Saturday, December 28, 1822.

A message was received from the Senate by Mr. Sullivan, informing this House, that they had read a third time and passed a bill, originating in this House, entitled 'an act to alter the boundaries of Perry county.'

Ordered, That Messrs. Fitz and  Shortridge  have leave of absence during the remainder of the session.

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 providing for the election of sheriff in certain cases and for other purposes;'

'An act to prescribe the mode of certifying executions from justices of the peace from one county to another;'

'An act to enforce the payment of monies collected by officers of courts;'

'Resolution for the relief of Anderson Crenshaw;'

'An act to authorize fathers to devise the custody and tuition of their infant children;'

'An act to authorize Nicholas Pope to emancipate a certain slave therein named; and,


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'Resolutions extending time to John Byler and his associates, to open and finish a road therein named.'

Mr. Edmondson, from the committee of propositions and grievances, to whom was referred the petition of John Turner, reported that said petition is unreasonable and ought to be rejected; in which report the House concurred.

Mr. Edmondson, from the same committee, reported a bill, to be entitled; 'an act for the relief of purchasers of lots in Cahawba;' which was read a first time.  On motion of Mr. McClung, ordered, that the further consideration of said bill be indefinitely postponed.

Mr. Edmondson, from the same committee, to whom was referred the petition of the commissioners of Blount county, reported a bill, to be entitled 'an act to authorize the Judge and commissioners of roads and revenue of Blount county to levy a county tax;' which was read a first time.  On motion of Mr. Winston, ordered, that the further consideration of said bill, be indefinitely postponed.

Mr. Terrrell, from the select committee, to whom was referred a bill, entitled 'an act more effectually to secure the public revenue,' reported said bill with amendments; in which the House concurred.  Ordered, that said bill be engrossed for a third reading on Monday next.

A bill, entitled 'an act to exempt certain persons therein mentioned, from serving in the militia of this state,' was read a second time, and ordered to be engrossed for a third reading on Monday next.

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

'An act to authorize the Judges of the county courts, and commissioners of roads and revenue within this state to make an allowance therein named;'

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

'An act to establish a certain road therein named;'

'An act to incorporate Jefferson Academy in the town of  Elyton, and for other purposes;' the two latter of which they have amended; and in which amendments they desire the concurrence of this house.

Engrossed bills, of the following titles, to wit:

'An act to allow persons to file, prove, and record papers;'

'An act for the relief of the tax collector of Mobile;' and,

'An act to carry into effect the laws of the United States, prohibiting the salve trade:' were severally read a third time; and the first lost, and the two latter passed.  Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the senate for their concurrence.

A bill, entitled 'an act to fix the salary of the Treasurer of the University of Alabama,' was read a third time.  And the question being put, shall this bill pass?  it was decided in the affirmative.  Yeas 28- Nays 22.

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

Mr. Speaker

Dulaney

Gayle

Mead

Shortridge

Adair

Davis

Harris of w.

Montgomery

Sanders

Abercrombie

Edmondson

Hunter of C.

Martin

Taylor

Browne

Fitz

Hubbard

McClung

Thompson- 28

Crenshaw

Farrar

Hallett

Oliver

Clay

Fearn

Hill

Pope

Those who voted in the negative, are,

Mr. Adams

Browning

Durrett

Harris of B.

Jones

Bailey

Coleman

Ford

Hardwicke

Jackson

 


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Kennedy

Rutherford

Skinner

Winston

Leake

Riviere

Terrell

Weissinger

Merriwether

Rather

Wallace

Williams- 22

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 their house, entitled an act concerning the printing, binding and disposal of the Digest of the statute laws of the state of Alabama, in which they desire the concurrence of this house.

Also, that they had read a third time and passed bills, originating in this house, entitled 'An act to define and make plain the western boundary line of Blount county;' and

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

A bill entitled 'an act to incorporate the Limestone Navigation Company,' was read a second time, and referred to a select committee, consisting of Messrs. Martin, Montgomery and Edmondson.

Engrossed bills of the following titles, to wit:

'An at to authorize the treasurer of this state to receive a sum of money therein mentioned;'

'An act to appoint two commissioners for the superintendence of the public buildings in the counties of Franklin and Lawrence;'

'An act authorizing a levy in St. Clair county;'

'An act to amend an act to authorize the Catholic congregation of Christians, in the city of Mobile, to sell real estate therein named, and for other purposes therein named, passed 27th day of Nov. 1821;' 

'An act to regulate proceedings in chancery suits;'

'An act to provide for leasing the 16th sections, and for the application of the funds arising therefrom to the purposes of education;'

'Memorial to Congress in relation to the public lands,'

'An act for the preservation of court houses within this state;' were severally read a third time & passed.  Ordered, that the titles be as aforesaid.

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

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

'An act the better to designate the line between the counties of Jackson and Decatur;'

'Resolutions 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;'

'An act appointing an agent to receive the three per cent fund,' were severally read a third time and passed.

Ordered, That the Senate acquainted therewith.

Engrossed bill, entitled 'an act divorcing certain persons therein named,' was read a third time and passed.

Ordered, That the Senate be acquainted therewith.

Engrossed bill, entitled 'an act divorcing certain persons therein named,' was read a third time and passed.  Yeas 35- Nays 10.

Those who voted in the affirmative, are,

Mr. Speaker

Dulaney

Hubbard

Mead

Shortridge

Abercrombie

Durrett,

Hallett

Merriwether

Sanders

Adams

Davis

Hardwicke

Martin

Taylor

Barclay

Edmondson

Hill

McClung

Terrell

Bailey

Fearn

Jones

Pope

Thompson

Browne

Gayle

Jackson

Rutherford

Winston

Coleman

Harris of W.

Leake

Rather

Williams- 35

Those who voted in the negative, are,

Mr. Browning

Farrar

Harris of B.

Kennedy

Skinner

Crenshaw

Ford

Hunter of C.

Riviere

Weissinger- 10

Ordered, That the title be as aforesaid.

Ordered, That the same be sent to the Senate for the concurrence.

An engrossed bill, entitled 'an act for the relief of Edward Freeman, late tax collector of Baldwin county,' was read the third time and lost.


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Bill entitled 'an act concerning Judges of the circuit courts,' was then taken up.  Mr. Davis moved to strike out the first section of said bill, which was carried.  

A message was received from the Governor by Mr. Pleasants, secretary of state, notifying this house, that the Governor did on the 26th inst. approve and sign.

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

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

'A memorial of the State of Alabama;' and on the 27th inst.

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

'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 alter and extend the boundaries of Wilcox county.'

'An act to raise a Revenue for the support of Government until otherwise provided by law;' and on this day,

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

A bill, to be entitled 'an act to extend the time of payment and to secure a certain sum of money due to this state by John M. Taylor,' was read a second time, and ordered to be engrossed for a third reading to-morrow.

On motion of Mr. Barclay, Ordered, that a Resolution of this House prohibiting the introduction of new business into this House after Monday last, be suspended.  Mr. Barclay then introduced a bill, to be entitled 'an cat concerning the Council of the town of Belle Fonte;' 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 on Monday next.

'A resolution allowing John D. Terrell compensation for surveying Buttahachee river,' was read a second tie.

Mr. Mead moved, that the further consideration of said resolution be indefinitely postponed; which was lost.     Yeas 20-              Nays 29.

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

Mr. Speaker

Durrett

Hunter of T.

Leake

McClung

Browne

Davis

Hunter of C.

Mead

Rutherford

Coleman

Fitz

Hill

Merriwether

Shortridge

Dulaney

Ford

Jones

Morton

Wallace- 20

Those who voted in the negative, are,

Mr. Adair

Farrar

Hallett

Oliver

Taylor

Abercrombie

Fearn

Hardwicke

Pope

Thompson

Barclay

Gayle

Jackson

Riviere

Winston

Browning

Harris of B.

Kennedy

Rather

Williams

Crenshaw

Harris of W.

Montgomery

Skinner

Weissinger- 29

Edmondson

Hubbard

Martin

Sanders

The bill was then ordered to be engrossed for a third reading on Monday next.

A bill entitled 'an act authorizing the emancipation of a negro man named Martin,' was read a second time, and ordered to lie on the table.

A bill from the Senate, entitled 'an act to alter the mode of giving bond and security and taking the oath of office by the agents of the 16th sections,' was read a first time, and ordered to lie on the table.


158

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

Evening- 3 o'clock.

Engrossed bills and Resolutions of the following titles, to wit:

'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 public buildings of said county;'

'Resolutions concerning the purchasers of lots in Cahawba;'

'An act concerning the printing, binding and disposal of the Digest of the statute laws of this state;'

'An act for the relief of Sarah Strother, administratrix of the estate of George H. Strother, deceased;'

'An act to legalize the election of certain officers in Decatur county;'

'An act further to regulate proceedings in suits at law;' and

'An act to provide for the election of Justices of the Peace and Constables;' 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.

'A resolution from the Senate, 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;' was read a first time.

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

The house then resumed the consideration of a bill, entitled 'an act to repeal in part and amend an act, passed 15th December, 1821, concerning Col. Samuel Dale.

The amendment offered yesterday by Mr. Gayle, as amended, was then adopted.  The bill was then 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 had read a third time and passed a bill, originating in this House, entitled,

'An act to establish a public road from Ditto's landing to Marston Mead's in Bound county;' which they have amended, and in which amendments they desire the concurrence of this house.

Also, that they concur in the amendments made by this house to the bill, entitled 'an act the better to designate the line between the counties of Jackson and Decatur.'

Also, that they had read a third time and passed, a Resolution of their body, for the relief of Matthew D. Thomason; in which they desire your concurrence.

Ordered, that this house insist on their disagreement to the amendment made by the senate to the bill, entitled

'An act to provide for the emancipation of slaves,'

Ordered, that the house concur in the amendments made by the senate to bills of the following titles, to wit:

'An act for the relief of the Tax collector of Lawrence county for the year, 1821;'

'An at to establish a certain road therein named;'

'An act to incorporate Jefferson academy in the town of Elyton' and

'An act to establish a public road from Ditto's landing to Marston Mead's in Blount county'

A bill from the senate, entitled 'an act concerning the printing, binding and disposal of the Digest of the statute laws of the state of Alabama,' was read a first time, and laid on the table.


159

A bill to be entitled 'an act to make appropriations for certain claims against the state,' was read a second time, and ordered to be engrossed for a third reading on Monday next.

Bills and a resolution from the senate 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;'

'Resolutions defining more particularly the boundary lines of certain counties therein mentioned, and for other purposes;' were severally read a first time and ordered to be read a second time on Monday next.

'Resolution from the senate, requesting the Governor to procure a correct map of this state;' was read a first time; and the rule being succesively dispensed with, it was read a 2d and 3d time forthwith and passed.

Ordered, that the senate be acquainted therewith.

Bill and resolutions from the senate, entitled.

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

'Resolution for the relief of M. D. Thomason,' were severally read a first time, and the rule being dispensed with, they were read a second time and ordered to be read a third time on Monday next.

A bill from the senate, entitled 'an at to provide for the payment of the compensation allowed by law to the commissioners appointed to lease the lands belonging to the University,' was read a second time, and the rule being dispensed with, it was read a third time and passed.

Ordered, that the senate be acquainted therewith.

Resolution from the senate, concerning the loan from the Tombeckbe bank, was read a third time and passed.

Ordered, that the senate be made acquainted therewith.

Resolution from the senate, 'providing for the organization of the 39th Regiment of Alabama militia,' was laid upon the table.

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 retain spiritous liquors,' was laid on the table.

Resolution from the senate, for the relief of John A. Elmore,- was read a third time and passed.  Ordered, that the senate be acquainted therewith.

And then the house adjourned till Monday morning, 10 o'clock.