Friday, December 20, 1822.

Mr. Edmondson, from the Committee of Propositions and Grievances, to whom was referred the petition of sundry persons, praying remuneration for money wrongfully paid in taking out tavern licence and also, to whom was referred the petition of Lazarus J. Bryars, reported, that said petitions are unreasonable and ought to be rejected; in which report the House concurred.

Mr. Brown, from the committee on County Boundaries, to whom was referred the petition of sundry persons, praying an alteration in the boundary lines of Wilcox, reported, that said petition is unreasonable and ought not to be granted; in which report the House concurred.

Mr. Farrar, from the Military Committee, to whom was referred the petition of the officers of the first Division of Alabama Militia, reported that the object of said petition is embraced in a general bill now in progress in this House; in which report the House concurred.

Mr. Farrar, from the same committee, to whom was referred a bill, to be entitled "an act to repeal the 5th section of "an act to alter and amend the Militia laws of this state, passed he 6th day of December, 1821;" reported, that the provisions of said bill are included in the bill a above mentioned; in which the House concurred.

Mr. Kennedy, from the select committee, to whom was referred the petition of the inhabitants of the town of Jackson in the county of Clare, reported a bill to be entitled "an act to repeal an act, entitled an act incorporating the town of Jackson, in Clarke county;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Crenshaw, from the select committee to whom was referred a bill, to be entitled "an act to afford Pickens county separate representatives and for other purposes," reported said bill without amendment.

Ordered, That said bill be engrossed, and be read a third time tomorrow.

Mr. Halley, from the select committee, to whom was referred the pe-


112

tition of Edmund Freeman, reported a bill, to be entitled; "an act for the relief of Edmund Freeman, late tax collector of Baldwin county;" which was read a first time, and ordered to be read a second time tomorrow.

Mr. Morton, from the Committee on Accounts, to whom was referred the account of Nathan Littlefield, reported, that said account ought not to be allowed; in which the House concurred.

Mr. Clay obtained leave to introduce a bill, to be entitled "an act to provide for assessing and collecting the revenue of this state;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Morton, from the Committee of Accounts, to whom was recommitted a bill, to be entitled "an act to make appropriations for certain claims," reported the said bill with amendments; in which the House concurred.

Mr. Farrar, from the Military Committee, to whom was recommitted a bill, to be entitled "an act to revise, consolidate, and amend the several acts relative to the Militia of this State," reported the same with amendments; in which amendments the House concurred.

Mr. Jackson moved to strike to the word 'four' in the 28th section, where it occurs in these words 'the commanding officers of companies shall hold four company musters annually' for the purpose of inserting the word 'two;' which was lost.

Yeas 22                 Nays 33.

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

Mr. Speaker

Edmondson

Hallett

Montgomery

Rather

Adams

Fitz

Harvey

Morton

Young- 22

Barclay

Ford

Jones

Martin

Clay

Hunter of C.

Jackson

Oliver

Coleman

Hubbard

Mead

Rutherford

Those who voted in the negative, are,

Mr. Adair

Durrett

Harris of  W.

McClung

Terrell

Abercrombie

Davis

Hunter of T.

Pope

Wallace

Bailey

Fitzpatrick

Hardwicke

Riviere

Winston

Browne

Farrar

Hill

Skinner

Weissinger

Browning

Fearn

Kennedy

Shortridge

Williams- 32

Crenshaw

Gayle

Leake

Sanders

Dulauy

Harris of B.

Merriwether

Taylor

Mr. Mead offered the following amendment:

"Be it further enacted, That no compensation shall hereafter be allowed any Militia officer for services in time of Peace;" which was lost.

Yeas 16                    Nays 39.

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

Mr. Adams

Fitz

Hardwicke

Oliver

Bailey

Hunter of C.

Mead

Rutherford

Clay

Hubbard

Martin

Skinner

Davis

Hallett

McClung

Winston- 16

Those who voted in the negative, are,

Mr. Speaker

Dulaney

Harris, of B.

Leake

Sanders

Adair

Durrett

Harris of W.

Merriwether

Taylor

Abercrombie

Edmondson

Hunter of T.

Montgomery

Terrell

Barclay

Fitzpatrick

Hill

Morton

Wallace

Browne

Farrar

Harvey

Pope

Weissinger

Browning

Fearn

Jones

Riviere

Williams

Crenshaw

Ford

Jackson

Rather

Young- 39

Coleman,

Gayle

Kennedy

Shortridge

Mr. Davis offered the following amendment at the end of the 41st section:


113

"Provided, That no military company shall be reduced to a less member of privates than          by raising such volunteer company;" which was adopted.

Ordered, That said bill be engrossed and be read a third time to-morrow.

Mr. Coleman obtained leave to introduce a bill, to be entitled "An act to authorize the Judge and Commissioners of Roads and Revenue to levy for said county;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Farrar obtained leave to introduce a bill, to be entitled "an act to incorporate the Jefferson Academy in the town of Elyton, and for other purposes;" which was read a first time; and the rule being dispensed with it was read a second time forthwith, and ordered to be engrossed for a third reading to-morrow.

The House then took up a bill, to be entitled "an act to amend the several acts in relation to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act.

Mr. Adair moved to amend said bill, by inserting in the second section after the words 'subscribed for' the words 'together with the sum of five dollars on each and every share so subscribed for;' which was adopted.

Mr. Adair offered the following amendment at the end of the second section; 'Which five dollars to be paid on each and every share subscribed for by any person, copartnership, or body corporate or politic, except the state, shall be for the use and benefit of the state as Boxes, and shall be vested in stock of said bank; and the proceeds or dividends of the stock owned by the state shall not be withdrawn, but shall be vested in stock semi-annually until the whole amount of stock reserved to the state shall be fully paid in, or until the charter of said Bank shall expire;' which amendment was adopted.

Mr. Fearn moved to amend the 9th section by adding after the word which in the third line, the words 'each stockholder except the state;' which was adopted.

Mr. Fearn moved to amend the 9th section further, by inserting after the word 'say ' in the 4th line, the words for one share and not more than two shares, one vote for each share; for every--' which was adopted.

Mr. Fearn moved further to amend said section by inserting after the word 'politic' in the 8th line, the words 'except the state'; which was carried.

Mr. Fearn moved further to amend said section by inserting after the word 'President' in the 20th line, the words;'they being unanimous therein;' which was carried.

Mr. Jackson moved to strike out all after the word 'bank' in the 17th lin of the 12th provision, for the purpose of inserting these words 'and its branches shall be payable in specie at the principal bank or branch issuing the same;' which was lost.

Yeas 12- Nays 43.

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

Mr. Durrett

Harvey

Riviere

Terrell

Fitz

Jackson

Skinner

Winston

Gayle

Kennedy

Shortridge

Young- 12

Those who voted in the negative, are,

Mr. Speaker

Barclay

Crenshaw

Davis

Fearn

Abercrombie

Bailey

Coleman

Edmondson

Ford

Adair

Browne

Clay

Fitzpatrick

Harris of B.

Adams

Browning

Dulaney

Farrar

Harris of W.

15


114

Hunter of C.

Hill

Montgomery

Pope

Wallace

Hunter of T.

Jones

Morton

Rutherford

Weissinger

Hubbard

Leake

Martin

Rather

Williams- 13

Hallett

Mead

McClung

Sanders

Hardwicke

Merriwether

Oliver

Taylor

Ordered, That Mr. Norwood have leave of absence during the remainder of the session.

Mr. Hallett moved, at a quarter past one o'clock, P.M.  that this House do adjourn till 3 o'clock, P.M. which was carried.

Yeas 42               Nays 13

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

Mr. Speaker

Dulaney

Hubbard

Martin

Taylor

Adair

Durrett

Hallett

Morton

Terrell

Adams

Edmondson

Hill

McClung

Wallace

Barclay

Farrar

Harvey

Oliver

Winston

Bailey

Fearn

Jackson

Pope

Williams

Browne

Harris of B.

Kennedy

Rutherford

Young- 42

Crenshaw

Harris of W.

Mead

Riviere

Clay

Hunter of T.

Merriwether

Shortridge

Coleman

Hunter of C.

Montgomery

Sanders

Those who voted in the negative, are,

Mr. Abercrombie

Fitzpatrick

Gayle

Leake

Weissinger- 13.

Browning

Fitz

Hardwicke

Rather

Davis

Ford

Jones

Skinner

Evening- 3 o'clock.

The House resumed the consideration of the bill, to be entitled "an act to amend the several acts in relation to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act."

Mr. Young offered the following amendment:

"And be it further enacted, That there shall always be at least as many Directors on the part of the state, as there may be elected by he other stockholders;" which was lost.

Yeas 18- Nays 36.

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

Mr. Bailey

Farrar

Rutherford

Shortridge

Williams

Durrett

Gayle

Riviere

Terrell

Young - 18

Edmondson

Jones

Rather

Thompson

Fitz,

Jackson

Skinner

Winston

Those who voted in the negative, are,

Mr. Speaker

Crenshaw

Harris of W.

Hill   Harvey

McClung

Adair

Clay

Harris, ob B.

Leake

Oliver

Abercrombie

Coleman

Hunter, of Tusk

Mead

Pope

Adams

Dulaney

Hunter, of C.

Merriwether

Sanders

Barclay

Davis

Hubbard

Montgomery

Taylor

Browne

Fearn

Hallett

Morton

Wallace

Browning

Ford

Hardwicke

Martin

Weissinger- 36

The bill was then laid on the table.

On motion of Mr. Davis, Resolved, that a message be sent to the Senate, informing them that this House is now ready to receive them in order to go into the election of a Comptroller of Public Accounts and a State Treasurer, Whereupon, Messrs. Davis, and Harris, of Wilcox, were appointed to convey said message to the Senate.

The Senate having repaired to the Hall of the House of Representatives, the two Houses proceeded to the election of a Comptroller of Public Accounts: Samuel Pickens being in nomination, and a constitutional majority voting for him, the Speaker declared him duly elected Comptroller of Public Accounts.

Those who voted for Mr. Pickens, are,

Mr. President

Casey

Conner

Devereux

McCamy

Bibb

Coats

Crabb

Hopkins

McVay

 


115

Metcalf

Bailey

Fearn

Kennedy

Riviere

Moore

Browne

Ford

Jackson

Rather

Murphy

Browning

Gayle

Leake

Skinner

Powell

Crenshaw

Harris, of B.

Mead,

Shortridge

Shackleford

Clay

Harris, of W.

Merriwether

Sanders

Smith

Coleman

Hunter, of C.

Montgomery

Taylor

Sullivan

Dulaney

Hunter of T.

Morton

Terrill

Wood

Durrett

Hubbard

Martin

Thompson

Mr. Speaker

Davis

Hallett,

McClung

Wallace

Adair

Edmondson

Hardwicke

Norwood

Winston

Abercrombie

Fitzpatrick

Hill

Oliver

Weissinger

Adams

Fitz

Harvey

Pope

Williams

Barclay

Farrar

Jones

Rutherford

Young- 75

The two Houses then proceeded to the election of a State Treasurers John C. Perry being in nomination, and a constitutional majority voting for him, the Speaker declared him duly elected State Treasure.

Those who voted for Mr. Perry, are

Mr. President

Smith

Durrett

Hardwicke

Pope

Bibb

Sullivan

Davis

Hill

Rutherford

Casey

Wood

Edmondson

Harvey

Riviere

Coats

Mr. Speaker

Fitzpatrick

Jones

Rather

Conner

Adair

Fitz

Jackson

Skinner

Crabb

Abercrombie

Farrar

Kennedy

Shortridge

Devereux

Adams

Fearn

Leake

Sanders

Hopkins

Browne

Ford

Mead

Taylor

McCamy

Barclay

Gayle

Merriwether

Terrell

McVay

Bailey

Harrisof B.

Montgomery

Thompson

Metcalf

Browning

Harris of W.

Morton

Wallace

Moore

Crenshaw

Hunter of C.

Martin

Winston

Murphy

Clay

Hunter of T.

McClung

Weissinger

Powell

Coleman

Hubbard

Norwood

Williams

Shackleford

Dulaney

Hallett

Oliver

Young- 75

The Senate then returned to their chamber.

The house then adjourned till 7 o'clock this evening.

Seven o'clock.

A bill from the Senate, entitled "An act to alter the mode of drawing grand and petit jurors," was read second time, and referred to a select committee, consisting of Messrs. Oliver, Rutherford and Hardwicke.

Mr. Rather obtained, leave to introduce a bill, to be entitled 'an act concerning open accounts;' which was read a first time.

Mr. Jackson moved, that the further consideration of said bill be indefinitely postponed, which was carried.  Yeas 30- Nays 24.

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

Mr. Speaker

Edmondson

Harris of B.

Kennedy

Shortridge

Abercrombie

Fitzpatrick

Hubbard

Mead

Thompson

Browne

Fitz

Hallett

Merriwether

Wallace

Crenshaw

Fearn

Hill

Montgomery

Winston

Dulaney

Ford

Harvey

Martin

Williams

Durrett,

Gayle

Jackson

Rutherford

Young- 30

Those who voted in the negative, are,

Mr. Adair

Coleman

Hunter of C.

McClung

Sanders

Adams

Davis

Hardwicke

Oliver

Taylor

Barclay

Farrar

Jones

Riviere

Terrell

Bailey

Harris of W.

Leake

Rather

Weissinger- 24

Clay

Hunter of T.

Morton,

Skinner

Mr. McClung obtained leave to introduce a bill, to be entitled 'an act to extend the time of payment, and secure a certain sum of money due to this state from John M. Taylor;' which was read a first time, and ordered to be read a second time to-morrow.

The House then proceeded to the consideration of a bill, to be entitled 'an act to amend the several acts in relation to the establishment of the bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act.'


116

Mr. Davis moved to amend said bill by adding the following section:

'Sec.       And be it further enacted, That all laws and parts of laws contrary to the provisions of this act, be and the same are hereby repealed;' which was adopted.

The said bill was then ordered to be engrossed for a third reading tomorrow.

Mr. Adair obtained leave to introduce a bill, to be entitled 'an act to authorize the purchase of a certain number of the Alabama Justice of the Peace;' which was read a first time.

Mr. Williams moved that the further consideration of said bill be indefinitely postponed; which was carried.

Mr. Hallett obtained leave to introduce a bill, to be entitled 'an act to prevent the erecting of wooden buildings in certain parts of the city of Mobile, after the first day of January 1826;' which was read a first time.

Mr. Durrett moved that the further consideration of said bill be indefinitely postponed, which was carried.

Ayes 37                        Nays 19

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

Mr. Speaker

Edmondson

Hubbard

Montgomery

Shortridge

Adams

Fitzpatrick

Hill

Martin

Thompson

Barclay

Fitz

Harvey

McClung

Winston

Bailey

Farrar

Jones

Oliver

Weissinger

Browne

Ford

Jackson

Rutherford

Williams- 37

Coleman

Gayle

Kennedy

Riviere

Dulaney

Harris of B.

Leake

Rather

Durrett

Hunter, of C.

Merriwether

Skinner

Those who voted in the negative, are,

Mr. Adair

Davis

Hardwicke

Sanders

Young- 17

Abercrombie

Fearn

Hallett

Taylor

Crenshaw

Harris of W.

Mead

Terrell

Clay

Hunter, of T.

Morton

Wallace

Mr. Oliver obtained leave to introduce a bill to be entitled 'an act to allow persons to file and record papers;' which was read a first time, and ordered to be read a second time to-morrow.

Bill from the Senate, entitled 'an act to authorize Jacob Dust to emancipate a female negro slave therein named,' was read a first time, and the rule being dispensed with, it was read a second time, and ordered to lie on the table.

A bill to be entitled 'an act in relation to turnpike roads,' was read a second time, and ordered to be engrossed for a third reading to-morrow.

On motion of Mr. Fearn, Resolved, that a select committee be appointed to inquire into the expediency of providing some effectual remedy for collecting rents for lessees of School and University Land, with leave to report by bill or otherwise: Whereupon, Messrs. Fearn, Jackson and Crenshaw were appointed said committee.

Mr. Hardwicke offered the following Resolution: 'Resolved, by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That this General Assembly will adjourn sine die on Saturday the 28th instant,' which was ordered to lie on the table.

A bill from the Senate, entitled 'an act to appoint commissioners to lay out two roads leading from the ford of Line creek; the one to Coffeeville, the other to Tuskaloosa;' was read a first time, and ordered to be read a second time to-morrow.

A bill from the Senate, entitled 'an act giving execution for costs in the Supreme Court,' was read a second time, and the rule being dispensed with, it was read a third time and passed.


117

Ordered, That the Senate be acquainted therewith.

An engrossed bill, entitled 'an act to appoint commissioners to layout a road therein specified,' 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 bill from the Senate, entitled 'an act to provide for the printing of the Laws and Journals, and for other purposes,' was read a first time, and the rule being dispensed with, it was read a second time, and ordered to be read a third time to-morrow.

The House then adjourned till to-morrow morning 9 o'clock.