Thursday, Dec. 13.

The House met pursuant to adjournment.

An engrossed bill to be entitled an act to divorce Sarah M. Bracken from her husband James A. Bracken, in pursuance of a decree of the Circuit Court of Franklin county, exercising chancery jurisdiction; Mr. Williams moved to strike out the second section of sad bill --- which was lost.

Mr. Moore moved to reconsider the vote on Mr. Williams' motion --- which was carried. Mr. Moore then moved to strike out the second section of said bill --- which was carried. The bill was then read a third time and passed--- Ayes 43 --- Nays 1.

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

Mr. Speaker, Allen, Anderson, Armstrong, Ayres, Beene, Brown, Carr, Clay, Craig, Dabney, Davis, Edmondson, Elmore, Fitzpatrick, Fleming, Graham, Holderness, Jones, Kennedy, King, Leake, Magoffin, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Perkins, Powell, Philpott, Perry, Skinner, Smith, Tagert, Thompson, Vining, Weedon, Williams, Williamson.

Mr. Evans in the negative.

Ordered, That the words "a bill to be entitled" be strick-

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en out. Ordered, That the same be sent to the Senate for their concurrence.

A message was received from the Senate by Mr. Lyon, informing this House, that the Senate concur in the amendments made by this House to the bill to be entitled an act to establish the temporary seat of justice in the county of Decatur, and for other purposes.

Also, that they had read a third time and passed, A bill to be entitled an act declaring the Conecuh and Sepulgah rivers public highways, and for other purposes --- which originated in this House;

Also, that they had read a third time and passed, A bill to be entitled an act supplementary to an act entitled an act for the relief of securities --- which also originated in this House.

Also, that they had read a third time and passed bills of the following titles, to wit:

An act to appoint commissioners to contract for, and superintend the erection of, the public buildings in the county of Wilcox;

An act to repeal so much of the third section of an act entitled an act to reduce the expenses of the General Assembly, and for other purposes, passed at Cahawba on the 15th day of June, 1821, as is herein specified; and,

An act amendatory to the several laws now in force for the relief of insolvent debtors; in which they desire the concurrence of this House.

Mr. Perry from the committee on enrolled bills, Reported, that said committee had examined bills of the following titles, to wit: An act to authorize the administrator of John Watt, deceased, to sell certain real estate therein named; an act to repeal in part and amend an act to constitute a court of oyer and terminer for the trial of slaves, and for other purposes; an act for form a sixth judicial circuit, and for other purposes; and, an act declaring the Conecuh and Sepulgah rivers, public highways, and for other purposes; all of which they find truly enrolled.

Mr. Morton moved to suspend the resolution, prohibiting the introduction of new business into this House, after Monday the 3rd instant; which was carried.

Mr. Morton then obtained leave to introduce a bill to be entitled, an act prescribing the manner of changing the


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venue in criminal cases, and for other purposes; which was read a first time; and the rule being dispensed with, it was read a second time forthwith, and Ordered to be read a third time tomorrow.

The House then took into consideration, the bill to be entitled, an act to repeal in part and amend an act entitled, an act to regulate the proceedings in the courts of law and equity in this state, passed on the 14th day of June last.

Mr. Clay offered an amendment making it the duty of the judges and commissioners to hold four courts annually, for county business --- which was decided in the affirmative.

Mr. Moore offered an amendment, giving the control over the county treasury to the judges and the commissioners of the county courts, or a majority of them --- which was adopted.

Mr. Perry offered the following amendment:

And be it further enacted, That the several judges of the county courts of this state, shall hereafter have power to grant writs of certiorari and supersedeas in the same manner, as the judges of the circuit courts now exercise that power.

Mr. Craig offered the following amendment to said amendment: Provided, no writ of ceriorari shall issue in any case, where judgement has been confessed, or stay of execution be taken --- which was adopted. The question was then taken on the adoption of Mr. Perry's amendment thus amended, and decided in the negative --- ayes 16, nays 25.

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

Messrs. Ayers, Davis, Duckworth, Elmore, Fitzpatrick, Graham, Jones, King, Morton, McHenry, Philpott, Perry, Parham, Smith, Vining, Williams --- 16.

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Armstrong, Beene, Carr, Clay, Dabney, Edmondson, Evans, Fleming, Hardwicke, Holderness, Kennedy, Montgomery, Murrell, Masterson, Moore, Martin, Skinner, Thompson, Crenshaw, Craig, Weedon, Williamson --- 25.

Ordered, That the said bill be engrossed for a third reading to morrow.

A bill to be entitled, an act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned, was read a third time and passed. Ordered, that the


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

A bill from the Senate to be entitled, an act to repeal so much of the third section of an act to reduce the expenses of the general assembly and for other purposes, passed at Cahawba, on the 15th day of June, 1821, as is hereinafter specified, was read a first time; and the rule being dispensed with, it was read a second time, and ordered to be read a third time to morrow.

Mr. Williamson moved to reconsider the vote on ordering the said bill to a third reading tomorrow; which was carried; the rule being dispensed with, the bill was then read a third time and passed. Ordered, that the Senate be acquainted therewith.

A bill from the Senate to be entitled, an act for the relief of Michael J. Kenan; was read a first time, and ordered to be read a second time to morrow.

A bill from the Senate to be entitled, an act to appoint commissioners to contract for, and superintend the erection of, the public buildings in the county of Wilcox, was read a first time.

And the rule being successively dispensed with, it was read a second and third times forthwith and passed.

Ordered, that the Senate be acquainted therewith.

A bill from the Senate to be entitled, an act amendatory to the several laws now in force for the relief of insolvent debtors, was read a first time, and ordered for a second reading on to morrow.

Bills from the Senate of the following titles, to wit:

An act to incorporate the town of Sparta, and for other purposes, passed December, 3rd, 1821;

An act to authorize the county court of Butler county, to compensate the commissioners heretofore appointed to fix the seat of justice for said county, and for other purposes;

And, an act for the relief of H. V. Chamberlain; were severally read a third time and passed.

The House resolved itself into a committee of the whole, on the bill to be entitled an act supplementary to an act to establish a State University, Mr. Armstrong in the chair; after sometime spent therein, the committee rose, and Mr. Armstrong reported the same bill with sundry amendments. Ordered, that the House concur in said report.


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Mr. Greening offered an amendment, establishing a female institution; which was adopted.

Mr. Clay then moved to lay said bill on the table; which was lost. Ayers 22, nays 22.

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

Messrs. Anderson, Armstrong, Beene, Clay, Davis, Evans, Fleming, Holderness, King, Leake, Murrell, Miller, Moore, Martin, McHenry, Powell, Philpott, Skinner, Smith, Vining, Weedon, Williams.

Those who voted in the negative are,

Mr. Speaker Ayers, Barclay, Brown, Craig, Dabney, Duckworth, Edmondson, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Jones, Kennedy, Masterson, Morton, Pickett, Parham, Tagert, Thompson, Williamson.

Mr.________ moved that said bill lie on the table which was carried.

Evening Session.

A bill from the Senate to be entitled an act to appoint commissioners for certain counties therein named, and for other purposes, was read a third time and passed. Ordered, that the Senate be acquainted therewith.

A message was received from the Senate by Mr. Lyon their secretary, informing this House that they have concurred in the resolution of this House, proposing to go into the election of a Judge and Solicitor for the sixth judicial circuit, and Judges of the county courts to supply such vacancies as now exist, this evening at seven o'clock.

Also, that they had read a third time and passed a bill to be entitled an act to provide for assessing and collecting the taxes of this State, --- to which they have made sundry amendments, in which they desire the concurrence of this House.

Also, that they had read a third time and passed, an act to alter the boundaries of Bibb and Perry counties.

And, a resolution granting to David White and his associates, the exclusive right and privilege of fishing in the Alabama river near Cahawba, under conditions therein mentioned; in which they desire the concurrence of this House.

Ordered, that the house to the amendments made by the Senate, to the bill to be entitled an act to provide

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for assessing and collecting the taxes of this State, in the fourth section and eleventh line, by striking out the word "last" and inserting in lieu thereof "first;" and by striking out in the same line, the word "December" & inserting "March." Ordered, that the house disagree to the amendment made by the Senate, to the eighth section of said bill, by striking out the word "third," and inserting "second; "and also, by striking out "November," and inserting "December." Ordered, that the House concur in the rest of the amendments.

Mr. Moore moved to reconsider the voted on agreeing to the amendment made by the senate to the eighth section of said bill, which amendment is in these words:

"The assessor and collector in every county, appointed "under this act, shall be entitled to receive at the rate of "twenty five per cent, on the first $400 collected, and in "proportion for a smaller sum; at the rate of twelve per "centum, on all sums over $400, and not exceeding $1000; "at the rate of seven per cent. on all sums over $100, "and not exceeding $2000; at the rate of six per cent. On "all sums over $2000, and not exceeding $3000; at the "rate of three per centum, on all sums over $3000;" which was decided in the affirmative.

Mr. Moore then moved to amend the amendment by adding the following proviso: "Provided, That the tax collector shall retain the per cent. allowed to the sums respectively, for all amounts collected;" which was adopted.

A message was received from His Excellency the Governor, informing this House, that he did on the 12th instant, approve and sign.

An act respecting rents. And on this day, an act to authorize the administrator of John Watt, deceased, to sell certain real estate therein named;

An act to legitimate a certain person therein named, and for other purposes;

An act to repeal in part, and amend an act to constitute a Court of Oyer and Terminer, for the trial of slaves, and for other purposes; and,

An act to form a sixth judicial circuit; all of which originated in this House.

A bill from the Senate to be entitled an act to alter the


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boundaries of Bibb and Perry counties --- was read a second time, and Ordered to be read a third time to-morrow.

A resolution from the Senate, granting to David White and his associates, the exclusive right and privilege of fishing in the Alabama river near Cahawba, under conditions therein mentioned, was read a first time, and Ordered, to be indefinitely postponed.

Bills and resolutions from the Senate of the following titles, to wit:

An act to amend the several acts regulating the proceedings in the courts of law and equity in this State;

Resolutions, in relation to the lands adjoining the town of Cahawba;

Resolution, in relation to the road from Uchee bridge to Line creek;

An act authorizing Abraham Skidmore and others, to sell certain real estate --- were severally read a second time, and Ordered, to be read a third time to-morrow.

Bills from the Senate of the following titles, to wit:

An act prescribing the mode by which a jury shall be drawn for the first Circuit Court for Pickens county;

An act to incorporate the Murder Creek Navigation company --- were severally read a third time and passed --- Ordered that the Senate be acquainted therewith.

A bill from the Senate to be entitled an act for the relief of Thomas Eastin, was read a second time, and Ordered to be read a third time to-morrow.

A bill to be entitled, an act to authorize the Judge of the County Court, and the commissioners of the roads and revenue of Butler county, to levy an extra tax, was read a second time, and Ordered to lie on the table.

A bill to be entitled an act to establish a certain county therein named, was read a second time. Mr. Williamson offered the following amendment:

And be it further enacted, That all that tract of country hereinafter described, being parts of the counties of Montgomery, Dallas and Autauga, bounded as follows: beginning at the northeast corner of township eleven, in range fifteen; thence north along the line dividing ranges fifteen and sixteen, to the Alabama river; thence down said river to the range line dividing thirteen and fourteen; thence north along said range line to the township line dividing the eigh-


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teenth and nineteenth townships; thence west along said line to the north eastern corner of township eighteen, in range eleven; thence south along the line dividing ranges eleven and twelve, to the line dividing townships eleven and twelve; thence east along the said line to the beginning; which said section of country shall form a county, to be called and know by the name of             ; which was decided in the negative. Ayes 6 --- Nays 38.

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

Messrs. Dabney, Fitzpatrick, Hardwicke. Leake, Morton, Williamson.

Those who voted in the negative are,

Mr. Speaker, Allen, Anderson, Ayers, Beene, Brown, Carr, Crenshaw, Craig, Davis, Edmondson, Evans, Elmore, Greening, Graham, Holderness, Jones, Kennedy, King, Magoffin, Murrell, Masterson, Miller, Moore, Martin, McHenry, Norwood, Powell, Philpott, Perry, Parham, Skinner, Smith, Tagert, Thompson, Vining, Weedon, Williams.

Mr. Perry moved to strike out all of said bill, after the enacting clause --- which was carried. Ordered, That the said bill lie on the table.

A bill to be entitled an act for the relief of Col. Samuel Dale, was read a third time and amended. Mr. Greening moved, that the following be that title of the said bill: "An act expressing the gratitude of the State of Alabama, for the services rendered by Samuel. Dale to this State" --- which was adopted. The bill was then passed. Ayes 26 --- Nays 17.

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

Mr. Speaker, Allen, Armstrong, Bagby, Beene, Brown, Carr, Clay, Crenshaw, Dabney, Duckworth, Evans, Fitzpatrick, Greening, Graham, Kennedy, Montgomery, Magoffin, Martin, Pickett, Philpott, Parham, Smith, Tagert, Thompson, Weedon.

Those who voted in the negative, are

Messrs. Anderson, Craig, Davis, Edmondson, Elmore, King, Leake, Murrell, Masterson, Miller, McHenry, Norwood, Powell, Perry, Skinner, Vining, Williamson.

Ordered, That the said bill be sent to the Senate for their concurrence.

On motion of Mr. Clay, Resolved, That a committee be appointed to wait on His Excellency the Governor, and request him to communicate to this House, such information as he may be in possession of, in regard to the loan as authorized to be obtained for one of the specie paying, banks of this State.

The House then adjourned till 7 o'clock this evening.


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Evening Session.

Mr. Williamson handed in the following statement to the clerk:

Involved as the undersigned was, between inclination and duty upon the passage of the bill making provision for Col. Samuel Dale, whose meritorious services entitle him, not only to my respect as an individual, but his claim was still greater upon me as a public functionary, though in a limited sphere; and whilst I admire and approve of the grateful feelings expressed by this honorable body, towards a good man, who has sacrificed his all to turn the tomahawk and scalping knife from helpless and unoffending innocence, it will always be a source of serious regret to me, that conscientious scruples induced me to dissent from the majority with whom I earnestly desired to voted. Entertaining, therefore, as I do, a sincere regard for his person, which is heightened, when connected with the recollection of his meritorious services upon sundry occasions, in the defence of this country, a just regard to the reputation of Col. Dale, as well as my own, induces me, under a solemn appeal to the supreme ruler of the universe, to declare, that the only motive governing may vote upon that occasion was a doubt of the constitutionality of the measure, and not the want of his merit,

PETER WILLIAMSON.

Mr. Graham offered the following resolution: Resolved,

That the Senate be informed, that this House is ready to receive them, for the purpose of going into the election of a Judge and Solicitor of the sixth judicial circuit and Judges of the County Courts, of such counties where vacancies exist --- which was adopted. Whereupon, Messrs. Graham and Perry were appointed to acquaint the Senate therewith.

Mr. Moore from the committee on claims, reported a bill to be entitled an act to make appropriations for the payment of certain claims against the State; which was read a first time, and Ordered to be read a second time to-morrow.

The Senate having repaired to the hall of the House of Representatives, the two Houses proceeded to the election of a Judge of the 6th judicial circuit. Anderson Crenshaw, John Edmondson and Marmaduke Williams being in nomination, the votes stood thus:


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For Mr. Crenshaw 32 --- For Mr. Williams 18 --- For Mr. Edmondson 15.

Those who voted for Mr. Crenshaw, are

Messrs. Casey, Chambers, Davis, Devereux, Elliott, Gause, Lucas, May, Wingate, (of the Senate.) Mr. Speaker, Anderson, Armstrong, Bagby, Carr, Clay, Craig, Dale, Davis, Duckworth, Evans, Elmore, Greening, Graham, Kennedy, Leake, Moore, Morton, Martin, McHenry, Norwood, Tagert, Thompson (of the H. of Rep.)

Those who voted for Mr. Williams, are

Mr. President, Conner, Dennis, Hanby, (of the Senate.) Allen, Ayers, Barclay, Beene, Brown, Hardwicke, Jones, King, Magoffin, Perry, Skinner, Smith, Vining, Weedon.

Those who voted for Mr. Edmondson are,

Messrs. Garth, Lanier, Rose, Trotter, Ware, (of the Senate.) Dabney, Edmondson, Fitzpatrick, Holderness, Murrell, Masterson, Pickett, Philpott, Parham, Williamson.

Neither of the candidates having a majority of all the members present, the Speaker declared there was no election. The two Houses then proceeded to ballot a second time for a Judge of the sixth circuit. Anderson Crenshaw and Marmaduke Williams being in nomination, the votes stood thus: For Mr. Crenshaw 41, For Mr. Williams 21.

Those who voted for Mr. Crenshaw are,

Messrs. Casey, Chamber, Davis, Devereux, Elliott, Gause, Lucas, May, Rose, Trotter, Ware, Wingate, (of the Senate.) Mr. Speaker, Anderson, Armstrong, Bagby, Carr, Clay, Craig, Dale, Davis, Duckworth, Evans, Elmore, Fitzpatrick, Greening, Graham, Holderness, Kennedy, Leake, Murrell, Masterson, Moore, Morton, Martin, McHenry, Norwood, Pickett, Parham, Tagert, Thompson.

Those who voted for Mr. Williams are,

Mr. President, Conner, Dennis, Hanby, Lanier, (of the Senate.) Messrs. Allen, Ayers, Barclay, Beene, Brown, Dabney, Duckworth, Jones, King, Magoffin, Perry, Skinner, Smith, Vining, Weedon, Williamson.

The Speaker thereupon declared Mr. Crenshaw duly elected Judge of the sixth judicial circuit.

The two Houses then proceeded to the election of a Solicitor for the sixth judicial circuit. No person being in nomination but Benjamin Fitzpatrick, and all the members present voting for him, he was declared by the Speaker duly elected Solicitor of the sixth judicial circuit.

The two Houses then proceeded to the election of a Judge of the county court of Henry, to fill the vacancy occasioned by the resignation of William Watson, Esq. David Caldwell being the only person in nomination, and


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all the members present voting for him, the Speaker declared him duly elected.

The two Houses then proceeded to the election of a Judge of the county court of Covington county. James R. Mobley being the only person in nomination, and all the members present voting for him, the Speaker declared him duly elected.

The two Houses then proceeded to the election of a Judge of the county court of Decatur county. Hezekiah Bailes being the only person in nomination, and all the members present voting for him, the Speaker declared him duly elected.

The two Houses then proceeded to the election of a Judge of the county court of Pike county. Charles Shaw and Andrew Townsend being in nomination, the votes stood thus: For Mr. Shaw 63, For Mr. Townsend 7.

Those who voted for Mr. Shaw are,

Mr. President, Casey, Conner, Chambers, Davis, Devereux, Dennis, Elliott, Garth, Hanby, Lucas, Lanier, May, Rose, Trotter, Ware, Wingate, (of the Senate.) Messrs. Anderson, Armstrong, Ayers, Bagby, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Davis, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Holderness, Jones, Kennedy, King, Leake, Magoffin, Murrell, Masterson, Miller, More, Morton, Martin, McHenry, Norwood, Pickett, Philpott, Perry, Parham, Skinner, Smith, Tagert, Thompson, Vining, Weedon.

Those who voted for Mr. Townsend are,

Messrs. Gause, Hogg, McVay, (of the Senate.) Mr. Speaker, Allen, Montgomery, Williamson.

The Speaker thereupon declared Mr. Shaw, duly elected.

A bill to be entitled an act to repeal in part the forty-third section of an act to organize the militia of this State, and substitute an amendment thereto, was read a second time, and Ordered to be read a third time tomorrow.

A bill to be entitled an act to establish the permanent seat of justice for the county of Montgomery, was read a second time, and Ordered to be engrossed for a third reading to-morrow.

The House then adjourned bill tomorrow morning nine o'clock.