Monday, December 23, 1822.

Mr. Hubbard presented the petition of Eugenio Campbell, tax collector of Lawrence county for the year 1820, praying an allowance for insolvent debtors; which was referred to the Committee on Accounts.

Mr. Sanders presented the petition of Henry Scales, administrator of the estate of John Watt, deceased, praying authority to sell certain lands therein named, belonging to the testator; which was referred to a select committee, consisting of Messrs. Sanders, Jackson and Hubbard.

Mr. Terrell presented the petition of sundry inhabitants of Marion county, praying that a part of the 3 per cent. fund may be applied to improving the Buttahache river, which was referred to the select committee on Mr. Terrell's report on the Buttahachee river.

Mr. Coleman present the petition of John turner, praying indem-


123

nity for expences incurred in apprehending and bringing to justice Solomon Brigman, and others, charged with counterfeiting; which was referred to the committee on Propositions and Grievances.

Mr. Rutherford presented the petition of William Gary, praying further time to make payment for a lot in the town of Cahawba which was referred to a select committee, consisting of Messrs. Rutherford, Crenshaw and Morton.

Mr. Mead offered the following resolution:

Resolved, That the Senate be requested to assembly in the Representative Hall on to-morrow, at the house of 4 o'clock P.M. for the purpose of locating the State University; also the Female branches of said institution.

Mr. Gayle moved to amend said resolution by striking out the word 'also the female branches of said institution;' which was lost.

Yeas 26                    Nays 27

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

Mr. Speaker

Fitzpatrick

Harris of W.

Merriwether

Winston

Barclay

Fitz,

Hunter of C.

Rutherford,

Weissinger- 26

Browning

Farrar

Harvey

Skinner

Crenshaw

Ford

Jones

Taylor

Coleman,

Gayle

Kennedy

Terrell

Dulaney

Harris, of B.

Leake

Thompson

Those who voted in the negative, are,

Mr. Abercrombie

Durrett

Jackson

Oliver

Wallace

Adair

Edmondson

Mead,

Pope

Williams

Adams

Fearn

Morton

Riviere

Young- 27

Bailey

Hubbard

Montgomery

Rather

Browne

Hallett

Martin

Shortridge

Clay

Hill

McClung

Sanders

Mr. Hunter, of Conecuh, moved, that the further consideration of said resolution be postponed indefinitely- which was lost.

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

Mr. Speaker

Dulaney

Gayle

Kennedy

Taylor

Abercrombie

Fitzpatrick

Harris of B.

Merriwether

Terrell

Browne

Fitz

Hunter of C.

Oliver

Thompson

Browning

Farrar

Hill

Rutherford

Winston

Coleman

Ford

Harvey

Skinner

Weissinger- 25

Those who voted in the negative, are

Mr. Adair

Durrett

Hallett

Montgomery

Rather

Adams

Davis

Hardwicke

Morton

Shortridge

Barclay

Edmondson

Jones

Martin

Sanders

Bailey

Fearn

Jackson

McClung

Wallace

Crenshaw

Harris of W.

Leake

Pope

Williams

Clay

Hubbard

Mead

Riviere

Young- 30

The resolution was then adopted.

Ordered, That the Senate be acquainted therewith.

A message was received from the Governor by Mr. Pleasants, Secretary of State, informing this House, that he did, on the 20th inst. Approve and sign,

'An at for the trial of the right of property taken by virtue of an execution or attachment, and claimed by any person not a part to the suit;' and

'An act to manumit a negro woman slave Margaret, and her children;'

A message from the Senate by Mr. Lyon their secretary, informing this House, that they had read a third time and passed bills and resolutions, originating in that House, of the following titles, to wit:

'An act the better to designate the line between Jackson & Decatur;'


124

'An act for the regulation of assessors and tax collectors, so far as relates to the payment of money;'

'An act to divide the State into Districts for electing Representatives to Congress;'

'An act for the relief of certain tax collectors therein named;'

'An act to provide for the payment of the compensation allowed by law, to the commissioners appointed to lease the lands belonging to the University of Alabama;'

'A resolution for the relief of John A. Elmore;' and

'A resolution for the encouragement of Domestic Manufacturers;' In all of which they desire the concurrence of this House.

Mr. Abercrombie, from the select committee, to whom was referred a bill, to be entitled, 'an act to authorize the Judges of the county courts and commissioners of Roads and Revenue of Montgomery, to make an allowance therein named,' reported said bill with amendments, in which the House concurred.

The bill was then read a first time, and the rule being dispensed with, it was read a second time, and ordered to be engrossed for a third reading to-morrow.

Mr. Sanders obtained leave to introduce a bill to be entitled, 'an act for the preservation of Court Houses in this State;'

Mr. Gayle obtained leave to introduce a bill, to be entitled, 'an act to fix the salary of the Treasurer of the Trustees of the University of Alabama;' which bills were severally read a first time, and ordered to be read a second time to-morrow.

Mr. Weissinger obtained leave to introduce a bill, to be entitled 'an act to alter the boundaries of Perry county;' 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 on to-morrow.

Mr. Gayle obtained leave to introduce a bill, to be entitled 'an at to carry into effect the laws of the U. States prohibiting the slave trade;' Mr. Hallett obtained leave to introduce a bill, to be entitled 'an act for the relief of the tax collector of the county of Mobile;'

Mr. Terrell introduced a bill, to be entitled 'an act more effectually to secure the public Revenue;' which bills were severally read a first time, and ordered to be read a second time to-morrow.

Mr. Barclay, from the select committee to whom was referred a resolution in relation to property contracts, reported a bill, to be entitled 'an act concerning judicial proceedings;' which was read a first time and ordered to be read a second time to-morrow.

Mr. Terrell introduced a memorial to Congress, in relation to the public lands; which was read a first time and ordered to be read a second time to-morrow.

On motion of Mr. Adams, Resolved, that it shall be the duty of the Comptroller to make out a correct account of the distance that each member claims in making out his account for travelling to and from this General Assembly; an transmit the same to the Public Printer, whose duty it shall be to print and inclose the same in the acts of this General Assembly.

Resolution from the Senate, extending time to John Byler ad his associates, to open and finish a road therein mentioned, was read a third time and passed.

Ordered, That the Senate be acquainted therewith.

A bill from the Senate, entitled 'an act to refund James Mixon a sum


125

of money improperly assessed and collected,' was read a second time, and ordered to be read a third time to-morrow.

Ordered, That a bill to be entitled 'an act for the better selection and drawing Grand and Petit Jurors for the several counties of this state, be on the table.

Resolutions relative to the dividing line between this State, and the State of Georgia,' were read a second time, and ordered to be engrossed for a third reading to-morrow.

Ordered, That this House concur in the amendments made by the Senate, to the bill, entitled 'an act for the relief of the Huntsville Bank.'

A bill from the Senate, entitled 'an act to repeal all acts or parts of acts now in force in this State, requiring an oath to be taken on receiving licence to retail spiritous liquors,' was read a second time, and ordered to be read a third tine to-morrow.

A bill, to be entitled 'an act concerning the printing, binding and disposal of the Digest of the Statute Laws of the State of Alabama;' was read a second time, and ordered to be engrossed and read a third time to-morrow.

Mr. Adair, from the select committee, to whom was referred the petition of John B. Burke, praying the impeachment of  Robert Lee and James Vesey, two of the Justices of the Peace for Clarke, county, reported, that from the documents accompanying said petition, they had discovered no grounds to impeach said Justices, in which report the House concurred.

Mr. Crenshaw presented the petition of Frederick Davis, praying to be reimbursed in a fine imposes on him for an affray with one James Parker; which was ordered to lie on the table.

Mr. Fearn obtained leave to introduce a bill to be entitled 'an at authorzing the emancipation of a negro man named Martin,' which was read a first time, and ordered to be read a second time to-morrow.

Ordered, That a bill to be entitled 'an act to divide the State into districts for electing representatives to Congress,' be laid on the table.

A bill to be entitled, 'an act authorizing Nathan N. G. Allen to erect a toll bridge on the Scipsey fork on the Buttahacee river,' was read a second time, and ordered to be engrossed for a third reading to morrow.

Mr. Rutherford presented the petition of sundry inhabitants of Cahawba, purchasers of lots in said town, in the year 1820, praying the relief extended to purchasers at the first sales; which was referred to the committee of Propositions and Grievances, A bill from the Senate, entitled 'an act to continue in force and amend an act, entitled an act to repeal in part and amend an act entitled an act to regulate the proceedings in the courts of law and equity in this state, and for other purposes therein named,' was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

A bill to be entitled 'an act more effectually to suppress the evil practice of Billiard playing, was read a second time.

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

Yeas 21- Nays 34

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

Mr. Speaker

Crenshaw

Fitzpatrick,

Hill

Jackson

Oliver

Abercrombie

Coleman

Farrar

  Leake

Rutherford

Browne

Durrett

Hunter of Con.

Merriwether

Sanders

Browning

Davis

Hallett

Montgomery

Winston- 21

Those who voted in the negative, are,

Mr. Adams

Bailey

Clay

Edmondson

Fearn

Adair

Barclay

Dulaney

Fitz

Ford

 


126

Gayle

Harvey

Martin

Skinner

Wallace

Harris of W.

Jones

McClung

Shortridge

Weissinger

Harris of B.

Kennedy

Pope

Taylor

Williams

Hubbard

Mead

Riviere

Terrell

Young- 34

Hardwicke

Morton

Rather

Thompson

Ordered, that said bill be engrossed for a third reading to-morrow.

On motion of Mr. Young, resolved, that the committee on Roads, Bridges, Ferries, &c., be instructed to inquire into the expediency of turnpiking all that part of the military road which leads from Nashville to New Orleans, which is included in the north and south boundary lines of this state.

A bill to be entitled 'an act to allow persons to file and record papers;'

And a bill to be entitled 'an act to repeal an act, entitled an act incorporating the town of Jackson, in Clarke county;' were severally read a second time, and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled 'an act to authorize the judge and commissioners of roads and revenue to levy an extra tax in the county of St. Clair for the building of a court house for said county;' was read a second time, and referred to a select committee, consisting of Messrs. Coleman, Leake and Hardwicke.

A bill to be entitled 'an act to provide for assessing and collecting the revenue of this state,' was read a second time.

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

Yeas 31              Nays 23.

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

Mr. Speaker

Davis

Hunter of C.

Mead

Terrell

Barclay

Edmondson

Hallett

Merriwether

Thompson

Bailey

Fitzpatrick

Hill

Oliver

Wallace,

Browne

Farrar

Harvey

Skinner

Winston

Crenshaw

FitzFord

Jones

Shortridge

Weissinger

Coleman

Harris of B.

Leake

Taylor

Williams- 31

Those who voted in the negative, are,

Mr. Abercrombie

Durrett

Hubbard

Martin

Rather

Adams

Fearn

Hardwicke

McClung

Sanders

Browning

Gayle

Jackson

Pope

Young- 23

Clay

Harris of W.

Kennedy

Rutherford

Dulaney

Hunter of T.

Montgomery

Riviere

Ordered, That a bill, to be entitled 'an act for the relief o Edmund Freeman, late tax collector of Baldwin county,' be laid 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 second time.

Mr. Crenshaw moved to strike out the first section of said bill, the words 'James Bell, Barney Johnson, Matthew Jones, John Kelley, and John Gayle;' which was carried.

Mr. Rutherford moved to insert these words 'Edmund Lane, James S. Gaines, and John Davis;' which was carried.

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

Engrossed bill, entitled 'an act for the relief of John Barron, late sherriff of Clarke county,' was read a third time, and the question being put, shall this bill pass?  it was decided in the negative.

Yeas 20- Nays 30.

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

Mr. Abercrombie

Fitzpatrick

Harris of W.

Kennedy

Terrell

Barclay

Fitz

Hunter of C.

Hill

Thompson

Browne

Farrar

Hallett

Oliver

Weissinger

Davis

Gayle

Harvey

Riviere

Young- 30

 


127

Those who voted in the negative, are,

Mr. Speaker

Coleman

Hunter of T.

Leake

Rather

Adair

Dulaney

Hubbard

Merriwether

Skinner

Adams

Durrett

Hardwicke

Martin

Shortridge

Bailey

Edmondson

Hill

McClung

Sanders

Browning

Ford

Jones

Pope

Winston

Crenshaw

Harris, of B.

Jackson

Rutherford

Williams- 30

Mr. McClung laid before the House the proceedings of the circuit court of Madison, in the case of John Hamblen against Hannah Hamblen, for divorce; which were referred to the committee on Divorce and Alimony.

Mr. Pope from the joint committee on Enrolled Bills, reported, that said committee had examined and found correctly enrolled, a bill of the following title, to wit:

'An act to repeal in part and amend an act, entitled an act supplementary to an act to establish a State University.'

Mr. Dulaney obtained leave to introduce a bill, to be entitled 'an act to legalize the election of certain officers in Decatur county;' which was read a first time, and the rule being dispensed with, it was read a second time forthwith, and ordered to be engrossed and be read a third time to-morrow.

Mr. Barclay obtained leave to introduce a bill, to be entitled 'an act to authorize the Treasurer of this state to receive a sum of money therein anamed;' 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. Dick, one of the clerks, informing this House, that they had read a third time and passed a bill, which originated in their House, entitled 'an act to incorporate the Limestone navigation company;' in which they desire the concurrence of this House.

A bill to be entitled 'an act to alter the mode of proceedings in the courts of law and equity in this state,' was read a second time, and referred to a select committee consisting of Messrs. Oliver, Gayle, and Hunter, of Conecuh.

Mr. Mead presented the petition of sundry persons, praying that the county court of Blount may be compelled to lay a tax for the purpose of defraying the expenses of the public buildings in said county: which was referred to the committee on Propositions and Grievances.

A bill to be entitled 'An act to authorize the Judge of the county court of Mobile county to purchase a lot of ground for the purpose of erecting thereon the pubic buildings of said county;' was read a first and second time, and ordered to be engrossed for a third reading to-morrow.

On motion of Mr. Young, Resolved, that the Senate and House of Representatives convene in the chamber of the House of representatives, at 4 o'clock to-morrow evening, for the purpose of selecting a site for the location of the State University.

Ordered, That the Senate be acquainted therewith.

'A memorial to the Congress of the United States to procure further relief to the purchasers of public lands in this state,' was read a third time and passed.

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

A bill to be entitled 'an act for the relief of Sarah Strother, administratrix of George H. Strother, deceased,'  was read a second time, and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled 'an act authorizing William Breedlove to sell cer-


128

tain real estate therein named,' was read a second time, and ordered to lie on the table.

Ordered, that the House concur in the amendments made by the Senate to the bill, to be entitled 'an act authorizing pay to the Trustees of the State University for their services.'

Ordered, That the Senate be acquainted therewith.

Bill from the Senate, entitled 'an act to amend the act passed December 17th 1821, entitled an act to appoint commissioners to lay out certian roads therein specified, and for other purpose,' was read a first time, and ordered to read a second time to-morrow.

A bill to be entitled 'an act for the relief of the tax collector of Lawrence county for the year, 1821,' was read a 2nd time, and ordered to be engrossed for a third reading to-morrow.

Engrossed bill, entitled entitled 'an act to provide for paying for the public buildings of Lawrence county,' was read a third time and passed.

Ordered, That the title be as aforesaid.

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

A bill from the Senate, entitled 'an act authorizing the Judge of the County court of Mobile county to appoint a public weigher in the city of Mobile,' was read a first time, and the rule being dispensed with, it was read a second time forthwith, and ordered to be read a third time tomorrow.

A message was received from the Senate by Mr. Dick, one of their clerks, informing this House, that the senate concur in the amendments made by this House, to the resolution extending time to John Byler and his associates, to open ad finish a road therein named.'

Also, That they had read a third time and passed, 'a resolution for the relief of Anderson Crenshaw;' in which they desire the concurrence of this House.

Also, That they had adopted the following resolution:

Resolved, That, with the concurrence of the House of Representatives, the members of both branches of the Legislature will convene in the Representative Hall, on Tuesday the 24th inst. at 7 o'clock P.M. for the purpose of electing a State Printed for the ensuing year.

On motion of Mr. Morton, Resolved, that the speaker be authorized to direct the clerk of this House to employ one or more assistant clerks in addition to those already employed, during the remainder of the session.

A bill from the Senate, entitled 'an act to authorize the judge of the county court of Mobile, to take possession of the Spanish Records;' was read a first time, and the rule being dispensed with, it was read a second time forthwith, and ordered to be read a third time to-morrow.

A bill from the Senate, entitled 'an act to amend an act, entitled an act appointing commissioners to lay out a road on, or near the dividing line, between the county s of Madison and Limestone, passed at Cahawba, the 30th November, 1820,' was read a first time, and ordered to be read a second time to-morrow.

Mr. Crenshaw introduced joint resolutions concerning purchasers of lots in Cahawba;' which were 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.

Engrossed bill, entitled 'an act to define and make plain the western boundary line of Blount county,' was read a third time and passed.

Ordered, That the words 'a bill to be entitled' be stricken out.


129

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

Mr. McClung moved to reconsider the vote given on Saturday last, on concurring in the fourth amendment made by the select committee to the bill, entitled 'an act to alter the mode of drawing grand and petit jurors;' which was carried.  The question was then taken on concurring in said amendment, and lost.

Yeas 24- Nays 30

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

Mr. Speaker

Fitz

Hunter of C.

Morton

Terrell

Abercrombie

Ford

Hubbard

Oliver

Thompson

Browning

Gayle

Hallett

Rutherford

Winston

Crenshaw

Harris of B.

Hardwicke

Riviere

Weissinger- 24

Those who voted in the negative, are,

Mr. Adair

Durrett

Hill

Merriwether

Skinner

Adams

Edmondson

Harvey

Montgomery

Shortridge

Barclay

Fitzpatrick

Jones

Martin

Sanders

Browne

Farrar

Jackson

McClung

Wallace

Coleman

Fearn

Leake

Pope

Williams

Dulaney

Hunter of T.

Mead

Rather

Young- 30

The House disagreed to the 5th amendment made by said committee Mr. Sanders offered the following amendment to the said bill.

'And be it further enacted, That the grand and petit jurors shall be allowed two dollars for each day he shall attend, and circuit court.'

'And be it further enacted, that the clerk of the circuit of each county in this state, shall, at the times prescribed by law for returning his account to the county treasurer, return a separate account of the amount paid into this office on account of the tax on suits, and pay the same to the county treasurers, and the proceeds of said tax shall be set apart, and reserved as a separate fund for payment of jurors out of said fund; or when the same shall not afford the means, out of any monies in the county treasury, shall pay jurors respectively, on production of the clerk's certificate, setting forth the number of days such juror attended, and the sum to which he is entitled;' which amendment was lost.

Yeas 8- Nays 45

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

Mr. Bailey

Farrar

Leake

Rather

Edmondson

Hunter of T.

McClung

Sanders- 8

Those who voted in the negative, are,

Mr. Speaker

Durrett

Hubbard

Merriwether

Shortridge

Abercrombie

Davis

Hallett

Montgomery

Taylor

Adams

Fitz

Hardwicke

Morton

Terrell

Barclay

Fitzpatrick

Hill

Martin

Thompson

Browne

Ford

Harvey

Oliver

Wallace

Browning

Gayle

Jones

Pope

Winston

Crenshaw

Harris of B.

Jackson

Rutherford

Weissinger

Coleman

Harris of W.

Kennedy

Riviere

Williams

Dulaney

Hunter of C.

Mead

Skinner

Young- 45

A message was received from the Senate by Mr. Shackleford, informing this House that the Senate concur in the amendment made by this House to the bill, entitled 'an act to continue in force and amend an at entitled an act to repeal in part and amend an act entitled an at to regulate the proceedings in the courts of law and equity in this state, and for other purposes therein mentioned.'

And the House then adjourned till tomorrow morning 9 o'clock.