Wednesday, November 28.

The House met pursuant to adjournment.

Mr. Morton moved to reconsider the vote on the second reading of the resolutions from the Senate, proposing amendments to the constitution --- which was carried. Ordered, That said resolutions lie on the table.

Mr. Perry from the committee on enrolled bills, Reported, That the committee had examined bills of the following titles, to wit:

An act authorizing the administrators of the estate of Robert Morrow, deceased, to sell certain real estate therein named.

An act to provide for digesting the laws of the State of Alabama; and,

An act for the relief of William Walton. And find the same truly enrolled.

Mr. Fleming from the committee on roads, bridges and ferries, to whom was referred the petition of sundry inhabitants of Butler county, reported a bill to be entitled an act to establish a public road therein named --- which was read a first time, and Ordered to be read a second time tomorrow.

Mr. Leake from the committee to whom was referred the petition of some of the inhabitants of Montgomery county, Reported, That said committee had the same under consideration and report the petition unreasonable, and ought to be rejected. Ordered, That the House concur in said report.

Mr. Williams from the select committee to whom was referred that part of His Excellency's message, relating to the condition of the executive records, reported thereon.

Ordered, That said report lie on the table.

A bill to be entitled an act concerning appeals taken from Justices of the Peace, was read a second time, and Ordered, to be referred to the committee of the whole House, and made the order of the day for tomorrow.


109

Mr. Murrell obtained leave to introduce a bill to be entitled an act to provide for the payment of fine and costs in criminal prosecutions --- which was read a first time, and Ordered, to be read a second time to-morrow.

On motion of Mr. Moore, Resolved,  That the Governor be requested to communicate to this House, all the information which may be in his possession, relative to the situation and interest which this State may have in relation to certain slaves in the District Court of the United States, for the district of Alabama, for an alleged violation of the laws of the United States to prohibit the importation of slaves. On motion of Mr. Moore, Resolved, That a committee be appointed by this House to convey the said resolution to His Excellency the Governor.

Whereupon, Messrs. Moore and Greening were appointed said committee.

Mr. Norwood obtained leave to introduce a bill to be entitled an act for the relief of securities --- which was read a first time, and Ordered to be read a second time tomorrow.

Mr. Armstrong obtained leave to introduce a bill to be entitled an act authorizing a public road therein named --- which was read a first time, and, Ordered to be read a second time tomorrow.

On motion of Mr. Weedon, the House took up the report of the committee of the whole House, on the bill to be entitled an act to authorize the sale of the public lands adjoining the town of Cahawba; and after sundry amendments made therein, the House concurred in the same.

Ordered, That the House concur in the amendments made by the Senate to the bill to be entitled an act to establish additional election precincts in certain counties therein named, and for other purposes.

A bill to be entitled an act supplementary to an act entitled an act for the relief securities --- was read a second time, and Ordered to be referred to the Judiciary committee.

A message from the Governor by Mr. Pleasants, informing this House, that he did on the 27th inst. approve and sign the following acts, to wit:

An act for the relief of Josiah D. Lister, sheriff of Washington county.

An act to fix the temporary seat of justice in the county of Bibb.

An act to authorize Richard Rapier, administrator of

10


110

Claiborne Mays, deceased, to sell a certain lot of land therein mentioned.

An act to authorize the administrators of the late Benjamin C. Benham deceased, of Limestone county, to sell a certain tract of land therein designated & for other purposes.

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 town of Tuskaloosa.

An act to alter and extend the boundaries of Limestone county.

An act authorizing the Intendant and council of the lower part of Tuskaloosa to erect a toll bridge across the Black-warrior river.

An act to incorporate Tuskaloosa Chapter and Alabama Chapter of Royal Arch Masons.

An act to amend an act giving jurisdiction to certain counties therein named, over that part of the Cherokee lands lying with in the limits of the State of Alabama.

An act to repeal part of an act therein named.

An act to authorize the administrator and administratrix of Thomas Talbert to sell and convey certain real estate.

An act to establish a road therein named.

An act to authorize John Rose to cut out and open a road from the town of Cahawba to Pine barren creek, and receive toll for keeping it in repair.

An act permanently to fix the seat of Justice for the counties of Tuskaloosa and Perry. And on this day.

An act to provide for digesting the laws of the state of Alabama; all of which originated in this House.

Mr. Bagby obtained leave to introduce a bill to be entitled an act to repeal in part and amend an act therein named; which was read a first time, and, Ordered, to be read a second time tomorrow.

A bill to be entitled, an act supplementary to an act to establish a state University; was read a second time, and Ordered, to be committed to a committee of the whole House and made the order of the day for tomorrow.

An engrossed bill entitled, an act to emancipate a certain slave therein named, was read a third time and passed Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate.

A bill to be entitled an act supplementary to an act entitled, an act for the collection of monies due the state, and for other purposes, passed December 16, 1820, was read a


111

second time; and, Ordered, to be engrossed for a third reading tomorrow.

The resolutions from the Senate to instruct our Senators in Congress and our Representatives to use their exertions to procure the appropriation of the two per cent. fund for the purpose of making roads to this state in conformity with the act of admission, were read a second time; Ordered, that said resolutions lie on the table.

A bill to be entitled, an act to define the power of the judges of the circuit courts in this state, to fine and imprison on state prosecutions, was read a third time; and on the question being put, shall this bill pass? It was decided in the negative --- ayes 24, nays 26. The yeas and nays being called for, thereon, those who voted in the affirmative, are

Messrs. Anderson, Barclay, Beene, Clay, Dabney, Edmondson, Elmore, Fitzpatrick, Fleming, Hardwicke, Hopkins, Jones, Kennedy, Montgomery, Magoflin, Murrell, Masterson, Miller, Martin, Powell, Perry, Thompson, Weedon, Williams --- 24.

Those who voted in the negative, are

Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Brown, Carr, Crenshaw, Craig, Dale, Davis, Duckworth, Evans, Greening, Graham, Holderness, Leake, Moore, Morton, McHenry, Norwood, Philpott, Smith, Tagert, Vining, Williamson --- 26.

A bill from the Senate to be entitled, an act declaring the Mulberry Fork of Tuskaloosa river navigable from its junction with the Sipsie Fork to Baltimore, was read a first time, and, Ordered to be read a second time tomorrow.

A bill to be entitled, an act to allow compensation to William Dunn for examining the Blackwarrior river above the town of Tuskaloosa, was read a second time, and Ordered to be engrossed for a third reading tomorrow.

A bill to be entitled, an act declaring Murder creek in the county of Conecuh, a navigable stream, and for other purposes, was read a third time.

Mr. Greening moved to strike out the title of the said bill for the purpose of inserting the following: A bill to be entititled, an act to incorporate the Murder creek navigation company; which was carried. The blanks being filled the bill was passed. Ordered, that the title be as aforesaid; Ordered, to be sent to the Senate for their concurrence.

A bill to be entitled, an act supplementary to an act entitled an act to suppress duelling, passed 17th December, 1819.

Mr. Armstrong moved to amend said bill so as to include counsellors and attorneys at law in its provisions, which was carried. The bill was then passed --- Ordered, that its title


112

be as aforesaid --- Ordered to be sent to the Senate for their concurrence.

Ordered, that the Senate be informed, that this House is now ready to receive them to go into the election of a suitable person to digest the laws of this state.

A bill to be entitled an act to alter and amend the militia laws of this state --- was 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 deduct the salary of the several circuit court judges of this state, and of the attorney general for the year, 1822 --- was read a second time.

Mr. Weedon moved that the further consideration of said bill be indefinitely postponed; which was decided in the affirmative --- yeas 31, nays 23. The yeas and nays being called for thereon, those who voted in the affirmative, are

Mr. Speaker, Anderson, Armstrong, Bagby, Barclay, Clay, Crenshaw, Craig, Dabney, Dale, Evans, Elmore, Fitzpatrick, Fleming, Greening, Graham, Holderness, Kennedy, Leake, Montgomery, Magoflin, Moore, Martin, Norwood, Pickett, Parham, Smith, Tagert, Thompson, Weedon, Williamson --- 31.

Those who voted in the negative, are

Messrs. Allen, Ayers, Beene, Brown, Carr, Davis, Duckworth, Edmondson, Hardwicke, Hopkins, Jones, King, Murrell, Masterson, Miller, Morton, McHenry, Powell, Philpott, Perry, Skinner, Vining, Williams --- 23.

A bill to be entitled an act permitting merchants, shopkeepers, tradesmen, physicians and apothecaries to prove their books of accounts --- was read a second time, and Ordered, to be committed to a committee of the whole House, and made the order of the day for Friday next.

A bill to be entitled an act to authorize the executor of Joseph Philips deceased, to sell and transfer certain certificates therein named --- was read a second time, and Ordered to be engrossed for a third reading tomorrow.

A bill from the Senate to be entitled an act to authorize the Governor, to borrow a certain sum of money therein mentioned, and to settle the debt due to the Huntsville Bank --- was read a third time and passed. Ordered, that the same be sent to the Senate.

A bill to be entitled an act for the relief of Eugenio Campbell, tax collector of Lawrence county, for the year 1820 --- was read a second time.

Mr. Anderson offered the following amendment:

And be it further enacted, That the said Eugenio Campbell shall be allowed nine months from the passage of this, for the purpose of completing his collection of taxes for


113

the year 1820, if there should remain any yet due and uncollected --- which was adopted. Ordered, that said bill be engrossed for a third reading tomorrow.

A message from the Senate by Mr. Lyon, their secretary, informing this House, that the Senate had concurred in the Resolution of this House, proposing to go into the election of a digester of the laws of this State, this day at the hour of twelve o'clock.

The Senate having repaired to the hall of the House of Representatives, the two Houses proceeded to the election of a suitable person to digest the laws of this State --- Harry Toulmin, John P. Crowell, and John J. Inge, Esqrs. being in nomination, the votes stood thus: Those who voted for Mr. Toulmin are,

Mr. President, Chambers, Elliott, Gause, Lanier, May, McVay, Rose, Trotter, Wingate (of the Senate.) Mr. Speaker, Anderson, Armstrong, Bagby, Beene, Carr, Crenshaw, Dale, Evans, Elmore, Greening, Graham, Kennedy, King, Leake, Montgomery, Magoflin, Murrell, Miller Norwood, Pickett, Parham, Skinner, Smith, Tagert, Thomppson, Vining, Weedon, --- 38.

Those who voted for Mr. Crowell are,

Messrs. Casey, Conner, Davis, Devereux, Dennis, Lucas, Ware, (of the Senate.) Ayers, Barclay, Brown, Clay, Dabney, Davis, Duckworth, Fitzpatrick, Flemming, Hardwick, Hopkins, Jones, Moore, Morton, McHenry, Williamson --- 23.

Those who voted for Mr. Inge are,

Messrs. Garth, Hanby, Hogg (of the Senate.) Allen, Craig, Edmondson, Holderness, Masterson, Martin, Powell, Philpott, Perry, Williams --- 13.

Mr. Toulmin having a majority of both Houses, the Speaker declared him duly elected. The Senate then returned to their chamber.

Ordered, that the House adjourn till three o'clock this evening.

Evening Session.

The House met pursuant to adjournment.

On motion of Mr. Weedon, the House resolved itself into a committee of the whole House, Mr. Craig in the Chair, on the bill to be entitled an act to provide a speedy remedy against Banks failing to pay specie, and for other purposes; and after sometime spent therein, the committee rose, and Mr. Craig obtained leave to report on tomorrow.

A communication was received from His Excellency the Governor, by Mr. Pleasants, the Secretary of State, as follows:

10*


114

Executive Department, Cahawba, Nov. 28.

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

I herewith return a bill originating in the House of Representatives, entitled "An act divorcing certain persons therein named." The objection which has withheld my approbation to this bill is, that it does not appear by the Journal of the House of Representatives, that it was sanctioned by a majority of two thirds of that body, as is required by the Constitution in cases of divorce.

Where the constitution has so cautiously guarded a legislative act as to require an extraordinary majority to pass it, it is the most safe in precedent, that such majority should appear, and most conformable to congressional usage in such cases.

ISRAEL PICKENS.

Ordered, that the House adjourn till to morrow morning ten o'clock.