[No. 173.]

AN ACT

To amend an act for the relief of David Ferguson, approved 9th January, 1836.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the comptroller of public accounts shall be authorised forthwith to issue his warrant to David Ferguson, or his agent or attorney in fact, for one thousand dollars, for printing Stewart=s Reports, and the balance of six hundred and fifty dollars, when the Reports are bound and delivered, and contemplated by the act which this is intended to amend:  Provided, That the said Ferguson shall first enter into bond and security, to be approved by the Governor, for the completion of his contract to print, bind and deliver the third volume of Stewart=s Reports, (which is the work referred to above) within three months after the passage of this act.

Approved, Dec. 23, 1836.


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[No. 174.]

AN ACT

For the payment of certain claims therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sums of four hundred dollars be, and the same is hereby allowed, to Jesse H. Hodges, for furnishing subsistence, &c. for troops, on their march from Franklin county to Tuscaloosa and returning, and that the sum of eighty dollars be allowed to J. J. Truax for expenses incurred for horse hire.

Sec. 2.  And be it further enacted, That the comptroller of public accounts be authorised to issue his warrant upon the treasurer for the above sums.

Approved, Dec. 23, 1836.

[No. 175.]

AN ACT

To provide for the payment of certain claims.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be paid out of any money in the treasury, not otherwise appropriated, to Hart and Bosworth, one hundred and forty five dollars; and to Blackwell and McEnzee, two hundred and fifty six dollars and thirty nine cents, for ammunition and linen for tents, furnished the troops under command of General Erwin, at Irwinton; and to James V. McGraw, twenty seven dollars; to George Reeves, for forage for sundry companies, twenty six dollars; to George Reeves, for provisions furnished volunteers, forty one dollars, fifty cents; to Mrs. Elmore, forty four dollars forty six cents; to William T. Minter, one hundred dollars; to Benjamin Cooper, nineteen dollars thirty five cents; and to Conner & Lawson, ninety six dollars eighty three cents.

Sec. 2.  And be it further enacted, That the comptroller of public accounts be, and he is hereby authorised to draw his warrant upon the treasurer, for the sums by this act appropriated.

Approved, Dec. 23, 1836.

[No. 176.]

AN ACT

Making appropriations for the payment of certain claims therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the following sums shall be paid out of any money in the treasury not otherwise appropriated, to the persons herein mentioned, for furnishing provisions and forage to volunteer companies, or other troops in service, to wit: to Thomas Samply, eighty two dollars and fifty nine cents; to Jonathan Gragg, twenty two collars and fifty cents; to R. A. Taylor, twenty eight dollars and fifty cents; to Enoch Sleays, seventy dollars; to R. B. Simms, fifty six dollars and: thirty cents; to John C. Johnson, seventy seven dollars; to William Johnson, twenty two dollars; to A. H. White, two hundred and forty nine dollars and seventy five cents.

Sec. 2.  And be it further enacted, That there shall in like manner be paid to Mark Elmore, for the use of a horse in the public service, thirty three dollars and twenty cents; to Joel Dubose, for the use of a horse pressed into the public service, twelve dollars; to J. W. Pugh, for services performed by order of General Erwin, forty dollars.

Sec. 3.  And be it further enacted, That the comptroller of pub-


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lic accounts, shall be, and is hereby authorised to draw his warrant upon the treasurer, for the several sums herein appropriated.

Approved, Dec. 23, 1836.

[No. 177.]

AN ACT

For the relief of the Printer of the Decisions of the Supreme Court, and for other purposes

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever it shall be made to appear to the satisfaction of the Governor of this State, that the person employed to print the Decisions of the Supreme Court of this State, has completed the printing of any one volume of said reports, according to his contract, he shall issue an order to the comptroller, directing him to issue his warrant in favor of said printer, for one half of the amount for which said printing was contracted to be done.

Sec 2.  And be it further enacted, That so much of an act passed in 1833, as requires proposals to be issued, and advertised two months, for the printing of said decisions, be, and the same is hereby repealed:  Provided, That such reasonable notice as the Governor may deem proper, shall be given in future.

Approved, Dec. 23, 1836.

[No. 178.]

AN ACT

To provide for the payment of certain claims therein specified.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of three thousand dollars be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the payment of the claims of certain persons who furnished provisions and forage for the use of the three volunteer companies under captains Likens, Shelly and Hughes, who marched to Washington, in Autauga county, in March last, and returned from that place, which accounts the comptroller shall be authorised to pay when presented, accompanied with the evidence required by the second section of this act.

Sec. 2.  And be it further enacted, That all accounts and claims, allowed to be paid under the provisions of this act, shall contain a bill of the articles, to whom sold or delivered, and shall be accompanied by the affidavit of one or more credible witnesses, sworn to and subscribed before some officer lawfully authorised to administer such oath, and properly certified, that the articles charged were actually furnished and delivered, as stated in the accounts, and that the prices charged are the customary prices of such articles in the neighborhood, at the time of the sale thereof, or the receipt or certificate of the commanding officer of either of the companies mentioned in the first section of this act, accompanied by the oath of the claimant, that the same is just and true, and properly signed by such officer, shall be sufficient evidence:  Provided, That any claimant under this act, may in like manner prove his own accounts, when the same shall not exceed fifty dollars.

Sec. 3.  And be it further enacted, That the comptroller of public accounts shall be, and hereby is authorised to draw his warrant upon the treasurer, for all sums which may be allowed according to the provisions of this act, and shall deposit all accounts, with


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a receipt for the sums so paid by him, with the accompanying evidence, on file in his office.

Approved, Dec. 23, 1836.

[No. 179.]

AN ACT

To authorise Vincent Hubbard, guardian, to remove the property of his ward, and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Vincent Hubbard, who was heretofore appointed guardian of Amanda Francis Ham and Joseph Ham, minor heirs of Gideon Ham, deceased, by the county court of Jefferson county, be permitted to remove such property as may have come to his possession, as guardian as aforesaid, from the county of Jefferson to the county of Pickens.

Sec. 2.  And be it further enacted, That it shall be the duty of the judge of the county court of Jefferson county, at any time hereafter, when the said Vincent Hubbard shall make his return and settlement, as guardian as aforesaid, at the request of the said Vincent Hubbard, to order that a certified copy of all orders, returns, settlements and papers, in any manner whatsoever materially connected with the said guardianship, be made out by the clerk, and by him transmitted to the clerk of the county court of Pickens county, whose duty it shall be to record the same, and it shall be considered as a part of the record of the county court of Pickens county; and the said Vincent Hubbard shall be required to make his annual; returns and settlements with the judge and county court of Pickens county, in the same manner that he is now required by law to make them with the judge and county court of Jefferson county.

Sec. 3.  And be it further enacted, That when the aforesaid certified copy of the orders, returns, settlements and papers, shall be delivered to the clerk of the county court of Pickens county, it shall be his duty to give his receipt therefore, which receipt, when delivered to the clerk of the county court of Jefferson county, shall discharge the said Vincent Hubbard from further liability to make returns and settlements with the judge and county court of Jefferson county.

Sec. 4.  And be it further enacted, That it shall be the duty of the judge of the county court of Pickens county, before he shall take jurisdiction of the matters of the aforesaid guardianship, to require the aforesaid Vincent Hubbard to execute a new bond as guardian, in such amount, with such securities and conditions as are now required by law, payable to the judge of the county court of Pickens county and his successors, which bond shall be a discharge of further liabilities to securities on any bonds which may have been given by the said Vincent Hubbard, as guardian as aforesaid, to the judge of the county court of Jefferson county, from the date of the bond by this act required to be given.

Approved, Dec. 23, 1836.

[No. 180.]

AN ACT

For the payment of certain claims therein mentioned.

Section 1.  And be it enacted by the Senate and House of Representatives the State of Alabama in General Assembly convened, That the following sums be, and the same are hereby allowed to the persons hereafter mentioned, for forage, subsistence, &c. furnished the volunteers, engaged in the service of the State against the Creek and Seminole Indians, to wit: To William R. Pickett, the sum of seventy-three dollars; to John Orr, the sum of sixty


141

nine dollars and seventy-five cents; to Stephen Harmon, the sum of forty-one dollars eighty-seven and a half cents, to Thomas Thorn, the sum of sixty dollars; to Eldridge Mallard, the sum of eighty two dollars and fifty cents; to Abraham Byers, the sum of forty-nine dollars and seventy-five cents; to John Burford, the sum of eighty-five dollars, and to John T. Abernathy, for cash paid for forage and subsistence, the sum of one hundred and six dollars and fifty cents.

Sec. 2.  And be it further enacted, That the following sums be, and the same are hereby appropriated, for compensating the Benton Volunteers, viz: Captain T.M. Lickens; the sum of fifty-two dollars and sixty-eight cents; to Lieutenant William Garrett, forty-seven dollars and twenty cents; to Ensign H.H. Porter, the sum of thirty-nine dollars and ninety-four cents; to first Sergeant J.P. Lackey, the sum of thirty dollars and eighty cents; to William H. Fleming, A. Moore and Rice Hilliare, the sum of fifteen dollars and eighteen cents, each; to William M.M. Owen, Thomas Nesbit, J. Moore and A. Hoke, the sum of fourteen dollars and seventy-two cents, each; and to each of the privates of said company, the sum of thirteen dollars and eighty-six cents, viz: John Moore, M.M. Houston, H. Bryant, John McMicle, H. Rogers, R. Harris, J. Leach, T. Burnett, J. Burnett, G. Smith, R. Barnhill, D. Barnhill, I.D.G. Adarian, S. Putnam, I.M. Putnam, A. Wright, S. Richburg, W. Weatherby, N. Montgomery, T. E. Montgomery, T.M. McColly, S. Collins, R. Tankersly, S. Allen, R. Stanton, R.I. Davidson, G. Davidson, S.H. Lickens, W.A. Arnold, William Woodley, D.M. Renfro, P. Statum, R. Coleman, D. Bryant, N.D. Black, William Sadland, A. Modiwell, L. Carter, L.S. Chambers, W. Little, M. Hunt, W.M. McKaskel, T.M. Calhoun, A. S. Smith, J. Weir, W.M. Weir, S. Bridges, S. Stokes, J. Wiley, J. Hughes, William L. Williams, R.W. Weggins, C. H. Weaver, J.A. Lea, H. Carson, A. Deene, D. S. Owen, George Yuger and I. Copeland.

Sec. 3.  And be it further enacted, That the comptroller of public accounts be, and he is hereby authorised and required, to issue his warrant on the treasury, to be paid out of any monies not otherwise appropriated, for the said sums of money, in favor of William Arnold, whose duty it shall be to pay the several sums above appropriated, to each of the officers and privates of said volunteer company, under a penalty of five thousand dollars.

Sec. 4.  And be it further enacted, That the following sums be, and the same are hereby appropriated, out of any funds not otherwise appropriated, to the persons herein named, viz: To Clement Reese, the sum of one hundred and sixty-three dollars and fifty cents; to William Crowson, the sum of sixty-eight dollars and seventy-five cents; to David H. Lindsay, the sum of eighty-one dollars; to Harvey B. Miller, the sum of sixty-five dollars and six cents; to Middleton M. Anthony, the sum of thirty-two dollars and fifty-three cents; to William Durham, the sum of thirty-two dollars and fifty-three cents; to John Deese, the sum of thirty-two dollars and fifty-three cents; to Tobias Wharton, the sum of twenty-one dollars; to William Dobbs, the sum of six dollars; to Alfred Rippitoe, the sum of nineteen dollars; to the Coosa Bridge company, the sum of nineteen dollars; to L. Warton, the sum of five hundred and seventeen dollars and fifty cents; to John Ledbetter, the sum of thirty dollars; to John Lindsay, the sum of twenty dollars; to Arnold Seale, the sum of three hundred and sixty dollar and forty cents; to William King, the sum of thirteen dollars sixty six cents; to M. W.  Harris, the sum of fifty-one dollars twenty-five cents; to James H. Hicks, the sum of thirty-eight dollars; to Benjamin Hollingsworth, the sum of ninety-nine dollars; to John Lawhon, the sum of thirty -eight dollars; to John Farley, the sum of four dollars and eighteen cents; to William Moore, the sum of two dollars and fifty cents; to Henry Gooch, the sum of thirty-six dollars and eighty-seven and a half cents; to


142

Neal McDonald, the sum of five dollars; to Sampson Laniere, the sum of twenty dollars; to Thomas Henderson, the sum of two hundred and ninety eight dollars and ninety-seven cents; to Merideth and Weats, the sum of nineteen dollars and twenty-five cents; to David Meredith, the sum of one hundred and one dollars and twenty-five cents; and to William C. Hicks, fifty, dollars.

Sec. 5.  And be it further enacted, That the comptroller of public accounts be, and he is hereby required to issue his warrant on the treasurer, for the above amounts to be paid out of any money in the treasury not otherwise appropriated:  Provided, that the accounts named in this act shall not have been provided for, by any previous act of the present General Assembly.

Approved, Dec. 3, 1836.

[No. 181.]

AN ACT

Authorizing the payment of certain claims therein specified.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be furnished to David Powell, for furnishing provisions and forage to a volunteer company in service, thirty-five dollars: and to the said David Powell, for provisions and forage furnished friendly Indians and local troops, and for hauling arms from Montgomery to Tuckahatchee, six hundred dollars; to Elliott Thomas, for provision and forage, furnished the troops in service under General Moore, five hundred and thirty-seven dollars and fifty-nine cents; to Samuel Bogle, for furnishing forty-five volunteers, five days, nine hundred and eighty dollars, and to the said Samuel Bogle, for furnishing the Selma Rangers in the service, two days, eighty-four dollars; to Edward Baxter, for furnishing the Shelby county volunteers one night, thirty-three dollars, and for furnishing Captain Young's company forage and substance, and assisting in carrying an express, forty dollars and seventy-nine cents; to Jefferson Bufford, for money advanced by him to defray expenses in transporting arms from Montgomery to Irwinton, one hundred dollars; to Milton B. Nash, for lumber taken and used by troops at Irwinton, forty-four dollars and seventy cents; to Blackwood and McKenzie, for use of a horse in service, by order of General Irwin, twenty-five dollars; to E. B. George, for the hire of a horse, five dollars and sixty-two cents; to Charles Lewen, for his services as Quarter Master-General and for provisions furnished volunteers, sixty-four dollars, and to the following persons, for forage and provisions furnished volunteers and other military corps in service, to wit: To Samuel Carvan, ten dollars and fifty, cents; to Red and Robinson, twelve dollars; to James M. Scott, fifty dollars; to Zachariah Neel, four dollars and seventy-eight cents; to James Tittler, twenty-seven dollars: to John Browden, one dollar and thirty-seven cents; to Joshua R. Roberts, thirty-five dollars, and to Joshua K. Roberts, for provisions furnished the Madison Bounty volunteers, fifty dollars, and to Michael B. Headen, for provisions furnished friendly Indians seven hundred and eighteen dollars; to William Beauchamp, twenty dollars; to James Crow, sixty-seven dollars and fifty cents; to Tarlton Rhea & Co. six dollars; to Tarlton Rhea & Co. four dollars thirty-seven cents; to William F. Eckles, thirty-one dollars; to Tarlton Rhea, & Co. thirty-six dollars; to Robert W. Lindsly, eight dollars.

Sec. 2.  And be it further enacted, That the comptroller of public accounts, shall draw his warrant upon the State Treasurer, for the several sums mentioned in this act, which shall be paid out of any money in the Treasury, not otherwise appropriated.

Approved, Dec. 23, 1836.

[No. 182.]

AN ACT

Making appropriations for the payment of claims against the State.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the following sums


143

of money, be, and the same are hereby set apart out of any money in the treasury not otherwise appropriated, for the payment of certain individuals hereinafter named, for furnishing provisions for persons confined in the jail of their respective counties, and for removing prisoners by order of court, to wit: to B. W. Dodges, sheriff of Pike county, the sum of eighty dollars; to Wylie white, sheriff of Pike county, the sum of fifty seven dollars and seventy five cents; to A. R. Coker, sheriff of Coosa county, the sum of one hundred and fifteen dollars and twenty five cents; to H. Ball, sheriff of Barbour county, the sum of one hundred and seventeen dollars and twenty cents; to Stephen S. Andress, sheriff of Monroe county, the sum of one hundred and eighty seven dollars and sixty cents; to John Atkins, Jailor of Chambers county, the sum of eighty one dollars and fifty cents; to D. H. Valliant, jailor of Lawrence county, the sum of one hundred and sixty three dollars and eighty-cents; to William Blythe, sheriff of Talladega county, the sum of four hundred and thirty six dollars and eighty cents; to J. W. Bonham, jailor of Lowndes county, the sum of forty six dollars and twenty cents; to James Daniel, jailor of Walker county, the sum of seventy seven dollars and sixty cents; to A. Riddle, sheriff of Jackson county, the sum of one hundred and ninety four dollars and ninety cents; to T. L. Toulmin, sheriff of Mobile county, the sum of eleven hundred and three dollars and twenty seven cents; to William Smith, sheriff of Washington county, the sum of two hundred and ninety eight, dollars arid fifty cents; to Daniel Partridge, jailor of Montgomery county, the sum of two hundred and eighty four dollars and ninety five cents; to Joseph Rutherford, sheriff of Walker county, the sum of forty six dollars; to D. Ballew, sheriff of Morgan county, the sum of eighty five dollars and eighty cents; to William Mazingo, constable in Washington county the sum of eighty eight dollars and sixty cents; to John P. Smith, constable in Jackson county, the sum of thirty four dollars and ten cents; to William Blythe, sheriff of Talladega, county, the sum of ten dollars; to John B. McAlister, late sheriff of Green county, the sum of five hundred and fifteen dollars and twenty cents: to Daniel Lucas, jailer of Jackson county, the sum of four hundred and thirty dollars; to Harrell Hobdy, late sheriff of Pike county, the sum of fifty five dollars; to A. B. Thomas, sheriff of Sumter county the sum of one hundred and seventy dollars and fifty cents; to F. A. B. Wheeler, jailor of Butler county, the sum of thirty nine dollars and fifty two cents; to Samuel Frisbie, jailor of Washington county, the sum of six hundred and fifteen dollars and twenty cents; to T. L. Toulmin, sheriff of Mobile county, the sum of eight hundred and eighty nine dollars and eighty cents; to Lewis Cunningham, sheriff of St Clair county, the sum of four hundred and thirty two dollars and eighty two cents; to F.A. B. Wheeler, jailor, of Butler county, the sum of thirty seven dollars and fifty two cents; to William Wilkins, sheriff of Baldwin county, the sum of fifty three dollars and eighty nine cents; to James Benham, sheriff of Lauderdale county, the sum of six hundred and eighty eight dollars and twenty cents; to Richard W. Barbour, jailor of Tuscaloosa county the sum of fifty three dollars and sixty cents; to T. L. Toulmin, sheriff of Mobile county, the sum of forty five dollars; to Fleming Thompson, sheriff of Fayette county, the sum of nine dollars and fifty cents; to ‑‑‑‑‑‑Thomas, sheriff of Marion county, fifteen dollars.

Sec. 2  And be it further enacted, That following sums of money, be, and they are hereby appropriated to the payment of the persons herein named for making returns of elections for electors of President and Vice President of the United States, to wit: to John W. Womack, returning officer of Butler county, the sum of thirty dollars: to B. B. Pruitt, sheriff of Lowndes county, the sum of eighteen dollars and fifty cents ; to B. C. Fester, sheriff of Clarke county, the sum of thirty nine dollars; to William Blythe, sheriff of Talladega county, the sum of twenty seven dollars and twenty five cents; to William Smith, sheriff of Washington county, the sum of thirty six dol-


144

lars and twenty five cents; to E. H. Hudson, sheriff of Walker county, the sum of twenty one dollars and twenty five cents; to Willis Darby, returning officer of Pike county the sum of thirty three dollars and twenty-five cents; to George Birdwell , returning officer of Cherokee county, the sum of thirty three dollars; to Alexander Sample, returning officer of Autauga county, the sum of fifteen dollars and twenty five cents: to James M. Bolin, returning officer of Conecuh county, the sum of twenty seven dollars; to William Anderson, returning officer of Sumter county, the sum of twenty one dollars and fifty cents; to Felix C. Allen, returning officer of Marshall county, the sum of twenty seven dollars and twenty five cents; to Felix C Allen, returning officer of Jackson county, the sum of thirty dollars and twenty five cents; to Hugh M Roger; returning officer of Lawrence county, the sum of twenty one dollars and twenty five cents; to Joshua K Roberts, sheriff of Blount county, the sum of thirty dollars; to C. F. W. Miller, returning officer of Macon county, the sum of thirty dollars and twenty five cents; to Lewis Cunningham, sheriff of St. Clair county, the sum off twenty four dollars; to Robert  Murphy, sheriff of De Kalb county, the sum of thirty dollars; to Robert W. Martin, returning officer of Coosa county, the sum of twenty seven dollars and twenty five cents; to Daniel B. Turner, sheriff of Madison county, the sum of thirty nine dollars and fifty cents; to Hugh W. Harriss, returning officer of Randolph county, the sum of thirty six dollars and twenty five cents; to N. H. Harris, returning officer of Russell county, the sum of thirty nine dollars and fifty cents; to James G. Blount, sheriff of Tuscaloosa county, the sum of nine dollars; to James Benham, sheriff of Lauderdale county, the sum of twenty eight dollars; to Daniel Rosser, sheriff of Wilcox county, the sum of twenty seven dollars and fifty cents; to Philip F Beazley, sheriff of Green county, the sum of twelve dollars; to Thomas G. Tyus, sheriff of Limestone county, the sum of twenty eight dollars and fifty cents; to H. Hobdy, sheriff of Pike county, the sum of thirty dollars; to Wylie White, sheriff of Pike county, the sum of nine dollars: to Stephen S. Andres, sheriff of Monroe county, the sum of thirty dollars; to Thomas Tooney, sheriff of Shelby county, for making return of the election of electors for President of the United States, fifteen dollars.

Sec. 3.  And be it further enacted That the following sums of money be, and the same are hereby appropriated to the payment of the persons herein named, for making returns of elections for members to Congress, to wit: to Joshua K. Roberts, sheriff of Blount county, the sum of eighteen dollars: to Andrew Collins, sheriff of Dale county, the sum of eighteen dollars and fifty cents; to B. C. Foster, sheriff of Clarke county, the sum of thirty nine dollars; to A. R. Coker, sheriff of Coosa county, the sum of twenty seven dollars and twenty five cents; to Thomas Tooney, sheriff of Shelby county, the sum of fifteen dollars; to Alexander Riddle, sheriff of Jackson county, the sum of nine dollars.

Sec. 4.  And be it further enacted, That the following sums of money, be, and they are hereby appropriated to the payment of the persons hereinafter mentioned, for prosecuting slaves charged with criminal offences, to wit: to J. B. Clarke, for prosecuting slaves Jerry and Marcus before the county court of Dallas county, the sum of twenty dollars; to Charles J. Cummens, for prosecuting slave Fanny before the county court of Tuscaloosa county, the sum of ten dollars; to John W, Womack, for prosecuting slave Bob before the county court of Wilcox county, the sum of ten dollars; to William Richardson, for prosecuting slave Diley, at a term of the circuit court of Lauderdale county, the sum of ten dollars; to Dear and Sterrett for prosecuting slave Caroline, before the county court of Wilcox county, the sum of ten dollars; to William F. Pierce of Greene county, the sum of ten dollars for prosecuting a slave.

Sec. 5.  And be it further enacted, That the following sums of money


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be, and they are hereby appropriated to the payment of the persons hereinafter mentioned for publishing AAn Act to mitigate the penal laws of this State,” and for other printing done for the State, to wit: to Philip Woodson, jr. the sum of eight dollars; to Simon Henderson the sum of ten dollars; to Posey and Coffee, the sum of twelve dollars; to Thomas M. Bradford, the sum of sixteen dollars; to C. S. Smith, the sum of ten dollars.

Sec. 6.  And be it further enacted, That the sum of two hundred and eighty nine dollars and twelve cents, be, and the same is hereby appropriated to the payment of William Findley sheriff of Tuscaloosa county or his executors or administrators, for attendance on the Supreme Court and for stationary and other articles furnished for its use; to G.B. Frierson, principle clerk of the House or Representatives, for services to be performed in bringing up the journals of the House, one hundred and fifty dollars.

Sec. 7.  And be it further enacted, That the following sums of money, be, and the same are hereby appropriated to the payment of the persons hereinafter mentioned, for fuel furnished for the use of the present General Assembly, to wit: to Kinney Poole, the sum of two hundred and thirty nine dollars; to Daniel Hamer, the sum of thirty one dollars.

Sec. 8.  And be it further enacted, That the following sums of money, be, and they are hereby appropriated to the payment of the persons herein named for the objects specified, to wit: to Solomon Purteat for repairs on the State Capitol, the sum of thirty dollars and fifty cents; to John Tatom door-keeper for servant hire, the sum of sixty seven dollars; to John Tatom door-keeper and James Rather, the sum of ten dollars each, for illuminating the capitol; to H. Perkins, the sum of thirteen dollars and sixty eight cents for repairing grates; to A. Lynch, the sum of seventy seven dollars and seventy five cents, for furniture and repairs; to James Rather, the sum of ninety six dollars, for taking care of the capitol and hanging six window curtains; to Charles Beale, the sum of seventeen dollars, for candles; to James Hogan, the sum of two hundred and fifty dollars and fifty two cents, for stationary, candles and other articles for the use of the legislature; to Kelly and Donoho, the sum of thirty three dollars for repairs done on the capitol; to V. Hart, the sum of seven dollars and eighty seven cents for sand boxes; to Augustin Lynch, the sum of thirty four dollars and sixty two cents for repairing furniture in the Representatives Hall, and to I. and J. Camp, eight dollars for candle sticks furnished the capitol.

Sec. 9.  And be it further enacted, That the sum of one hundred and twenty five dollars, be, and the same is hereby appropriated to the payment of Stephen S. Garrett, for medicines furnished and for attendance on prisoners in the jail of Montgomery county.

Sec. 10.  And be it further enacted, That the sum of seven dollars, be, and the same is hereby appropriated out of the University Fund to the payment of Posey and Coffee, for publishing notice to University land debtors.

Sec. 11.  And be it further enacted, That the following sums, be, and they are hereby appropriated for the payment of the claims of certain persons hereafter mentioned, viz: to A. Lynch, seventy seven dollars and thirty three and a half cents; to William Oscar sheriff of Benton county, nineteen dollars and eighty cents; to B. N. Glover solicitor, ten dollars; to Elijah Cathron, jailor of Perry county, one hundred and two dollars and forty cents; to T. W. L. M=Cleskey returning officer of Morgan county, twenty seven dollars; to Solomon Purteat, fifteen dollars; to John Love jailor of Dallas county, one hundred and eighty two dollars and ninety cents; to E.G. Thomas, sheriff of Marion county, fifteen dollars and twenty five cents; to John P. Booth, solicitor, twenty dollars; to Charles Lewin, two hundred dollars; to William Snider, one hundred and fifty dollars; to Robert Bell, deputy sheriff of St. Clair county, one hundred and sixteen dollars and seventy five cents; to M. P. Mead returning officer of Benton county, forty two dol-


146

lars; to James M. Bondurant, sheriff of Marengo county, thirty two dollars and seventy five cents; to David Chandler, sheriff of Perry county, fifteen dollars; to Anderson Bean, returning officer of Franklin county, twenty one dollars and twenty five cents; to Asa Messenger, eighteen dollars; to William Smith jailor of Benton county, four dollars and forty cents; to Battle and Miller, one hundred and ninety nine dollars and six and three quarter cents; to Simpson Robinson jailor, of Jefferson county, twenty four dollars; to Joel White, six thousand six hundred and forty dollars; to John Atkins, jailor of Chambers county, eighty five dollars and twenty cents; to George W. Elliott, sheriff of Russell county, fourteen hundred and eighty dollars and forty cents; to M. D. J. Slade, for printing, eight hundred and thirty three dollars and fifty cents; to Thomas Price, sheriff of Morgan county, one hundred and seventy two dollars and fifteen cents; to James Burns of Benton county, seven dollars; to William R. Hunt, jailor of Madison county, five hundred and fifty five dollars and sixty cents; to H. A. Snow, four dollars; I. and J. Camp, eleven dollars; to A. R. Thomas door-keeper, for servant hire, &c. seventy three dollars and seventy five cents.

Sec. 12.  And be it further enacted, That the following sums of money, be and the same are hereby appropriated for the payment of persons herein named, viz: the sum of ten dollars and eighty three cents to James Hogan, for stationary; to sum of ten dollars to A.R. Thomas for illuminating the senate chamber ; the sum of one hundred and fifty dollars to C.D. Connor, secretary of the senate, for bringing up the journal of the senate; to A.R. Thomas, door-keeper, the sum of sixty six dollars for wood and other things furnished; to M. D. J. Slade, one hundred and sixty five dollars, for printing State Bank documents, &c.

Sec. 13.  And be it further enacted, That the sum of eleven hundred and eighteen dollars, be, and the same is hereby allowed to Thomas M. Bradford for printing done for the present legislature, to be paid out of any money in the treasury not otherwise appropriated.

Approved, Dec. 23, 1836.

JOINT RESOLUTION

Be it resolved by the Senate and House of Representatives of the State of Alabama , in General Assembly convened; That Meek and McGuire, State Printers for the year 1836, be and they are hereby allowed the sum of two thousand dollars, in addition to the amount already received by them, as compensation for the work done by them for the State; and that the Comptroller of Public Accounts, be and he is hereby instructed to issue his warrant upon the Treasury for the same;  Provided, they produce vouchers from the Clerks of all the counties of this State, of their delivery of the acts of the last session of the Legislature.

Approved, Dec. 21, 1836.

JOINT RESOLUTION to keep and preserve all the furniture of both Houses of the General Assembly and for other purposes. Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That immediately after the adjournment of the present General Assembly, it shall be the duty of the Door keeper of each House, to put all the furniture of the House of which he was Door-keeper, in order, and in the presence of each, to take a correct and true inventory of all such furniture, together with the stationary on hand, for which service the said Door-keepers, shall each receive the sum of fifteen dollars, to be paid out of any money in the Treasury not otherwise appropriated.

And be it further resolved, That it shall be, and is hereby made the duty of James Rather, the Messenger of the House of Representatives, to receipt for all such furniture and stationary aforesaid, and to file the same, together with the aforesaid inventory, in the office of the Secretary of the State.

And be it further resolved, That it shall be the duty of the said James Rather, to take charge of all the vacant rooms in the State Capitol, to have the same ventilated and kept clean, and deliver the same, together with the furniture and stationary aforesaid, to the proper authorities, at the commencement of the next session of the General Assembly.

And be it further resolved, That for the faithful performance of all the aforesaid duties, the sum of one hundred dollars shall be paid to the said James Rather.

Approved, Dec. 23, 1836.


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JOINT MEMORIAL to the Congress of the United States, asking the right of pre-emption to actual settlers of the public lands.

To the Congress of the United States:  Your Memorialists, the General Assembly of the State of Alabama, respectfully represent to your honorable bodies, that at the present time, there are a very numerous and industrious class of men, who have settled upon public lands, lying within the State of Alabama, and have made improvement many of them valuable and extensive.  They have been, to some extent, induced so to do, by the liberal and enlightened policy, heretofore adopted by the federal Government, in granting the right of pre-emption to actual settlers, and from the firm persuasion that the Congress of the United States, would not put a stop to that policy so just and wise in itself, at a time when the public coffers are overflowing, and no longer need for any purpose a Levy revenue, from the sales of the public lands.

Respecting the virtue and expediency of the pre-emption policy, your Memorialists forbear to weary your patience with an argument.  It has been so often discussed, and is so well understood, that a labored array of facts and reasons on this occasion, would be a wasteful expenditure of time, either in us to repeat or in your to hear; our own convictions, ripened by observations and experience, pronounce the pre-emption policy, a good one, and we respectfully trust, that your honorable bodies, will regard it in the same light that your predecessors have done.

In regard to the claims of the settler to the favor which we ask at your hands, much might be said, but we will leave that subject, also, to your own wisdom and liberality; we know that a great deal has been urged against his claim; that the pre-emption policy is at best, a gratuity to intruders upon the public domain, and that it opens a wide door to fraud and perjury.  To this we may reply, that there never was any policy, however wise, and just in its general bearing, that has not been wrested to selfish purposes by dishonest men, through dishonest means; and we would simply inquire of you honorable bodies, which is best, to give the whole body of public lands, to bands of selfish and exorbitant speculators, and the system of public auction, or to suffer a few bad men, by dishonest means, to gain small tracts, while the great body of worthy and industrious settlers, are secured in the homes which they have cleared and cultivated, against the superior force and fraud of those trained bands of speculators, who resort to the land sales everywhere, to make the honest settler, who is more anxious than any other man, to make his title, tract and cabin his own, their peculiar and favorite subject of extortion and speculation.

In conclusion, we respectfully ask your honorable bodies to pass a law, granting to actual settlers on the public lands, lying within the State of Alabama, the right of pre-emption at the minimum price, of one hundred and sixty acres, including their improvement. We care not how cautious and vigilant you may be in the provisions of the law, to fence out fraud and perjury, as it is only the honest actual settler that we wish to be favored.

Your Memorialists would most respectfully bring to the notice of your honorable bodies, another meritorious class of our fellow citizens, who have been deprived of their homes and their labor, by floats purchased up by rapacious speculators, and placed upon their improvements; to allow to those thus situated, the right of pre-emption, to one quarter section of unimproved and unoccupied land at government price, would be a great relief to them, and of little or no injury to the Government.

Your Memorialists beg leave further to remark, that time and experience has only tended more fully to confirm all that has been heretofore said in favor of the propriety and necessity of adopting some plan, by which the refuse and unsold lands in the new States may be disposed of; and they would again most respectfully urge the adoption of graduating the price of the public lands, upon the plan of the Hon. Thomas H. Benton=s bill, or some other equitable mode, by which the people of the new States, may see the day, when the refuse and unsold lands contiguous to their homes, may be owned by them, without giving to the General Government, double and in some instances, triple their intrinsic value.

Your Memorialists would further respectfully present another important view of this subject: That there are five hundred thousand American people who have no home; who are honest, industrious and faithful citizens, who love their country and obey its laws; whilst the Government holds more than two hundred and fifty millions of acres of wild lands, lying waste and uncultivated in the vast forest of the West, of which more than one hundred millions of acres have been surveyed by the Government, and yet remain unsold.  These five hundred thousand citizens, are too poor to compete with the rich, well organized, enrolled companies of land purchasers, who attend all the public land sales, and from their overgrown capitals, purchase all the valuable lands, leaving nothing but the barren lands for those who are poor, which give no hope for a better condition to this large mass of your citizens, and all this without adding to the public revenue, as but little of your lands sell for more than the minimum price; moreover, an enhanced price


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of the public lands is not necessary for public revenue, as the Government=s Treasury is already full to overflowing, and the Government without a cent of public debt hanging over it. Your memorialists therefore pray, that Congress would pass a law, authorising any citizens of the United States, to enter upon any quarter section of any of the public lands, that have been surveyed, and upon applying to the register of the land district in which the same may be, and paying the Government price to the receiver of public monies, to be entitled to and shall receive a certificate of purchase thereof, in the same manner as purchasers at public sales are entitled.

Be it therefore resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That our Senators be instructed, and our Representatives in Congress be requested, to use all honorable exertions to effect the object contemplated in the memorial; and that the Governor of this State be requested to forward a copy of the same to each Senator and Representative in Congress from this State, with a request that it be laid before their respective Houses.

Approved, Dec. 22, 1836.

JOINT MEMORIAL of the General Assembly of the State of Alabama to the Congress of the United Stated, praying an existence of the pre-emption law.

Your memorialists represent to your honorable body, that by an act to revive the act, entitled an act to grant pre- emption rights to settlers on public lands, approved May 29th, 1830, passed by the Congress of the United States, and approved June 29th, 1834, every settler or occupant of the public lands, prior to the passage of said act, who was then in possession and cultivated any part thereof in the year 1833, and held possession of the same in the year 1834, should be entitled to all the benefits and privileges provided by the act entitled an act to grant pre-emption rights to settlers on public lands, approved, May 29th, 1830.

Your memorialists further represent, that the settlers upon the Cherokee lands, acquired by a treaty, concluded between that tribe of Indians and the United States, some time within the last year, that the numerous and highly respectable citizens, who have settled their lands, are the honest husbandman, who has subdued the forest by his toil and labor, hazarding his life and that of his family, among the savage tribe, who has uniformly become the victim of the speculator, and been forced to purchase his home at a price far above the real value, or turn his wife and children into the wilderness;  Therefore your memorialists pray your honorable body, to grant to all the settlers upon the Cherokee lands within this State, a pre-emption right of one quarter section, or such number of acres as you may think fit, so as to secure for them a home. Therefore:

Be it resolved, That our Senators in Congress be instructed, and our Representatives be requested to use their best exertions to procure the passage of a law to forward the object of this memorial.

Resolved further, That the Executive of this State, cause a copy of this memorial and resolutions to be forwarded to each of our Senators and Representatives in Congress.

Approved, Dec. 23, 1836

JOINT MEMORIAL of the Senate and House of Representatives of the State of Alabama in General Assembly convened, to the Senate and House of Representatives of the United States in Congress assembled in favor of an increase of the pay of the militia while in actual service.

Your memorialists respectfully represent to your honorable bodies, that their attention has be drawn to the subject of the compensation allowed by law to the citizen soldier when called into the service of the United States, and its inadequacy is so manifest in every point of view, that they cannot in justice to those they represent, omit bringing the subject directly before that authority who possess the exclusive power of applying the remedy.

Whatever may be the opinion of your memorialists as regards the compensation of the regular soldiery, they must refrain from expressing their views, inasmuch as they feel that they have no immediate concern with that subject.

No identity, however, in their judgment exists with these cases.  The consideration which should influence the action of Congress, in the former will be found wholly inapplicable in the latter, particularly as relates to the privates of the regular army.  In joining the service, there is no holy zeal for liberty nor impassioned love of country; they are known to take the bounty and enter the army precisely as they would hire into any other employment.  Indeed many are believed to seek it as an asylum from hunger, want and misery entailed upon them by their hideous and ungovernable vices. Not so with the citizen soldier. He is not moved by the attractions of a paltry bounty, nor influenced by the hope of ultimate gain to himself. While pursuing the peaceful walks of private life, and engrossed and fettered by the various ties of his social relations, he is aroused by the call of his country to arms. At once he pauses in his avocations, hesitates


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not to sacrifice his private interests, however great, on the alter of the general good; bursts asunder the delicate bands that bind him to his home and his family and flies with the unconquerable spirit of a freeman to the tented fields or untented wilderness.

It is not expected or desired by your memorialists or their constituents, that you will authorise a reimbursement of the collateral or incidental deprivations of the citizen soldiers, nor indeed that you will provide adequate compensation for his actual loss of time and property or necessary expenditure of private funds, but the present paltry pay is so grossly inadequate, even below the compensation allowed our soldiers during the last war with Great Britain, when our Federal Treasury was not only exhausted, but millions in default; that it does seem that wisdom, good policy and even justice require that now our government treasury is running over and inundating the whole land with the surplus revenue, that at least a reasonable compensation, some slight solace for the emptied pockets of the sufferer should be provided for those who at the sound of their country=s tocsin forget self in the view of danger to their fellow citizen, tear themselves from all the comforts and endearments of home and voluntarily repair where duty calls in defense of the frontier from savage massacre, or the shores of their beloved country from foreign invasion.  Therefore:

Be it resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That our Senators in Congress be instructed, and our Representatives be requested to use their best endeavors to obtain an increase by Congress, of the pay now allowed to the militia when called into the service of the States of the Union, to a sum more commensurate with their actual loss of time and their expenditure of private funds for their equipment and comfort.

And be it further resolved, That the Governor transmit to each of our Senators and Representatives in Congress, a copy of the foregoing memorial and resolution.

Approved, Dec. 23, 1836.

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JOINT MEMORIAL to the Congress of the United States, in relation to the late Creek War.

The memorial of the Senate and House of Representatives of the State of Alabama in General Assembly convened, sheweth, That the citizens in that portion of the State lately in the occupancy of the Creek nation of Indians, have greatly suffered by depredations committed upon their persons and property, by portions of the hostile Indians, belonging to said Creek tribe; in the prosecution of their savage and piratical war upon the settlers, they devastated plantations, burnt houses, carried off personal property and in many instances, entirely destroyed the growing crops, the few secured white settlers, becoming justly alarmed at the belligerent attitude of the Indians, fled the country for their personal safety and abandoned all their property to the merciless outrage of savage depredations; from this state of things great losses of property and infinite privations ensued, insomuch that it will require many years under the most propitious circumstances, for the settler to repair the great injury thus wantonly inflicted upon their lawful property; in consideration of these facts, the General Assembly of Alabama, pray the Congress of the United States to appoint or cause to be appointed, a suitable agent to investigate the nature and extent of the losses sustained by the people of that portion of Alabama, residing in the country lately occupied by the Creek Indians, and also to make an appropriation for the payment of such claims.

Therefore be it resolved, That the Governor be requested to transmit a copy of the foregoing memorial to our Senators and Representatives in Congress, and that our Senators be instructed, and our Representatives requested, to use their influence in favor of the foregoing memorial.

Approved, Dec. 23, 1836.

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JOINT MEMORIAL to the Congress of the United States, relative to the two per cent fund.

Your memorialists, the General Assembly of the State of Alabama, respectfully represent to your honorable bodies, that by the act of Congress for the admission of this State into the Union, passed March 2, 1819, it was provided that five per cent of the net proceeds of the sales of public lands lying within this State, should be reserved for making public roads, canals and improving the navigation of rivers, of which three fourths were to be applied to those objects within the State, under the direction of the State Legislature, and the remaining two fifths to the making of a road or roads leading to the said State, under the direction of Congress.

No appropriation, as we would inform your honorable bodies, has ever yet been made by this State of the three per cent fund, under their control, mainly for the reason that it was not required to furnish us with good common roads.  It was not sufficient to accomplish any great work of internal improvement of general interest to the State, and our Legislature have been unwilling to expend in making, or rather attempting to make, a


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great number of improvements of a purely local character; it has been attempted, to be distributed in that way, but the Legislature has uniformly resisted the attempt. It has been carefully husbanded by the State at interest, until it now amounts to the sum of $383,463.56.

No appropriation, we believe, has ever yet been made by Congress, of the two per cent fund placed under the direction of Congress, for making a road or roads leading to this State.  That fund must now amount to near two hundred and fifty thousand dollars.  The joint fund would now amount to more than half a million.  A sum sufficient with a further appropriation from the State, to accomplish some great work of internal interest to the State, and to the whole Union in a great or less degree.

The time has passed when any part of the fund is required to made roads leading in this State.  We are now surrounded on all sides by States long since settled, and have good roads leading to and from us in every direction and kept in order under the State authorities.

In consideration of the premises, we respectfully ask your honorable bodies, to pass a law, transferring to the State of Alabama, the two per cent fund, set apart for this State, to be expended in the manner directed by the act of Congress for the admission of Alabama into the Union, in regard to the three per cent fund and under the direction and authority of the State.

Be it resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That our Senators and Representatives in Congress, be instructed to use their best exertions to accomplish the object contemplated by this memorial; and that the Governor of this State be requested to furnish each of them a copy of the same, to be laid before their respective Houses.

Approved, Dec. 23, 1836.

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DEPARTMENT OF STATE.

TUSCALOOSA  ALABAMA, FEBRUARY 27, 1837.

I have carefully examined the foregoing act and resolutions, and find them to be true copies of the original rolls on file in my office.

T.B. TUNSTALL, Secretary of State.