Monday, Jan. 2, 1826.

Mr. Barton of T. from the committee on ways and means to whom was referred a resolution instructing them to inquire into the expediency of adopting some effectual mode for the recovery of the property heretofore escheated to the state, and of all other property or debts to which the state is entitled, reported a bill to be entitled an act amenda-

19


146

tory of an act entitled an act to regulate escheators in this state and to appoint escheators, which was read a first time and ordered to be read a 2d time. Mr. Barton of T. from the committee on ways and means to whom was referred the petition of the stockholders of the Bank of Mobile, praying in part a reduction of the taxes on the stock of said Bank, reported that the prayer of the petitioners is unreasonable and ought not to be granted, in which report the House concurred.

Mr. Barton of T. from the committee on ways and means, to whom was referred a resolution instructing them to inquire into the expediency of passing a law exempting persons from paying tax for any slave or slaves, when such slaves are unable, from any natural deformity, disease of accident to do sufficiency of labor to support themselves also, to inquire into the expediency of exempting from taxation all white males who are disabled from the aforesaid causes, so as to prevent them doing the ordinary labor  necessary for a support reported a bill, to be entitled an act to exempt certain persons, therein described from taxation which was read a first time & ordered to be read a 2d time.

Mr. Barton of T. from the committee on ways and means, to whom was referred a resolution instructing them to inquire into the expediency of providing more ample and sufficient remedies against delinquent tax collectors and others, charged with the collection and disbursement of public monies, and their securities reported a bill, to be entitled an act for the collection of monies due the state, and other purposes, and an act supplementary thereto; which was read a first time, and ordered to be read a second time.

Mr. Hallett from the committee on accounts to whom was referred the account of William D. Stone, sheriff of Mobile county, for provisions furnished certain prisoners in the jail of said county, reported that said account is not authenticated according to the mode prescribed by law, and ask leave to be discharged from the further consideration thereof which was agreed to.

Mr. Hallett from the committee on accounts to whom was referred the accounts of Mark Shelton and Abner Rose, sen. for services rendered as bailiffs of the circuit court of Lauderdale county, at April and October terms, during the present year, reported, that said accounts are legally chargeable upon the county treasury, and ask leave to be discharged from the further consideration thereof; which was agreed to.

Mr. Hallett from the same committee to whom was referred the account of Micajah Shirley, jailor of Conecuh Co. for provisions furnished Jacob Wages, a prisoner in the jail of said county, reported that said account is not authenticated according to the mode prescribed by law, and ask leave to be discharged from the further consideration thereof; which was agreed to.

Mr. Barton of Mo. from the select committee, to whom was referred so much of the Governor's annual communication as relates to the Salt Springs, granted to this state by the United States, ask leave to make the following report:   By the second clause of the sixth section of an act of the Congress of the United States, entitled "an act to enable the people of the Alabama Territory to form a constitution and state government and for the admission of such state into the Union on an equal footing with the original states," passed, March 3, 1819, it is provided "that all Salt Springs within the said territory, and the lands reserved for the use of the same, together with such other lands as may by the President of the United States, be deemed necessary and proper for working the said Salt Springs, not exceeding in the whole, the quantity contained in 36 entire sections, shall be granted to the said state, for the use of the people of said state;


147

to be used under such terms, conditions and regulations, as the legislature of the said state shall direct:   Provided, the said legislature shall never sell or lease the same for a longer term than ten years, at any one time." And by an act of the general assembly of this state, entitled "an to lease certain Salt Springs," passed, December 17, 1819, the Governor is authorized to appoint a fit and proper person to lease the Salt Springs and lands granted by the United States to this state, for a term not exceeding that stipulated in the act by which the same were granted on such terms as will ensure the working the said Springs most extensively and most advantageously to the state. In discharging the duty assigned them by the House, your committee have endeavored to ascertain what Salt Springs have been discovered within the state, and what reservations have been made under the aforesaid act of Congress, for the se of the same. They find by the records of the executive department, that certain Salt Springs, situated in Monroe and Clarke counties, between the Tombeckbee and Alabama rivers, have been taken possession of by the state, but the files of that office afford no information, whatever, as the quantity of land, (if any,) which has been actually reserved, under the authority of the aforesaid act of Congress. They also find that, under the above mentioned act of the general assembly, Jesse Beene, esq. was, on the 4th of December 1821, appointed, by the executive, as the agent of the state, to lease certain Salt Springs, belonging to the state, and lying between the Tombeckbee and Alabama rivers; and that, in pursuance of instructions from the Governor, as the said agent, reports, he proceeded, early in the year 1822, to advertise for proposals for leasing the said Springs; that, on the 5th of April, 1822, a contract was entered into, by the agent, with Edward G. Terrell, to go into operation on or before the 1st of July, 1823, which contract was forfeited by Mr. Terrell; that no further offer was made to lease the said Springs, until within the present year; that, during the last spring, proposals were made by Seth Hunt of New York, with whom a contract was concluded by the agent on the 13th of May- by the terms of which, Mr. Hunt is to receive possession of all the Salt Springs and water, with the lands reserved to the state of Alabama by the United States, for the support of salt works in the counties of Clarke and Monroe, for the term of ten years, and agreed on his part that, on or before the 1st of January, 1826, salt works should be in operation in some part of said lands, and should be kept in operation the remainder of the term, so as to produce in each and every year, from the day last aforesaid, six hundred thousand bushels of Salt; which is to be sold at a price not exceeding seventy five cents for every fifty pounds, and if sold by Mr. Hunt at any other place within the limits of the state, there is to be no greater addition of price than the cost of transportation from the works. The buildings to be kept in repair, and possession rendered to the authorized agent of the state at the end of the term, or when the contract may be forfeited. No waste is to be committed; and upon the failure of Mr. Hunt to perform any part of his agreement, the lease expires (See the agent's report)

In fulfilling the injunctions of the law, the executive appears to have been governed by two very important and highly beneficial considerations, to wit:   1st. To ensure the manufacture of the greatest quantity of salt, within the term of the lease; and 2dly. That it be sold at a reasonable price. The committee have learnt, with much satisfaction, that Mr. Hunt has recently arrived with all necessary means for carrying his contract into effect; and that there is a fair prospect of the establishment being rendered, under judicious management, a fruitful source of public and private benefit to the state. Approving the measures, (as far as they go,) which have been adopted by the executive, in relation to this interest, your committee recommend the adoption of the following resolution, and ask leave to be discharged from the further consideration of the subject: Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the Governor be, and he is hereby, authorized to take the requisite measures for obtaining a reservation of such lands as


148

may be necessary and proper for working the Salt Springs, granted to this state by the United States. In which report the House concurred.

Mr. Lyon obtained leave to introduce a bill to be entitled an act for the relief of Jesse Grimes; which was read a first time and ordered to be read a second time.

Engrossed bill to be entitled an act to authorize the judge of the county court and commissioners of revenue and roads of Lauderdale county to levy a tax for the purposes therein specified was read a 3d time. Mr. Coalter moved to amend the same by way of engrossed rider; which was carried and passed. Ordered, that the title be changed from that of a bill to that of an act. Ordered, that the same be sent to the Senate for their concurrence.

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 giving additional compensation to the solicitor of the first judicial circuit in which they desire your concurrence. They have also passed a bill, which originated in the House of Representatives entitled an act for the relief of Henry Fountain. And then he withdrew.

Mr. Brandon obtained leave to introduce a bill, to be entitled an act to authorize an information, in the nature of a quo warranto, to be filed against the Indian creek navigation company; which was read a first time and the rule, requiring bills to be read on three several days, being dispensed with, 4-ths of the members voting in the affirmative, it was read a 2d time forthwith, and referred to the judiciary committee.

Mr. Lewis obtained leave to introduce a bill, to be entitled an act to compel those making saltpetre in this state to enclose their works-which was read a first time and ordered to be read a second time.

A bill to be entitled an act for the relief of purchasers of lots in the town of Cahawba, was taken up and laid on the table. Engrossed bill from the Senate to be entitled an act giving additional compensation to the solicitor of the first judicial circuit, was read a first time, and the rule requiring bills to be read on three several days being dispensed with, four-fifths of the members present voting in the affirmative, it was read a second time forthwith and referred to the judiciary committee. A bill to be entitled an act to establish a 7th judicial circuit, was taken up and postponed until to-morrow. A bill to be entitled an act for the relief of Lewis Houser, was taken up and laid on the table. Engrossed bill to be entitled an act for the settlement and relief of free negro children, was read a third time- Mr. Baxter moved to amend the same by way of engrossed rider, which was carried- Mr. Benson moved to amend the title by the words and for other purposes, and passed. Ordered, that the title be changed from that of a bill to that of an act.  Ordered, that the same be sent to the Senate for concurrence. Engrossed bill to be entitled an act regulating the mode of emancipating slaves, was read a third time and passed.  Ordered, that the title be changed from that of a bill to that of an act.  Ordered, that the same be sent to the senate for concurrence.

Mr. Hallett from the select committee to whom was referred a bill to be entitled an act to repeal an act entitled an act the more effectually to ensure the testimony of absent witnesses by interrogatories, reported the same to this House without amendment. Said bill was taken up and read a second time, and the question being put, shall this


149

bill be engrossed and read a third time? it was determined in the affirmative- Yeas 32, nays 27.

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

Mr. Speaker

Brown

Dellett

Hickman

Moore

       Bailey of La.

Coalter

Dupuy

Lambert

Morton

       Baylor

Cook Creagh

Edmondson

Lewis Lyon

Tate

       Baxter

Coopwood

Fluker

Martin of La.

Thornton

       Benson

Crenshaw

Greening

Martin of Fr.

Tindall

       Brandon

Davis

Heard

Mead

Vining- 32

Those who voted in the negative, are

Mr. Armbrister

Conner

McLemore

Saffold

Warren

       Bailey of Mt.

Fitzpatrick

McNeill

Shotwell

Watson

       Barton of Tus

Hallett

Oliver

Sims

Weissinger

       Bridges Coe

Inge Jones

Peyton

Vaughan

White

       Coleman

King

Pickens

Walthall

Williams- 27.

Engrossed bill to be entitled an act for the relief of the Mobile and Tombeckbe banks against certain penalties heretofore incurred, was read a third time and passed.  Ordered, that the title be changed from that of a bill to that of an act.  Ordered, that the same be sent to the Senate for concurrence. And then the House adjourned for one hour.

Evening Session. Engrossed bills of the following tiles, to wit:- An act supplementary to the several acts regulating taverns and to restrain tippling houses; an act declaring Pine Barren creek in Wilcox county a public highway; an act to incorporate Milton Academy and to empower the trustees of the same to raise a lottery or lotteries; an act to regulate the navigation of certain rivers in this state by steam boats; an act to authorize the raising by lottery a sum of money for the purposes therein specified; an act to legalize the several official acts of the coroner of Decatur county in this state; 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 Dec. 31, 1822; an act to incorporate the town of Pickens in the county of Pickens; and, an act to locate permanently the seat of justice in the county of  Shelby, were severally read the 3d time & passed.  Ordered, that the titles be changed from that of bills to that of acts. Ordered, that the same be sent to the Senate for concurrence.

The House took up a resolution proposing sundry amendments to the constitution of the state of Alabama, which was read a second time and ordered to be engrossed for a third reading.

Mr. Warren presented the account of Pleasant Wright, jailer of Greene Co. which was read and referred to the committee on accounts.

Mr. Barton of Mo. presented the account of Ebenezer Johnson, coroner of Mobile county;  which was read and referred to the committee on accounts.

A message from the Senate by Mr. Lyon, their secretary:   Mr. Speaker, the Senate have read three times and passed bills and a joint resolution which originated in their house, entitled an act concerning justices of the peace and constables of Greene; and resolutions instructing our Senators and requesting our Representatives in Mobile co; an act to alter the times of holding the county courts of the county representatives in Congress to use their best endeavors to procure the passage of a law to reduce the price of the public lands after they have been offered a public auction; and also to use their best endeavors to procure for this state the lands to which the Indian 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; in which they desire your concurrence. They have also


150

read three times and passed bills and joint resolutions which originated in the House of Representatives, entitled an act to incorporate the trustees of La Fayette Academy in the village of La Grange; an act to extend the corporate limits of the town of Moulton, and for other purposes; a joint resolution relating to the boundary line between the state of Alabama and the state of Georgia; and a joint resolution memorializing Congress in relation to certain public works therein named. And then he withdrew.

Engrossed bills from the Senate of the following titles, to wit:   An act concerning justices of the peace and constables in Mobile county; and An act to alter the time of holding the county courts of the county of Greene, were severally read a first time and ordered to be read a 2d time. Engrossed resolutions, from the Senate, instructing our Senators and requesting our Representatives in Congress to use their best endeavors to procure the passage of a law to reduce the price of the public lands, after they have been offered at public auction &c. was read a first time; Mr. Davis moved that the further consideration thereof be indefinitely postponed, which was lost- Yeas 2, nays 58.

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

Mr. Davis and Tindall - 2.                    Those who voted in the negative,  are

Mr. Speaker

Brown

Fluker

Martin of La.

Sims   Tate

      Armbrister

Coalter         Coe

Greening

Mead

Thornton

      Bailey of La.

Coleman

Hallett

McLemore

Vaughan

      Bailey of Mt.

Conner

Heard

McNeill

Vining

      Barton of Mo.

Coopwood

Hickman

Moore

Walthall

      Barton of Tus

Creagh

Inge       Jones

Morton

Warren

      Baylor

Crenshaw

King      Lewis

Oliver

Watson

      Baxter

Dellett

Lambert

Peyton

Weissinger

      Benson

Dupuy

Lyon

Pickens

White

      Brandon

Edmondson

Mardis

Saffold

Williams- 58.

      Broadnax

Fitzpatrick

Martin of Fr.

Shotwell

And the rule requiring bills to be read on three several days being dispensed with four-fifths of the members present voting in the affirmative, it was read a second time forthwith and referred to a select committee, consisting of Messrs. Greening, Barton of Mobile and Benson.

Engrossed bill to be entitled an act the more effectually to secure the free and impartial exercise of the elective franchise, was read a 3d time, and the question being put shall this bill pass? it was determined in the affirmative:   yeas 35, nays 26.

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

Mr. Speaker

Brandon

Hallett

Martin of La.

Shotwell

       Bailey of L.

Coleman

Hickman

Mead

Thornton

       Barton of Mo

Conner

Jones

McLemore

Vining

       Barton of T.

Davis

King

McNeill

Walthall

       Baylor

Dupuy

Lambert

Morton

Watson

       Benson

Edmondson

Lewis

Peyton

Weissinger

       Broadnax

Fitzpatrick

Martin of F.

Saffold

White-5

Those who voted in the negative, are

Mr. Armbrister

Coalter

Dellett

Lyon

Sims

       Bailey of Mt.

Coe     Cook

Fluker

Mardis

Tate

       Baxter

Coopwood

Greening

Moore

Vaughan

       Bridges

Creagh

Heard

Oliver

Warren

       Brown

Crenshaw

Inge

Pickens

Williams- 26

 Ordered, that the title be changed from that of a bill to that of an act.  Ordered, that the same be sent to the Senate for concurrence.

Engrossed bill from the Senate to be entitled, an act to alter and amend the several laws now in force in the state to suppress the evil practice of duelling


151

was read a third time and the question being put, shall the bill pass? it was determined in the affirmative- Yeas 38, nays 23.

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

Mr. Bailey of Mt.

Coe

Greening

Martin of F.

Tate

       Bailey of La.

Cook

Hallett

Martin of La.

Thornton

       Barton of Mo.

Crenshaw

Heard

Mead

Tindall

       Barton of Tu.

Davis

Hickman

McNeill

Vaughan

       Benson

Dellett

Inge

Moore

Walthall

       Broadnax

Dupuy

Lambert

Morton

Williams- 38

       Brown

Edmondson

Lewis

Oliver

       Coalter

Fitzpatrick

Lyon

Peyton

Those who voted in the negative, are

Mr. Speaker

Bridges

Creagh

Pickens

Watson

Sims

       Armbrister

Coleman

Fluker

Jones

Saffold

Weissinger

       Baxter

Conner

Mardis     King

Shotwell

White

       Brandon

Coopwood

McLemore

Warren

Vining- 23

 Ordered that the clerk acquaint the Senate therewith.

A message from the Senate by Mr. Lyon, their secretary:   Mr. Speaker, the Senate insist upon their disagreement to the amendment made by your honorable body to the memorial to the Congress of the United States, praying further relief to the purchasers of public lands. And then he withdrew.

Mr. Morton moved that the House recede from their amendment to a memorial from the Senate, of the Senate and House of Representatives in General Assembly convened, to the Congress of the United States, praying further relief to the purchasers of public lands; which was lost- Yeas 16, nays 45.

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

Mr. Bailey of L.

Coalter

Crenshaw

Inge Moore

Oliver

       Bailey of Mt.

Conner

Dellett

Mead

Tate

       Barton of T.

Creagh

Hickman

Morton

Thornton-16

Those who voted in the negative, are

Mr. Speaker

Brown

Fluker

Martin of La.

Thornton

       Armbrister

Coe

Greening

Martin of Fr.

Vaughan

       Barton of Mo.

Coleman

Hallett

McLemore

Vining

       Baylor

Cook

Lambert

McNeill

Walthall

       Baxter

Coopwood

Heard

Peyton

Warren

       Benson

Davis

Jones

Pickens

Watson

       Brandon

Dupuy

King

Saffold

Weissinger

       Bridges

Edmondson

Lewis

Shotwell

White

       Broadnax

Fitzpatrick

Mardis

Sims

Williams, 45.

Mr. Morton moved that a committee of conference be appointed on the part of this House to act with such committee as may be appointed on the part of the Senate, as to the disagreement between the two Houses on the subject of the amendment made by this House to said memorial:  whereupon Messrs. Greening, Vining and Davis were appointed said committee.

On motion of Mr. Barton of T. the House proceeded to the election of a select committee on the part of this House, to act with such committee as may be elected on the part of the Senate, for the purpose of examining the affairs of the Bank of the state of Alabama, whereupon Messrs. Greening, Dellett and Hallett were elected said committee.

Mr. Martin of F. presented the account of Benj. Hudson, which was read and referred to the committee on accounts.

Mr. Hallett presented the account of B. B. Breedin for services rendered as judge advocate of a court martial, which was read and referred to the committee on accounts. A bill to be entitled an act to alter the mode of appointing assessors and tax-collectors, was read a 2d time. Mr Morton moved that the further consideration thereof be indefi-


152

nitely postponed, which was lost- yeas 30, nays 31.

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

Mr. Speaker

Baxter

Dellett

Lambert

Oliver

      Armbrister

Coalter

Edmondson

Lewis

Pickens

      Bailey of L.

Coe

Fluker

Mardis

Tate

      Barton of Mo.

Conner

Hallett

Mead

Thornton

      Barton of Tus.

Creagh

Hickman

Moore

Tindall

      Baylor

Crenshaw

Inge

Morton

Williams- 30.

Those who voted in the negative, are    

Mr. Bailey of M.

Coleman

Greening

McNeill

Vining

      Benson

Cook

Heard

Peyton

Walthall

      Brandon

Coopwood

Jones King

Saffold

Warren

      Bridges

Davis

Martin of Fr.

Shotwell

Watson

      Broadnax

Dupuy

Martin of La.

Sims

Weissinger

      Brown

Fitzpatrick

McLemore

Vaughan

White-31

Mr. Dellett moved that the further consideration of the same be postponed until tomorrow, which was carried. Mr. Mead moved that this House adjourn till 10 o'clock tomorrow morning which was lost. Yeas 23, nays 38.

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

Mr. Bailey of L.

Creagh

Hallett

Mead

Thornton

      Barton of Mo

Crenshaw

Heard

Moore

Tindall

      Barton of T.

Dellett

Inge

Oliver

Vaughan

      Baylor

Fluker

Lambert

Peyton

      Conner

Greening

Lewis

Tate

 Those who voted in the negative, are

Mr. Speaker

Brown

Edmondson

McLemore

Walthall

      Armbrister

Coalter

Fitzpatrick

McNeill

Warren

      Bailey of Mt.

Coe

Hickman

Morton

Watson

      Baxter

Coleman

Jones

Pickens

Weissinger

      Benson

Cook

King

Saffold

White

      Brandon

Coopwood

Mardis

Shotwell

Williams

      Bridges

Davis

Martin of Fr.

Sims

      Broadnax

Dupuy

Martin of La.

Vining

Mr. Morton moved that the House adjourn till 7 o'clock this evening;  which was lost. Yeas 19, nays 40.

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

Mr. Armbrister

Brown

Fitzpatrick

Mardis

Tate

      Bailey of L.

Coe

Fluker

Moore

Thornton

      Baxter

Crenshaw

Hickman

Morton

Tindall

      Broadnax

Edmondson

Inge

Oliver

Those who voted in the negative, are

Mr. Speaker

Coalter

Greening

Martin of La.

Vaughan

      Bailey of Mt.

Coleman

Hallett

McLemore

Vining

      Barton of Mo.

Cook

Heard

McNeill

Walthall

      Barton of Tus

Conner

Jones

Peyton

Warren

      Baylor

Coopwood

King

Pickens

Watson

      Benson

Creagh

Lambert

Saffold

Weissinger

      Brandon

Davis

Lewis

Shotwell

White

      Bridges

Dupuy

Martin of Fr.

Sims

Williams

Mr. Barton of M. presented the petition of Maximillien Dubroca; which was read and referred to the judiciary committee.

On motion of Mr. Martin of La. was resolved that the judiciary committee be instructed to inquire into the expediency of passing a law making it the duty of the judges of the circuit courts in this state to hold intermediate terms of the circuit courts, with power to appoint some other judge to hold such intermediate term and otherwise to regulate their interchange of ridings and that said committee report by bill or otherwise. The House adj'd till tomorrow morning 9 o'clock.