Wednesday, December 5.

The House met pursuant to adjournment.

Mr. Leake from the committee on county boundaries to


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whom was referred the petition of sundry inhabitants of Shelby and St. Clair, praying the extension of the bonds of the latter county, Reported, that the prayer of the petition is unreasonable, and ought to be rejected.

Mr. Leake from the same committee to whom were referred sundry petitions from the inhabitants of Autauga, Montgomery and Dallas, upon the subject of forming a new county from those counties, Reported, that it is inexpedient at this time to form a new county from parts of Dallas, Autauga, and Montgomery.

Upon the question being put, shall the House agree to this report? It was decided in the affirmative. Ayes 39, Nays 4. The yeas and nays being called for,

Those who voted in the affirmative, are

Mr. Speaker, Allen, Anderson, Ayers, Beene, Carr, Clay, Crenshaw, Craig, Davis, Duckworth, Edmondson, Elmore, Fleming, Graham, Holderness, Jones, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Tagert, Thompson, Vining, Weedon.

Those who voted in the negative, are

Messrs. Brown, Dabney, Hardwicke, Williamson.

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

An act to amend the act to incorporate the City of Mobile, passed the 17th December 1819.

An act to authorize a lottery for the purpose of building a bridge over Prairie Creek, in the County of Greene;

An act to establish certain election precincts therein named, and for other purposes; and,

An act to establish a board of internal improvement; were severally read a first time and ordered to be read a second time tomorrow.

Mr. Williams from the committee of the whole House, to whom was referred the bill to be entitled an act to raise a revenue for the support of government for the year 1822, reported the said bill with sundry amendments. Ordered, that the House disagree to the amendment made by the committee in striking out of the third section the words "for every horse kept exclusively for saddle or pleasure carriage." On the question shall the House concur in the amendment made by the committee in striking out of the third section the words "for every practising attorney dollars; for every practising physician dollars;" and decided in the affirmative. Yeas 31. Nays 21.

The yeas and nays being called for,

Those who voted in the affirmative are,

Messrs. Anderson, Armstrong, Bagby, Barclay, Carr, Clay,


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Craig, Dabney, Dale, Edmondson, Fitzpatrick, Fleming, Graham, Holderness, Hopkins, Montgomery, Magoffin, Murrell, Morton, Martin, Norwood, Pickett, Philpott, Perry, Parham, Smith, Tagert, Thompson, Vining, Weedon, Williamson.

Those who voted in the negative are,

Mr. Speaker, Allen, Ayers, Beene, Brown, Crenshaw, Davis, Duckworth, Elmore, Greening, Hardwicke, Jones, King, Leake, Masterson, Miller, Moore, McHenry, Powell, Skinner, Williams.

The House then concurred in the balance of the amendments.

Mr. Pickett moved to strike out of the third section, the words "twenty five" where it occurs in these words "for all neat cattle which may be owned by any one citizen of this State, over twenty-five head cents," for the purpose of inserting the word "forty;" which was decided in the negative. Ayes 17, nays 30.

The yeas and nays being called for,

Those who voted in the affirmative are,

Messrs. Armstrong, Ayers, Bagby, Clay, Crenshaw, Duckworth, Elmore, Fitzpatrick, Fleming, Graham, Hardwicke, Hopkins, Jones, Magoffin, Pickett, Tagert, Weedon,

Those who voted in the negative are,

Mr. Speaker, Allen, Anderson, Barclay, Beene, Brown, Carr, Craig, Dale, Davis, Edmondson, Holderness, Leake, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Powell, Philpott, Perry, Parham, Skinner, Thompson, Vining, Williams, Williamson --- 30.

Mr. Anderson moved to strike out the first section of said bill; which was decided in the negative --- ayes 10, nays 39.

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

Messrs. Anderson, Ayers, Craig, Davis, Edmondson, Leake, Murrell, Masterson, Morton, Martin --- 10.

Those who voted in the negative, are

Mr. Speaker, Allen, Armstrong, Bagby, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Dale, Duckworth, Elmore, Fitzpatrick, Fleming, Graham, Hardwicke, Holderness, Hopkins, Jones, Montgomery, Magoffin, Miller, Moore, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Smith, Tagert, Thompson, Vining, Weedon, Williams, Williamson --- 39.

Mr. Weedon offered the following amendment to the third section, for every dirk ______ ; for every sword cane ______ ; for every pocket or side pistol ______ ;


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for every dirk knife with a spring to prevent it from shutting

Mr. Davis moved to amend the said amendment, by striking out the words "for every dirk knife with a spring to prevent it from shutting;" which was decided in the affirmative.

The question was then taken on Mr. Weedon's amendment as amended, and decided in the negative --- ayes 20, nays 31.

The yeas and nays being called for, those who voted in the affirmative, are Messrs. Anderson, Beene, Clay, Craig, Davis, Duckworth, Holderness, Jones, King, Leake, Miller, Morton, McHenry, Powell, Philpott, Skinner, Tagert, Vining, Weedon, Williamson --- 20.

Those who voted in the negative, are

Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Barclay, Brown, Carr, Crenshaw, Dabney, Dale, Edmondson, Elmore, Fitzpatrick, Fleming, Graham, Hardwicke, Hopkins, Montgomery, Magoffin, Murrell, Masterson, Moore, Martin, Norwood, Pickett, Perry, Parham, Smith, Thompson, Williams --- 31.

Mr. Moore moved to amend the third section, by inserting the words "work oxen excepted" after the words "next cattle;" which was carried.

Mr. Bagby moved to amend the third section, by inserting after the word "liquors" the words "for every horse or mule;" which was decided in the negative --- ayes 18, nays 34.

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

Mr. Speaker, Armstrong, Ayers, Bagby, Barclay, Crenshaw, Dabney, Dale, Elmore, Fleming, Graham, Hopkins, Montgomery, Morton, Martin, McHenry, Perry, Smith --- 18.

Those who voted in the negative, are

Messrs. Allen, Anderson, Beene, Brown, Carr, Clay, Crag, Davis, Duckworth, Edmondson, Fitzpatrick, Greening, Hardwicke, Holderness, Jones, King, Leake, Magoffin, Murrell, Masterson, Miller, Moore, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Tagert, Thompson, Vining, Weedon, Williams, Williamson --- 34.

Mr. Armstrong moved to amend the third section by inserting at the end thereof the following words "for every thousand pounds of nett cotton picked at any gin, used for ginning cotton        cents."

Mr. Craig moved to amend the said amendment, by adding the following words, "and for every thousand feet of lumber, cut at any saw mill        cents."

The question was then taken on the amendment, and the amendment to the amendment, and decided in the negative --- ayes 24, nays 28.

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

Mr. Speaker, Anderson, Armstrong, Ayers, Bagby, Beene, Clay, Crenshaw, Craig, Dale, Holderness, Montgomery, Magoffin, Murrell, Miller, Martin, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Smith, Williams --- 24.

Those who voted in the negative are,

Messrs. Allen, Barclay, Brown, Carr, Dabney, Davis, Duckworth, Edmondson, Elmore, Fitzpatrick, Fleming, Greening, Graham, Hardwicke, Hopkins, Jones, King, Leake, Masterson, Moore, Morton, McHenry, Perry, Tagert, Thompson, Vining, Weedon, Williamson --- 28.

Mr. Anderson moved to amend the third section, by adding at the end thereof the following words, "on all stills in use ____ cents; and on all bachelors over twenty five years old, _____ ;" which was decided in the negative.

Mr. Powell offered the following additional section:

And be it further enacted, That in addition to the tax herein imposed upon the sale of Merchandize, the retailers of all spiritous and vinous imported liquors, and likewise Spanish cigars, shall pay       per cent. on the invoice cost of the same, to be collected as provided for in other cases; which was adopted.

On motion of Mr. Morton two additional sections were added. Ordered, that the said bill be engrossed for a third reading to morrow.

A message was received from the Senate by Mr. Lyon, their secretary, informing this House, that they had read a third time and passed the following bills:

An act to incorporate the town of Belle Fonte in the county of Jackson.

An act to establish the temporary seat of justice in the county of Decatur, and for other purposes.

An act to authorize the issuing of Treasury notes, and to vest authority in the Executive of this state to apply a certain sum of money therein mentioned, for the purpose of making such arrangements with the specie paying banks of this state, as may aid the credit and currency of the treasury notes.

An act to provide for transcribing and transferring certain records from Mobile to Baldwin county.

An act to establish a ferry and appoint commissioners to lay out a certain road therein named.

An act authorizing the sale of college lands and for other purposes; and,

An act to alter the time of holding the county courts in


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the county of Franklin; in all of which bills they desire the concurrence of your Honorable body.

Another message was received from the Senate, by Mr. Lyon their Secretary, informing this House, that they have concurred in the amendment made by this House to the bill to be entitled, an act to alter and amend the militia laws of this state. Also, that they had read a third time and passed a bill to be entitled, an act to fix the time for convening the General Assembly of the state of Alabama; which originated in this House.

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

An act supplementary to the several acts in relation to wills, intestates and guardians;

An act more effectually to enforce the acts of the General Assembly of the 21st December, 1820, and of June 14, 1821, in relation to roads within this state.

An act providing for certain officers.

An act authorizing a lottery for the benefit of building an a academy in the town of Montgomery.

An act authorizing the sale of college lands, and for other purposes; and,

An act to authorize the issuing of Treasury notes, and to vest authority in the Executive of this state to apply a certain sum of money therein mentioned, for the purpose of making such arrangements with the specie paying banks of this state, as may aid the credit and currency of Treasury notes; were severally read a first time, and Ordered, to be read a second time tomorrow.

The bill to be entitled, an act to incorporated the Murder creek navigation company, which was returned to this House by His Excellency, was again taken into consideration.

Mr. Craig moved to reconsider the voted on the passage of said bill; which was carried.

Mr. Craig moved to reconsider the vote on the third reading of said bill; which was carried.

The bill then being on its second reading, Mr. Greening moved to amend the same by striking out the words "twelve hundred," for the purpose of inserting "one hundred and twenty;" which was carried.

The bill was then read a third time and passed; Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

A bill to be entitled, an act to provide for assessing and collecting the revenue of this state, was read a third time.


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Mr. Clay moved to amend the said bill by way of rider, by adding the following words at the end of the 14th section, to wit: "or the notes of any chartered bank in this state;" which was decided in the negative --- ayes 14, nays 34.

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

Messrs. Anderson, Clay, Edmondson, Hardwicke, Holderness, Hopkins, Leake, Moore, Morton, Philpott, Parham, Skinner, Vining, Weedon --- 14.

Those who voted in the negative, are

Mr. Speaker, Allen, Armstrong, Bagby, Barclay, Beene, Brown, Carr, Crenshaw, Craig, Dale, Davis, Duckworth, Elmore, Fitzpatrick, Montgomery, Magoffin, Fleming, Graham, Murrell, Masterson, Miller, Martin, McHenry, Norwood, Pickett, Powell, Perry, Smith, Tagert, Thompson, Williams, Williamson --- 34.

Ordered, that the said bill lie on the table.

The House then adjourned.