitled an act requiring judges of the circuit courts to alternate, and for other purposes; and have amended the same by striking out the 1st section after the enacting clause, and by striking out the word may in the second line of the 4th section and inserting shall, and by amending the caption in the manner herewith shewn; also an act to authorize the judges of the circuit courts in certain cases, to order juries to be empannelled and have amended the same in the manner herewith shewn; also an act making appropriations for the year 1826, and have amended the same by striking from the 1st line of the 2nd section the word ten, and inserting in lieu thereof the word two  by striking from the 3d and 4th sections of the bill the words twenty-five and inserting in lieu thereof in each of the sections, the words one hundred; in all of which amendments they ask your concurrence. And then he withdrew.

Engrossed resolution from the Senate providing for the disposal of certain public property in the town of Cahawba, 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 2d time forthwith, and the rule being further dispensed with, it was read a third time and passed. Ordered, that the clerk acquaint the Senate therewith. Ordered, that the House disagree to the amendments made by the Senate to the engrossed bill, entitled an act requiring the judges of the circuit courts to alternate, and for other purposes, by striking out the 1st section of the bill and by amending the title. The House concur in the amendment made to the 4th section of the bill by striking out the word may and inserting the word shall. Ordered, that the clerk acquaint the Senate therewith. Ordered  that the House concur in the amendments made by the Senate to the bill entitled an act to authorize the judges of the circuit courts to order juries to be empannelled by inserting in the 1st section the word and after the word drawn and before the word summoned, by striking out the words or empannelled in the fifth line of the first section, by inserting the words or do not attend after the word law and before the word the, by striking out of the 6th line of the 1st section the words who shall have filled the original pannel as and inserting in lieu thereof the words as are by law qualified to serve on juries, and also by striking out of the 10th line of the 1st section the word on and inserting in lieu thereof and.

Engrossed bill to be entitled an act making appropriations for the year 1826, was laid on the table.

Mr. Creagh obtained leave to introduce a bill to be entitled an act

25


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to provide for the payment of the expenses incurred in the reception of General La Fayette; 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 2d time forthwith, and ordered to be engrossed for a third reading today.

Mr. Lyon moved that the House reconsider a vote taken this day on indefinitely postponing an engrossed resolution from the Senate, to appoint commissioners to examine a suitable situation for the permanent location of the university,  which was carried. Yeas 25, nays 23.

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

Mr. Bailey of Mt.

Coleman

Greening

McLemore

Saffold

       Barton of Mo.

Cook

Hallett

McNeill

Shotwell

       Baylor

Creagh

Jones

Morton

Thornton

       Benson

Crenshaw

Lyon

Neill

Vaughan

       Broadnax

Dellett

Martin of La.

Pickens

Weissinger

Those who voted in the negative, are

Mr. Speaker

Brown

Edmondson

Mead

Vining

       Armbrister

Conner

Fluker

Oliver

Warren

       Baxter

Coopwood

King

Sims

White

       Brandon

Davis

Lewis

Tate

       Bridges

Dupuy

Martin of Li.

Tindall

Mr. Greening moved to amend the same by striking out of the 3d line of the 1st section of the word five, and insert in lieu thereof the word three  which was carried. Mr. Greening moved further to strike out the proviso at the end of the first number of the same, which was carried. The question was then put, shall this resolution be read a third time and determined in the affirmative. Yeas 28, nays 24.

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

Mr. Bailey of M.

Coleman

Greening

McNeill

Sims

       Barton of Mo.

Cook

Hallett

Morton

Thornton

       Barton of T.

Creagh

Jones

Oliver

Vaughan

       Baylor

Crenshaw

Lyon

Pickens

Weissinger

       Benson

Dellett

Martin of La.

Saffold

       Broadnax

Fluker

McLemore

Shotwell

 Those who voted in the negative, are

Mr. Speaker

Brown

Dupuy

Martin of Li.

Vining

       Armbrister

Coe

Edmondson

Mead

Warren

       Bailey of L.

Conner

Heard

Neill

       Baxter

Coopwood

Hickman

Tate

       Brandon

Davis

King

Lewis

Tindall

Message from the Senate by Mr. Lyon their secretary:   Mr. Speaker, I am instructed by the Senate to inform your honorable body that they have read three times and passed Resolutions originating in their house instructing our Senators and requesting our Representatives in Congress to use their best endeavors to procure for this state the immediate right to the lands acquired by the recent treaty at the Indian springs, in which they desire your concurrence. They have also read three times and passed a Resolution which originated in your honorable body authorizing the Governor to appoint commissioners to adjust the unsettled accounts between this state and the state of Mississippi. The Senate concur in the Resolution of your honorable body, proposing to go into the election of a President and Directors of the Bank of the state of Alabama, and a trustee of the University in place of Mr. Dellett resigned and have amended the same so as to proceed to the election this evening, at half past 6 o'clock; and also by adding thereto the words and commissioners to class and fix the price of the University lands, ac-


215

cording to a law of the present session, and then he withdrew. Ordered that the House concur in the amendments made by the Senate to said Resolution, in relation to the elections.

Engrossed bill to be entitled an act to provide for the payment of the expenses incurred in the reception of Gen. Lafayette, which 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.

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 entitled an act for the punishment of malicious mischief, passed Dec. 17, 1821; An act for the relief of certain persons therein referred to; An act entitled an act to amend the laws now in force in relation to the duties of, the county treasurers in this state; An act to provide for the trial of officers in the militia of this state and for other purposes.

Engrossed resolution from the Senate instructing our Senators and requesting our Representatives in Congress to use their best efforts to procure for this state the immediate right to the lands acquired by the recent treaty at the Indian springs was read the first 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 read a 2d and 3d time forthwith and passed. Ordered   that the clerk acquaint the Senate therewith.

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 in relation to the organization of Dale county; an act respecting rents in the city of Mobile, and for other purposes:   an act to amend the several acts now in force respecting the town of Montgomery; 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 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 to exempt invalids from paying poll tax; an act to establish a permanent road from Florence, in the county of Lauderdale, to Athens, in the county of Limestone; an act declaring Pine Barren creek, in Wilcox county a public highway; an act to authorize clerks of the county courts to administer oaths in certain cases; 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 Coffeeville- the other to Tuscaloosa, passed, December 31, 1822;  joint resolution authorizing 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; joint resolution authorizing the Governor to procure certain maps and books for the use of the executive office of this state; an act to authorize clerks and magistrates to collect costs to certain cases an act to establish and improve a certain road therein contained; an act to incorporate the Bassett's creek navigation company; an act to incorporate the trustees of the Tuscumbia Academy; in Franklin county; an act respecting buoys and other land marks in


216

Mobile bay; and an act to change the time of selling property levied upon by execution- all of which originated in this House. And then he withdrew.

Ordered that Mr. Sims have leave of absence for the remainder of the session. Ordered   that Mr. Conner have leave of absence, after to-day for the remainder of the session.

Mr. Davis offered the following resolution; Resolved that a committee 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, and inform him the two Houses of the general assembly have nearly finished their business and will be ready to adjourn, sine die this evening, if he would have no further communication to make; which was laid on the table.

Mr. Barton of Tus. from the select committee, to whom was referred so much of the Governor's message as relates to the emancipation and colonization of slaves, together with the accompanying communications from other states upon that subject have had the same under consideration, and respectfully submit the following report:   - The documents accompanying that part of the Governor's message referred to your committee, consist of communications from the states of Delaware, Georgia, New Jersey, Indiana, Illinois, Connecticut, Mississippi and Missouri, conveying resolutions from these states respectively on the subject of emancipation and colonization. The first proposition on the subject, appears to have originated with the general assembly of Ohio. On the 7th of January, 1824, they adopted resolutions that, "a system of foreign colonization, with correspondent measures, might be adopted, that would, in due time, effect the entire emancipation of the slaves of our country, without any violation of the national compact, or the infringements of the rights of individuals, by the passage of a law by the general government with the consent of the slave holding states; which should provide that, all children of person now held in slavery, both after the passage of such law, should be free at the age of twenty-one years; being supported, during their minority by the persons claiming the services of their parents:   provided they then consent to be transported to the intended place of colonization of the states." The states of Delaware, Indiana, Illinois and Connecticut have approved of the Ohio resolutions. The state of New Jersey extends its recommendation to the colonization of the free people of color. The states of Georgia, Mississippi and Missouri have disapproved of the Ohio resolutions. A proper respect for the communications of our sister states, and the large share of public attention, which the subject matter of those communications have recently attracted, seem, to your committee, to require of the general assembly of this state, the expression of its opinion. The committee believe that very mistaken motions prevail in some of our sister states, respecting the tenure by which slave property is holden in the southern states; with the exceptions of provisions in our laws to enforce the precepts of humanity towards our slaves, and to check the cruelties and enormities of lawless and unregulated power, our property in our slaves is as unlimited and unqualified as our property in any thing else.

We understand by a right to property, a right also to its incidents- its appendages- its augmentations; whether these augmentations arise from the productive employment or the natural increase, of that property. The right to that property of which we are in the immediate enjoyment, may be said to be absolute and vested; and the right to the increase of that property may be said to be contingent and remote:   but undoubtedly the right to both is exclusive- no one can be deprived of either, but by forfeitures under existing laws or voluntary abandonments. The slave holding states, themselves, can no more deprive their citizens of their rights to their slave property, or to the incident appendages or augmentations of that property than can the non-slave holding states deprive their citizens of any of their property, or of the incidents appendages and augmentation of that property. There is scarcely a constitution in any


217

of the states, which does not expressly prohibit the taking of private property for public purposes, without making just compensation for the same. The rights of the citizens and their property, are sacredly guarded by the paramount energies of constitutional provisions; and we may safely say to our sister states, what they would undoubtedly say to us, on a similar application:   that we cannot disregard those constitutional provisions, if we would- and we would not, if we could.- The consent of the slave holding states as such, therefore, can never be obtained; they have no power to give it- it rests exclusively with the owners of such property to dispose of it; whether by sale, or voluntary abandonment, they must determine and non others for them. Your committee are, therefore, of opinion that the general assembly of this state should not, and cannot, concur in the resolutions of the state of Ohio.

Your committee are farther constrained to say, that it is somewhat remarkable that except in the resolution from New Jersey there are none of those, to which this report refers,  which seem to contemplate the removal or colonization of the free people of color in the United States. We duly appreciate the liberality by which our sister states of the north and northwest are disposed to view the evils of slavery, as national in their character, and to look to the national funds for defraying the expenses of its thorough and ultimate extinction. But we cannot but regard the situation of our free colored population as an evil yet more national; because it is an evil more general in its character- exists to some extent, in every state of the Union; and its strength is so rapidly augmenting, both in members and knowledge, as to be dangerous to the peace and security of society. We should say that, in any rational scheme of colonization at the beginning point must be with the part of the population who have already been loosened from the heavier chains of slavery- who are constantly goaded with the remembrance of their former wrongs; and who are reminded, daily, to the degrading inabilities to which they are subjected. All the rigorous enactments in our statute books against slaves, of which our northern friends so loudly complain, and of the propriety of which they have so little means of judging, are really ascribable to the dangers and the necessities of our condition. While our slaves are intermingled with the free people of color, who are yet smarting under the servilities of recent vassalage- who are corrupting their morals- impressing into them the spirit of insubordination; and planting in their bosoms the ferocious hope that, at no distant day, they will wash out their pollutions- the marks of their national degradation- in the blood of their subjugated oppressors, - is it wonderful that we should impose more disparaging restraints, or turn aside the current of reckless rebellion? We are led, therefore, to the conclusion, that philanthropists would much better serve the interest of humanity and the ends of national justice, by directing their attention to the condition of our free people of color, than our slaves. Whenever our national resources shall be so enlarged, as to be applicable to objects of general philanthropy, and there shall be practicable mode of ridding ourselves of our colored population, consistent with their rights the rights of the owners, and the good of the nation, we shall cheerfully acquiesce in every measure calculated to effect such an object. Your committee recommend to the House, the adoption of the following resolution:   

Resolved, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That this state do not concur in the resolution of the state of Ohio, proposing a plan for the emancipation of slaves in the United States. Be it further resolved, That his excellency the Governor be requested to forward a copy of the foregoing report and resolution to the Governors of the different states, requesting them to lay the same before the legislatures thereof." Which said resolution was read a third 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 the rule being further dispensed with, it was read a third time, and passed. Ordered that the same be sent to the Senate for concurrence.

25*


218

The undersigned members of the Senate who were in the minority on the adoption of the amendment made by the House of Reps. to the bill entitled 'an act to amend the charter of the Bank of the State of Alabama,' and who were also in the minority on the passage of said bill, avail themselves of the privilege secured to them by the constitution, of shewing to their constituents, and to the public, the reasons by which they were governed.

One hundred thousand dollars borrowed by the State:   the University funds to the amount of one hundred thousand dollars all the funds given by the United States to the state of Alabama for making roads, canals and improving the navigation of rivers, together with other funds, have been invested in the Bank of the State; and the faith and credit of the state are pledged for al losses which may be sustained. Those funds, in the event of losses, can be reimbursed only by taxes imposed upon the people. Can it be possible that the funds of the state were placed on a bank, and the faith and credit of the state pledged for its support, and yet that moments were provided by which the people or their representatives could ascertain the true situation of that bank. To admit this defect in the charter of the bank would be, in the opinion of the minority to charge its founders with a derelection of duty and a disregard of the rights and best interests of the people.

It is provided in the 12 section of the charter "that it shall be the duty of the president and directors to furnish to the general assembly within the first week of every session, statements of the amount of capital stock of said corporation and of the debts due to the same, of the monies deposited therein; of the notes in circulation, and of the cash on hand; together with all other property of said bank, both real and personal. And the general assembly shall have a right to inspect such general accounts in the books of the bank as shall relate to the said statement; and shall whenever it may be deemed necessary appoint a joint committee of both houses of the general assembly for that purpose, with full power to send for persons and papers. To the minority it appears that the foregoing language is so plain that it cannot be misunderstood, and that the powers granted are so ample that nothing touching the interests of the people is shielded from the scrutiny of their Representatives.  But if a doubt could exist as to the extent of the powers of the general assembly over the bank of the state, that doubt is removed by the interpretation of the charter given by the president and directors of that institution, and also by both houses of the general assembly.

The president and directors in their annual statement use the following language:   "as great anxiety must necessarily be felt throughout the country, respecting the condition and operation of the institution, perhaps no statements or reports from the board itself, however fully or carefully drawn up, will, at all times, give entire satisfaction. The general assembly has, very properly, reserved to itself the right of examining, by a joint committee, the general accounts and books of the bank relating to such statement, whenever it may be deemed necessary. If such committee should now be appointed, it would be a matter of much gratification to the directors and they would very respectfully suggest the propriety and policy of making it an established custom to appoint, at each session of the general assembly, a joint committee to inspect the books and examine the operations of the bank. This might be efficacious in preventing or detecting at an early period, any mismanagement of its affairs, and would tend greatly to preserve the character of the institution; and while its funds are prudently and honestly administered, of securing to it that public confidence which is essential to make it extensively useful to the state." The two Houses of the general assembly, in obedience to law, and according to the expressed wishes of the president and directors, appointed a joint committee, for the purpose of examining the bank, "with full powers to send for persons and papers." After the resistance of the president and directors to the examination which they had invited, and which they say the general assembly has wisely reserved to themselves the power to make, each house of the general assembly adopted the following resolution, viz: "Resolved that the general assembly have the right to inspect by a joint committee, all the books of the bank, and all the evidences of debt due to that institution." If the general assembly have the power, under the charter of the bank, to inspect all the books of the bank, and all the evidences f debt due to that institution, where is the necessity of an act of the legislature to give them this power? Not perceiving the necessity of passing a law to give a power already given, or to explain an act already plain, the minority would feel themselves constrained, if there were no positive objections to the amendment, and to the bill to vote in the negative. But in the opinion of the minority there are insuperable objections to the amendment. The amendment contains a proviso in the following words, viz: "That nothing herein contained shall imply the right of the said committee to report to the general assembly the situation of any private debtor or creditor, unless their situation or names are palpably connected with some violation of the charter, mismanagement in the concerns of the bank, or of some fraud or imposition practised on the directory or officers of the institution:" This amendment proposes the ap-


219

pointment of a joint committee to inspect the affairs of the bank, and yet restrains that committee from making a full report upon the situation of the bank even to the Houses. A committee is to be raised to investigate but is prohibited from communicating even to those by whom it is created the full result of their investigation. In the investigation to be made for the purpose of satisfying a committee, or for the purpose of satisfying the representatives of the people.? The people cannot be satisfied when their representatives are not permitted to see nor to know. Are the committee exclusive judges of fraud and mismanagement? Are a few of the representatives of the people entitled, as a matter of grace and favor, to know more of that which concerns the general welfare than others representing a different portion of the people? these interrogatories must be answered in the affirmative before any members should, in the opinion of the minority, assent to the adoption of this amendment. It most materially concerns the public to ascertain whether the debtors to the state bank be solvent or insolvent. But if the committee be permitted to ascertain that any of the debtors to the state bank are insolvent, yet the fact ascertained by them cannot be communicated to the representatives of the people unless the insolvency be connected with palpable fraud. In the opinion of the minority it is altogether immaterial so far as relates to the revenue of the state, whether any part of its funds be in the hands of insolvents with or without the use of fraud? If taxes should be imposed upon the people to reimburse the funds which have been placed in the bank, and for which the public faith and credit are pledged, it is not perceived that the burdens would be the lighter by their being the result of ignorance rather than of fraud. The history of other banks warns us of the dangers which await this institution.

The Darien bank, one half of the stock of which is owned by the state of Georgia, has made doubtful debts to an amount exceeding four hundred thousand dollars, and has sustained a loss by bad debts to the amount of three hundred and sixty thousand dollars. The Eagle bank of New Haven when lately failed, had a capital of six hundred thousand dollars, and was found on an investigation to have made doubtful debts to the amount of one million six hundred and forty thousand dollars. The stock-holders in those banks reposed in deceitful security until awakened by the falling ruins of those institutions. The directors of the Darien bank appointed by the state had, no direct interest in the welfare of the institution the operations of which they controlled.

The Directors of the state bank of Alabama have no direct interest in the well being of the institution over which they preside. If loses are sustained by the bank, they are borne not by the directors who manage it, but by the people. It, therefore, behoves the people, the stockholders in the institution, to look well to its management; to exert their power over this institution, while it is yet worthy of preserving.

Limited as is the report permitted to be made by the committee to the House, yet this report is to be shrouded with darkness. An almost impenetrable veil is to be hung over the transactions of this bank. Its actings and doings are to be concealed from the authors of its being; and those who have nurtured and supported it, are to be treated as aliens and as unworthy of confidence.  The amendment takes away from the House of Rep. the control over its own proceedings. The House of R. cannot dispose of a report made to it by its own committee. If the Senate should unanimously be of the opinion that the public good required that publicity should be given to the report, yet they are restrained by this amendment unless the Senate should consent to remove the injunction of secrecy. The assent of the Governor is also necessary because it must be removed by a joint resolution, and by our constitution all joint resolutions must be signed by the governor. Thus a secret how the people's money has been disposed of is to be kept from the people's view. The minority will recollect, when in times of war and danger the proceedings of both Houses of Congress were secret. But they can find no precedent for an injunction of secrecy, imposed or removed by joint resolution; much less one requiring the concurrence of the executive. It is believed that not a single instance can be found in which one branch of a Legislature ever permitted another to have control over its secret proceedings. In a republican government so much secrecy forbodes ill.

But there are still stronger objections to the amendment. In the opinion of the minority it violates the charter of our rights. By the 16th section of the third article of the constitution it is provided "that each House may determine the rules of its own proceedings; punish members for disorderly behaviour, and with the consent of two thirds, expel a member.

The appointments of committees, and the mode of their appointment belong to each house exclusively of the other. This amendment proposes to regulate by law the appointment of a committee in each House. By it the Senate and the governor are permitted to participate in the exercise of a power which by the constitution is given exclusively to the House of Representatives. The power given by the constitution to each House, "to determine he rules of its own proceedings," cannot according to the terms used in that instrument be transferred, nor could the H. of R. in the opinion


220

of the minority if there were no constitutional impediment, consistently with a due regard to its rights and dignity, consent to this exercise of power over its proceedings by the co-ordinate branches of the government.

If the bill above mentioned should become a law, would not the H. of R. still have that power "to determine the rules of its own proceedings, and to regulate the appointment of all or any of its committees? The constitution has give that power to the House and it cannot be taken away by law. The law would therefore be null and void.

The undersigned members of the H of R. being the minority cannot forbear to advert to the situation of the two Houses, if this bill should become a law. They have already appointed a joint committee to examine into the situation of this bank. The Senate have been informed by the House of Representatives that they have appointed a special committee for the same purpose. If this bill should become a law, and a committee be appointed under it, there will be two joint committees of both Houses and a special committee of the House of Representatives, for the purpose of examining into the state and condition of the bank. This is a situation of things which, in the opinion of the minority ought to be avoided.

The undersigned members of the H of R here take the liberty to state the reasons which influenced them in their votes against the resolution from the House of Representatives for the appointment of a select committee." By the charter of the bank, a select committee can be appointed only on the application of the comptroller when in his opinion the transactions of the bank of any particular circumstances relating thereto shall require it. The comptroller has not applied for the appointment of a select committee; it cannot, therefore, be appointed in pursuance of law. All the powers of the two Houses are defined by the constitution, and all powers, not granted in that instrument are reserved to the people. No power is by that instrument given to either or both of the Houses, except that of determining their own rules of proceedings, pursuing contempts &c. judging of the qualifications election and returns of their own members and that of passing laws as co-ordinate branches of the legislature. If the two Houses can resort to an unknown and undefined source of power not derived from any part of the constitution, for the appointment of a select committee. The constitution itself is no barrier to the exercise of despotic power. Power implied from doubtful words has been considered dangerous to liberty. But an implication of power against the express letter of the constitution is entirely subversive of the rights and liberties of the people. There are other reasons which influenced the minority in their vote against the resolutions from the House of Representatives for the appointment of a select committee. Those resolutions propose an oath to be administered by the President of the Senate and Speaker of the House of Representatives to the members of the committee. There is no law authorizing the President and Speaker to administer an oath, nor requiring that an oath should be administered to the members of any committee. The administration of an oath without the authority of law would be a solemn mockery to which the undersigned members cannot give their assent. To require an oath by resolutions to which the assent of one or more of the co-ordinate branches of the legislature is not asked, is an assumption of power for which they are not preoared.

The foregoing reasons for the conduct of the minority are respectfully submitted in the manner prescribed by the constitution, to the consideration of their fellow citizens. They do not impute any misconduct to those who have though and acted differently from themselves. Their only object is to vindicate the course which their duty and their conscience have led them to pursue.

[Signed]

 JOHN P. HICKMAN

JOHN G. CREAGH

JONATHAN BAILEY

 WADDY TATE

JOSEPH COE

MARSTON MEAD

 T. L. HALLETT

W. BARTON

QUIN MORTON

 JOHN S. BAILEY

WALKER K. BAYLOR

The House adjourned till half past six o'clock.

Half past 6 o'clock. On motion of Mr. Morton, Resolved that the Senate be invited to assemble in the Representative Hall, for the purpose of going into to the election of a President and Directors of the Bank of the state of Alabama, and other purposes, agreeable to a former resolution on that subject, and that the west end of the Hall be appropriated for their reception.

The Senate having repaired to the Hall of the House of Representatives:   both houses proceeded to the election of a President of the Bank of the state of Alabama, to continue in office till the removal of the Bank to the town of Tuscaloosa, Andrew Pickens, alone being in nomination. For Andrew Pickens 68 votes.


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Those who voted for Mr. Pickens are Mr. President, Abercrombie, Ash, Bagby, Brown, Casey, Clay, Crabb, Crawford, Jackson of L., McCamy, Merriwether, Miller, Skinner, Sullivan, Vanhoose, Mr. Speaker, Bailey of Mt., Bailey, Coleman, Cook, Conner, Coopwood, Creagh, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Fluker, Greening, Hallett, Heard, Hickman, Jones, King, Lewis, Martin of Fr., Martin of Li., Martin of La., Mead, McLemore, McNeill, Morton, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Sims, Tate, Thornton, Tindall, Vaughan, Vining, Warren, Weissinger, White, Williams.

Andrew Pickens having received all the votes present, was declared, by Mr. Speaker to be duly elected President of the bank of the state of Alabama, to serve so long as the Bank remains at Cahawba.

Both Houses then proceeded to elect twelve Directors of the Bank of the state of Alabama, to continue in office until the removal of the Bank to the town of Tuscaloosa, John J. Cocheron, Uriah G. Mitchell, Jesse Beene, Edwin Curtis, John E. Vasser, Bernard Johnson, Thomas D. King, H. G. Perry, George Phillips, Fielding Vaughan, R. G. Gordon, John Shields, Alex. Pope, Thos. H. Wiley, Gilbert Shearer, David McCord, Wm. Chisholm, C. B. Harrison, Sam'l B. Ewing, Wm. Curtis, and Thomas O. Meux, being in nomination.

For Mr. Crocheron

55

Perry

57

Shearer

18

Mitchell

54

Phillips

58

McCord

14

Beene

42

Vaughan

36

Chisholm

18

Curtis

51

Gordon

57

Harrison

29

Vasser

34

Shields

42

Ewing

21

Johnson

43

Pope

25

Curtis

15

King

46

Wiley

21

Meux

15

Those who voted for Mr. Crocheron are Mr. President, Ash, Bagby, Brown, Casey, Crabb, Merriwether, Miller, Skinner, Sullivan, Vanhoose, Mr. Speaker, Barton of Mo., Barton of Tus., Baxter, Benson, Brandon, Bridges, Broadnax, Cook, Coe, Conner, Coopwood, Creagh, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Fluker, Greening, Hallett, Heard, Jones, King, Lewis, Martin of F., Martin of La., Martin of Li., Mead, McLemore, McNeill, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Tindall, Vaughan, Vining, Warren, Weissinger, Coleman, White- 55.

Those who voted for Mr. Mitchell, are Messrs. President, Ash, Bagby, Brown, Casey, Crabb, Merriwether, Miller, Skinner, Sullivan, Vanhoose, Speaker, Barton of Mo., Barton of T., Benson, Brandon, Bridges, Broadnax, Coe, Cook, Coleman, Conner, Coopwood, Creagh, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Fluker, Greening, Hallett, Heard, Jones, King, Lewis, Martin of Fr., Martin of La., Mead, McLemore, McNeill, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Tindall, Vaughan, Vining, Warren, Weissinger and White- 54.

Those who voted for Mr. Beene, are Mr. Bagby, Brown, Casey, Merriwether, Miller, Skinner, Sullivan, Vanhoose, Speaker, Baxter, Brandon, Bridges, Coleman, Cook, Conner, Coopwood, Crenshaw, Davis, Dellett, Edmondson, Fluker, Greening, Heard, Jones, King, Lewis, Martin of F., Martin of Li., Martin of La., McNeill, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Tindall, Vaughan, Vining, Warren, Weissinger, White- 42.

Those who voted for Mr. Edwin Curtis, are Mr. President, Ash, Bagby, Brown, Casey, Clay, Crabb, Miller, Skinner, Sullivan, Vanhoose, Speaker, Baxter, Benson, Brandon, Bridges, Broadnax, Cox, Coleman, Cook, Conner, Coopwood, Creagh, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Greening, Hallett, Heard, Hickman, Jones, King, Lewis, Martin of Li., Martin of La., Martin of Fr., Mead, McLemore, Neill, Oliver, Pickens, Saffold, Shotwell, Tindall, Vaughan Vining, Warren, Weissinger, White- 57.

Those who voted for Mr. Vasser, are Mr. Casey, Crabb, Merriwether, Miller, Skinner, Vanhoose, Baxter, Benson, Brandon, Bridges, Coleman, Conner, Coopwood, Davis, Dellett, Dupuy, Edmondson, Fluker, Greening, Heard, King,


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Lewis, Martin of La., Martin of Fr., Martin of Li., McLemore, Neill, Oliver, Pickens, Saffold, Tindall, Vining, White- 34.

Those who voted Mr. Johnson, are Messrs. Bagby, Brown, Casey, Crabb, Merriwether, Miller, Skinner, Sullivan,Vanhoose, Speaker, Baxter, Benson, Brandon, Bridges, Cole, Coleman, Conner, Coopwood, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Fluker, Greening, Heard, Jones, King, Lewis, Martin of La., Martin of Li., Martin of Fr., McNeill, Neil, Oliver, Pickens, Saffold, Shotwell, Tindall, Vaughan, Vining, Warren, White- 43.

Those who voted for Mr. King, are Mr. Ash, Brown, Casey, Crabb, Merriwether, Skinner, Sullivan, Vanhoose, Speaker, Bailey of L., Baxter, Benson, Brandon, Bridges, Coe, Conner, Coopwood, Creagh, Coleman, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Greening, Hallett, Heard, Jones, King, Lewis, Martin of Fr., Martin of La., Martin of Li., McLemore, McNeill, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Tindall, Vaughan, Vining, Warren- 46.

Those who voted for Mr. Perry, are Mr. President, Abercrombie, Ash, Bagby, Brown, Clay, Crabb, Crawford, Jackson of La., Merriwether, Skinner, Vanhoose, Speaker, Bailey of Mt., Barton of Mo., Barton of T., Benson, Bridges, Broadnax, Coe, Coleman, Cook, Conner, Coopwood, Creagh, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Fluker, Greening, Hallett, Heard, Hickman, Jones, Lewis, Martin of F., Martin of L., Martin of L,. Mead, McLemore, McNeill, Morton, Neill, Oliver, Peryton, Saffold, Shotwell, Tate, Thornton, Tindall, Vaughan, Vining, Warren, Weissinger, White- 57.

Those who voted for Mr. Phillips, are Mr. President, Abercrombie, Ash, Bagby, Brown, Casey, Clay, Crabb, Crawford, Jackson of L., Merriwether, Miller, Skinner, Sullivan, Vanhoose, Speaker, Bailey of L., Bailey of Mt., Barton of M., Barton of T., Baxter, Brandon, Broadnax, Coe, Cook, Conner, Coopwood, Creagh, Crenshaw, Dellett, Dupuy, Edmondson, Fluker, Greening, Hallett, Heard, Hickman, Jones, Lewis, Martin of La., Martin of Fr., Mead, McLemore, McNeill, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Tate, Thornton, Tindall, Vaughan, Vining, Warren, Weissinger, and White- 58.

Those who voted for Mr. Vaughan, are Mr. President, Abercrombie, Bagby, Clay, Crabb, Crawford, Jackson of L., Vanhoose, Bailey of L., Bailey of Mt., Barton of T., Barton of Mo., Broadnax, Coe, Cook, Conner, Creagh, Dupuy, Edmndson, Fluker, Hallett, Heard, Hickman, Jones, Martin of Li., Mead, Neill, Oliver, Saffold, Tate, Thornton, Tindall, Vaughan, Warren, Weissinger, White- 36.

Those who voted for Mr. Gordon, are Mr. President, Abercrombie, Bagby, Brown, Clay, Crabb, Crawford, Jackson of L., Merriwether, Sullivan, Vanhoose, Bailey of L., Bailey of Ma., Barton of Mo., Barton of T., Broadnax, Coleman, Coe, Cook, Cooper, Creagh, Crenshaw, Dellett, Dupuy, Edmondson, Fluker, Greening, Hallett, Heard, Hickman, Jones, King, Lewis, Martin of Li., Mead, McLemore, McNeill, Morton, Neill, Oliver, Peyton, Shotwell, Saffold, Tate, Thornton, Tindall, Vaughan, Vining, Warren, Weissinger, and White- 37.

Those who voted for Mr. Shields, are Mr. Ash, Brown, Casey, Merriwether, Miller, Skinner, Sullivan, Vanhoose, Speaker, Baxter, Benson, Brandon, Bridges, Broadnax, Cook, Coleman, Conner, Coopwood, Crenshaw, Davis, Dellett, Dupuy, Edmondson, Greening, Heard, Jones, King, Lewis, Martin of La., Martin of Fr., Martin of Li., McLemore, McNeill, Neill, Pickens, Saffold, Tindall, Vaughan, Vining, Warren, Weissinger, and White.- 42.

Those who voted for Mr. Pope, are Mr. President, Abercrombie, Ash, Bagby, Clay, Crawford, Jackson of L., Bailey of La., Bailey of Mt., Barton of Mo, Barton of T., Broadnax, Coe, Cook, Creagh, Fluker, Hallett, Hickman, Mead, McLemore, Peyton, Tate, Thornton, and Weissinger- 25.

Those who voted for Mr. Wiley, are Mr. President, Abercrombie, Ash, Clay, Crawford, Jackson of L., Bailey of L., Bailey of Mt., Barton of Mo., Barton of T., Broadnax, Creagh, Dellett, Fluker, Hallett, Hickman, Mead, Peyton, Tate, Thornton, and Weissinger- 21.

Those who voted for Mr. Shearer are Mr. President, Abercrombie, Ash, Clay,


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Crawford, Jackson of L., Mr. Bailey of Mt., Bailey of La., Barton of Mo., Barton of T., Broadnax, Creagh, Cook, Hallett, Hickman, Mead, Tate, Thornton- 18.

Those who voted for Mr. McCord are Mr. Abercrombie, Brown, Clay, Jackson of L., Mr. Bailey of La., Bailey of Mt., Barton of Mo., Barton of Tu., Benson, Coe, Hickman, Peyton, Tate, Thornton- 14.

Those who voted for Mr. Chisholm are Mr. President, Abercrombie, Bagby, Brown, Clay, Crawford, Jackson of La., Mr. Bailey of Mt., Bailey of La., Barton of Mo., Barton of T., Creagh, Hallett, Hickman, Mead, Tate, Thornton, Weissinger- 18.

Those who voted for Mr. Harrison are Mr. Ash, Casey, Crabb, Miller, Skinner, Sullivan, Mr. Speaker, Baxter, Benson, Brandon, Bridges, Broadnax, Coleman, Coopwood, Crenshaw, Davis, Greening, Jones, King, Lewis, Martin of La., Marting of F., McLemore, McNeill, Peyton, Pickens, Shotwell, Vaughan, Warren- 24.

Those who voted for Mr. Ewing are Mr. Abercrombie, Ash, Casey, Miller, Skinner, Sullivan, Mr. Speaker, Brandon, Baxter, Coopwood, Coleman, Crenshaw, Davis, King, Martin of La., Martin of Fr., McNeill, Peyton, Pickens, Shotwell, Vining- 21.

Those who vote for Mr. Curtis are Mr. Casey, Crabb, Merriwether, Miller, Sullivan, Mr. Speaker, Baxter, Brandon, Davis, Fluker, King, Martin of Li., McLemore, McNeill, Pickens- 15.

Those who voted for Mr. Curtis are Mr. Casey, Crabb, Merriwether, Miller, Sullivan, Mr. Speaker, Baxter, Brandon, Davis, Fluker, King, Martin of Li., McLemore, McNeill, Pickens- 15.

Those who voted for Mr. Meux are Mr. President, Abercrombie, Bagby, Clay, Crawford, Jackson of La., Bailey of Mt., Bailey of La., Barton of Mo., Barton of T., Coe, Hickman, Mead, Thornton, Tate- 15.

Messrs. Crocheron, Mitchell Beene E. Curtis, Vasser, Johnson, King, Perry, Phillips, Vaughan, Gordon, Shields, having received a majority of all the votes present, Mr. Speaker therefore declared them duly elected Directors of the Bank of the State of Alabama so long as it may remain at Cahawba.

The two Houses then proceeded to the election of a President of Bank of the state of Alabama, to serve after the removal of the Bank to the town of Tuscaloosa, Andrew Pickens being in nomination- For Mr. Pickens 53 votes.

Those who voted for Mr. Pickens are Mr. President, Abercrombie, Ash, Brown, Crabb, Crawford, Jackson of La., Jones, McCamy, Merriwether, Miller, Skinner, Sullivan, Vanhoose, Mr. Speaker, Bailey of Mt., Bailey of La., Barton of Mo., Barton of Tus, Benson, Brandon, Bridges, Coe, Cook, Coleman, Conner, Coopwood, Davis, Dellett, Dupuy, Edmondson, Fluker, Hallett, Hickman, Jones, King, Lewis, Martin of La., Martin of Li., McLemore, Neill, Oliver, Saffold, Shotwell, Tate, Thornton, Tindall, Vaughan, Vining, Warren, Weissinger, White, Williams- 53.

Mr. Pickens having received all the votes present, was declared to be duly elected President of the Bank of the state of Alabama.

The two Houses then proceeded to the election of twelve Directors to serve after the removal of the Bank to the town of Tuscaloosa Wm. L. Adams, James Hogan, John B. Hogan, Benjamin B. Fountaine, Garland Hardwicke, George Cox, Otis Dyer, James H. Dearing, John McKee, Thomas Owen, Wm. R. Colgin, Hardin Perkins, Constantine Perkins, and Benjamin Whitfield being in nomination.

James Hogan, John B. Hogan, Benjamin B. Fountaine, Garland Hardwicke, George Cox, Otis Dyker, James H. Dearing, John McKee, Thomas Owen, William R. Colgin, William I. Adams, and Hardin Perkins, having received a majority of the whole number of votes, were declared by Mr. Speaker to be duly elected.  The Senate withdrew, and the House adjourned till to-morrow morning 9 o'clock.