Mr. Hubbard presented the petition of sundry inhabitants of Lawrence county, praying that pedlars who perchase their goods within the State may not pay more tax than merchants do; which was referred to the committee on Ways and Means.
Mr. Harris of Baldwin, presented the petition of Edward Freeman, late tax collector of Baldwin county, praying that an allowance may be made to him for insolvencies; which was referred to a select committee, consisting of Messrs Hallett, Hunter of C. and Thompson.
Mr. Kennedy presented the following petitions: of William Spinks, administrator of Reuben Pearce, deceased, praying authority to sell certain land therein named; and of Elizabeth Pace, containing the same prayer: which were severally referred to a select committee, consisting of Mess. Kennedy, Riviere and Thompson.
The Speaker laid before the house the petition of sundry inhabitants of Monroe county, praying such an alteration in the law in relation to leasing the 16th sections, so as to give the appointment of the agents to the Judges of the county courts: and to increase the number of said agents from three to five: which was referred to the committee on Schools, Colleges and Universities, and School and University Lands.
The Speaker also, laid before the House the annual report of the Adjutant General.
Mr. Leake, from the select committee, to whom was referred the petition of John R. B. Eldridge, reported "a bill to be entitled 'an act authorizing John R. B. Eldridge to sell certain slaves therein designated; which was read a first time, and ordered to be read a second time to-morrow.
Mr. Rather from the select committee, to whom was referred a bill, to be entitled "an act to reduce the fees of certain officers therein named," reported the said bill with amendments; in which amendments the House concurred. The said bill was then read a third time.
Mr. Abercrombie moved, that the further consideration of said bill, be indefinitely postponed; which was decided in the negative.
The yeas & nays being called for, those who voted in the affirmative, are,
|
Mr. Adair |
Fitz |
Kennedy |
Sanders |
Wallace- 13 |
|
Abercrombie |
Harris of B. |
McClung |
Taylor |
|
|
Davis |
Harvey |
Pope |
Thompson |
Those who voted in the negative, are,
|
Mr. Speaker |
Edmondson |
Hubbard |
Mead |
Winston |
|
Adams |
Fitzpatrick |
Hunt |
Merriwether |
Weissinger |
|
Bailey |
Farrar |
Hallett |
Martin |
Williams |
|
Browne |
Fearn |
Hardwicke |
Rutherford |
Young- 36. |
|
Browning |
Ford |
Hill |
Riviere |
|
|
Crenshaw |
Gayle |
Jones |
Rather |
|
|
Coleman |
Harris of W. |
Jackson |
Skinner |
|
|
Durrett |
Hunter of C. |
Leake |
Terrell |
The bill was then 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.
Mr. Hallett from the select committee, to whom was referred the petition of the Fire Engine Company of Mobile, reported, a bill to be entitled "an act to exempt certain persons therein mentioned from serving as jurors, and in the militia of this state, which was read a first time and ordered to be read a second time to-morrow.
A message was received from the Senate by Mr. Moore, informing this house, that the Senate concur in the amendments made by this House to the following bills, to wit: A bill entitled " an act to establish a public road from the house of John Gandie in Morgan county, to Baltimore, in Blount county ; "A bill entitled "an act to alter and amend an act, extending the jurisdiction of the county court of Mobile county, passed 17th day of December, 1821;" and "An act for the Government of the port and harbor of Mobile."
Also, that they had read a third time and passed a bill, originating in this house, entitled "an act to repeal in part, the statute of limitations in criminal cases;" which they have amended by adding a section thereto: and in which they desire the concurrence of this house.
Also, that they had read a third time and passed bills originating in that house of the following titles, to wit: "An act to prescribe the mode of certifying executions from Justices of the Peace from one county to another;" - "An act in relation to mortgaged property;"
"An act to authorize the administrators of John Lucas and the administrators of John Waugh, deceased, to sell real estate;"
"An act to alter the mode of drawing Grand and Petit Jurors;" and
"An act to provide for the printing of the Laws and Journals and for other purposes;" in all of which they desire the concurrence of this house.
On motion of Mr. Gayle, Ordered that the committee of the whole be discharged from the further consideration of the bill to be entitled "An act to raise a Revenue for the support of Government for the year 1823."
The house then proceeded to the consideration of said bill which was read a second time. Mr. Winston moved to amend said bill by striking out all of the first section after the enacting clause, for the purpose of inserting these words:
"Sec.1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Revenue bill for the year 1822, shall be the Revenue bill of this state, until altered.
Mr.Adair moved to amend said amendment by adding at the end thereof, the following words, to wit: "with the following exceptions;" which was carried. The question was then taken on Mr. Winston's amendment as amended, and lost. Yeas 17- Nays 35.
The yeas & nays being called for, those who voted in the affirmative, are,
|
Mr. Adair |
Fitz |
Harvey |
Norwood |
Young- 17 |
|
Crenshaw |
Fearn |
Jackson |
Riviere |
|
|
Davis |
Harris of W. |
Leake |
Sanders |
|
|
Fitzpatrick |
Hallett |
Montgomery |
Taylor |
Those who voted in the negative, are,
|
Mr. Speaker |
Durrett |
Hubbard |
Merriwether |
Rather |
|
Abercrombie |
Edmondson |
Hunt |
Morton |
Skinner |
|
Adams |
Farrar |
Hardwicke |
Martin |
Thompson |
|
Browne |
Ford |
Hill |
McClung |
Wallace |
|
Browning |
Gayle |
Jones |
Oliver |
Winston |
|
Clay |
Harris of B. |
Kennedy |
Pope |
Williams |
|
Coleman |
Hunter of C. |
Mead |
Rutherford |
Weissinger- 35 |
Mr. Winston moved to reconsider the vote on Mr. Adair's amendment to said amendment which was carried.
Mr. Adair then obtained leave to withdraw said amendment to the amendment. The question was then taken on reconsidering the vote on Mr. Winston's amendment- and carried.
Various amendments were then offered successively to said amendment and lost. The question was again taken on the adoption of Mr.
Winston's amendment; which was decided in the negative.
The yeas & nays being called for, those who voted in the affirmative, are,
|
Mr Browning |
Hill |
Martin |
Rather |
Wallace |
|
Fitzpatrick |
Harvey |
Norwood |
Skinner |
Winston |
|
Gayle |
Kennedy |
Oliver |
Sanders |
Williams -23 |
|
Harris of B. |
Leake |
Pope |
Taylor |
|
|
Hunter of C. |
Merriwether |
Riviere |
Thompson |
Those who voted in the negative, are,
|
Mr. Speaker |
Clay |
Farrar |
Hardwicke |
Shortridge |
|
Adair |
Coleman |
Fearn |
Jones |
Terrell |
|
Abercrombie |
Dulaney |
Ford |
Jackson |
Weissinger |
|
Adams |
Durrett |
Harris of W. |
Montgomery |
Young- 32 |
|
Barclay |
Davis |
Hunter of T. |
Morton |
|
|
Browne |
Edmondson |
Hubbard |
McClung |
|
|
Crenshaw |
Fitz |
Hallett |
Rutherford |
Mr. Clay moved to amend said bill by striking from the third section thereof the words "for every Billiard table kept for play;" which was carried.
The yeas & nays being called for, those who voted in the affirmative, are,
|
Mr. Speaker |
Clay |
Farrar |
Jones |
Oliver |
|
Adair |
Dulaney |
Fearn |
Jackson |
Rather |
|
Abercrombie |
Durrett |
Hunter of T. |
Kennedy |
Skinner |
|
Adams |
Edmondson |
Hubbard |
Morton |
Thompson |
|
Barclay |
Fitz |
Hardwicke |
Martin |
Young- 29 |
|
Browne |
Fitzpatrick |
Hill |
McClung |
Those who voted in the negative, are,
|
Mr. Browning |
Gayle |
Hallett |
Montgomery |
Taylor |
|
Crenshaw |
Harris of B. |
Harvey |
Pope |
Terrell |
|
Coleman |
Harris of W. |
Leake |
Rutherford |
Winston |
|
Davis |
Hunter of C. |
Mead |
Riviere |
Weissinger |
|
Ford |
Hunt |
Merriwether |
Sanders |
Williams-25 |
Mr. Jackson moved to reconsider the vote on striking out all of the first section after the enacting clause for the purpose of inserting Mr. Winston's amendment: which was carried.
Mr. Fearn then moved to strike out all of the first section, after the enacting clause; which was lost.
Mr. Davis moved to amend said bill by inserting after the word "class" in the first section, the following:
"The first quality of which shall be rated at _____; the second quality at _____; the third quality at _____; the fourth quality at _____; the fifth quality at _____; the sixth quality at _____; the seventh quality at _____; and the eighth quality at ______;- which was carried.
The yeas & nays being called for, those who voted in the affirmative, are,
|
Mr. Speaker |
Dulaney |
Gayle |
Harvey |
Riviere |
|
Adair |
Durrett |
Harris of Wil. |
Jones |
Skinner |
|
Adams |
Davis |
Hunter of C. |
Mead |
Shortridge |
|
Bailey |
Edmondson |
Hubbard |
Merriwether |
Taylor |
|
Crenshaw |
Fitz |
Hallett |
Martin |
Williams- 33 |
|
Clay |
Farrar |
Hardwicke |
Pope |
|
|
Coleman |
Ford |
Hill |
Rutherford |
Those who voted in the negative are,
|
Mr. Abercrombie |
Fearn |
Leake |
Oliver |
Winston |
|
Barclay |
Harris of B. |
Montgomery |
Rather |
Weissinger |
|
Browne |
Hunter of T. |
Morton |
Sanders |
Young-23 |
|
Browning |
Jackson |
McClung |
Terrell |
|
|
Fitzpatrick |
Kennedy |
Norwood |
Thompson |
Then the house adjourned till 3 o'clock this evening.
The House resumed the consideration of the bill to be entitled "An
act to raise a revenue for the support of government for the year 1823. Mr. Clay moved to strike out the 13th section of said bill, which is in these words: "Sec. 13. And be it further enacted, That if any person or persons, shall by him or themselves, or by his, her or their agent keep a
Billiard table for play without first obtaining a license from the county court in which said Billiard table may be kept, he, she, or they shall forfeit and pay the sum of _____; to be recovered in any court having jurisdiction thereof; one half to the person suing for the same, the other half to the state; which motion was lost.
The yeas and nays being called for, those who voted in the affirmative, are,
|
Mr. Speaker |
Durrett |
Hubbard |
McClung |
Thompson |
|
Abercrombie |
Edmondson |
Hill |
Pope |
Williams |
|
Browne |
Fitz |
Jones |
Rather |
Young- 23 |
|
Clay |
Fearn |
Jackson |
Skinner |
|
|
Dulaney |
Hunter of T. |
Martin |
Terrell |
Those who voted in the negative, are,
|
Mr. Adair |
Coleman |
Hunter of Con. Montgomery |
Wallace |
|
|
Adams |
Davis |
Hallett |
Oliver |
Winston |
|
Bailey |
Fitzpatrick |
Harvey |
Rutherford |
Weissinger- 27 |
|
Barclay |
Farrar |
Leake |
Riviere |
|
|
Browning |
Ford |
Mead |
Sanders |
|
|
Crenshaw |
Harris of B. |
Merriwether |
Taylor |
Mr. Adams moved to reconsider the vote on Mr. Clay's motion to strike out of the second section of said bill, the words "for every Billiard table kept for play; which was carried.
The question was then taken on striking out said words and decided in the negative.
Mr. Clay then moved to reconsider the vote on striking out said words; which was lost.
The yeas and nays being called for, those who voted in the affirmative, are,
|
Mr. Speaker |
Clay |
Farrar |
Hardwicke |
Skinner |
|
Adair |
Dulaney |
Fearn |
Hill Morton |
Terrell |
|
Bailey |
Durrett |
Hunter of T. |
Martin |
Thompson |
|
Browne |
Edmondson |
Hubbard |
McClung |
Young- 21 |
Those who voted in the negative, are,
|
Mr. Abercrombie |
Fitzpatrick |
Hallett |
Merriwether |
Shortridge |
|
Adams |
Fitz |
Harvey |
Montgomery |
Sanders |
|
Barclay |
Ford |
Jones |
Oliver |
Taylor |
|
Browning |
Gayle |
Jackson |
Pope |
Wallace |
|
Crenshaw |
Harris of B. |
Kennedy |
Rutherford |
Winston |
|
Coleman |
Harris of W. |
Leake |
Riviere |
Weissinger |
|
Davis |
Hunter of C. |
Mead |
Rather |
Williams- 35 |
Mr. Adair moved to strike out of the third section the words, "for every horse kept exclusively for the saddle or pleasure carriage and; which was lost.
Mr. Jackson moved to amend same bill by striking ut of the third section after the word "on the words "sale of and inserting after the word "cards the words "sold, given away or otherwise disposed of; which was carried.
Mr. Rutherford moved to amend the 2nd section by striking out the words "over twenty-five head, work oxen excepted; which was lost.
Mr. Morton moved to reconsider the vote given on striking out the words "for every horse kept exclusively for the saddle or pleasure carriage; which was lost.
The yeas & nays being called for, those who voted in the affirmative, are,
|
Mr. Speaker |
Edmondson |
Merriwether |
McClung |
Thompson |
|
Adair |
Hunter of T. |
Montgomery |
Oliver |
Weissinger- 18 |
|
Barclay |
Hunter of C. |
Morton |
Rather |
|
|
Dulaney |
Leake |
Martin |
Shortridge |
Those who voted in the negative are,
|
Mr. Abercrombie |
Durrett |
Harris of B. |
Jackson |
Taylor |
|
Adams |
Davis |
Harris of W. |
Kennedy |
Terrill |
|
Bailey |
Fitzpatrick |
Hubbard |
Mead |
Wallace |
|
Browne |
Fitz |
Hallett |
Pope |
Winston |
|
Browning |
Farrar |
Hardwicke |
Rutherford |
Williams |
|
Crenshaw |
Fearn |
Hill |
Riviere |
Young- 38 |
|
Clay |
Ford |
Harvey |
Skinner |
|
|
Coleman |
Gayle |
Jones |
Sanders |
Mr. Pope moved to strike out the 3d section, the words "for all free white males above the age of twenty one years, and not exceeding forty-five; which was lost. Yeas 20- Nays 34.
The yeas & nays being called for, those who voted in the affirmative, are,
|
Mr. Speaker |
Crenshaw |
Farrar |
Hallett |
Oliver, |
|
Adams |
Coleman |
Gayle |
Hardwicke |
Pope, |
|
Browne |
Dulaney |
Harris of W. |
Jones |
Rather |
|
Bailey |
Durrett |
Hubbard, |
Mead, |
Young- 20 |
Those who voted in the negative, are,
|
Mr. Adair |
Fearn |
Jackson |
McClung |
Terrell |
|
Barclay |
Ford |
Kennedy |
Rutherford |
Thompson |
|
Browning |
Harris of B. |
Leake, |
Riviere |
Wallace |
|
Clay, |
Hunter of T. |
Merriwether, |
Skinner |
Winston |
|
Davis, |
Hunter, of C. |
Montgomery |
Shortridge |
Weissinger |
|
Edmondson |
Hill |
Morton |
Sanders |
Williams- 34 |
|
Fitz, |
Harvey |
Martin |
Taylor |
Ordered, that said bill be engrossed & be read a third time to-morrow.
Mr. Clay presented the petition of William Breedlove and others heirs of Charles Breedlove, deceased, late of Lawrence county, praying authority to sell a tract of land therein named; which was referred to a select committee, consisting of Messrs. Clay and Morton.
On motion of Mr. Fitz. Resolved, that a committee be appointed to inquire into the expediency of dividing this state into five districts for the purpose of choosing Electors of President and Vice-President; with leave to report by bill or otherwise: Whereupon Messrs. Fitz, Terrell, and Adair were appointed said committee.
Mr. Jackson from the select committee, to whom was referred a bill, to be entitled "An act to authorize administrators to sell land belonging to the estate of their intestate to which a complete title has not been obtained;" reported said bill with amendments: in which the House concurred:
Ordered, That said bill be engrossed for a third reading to-morrow.
And then the House adjourned till Tuesday morning 10 o'clock.