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Monday, Dec. 2.

Mr. Hallett presented the petition of Lewis Marie, praying that a law may pass emancipating a certain slave therein named; which was read and referred to a select committee, consisting of Messrs. Hallett Gayle and Morton.

Mr. Hallett, presented the petition of Mannette Nicolas, containing the same prayer, which was read and referred to the same committee.

Mr. Crenshaw presented the petition of sundry persons of the town of Selma, praying to be exempted from working on public roads out of the limit of said town; which was read and referred to the committee on Roads, Bridges, Ferries &c.

Mr. Hallett, presented the petition of John Fowler, praying an exclusive right to ply a Steam Ferryboat between Mobile and Blakeley; which was read and referred to the same committee.

Mr. Morton obtained leave to introduce a bill, to be entitled "an act authorizing pay to the trustees of the State University;” which was read a first time, and ordered to lie on the table.

Bills of the following titles, to wit:

"An act for the relief of purchasers of town lots in Cahawba;”

"An act to authorize Brice M. Garner to build a certain toll bridge therein named;”

"An act to establish a Public Road from Ditto's landing to Marston Mead's in Blount county;”

"An act divorcing Nathan Briley from his wife Elizabeth Briley;” an

"An act for the relief of John P. Hickman;” which were severally read a second time, and ordered to be engrossed and read a third time to morrow.

Mr. Martin moved, to reconsider the vote given on the passage of a bill, to be entitled "an act for the relief of person engaged in farming;" which was carried.

Ordered, That the said bill lie on the table.

Mr. Hunter of Conecuh, obtained leave to introduce a bill, to be entitled "an act to alter the mode of appeals from Magistrate's courts;" which was read a first time, and ordered to be read a second time tomorrow.

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 permanently to fix the seat of justice for the county of Blount;”

Also, That they had read a third time and passed bills originating in their house, of the following titles, to wit:

"An act to prevent immoral and disorderly conduct at places of Religious worship;"

"A resolution extending time to John Byler and his associates to open and finish a road therein named;” and

"An act to alter the mode of voting in General Elections by the people.” In all of which they desire your concurrence.

A bill, to be entitled "an act to repeal an act entitled an act expressing the gratitude of the State of Alabama for the services rendered by Samuel Dale to this State,” was read a second time, and

On motion of Mr. Crenshaw, Ordered, That said bill be referred to a committee of the whole House, and be made the order of the day for to-morrow.


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Bills from the senate of the following titles, to wit: "An act to repeal in part and amend an act, entitled an act supplementary to an act, entitled an act to incorporate the City of Mobile, passed17th December 1819;” and

"An act authorizing Augustus Baudry to emancipate a certain slave therein named;” were severally read a third time and passed.

Ordered, that the senate be acquainted therewith.

A bill from the senate, entitled "an act to authorize the administrator and administratrix of Davis H. Mayhew, deceased, to sell real estate.” was read a second time and ordered to be read a third time to-morrow.

An engrossed bill to be entitled "an act to prevent the evil practice of Fire-hunting.” was read a third time and ordered to lie on the table.

Engrossed bills of the following titles, to wit:

"An act authorizing the legal representatives of Robert H. Draughon to dispose of certain real estate therein named;” and

"An act to authorize the administrator of John Turrentine, and the administrators of William Lambkin, deceased, to sell certain lands therein designated,” were severally read a third time, and ordered to lie on the table.

An engrossed bill, entitled "an act to authorize David Peobles to continue a toll bridge erected on the Escambia Creek in the county of Conecuh;” 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.

A communication was received from the Governor, by Mr. Pleasants, Secretary of State; which was read and is as follows:

Executive Department, December 2d, 1822.

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

I have this day received the resignation of the Hon. John W Walker a senator from this State in the Congress of the United States and I have to add with much concern and regret that extreme ill health has been the cause of denying to the State, a longer continuance of his services in that important station.

I take this early occasion to communicate this information, to allow you that full time for deliberation in the selection of a successor which is required by the importance of the grade of service, and by its length of continuance. The period of vacancy left by this resignation will expire on the third of March, 1825.

ISRAEL PICKENS.

Which said resignation of the Hon. John W. Walker is in the following words:

Huntsville, 21st November, 1822.

SIR- The state of my health has been so precarious and so much worse than usual during the past summer, as to render it for some time doubtful whether I should be able to attend at the approaching session of Congress.

As a citizen recognizing the paramount claim of the state upon his services I felt it my duty to remain in the station to which it had called me, so long as I enjoyed sufficient strength to discharge its functions. Some improvement for the last two months flattered me with the hope that I might yet complete my term: but the time for decision has arrived, and I still feel myself too feeble to attempt it. A journey to Washington, would not even now, in the opinion of my friends be prudent, if it were practicable


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nor a winter residence there, safe. Though improving, I improve but slowly; and though I may eventually be so fortunate as to regain my wonted strength the period is uncertain, and may be distant. Meantime the state ought not to suffer, nor lose a portion of its representation on account of my infirmities. I must therefore beg leave to retire from its service; requesting your Excellency to consider and accept this as a resignation of my seat in the Senate of the United States. In doing so, I shall ever cherish a deep sense of gratitude for the unmeritted distinctions which have been conferred upon me; and I cannot forbear the expression of an ardent wish, that in the choice of a successor, the General Assembly may fix on an individual, who, to equal zeal and devotion for the interests of Alabama, may unite happier talents and more vigorous health. This communication would have been made by the last mail but for a mistake in the day of its departure.

I have the honor to be with great respect and consideration, your most obedient servant.   J. W. WALKER.

His Excellency, ISRAEL PICKENS.

A bill to be entitled "An act to vest in S. B. Shields his heirs and assigns the exclusive right to a Ferry on the Tombeckbe river, in the county of Clarke, at, or near the town of Jackson, in said county, was taken up and referred to a select committee, consisting of Messrs. Shortridge Norwood, and Fitz.

On motion of Mr. Harris, of W. the House adopted the following resolution:

Whereas, there are a great portion of the citizens of this state, who paid the whole amount due upon their lands, purchased at the first land sales, prior to the act of Congress which extended the time to delinquents to pay into the treasury of the United States, or to the Receiver of public money in this state, allowing them a deduction of thirty-seven and one-half per cent. if paid in conformity with the said act of Congress:

Resolved, That a select committee be appointed to draft a memorial to the Congress of the United States shewing the hardship of not extending to and placing all those persons who paid their money into the hands of the Receiver of public moneys prior to the existence of the act of Congrers aforesaid, on as good a footing as those who were allowed the deduction of thirty-seven and one-half per cent on paying the amount due to the United States within two years thereafter. Whereupon, Messrs.

Harris of W. Adair and Oliver were appointed said committee.

Mr. Hunter, of Conecuh, obtained leave to introduce a bill, to be entitled "An act allowing compensation to the members of the court martial assembled at Claiborne on the second Monday in November, for the purpose of deciding the contested election of Major General of the fourth division of Alabama militia;” which was read a first time and ordered to be read a second time to morrow. Engrossed bills of the following titles, to wit: "An act to incorporate the Huntsville Fire Engine company;” and

"An act to manumit certain slaves therein named,” were severally read a third time and passed.

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

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

Bills and a resolution from the Senate, of the following titles, to wit:

"An act to prevent immoral and disorderly conduct at places of religious worship;”


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"An act to alter the mode of voting in general elections by the people;” and

"A resolution extending time to John Byler and his associates to open and finish a road therein named;” were severally read a first time and ordered for a second reading to-morrow.

On motion of Mr. Martin, Resolved, that the Judiciary committee be instructed to inquire into the expediency of altering a law relating to vagrants with leave to report by bill or otherwise.

And then the house adjourned till 3 o'clock.

Evening Session.

The Speaker laid before the house a communication from Harry Toulmin, Esquire, in relation to the Digest of the laws.

Mr. Harris of W. presented the petition of sundry citizens of Dallas county, praying that a part of said county may be added to Wilcox county; which was read and referred to the committee on County Boundaries.

Mr. Williams offered the following resolution: Resolved, that the Digest now laid before the General Assembly be referred to the committee appointed on the part of the Governor's message as relates to digesting the laws: whose duty it shall be to report their opinion thereon, together with such resolutions or bills for the purpose of having said Digest, if approved printed. Ordered that said resolution lie on the table.

Mr. McClung obtained leave to introduce a bill, to be entitled "an act regulating appeals in criminal cases;"

Mr. Martin obtained leave to introduce a bill, to be entitled "an act concerning the Judges of the county courts;’

Mr.Oliver obtained leave to introduce a bill, to be entitled "an act to amend an act, entitled "an act to lay out certain roads therein specified, and for other purposes;” which were severally read a first time and ordered to be read a second time, the first on Wednesday next, and the two latter, on to morrow.

On motion of Mr. Bailey, Resolved, that a committee consisting of five members be appointed to take into consideration the propriety of adopting some legal measures to suppress the immoral and evil practice of electioneering: whereupon, Messrs. Bailey, Morton, Skinner, Weissinger, and Clay were appointed said committee.

Mr. Oliver obtained leave to introduce a bill to be entitled "an act to alter the time of holding the general annual elections in this state;” which was read a first time and ordered for a second reading on Wednesday next.

A bill to be entitled "an act to suppress the evil practice of Fire hunting,” was taken up, and read a third time. Mr. Abercrombie moved that the further consideration of said bill be postponed till the first Monday in June next; which was decided in the negative - Yeas 14, Nays 40.

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

Mr. Abercrombie

Davis

Farrar

Kennedy

Taylor

       Browning

Fitzpatrick

Hunt

Oliver

Thompson- 14.

       Crenshaw

Fitz

Harvey

Rutherford

Those who voted in the negative, are,

Mr Speaker

Dulaney

Hubbard

Montgomery

Skinner

       Adair

Durrett

Hallett

Morton

Shortridge

       Adams

Edmondson

Hill

Martin

Sanders

       Bailey

Fearn

Jones

McClung

Terrell

       Barclay

Ford

Jackson

Norwood

Wallace

       Browne

Gayle

Leake

Pope

Winston

       Clay

Harris of B.

Mead,

Riviere

Weissinger

       Coleman

Hunter of C

Merriwether

Rather

Williams- 40

 


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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.

On motion, the House adjourned ‘till to-morrow morning 9 o'clock.