Saturday, January 14, 1826.

Ordered, that the House concur in the amendments made by the Senate to the bill entitled an at making appropriations for the year


224

1826, by striking out ten thousand and inserting in lieu thereof two thousand.  The House concur in the amendments to the bill in the 3d and 4th sections thereof, by striking out of each section twenty-five and inserting in lieu thereof one hundred- Yeas 28, nays 21.

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

Mr. Speaker

Dellett

Hickman

Morton

Thornton

Bailey of Mt.

Edmondson

Lewis

Neill

Tindall

Broadnax

Fluker

Lynn

Oliver

Vaughan

Coe

Greening

Martin of Li.

Pickens

Vining

Conner

Hallett

McLemore

Sims

Creagh

Heard

Mead

Tate

Those who voted in the negative, are

Mr. Armbrister

Brandon

Coopwood

Martin of Fr.

Warren

Bailey of L.

Bridges

Cook

Peyton

Weissinger

Baylor

Brown

Davis

Saffold

White

Benson

Coleman

Jones

King

Shotwell

Williams

Engrossed resolution to appoint commissioners to examine a suitable situation for the permanent location of the University, was read a third time.  Mr. Davis moved that the further consideration thereof be indefinitely postponed, which was carried.- Yeas 27, nays 26.

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

Mr. Speaker

Brown

Coe

Edmondson

Martin of F.

Tindall

Armbrister

Conner

Heard

Martin of Li.

Vining

Bailey of La.

Coopwood

Hickman

Mead

Warren

Baxter

Davis

King

Neill

Peyton

White

Brandon

Dupuy

Lewis

Tate

Williams

Those who voted in the negative, are

Mr. Bailey of Mt.

Broadnax

Fluker

McNeill

Shotwell

Barton of T.

Coleman

Greening

Morton

Sims

Baylor

Cook

Hallett

Oliver

Thornton

Benson

Creagh

Jones

Lyon

Pickens

Vaughan

Bridges

Dellett

McLemore

Saffold

Weissinger

Message from the Senate by Mr. Lyon their secretary:   Mr. Speaker, the Senate concur in the amendment of your honorable body to a bill entitled an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes.  They have read three times and passed a bill which originated to their House, entitled an act to repeal an act entitled an act to class and fix the price of the university lands in which they desire your concurrence. And then he withdrew.

Mr. Barton of T. from the select committee, to whom was referred the petition of David Rogers and others of Blount county, together with the accompanying documents praying for impeachment and removal of Vestal Beeson, a justice of the peace for said county, for misdemeanors in office, reported, that not having time for the thorough investigation from the lateness of the time at which the reference was made to your committee, and being satisfied from the testimony before us that an inquiry ought to be prosecuted into the official conduct of said Beeson, ask leave to be discharged from the further consideration of the subject for the present, but recommend the continuance of the case to the next session of the legislature, for further proceedings; which was agreed to.

Engrossed bill from the Senate, entitled an act to repeal an act entitled an act to class and fix the price of the university lands, was read a first time.  Mr. Weissinger moved that the further consideration thereof be indefinitely postponed, which was carried.  Yeas 27, nays 22.


225

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

Mr. Speaker

Bridges

Creagh

Lewis

Pickens

Bailey of L.

Broadnax

Dellett

Martin of La.

Saffold

Bailey of Mt.

Brown

Coe

Dupuy

McLemore

Shotwell

Barton of T.

Coleman

Fluker

Morton

Thornton

Benson

Conner

Jones      King

Neill

Weissinger 27.

Those who voted in the negative are

Mr. Armbrister

Cook

Davis

Martin of Fr.

Peyton

Vining

Baxter

Heard

Martin of Li.

Sims

Tate

Warren

Brandon

Hickman

Mead

Tindall

White

Coopwood

Lyon

Oliver

Vaughan

Williams- 22

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 provide for holding two terms of the supreme court, and for other purposes; an act for the better selecting, drawing and summoning jurors; an act to amend an act entitled an act concerning dower; memorial of the Senate and House of Representatives of the State of Alabama, in general assembly convened, to the Congress of the United States; an act for the relief of John H. Campbell; an act to authorize sheriffs to serve notices; an act for the relief of William Holbrooks; a resolution authorizing the Governor to appoint commissioners to adjust the unsettled accounts between this state and the state of Mississippi; an act allowing to Jarrett Brandon a certain sum of money for expenses incurred in apprehending William Walker, charged with negro stealing; an act for the relief of the public printer of this state; resolutions instructing our Senators, and requesting our Representatives, in Congress, to sue their best endeavors to procure the passage of a law to reduce the price of the public lands; an act to authorize William H. Ragsdale and his associates to turnpike a road therein specified; an act to authorize the judges of the circuit court, in certain cases, to order to juries to be empannelled; resolution instructing our Senators, and requesting our Representatives, in Congress, to sue their best endeavors to procure the passage of an act of Congress to alter the times of holding the district court at Mobile; an act to provide for the payment of the expenses incurred in the reception of General La Fayette.

A resolution, proposing that the general assembly adjourn, was taken up and adopted.

Ordered, that Messrs. Creagh, Weissinger and Benson be appointed a committee to wait on his excellency the Governor, and inform him that the two Houses will be ready to adjourn this evening, sine die; and know if he has any further communication to make.

A message from the Senate, by Mr. Lyon, their secretary:- Mr. Speaker, the Senate have adopted the following resolution: Resolved, that a committee be appointed on the part of the Senate, to act with such committee as may be appointed on the part of the House of Representatives, to wait on this excellency the Governor, and inform him that the general assembly have gone through the business before them, and will be ready to adjourn, sine die, this day; at the hour of twelve o'clock, if his excellency has no further communications to make.--They have appointed, on their part, Messrs. Sullivan, Crabb & Brown.

In which resolution the House concurred, by adding "this evening." Ordered, that the clerk acquaint the Senate therewith.

26


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Ordered, that the House concur in the several amendments made by the Senate, to the bill entitled an act making appropriations for claims against the state; except as to section numbered twenty-one.  They disagree to the amendment made by the Senate, by striking out the twenty-first section.  Ordered, that clerk inform the Senate thereof.

A message from the Senate, by Mr. Lyon, their secretary:- Mr. Speaker, the Senate insist upon the several amendments to the bill entilted an act to fix the salary of the President of the Bank of the State of Alabama.  They concur in the amendment made by your honorable body, to the resolution proposing to adjourn, sine die, to day at 12 o'clock, by striking out "12 o'clock," and inserting "this evening."

On motion of Mr. Morton, (Mr. Dellett in the chair,) Resolved unanimously, That the thanks of this House be tendered to the honorable William Kelly, for the attention, assiduity, promptness and ability, with which he has discharged the duties of the chair, during the present session.

Engrossed joint resolutions, 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 U. States, were laid on the table.

Ordered, that Messrs. Greening, Bridges and Brandon be appointed a committee of conferrence, to adjust the differences as to the disagreement between the Houses, as to the amendments made by the Senate, to the bill entitled an act to fix the salary of the President of the Bank of the State of Alabama.

A message from the Senate, by Mr. Lyon, their secretary:- Mr. Speaker, the Senate recede from their amendment to the bill entitled an act making appropriations for certain claims against the state, by striking out the 21st section.

On motion of Mr. Creagh, Resolved, That the Senate be informed that the House of Representatives are now ready to proceed in the unfinished business of yesterday; and that the west end of the Representatives Chamber is appropriated for their reception.

Mr. Creagh, from the joint committee appointed, by both Houses, to wait on his excellency the Governor, and inform him that the two Houses will be ready to adjourn this evening, sine die, and know if he has any further communication to make, have performed that duty, and have been requested by his excellency to say, that he has no further communication to either branch of the general assembly.

Mr. Heard, from the committee on enrolled bills, reported, that they have examined, and found correctly enrolled, bills of the following titles, to wit: an act making appropriations for the year 1826; and resolutions 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.

A message from the Senate, by Mr. Lyon, their secretary:- Mr. Speaker, the Senate have appointed a committee on their part, to consist of Messrs. Crawford, Jackson of L. and Bagby, to confer with the committee, appointed on the part of your honorable body, upon the disagreement between the two Houses, on the amendments made by the Senate, to the bill entitled an act to fix the salary of the President


227

of the Bank of the State of Alabama.  They have passed a bill, which originated in their House, entitled an act concerning the University lands- in which they desire your concurrence.

Mr. Heard from the committee on enrolled bills, reported that they had examined and found correctly enrolled, bill of the following title, to wit: an act requiring the judges of the circuit courts to alternate, and for other purposes.

Engrossed bill from the Senate to be entitled an act concerning the University lands, 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 and third time forthwith and passed.  Ordered, that the clerk acquaint the Senate therewith.

On motion of Mr. Tate, the House adjourned till one o'clock.

Evening Session, 1 o'clock.  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 alter and extend the time of holding certain circuit courts therein named, and for other purposes; an act concerning the University lands; an act to fix the salary of the President of the Bank of the state of Alabama; an act making appropriations for certain claims against the state.

The Senate having repaired to the Hall of the House of Representatives, both Houses then proceeded to the election of a trustee of the University from the first judicial circuit, in the place of Mr. Dellett, resigned; John G. Creagh being in nomination- for Mr. Creagh 45 votes.

Those who voted for Mr. Creagh, are Mr. President, Ash, Bagby, Brown, Casey, Crawford, Jackson of L. Jones, McCamy, Skinner, Sullivan, Vanhoose, Mr. Speaker, Bailey of L. Baylor, Baxter, Benson, Brandon, Bridges, Broadnax, Brown, Coleman, Cook, Coopwood, Crenshaw, Davis, Greening, Heard, Hickman, Jones, Lyon, Martin of La., Martin of Li., Neill, Oliver, Pickens, Shotwell, Sims, Tate, Thornton, Tindall, Vining, Weissinger, White, Williams.  Mr. Creagh having received all the votes present, was declared to be duly elected.

The two Houses then proceeded to the election of Commissioners to class and fix the price of the university lands, according to a law of the present session.

Josiah D. Lister, James H. Draughan, and John W. Moore, being in nomination from the first judicial circuit:- Isaac Brown, Wm. H. Wilson and Bolling Hall, from the 2d:- Green Hill, Willis Banks, and Peyton King, from the 3d:- John Chisolm, Francis Bullock and Robert Beattie, from the 4th:- Clement Billingslea, Thomas Rivers and Larkin Cleaveland, from the 6th judicial circuit.  Each of the persons in nomination received 50 votes, and were declared to be duly elected.  Those who voted for them, are Mr. President, Bagby, Brown, Casey, Clay, Crawford, Jackson of L., Jones, Miller, Skinner, Sullivan, Vanhoose, Mr. Speaker, Armbrister, Bailey of L., Baylor, Baxter, Benson, Brandon, Bridges, Broadnax, Brown, Coe, Coleman, Cook, Conner, Coopwood, Creagh, Crenshaw, Davis, Dellett, Hickman, Jones, Lewis, Lyon, Martin of La., Martin of Li., McLemore, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Sims Tindall, Vining, Weissinger, White.

The Senate withdrew.

Mr. Bridges, from the committee of conference, reported, that the committee appointed on the part of this House to confer with the committee on the part of the Senate, on the disagreement of the two houses on the amendment made by the Senate to the bill entitled an act to fix the salary of the President of the Bank of the state of Alabama, have conferred on the subject referred to, and beg leave to submit the following report: They have agreed to strike out the 2d section of the


228

bill, which relates to the salaries of the comptroller, secretary of state and treasurer, also to strike out the proviso contained in the 4th section of the bill as amended, and in lieu thereof insert the following:- Provided, that the fourth section of this act shall not take effect until from and after the first day of March next.

On motion of Mr. Martin of La. Resolved, that in all cases where claims have been presented and not allowed, the claimants may have leave to withdraw all the papers of such claims as are not allowed.

Message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate concur in the report of the committee of conference appointed on the disagreement between the two Houses upon the amendment made by the Senate to the bill entitled an act to fix the salary of the President of the Bank of the state of Alabama, which recommends that the 2d section of the bill be stricken out, and the proviso to the last section; and that the last section thereof shall take effect from and after the first day of March next.

Mr. Martin of Li. moved that the report of the bank committee be spread on the journal, which was carried. and is as follows:

The joint committee, appointed by both branches of the general assembly, to examine into the situation and condition of the Bank of the State of Alabama, respectfully report:- That the paper hereunto annexed, marked A. is an expose of the situation and condition of the Bank, to the 9th day of January, 1826.  From this statement it will be perceived that the sum of four hundred and forth-eight thousand eight hundred and fifty-nine dollars is due to the Bank, on notes discounted to individuals.  It cannot be expected from the committee, to say that this money has been loaned exclusively to solvent persons, and that the debts are entirely safe; but so far as the committee have been able to ascertain the situation of the debtors to the Bank, they have not discovered that the Institution will sustain any loss from the debts now due.

The situation of the Bank, as exhibited by the statement hereunto annexed, speaks for itself but the interest of the Institution and of the State, may require from the committee, an expression of their opinion, as to the solvency of the Bank, and its ability to meet the demands against it.  On this subject, there can be no difference of opinion.

The committee were appointed as a late period of the present session of the general assembly; and the short space of time allowed to hem has had the effect of prescribing certain limits to their examination; but they are perfectly satisfied us to the correctness of the report which they now submit, and that the Institution is entitled to the confidence of the public.

THO'S D. CRABB, Chairman of the part of the Senate.

(Signed,)                      T.L. HALLETT, Chairman on the part of the House.


229

[A]

State of the Bank of the State of Alabama, on the 9th day of January, 1826.

Capital Stock

$253, 646 46

Notes discounted

$448,859 00

Notes in circulation

278  507 00

Banking House

1,119 17

Individual deposits

164,735 04

Due by other Banks

1,165 38

Expenses chargeable upon the Institution up to this date remaining unpaid, exclusive of the President's salary, and such amount as may be allowed to the hon. Wm. R. King, for negotiating the loan of $100,000 in New York

3,166 80

Cash on hand, viz:

Specie

141,330 00

Notes of other Banks

109,210 84

---------------

250,540 39

Gain on the transactions of the Bank up to this date, as appears by the statement annexed, marked B

1,629 09

-----------------

--------------

701,684 39

$701,684 39

[B]

Statement of expenses incurred, and interest received, by the Bank of the State of Alabama.

To interest on the loan of 100,000 dolls. in N. York. form 1st October, 1824, to 9th of January, 1826,

7,650 00

By discount premium on bills, and interest received from the commencement of the operations of the Bank up to the 9th of January, 1826, as appears by the books of the Bank,   -

$21,783 31

To interest on the University Fund, $48,065 75, from 1st Jan. 1825, & $3,544 19 from 1st March, 1825,

3,396 24

To current and permanent expenses from the commencement of the operations of the Bank up to 9th Jan. 1826, including the sum of $3,166 08 due by the institution, and remaining unpaid

9,108 01

To gain on the transactions of the Bank up to January 9th, 1826,

1,629 09

--------------------

--------------------

$21,783 34

$21,783 34

 

A message from his excellency the Governor, by James I. Thornton, secretary of state: Mr. Speaker, the Governor did, this day, approve and sign, an act for the relief of certain persons therein referred to; 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 entitled an act to amend the laws now in force in relation to the duties of the county treasurers of this state; an act to provide for the trial of officers in the militia of this state, and for other purposes; an act requiring the judges of the circuit courts to alternate and for other purposes; an act making appropriations for the year 1826; a resolution authorizing the Governor to appoint commissioners to adjust the unsettled accounts between this state and the state of Mississippi, an act to provide for the payment of the expenses incurred in the reception of Gen. La Fayette; an act to authorize judges of the circuit courts, in certain cases, to order juries to be empannelled; an act to authorize Wm. H. Rags-


230

dale and his associates to turnpike a road therein specified; an act for the relief of the public printer of this state; an act to fix the salary of the President of the Bank of the state of Alabama; an act making appropriations for certain claims against the state- all of which originated in this House.

Message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate have compelled the business before them, and are now about to adjourn sine die.  Mr. Martin of Li. moved that this House do now adjourn sine die: Whereupon, the Speaker delivered the following address:

Gentlemen of the House of Representatives,

Our labours are now closed.  Allow me, on this occasion, to express the grateful sense I entertain of the distinguished honor conferred on me by the generous partiality of the House.

To preside over the deliberations of this House was a proud and perilous elevation.  Admonished by a distrust of my own capacity to discharge the various duties attached to the station, I would have gladly declined the hazardous experiment; but the partiality of my friends ordered it otherwise.  Duty and gratitude to them called upon me for every sacrifice and every exertion on my part to meet their calculation. The station was new to me.  I could only bring to the discharge of its duties that portion of common sense allowed me by Providence, and an ardent zeal for the prosperity and honor of my country.

I could not, I did not expect to enjoy the rate felicity of pleasing all concerned: to escape merited censure was all I dared to hope.  I have been faithful and zealous in the discharge of my various, important and complicated duties.  If I have on any occasion fallen below expectation, it has been my misfortune, not my fault.  If I have been mistaken in deciding any point of order, during the session, the generous partiality of the House has sustained me even in error.

Cold indeed must be the heart that could forbear to express the most grateful sense of kindness and confidence like this.

Permit me, gentlemen, to indulge the hope, (although more could have been done by others,) yet that the trust now returned to the hands that generously gave it is unimpaired in its purity, and untarnished in the feeble hands, to which it was committed.  With a feeling which I cannot repress, but you can pardon, I bid you a warm a cordial adieu.

The House then adjourned sine die.

WILLIAM KELLY,

Speaker of the House of Representatives.

Attest,

T.B. TUNSTALL, Clerk of the House of Representatives.

ERRATUM-Page 218, first line for Senate, read House of Representatives.