Friday, December 27.

A message was received from the Senate, by Mr. Moore, informing this House, that the Senate, insist on their amendments to the bill entitled 'an act to provide for the emancipation of slaves.'

A message was also received from the Senate, by Mr. Lyon, their


149

secretary, informing this House, that the Senate had adopted the following resolution:

Resolved, by the Senate, with the concurrence of the House of Representatives, that a joint committee be appointed to report what business before the two Houses is necessary and indispensable to be acted on at the present session of the General Assembly; and that they had appointed on their part Messrs. Shackleford, Hopkins and Murphy said committee. Ordered, that said resolution lie on the table.

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

An act to authorize administrators to sel land belonging to the estate of their intestates, to which a complete title has not been obtained.

An act to raise a revenue for the support of government until otherwise directed by law.

An act to alter and extend the boundaries of the county of Wilcox;

An act to raise a revenue for the support of government of Lawrence county;

An act to appoint commissioners to lay out a road therein specified.

Mr. Hallett from the committee on accounts to whom was referred the petition of Joel D. Harris and the petitions of Nathan Briley and Charles D. Taylor: Reported, that the committee are of opinion that the account of Joel D. Harris is not properly authenticated;  and that the petition of said Briley and Taylor is unreasonable and ought not to be granted.

In which report the House severally concurred.

On motion of Mr. Rather, resolved by the senate and House of Representatives of the State of Alabama in General Assembly convened, That the State Printer be instructed to furnish each member with forth of the captions of the acts and resolutions of the General Assembly; and the secretary be instructed to furnish a copy of the same.  Ordered, that the same be sent to the senate for their concurrence.

An engrossed bill entitled an act regulating appeals in criminal cases was read a third time.

Mr. Jackson moved, that the further consideration of said bill be indefinitely postponed: which was lost.  Yeas 5.      Nays 41.

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

Mr. Bailey

Durrett

Davis

Jones

Jackson- 5

Those who voted in the negative, are,

Mr. Speaker

Dulaney

Kennedy

Rutherford

Winston

Abercrombie

Fitz

Leake

Riviere

Williams

Adams,

Farrar

Mead

Rather

Williams

Barclay

Gayle

Montgomery

Skinner

Williams- 41

Browne

Harris of W.

Merriwether

Shortridge

Browning

Hubbard

Martin

Sanders

Crenshaw

Hallett

McClung

Taylor

Clay

Hardwicke

Oliver

Terrell

Coleman

Hill

Pope

Thompson

Mr. Terrell from the select committee to whom was referred a resolution to repeal a resolution allowing to the Comptroller two hundred and fifty dollars in addition to his present salary, passed at the last session, made a report thereon against said resolution, to which the house disagreed.

The said resolution was then read a third time and passed.  Ordered, that the senate be acquainted therewith.


150

A bill from the senate entitled 'an act to alter the mode of drawing grand and petit jurors, was read a third time; and the question being put, shall this bill pass? it was decided in the negative.

Mr. Adair moved, that this House do reconsider the vote give on yesterday on the motion to postpone indefinitely the further consideration of a bill 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 retain spiritous liquors; which was carried.

A bill from the Senate entitled 'an act for the relief of certain tax collectors therein named, was read a third time and passed.  Ordered, that the senate be acquainted therewith.

A bill from the senate entitled 'an act to better designate the line between the counties of Jackson and Decatur was read a first time; and the rule being dispensed with, it was read a second time forthwith.

Mr. Dulaney moved to amend said bill by the adoption of the following: 'Sect.  And be it further enacted, that Jackson county shall have criminal jurisdiction over all that tract of country within the limits o the Cherokee nation of Indians which lies west of Willstown valley, and east of a line running from the mouth of Sauta creek to the nearest point of Willstown valley.

'Sect.  And be it further enacted, That Decatur county shall have an additional election precinct at the House of William Stidmore on Paint Rock River in said county.

'Sect.  And be it further enacted, That all acts and parts of acts contrary to this act are hereby repealed.' Which amendment was adopted.

Ordered, that said bill be read a third time tomorrow.

Bill from the Senate entitled an act for the regulation of assessors and tax collectors, so far as relates to the payment of money, was read a third time and passed.  Ordered, that the senate be acquainted therewith.

Ordered, that Mr. Gayle have leave of absence during the remainder of the session.

A bill from the senate, entitled an act to divide the state into districts for the purpose of electing Representatives to Congress:  was then taken up.

Mr. Abercrombie moved to amend the said bill by striking out of the first section, the word 'Autauga' for the purpose of inserting in lieu thereof the word 'Marengo' which was carried. Yeas 39.                   Nays 12.

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

Mr. Speaker

Clay

Hunter of C.

Merriwether

Sanders

Adair

Coleman

Hubbard

Montgomery

Taylor

Abercrombie

Davis

Hallett

Martin

Terrell

Barclay

Fitzpatrick

Hill

McClung

Winston

Bailey

Fitz

Harvey

Oliver

Weissinger

Browne

Fearn

Jones

Pope

Williams

Browning

Ford

Leake

Skinner

Young- 39

Crenshaw

Hunter of P.

Mead

Shortridge

Those who voted in the negative, are,

Mr. Adams

Harris of B.

Kennedy

Rather

Edmondson

Hardwicke

Rutherford

Thompson

Gayle

Jackson

Riviere

Wallace- 12

Mr. Young moved to amend said bill by striking out of the first section the word 'Madison, Decatur and Jackson,' for the purpose of inserting the words 'Lawrence, Franklin, Limestone, Lauderdale, Marion, Greene and Tuskaloosa,' which was lost.

Yeas 8.     Nays 40

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

Mr. Adams

Edmondson

Jackson

Thompson

Durrett

Gayle

Mead

Young- 8


151

Those who voted in the negative, are,

Mr. Speaker

Crenshaw

Harris of W.

Montgomery

Shortridge

Adair

Coleman

Hunter of T.

McClung

Sanders

Abercrombie

Dulaney

Hubbard

Oliver

Taylor

Barclay

Davis

Hardwicke

Pope

Terrell

Bailey

Fitz

Hill

Rutherford

Wallace

Brown

Fearn

Jones,

Riviere

Winston

Browning

Ford

Leake

Rather

Weissinger

Clay

Harris, of B.

Merriwether

Skinner

Williams- 40

The bill was then read a third time and passed.

Ordered, that the senate be acquainted therewith.

And then the house adjourned till 3 o’clock this evening.

Evening Session.

A bill and a resolution from the senate of the following titles, to wit:

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, were severally read a first time and ordered to be read a second time tomorrow.

Resolution from the senate for the encouragement of domestic manufactures: was read a first time.

On motion of Mr. Jackson, Ordered, that the further consideration of said resolution be postponed indefinitely.

An engrossed bill entitled, 'an act for the relief of the tax collector of Lawrence county, for the year 1821:' 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.

An engrossed bill, entitled 'an act more effectually to prevent the evil practice of billiard playing in this State;' was read a third time.

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

Yeas 27.                   nays 22.

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

Mr. Speaker

Coleman

Harris of W.

Jackson

Taylor

Adair

Dulany

Hunter of T.

Leake

Williams

Barclay

Davis

Hunter of C.

Merriwether

Winston- 27

Browne

Edmondson

Hubbard

Oliver

Browning

Ford

Hallett

Rutherford

Crenshaw

Harris of B.

Hill

Sanders

Those who voted in the negative, are,

Mr. Abercrombie

Fitz

Jones

Reviere

Wallace

Adams

Farrar

Kennedy

Rather

Weissinger- 27

Bailey

Fearn

Mead

Skinner

Clay

Gayle

Martin

Terrell

Durrett

Hardwicke

Pope

Thompson

Bill from the senate, entitled 'an act to incorporate the town of Jonesbourough in the county of Jefferson,' was read a third time and passed.

Ordered, that the senate be acquainted therewith.

Resolution from the senate providing for the organization of the 39th Regiment of Alabama Militia- 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.

Resolution from the senate, concerning the loan from the Tombeckbe Bank- same order.

Bill from the senate entitled 'an act to increase the compensation of certain commissioners appointed by an at entitled 'an act to appoint commissioners to lay out certain roads therein specified, and for other purposes, passed 17th Dec. 1821, was read a first time, and postponed till the 15th day of January next.,

Bill from the senate entitled 'an act authorizing the sale of lots relin-


152

quished in the town of Cahawba under an act of Nov. 28th 1821;' was read a first time.

On motion of Mr. Davis, Ordered, that the further consideration of said bill be indefinitely postponed.

A message was received from the senate by Mr. Dick, one of their clerks informing this house that they concur in the amendments made by this house, to bills of the following titles, to wit: 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;

An act authorizing the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile.

A bill from the senate, entitled 'an act to repeal in part and amend an act entitled an act to regulate elections &c. passed at Huntsville, Dec. 16th 1819: was read a first time and ordered to lie on the table.

A bill from the senate entitled an act concerning the Huntsville Masonic Lottery --  was read a first time; and the rule being dispensed with, it was read a second time forthwith.

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

Yeas 11.                Nays 36.

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

Mr. Durrett

Harris of B.

Mead

Winston

Davis

Hill

Rather

Weissinger- 11

Ford

Jackson

Thompson

Those who voted in the negative, are,

Mr. Speaker

Crenshaw

Hunter of T.

Merriwether

Taylor

Adair

Coleman

Hunter of C.

McClung

Terrell

Abercrombie

Dulaney

Hubbard

Pope

Wallace

Adams

Edmondson

Hallett

Rutherford

Williams- 36

Barclay

Fitz

Hardwicke

Riviere

Bailey

Farrar

Jones

Skinner

Browne

Fearn

Kennedy

Shortridge

Browning

Harris of W.

Leake

Sanders

The bill was then read a third time and passed.  Ordered, that the senate be acquainted therewith.

Memorial from the Senate, to the Congress of the United States, on the subject of the fortifications at Mobile Point and Dauphin Island, was read a third time and passed.

Ordered, that the Senate be acquainted thereof.

A bill from the senate entitled 'an act for the relief of Austin Hood and Arnold Thomason: was read a third time and lost.

Bills from the senate of the following titles, to wit: 'An act relative to the securities of clerks, sheriffs and other officers;' and 'an act changing the name of Big spring in Franklin county; were severally read a third time and passed.  Ordered, that the senate be acquainted therewith.

A message was received from the senate by Mr. Dick, one of their clerks, informing this house, that they disagree to the amendments made by this house to a bill 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 a licence to retail spiritous liquors.'

Also, that they concur in the amendment made by this house to the bill entitled 'an act to divide the state into the districts for electing Representatives to Congress.'

Bill from the senate, entitled 'an act to authorize a change of venue in chancery causes in certain cases. -  was read a third time and passed.

Ordered, that the senate be acquainted therewith.  Ordered, that this house insist on their amendments to the bill entitled 'an act to repeal all


153

A message was received from the Senate by Mr. Dick, one of their clerks, informing this house the they had read a third time and passed bills originating in this house, entitled 'an act for the relief of the tax collector of Lawrence county, for the year 1821;' and

An act authorizing Elisha Thomas and Davis Gurley and their associates, to turnpike a certain road therein designated; which bill they had amended, and in which amendments they desire the concurrence of this house, also, that they insist upon their disagreement to the amendments made by this house to a bill 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 a licence to retail spiritous liquors.'

A bill from the Senate entitled an act to repeal in part an act passed 15th of December 1821 concerning Col. Samuel Dale was read a first time, and the rule being dispensed with it was read a 2nd time forthwith.

Mr. Bagby moved to strike out all of the said bill after the enacting clause; which was carried- Yeas 28- Nays 23.

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

Mr. Speaker

Dulaney

Hunter of T.

Montgomery

Taylor

Adair

Farrar

Hunter, of C.

Morton

Terrell

Abercrombie

Fearn

Hubbard

Martin

Thompson

Browne

Gayle

Hallett

McClung

Young- 28

Browning

Harris of B.

Kennedy

Oliver

Crenshaw

Harris of W.

Mead

Pope

Those who voted in the negative, are

Mr. Adams

Davis

Hill

Rutherford

Winston

Barclay

Edmondson

Jones

Riviere

Weissinger

Bailey

Fitz

Jackson

Rather

Williams- 23

Coleman

Ford,

Leake

Skinner

Durrett

Hardwicke

Merriwether,

Shortridge

Mr. Gayle moved to fill the blank in said bill with these words: 'so much of the acts passed at the last session of the General Assembly, as entitles Col. Samuel Dale to rank as a Brigadier General, when in service be, and the same is hereby repealed.

Mr. Davis moved to amend said amendment by the following sections:

'Sec. 2.  And be it further enacted, that nothing in the aforesaid act shall be so construed as to entitled Col. Samuel Dale to receive any allowance for forage or rations.

Sec. 3.  And be it further enacted, that the amount already received by him for rations and forage shall be applied to his next annual pension.'

The house adopted the first section of Mr. Davis's amendment; the question was then taken on adopting the second section, and carried;

Yeas 31                 Nays 16.

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

Mr. Adair

Davis

Jones

Rutherford

Weissinger

Adams

Edmondson

Jackson

Rather

Williams

Barclay

Fitz

Leake

Skinner

Young- 31

Bailey

Ford

Mead

Shortridge

Coleman

Harris of B.

Merriwether

Terrell

Dulaney

Hardwicke

Montgomery

Wallace

Durrett

Hill

Martin

Winston

Those who voted in the negative, are,

Mr. Speaker

Crenshaw

Harris of W.

Kennedy

Abercrombie

Clay

Hunter of T.

Morton

Browne

Farrar

Hubbard

Riviere

Browning

Fearn

Hallett

Sanders

Mr. Hallett moved at 5 o'clock, P.M. to adjourn till 9 o'clock to-morrow, which was lost.

Yeas 22-                  Nays 30.

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

20


154

Adair

Dulaney

Hallett

Martin

Thompson

Abercrombie

Farrar

Hill

McClung

Wallace- 22

Barclay

Fearn

Mead

Pope

Browne

Hunter of T.

Montgomery

Shortridge

Browning

Hubbard

Morton

Terrell

Those who voted in the negative, are,

Mr. Adams

Davis

Harris of W.

Leake

Sanders

Bailey

Edmondson

Hunter of C.

Merriwether

Taylor

Clay

Fitz

Hardwicke

Rutherford

Winston

Crenshaw

Ford

Jones

Riviere

Weissinger

Coleman

Gayle

Jackson

Rather

Williams

Durrett

Harris of B.

Kennedy

Skinner

Young- 30

Mr. Jackson moved that the House do adjourn till 10 o'clock to-morrow morning; which was lost.

Yeas 20- Nays 32.

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

Mr. Speaker

Bailey

Hunter, of  T.

Leake

Rather

Adair

Browne

Hubbard

Montgomery

Shortridge

Abercrombie

Browning

Hallett

Martin

Thompson

Barclay

Farrar

Jackson

McClung

Wallace- 20

Those who voted in the negative, are,

Mr. Adams

Edmondson

Hunter, of C.

Pope

Winston

Crenshaw

Fitz

Hardwicke

Rutherford

Weissinger

Clay

Farrar

Hill

Riviere

Williams

Coleman

Ford

Jones

Skinner

Young- 32

Dulaney

Gayle

Kennedy

Sanders

Durrett

Harris of B.

Mead

Taylor

Davis

Harris of W.

Merriwether

Terrell

Mr. Speaker moved that this House do adjourn till to-morrow morning 9 o'clock; which was carried.

Yeas 32- Nays 19.

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

Mr. Speaker

Browning

Harris of W.

Leake

Rather

Adair

Coleman

Hunter of T.

Mead

Shortridge

Abercrombie

Dulaney

Hubbard

Montgomery

Thompson

Adams

Edmondson

Hallett

Martin

Wallace- 32

Barclay

Farrar

Hill

McClung

Bailey

Fearn

Jackson

Oliver

Browne

Harris of B.

Kennedy

Pope

Those who voted in the negative, are,

Mr. Crenshaw

Ford

Jones

Skinner

Weissinger

Clay

Gayle

Merriwether

Sanders

Williams

Davis

Hunter of C.

Rutherford

Taylor

Young- 19.

Fitz

Hardwicke

Riviere

Winston