Thursday, November 29, 1821.

The House met pursuant to adjournment.

Mr. Evans presented the petition of Robert H. Gregg, tax collector for Wilcox county, in the year 1820, praying to be reimbursed certain money therein named, which was received and referred to the committee on propositions and grievances.

Mr. Moore from the select committee to whom was referred the bill to be entitled an act to compel plaintiffs to give security for costs in all suits hereafter to be brought in this State, Reported a new bill --- which was read a second time, and Ordered to be engrossed for a third reading tomorrow.

The bill to be entitled "an act divorcing certain persons therein named," returned yesterday by His Excellency, with his reasons for not approving and signing it, was again put on its passage, and was decided in the affirmative --- Ayes 45 --- Nays 4. Those who voted in the affirmative are,

Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Bagby, Barclay, Beene, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Davis, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Fleming, Greening, Graham, Holderness, Hopkins, Jones, King, Leake, Montgomery, Magoflin, Masterson, Miller, Moore, Martin, Powell, Philpott, Perry, Parham, Skinner, Smith, Thompson, Vining, Weedon, Williams, Williamson.

Those who voted in the negative are,

Messrs. Murrell, McHenry, Norwood, Pickett.

Mr. Anderson obtained leave to introduce a bill to be entitled an act for the punishment of certain offences therein named --- which was read a first time, and Ordered to be read a second time tomorrow.


115

On motion of Mr. Elmore, the House took up the bill to be entitled an act to establish a public road from the Uchee bridge, in the Creek nation to the United States boundary line of Line creek --- was read a third time.

And the question being put, shall this bill pass? It was decided in the negative --- Yeas 22 --- Nays 28.

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

Messrs. Ayers, Beene, Carr, Crenshaw, Craig, Dabney, Dale, Duckworth, Evans, Elmore, Fitzpatrick, Greening, Graham, Jones, King, Leake, Magoflin, Pickett, Skinner, Vining, Weedon, Williamson.

Those who voted in the negative are,

Mr. Speaker, Anderson, Armstrong, Bagby, Barclay, Brown, Clay, Davis, Edmondson, Fleming, Holderness, Hopkins, Montgomery, Murrell, Masterson, Miller, Moore, Martin, McHenry, Norwood, Powell, Philpott, Perry, Parham, Smith, Tagert, Thompson, Williams.

On motion of Mr. Armstrong, Resolved, That a message be sent to the Senate informing that body, that at the hour of twelve o'clock this day, they will be ready to go into the election for the judges of the County Courts to fill such vacancies as now exist.

Whereupon Messrs. Armstrong and Clay were appointed to carry said message to the Senate.

Mr. Moore obtained leave to introduce a bill to be entitled an act to amend an act entitled an act to incorporate the Indian Creek Navigation Company --- which was read a first time, and Ordered to be read a second time tomorrow.

Mr. Miller obtained leave to introduce a bill to be entitled an act to restrain the issuing of small notes, commonly called change bills --- which was read first time; and Ordered, to be read a second time tomorrow.

Mr. Craig from the committee of the whole House to whom was referred a bill to be entitled "An act to provide a speedy remedy against banks failing to pay specie, and for other purposes," Reported, the said bill as amended The House concurred in said amendments.

The Yeas and Nays being called for on agreeing to the amendment made by the committee in striking out the last section of said bill, which is in these words:

And be it further enacted, That from and after the day of next, if any bank in this State, shall fail or refuse to make payment on demand, of any of its notes, in gold or silver, the charter of said bank shall be, and the same is hereby declared to be forfeited.


116

Those who voted in the affirmative, are

Mr. Speaker, Armstrong, Ayers, Barclay, Beene, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Duckworth, Edmondson, Evans, Fitzpatrick, Greening, Graham, Holderness, Jones, Leake, Montgomery, Martin, Norwood, Pickett, Powell, Philpott, Skinner, Thompson, Williams, Williamson --- 30.

Those who voted in the negative are

Messrs. Allen, Anderson, Bagby, Brown, Davis, Elmore, Fleming, Hopkins, King, Magoflin, Murrell, Masterson, Miller, Moore, McHenry, Perry, Vining, Weedon --- 18.

Mr. Greening offered the following amendment:

And be it further enacted, That this act shall not take effect until the day of next; Provided however, That in case such bank refusing to pay specie as aforesaid shall subscribe its capital stock, and become a branch of the state bank; Provided, such bank should be established; then and in that case this act is declared to be null and void. Ordered, that said bill and amendment lie on the table.

Mr. Perry obtained leave to introduce a bill to be entitled an act to repeal an act passed at Huntsville, on the 20th December, 1820, incorporating the lower part of Tuskaloosa; which was read a first time; and on the question being put, shall this bill be read a second time to morrow? It was decided in the negative.

Mr. Morton obtained leave to introduce a bill to be entitled, an act to apportion the representatives among the several counties of this state, and to divide the same into senatorial districts according to the late census; which was read a first and second time, and ordered to be committed to a committee of the whole House and be made the order of the day for Monday next.

Ordered, that fifty four copies be printed.

Ordered, that seventy five copies of the census be printed for the use of this House.

A bill to be entitled, an act to provide for assessing and collecting the revenue of this state, was read a second time: Mr. Thompson offered two additional sections by way of amendment; which were adopted: Ordered, that said bill be committed to a committee of the whole House & be made the order of the day for tomorrow.

A bill to be entitled an act concerning jurors and for other purposes, was read a second time; and, referred to the judiciary committee.

On motion of Mr. Graham, the House resolved itself into a committee of the whole House, Mr. Williams in the chair, on the bill to be entitled an act to establish certain coun-


117

ties therein named, and for other purposes; and after sometime spent therein, the committee rose, and Mr. Williams reported the said bill as amended; in which the House concurred. Ordered, that the said bill be engrossed for a third reading tomorrow.

A message was received from the Senate by Mr. Lyon their secretary, informing this House that they had amended the resolution of this House proposing to go into the election of judges of the county court to fill such vacancies as now exist; in which they desire the concurrence of this House. Ordered, that the House concur in said amendment. And also, informing this House, that they had read a third time and passed the following bills, originating in this House, to wit:

An act to establish the seat of justice in the county of Shelby; and,

An act for the relief of John McShan of Jefferson county; which last bill they have amended, and in which they desire the concurrence of this House.

Ordered, that the House concur in said amendments. And also, that they had read a third time and passed the following bills and resolutions, to wit:

An act authorizing Leonard Abercrombie to emancipate certain slaves therein named.

An act relating to justices of the peace.

Resolutions to request our Senators and Representative in Congress to use their exertions to procure an appropriation for treating with the Creek and other nations of Indians relative to the cession of certain parts of their territory.

A message was received from His Excellency by Mr. Pleasants, secretary of state, informing this House they did on the 28th instant approve and sign.

An act for the relief of William Walton.

An act authorizing the administrators of the estate of Robert Morrow, deceased, to sell certain real estate therein mentioned: --- And on this day,

An act divorcing certain persons therein named.

The following communication was also received from His Excellency:

Executive Department, Nov. 29, 1821.

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

The resignation of Samuel Chapman, Esq. judge of the county court of Madison county, has been this day received.


118

Also, I have received the resignation of John S. Fulton, Esq. judge of the county court of Franklin county.

ISRAEL PICKENS.

Ordered, that the House adjourn till 3 o'clock.

Evening Session.

The House met pursuant to adjournment.

Mr. Graham obtained leave to introduce a bill to be entitled an act to establish an additional election precinct therein named --- which was read a first time, and Ordered to be read a second time tomorrow.

Mr. Beene obtained leave to introduce a bill to be entitled an act preventing the removal of distempered cattle --- which was read a first time, and Ordered to be read a second time tomorrow.

The Resolutions from the Senate to request our Senators and Representative in Congress, to use their exertions to procure an appropriation for treating with the Creek and other nations of Indians, relative to the cession of certain parts of their territory --- were read a first time, and Ordered, to be read a second time tomorrow.

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

An act relating to Justices of the Peace.

An act to authorize Leonard Abercrombie to emancipate certain slaves therein named --- were severally read a first time and Ordered to be read a second time tomorrow.

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 second time, and Ordered to be read a third time tomorrow.

Engrossed bills of the following titles, to wit:

An act supplementary to an act entitled an act for the selection of monies due the State, and for other purposes, passed Dec. 16th, 1820.

An act to allow compensation to William Dunn for examinig the Black warrior river, above the town of Tuskaloosa. and,

An act to authorize the executor of Joseph Philips deceased to sell and transfer certain certificates of land therein named --- were severally read a third time and passed. Ordered, that the titles be as aforesaid. Ordered, that the said bills be sent to the Senate.

On motion of Mr. Morton, the House took into consideration the Resolutions from the Senate proposing amendments to the Constitution --- which were read a second time.


119

On motion of Mr. Hardwicke, Ordered, that the further consideration of said resolutions be indefinitely postponed. An engrossed bill to be entitled "An act for the relief of Eugenio Campbell tax collector of Lawrence county, for the year 1820, and,

An engrossed bill to be entitled an act to authorize the sale of the public lands adjoining the town of Cahawba --- were severally read a third time and passed. Ordered, that the titles be as aforesaid. Ordered, that said bills be sent to the Senate.

Mr. Graham obtained leave to introduce a bill to be entitled an act to establish an academy at Sparta, and for other purposes --- which was read a first time, and Ordered that the same be read a second time tomorrow.

Bills of the following titles, to wit:

An act to repeal in part and amend an act therein named. And an act to establish a public road therein named --- were severally read a second time and Ordered to be engrossed for a third reading tomorrow.

A bill to be entitled an act to provide for the payment of fines and costs in criminal prosecutions, was taken up. Mr. Williamson moved, that the further consideration of said bill be indefinitely postponed --- which was decided in the affirmative. Yeas 42, nays 8. Those who voted in the affirmative are,

Mr. Speaker, Allen, Anderson, Armstrong, Bagby, Barclay, Beene, Brown, Clay, Craig, Dabney, Dale, Davis, Duckworth, Elmore, Fitzpatrick, Fleming, Graham, Hardwicke, Holderness, Hopkins, Jones, Kennedy, Leake, Montgomery, Magoflin, Masterson, Moore, Martin, McHenry, Pickett, Powell, Philpott, Perry, Parham, Skinner, Tagert, Thompson, Vining, Weedon, Williams, Williamson --- 42.

Those who voted in the negative are

Messrs. Ayers, Edmondson, King, Murrell, Miller, Morton, Norwood, Smith --- 8.

Ordered, That the House adjourn till tomorrow morning 10 o'clock.