Thursday, December 26, 1822.

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

'An act giving execution for costs in the Supreme court:'

'An act to establish certain election precincts in the counties therein named;'


142

'An act to prevent free negroes and mulattoes from retailing spirituous liquors;'

'An act granting to John Fowler the right of running a Steam Ferryboat, and a row-boat or sail-boat, between the city of Mobile and the town of Blakeley;'

'A memorial of the State of Alabama;' and

'An act to establish a turnpike road leading from Lawrence county, to intersect the military road at Pikesville, in Marion county.'

Mr. Crenshaw, from the select committee, to whom was referred a bill entitled 'an act to alter the times of holding circuit courts in the first judicial circuit,' reported the said bill with amendments, in which the house concurred.  Ordered, that said bill lie on the table.

A message was received from the Governor by Mr. Pleasants, Secretary of State, notifying this house, that the Governor did, on the 24th inst, approve and sign,

'An act to exempt the citizens of the town of Selma from working on Roads beyond the limits of said town;'

'An act for the relief of Robert Coyle;'

'An act declaring certain roads therein named public roads, until otherwise directed by law;'

'An act supplementary to an act permanently to fix the seat of Justice for the counties of Tuskaloosa and Perry, passed Nov. 27, 1821, so far as it relates to Perry county;'

'An act to compel clerks of the circuit and county courts and sheriffs to give bond and security within the time therein prescribed;'

'An act to repeal in part the statute of limitations in criminal cases;'

'An act for the relief of the Huntsville Bank;' and on this day,

'An act authorizing pay to the trustees of the State University,'

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 to alter and extend the boundaries of Wilcox county.'

A bill, to be entitled 'an act to provide for leasing the 16th sections, and for the application of the funds arising therefrom to the purposes of education,' was read a second time, and ordered to be engrossed and be read a third time tomorrow.

Mr. Morton from the select committee, to whom was referred a bill, to be entitled 'an act to carry into effect the laws of the United States prohibiting the slave trade,' reported the said bill without amendment.

Ordered, that said bill be engrossed for a third reading tomorrow.

The House then took into consideration a bill, 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. Jackson moved to amend said bill by the following proviso: 'Provided, nothing in this act contained shall authorize any individual to become a stockholder therein; and that the stock of said bank shall be reserved exclusively for the University and this State: the directors on the part of the University to be elected by the trustees of the said University; which was lost.

Yeas 13.  Nays 39.

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

Mr. Durrett

Gayle

Jackson

Riviere

Winston- 13

Farrar

Hill

Kennedy

Terrell

Fitz

Harvey

Rutherford

Thompson

 


143

Those who voted in the negative, are

Mr. Adair

Coleman

Harris of W.

Mead

Skinner

Adams

Dulaney

Hunter of T.

Merriwether

Sanders

Barclay

Davis

Hunter of C.

Montgomery

Taylor

Bailey

Edmondson

Hubbard

Morton

Wallace

Brown

Fitzpatrick

Hallett

Martin

Weissinger

Browning

Fearn

Hardwicke

Oliver

Williams

Crenshaw

Ford

Jones

Pope

Young- 39

Clay

Harris of B.

Leake

Rather

Mr. Jackson moved further to amend said bill, by the following proviso 'Provided, that the Bank of the State of Alabama shall be established at the seat of government:' - which was lost.

Yeas 20.                  Nays 32.

The yeas 7 nays being called for, those who voted in the affirmative, are,

Mr. Crenshaw

Fitz

Hardwicke

Kennedy

Skinner

Coleman

Farrar

Harvey

Pope

Shortridge

Durrett

Ford

Jones,

Rutherford

Terrell

Fitzpatrick

Gayle

Jackson

Riviere

Winston- 20

Those who voted in the negative, are

Mr. Adair

Davis

Hill

Oliver

Adams

Edmondson

Leake

Rather

Barclay

Fearn

Mead

Sanders

Bailey

Harris, of B.

Merriwether

Thompson

Browne

Hunter of T.

Montgomery

Wallace

Browning

Hunter of C.

Morton

Weissinger

Clay

Hubbard

Martin

Williams

Dulaney

Hallett

McClung

Young- 32

Mr. Jackson further moved the following amendment: 'Provided, that the Bank of the State of Alabama shall be established at Mobile;' which was lost.

Yeas 7.  Nays 44.

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

Mr. Durrett

Jackson

Skinner

Winston- 7

Those who voted in the negative, are,

Mr. Adair

Dulany

Hunter of C.

Merriwether

Shortridge

Adams

Edmondson

Hubbard

Montgomery

Sanders

Barclay

Fitzpatrick

Hallett

Martin

Taylor

Bailey

Fitz

Hardwicke

Morton

Terrell

Browne

Farrar

Hill

McClung

Wallace

Browning

Fearn

Harvey

Oliver

Weissinger

Crenshaw

Ford

Jones

Pope

Williams

Clay

Harris of B.

Leake

Rutherford

Young- 44

Coleman

Hunter of T.

Mead

Rather

Mr. Jackson moved, that the further consideration of said bill be postponed indefinitely; which was lost.  Yeas 24.  Nays 32.

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

Mr. Abercrombie

Farrar

Harvey

Rutherford

Terrell

Browning

Ford

Jones

Riviere

Thompson

Durrett

Gayle

Jackson

Skinner

Wallace

Fitzpatrick

Harris of W.

Kennedy

Shortridge

Winston- 24

Fitz

Hardwicke

Pope

Taylor

Those who voted in the negative, are,

Mr. Speaker

Clay

Hunter of T.

Merriwether

Sanders

Adair

Coleman

Hunter of C.

Montgomery

Weissinger

Adams

Dulaney

Hubbard

Morton

Williams

Barclay

Davis

Hallett

Martin

Young- 32

Bailey

Edmondson

Hill

McClung

Browne

Fearn

Leake

Oliver

Crenshaw

Harris of B.

Mead

Rather

Mr. Rutherford moved the following amendment at the end of the 9th section; 'No. shall any loan or discount be made to any one person for a larger or greater sum than $4000 at one and the same time;' which amendment was adopted.

The question was then put, shall this bill pass? and decided in the affirmative.

Yeas 31.                       Nays 24


144

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

Mr. Speaker

Dulaney

Hallett

Martin

Weissinger

Adair

Davis

Hill

McClung

Williams

Adams

Fearn

Leake

Oliver

Young- 31

Bailey

Ford

Mead

Rather

Browne

Hunter of T.

Merriwether

Sanders

Crenshaw

Hunter of C.

Montgomery

Taylor

Clay

Hubbard

Morton

Wallace

Those who voted in the negative, are

Mr. Abercrombie

Edmondson

Harris of B.

Kennedy

Shortridge

Barclay

Fitzpatrick

Harris of W.

Pope

Terrell

Browning

Fitz

Hardwicke

Rutherford

Thompson

Coleman

Farrar

Jones

Rivier

Winston- 24

Durrett

Gayle

Jackson

Skinner

Ordered, that the title be changed from that of 'bill' to that of 'an act.'

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

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

'An act to provide for paying for the public buildings in the county of Lawrence;'

'An act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained;'

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

'An act to appoint commissioners to lay out a road therein specified;' which they have amended by adding a proviso thereto, 'An act to provide for the emancipation of slaves;' which they have amended by adding three additional sections thereto, and by amended the title thereof: In all of which amendments they desire the concurrence of this house.

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

'An act to provide for drawing petit jurors to serve in the circuit courts of the county of Dallas;'

'An act to alter the mode of giving bond and security, and taking the oath of office by the agents of the 16th section;'

'An act to appoint an agent to receive the three per cent fund;'

'An act for the relief of certain persons therein named;'

'Resolutions requesting the Governor to procure a correct map of this state;'

'Resolutions defining more particularly the boundary lines of certain counties therein mentioned, and for other purposes;' and

'Resolutions requiring the secretary of the Senate, and clerk of the House of Representatives to make a complete index of the Journals of the General Assembly;' in all of which they desire the concurrence of this house.

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

Evening Session.

Ordered, that Messrs. Fitzpatrick and Harvey have leave of absence during the remainder of the session.

Ordered, that a bill, to be entitled 'an act to alter the times of holding courts in the first Judicial circuit,' be referred to the state committee to whom it was formerly referred.  Ordered, that Messrs. Shortridge and Hunter of Conecuh, be added to said committee.


145

Mr. Fearn, from the committee on Schools, Colleges and Universities and School and University Lands, reported, a bill, to be entitled 'an act to secure the payment of rents and interest due by lessees of School and University lands;' which was read a first time.  Ordered, that eighty copies of said bill be printed for the use of this house.

The House then took into consideration the amendment made by the Senate, to the bill entitled 'an act to provide for the emancipation of slaves.'

The question was taken on concurring in the first amendment, in these words: 'And be it further enacted, that from and after the first day of March next, it shall not be lawful for any negro or mulatto to emigrate to the state; and every free negro or mulatto who shall violate the provisions of this act, shall forfeit and pay the sum of fifty dollars to be recovered before any court having jurisdiction of the same, one half to be paid into the state Treasury, and the other half to the informer;' and decided in the negative- Yeas 17- Nays 29.

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

Mr. Adair

Durrett

Leake

Rather

Williams- 17

Abercrombie

Edmondson

Merriwether

Skinner

Crenshaw

Farrar

Rutherford

Taylor

Coleman

Jackson

Riviere

Winston

Those who voted in the negative, are,

Mr. Adams

Davis

Hunter of C.

Jones

Sanders

Barclay

Fitz

Hubbard

Mead

Terrell

Bailey

Fearn

Hallett

Morton

Wallace

Browne

Ford

Hardwicke

Martin

Weissinger

Browning

Gayle

Hill

McClung

Young- 29

Dulaney

Harris of B.

Harvey

Shortridge

The House then disagreed to the other amendments of the Senate to the said bill.  Ordered, that the Senate be acquainted therewith.

Ordered, that the House concur in the amendments made by the Senate to the bill, entitled 'an act to appoint commissioners to lay out a road therein specified.' Ordered, that the Senate be acquainted therewith.

Mr. Jackson moved, that the further consideration of a bill, entitled an act concerning Judicial proceeding,' be indefinitely postponed, which 'was carried- Yeas 31- Nays 19.

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

Mr. Abercrombie

Durrett

Hunter of T.

Leake

Wallace

Adair

Fitz

Hubbard

Merriwether

Winston

Adams

Fearn

Hallett

Martin

Williams- 31

Browne

Ford

Hill

Rutherford

Browning

Gayle

Harvey

Shortridge

Crenshaw

Harris of B.

Jackson

Sanders

Clay

Hunter of C.

Kennedy

Taylor

Those who voted in the negative, are

Mr. Bailey

Edmondson

Hardwicke

Oliver

Terrell

Barclay

Fitzpatrick

Jones

Riviere

Weissinger

Coleman

Farrar

Mead

Rather

Young- 19

Davis

Harris of W.

McClung

Skinner

A bill to be entitled 'an act for the relief of the tax collector of Mobile,' was read a second time and ordered to be engrossed for a third reading on to-morrow.

Mr. Oliver from the select committee to whom was referred a bill, entitled 'an act amendatory to the laws now in force concerning strays, reported said bill with amendments; in which the House concurred; and the rule requiring bills to be read on three several days being dispensed with, it was read a third time forthwith, and passed.  Ordered, that the Senate be acquainted therewith.

A bill from the Senate entitled 'an act to repeal all acts or parts of acts

19


146

now in force in this state, requiring on oath to be taken on receiving a license to retail spiritous liquors; was read a third time.

Mr. Winston moved, that the further consideration of said bill be indefinitely postponed; which was carried.  Yeas 25- Nays 23.

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

Mr. Adair

Edmondson

Hunter of T.

Jackson

Skinner

Adams

Fitzpatrick

Hunter of C.

Kennedy

Shortridge

Browne

Fitz

Hubbard

Leake

Taylor

Crenshaw

Farrar

Hill

Merriwether

Winston

Dulaney

Harris of W.

Harvey

Riviere

Weissinger- 25

Those who voted in the negative, are,

Mr. Barclay

Davis

Mead

Rutherford

Wallace

Browning

Gayle

Morton

Rather

Williams

Clay

Hallett

Martin

Sanders

Young- 23

Coleman

Hardwicke

McClung

Terrell

Durrett

Jones

Oliver

Thompson

A bill from the Senate, entitled 'an act to refund James Mixon a sum of money improperly assessed and collected,' was read a third time and passed.  Ordered, that the Senate be acquainted therewith.

A bill from the Senate, entitled 'an act to authorize the Judge of the county court of Mobile county to take possession of the Spanish records;' was read a third time.  And the question being put, shall this bill pas? it was decided in the affirmative.  Yeas 46- Nays 3.

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

Mr. Abercrombie

Durrett

Hunter of T.

Merriwether

Taylor

Adair

Davis

Hubbard

Montgomery

Wallace

Adams

Edmondson

Hallett

Martin

Winston

Barclay

Fitzpatrick

Hardwicke

McClung

Weissinger

Browne

Farrar

Hill

Pope

Williams

Browning

Fitz

Harvey

Rutherford

Young- 46

Crenshaw

Ford

Jones

Riviere

Clay

Gayle

Kennedy

Rather,

Coleman

Harris, of W.

Leake

Shortridge

Dulaney

Harris of B.

Mead

Sanders

Those who voted in the negative, are,

Mr. Hunter of C.

Jackson

Terrell- 3

The House then adjourned till seven o'clock this evening.

Seven o'clock- in the Evening.

Bills from the Senate of the following titles, to wit:

An act to amend an act entitled an act appointing commissioners to lay out a road on or near the dividing line between the counties of Madison and Limestone, passed at Cahawba the 30th November, 1820; and

An at to amend the act passed Dec. 17th, 1821, entitled an at to appoint commissioners to lay out certain roads therein specified, and for other purposes, were severally read a second time, and the rule being dispensed with, were read a third time and passed.

Ordered that the Senate be acquainted therewith.

A bill from the Senate entitled 'an act to authorize the Judge of the county court of Mobile county to appoint a public weigher in the city of Mobile;' was read a third time and passed.

Ordered that the Senate be acquainted therewith.

Engrossed bills of the following titles, to wit:

An act to alter the boundaries of Perry county;

An act to repeal an act entitled an act incorporating the town of Jackson in Clarke county;

An act to authorize the Judge of the county courts and commissioners of roads and revenues within this state to make allowance therein named;


147

An act to establish a certain road therein named;

An act supplementary to an act to establish the seat of justice in the county of Shelby, and for other purposes;

An act concerning writs of error coram vobis;

An act authorizing John R. B. Eldridge to sell certain slaves therein designated;

An act to incorporate Jefferson Academy in the town of Elyton, and for other purposes;

Resolutions authorizing commissioners to establish a road leading from the county of Mobile to the line of the State of Mississippi.

An act to set apart a separate fund for the support of the poor in each county;

An act to repeal all laws requiring hands to work on navigable streams, and,

An act relative to turnpike roads; were severally read a third time and passed.  Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Bills of the following titles, to wit:

An act to authorize the treasurer of this state to receive a certain sum of money therein named;

An act to fix the salary of the Treasurer of the Trustees of the University of the state of Alabama;

An act to provide for the election of justices of the peace & constables,

An act to appoint commissioners for the superintendence of the public buildings in the county of Franklin;

An act to amend an act to authorize the Catholic congregation of Christians to Mobile to sell real estate therein named, and for other purposes, passed 17th November, 1821;  were severally read a second time, and ordered to be engrossed, and be read a third time to-morrow.

Ordered, That the Judiciary committee be discharged from the further consideration of a bill entitled 'an act further to regulate proceedings at law.'  Ordered, that said bill be engrossed for a third reading to-morrow.

A bill from the Senate, entitled 'an act to incorporate the Limestone Navigation Company,' was read a first time, and ordered to be read a second time to-morrow.

On motion of Mr. Clay, ordered, that the further consideration of a bill, entitled 'an act authorizing Nathan N. G. allen to erect a toll bridge on the Scipsy fork of the Buttahache,' be postponed indefinitely.

Mr. Fitz moved, that the further consideration of a bill, entitled 'a act to authorize the salve of the public lands adjoining the town of Cahawba,' be indefinitely postponed- which was carried.

Yeas 27               Nays 26.

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

Mr. Speaker

Ford

Hardwicke

Oliver

Thompson

Crenshaw

Gayle

Harvey

Rutherford

Wallace

Davis

Harris of B.

Jones

Riviere

Weissinger- 27

Fitzpatrick

Harris of W.

Kennedy

Sanders

Fitz

Hunter of C.

Mead

Taylor

Farrar

Hallett

Merriwether

Terrell

Those who voted in the negative, are,

Mr. Abercrombie

Coleman

Hubbard

Martin

Williams

Adams

Dulaney

Hill

McClung

Young- 26

Barclay

Durrett,

Jackson

Pope

Bailey

Edmondson

Leake

Rather

Browne

Fearn

Montgomery

Shortridge

Clay

Hunter, of T.

Morton

Winston

 


148

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 Tuscaloosa:' was read a third time and passed.  Ordered, that the Senate be acquainted therewith.

Ordered, That a bill entitled 'an act for the relief of Robert H. Gregg, late tax collector of Wilcox county,' lie on the table.

An engrossed bill, entitled;'an act dividing the state into districts, for the purpose of electing electors of President and Vice-President of the United States,' was read a third time.

Mr. Clay moved, that the further consideration of said bill be postponed indefinitely, which was lost.  Yeas 15- Nays 37.

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

Mr. Abercrombie

Davis

Hubbard

Montgomery

Pope

Crenshaw

Gayle

Leake

Martin

Shortridge

Clay

Hunter of C.

Mead

Oliver

Williams- 15

Those who voted in the negative, are,

Mr. Speaker

Edmondson

Hallett

Morton

Thompson

Adams

Fitzpatrick

Hardwicke

McClung

Wallace

Barclay

Fitz

Hill

Rutherford

Winston,

Bailey

Farrar

Harvey

Riviere

Weissinger

Browne

Ford

Jones

Rather

Young- 37.

Coleman

Harris of B.

Jackson

Sanders

Dulaney

Harris of W.

Kennedy

Taylor

Durrett

Hunter of T.

Merriwether

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.

The undersigned voted for the indefinite postponement of the above bill, because they conceive it premature to legislate on that subject.

JOHN GAYLE,

MARSTON MEAD,

JOHN S. HUNTER,

BENJAMIN DAVIS,

HIRAM SHORTRIDGD,

M WILLIAMS,

JOHN POPE,

W. C. MONTGOMERY,

MATTHEW CLAY

An engrossed bill entitled 'an act to afford Pickens county separate Representation of certain conditions and for other purposes:' was read a third time.

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

Yeas 34                       Nays 11.

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

Mr. Speaker

Dulany

Hunter of C.

Mead

Rutherford

Adair

Durrett

Hubbard

Merriwether

Sanders

Abercrombie

Davis

Hallett

Montgomery

Thompson

Adams

Fitz

Jones

Morton

Winston

Browne

Fearn

Jackson

Martin

Weissinger

Crenshaw

Ford

Kennedy

Oliver

Young- 34

Clay

Harris of  B.

Leake

Pope

Those who voted in the negative, are,

Mr. Barclay

Hunter of T.

Hill

Rather

Taylor

Farrar

Gayle

Hardwicke

Harvey

Shortridge

Williams- 11

And the then House adjourned till to-morrow 10 o-clock.