Tuesday, Dec. 3, 1822.

Mr. Adams presented two petitions: One of Nathan Briley; and one of Charles D. Taylor, praying compensation for attending court as witnesses in a criminal case therein named; which were read and referred to the committee on Accounts.

Mr. Terrell presented the petition of Nathan N. G. Allen, praying authority to build a toll bridge over the Scipsey creek;

Mr. Harris of W. presented the petition of J. A. Brantley, overseer of a road in Wilcox; which were severally read, and referred to the committee on Roads, Bridges, Ferries &c

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

"An act to incorporate the Trustees of Athens Female Academy, in Limestone county;”

"An act to mark out and establish a road leading from the city of Mobile in the county of Mobile, to Edwin Lewis's turnpike road in said county;”

"An act to authorize Gilbert D. Taylor, to emancipate certain slaves therein named;” and

"An act for the relief of Henry Stokes and others:” the latter of which they have amended by adding thereto an additional section. In which amendment they desire the concurrence of this House.

Mr. Harris of W. presented the petition of sundry inhabitants of Wilcox county, praying that a part of said county be added to Butler county; which was read and referred to the committee on County Boundaries.

A bill, to be entitled an act to alter the mode of appeals from magistrates' courts, was read a second time. Mr. Clay moved that the further consideration of said bill be indefinitely postponed; which was decided in the affirmative- Yeas 29- Nays 24. The yeas and nays being called for - those who voted in the affirmative, are,

Mr. Speaker

Dulaney

Hubbard

Montgomery

Sanders

      Adair

Durrett

Hunt

Morton

Thompson

      Barclay

Edmondson

Hill

Martin

Wallace

      Bailey

Farrar

Jackson

McClung

Winston

      Browne

Gayle

Leake

Norwood

Young- 29.

      Clay

Hunter of T

Merriwether

Pope

Those who voted in the negative, are,

Mr. Abercrombie

Davis

Hunter of C.

Kennedy

Skinner

       Adams

Fitz

Hallett

Oliver

Taylor

       Browning

Ford

Hardwicke

Rutherford

Terrell

       Crenshaw

Harris of B.

Harvey

Riviere

Weissinger- 24.

       Coleman

Harris of W.

Jones

Rather

A bill from the senate, to be entitled, an act to authorize the administrator and administratrix of Davis H. Mahew, deceased, to sell real estate, was read a third time, and ordered to lie on the table.

A bill, to be entitled, an act allowing compensation to the members of the court martial assembled at Claiborne, on the 2nd Monday in November last, for the purpose of deciding the contested election of Major General of the 4th Division of the Alabama Militia, was read a second time.

Mr. Davis moved, that the further consideration be indefinitely postponed- which was lost-Ayes 24- Nays 28.

 

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

Mr. Adams

Davis

Hardwicke

Montgomery

Rather

Barclay

Edmondson

Hill

Morton

Skinner

Bailey

Fitz

Harvey

Martin

Taylor

Coleman

Hubbard

Jones

Oliver

Winston- 24.

Durrett

Hunt

Jackson

Rutherford

Those who voted in the negative, are,

Mr. Speaker

Clay

Hunter of T.

Norwood

Weissinger

       Adair

Dulaney

Hallett

Pope

Young- 28.

   Abercrombie

Ford

Kennedy

Riviere

       Browne

Gayle

Leake

Sanders

       Browning

Harris of B.

Merriwether

Terrell

       Crenshaw

Harris of W.

McClung

Thompson

Ordered, That the said bill lie on the table.

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

An act to prevent immoral and disorderly conduct at places of religious worship: and

Resolution extending time to John Byler and his associates to open and finish a road therein named; were severally read a second time and ordered to be read a third time to morrow.

A message was received from the Senate, by Mr. Crabb, informing this house, that they had read a third time and passed, a bill entitled, "an act to authorize the emancipation of certain slaves therein named;" which originated in that house and in which they desire the concurrence of this house.

A bill from the Senate to be entitled "an act to alter the mode of voting in General elections by the people,” was read a second time, and ordered to lie on the table.

Engrossed bills of the following titles to wit: "An act for the relief of purchasers of lots at the first sales in the town of Cahawba;”

"An act to authorize Brice M. Garner to build a certain toll bridge therein named;” and "An act to establish a public road from Ditto's landing to Marston Mead's in Blount county;” were severally read a third time and passed. Ordered that the titles be changed from that of "a bill" to that of "an act."

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

An engrossed bill to be entitled "an act divorcing Nathan Briley from his wife Elizabeth Briley,” was read a third time; and on the question being put, Shall this bill pass? it was decided in the affirmative.

Yeas 44     Nays 8.

Those who voted in the affirmative, are,

Mr. Speaker

Coleman

Hunter of C.

Mead

Rather

Adair

Dulaney

Hubbard

Merriwether

Shortridge

Abercrombie

Durrett

Hallett

Montgomery

Sanders

Adams

Davis

Hardwicke

Martin

Taylor

Barclay

Edmondson

Hill

McClung

Thompson

Bailey

Fitzpatrick

Harvey

Norwood

Wallace

Brown

Farrar

Jones

Oliver

Winston

Crenshaw

Gayle

Jackson

Pope

Young- 44.

Clay

Harris of W.

Leake

Rutherford

Those who voted in the negative, are,

Mr. Browning

Ford

Riviere

Terrell

       Fitz

Harris of B.

Skinner

Weissinger- 8

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.

On motion of Mr. Morton, Resolved, by the Senate and House of Representatives, that a joint committee be appointed to take into consideration the communication of the Hon. Harry Toulmin, Esq. the subject of digesting the laws of the State of Alabama.


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Whereupon, Messrs. Morton Crenshaw, Adair, McClung, and Gayle, were appointed a committee on the part of this House.

An engrossed bill,entitled "an act for the relief of John P. Hickman and Richard Ellis,” was read a third time and 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.

A bill from the Senate, entitled "an act to authorize the emancipation of certain slaves therein named,” was read a first time, and ordered to be read a second time to-morrow.

Mr. Jackson obtained leave to introduce a bill, to be entitled "an act providing for the examination and publication of the digest of the laws of this state, made in pursuance of an act, entitled "an act to provide for digesting of the laws of the State of Alabama;” which was read a first time, and ordered for a second reading on Thursday next.

Mr. Mead, from the committee on Roads, Bridges, Ferries, &c. to whom was referred the petition of Benjamin Glover, reported, that the prayer of the petitioner is unreasonable and ought not to be granted.

Ordered, that the house concur in said report.

Bills of the following titles, to wit:

"An act concerning the Judges of the County Courts;”

"An act to amend an act, entitled "an act to appoint commissioners to lay out certain roads therein specified and for other purposes,” were severally read a second time, and ordered to be engrossed, and read a third time to morrow.

On motion of Mr. Barclay, Resolved that a select committee of seven members be appointed to inquire into the expediency of proposing any alteration or amendment to any part of parts of the Constitution of this State, at this session, with leave to report;

Whereupon, Messrs. Barclay, Oliver, Pope, Edmondson, Harris of Wil. Williams and Browning were appointed said committee.

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

Evening Session.

On motion of Mr. Sanders, Resolved, that a committee be appointed to take into consideration the propriety and manner of compensating Harry Toulmin, Esq. for digesting the laws of the State of Alabama, of this state; and that they have leave to report by bill or otherwise.

Whereupon, Messrs. Sanders, Harris, of W. Hallett, Edmondson, and Jackson were appointed said committee.

Mr. Taylor obtained leave to introduce a bill, to be entitled "an act to regulate the proceedings in justice's Courts;” which was read a first time; and the question being put, shall this bill be read a second time? It was decided in the negative.

Mr. Bailey, from the select committee, to whom was referred a resolution of this House requiring them to inquire into the expediency of adopting some measure to suppress the evil practice of electioneering reported.

That the existing law upon the subject of elections is deemed sufficiently rigid; and it is believed, that no additional amendment would more effectually tend to correct and abolish all the evils of electioneering, than the adoption of the viva voce mode of voting; and changing our sessions of the Legislature from annual to biennial.

On motion of Mr. Fearn, the House took into consideration the bill, to be entitled "an act for the relief of the Huntsville Bank;” which being


52

on its second reading, was amended, and ordered to be engrossed for a third reading to-morrow.

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