Friday, December 13, 1822.

The House met pursuant to adjournment.

Mr. Harris of Wilcox presented the petition of Robert H. Gregg, praying an allowance to him for insolvencies as former tax collector of Wilcox; which was referred to a select committee consisting of Messrs. Harris of Wilcox, Crenshaw and Harris of Baldwin.

Mr. Abercrombie presented the petition of Walter R. Ross, sheriff of Montgomery county, praying an allowance for expences incurred in converying George W. Harvey, charged with negro stealing, from Mobile to Montgomery; which was referred to the committee on accounts.

A message was received from the Governor by Mr. Pleasants, secretary of state, notifying this house, that he did on the 10th inst. approve and sign, "an act to incorporate the Huntsville Fire Engine Company;"

"An act divorcing Robert Bransford from his wife Jane Bransford;"

And on the 12th inst. "An act to suppress the evil practice of Fire Hunting;" "An act for the relief of purchasers of lots at the first sales in the town of Cahawba;" -"An act for the relief of Henry Stokes & others;"

"An act to incorporate the town of Ashville, in the county of St. Clair;"

"An act to organize the counties of Covington and Pike;"

"An act to authorize the administrator and administratrix of John Ellis, deceased, to sell and convey certain real estate;"

"An act authorizing the administrators of William Nelson, deceased, to sell certain real estate therein named;"

"An act to amend an act to appoint commissioners to lay out certain roads therein specified, and for other purposes;"

"An act the better to secure debts upon writs of Error;"

"An act to authorize the Governor of this state to remit all, or part of any forfeiture, which has or may accrue to this state;"


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"An act concerning the Judges of the county court;"

"An act to emancipate certain slaves therein named;" and

"An act divorcing Nathan Briley from his wife Elizabeth Briley." All of which originated in this house.

Mr. Williams presented the petition of Elias Davis and others, praying authority to establish a Turnpike road therein named; which was referred to the committee on Roads, Bridges, Ferries &c.

Ordered, that Mr. Hunter of Conecuh, be added to the committee appointed on the part of this House to examine the manuscript of the Digest of the statutes of this state.

Mr. Pope, from the joint committee on enrolled bills, reported that said committee had examined and found correctly enrolled, bills of the following titles, to wit: "An act concerning Intestates' estates;"

"An act to authorize Rosanna Lambkin and Elijah Hogan, to convey to Isaac Jackson a certain tract of land therein mentioned;"

"An act to authorize David Peoples to continue a toll bridge erected over the Escambia creek, in the county of Conecuh;" and

"An act to amend an act incorporating the town of Erie."

Mr. Rather, from the select committee, to whom was referred a bill, entitled "an act to reduce the fees of certain officers therein named," reported the said bill with amendments, in which amendments the house concurred. Ordered, that said bill be recommitted to the same committee.

Mr. Rutherford obtained leave to introduce a bill, to be entitled "an act to set apart a separate fund for the support of the poor in each county," which was read a first time and ordered to be read a 2nd time to morrow.

Ordered, That the House concur in the amendments made by the Senate to the bill, entitled "an act to manumit a negro woman slave Margaret and the children."

The House then took up a bill entitled "an act authorizing pay to the Trustees of the State University;" On motion of Mr. Fearn, ordered that, the further consideration of said bill be indefinitely postponed.

An engrossed bill, entitled "an act to establish a turnpike road leading from Lawrence county to intersect the military road at Pikesville in Marion county, was read a third time; and the question being put, shall this bill pass? it was decided in the affirmative.

Yeas 49            Nays 2.

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

Mr. Speaker

Durrett

Hunter of T.

Montgomery

Taylor

  Abercrombie

Davis

Hubbard

Morton

Terrell

  Adams

Edmondson

Hallett

Martin

Thompson

  Barclay

Fitzpatrick

Hardwicke

McClung

Wallace

  Bailey

Fitz

Mead

Pope

Winston

  Browne

Farrar

Harvey

Rutherford

Weissinger

  Browning

Fearn

Jones

Riviere

Williams

  Clay

Ford

Leake

Rather

Young- 49.

  Coleman

Harris of B.

Mead

Skinner

  Dulaney

Harris of W.

Merriwether

Sanders

Those who voted in the negative, are,

Mr. Jackson

Oliver- 2

Ordered, That the title be changed from that of "a bill" to that of "an act." Ordered That the same be sent to the Senate for their concurrence,

An engrossed bill, entitled "an act to provide for the emancipation of slaves;" was read a third time. Ordered That the further consideration of said bill be postponed till to-morrow.

Mr. Harris, of Wilcox, from the committee to whom was referred a re-


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solution of this House on that subject, reported "a memorial to the Congress of the United States, to procure further relief to the purchasers of public lands in this State;" which was read a first time, and ordered to be read a second time to-morrow.

Ordered, That a bill, to be entitled "an act respecting Bail in civil cases," be referred to the Judiciary committee.

Mr. Thompson 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 to morrow.

Ordered, That a bill, from the Senate, entitled "an act to establish certain election precincts in the counties therein named," be committed to the committee to whom it was heretofore committed.

A Message was received from the Senate by Mr. Moore, informing this House, that the Senate disagree to the amendments made by this House, to the bill entitled "an act to prevent free Negroes and Mulattoes from retailing spiritous liquors and for other purposes."

Engrossed bills of the following titles, to wit: An act concerning recognizances; An act supplementary to an act, "entitled an act, permanently to fix the seat of Justice for the counties of Tuskaloosa and Perry, passed November 27th, 1821;" were severally read a third time and passed. Ordered That the bills be changed from that of a bill to that of "an act." Ordered, That the same be sent to the Senate for their concurrence.

Mr. Terrell moved to reconsider the vote on Mr. Fearn's motion to postpone indefinitely the further consideration of a bill, entitled "an act authorizing pay to the Trustees of the State University;" which was carried. Ordered That said bill lie on the table.

Mr.Morton from the committee on Ways and Means, reported a bill to be entitled an "act to authorize the sale of the public lands, adjoining the town of Cahawba;" which was read a first time, and ordered to be read a second time to-morrow.

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

"An act for the government of the Port and Harbour of Mobile;"

"An act to establish a public road from the house of John Gandie in Morgan county, to Baltimore in Blount county;" and

"An act to alter and amend an act extending the jurisdiction of the county court of Mobile county, passed the 17th day of December 1821:" were severally 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 had read a third time and passed a bill, originating in this House, entitled "an act for the trial of the right of property taken by virtue of an execution, or attachment, and claimed by any person nota party to the suit." Also That they had read a third time and passed, a bill, originating in that House entitled "an act to authorize a change of venue in Chancery causes, in certain cases;" in which they desire the concurrence of this House.

Bills from the Senate of the following titles to wit:

"An Act providing for the election of Sheriff in certain cases, and for other purposes;"

"An Act giving execution for costs in the Supreme court;"

"An Act to refund to James Mixon a certain sum of money improperly


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assessed and collected;" and "An Act to authorize Nicholas Pope to emancipate a certain slave therein named:" were severally read a first time, and ordered for a second reading to-morrow.

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

Evening Session.

A bill, to be entitled "an act to make appropriations for the payment of certain claims against the state," was read a second time and referred to the Committee on Accounts.

Mr. Morton obtained leave to introduce a bill, to be entitled "an act relative to Turnpike roads;" which was read a first time, and ordered to be read a second time to-morrow.

An engrossed bill, entitled "An act granting to John Fowler the right of running a Steam Ferry-boat and a row-boat or sail boat between the city of Mobile and the town of Blakeley," was read a third time and passed.

Ordered, That the title be changed from that of "a bill,” to that of "an act.”

Ordered, that the same be sent to the Senate for their concurrence.

Ordered, That a bill from the Senate entitled "an act to authorize Father's to devise the custody and tuition of their infant children," be laid on the table.

On motion of Mr. Morton, the House took into consideration a bill, to be entitled "an act to extend the time for collecting the tax and making returns to the persons therein named."

Mr. Barclay moved, that the House do now adjourn till to-morrow 10 o'clock: which was decided in the affirmative.

Yeas 29                           Nays 21

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

Mr. Speaker

Coleman

Hubbard

Kennedy

Oliver

     Adair

Durrett

Hunt

Mead

Riviere

     Adams

Farrar

Hallett

Merriwether

Shortridge

     Barclay

Harris of W.

Hardwicke

Montgomery

Sanders

     Bailey

Hunter of T.

Hill

Martin

Terrell- 29.

     Browne

Hunter of C.

Jackson

McClung

Those who voted in the negative, are,

Mr. Abercrombie

Fitzpatrick

Harvey

Skinner

Weissinger- 21.

     Clay

Fitz

Jones

Taylor

     Dulaney

Ford

Leake

Thompson

     Davis

Gayle

Morton

Wallace

     Edmondson

Harris of B.

Rutherford

Winston