Monday, January 9, 1826

Ordered that Mr. Walthall, a member from Perry county have leave of absence for the remainder of the session.

Engrossed bills from the Senate of the following titles, to wit:   An act to locate the seat of justice for Fayette county; An act for the relief of David Tate and others; An act to incorporate the Coosawda academy in the town of Coosawda, were severally read a second 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, they were severally read a third forthwith time and passed. Ordered, that the clerk acquaint the Senate therewith.

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 establish certain election precincts therein named; An act to repeal an act entitled an act the more effectually to ensure the testimony of absent witnesses by interrogatories; An act to change the names of, and legitimate certain persons therein named; An act to authorize the judge of county court and commissioners of revenue and roads of Lauderdale county, to levy a tax for the purposes therein specified; An act establishing schools in the county of Mobile; An act to alter the manner of electing major and brigadier generals; An act to authorize certain persons therein named to raise by lottery a certain sum of money, for the purposes therein contained; An act to provide for the appointment of a public weigher in the town of Blakeley.

Mr. Dellett, from the judiciary committee, to whom was referred a


188

bill from the Senate, to be entitled an act for the better selecting, drawing and summoning jurors, reported the same without amendment.

Mr. Dellett, from the judiciary committee, to whom was referred a bill to be entitled an act to repeal and amend in part an act to regulate the rate of interest, passed, Dec. 17, 1819, reported the same without amendment.

Engrossed bill to be entitled an act for the relief of purchasers of lots in the town of Cahawba, was read a third time. Mr. Martin of Lime moved that the further consideration thereof be postponed till the first day of the next session of the General Assembly, which was lost.  Yeas 19, nays 37.

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

Mr. Armbrister

Coe

Fluker

Neill

Vining

      Bailey of La.

Conner

Hickman

Shotwell

Warren

      Baxter

Coopwood

Martin of Fr.

Tate

White- 19

      Brandon

Davis

Martin of Li.

Tindall

Those who voted in the negative, are

Mr. Speaker

Broadnax

Edmondson

Martin of La.

Pickens

       Bailey of Mt.

Brown

Greening

Mead

Saffold

       Barton of Mo.

Coleman

Heard

McLemore

Thornton

       Barton of Tus

Cook    Creagh

Inge       Jones

McNeill

Vaughan

       Baylor

Crenshaw

King

Morton

Weissinger

       Benson

Dellett

Lewis     Lyon

Oliver

Williams- 37

       Bridges

Dupuy

Mardis

Peyton

Mr. Kelly then moved to amend said bill, by way of engrossed rider, which was carried. Mr. Crenshaw moved to fill the blank where it occurs in said bill, with the word fifty which was lost. Yeas 25, nays 28.

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

Mr. Speaker

Bridges

Crenshaw

Mead

Peyton

       Bailey of Mt.

Broadnax

Dellett

McLemore

Pickens

       Barton of Mo.

Brown

Greening

McNeill

Saffold

       Baylor

Cook

Lewis

Morton

Thornton

       Benson

Creagh

Lyon

Oliver

Weissinger- 25

Those who voted in the negative, are

Mr. Armbrister

Coopwood

Hickman

Neill

Vining

       Bailey of L.

Davis

Inge

Shotwell

Warren

       Baxter

Dupuy

Jones

Sims

White

       Coe

Edmondson

Martin of Fr.

Tate

Williams- 28

       Coleman

Fluker

Martin of La

Tindall

       Conner

Heard

Martin of Li.

Vaughan

Mr. Hickman then moved to amend the same by way of engrossed rider, which was carried.  Mr. Crenshaw then moved to fill the blank with the words forty-five which was lost. Yeas 27, nays 30.

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

Mr. Speaker

Bridges

Dellett

Mead

Peyton

        Bailey of Mt.

Broadnax

Greening

McLemore

Pickens

        Barton of M.

Brown

Hallett

McNeill

Saffold Sims

        Baylor

Cook    Creagh

Lewis

Morton

Thornton

        Benson

Crenshaw

Lyon

Oliver

Weissinger- 27

Those who voted in the negative, are

Mr. Armbrister

Brandon

Coopwood

Fluker

King

        Bailey of La.

Coe

Davis

Heard

Martin of Fr.

        Barton of T.

Coleman

Dupuy

Hickman

Martin of La.

        Baxter

Conner

Edmondson

Inge Jones

Martin of Li.

 


189

Neill

Tate

Vaughan

Warren

Williams   30.

Shotwell

Tindall

Vining

White

Mr. Morton then moved to fill the blank with the word forty, which was lost. Mr. Morton then moved to fill the said blank with the words thirty-seven and a half, which was carried- Yeas 33, nays 24.

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

Mr. Speaker

Broadnax

Hallett

McLemore

Saffold     Sims

      Bailey of Mt.

Brown

Heard

McNeill

Tate

      Barton of Mo.

Cook    Creagh

Jones

Morton

Thornton

      Baylor

Crenshaw

Lewis

Neill      Oliver

Vaughan

      Benson

Dellett

Lyon

Peyton

Weissinger

      Bridges

Greening

Mead

Pickens

Williams- 33

Those who voted in the negative, are

Mr. Armbrister

Coe

Dupuy

Martin of Fr.

Vining

      Bailey of La

Coleman

Edmondson

Martin of La.

Warren

      Barton of T.

Conner

Fluker

Martin of Li.

White-24

      Baxter

Coopwood

Hickman

Shotwell

      Brandon

Davis

Inge

Tindall

Said bill was then passed. Ordered, that the title of the same be an act for the relief of the holders of lots in the town of Cahawba, and that the same be sent to the Senate for concurrence.

A message from the Senate, by Mr. Lyon, their secretary:   Mr. Speaker the Senate recede from their amendments to the bill entitled an act for the relief of the Mobile and Tombeckbe banks, against certain penalties heretofore incurred. They have read three times and passed a bill, which originated in your House, entitled an act for the relief of James Frazier, late tax collector of Franklin county. They concur in the report of the committee of conferrence, appointed on the disagreement of the two Houses upon the amendment made be 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.

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, on the seventh instant, approve and sign the following bills, to wit:   an act to incorporate the town of Pickens in the county of Pickens; an act to authorize the raising, by lottery, a sum of money for the purposes therein specified; an act to incorporate Milton Academy, in the town of Montgomery, and to empower the trustees of the same to establish a lottery or lotteries; an act to authorize the judge of the county court of Washington county and commissioners of revenue and roads to levy a special tax for the purpose therein named, and for other purposes- all of which originated in this House. And then he withdrew.

A bill to be entitled an act making appropriations for certain claims against the state, was read a second time as amended, and ordered to be engrossed for a third reading. And then the House adjourned for one hour.

Evening Session. Engrossed bills from the Senate of the following titles, to wit:   An act to incorporate the trustees of Moulton academy; An act to incorporate the trustees of Concord academy, in Greene county; An act to authorize the commissioners of the sixteenth section therein named, to appropriate the proceeds thereof to the aid and support of

23


190

the Concord academy; An act to incorporate the school commissioners of the 4th township, and 8th range, west from Huntsville, and for other purposes; An act to provide against an unnecessary detention of grand juries and for other purposes; An act to provide for reviving actions of trespass; An act to amend the act, entitled an act to prevent immoral and disorderly conduct at places of religious worship; An act concerning the Tombeckbe bank; And an act to extend the time for appointing overseers of roads and apportioners of hands in this state and for other purposes, were severally read a second 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, they were severally read a third time forthwith and passed. Ordered, that the clerk acquaint the Senate therewith.

Mr. Brandon moved that the House do now take up a bill to be entitled an act to establish an office of discount and deposit of the bank of the state of Alabama, which was lost. Yeas 23, nays 26.

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

Mr. Speaker

Crenshaw

Martin of Fr.

Peyton

Vining

       Armbrister

Edmondson

Martin of La.

Saffold

White

       Baxter

King

Martin of Li.

Sims

Williams

       Brandon

Lewis

McNeill

Thornton

       Coopwood

Lyon

Morton

Tindall

Those who voted in the negative, are

        Bailey of L.

Broadnax

Dupuy

Mead

Shotwell

        Barton of Mo.

Brown      Coe

Heard

McLemore

Tate

        Barton of Tus

Coleman

Hickman

Neill     Oliver

Warren

        Benson

Conner

Inge

Pickens

Weissinger

        Bridges

Creagh

Jones

Engrossed bill from the Senate, entitled an act to provide for the removal of the bank of the state of Alabama to Tuskaloosa, was taken up, read a second time, and ordered to be read a third time. On a call of the House, there were absent Mr. Bailey of M. and Baylor.

Engrossed bill from the Senate, to be entitled an act to authorize the courts to require security for costs, was read a second time. Mr. Creagh moved that the further consideration thereof be indefinitely postponed, which was carried. Yeas 24, nays 16.

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

Mr. Speaker

Coe

Fluker

McNeill

Thornton

        Armbrister

Coleman

Hickman

Neill

Tindall

        Baxter

Cook

Inge

Oliver

Vaughan

        Benson

Coopwood

Jones

Pickens

Vining

        Brandon

Creagh

King

Saffold

Warren

        Broadnax

Crenshaw

Martin of Fr.

Shotwell

Weissinger

        Brown

Dupuy

McLemore

Sims

Those who voted in the negative, are

        Barton of Mo.

Edmondson

Lyon

Morton

White

        Barton of T.

Heard

Martin of Li.

Peyton

Williams

        Bridges

Lewis

Martin of La.

Tate

        Conner

Mead

Mr. Martin of L. from the select committee, to whom was referred a bill to be entitled an act requiring the judges of the circuit court to alternate, report the same with amendments; in which report the House concurred. Said bill was then read a second time as amended, and ordered to be engrossed for a third reading.


191

Engrossed bill from the Senate, to be entitled an act to repeal in part and amend in part an act, restricting officers from taking commissions on costs collected by them on executions, passed, Dec. 31, 1823, was read a second time, and ordered to be read a third time.

Engrossed bills from the Senate, of the following titles, to wit: An act to authorize sheriffs to serve notices; and An act concerning justices of the peace and constables in Mobile county, were severally read a second time, and ordered to be read a third time.

Engrossed bill from the Senate, entitled an act to repeal an act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned, was read a second time and the question being put, shall this bill be read a third time? it was determined in the negative.

Mr. Creagh moved to reconsider a vote given in ordering to a third reading the engrossed bill from the Senate, entitled an act to repeal in part and amend in part an act restricting officers from taking commissions on costs collected by them on executions, passed, Dec, 31, 1823. Said bill then being on its 2d reading. Mr. Creagh moved to amend the same, after the word precepts in the second section and insert of forcible entry and detainer,  which was carried, 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, and the said bill was read a third time forthwith and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, entitled an act to repeal in part and amend an act entitled an act to increase the compensation of jurors, passed, Dec. 23, 1823, was read a second time. Mr. Oliver moved to amend the same by adding after the word Marion the word Covington which was carried; 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 third time forthwith and passed. Ordered, that the clerk acquaint the Senate therewith.

Message from the governor, by Jas. 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 the following bills; to wit: An act providing for the registration of deeds, grants, &c.  An act to authorize Green Collier to erect a dam across Flint river, in Madison county, and for other purposes; An act regulating elections; An act to amend an act, entitled an act to alter and amend the charter of incorporation of the city of Mobile; An act to authorize Wm. R. Parker to emancipate a certain slave therein named; An act to amend an act entitled an act to establish a certain road therein named; all of which originated in this House. And then he withdrew.

Mr. Greening presented the report of the adjutant-general of the Alabama militia, which was laid on the table.

Engrossed bills from the Senate, of the following titles, to wit:   An act declaring big-loss creek a public highway; and An act to provide a speedy remedy against the obligors in injunction bonds, were severally read a 3d time and passed. Ordered that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate entitled an act for the relief of John H. Campbell, was read a 2d time:    Mr. Creagh moved that the further consideration thereof be indefinitely postponed, which was lost- yeas 18, nays 30.


192

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

Mr. Bailey of L.

Coopwood

Jones

Pickens

Vining

       Benson

Creagh

Martin of F.

Saffold

Weissinger

       Brandon

Crenshaw

McLemore

Shotwell

       Brown

Dellett

Oliver

Tate

Those who voted in the negative, are

Mr. Speaker

Cook

Heard

Mead

Vaughan

       Armbrister

Conner

Hickman

McNeill

Warren

       Barton of Mo.

Davis

Inge             King

Morton

White

       Barton of T.

Dupuy

Lewis

Peyton     Sims

Williams- 30

       Baxter

Edmondson

Martin of Li.

Thornton

       Coleman

Fluker

Martin of La.

Tindall

Said bill was then ordered to be read a 3d time.

Engrossed bill from the Senate entitled an act to repeal in part an act entitled an act for the punishment of crimes and misdemeanors, was read a 2d time:    Mr. Davis moved that the further consideration thereof be indefinitely postponed, which was carried- yeas 42, nays 10.

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

Mr. Armbrister

Brown

Greening

McNeill

Vaughan

       Bailey of La.

Coe

Heard

Oliver

Vining

       Barton of T.

Coleman

Hickman

Peyton

Warren

       Baylor

Cook

Inge Jones

Pickens

Weissinger

       Baxter

Coopwood

Lewis Lyon

Saffold

White

       Brandon

Davis     Dupuy

Martin of F.

Shotwell

Williams- 42

       Bridges

Edmondson

Martin of La.

Sims        Tate

       Broadnax

Fluker

McLemore

Thornton

Those who voted in the negative, are

Mr. Speaker

Benson

Creagh

Martin of Li.

Morton

       Barton of M.

Conner

Dellett

Mead

Tindall

Engrossed bills from the Senate entitled an act to amend an act entitled an act concerning dower, was read a 2d time:   Mr. Creagh moved that the further consideration thereof be indefinitely postponed, which was carried.      Engrossed bill from the Senate entitled an act to amend the act entitled an act regulating judicial proceedings and for other purposes was read a 2d time:   Mr. Baxter moved that the further consideration thereof be indefinitely postponed, which was lost- yeas 12, nays 39.

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

Mr. Armbrister

Cook        King

McLemore

Peyton

 Pickens

 Weissinger

       Baxter

Martin of Li.

McNeill

Shotwell

White-12

Those who voted in the negative, are

Mr. Speaker

Brown

Dupuy

Lewis

Tate

       Bailey of L.

Coe

Edmondson

Lyon

Thornton

       Barton of Mo.

Coleman

Fluker

Martin of Li.

Tindall

       Barton of T.

Conner

Greening

Mead

Vaughan

       Baylor

Coopwood

Heard

Morton

Vining

       Benson

Creagh

Hickman

Oliver

Warren

       Bridges

Crenshaw

Inge

Saffold

Williams- 39

       Broadnax

Davis

Jones

Sims

Mr. Baylor moved to amend the bill by inserting after the word decedent, in the 4th section of the bill, the words at the time of his death, which was carried. The rule requiring bills to be read on three several days being dispensed with, the bill was read a 3d time forthwith and passed. Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill to be entitled an act making appropriations for cer-


193

tain claims against the state, was read a third time. Mr. Bridges moved to amend the same by way of engrossed rider, which was carried. Mr. Lyon moved to amend the same by way of engrossed rider, which amendment was read a first time, and on the question being put, shall this amendment be read a second time? it was determined in the affirmative- yeas 29, nays 21.

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

Mr. Speaker

Broadnax

Fluker

Lyon

Oliver

       Barton of Mo.

Coe     Cook

Greening

Martin of F.

Pickens

       Barton of T.

Creagh

Heard

Martin of La.

Thornton

       Benson

Crenshaw

Hickman

Martin of Li.

Vaughan-29

       Brandon

Davis

Inge

Mead

       Bridges

Edmondson

Lewis

McLemore

Those who voted in the negative, are

Mr. Armbrister

Coleman

Jones     King

Sims 

Tate

Weissinger

       Bailey of L.

Conner

Neill

Tindall

White

       Baxter

Coopwood

Peyton

Vining

Williams -21

       Brown

Dupuy

Shotwell

Warren

The said amendment was then read a second and third time and adopted. Mr. Creagh moved to amend the said bill by way of engrossed rider, which was carried.  Mr. Crenshaw then moved to amend said bill by way of engrossed rider, which was carried, and the bill was passed. Ordered, that the title be as aforesaid, and that the same be sent to the Senate for concurrence.

And then the House adjourned till tomorrow morning 9 o'clock.