Saturday, Dec. 21.

Mr. Kennedy presented the memorial of sundry people of Clarke county, on behalf of Robert Lee, against whom the Memorial of John B. Bourne was presented to this House, praying that he may be impeached; which memorial was referred to the select committee appointed on the memorial of the said Burke.

Mr. Fearn, from the select committee, to whom was referred the report of John D. Terrell on the survey of the Buttahachee river, reported a Resolution allowing him compensation therefor, which was read a first time and ordered to be read a second time on Monday next.

A bill to be entitled 'an act to appoint two commissioners for the superintendence of the public buildings in Franklin county,' was read a second time and ordered to be engrossed for a third reading on Monday next.

Mr. Bailey obtained leave to introduce a bill, to be entitled 'an act to reduce the fees of clerks and sheriffs;' which was read a first time.

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

Yeas 25          Nays 27.

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

Mr. Speaker

Edmondson

Hallett

Merriwether

Rutherford

Abercrombie

Fitz

Hill

Montgomery

Shortridge

Browning

Hunter of C.

Harvey

Martin

Sanders

Crenshaw

Hunter of T.

Jackson

Oliver

Thompson

Durrett

Hubbard

Kennedy

Pope

Winston- 25

Those who voted in the in the negative, are,

Mr. Adair

Coleman

Harris, of W.

Riviere,

Weissinger

Adams

Dulaney

Hardwicke

Rather

Williams

Barclay

Davis

Jones,

Skinner

Young-27

Bailey

Fearn

Leake

Taylor

Browne

Ford

Mead

Terrell,

Clay

Gayle

Morton

Wallace

Mr. Abercrombie moved, that the further consideration of said bill to be postponed till the first day of June next; which was carried.

Mr. Halley introduced a bill, to be entitled 'an act to amend an act to authorize the Catholic congregation of christians in the city of Mobile, to sel real estate therein named, and for other purposes, passed the 27th November 1822,' which was read a first time, and ordered to be read a second time on Monday next.

Mr. Oliver, from the select committee to whom was referred a bill to be entitled 'an act to alter the mode of drawing Grand and Petit Jurors,' reported said bill with amendments.

Mr. Williams moved, that the further consideration of said bill be post poned indefinitely; which was lost.

Yeas 14 - Nays 38

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

Mr. Clay

Hill

Martin

Shortridge

Williams

Metcalf

Leake

McClung

Wallace

Young- 14

Edmondson

Merriwether

Pope

Winston

 


118

Those who voted in the negative, are,

Mr. Speaker

Coleman

Harris of B.

Kennedy

Skinner

Abercrombie

Dulaney

Harris, of Wil.

Mead

Sanders

Adams

Davis

Hunter of C.

Montgomery

Taylor

Barclay

Fitzpatrick

Hallett

Morton

Terrell

Bailey

Fitz

Hardwicke

Oliver

Thompson

Brown

Farrar

Harvey

Rutherford

Weissinger- 38.

Browning

Ford

Jones

Riviere

Crenshaw

Gayle

Jackson

Rather

The question was then take on concurring with the 4th amendment made by the select committee, which amendment is these words:

'Sec. 4.  And be it further enacted, that hereafter the Grand Jurors in this state shall not receive any compensation for their services;' which amendment was lost.

Yeas 27 - Nays 27.

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

Mr. Speaker

Ford

Hallett

Oliver

Wallace

Abercrombie

Gayle

Hardwicke

Rutherford

Winston

Browning

Harris of B.

Harvey

Riviere

Weissinger- 27

Crenshaw

Harris of W.

Kennedy

Taylor

Fitzpatrick

Hunter of C.

Mead

Terrell

Fitz

Hubbard

Morton

Thompson

Those who voted in the negative, are,

Mr. Adams

Dulaney

Hill

Martin

Sanders

Barclay

Durrett

Jones

McClung

Williams

Bailey

Davis

Jackson

Pope

Young- 27.

Browne

Edmondson,

Leake

Rather

Clay

Farrar

Merriwether

Skinner

Coleman

Fearn

Montgomery

Shortridge

The house then concurred in the 1st, 2nd and 3rd amendments of the select committee.  Ordered, that said bill, with the amendment, lie on the table.

A bill from the Senate, entitled 'an act to authorize Fathers to devise the custody and tuition of their infant children;' was read a third time, amended by way of rider, and passed.

Ordered, that the Senate be requested to concur in said amendments.

Mr. Durrett obtained leave to introduce a bill, to be entitled 'an act to provide for the election of Justices of the peace and constables;' which was read a first time, and ordered to be read a 2d time on Monday next.

A bill to be entitled 'an act to set apart a separate fund for the support of the poor in each county,' was read a second time.

Mr. Clay moved, that the further consideration of the said bill be indefinitely postponed; which was lost.

Ordered, That said bill be engrossed for a3d reading on Monday next.

Bill from the Senate, entitled 'an act to establish a certain election precincts in the counties therein named,' was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

Bill from the Senate entitled 'an act to enforce the payment of monies collected by officers of courts,' was read a second time, and ordered to be read a third time on Monday next.

Ordered, That the House concur in the amendment made by the Senate, to a bill entitled 'an act declaring certain roads therein named public roads, until otherwise directed by law.

Ordered, That the House recede from their amendment in a bill, entitled 'an act to prevent free negroes and mulattoes from retailing spirituous liquors, and for other purposes.'

Ordered, That the House insist of their amendment to the said bill, in striking out the 4th section thereof.


119

Resolutions proposing to the people of Alabama, changes in the Constitution of this state, therein mentioned, were read a second time.

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

Yeas 10- Nays 41

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

Mr. Crenshaw

Gayle

Harris of W.

Shortridge

Weissinger

Davis

Harris, of B.

Hunter of T.

Terrell

Williams- 10

Those who voted in the negative, are,

Mr. Speaker,

Clay

Hubbard

Leake

Riviere

Adair

Coleman

Hallett

Mead

Rather

Abercrombie

Dulaney

Hardwick

Merriwether

Skinner

Adams

Durrett

Hill,

Montgomery

Sanders

Barclay

Edmondson

Harvey

Martin

Taylor

Bailey

Farrar

Jones

Oliver

Thompson

Browne

Fitz

Fearn

Jackson

Pope

Wallace

Browning

Hunter of C.

Kennedy

Rutherford

Winston- 41

Mr. Rutherford moved to amend said resolution by striking out the word 'four' where it occurs in this manner "The Senators shall be chosen in the same manner for the term of four years," for the purpose of inserting the word 'two;' and also to strike out all from the figure and letters '4th' in the sixth line, to the word 'years' in the ninth line.

Ordered, That the said resolutions, with the amendments, be referred to a select committee, consisting of Messrs. Pope, Adair, Hunter of C., Jackson and Rutherford.

Bill to be entitled 'an act supplementary to an act to entitled the permanent seat of justice in the county of Shelby,' was read a second time, and ordered to be engrossed for a third reading on Monday next.

Bill to be entitled 'an act to authorize the sale of public lands adjoining the town of Cahawba,' was read a second time, and ordered to be engrossed for a third reading on Monday next.

Bill to be entitled 'an act for dividing the state into districts for the purpose of electing electors of President and Vice-President of the United States,' was read a second time.

Mr. Abercrombie moved, that the further consideration of said bill be indefinitely postponed - which was lost.

Yeas 23.               Nays 30

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

Mr. Speaker

Dulaney

Hunter of T.

Merriwether

Shortridge

Abercrombie

Edmondson

Hunter of C.

Montgomery

Taylor

Browning

Fitzpatrick

Hallett

Pope

Williams- 23

Crenshaw

Gayle

Hardwicke

Rather

Clay

Harris of B.

Leake

Skinner

Those who voted in the negative, are,

Mr. Adair

Davis

Hubbard

Mead

Sanders

Adams

Fitz

Hill

Morton

Terrell

Barclay

Farrar

Harvey

Martin

Thompson

Browne

Fearn

Jones

Oliver

Wallace

Coleman

Ford

Jackson

Rutherford

Winston

Durrett

Harris of W.

Kennedy

Riviere

Weissinger- 30

Ordered, That said bill be engrossed for a third reading on Monday next.

A bill to be entitled 'an act further to regulate proceedings in suits at law,' was read a second time.

On motion of Mr. Gayle, Ordered, that said bill be referred to the Judiciary committee.

A message was received from the Senate by Mr. Wood, informing this House that they had read a third time and passed a bill, originating in this House, entitled 'an act to repeal in part and to amend an act, entitled an act to supplementary to an act to establish a State University,' to


120

which they had made sundry amendments, and in which amendments they desire the concurrence of this House.

And then the House adjourned till 3 o'clock this evening.

Evening Session.

Bill to be entitled 'an act providing for the election of sheriff in certain cases, and for other purposes,' was read a first time; and the rule being successively dispensed with, it was read a second and third time forthwith and passed.

Ordered, That the Senate be acquainted therewith.

A bill to be entitled 'an act to authorize John R. B. Eldridge to sell certain slaves,' was read a second time, and ordered to be engrossed for a third reading on Monday next.

The House then took up the bill, entitled 'an act to repeal in part and to amend an act, entitled an act supplementary to an act to establish a State University.'

The question being taken on concurring with the amendments made by the Senate in the 8th section of said bill by striking therefrom the word 'four' where it occurs in these words 'and the residue of the purchase money shall be paid at the expiration of four years after said sale,' &c.- for the purpose of inserting the word 'eight'- it was decided in the affirmative.

Yeas 34- Nays 14

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

Mr. Speaker

Coleman

Harris of B.

Morton

Taylor

Abercrombie

Davis

Harris of W.

Rutherford

Terrell

Adams

Fitz

Hill

Riviere

Thompson

Bailey

Farrar

Harvey

Rather

Winston

Browne

Fearn

Kennedy

Skinner

Weissinger

Browning

Ford

Leake

Shortridge

Williams- 34

Crenshaw

Gayle

Merriwether

Sanders

Those who voted in the negative, are,

Mr. Adair

Durrett

Hubbard

Mead

Pope

Barclay

Dulaney

Jones

Montgomery

Young- 14

Clay

Edmondson

Jackson

Martin

The question being taken on concurring with the amendment made by the Senate to the 20th section of said bill by striking out the proviso, at the end thereof, which proviso is in these words: 'Provided nothing herein contained shall authorize said Trustees to invest one hundred thousand dollars of the funds of the University, in a State Bank, until $400,000 of the stock of said Bank be subscribed for; and one half thereof paid by individual subscribers;' it was decided in the affirmative.

Yeas 25                  Nays 24

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

Mr. Speaker

Davis

Harris of W.

Leake

Sanders

Abercrombie

Farrar

Hill

Mead

Taylor

Barclay

Fearn

Harvey

Merriwether

Thompson

Browning

Gayle

Jones

Morton

Weissinger

Crenshaw

Harris of  B.

Kennedy

Riviere

Williams- 25

Those who voted in the negative, are,

Mr. Adair

Coleman

Ford

Martin

Shortridge

Adams

Dulaney

Hunter of T.

Pope

Terrell

Bailey

Durrett

Hubbard

Rutherford

Winston

Browne

Edmondson

Jackson,

Rather

Young- 24

Clay

Fitz

Montgomery

Skinner

The House then concurred in the other amendments made by the Senate to said bill.  Ordered, that the Senate be acquainted therewith.

Mr. Abercrombie obtained leave to introduce a bill, to be entitled 'an act to authorize the Judges of the County Court and the Commissioners


121

of roads and revenue of Montgomery county to make an allowance therein named;' which was read a first time, & ordered to be referred to a select committee, consisting of Messrs, Abercrombie, Oliver, and Browning.

Ordered, That this House concur in the amendments made by the Senate to the bill, to be entitled 'an act to repeal in part the statute of limitations in criminal cases.'

Resolutions from the Senate, instructing our Senators, and requesting our representative in Congress to procure the passage of a law, imposing a tonnage duty on all vessels coming into the port of Mobile, were read a second time, and ordered for a third reading on Monday next.

'Resolutions authorizing commissioners to establish a road leading from the city of Mobile, to the line of the State of Mississippi,' were read a 2nd time and ordered to be engrossed for a third reading on Monday next.

A bill to be entitled 'an act to repeal all laws requiring hands to work on navigable streams in this state,' was read a second time, and ordered to be engrossed for a third reading on Monday next.

Engrossed Memorial to the Congress of the United States, for the relief of settlers on public lands in this State was read a third tie, and the question being put, shall this Memorial pass?  it was decided in the affirmative.

Yeas 35- Nays 16

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

Mr. Adair

Dulaney

Harris of W.

Mead

Skinner

Abercrombie

Davis

Hunter of T.

Merriwether

Taylor

Barclay

Edmondson

Hardwicke

Morton

Terrell

Bailey

Fitzpatrick

Hill

Morton

Winston,

Browne

Farrar

Harvey

Pope

Weissinger

Clay

Gayle

Jones

Rutherford

Williams

Coleman

Harris of B.

Leake

Rather,

Young- 35

Those who voted in the negative are,

Mr. Speaker

Crenshaw

Ford

Kennedy

Shortridge

Adams

Durrett

Hubbard

Montgomery

Sanders

Browning

Fitz

Fearn

Jackson

Riviere

Thompson-16

Ordered, That said Memorial be sent to the Senate for their concurrence.

A message was received from the Senate by Mr. Casey, informing this House, that they had read a third time and passed bill, originating in this house, of the following titles, to wit:

'A memorial of the Legislature of the state of Alabama, to the Senate and House of Representatives of the United States in Congress assembled;'

'An act authorizing pay to the Trustees of the state University for their services;' to which later they have made sundry amendments, an din which they desire the concurrence of this house.

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

'An act relative to the securities of clerks, sheriffs, and other officers;'

'An act amendatory to the laws now in force concerning strays;'

'An act changing the name of Big-spring, in Franklin county;'

'An act to alter the times of holding courts in the first Judicial circuit;' in all which they desire the concurrence of this house.

Also, that they concur in the amendments made by this house to the bill, entitled 'an act to authorize Fathers to devise the custody and tuition of their infant children.'

Also, that they recede from their disagreement to the amendment made by ths house, to the bill, entitled 'an act to prevent free negroes and mulattos from retailing spiritous liquors, and for other purposes,'

A bill from the Senate, entitled 'an act to provide for the printing of

16


122

the Laws and Journals, and for other purposes;' was read a second time and the rule being dispensed with, it was read a third time forthwith and passed.

Ordered that the Senate be acquainted therewith.

Engrossed bills of the following titles, to wit:' an act to authorize administrators to sell land belonging to the estate of their intestates, to which a complete title had not been obtained;'

'An act to authorize the Judge of the county court, and the Commissioners of roads and revenue of Butler county, to levy a county tax, and for other purposes therein mentioned;' and

'An at to amend an act entitled an act to regulate the rate of interest, passed the 17th Dec. 1819,' were severally read a third time and passed.

Ordered, that their titles be as aforesaid.

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

Mr. Shortridge laid before the house a communication from Harry Toulmin, Esq. in relation to the statutes of this states;' which was laid on the table.

A bill to be entitled 'an act concerning writs of error coram vobis; 'was read a second time.

Mr.Gayle moved, that the further consideration of the said bill be indefinitely postponed- which was lost.

Mr. Crenshaw introduced a bill, to be entitled 'an act to regulate proceedings in chancery suites;' which was read a first time, and ordered to be read a second time on Monday next.

Mr. Fearn, from the committee on Schools Colleges and Universities, and School and University lands, to whom was referred the petition of sundry persons, praying an alteration in the law, relating to agents of the 16th sections, reported a bill, to be entitled, 'an act to provide for leasing the 16th sections, and for the application of the funds arising there from to the purposes of education;' which was read a first time, and ordered to be read a second time on Monday next.

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 to prevent frivolous and vexatious law suites;"

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

"An act to alter and amend an act extending the jurisdiction of the county court of Mobile county, passed the 17th day of Dec. 1821;" and

"An act to establish a public road from the House of John Gandie in Morgan county, to Baltimore or Morgan's Springs, in Blount county."

The House then adjourned till Monday 9 o'clock, A.M.