Monday, December 16, 1822

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.

Yeas 13                     Nays 36.

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.


89

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.

12


90

Winston's amendment; which was decided in the negative.

Yeas 23              Nays 32

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.

Yeas 29                         Nays 25.

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.

Yeas 33              Nays 23

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.

Evening Session.

The House resumed the consideration of the bill to be entitled "An


91

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.

Yeas 23- Nays 27

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.  

Yeas 21- Nays 35

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.

Yeas 18- Nays 38

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

 


92

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.