Thursday, January 5, 1826.

Mr. Dellett from the judiciary committee to whom was referred a bill to be entitled an act to authorize an information to be filed in the nature of a quo warranto against the Indian creek navigation company; and also the petition of sundry persons praying a repeal of the act incorporating said company, reported, the committee find that the General Assembly of this state, on the 21st Dec. 1820, passed an act incorporating the Indian creek navigation company. Whether the said company have misused or failed to use the rights and privileges secured to them by the said act of incorporation this committee are not informed except what is set forth in the petition above mentioned, and are satisfied it would not only be unsafe but contrary to the legal rights of the parties to recommend to this House the repeal of the charter upon an exparte application and upon such evidence as is exhibited in said petition. The committee are satisfied that the constitution and the laws secure to the applicants all that is sought by the aforesaid bill in a more ample and more legitimate channel than is attempted thro' the interference of this House. The committee have therefore to report the bill to this House without amendment.

Mr. Dellett from the judiciary committee to whom was referred the petition of Maximillien Dubroca, reported a bill to be entitled an act for the relief of certain persons therein referred to; which was read a first time and ordered to be read a second time.

Engrossed bills of the following titles, to wit: - An act to establish a permanent road from Florence in the county of Lauderdale, to Athens in the county of Limestone; an act respecting buoys and other land marks in Mobile Bay; an act to amend the laws now in force in relation to the duties of the county treasurers in this state; an act to repeal in part and amend an act entitled an act for the punishment of milicious mischief, passed Dec. 17, 1821; an act more effectually to prevent Sabbath breaking; an act to incorporate the trustees of the Tuscumbia female academy in Franklin county; an act granting to Geo. Phillips the privilege of a private landing on the reserved lands of the town of Cahawba; an act to amend the several acts now in force respecting the town of Montgomery; an act for the relief of Joshua Winsford; an act to alter and amend an act entitled an act to establish the seat of justice in the county of Autauga, passed Nov. 22, 1819; an act better to secure the revenue arising from licenses granted to tavern keepers and others were severally read a 3d time and passed. Ordered, that the titles be as aforesaid, and that the same be sent to the Senate for concurrence.

Engrossed joint resolution authorizing the Governor to order the quarter-master-general of this state to deliver 60 stand of arms, of those belonging to the state, to the Independent Blues of Mooresville Limestone county, was read a third time. Mr. Watson moved to amend the same by way of engrossed rider, which was carried and passed. Ordered, that the title be as aforesaid, and that the same be sent to the Senate for concurrence.


167

Engrossed bill to be entitled an act to alter the mode of appointing assessors and tax collectors, was laid on the table.

Message from the Senate by Mr. Lyon, their secretary:   Mr. Speaker the Senate have appointed on their part a committee to consist of Messrs. Jackson of La. Bagby and Crawford to confer with the committee appointed on the part of your honorable body upon the subject of the disagreement between the two Houses in relation 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. They have read three times and passed bills, which originated in their house entitled an act to establish a ferry and appoint commissioners to lay out a road therein named; an act giving further time to persons holding claims against their respective counties to file the same; an act to amend an act regulating the licensing physicians to practice, and for other purposes therein named, passed Dec. 22, 1823; and an act explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31, 1822:   in which they desire your concurrence. They have also read three times and passed bills which originated in the House of Representatives, entitled an act reserving from sale the university lands in the county of Tuscaloosa an act to authorize Wm. R. Parker to emancipate a certain slave therein named; an act for the relief of the inhabitants of the first township, range 7, east of the basis meridian of Huntsville; an act to amend an act entitled an act to alter and amend the charter of incorporation of the city of Mobile; also, an act regulating elections, and have amended the same in the manner herewith shewn; also, an act to establish and incorporate the town of Sommerville in the county of Morgan, which they have amended by striking out all of the bill after the enacting clause, and substituting one section in lieu thereof, and have also amended the caption of the bill in the manner herewith shewn.  They have also passed a bill entitled an act to amend an act to establish a certain road therein mentioned; and have amended the same by adding thereto an additional section:   in all of which several amendments they desire your concurrence- and then he withdrew. Ordered, that the House concur in the amendments made by the Senate to a bill to be entitled an act to amend an act entitled an act to establish a certain road therein mentioned by adding thereto an additional section. Ordered, that the House concur in the amendments made by the Senate to a bill to be entitled an act to establish and incorporate the town of Sommerville in the county of Morgan; by striking out all of the bill after the enacting clause, and substituting in lieu one section; and also have amended the caption of the bill. Ordered, that the House concur in the amendments made by the Senate to a bill to be entitled an act regulating elections, by striking out all the first section after the word precinct by striking out all of the 2d section after the word election; and also by adding thereto an additional section.

Engrossed bills from the Senate of the following titles, to wit:- an act explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31, 1822; an act giving further time to persons holding claims against their respective counties to file the same, were severally read a first time and ordered to be read a second time.   Engrossed bill from the Senate to be enti-


168

tled an act to amend an act regulating the licensing physicians to practice and for other purposed therein named, passed Dec. 22, 1823, 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 laid on the table. Engrossed bill from the Senate to be entitled an act to establish a ferry and appoint commissioners to lay out a road therein named, was read a first time and the question being put, shall this bill be read a second time ? it was determined in the negative.

Mr. Watson obtained leave to introduce a bill to be entitled an act in relation to the organization of Dale county, which was read a first time, and the rule requiring bills to be read on three several days, being dispensed with, it was read a second time forthwith, and referred to a select committee, consisting of Messrs. Watson, Oliver & Cook.

Mr. Dellett, from the judiciary com. to whom was referred a bill, to be entitled an act to authorize the transfer of administration and guardianship to any county in this state, reported a bill in lieu thereof, which was read a second time, and ordered to be engrossed for a third reading. Ordered, that Messrs. Dellett, Greening and Hallett, the committee appointed on the part of this House to act with the committee on the part of the Senate, to examine into the affairs of the bank of the State of Alabama, have leave to sit during the period requisite for the performance of that duty.

Engrossed bill to be entitled an act to alter the mode of appointing assessors and tax collectors, was taken up and read a third time. Mr. Davis moved to amend the same by way of engrossed rider, which was carried. Mr. Morton moved that the further consideration of the same be postponed until the 29th Feb. 1827, which was lost. Yeas 29, nays 32.

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

Mr. Speaker

Conner

Greening

Mardis

Pickens

       Bailey of La.

Creagh

Hickman

Martin of Li.

Tate

       Barton of Mo.

Crenshaw

Inge

Mead

Thornton

       Barton of Tus

Dellett

Lambert

Moore

Tindall

       Baylor

Edmondson

Lewis

Morton

Williams

       Coe

Fluker

Lyon

Oliver

Those who voted in the negative, are

Mr. Armbrister

Brown

Fitzpatrick

McNeill

Vining

       Bailey of Mt.

Coleman

Heard

Neill

Walthall

       Baxter

Cook

Jones       King

Peyton

Warren

       Benson

Coopwood

Martin of Fr.

Saffold

Watson

       Bridges

Martin of La.

Shotwell

Weissinger

       Broadnax

Davis Dupuy

McLemore

Vaughan

White

The question being put shall this bill pass, it was determined in the affirmative. Yeas 33, nays 30.

Mr. Armbrister

Brown

Heard

Neill

Walthall

       Bailey of Mt.

Coleman

Jones

Peyton

Warren

       Baxter

Cook

King

Saffold

Weissinger

       Benson

Coopwood

Martin of Fr.

Shotwell

White

       Brandon

Davis

Martin of La.

Sims

Watson

       Bridges

Dupuy

McLemore

Vaughan

       Broadnax

Fitzpatrick

McNeill

Vining

Those who voted in the negative, are

Mr. Speaker

Conner

Greening

Lyon

Oliver

 


169

Bailey of La.

Creagh

Hallett

Mardis

Pickens

Barton of Mo.

Crenshaw

Hickman

Martin of Li.

Tate

Barton of T.

Dellett

Inge

Mead

Thornton

Baylor

Edmondson

Lambert

Moore

Tindall

Coe

Fluker

Lewis

Morton

Williams

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

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 on the 4th instant, approve and sign an act declaring Paint Rock river, a public highway; An act for the relief of Leasa Lewis; An act to establish boundary lines between certain counties therein named; all of  which originated in this House. And then he withdrew.

Mr. Watson from the select committee, to whom was referred a bill to be entitled an act in relation to the organization of  Dale county, reported the same by adding thereto an additional section; in  which report the House concurred; 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 then read as amended, and ordered to be engrossed for a third reading today

Mr. Hallett, from the committee on accounts reported a bill to be entitled an act making appropriations for certain claims against the state; which was read a first time, and the rule requiring bills to be read on three several days being dispensed with, it was read a second time forthwith, and laid on the table.

Engrossed bill, to be entitled an act to establish an office of discount and deposit of the bank of the state of Alabama, was laid on the table.

On motion of Mr. Barton, of Mobile, it was resolved (if the honorable the Senate concur) that the two Houses will assemble in the Representative chamber at 7 o'clock, P. M. on Friday evening next, for the purpose of electing a harbor master, and four wardens for the port of Mobile. Ordered that the clerk inform the Senate thereof.

Bill to be entitled an act to regulate the rate of toll to be allowed the owner of the bridges over the Escambia creek, in the county of Conecuh, was read a second time, and ordered to be engrossed and read a third time. Bill to be entitled an act to encourage the building of a certain mill in Marengo county, was laid on the table. Bill to be entitled an act to authorize the judge of the county court, in certain cases to cause jurors to be summoned, was read a second time and referred to the judiciary committee.  Bill to be entitled an act to fix the salary of the president of the bank of the state of Alabama, was read a 2d time.  Mr. Kelly moved to amend the same, by adding an additional section, which was carried. Mr. Crenshaw moved to amend the same, by adding another additional section, which was carried.  Mr. Greening moved to amend the same bill, by inserting the words, and his successors in office, after the word Alabama, and before the word shall, in the first section of the bill, which was carried. And then the bill was ordered to be engrossed and read a third time. Bill to be entitled an act to repeal and amend in part an act, to regulate the rate of interest, passed, Dec. 17, 1819 was laid on the table.  Bill to be entitled an act to authorize defendants to plead a failure of consideration, was read a second time, and referred to the judiciary committee.

21*


170

Joint resolution requiring the sheriff of each county in this state to give notice to the electors to endorse on their tickets, at the next general election, biennially, was read the second time; and the question being put, shall this resolution be engrossed and read the third time? it was determined in the negative- yeas 24, nays 33.

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

Mr. Armbrister

Coopwood

King

Morton

Vining

       Bailey of L.

Edmondson

Lewis

Peyton

Watson

       Brandon

Heard

Martin of Fr.

Saffold

Weissinger

       Coe

Hickman

Martin of Li.

Shotwell

White-24

       Coleman

Jones

McNeill

Tate

Those who voted in the negative, are

Mr. Speaker

Broadnax

Dellett

Lyon

Pickens

       Bailey of Mt.

Brown

Dupuy

Mardis

Sims

       Barton of Mo.

Cook

Fitzpatrick

McLemore

Thornton

       Barton of T.

Conner

Fluker

Moore

Tindall

       Baylor

Creagh

Greening

Neill

Walthall

       Benson

Crenshaw

Inge

Oliver

Williams- 33

       Bridges

Davis

Lambert

And then the House adjourned for one hour.

Evening Session- Enrolled bills of the following titles were severally read a third time and passed, viz: an act in relation to the organization of Dale county; an act authorizing the citizens of Sommerville to elect a justice of the peace; and an act to incorporate the New Orleans and Tuscumbia steam boat company.  Ordered, that the titles thereof be as aforesaid, add that the same be sent to the Senate for concurrence.  Bill to be entitled an act to repeal in part and amend an act to regulate the rate of interest, passed, Dec. 17, 1819, was taken up & read a 2d time & referred to the judiciary com. Bills of the following titles, to wit:   an act to authorize the clerks of the county courts to administer oaths in certain cases; an act more effectually to secure the collection of public monies; resolution authorizing the Governor to a appoint commissioners to adjust the unsettled accounts between this state and the state of Mississippi - were severally read a second time and ordered to be engrossed for a third reading. A bill, to be entitled an act to provide for the trial of officers in the militia of this state, and for other purposes, was read a second time and referred to a select committee, consisting of Messrs. Martin of F. King and Dupuy A bill to be entitled an act to authorize Wm. H. Ragsdale, and his associates, to turnpike a road therein specified, was read a 2d time, and referred to a select committee, consisting of Messrs Mead, Davis and Coe.  Engrossed bill from the Senate to be entitled an act for the relief of Thomas Hearne, was read a 2d 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 3d time forthwith and passed. Ordered, that the clerk acquaint the Senate thereof. A bill to be entitled an act authorizing merchants, physicians, shop keepers, mechanics and others to prove their own accounts was read a 2d time. Mr. Morton moved that the further consideration of the same be indefinitely postponed; which was lost- yeas 32, nays 29.

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

Mr. Armbrister

Cook

Inge

Morton

Tate

      Barton of Mo.

Conner

Jones

Oliver

Thornton

      Baxter

Creagh

King

Peyton

Vining

 


171

       Brandon

Edmondson

Lyon

Saffold

Williams- 23

       Coe

Fitzpatrick

Mead

Those who voted in the negative, are

Mr. Speaker

Brown

Fluker

McLemore

Walthall

       Bailey of L.

Coleman

Lewis

Neill

Warren

       Bailey of Mt.

Coopwood

Mardis

Pickens

Watson

       Benson

Crenshaw

Martin of Fr.

Shotwell

Weissinger

       Bridges

Davis

Martin of La.

Sims

White-29

       Broadnax

Dupuy

Martin of Li.

Vaughan

Mr. Oliver offered the following amendment:   "Be it enacted, that, hereafter no account for spirituous liquors sold by retail, shall be collected by the laws of this state ;" which was adopted -  yeas 28, nays 15.

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

Mr. Speaker

Coe

Jones

Moore

Sims

       Armbrister

Cook

Lewis

Morton

Tate

       Bailey of L.

Creagh

Lyon

Oliver

Thornton

       Bailey of Mt.

Crenshaw

Mardis

Peyton

Vaughan

       Barton of Mo.

Edmondson

Martin of Fr.

Pickens

Warren

       Baxter

Fluker

Martin of Li.

Saffold

Weissinger

       Bridges

Hickman

Mead

Shotwell

White- 38 

       Broadnax

Inge

McLemore

Those who voted in the negative, are

Mr. Benson

Coleman

Davis

Martin of La.

Walthall

       Brandon

Conner

Dupuy

Nell

Watson

       Brown

Coopwood

King

Vining

Williams- 15

The said bill was then ordered to be engrossed for a 3d reading.

Mr. Martin of Fr. from the select committee, to whom was referred a bill to be entitled an act to provide for the trial of officers in the militia of this state, reported the same with an amendment, in which report the House concurred -  the said bill was then read a second time as amended, and ordered to be engrossed for a third reading.

Engrossed bill from the Senate to be entitled an act for the relief of Lewis House, was read a 2d time and ordered to be read a 3d time.

And then the House adjourned till to-morrow morning at 9 o'clock.