Wednesday, Jan. 4, 1826.

Mr. Heard from the committee on engrossed bills, reported that he had examined and found correctly enrolled, bills of the following titles:   An act concerning taxes in Mobile county, An act to provide for the payment of petit jurors in the counties of Blount, Montgomery, Mobile and Baldwin, and for other purposes; An act to establish a permanent seat of justice in the county of


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Jackson, and for other purposes; An act to incorporate the trustees of the La Fayette academy, in the village of La Grange; A joint resolution relating to the boundary line between the state of Alabama and the state of Georgia; An act to incorporate the town of Florence, in the state of Alabama; A joint resolution memorializing Congress in relation to certain public works therein named; An act for the relief of Henry Fountain; An act to extend the corporate limits of the town of Moulton and for other purposes.

Message from the Senate, by Mr. Lyon their secretary:   Mr. Speaker, the Senate have read three times and passed bills which originated in their House, entitled an act to provide for the improvement of the navigation of certain rivers therein named; An act for holding two terms of the supreme court, and for other purposes; And an act to emancipate Nancy Powell, a slave, and her infant son Thomas; in which they desire your concurrence. They have read three times and passed a bill which originated in the House of Representatives, entitled an act to establish certain election precincts therein named, and have amended the same in the manner herewith shewn; in which they ask your concurrence. They have also read three times and passed a bill which originated in your House, entitled an act providing for the registration of deeds, grants, &c. and have amended the same by striking out the second section thereof; in which amendments they desire your concurrence. They concur in the amendments made by your honorable body to the bill entitled an act to alter and amend the several laws now in force in this state, to suppress the evil practice of duelling. They have elected a committee on their part to consist of Messrs. Crabb, Jackson of Lau. and Sullivan, to examine into the affairs of the Bank of the State of Alabama, according to the provisions of the act of the present session. And then he withdrew.

Mr. Hallett, from the committee on accounts, to whom was referred the account of Pleasant Wright, jailer of Green county, for feeding 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 of the same; which was agreed to.   Ordered, that the House concur in the amendment made by the Senate to the bill, entitled an act providing for the registration of deeds, grants, &c. by striking out the second section thereof.

Mr. Martin of Lau. moved that the House disagree to the amendment made by the Senate to a bill to be entitled an act to establish certain election precincts therein named, by striking out of the 8th section of the bill the words Wm. M. Middleton, and inserting in lieu thereof the words "John Webb, near" which was carried. Yeas 30, nays 20.

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

Mr. Speaker

Conner

Heard

Oliver

Vining

       Benson

Coopwood

Jones

Peyton

Watson

       Brandon

Davis

King

Saffold

Weissinger

       Bridges

Edmondson

Martin of Fr.

Shotwell

White

       Broadnax

Fitzpatrick

Martin of La.

Sims

Tate

       Coleman

Greening

Mead

Williams

Those who voted in the negative, are

Mr. Armbrister

Coalter

Hickman

Mardis

Neill

       Bailey of L.

Coe Creagh

Inge

McLemore

Tindall

       Baxter

Dellett

Lambert

Moore

Walthall

       Brown

Fluker

Lewis

Morton

Warren

 


162

Ordered, that the House concur in the amendment made by the Senate to the 9th section of the bill, by striking out the word, Cowens, and inserting in lieu thereof Adam Frances. The House concurred in the amendments of the Senate to the bill, by adding to the end thereof two additional sections.

Engrossed bills from the Senate of the following titles, to wit:   An act to provide for the improvement of certain rivers therein named; And an act to provide for the holding two terms of the supreme court, and for other purposes, were severally read a first time, and ordered to be read a second time.

Mr. Dellett from the committee to whom was referred a resolution instructing them to inquire into the expediency of passing a law making it the duty of the circuit judges in this state to hold intermediate terms of the circuit courts, with power in the presiding judge to appoint some other judge to hold such intermediate terms, and otherwise to regulate their interchange of ridings, reported a bill to be entitled an act requiring the judges of the circuit courts to alternate and for other purposes, which was read a first time and ordered to be read a 2d time.

Mr Dellett from the same committee to whom was referred a bill to be entitled an act the better to secure the rights of the citizens of this state, reported the same without amendment.

Mr. Dellett from the same committee to whom was referred a bill to be entitled an act to provide for and remedy defects in proceedings before justices of the peace, reported the same without amendment.

Mr. Dellett from the same committee to whom was referred an engrossed bill from the Senate, to be entitled an act giving additional compensation to the solicitor of the first judicial circuit, reported the same without amendment.

Mr. Barton of T. from the select committee to whom was referred an engrossed bill to be entitled an act for the relief of Ed. King, Thomas T. Walker, Sally B. Stephens and Ed. W. Powell, reported the same with sundry amendments, in which report the House concurred; the said bill was then read as amended, a 2d time. Mr. Vaughan moved that the further consideration thereof be indefinitely postponed,  which which was carried- yeas 31, nays 30.

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

Mr. Armbrister

Coleman

King

Neill      Oliver

Vining

      Bailey of La.

Conner

Martin of Fr.

Peyton

Warren

      Baxter

Coopwood

Martin of La.

Saffold

Watson

      Brandon

Davis

McLemore

Shotwell

White

      Bridges

Fitzpatrick

McNeill

Sims

Tate

      Brown

Greening

Morton

Vaughan

Williams-31

 

Those who voted in the negative, are

Mr. Speaker

Broadnax

Dupuy

Lambert

Pickens

      Bailey of Mt.

Coe

Edmondson

Lewis

Thornton

      Barton of Mo.

Cook

Fluker

Lyon

Tindall

      Barton of Tus

Creagh

Heard

Mardis

Walthall

      Baylor

Crenshaw

Hickman

Mead

Weissinger- 30

      Benson

Dellett

Inge Jones

Moore

Mr. Lewis obtained leave to introduce a bill to be entitled an act better to secure the revenue arising from licenses granted to tavern-keepers and others,  which was read a 1st time, & the rule requiring bills to be read on three several days, being dispensed with, it was read a 2d time forthwith, and ordered to be engrossed for a 3d reading.


163

Mr. Oliver from the select committee to whom was referred a bill to be entitled an act to allow merchants, physicians, shopkeepers & others to prove their own accounts, reported the same without amendment.

Mr. Pickens presented the account of Jesse Beene, clerk of the supreme court, which was read and referred to the committee on acc'ts.

Mr. Barton of M. from the select committee to whom was referred a bill to be entitled an act to emancipate Mary, the wife of Richmond Richardson, reported the same with sundry amendments, which was laid on the table.

Engrossed bill, from the senate, entitled an act to emancipate Nancy Powell, a slave, and her infant son Thomas, was read a first time and laid on the table.

A message from the Governor, by J. I. Thornton, Secretary of State:   - Mr. Speaker, I am instructed by the Governor to inform your honorable body, that he did, on the 3d inst. approve and sign an act to amend an act entitled an act, to establish a certain county therein named, and for other purposes, passed December 22, 1824; An act to emancipate certain slaves therein mentioned:   and an act for the relief of William McDonald; all of which originated in this House:   and then he withdrew.

A bill to be entitled an act for the relief of purchasers of lots in the town of Cahawba. Mr. McLemore moved to amend the same by adding thereto the following:   "purchased prior to the 1st July, 1819" Mr. Morton moved to amend the same by striking out the word fifty:   which was carried. Mr. Dellett moved the following amendment:   "payable out of the first monies which may arise from the sale of the public lands, and other property, in the town of Cahawba and adjoining thereto;" which was carried. On a call of the House the following members were absent, to wit:   Messrs. Bailey and Heard. The House adjourned for one hour.

Evening Session- The House met pursuant to adjournment.

On motion of Mr. Kelly, resolved that the comptroller be requested to lay before  this House, as early as practicable the amount paid into the treasury for lots in Cahawba; distinguishing the amount paid in cash, and the amount paid by relinquishment of other lots:   designating the time when such lots may have been sold.

The House then resumed the consideration of the bill entitled an act for the relief of the purchasers of lots in the town of Cahawba; and, on motion of Mr. Kelly, the further consideration thereof was postponed until to-morrow.

Engrossed bill from the Senate, to be entitled an act to require security upon granting a supersedeas, was read a third time and passed. Ordered, that the clerk acquaint the Senate therewith. The bill, to be entitled an act to establish a seventh judicial circuit, was taken up. - Mr. Williams moved that the further consideration thereof be indefinitely postponed; yeas 30, nays 27.

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

Mr. Armbrister

Coe

Dupuy

McLemore

Sims

      Bailey of La.

Coleman

Fluker

Moore

Walthall

      Bailey of Mt.

Conner

Hickman

Neill

Warren

      Baxter

Coopwood

Inge Jones

Peyton

Weissinger

      Bridges

Creagh

King

Pickens

Williams- 30

      Brown

Crenshaw

Martin of Fr.

Shotwell

Those who voted in the negative, are

Mr. Speaker

Coalter Davis

Heard

Morton

Tindall

      Barton of Mo.

Dellett

Lewis Mardis

Oliver

Vaughan

      Baylor

Edmondson

Martin of La.

Saffold

Vining

      Benson

Fitzpatrick

Mead

Tate

Watson

      Broadnax

Hallett

McNeill

Thornton

White- 27

The engrossed bill, to be entitled an act making appropriations for the year 1826, was read a third time and passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for concurrence. The engrossed


164

bill, to be entitled an act divorcing certain persons therein named, was read a 3d time- and the question being put, shall this bill pass? it was determined in the affirmative; a constitutional majority having voted for the passage thereof - yeas 44 nays 8.   Those who voted in the affirmative, are

Mr. Speaker

Bridges

Edmondson

Martin of Fr.

Vining

      Armbrister

Brodnax

Greening

Martin of La.

Walthall

      Bailey of L.

Brown

Hallett

Mead

Warren

      Bailey of Mt.

Coalter

Heard

McNeill

Weissinger

      Barton of Mo.

Coe

Cook

Hickman

Neill       Oliver

      Baylor

Conner Davis

Inge        King

Peyton

Williams

      Baxter

Dellett

Lewis      Lyon

Saffold Sims

White

      Brandon

Dupuy

Mardis

Tindall

Those who voted in the negative, are

      Coleman

Moore

Shotwell

Vaughan

Watson

      Jones

Pickens

Tate

Mr. Vining then moved that the titled of the same be altered to that of an act to divorce Naomi Pond from Stephen Pond, which was carried. Ordered, that the same be sent with the accompanying evidence to the Senate for their concurrence.

Engrossed bill to be entitled an act to divorce Louisa Trouillett from her husband Pierre L. Trouillett, was read a third time, and the question being put shall this bill pass? It was determined in the affirmative, there being a constitutional majority in favor of its passage. Yeas 37, nays 13.

Those who voted in the affirmative, are

Mr. Speaker

Brandon

Dupuy

Lyon

Vining

      Armbrister

Broadnax

Edmondson

Martin of Fr.

Walthall

      Barton of Mo.

Brown

Greening

Martin of La.

Warren

      Bailey of La.

Coalter

Hallett

Mead

Weissinger

      Bailey of Mt.

Coe          Cook

Heard

Neill Oliver

White

      Baylor

Conner

Hickman

Peyton

Williams

      Baxter

Davis

Inge King

Tindall

Those who voted in the negative, are

Mr. Coleman

Crenshaw

McLemore

Shotwell

Watson

      Coopwood

Dellett

Moore

Sims

      Creagh

Jones

Pickens

Vaughan

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

Engrossed bill, to be entitled an act to divorce William Gates from Susannah Gates, was read a third time, and the question being put, shall this bill pass? It was determined in the affirmative, there being a constitutional majority in favor of its passage. Yeas 34, nays 17.

Those who voted in the affirmative, are

Mr. Speaker

Broadnax

Heard

Martin of La.

Tindall

      Bailey of Mt.

Coalter

Hickman

Mead

Vining

      Barton of Mo.

Cook     Conner

Inge

Neill

Warren

      Baylor

Davis

King

Oliver

White

      Baxter

Dupuy

Lambert

Peyton

Williams

      Benson

Edmondson

Lewis

Sims

      Brandon

Greening

Martin of Fr.

Thornton

Those who voted in the negative, are

Mr. Bailey of L.

Creagh

Jones

Saffold

Walthall

       Brown

Crenshaw

McLemore

Shotwell

Weissinger

       Coleman

Dellett

Moore

Vaughan

       Coopwood

Fluker

Pickens

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


165

Mr. Lambert, a member of this House, from the county of Baldwin, hath leave of absence during the remainder of the session.

Engrossed bill, to be entitled an act to divorce Sarah Wall from James Wall, was read a third time and the question being put, shall this bill pass? it was determined in the affirmative, there being a constitutional majority in favor of its passage - yeas 42, nays 10. Those who voted in the affirmative, are

Mr. Speaker

Bridges

Edmondson

Martin of Fr.

Thornton

      Armbrister

Broadnax

Fitzpatrick

Martin of La.

Tindall

      Bailey of Mt.

Brown

Greening

Mead

Vining

      Barton of Mo.

Coalter     Coe

Heard

McNeill

Walthall

      Baylor

Conner

Hickman

Neill

Warren

      Baxter

Cook       Creagh

Inge

Oliver

Weissinger

      Benson

Davis

Lambert

Peyton

White

      Brandon

Dupuy

Lewis

Sims

Williams- 42

Those who voted in the negative, are

Mr. Bailey of L.

Coopwood

Jones

Pickens

Shotwell

      Coleman

Crenshaw

Moore

Saffold

Vaughan- 10.

Ordered, that the title of the bill be as aforesaid, and that it be sent to the Senate for concurrence.

Engrossed bill to be entitled an act to divorce Samuel Payne from his wife, Elizabeth Payne, was read a third time; and the question being put, shall this bill pass? it was determined in the affirmative; there being a constitutional majority in favor of its passage- yeas 42, nays 2.

Those who voted in the affirmative, are

Mr. Speaker

Broadnax

Greening

Mead

Tindall

      Armbrister

Coalter      Coe

Heard

McNeill

Vining

      Bailey of Mt.

Cook

Hickman

Neill

Walthall

      Barton of Mo.

Conner

Inge King

Oliver

Warren

      Baxter

Davis

Lambert

Peyton

Watson

      Benson

Dupuy

Lewis

Saffold

Weissinger

      Brandon

Edmondson

Mardis

Sims

White

      Bridges

Fitzpatrick

Martin of La.

Thornton

Williams- 42

Those who voted in the negative are Messrs. Coleman and Creagh.

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

A message from the Governor, by J. I. Thornton, secretary of state:   Mr. Speaker I am requested by the Governor to inform your honorable body, that he did, on this day, approve and sign an act to incorporate the Moulton library company; an act to establish the temporary seat of justice in the county of Walker; and an act to prohibit the further granting licenses for gaming - all of which originated in this body; and then he withdrew.

Engrossed bill, to be entitled an act to exempt school masters, teachers and students, from military duty, was read a third time; and the question being put, shall the bill pass? it was determined in the affirmative- yeas 33, nays 22.

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

Mr. Speaker

Coe

Greening

Moore

Thornton

       Bailey of M

Cook

Heard

Morton

Tindall

       Barton of Mo.

Conner

Hickman

Oliver

Vaughan

       Benson

Creagh

Lambert

Saffold

Walthall

       Broadnax

Crenshaw

Lewis

Shotwell

Weissinger

       Brown

Dellett

Martin of La.

Tate

White-33.

       Coalter

Fluker

Mead

Those who voted in the negative, are

Mr. Armbrister

Coopwood

Fitzpatrick

Martin of Fr.

Vining

        Baxter

Davis

Inge     Jones

McLemore

Warren

        Brandon

Dupuy

King

Neill

Watson

        Coleman

Edmondson

Mardis

Peyton Sims

White- 22

21


166

Mr. Benson moved to amend the title of said bill, by adding thereto the words "and for other purposes;" which was carried. Ordered, that the title be changed from that of a bill to that of an act, and that it be sent to the Senate for concurrence. And then the House adjourned till to-morrow 9 o'clock.