Tuesday, November 13, 1821.

The House met pursuant to adjournment.

Mr. McHenry presented the petition of sundry inhabitants of Shelby and St. Clair counties praying the extension of the line between said counties to Kelly's creek --- which was received; and, on motion, Ordered, That the said petition be referred to the committee on county boundaries.

Mr. Crenshaw presented the petition of sundry inhabitants of Dallas, praying that no alteration may take place in the boundary of said county; which was received, and Ordered, to be referred to the same committee.

Mr. Fitzpatrick from the committee of propositions and grievances to whom was referred a bill to be entitled an act for the relief of Josiah D. Lister, Esq. sheriff of Washington county, reported the same as amended; which bill was read a second time; and Ordered, That the same be engrossed, and made the order of the day for its third reading tomorrow.

Mr. Crenshaw from the judiciary committee, to whom was referred the petition of Elizabeth Caley, made the fol-


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lowing report: The judiciary committee to whom was referred the petition of Elizabeth Caley, praying for a divorce from her husband H. E. Caley, beg leave to be discharged from the further consideration of the same; and recommend to the House, that the said petition be referred to the committee of divorce and alimony.

W. Crenshaw, Chairman.

Ordered, That the House concur in said report, and that the said petition be referred to the committee of divorce and alimony.

Mr. Crenshaw from the Judiciary committee, to whom was referred the resolution of the House, directing them to inquire into the expediency of establishing a uniform mode by which executors and administrators may dispose of real estate under the direction of the Judge of the circuit court; made the following Report, that they have had the same under consideration, and are of opinion, that it is inexpedient at this time to pass any general law, authorizing executors and administrators to sell real estate.

W. Crenshaw, chairman.

Ordered, That the House concur in said report.

Mr. Leake, from the committee on county boundaries, reported the following bill: A bill to be entitled an act to alter and extend the boundaries of Limestone county, which was read a first time; and, Ordered, that the same be read a second time tomorrow.

Mr. Armstrong from the joint committee appointed to examine and report the situation of the public arms, made the following report. That they find in the arsenal, two hundred and fifty-eight stand of arms, in very bad order. That the Quarter Master General, also, reported eleven stand of arms in the hands of Mr. Roberts for the purpose of repairing; and thirty-five stand delivered to captain White, commanding the volunteer company in this town, by order of the acting governor, making in all three hundred and four stand. Your committee would recommend that an appropriation be made at this session of the legislature to enable the Quarter Master General to have them put in good order. Ordered, That the House concur in said report.

Mr. Craig from the select committee to whom was referred the petition of Lewis Tilman, reported the following bill: A bill to be entitled, An act to authorize the emancipation of certain slaves, therein named, which was read a first time; and, Ordered, that the same be read a second time tomorrow.


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Mr. McHenry offered the following resolution: Resolved That a committee be appointed on the part of this House, together with such committee as may be appointed on the part of the Senate, to examine into the state of the Treasury, and report to this House, what monies are in the treasury at this time, if any, and the probable receipts up to the first day of December next. Ordered, that the said resolution lie on the table.

A message from the Senate by Mr. Lyon, their secretary; Mr. Speaker, I am instructed by the Senate to inform you, that they have adopted the following resolution: Resolved, by the Senate, that with the concurrence of the House of Representatives a joint committee of both Houses be appointed to inquire into the expediency of memorializing the Congress of the United States, on the subject of the annexation of West Florida to this state, with leave to report by memorial or otherwise. Ordered, that the House concur in said resolution; Whereupon, Messrs. Greening, Montgomery and Weedon were appointed the committee on the part of this House.

Ordered, that the committee on claims be discharged from the consideration of the account of Thomas H. May.

On motion of Mr. Crenshaw; Resolved, that the Judiciary committee be instructed to inquire, whether the Judges of the court of errors and appeals have complied with the law requiring them to file their opinions in writing, passed at Huntsville in December 1819, and to make such report thereon as the case requires.

A communication from His Excellency the governor, by Mr. Pleasants, secretary of state, was read and is as follows.

Executive Department, Nov. 13, 1821.

Gentlemen of the Senate, and of the House of Representatives,

In presenting such view of our affairs as appears to me worthy of legislative attention; I deem it proper to premise with great deference, that in the present imperfect state of our representation, it is not recommended as adviseable to extend the labors of the session beyond those measures, the expediency of which is immediate or obvious.

An abstract of the census lately taken, so far as returns have been made, are ready to be laid before any committee you may appoint to act on the subject, any further returns that may be received will be immediately presented that you may be enabled to proceed to the apportionment of


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representation in both branches of the legislative department. In the correct and satisfactory, discharge of this imperious duty, no difficulty is apprehended. Should there be, eventually, a failure in receiving returns from some of the counties, I presume that a recourse would be proper, in those instances, to the latest preceding returns.

In many of the matters to which your attention has been very properly invited by the communication of the late acting Executive, I take much pleasure in expressing my cordial concurrence of opinion. In the few instances wherein I have viewed subjects differently, they are submitted to you with much consideration.

The State University and the disposition of the lands reserved for its endowment, have a just claim upon your most earnest deliberations. This subject has so justly been classed among those of the deepest interest of the state, both as respects the present and future times, that I feel it my duty to offer you the result of my best reflections upon it.

I have no hesitation in adding my concurrence in the expediency of a sale of those lands at as early a period as the circumstances of the community will justify a belief, that full prices may be obtained. I must also add, that it is both the interest of the state, and the incumbent duty of those who conduct its concerns, to obtain the most from this resource what can possibly yield. It is not believed that an immediate sale for cash will promise this result. Our daily observation, connected with the present condition of our circulating medium, will induce to the conclusion, that a sale in which the purchase money shall be required in four, five or six annual instalments, the first to be made at the time of sale, will most probably yield one hundred per cent more than a cash sale. It being in every view of the case requisite that specie or that which is of equal value, shall be the medium of payment. It may be deemed proper to require ample personal security, in addition to the collateral security of the land itself. This requisite may either be exacted at the time of sale, or by some suitable provisions at the time of the second or any succeeding instalment falling due and not being punctually paid.

As regards those weighty political reasons which induced to the late change in the terms of sale of the national lands while I concur most cordially in their wisdom and sound public policy. I am unable to see any of those reasons to be applicable to the disposition of this limited quantity of lands

4


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--- two townships dispersed in small tracts over the state, no county including but a few sections. Can the tendency of such a debt as would be contracted by the sale of these seventy-two sections of land be considered as at all serious? Add to this, that its discharge does not act as that drain upon our currency which is opened by a payment to the United States. The contrast of the two cases will appear in full glare, when we view the extensive domain of the United States, spreading over many whole states and territories adjoining; the debts contracted in the sale of which would involve the interests of millions of our population, and eventually tend to a disaffection towards the Union.

I am aware that an imaginary objection may be thought to exist against a sale on credit. That the legislature may be harrassed by the frequent application of debtors of this class. This objection will at once vanish when it is considered that the legal interest in these debts will have become vested in the corporation, and therefore out of the reach of legislative indulgence. Nor is it believed that any objection can arise from the liability of this mode of sale to combinations. Very few of these tracts lie in the bounds of any neighborhood or even in the same county. There will not be that general mutuality of interest prevailing among the community which is the greatest cause of combination in general sales. But it occurs, that by requiring the whole to be advanced in cash we destroy competition, by rendering so few in any neighborhood able to advance the necessary amount in money.

It is believed that it may be prudent to vest a reasonable portion of the fund arising from the sale of these lands, in stock of the State Bank. And for that purpose, it might be proper to make provision in its charter for admitting a subscription in favor of the University at any time, of not exceeding one thousand shares of one hundred dollars each. This amount might be produced from the first instalment, and would in that case be sufficient alone to put the bank in operation. But should the amount of this instalment fall short of this calculation, it would be in all events sufficient with the aid of such individual capital as may be applicable to that purpose, to give full effect to the bank in the ensuing year.

It may become a proper injury what disposition may best be made of the residuum of the purchase money, after vesting the limited amount proposed in bank stock and putting the University into operation.


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This fund being a sacred trust for the future as well as present generation, security and permanency, with a regular and certain increase, would be the great desideratum. The funds that appear to me peculiarly suited to such a purpose, are the stocks of the government of the United States bearing an interest of six per cent. These are as certain as the government itself and the increase will remain unaffected by the vicissitudes of the times. However favorably I anticipate the advantages which will result from out State bank, both to its stockholders and the public, our late observation on the subject will not justify the full confidence in the stability and regular productiveness of the most promising banking institution, that we are warranted to repose in the national funds.

However, should the plan of allowing credit for a portion of the purchase money be adopted, ample time will be left to consider of the best disposition to be made of the money arising from the deferred payments.

The location of the institution will, for the reason premised, be a proper work for a future session; in the mean time an act of incorporation may be proper, empowering the trustees to effect sales on such terms as may be prescribed; to take measures for preserving the lands that may not be sold and to reserve from sale such tracts as may be deemed proper at or near the several places held in view as suitable sites; requiring them to report to the legislature their proceedings, and such information as may affect the interest of the institution, reserving to the legislature a superintending control over the corporation.

In the application, of this literary fund to the establishment of an institution where our sons may be instructed in all the branches of literature, it is believed neither to be inconsistent with the object of the act of national munificence which has given us these means, nor with the generous and refined sentiments of the age in which we live, to apply a portion of them to female education.

The depreciated state of the medium which composes the greater part of our revenue, requires immediate attention. To enable the state in good faith and without loss, to discharge the demands against it, it will be requisite to exclude from the treasury, all paper that is not equivalent with specie. This may be a proper period for paying off the loan obtained from the Planters' & Merchants' Bank of Huntsville, in its own paper.


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It may be expedient to authorise a loan from one of the specie paying banks, towards any deficiency in our Treasury, which need not exceed $15,000.

Such provision may also be made in regard to any sum that may have been collected and paid into the Treasury, in the paper of a bank not paying specie that it may be replaced by the bank issuing it, with specie or other sound medium, or with an ample indemnity. In this case the Treasury will cease at once to pay out paper of this description.

In the policy of excluding from future collection of taxes, the paper of the Huntsville Bank, during its refusal to pay its notes in specie, a full regard has been given to the situation of the large and interesting portion of the community in which its paper has composed the general circulation. Although such exclusion might have operated at a short period since, with much inconvenience to the people, and have amounted to a denial of the means of payment, it is believed that such a measure at this time will have no such effects; but will, on the contrary induce them to require a sound currency for their valuable produce now generally on hand, and eventually aid in the entire exclusion from circulation of a depreciated currency.

What other provision may be deemed correct toward that Bank and just to the public, will depend on your wisdom to devise. How far a tax would be adviseable, and to what amount might be necessary, to induce the institution to comply with its engagements, at a period when its capacity seems not to be questioned by those acquainted with its affairs, will be questions for your determination. If such a course be adviseable, the tax ought to be such as will effectually answer the purpose. I question the policy and more propriety of taxing an evil, unless with the view of causing it to cease: otherwise it serves to legalize it.

And in any more definitive course, it will be essential that proper regard be had to the state of the community most concerned. That while the creditors of the institution shall be secured, its debtors may not be ruined by too rigorous a pressure. Much of the embarrassments of that institution, it is hoped might be removed by a mutually advantageous connexion between the State Bank & the local ones.

It is not believed, that any addition to the aggregate amount of taxes will be requisite. The necessary amendments in the mode of assessment and collection will be better suggested on a further progress of receiving the returns.


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Of the treasury warrants now issued, means of discharging the greater part may be provided by making a provision in such law as may be deemed proper in relief of purchasers at the first sale of lots in the town of Cahawba, which shall create inducements to prompt payments, by allowing a liberal discount.

It would also add to our facilities in the present state of the currency, to provide for a more convenient description of Treasury notes or warrants. It is confidently believed that by adopting the several provisions recommended, our revenue and treasury paper will be relieved from the evils of depreciation in a very short period, and that a limited amount of these notes or warrants issued in anticipation of certain revenue may be equally current with specie.

So much of the agricultural as well as commercial prosperity and respectability of the state, will depend on a judicious attention to internal improvements in regard to roads and navigation, that a portion of your attention will of necessity, be devoted to that subject. Our constitution has in express terms injoined it on the legislature, to provide, by law, for obtaining accurate knowledge of such objects as may be proper for improvement, and for making a systematic and economical application of the means appropriated to them.

(Art. 6. Sec. 21.)

At the first session of our State Assembly, a law was passed in obedience to this provision of the constitution, presenting some of the most conspicuous points, and authorized the examination of them by an Engineer under the direction of the Executive. This law has been but very partially carried into effect. It has long appeared to me, that unless a system shall be established, that shall ensure liberality and disinterestedness, as well as method, combined with practical skill, in the design and execution, very little efficient progress will be made by the state in public improvement The fund arising from the nett amount of sales of United States lands sold after the first day of September 1819, agreeably to the act of admission, may be very profitably employed, viz: three per cent, for improvements in the state; and two per cent. for making roads to the state, under the direction of Congress. The three pr cent. fund amounted from the date last mentioned till the 30th Sept. 1820, (18 months) to $7,899 07. No later statements have been received. But it is presumable the average annual amount of this fund will be nearly the same for the next eight years; an


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amount not sufficient to accomplish very expensive objects, but ample enough for the correct examination and survey of all of them, with the ascertainment of the most practicable plans and cost of completion, and also for accomplishing many of the less expensive objects; thus opening the way for individual enterprize and capital, and aiding these again in their progress.

The plan which appears to me most simple & best adapted to answer all the desired purposes, would be the establishment of a board of improvement consisting of not exceeding five members, chosen annually or biennially by the General Assembly from the several Judicial or other divisions of the state. It being the duty of this board in connexion with the executive for the time being, to direct the application of the means which the legislature shall from time to time appropriate by law for improvement & for examination. The reasonable expenses of the board when on actual service, to be defrayed from the improvement fund. It being the duty of the board to make annually or oftener if required reports of their proceedings and to account for the sums expended.

The advantages of this system, would be, the greater probability of a disinterested exercise of duty: From the known public spirit and intelligence of those who would most probably be selected as members of the board, and owing their appointment to the legislature of the state, they would be relieved from that local obligation which is often so much felt by representatives from counties. Add to this, the facility of deliberation and of visiting personally the points that may be necessary and of collecting useful information. It is not improper to remark that it is well known that the provision in the constitution before noticed, was adopted with a pointed view to such a system.

Certain leading roads between the extremes of the state may be very advantageously laid out.

The several impediments to the navigation of the Alabama and Tombecbe and their tributary waters, from the lowest to the highest practicable points of navigation, will of course be proper objects of examination. Thence across the several points of nearest land communication to the waters of the Tennessee river, the best practicable portages should be ascertained and opened. This part of our Geography together with the shoals on that river has long since engaged the attention of the general government, and has deservedly been viewed as a national object. These are also equally


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interesting to our sister state of Tennessee. And I have had great pleasure to see a late executive communication to the legislature of that state, calling their attention to the communication between the Hiwassee and one of the heads of Coosa river, in which assurances are given from personal knowledge of the easy practicability of actually uniting those streams, by a canal of eleven miles. This effected, and a continued inferior water communication is formed from the Mobile bay through the Tennessee and Holston a considerable distance into the state of Virginia. Thus by a moderate share of capital and enterprize judiciously directed, our county may exhibit advances in improving our channels of intercourse, the very idea of which, very lately, would have been viewed as romantic.

In the event of an enlargement of our southern boundary, which will be a question of national policy for the determination of the general government, new objects for improvement may be presented.

No object is more desirable in a government of laws, than their regular and due administration in the tribunals of justice. In the failure of the sessions of courts, which too often happens by reason of indisposition of judges, and omission of the proper officers to have juries summoned, with other occurrences, the aggregate loss to the community is considerable.

I am informed that in the county of Henry, two years since established, no courts have yet been holden. This omission is deserving of inquiry, and the proper remedy should be allowed, either that the court should be regularly holden, or in case of omission that the judge should be authorized to hold a special court. Some general provision on this subject may be proper.

I have the honor to lay before you, certain resolutions passed by the Legislature of the state of Georgia, communicated by the governor of that state; in which it is represented, that having understood that the Creek & Cherokee nations of Indians are desirous of making certain cessions of their territory, whereby the settlements, of Georgia, Tennessee & Alabama may become connected, and desiring the co-operation of this state to induce the Government of the United States to hold a treaty with those nations for procuring that cession. The importance of such a cession to this state is obvious to all, in extending our settlements to our full limits in that direction, inviting emigration, and uniting in social and commercial intercourse with the states adjoining.


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A communication has been received from the Secretary at war, accompanied by an extract of a letter from the agent of the Chickasaws, urging the propriety of preventing the sale of spirits to Indians. These are laid before you.

I lay before you the report of the Quarter Master General. It may be proper to appoint a committee of the legislature to visit the Arsenal of this place, and inspect the public arms therein, which may aid in determining the best disposition to be made of them.

I recommend that a committee be appointed to examine the condition of the Executive records. Owing it is understood to the want of proper books for the department, these records have not been kept up from the commencement. This examination will enable you to make the necessary provisions on the subject.

In the prosperous management of our public affairs, so much depends on a harmonious and liberal concert of exertion in all our departments, that too much care cannot be bestowed on its cultivation. A want of this is never so much owing to the fault of original indisposition in any of us to exercise and promote it, as a reaction produced by a want of full confidence that the disposition exists in others with whom, or for whom we act.

This confidence being mutually obtained, I have the happiness to believe that our community contains a full proportion of all the necessary requisites to produce this desired concert. In forming this new association, we have left behind us most of the objects of our native partiality that could abstract our views from the best public good.

I cannot close this communication without expressing the gratifying hope, that the happy disposition now existing among us may continue to lighten the duties of the session; and that our joint labors conceived in that temper of mutual conciliation and public spirit which becomes the representatives of a generous and enlightened people, may result in promoting the best general interests and satisfying the just expectations of our constituents.

ISRAEL PICKENS.

On motion of Mr. Perry, Ordered, That the House resolve itself into a committee of the whole House, on Thursday, on the message of His Excellency. Ordered, That four hundred copies of the said message be printed.

The House took into consideration Mr. Morton's resolution, appointing a committee of five members for the purpose of drafting a bill apportioning the representatives, and to lay the State off into senatorial districts; which resolution was adopted. Whereupon, Messrs. Morton, Craig, Bagby, Vining and Armstrong, were appointed said committee.


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On the motion of Mr. Craig, the House took into consideration the report of the committee, appointed to draft rules of order and decorum for the government of the House of Representatives, consisting of the following rules:

Rule 1. The Speaker shall take the chair every day at the hour to which the House shall have adjourned the preceding day; shall immediately call the members to order: and on the appearance of a quorum, cause the journals of the preceding day to be read.

Rule 2. He shall preserve order and decorum, may speak to points of order in preference to other members, rising from his chair for that purpose. He shall decide questions of order, subject to an appeal to the House at the request of any two members, which appeal shall be decided without debate.

Rule 3. He shall rise to put a question, but may state it Sitting --- all questions shall be distinctly put in this form, to wit: As many as are of opinion that (as the question may be) say Aye; and after the affirmative voice is expressed as many as are of the contrary opinion, say No. If the Speaker doubts, or a division be called for, the House shall divide; those of the affirmative of the question shall first rise from their seats, and afterwards those of the negative.

Rule 4. He shall have a right to name any member to perform the duties of the chair; but such substitutions shall not extend beyond an adjournment.

Rule 5. Fifteen members shall have power to call a house and send for absent members. A majority shall be a quorum to transact business; and seven members after the hour of twelve, may adjourn from day to day.

Rule 6. When a member is about to speak or deliver any matter to the House, he shall arise from his seat, and respectfully address himself to Mr. Speaker.

Rule 7. If any member in speaking or otherwise, transgress the rules, the Speaker shall, or any member may, call to order; in which case the member so called to order, shall immediately sit down, unless permitted to explain and the House shall, if applied to, decide on the case, but without debate. If the decision be in favour of the member so called to order, he shall be at liberty to proceed; if otherwise, and the case require it, he shall be liable to the censure of the House.

Rule 8. When two or more members happen to rise at


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the same time, the Speaker shall name the person who is first to speak.

Rule 9. No member shall speak more than twice to the same question, without leave of the House.

Rule 10. When the Speaker is putting a question, or addressing the House, none shall walk across the room, nor when a member is speaking, enter into private discourse nor pass between him and the chair.

Rule 11. Upon calls of the House for taking the Yeas and Nays on any question, the names of the members shall be called alphabetically, and each member shall answer from his seat.

Rule 12. When a motion is made and seconded, it shall be stated by the Speaker, or if in writing, shall be read aloud by the clerk; and every motion shall be reduced to writing, if the Speaker or any member request it.

Rule 13. Any member may call for a division of the question when the sense will admit of it.

Rule 14. Each member shall particularly forbear personal reflections, nor shall any member name another in argument or debate.

Rule 15. After a motion is stated by the Speaker, or read by the clerk, it shall be deemed in possession of the House, but may be withdrawn by leave of the House at any time before the decision or amendment.

Rule 16. When a question is under debate, no motion shall be received, but to adjourn, to postpone to a day certain, to lie on the table, for the previous question, to postpone indefinitely, to commit or amend: which several motions shall have precedence in the order they stand arranged.

Rule 17. A motion to adjourn shall be always in order, and shall be decided without debate.

Rule 18. The previous question shall be in this form --- Shall the main question be now put? It shall only be admitted when demanded by a majority of the members present; and until it is decided, shall preclude all amendments, and further debate of the main question. On a previous question there shall be no debate.

Rule 19. When a motion has been once made, and carried in the affirmative or negative, it shall be in order for any member of the majority, to move for the reconsideration thereof, on the same or the succeeding day; provided, the paper be then in the possession of the House.

Rule 20. The House shall resolve itself into a committee of


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the whole when deemed necessary, and when in committee of the whole shall be governed by these rules; except that in committee of the whole any member may speak as often as he may think proper.

Rule 21. The Speaker may appoint committees, unless otherwise directed by the House.

Rule 22. The Speaker shall vote on all questions, and when the Yeas and Nays are desired, the Speaker shall be first called and if the House shall be equally divided, the question shall be lost.

Rule 23. No member shall absent himself from the service of the House unless he have leave, be sick, or unable to attend.

Rule 24. Upon motion for a call of the House, the names of the members shall be called over by the clerk, and the absentees, without leave, noted: one hour after which the names of the absentees shall again be called over, and those for whom no excuse, or an insufficient one is made, may by order of those present, if fifteen in number, be sent for and taken into custody when to be found, and be subject to the censure of the House.

Rule 25. After the journals are read on each day, petitions shall be called for by the chair; next, reports of the standing committees; and lastly, the reports of select committees, except the committee of enrolments, who may report at any time during the session of the House, when not excluded by some privileged motion.

Rule 26. Motions and reports may be committed at the pleasure of the House.

Rule 27. Every bill shall be introduced by motion for leave, or by an order of the House; which bill may, on its second reading, be committed to a standing committee, a select committee, or a committee of the whole House; but commitment to one shall not preclude the commitment to either of the others.

Rule 28. All bills shall be dispatched in order as they were introduced, unless when the House shall otherwise direct.

Rule 29. Upon the second reading of a bill, the clerk shall first read it over for information; the Speaker shall then announce it ready for amendment, and if not committed, the clerk shall again read it over deliberately, pausing at the end of every sentence, to give time for amendments to be offered, and when read through, shall be ready for amendment or engrossment.

Rule 30. After commitment and report thereof to the House, or at any time before its third reading a bill may be recommitted.

Rule 31. When a bill shall pass, it shall be certified by the clerk, noting the date of its passage at the foot thereof.


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Rule 32. In forming a committee of the whole House, the Speaker shall leave his chair, and a chairman to preside in committee shall be appointed by the Speaker.

Rule 33. Upon a bill being committed to a committee of the whole House, the same shall be first read throughout, by the clerk, and then again be read and debated by clauses; leaving the preamble to be last considered. After report, the bill shall again be subject to debate and amendment by clauses, before the question for engrossing it be taken.

Rule 34. Nothing shall be introduced by way of rider which is irrelevant to the matter contained in the main body of the bill before the House.

Rule 35. On all questions for filling blanks the largest sum and the most remote day shall be first put.

Rule 36. The rules of proceeding in the House shall be observed in committee, so far as they may be applicable; except that of limiting the time of speaking, and putting the previous question, which shall not be put in committee.

Rule 37. A majority of any committee shall be sufficient to proceed to business.

Rule 38. Whenever it shall be necessary for a communication to be made from the House of Representatives to the Senate, the Speaker shall appoint one or more members to bear the same.

Rule 39. When the House adjourns, no member shall leave his seat, until the Speaker has gone forth.

Rule 40. No committee shall sit during the sitting of the House without special leave.

Rule 41. Any person may excuse himself from serving on a committee at the time of his appointment, if he is then a member of two other standing committees.

Rule 42. No standing order shall be rescinded without one days notice given of the motion therefor.

Rule 43. Whoever violates any of the foregoing rules shall suffer such censure as a majority of the House may direct. Ordered, that the House concur in said report.

Mr. Duckworth obtained permission to introduce the following bill:

A bill to be entitled an act to regulate proceedings upon the claims of property under execution, which was read a first time; and, Ordered, that the same be read a second time A bill to be entitled an act to regulate proceedings upon the claims of property under on Saturday next. Ordered, that fifty copies of said bill be printed.


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A bill to be entitled an act to authorize Maria Evans to emancipate a certain negro man slave named Richard Evans, was read a third time.

Mr. Morton offered the following amendment by way of rider:

Be it further enacted, by the authority aforesaid, That Lewis Tilman of the county of Limestone, be, and he is hereby, authorized and empowered to emancipate his slave Jack, so soon as the said Lewis Tilman shall have executed to the Judge of the county court of Limestone, and his successors in office, a bond with sufficient security to be approved by said Judge, conditioned, that no creditor shall sustain any loss by reason of said emancipation, that the said slave Jack shall never become chargeable to the State of Alabama, or any county or town within the same; which was read three several times and adopted. The bill was then passed. Ordered, that the words "a bill to be entitled" be stricken out. Ordered, that the same be sent to the Senate.

Mr. Craig obtained leave to introduce the following bill:

A bill to be entitled an act to repeal in part and amend an act entitled "an act to repeal in part, and amend an act to regulate the proceedings in the courts of law and equity in this State, passed the 14th day of June last, which was read a first time, and Ordered, to be referred to the judiciary committee.

A bill to be entitled an act to authorize the administrator and administratrix of Thomas Tolbert to sell and convey certain real estate, was read a third time. Mr. Craig offered the following amendment by way of rider:

And be it further enacted, that the administrator and administratrix of Thomas Tolbert aforesaid, shall give at least thirty days notice by publishing the time and place of sale of the above described land in the Florence Gazette or Alabama Republican, and at the court house door in the town of Moulton, and three other public places in said county; which was read three several times and adopted. The bill was then passed. Ordered, that the words "a bill to be entitled" be stricken out. Ordered, that the same be sent to the Senate.

A bill from the Senate, entitled an act to appoint commissioners to ascertain correctly the boundary line between the counties of Jefferson and Blount, was read a second time; and Ordered, that the same be read a third time tomorrow.


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A bill from the Senate to be entitled an act to prevent sheriffs and other officers levying executions in certain cases, was read a first time; and Ordered, that the same be read a second time tomorrow.

A bill to be entitled an act to authorize William Crawford and company of Franklin county, to build a mill and other water works on the Tennessee river, was read a second time; and Ordered, to be referred to a select committee: Whereupon, Messrs. Parham and Clay were appointed said committee.

A bill to be entitled an act to alter and amend the act entitled an act to organize the militia of the State of Alabama, was read a second time; and, Ordered, to be referred to the military committee.

A bill to be entitled an act to amend an act giving jurisdiction to certain counties therein named, was read a second time; and Ordered, that the same be engrossed for its third reading tomorrow.

A bill to be entitled an act authorizing the administrators of the estate of Robert Morrow, deceased, to sell certain real estate therein named, was read a second time; and Ordered, that the same be engrossed, and made the order of the day for its third reading tomorrow.

A bill to be entitled an act to repeal part of an act therein named, was read a second time; and Ordered, that the same be engrosed for its third reading tomorrow.

A bill to be entitled an act to authorize William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates, to erect a toll bridge across the Black warrior river, at the falls of the town of Tuskaloosa, was read a second time. Ordered, that the same be committed to a committee of the whole House, and be made the order of the day for tomorrow. Ordered, that the House adjourn till tomorrow ten o'clock.