Monday, Dec. 30, 1822.

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 define & make plain the western boundary line of Blount county,'

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

'An act concerning writs of error coram vobis;'

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

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

'An act to alter the boundaries of Perry county;'

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

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

'An act authorizing Elisha Thomas and Davis Gurley and their associates to turnpike a certain road therein designated;'

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


160

The house then took into consideration a bill entitled, 'an act for the relief of Robert H. Gregg, late tax collector of Wilcox county;' which was read a third time and lost.

A bill from the senate, entitled 'an act to provide for drawing Grand and Petit Jurors to serve in the circuit court of Dallas county;' was read a second time, and ordered to be read a third time to-morrow.

Resolution from the senate, defining more particularly the boundary lines of certain counties therein mentioned, and for other purposes,- was read a third time and lost.

Resolution from the senate, for the relief of M. D. Thomason, was read a third time, and referred to the committee on accounts.

Mr. Leake, from the committee of ways and means, reported, a bill, to be entitled 'An act to make appropriations for the year 1823;' which was read a first time and laid on the table.

Mr. Mead, from the committee on roads, bridges, ferries, & c. reported a bill, to be entitled 'an act to empower the county court of Tuskaloosa to appoint a jury to view a public leading from the south end of he market street in the town of Tuskaloosa;' which was 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 on to-morrow.

Mr. Morton from the select committee to whom was referred the petition of Williams H. Robertson of the town of Mobile: reported, that said petition ought not to be granted; in which report the House concurred.

Mr. Morton, from the committee on ways and means, to whom was referred the petition of sundry inhabitants of Lawrence county, praying exemptions in favor of Pedlers: Reported, that it is inexpedient at this time to pass the law prayed for, in which report the house concurrence.

The house then took into consideration a bill, to be entitled 'an act authorizing the emancipation of a negro man Martin; which was read a second time, and the rule being dispensed, it was read a third time, and the question being put, shall this bill pass?  It was decided in the affirmative- Yeas 28- nays 20.

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

Mr. Speaker

Clay

Jones

Oliver

Winston

Adams

Dulaney

Leake

Rather

Weissinger

Barclay

Fearn

Montgomery

Skinner

Williams

Bailey

Harris of B.

Morton,

Sanders

Young- 28

Browne

Hunter of C.

Martin

Terrell

Crenshaw

Hallett

McClung

Thompson

Those who voted in the negative, are,

Mr. Adair

Davis

Hubbard

Kennedy

Rutherford

Browning

Edmondson

Hardwicke

Mead

Riviere

Coleman

Ford

Hill

Merriwether

Taylor

Durrett

Hunter of T.

Jackson

Pope

Wallace- 20

Ordered, that the title be as aforesaid.

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

Bill from the Senate, entitled 'an act for the relief of certain persons therein named,' was read a third time and lost.

An engrossed bill, entitled 'an act more effectually to secure the public revenue,' was then taken up.

Mr. Clay offered the following amendment:

Sec.  And be it further enacted, that it shall not be lawful for any person who may be appointed to assess the property, and collect the taxes of any county, with in this State, to collect any part of the taxes before the said assessor and collector shall have completed his assessment and have


161

deposited a copy of his assessment in the clerk's office of his county, and shall have transmitted a copy of said assessment to the Comptroller of public accounts;' which amendment was lost- Yeas 20- Nays 29.

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

Mr. Adair

Clay

Hubbard

Martin

Taylor

Abercrombie

Farrar

Hill

McClung

Thompson

Browne

Hunter of T.

Jackson

Pope

Winston

Browning

Hunter, of C.

Kennedy

Skinner

Young- 20

Those who voted in the negative, are

Mr. Speaker

Dulaney

Hallett

Montgomery

Sanders

Adams

Durrett

Hardwicke

Morton

Terrell

Barclay

Davis

Jones

Oliver

Wallace

Bailey

Edmondson

Leake

Rutherford

Weissinger

Crenshaw

Ford

Mead

Riviere

Williams- 29

Coleman

Harris, of B.

Merriwether

Rather

The bill was then read a third time and passed.

Ordered, that the titled be as aforesaid.

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

A bill from the senate entitled 'an act in relation to the estate of James white,' was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

An engrossed bill, entitled, 'an act to authorize the legal representatives of R. H. Draughon, deceased, to dispose of certain real estate, therein named,' 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.

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

'An act to authorize the administratrix of Davis H. Mayhew, deceased, to sell real estate;' and

'An act authorizing George Cox, administrator of Benjamin Cox, deceased, to sell and transfer certain real estate,' were severally read a third time and passed.  Ordered, that the Senate be acquainted therewith.

Engrossed bills of the following titles, to wit:

'An act concerning the council of the town of Belle Fonte;'

'An act to extend the time of payment and to secure a certain sum of money due this state from John M. Taylor,' 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.

An engrossed Resolution allowing John D. Terrell compensation for surveying the Buttahachee river, was read a third time.

Mr. Clay moved that the further consideration of the said bill be indefinitely postponed; which was carried- Yeas 26- Nays 19.

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

Mr. Speaker

Coleman

Hunter of T.

Jones

Pope

Abercrombie

Dulany

Hunter of C.

Kennedy

Rather- 26

Adams

Durrett

Hubbard

Mead

Bailey

Davis

Hallett

Montgomery

Browne

Edmondson

Hardwicke

Morton

Clay

Ford

Hill

McClung

Those who voted in the negative, are

Mr. Adair

Harris of B.

Merriwether

Skinner

Winston

Barclay

Harris of W.

Martin

Taylor

Williams

Browning

Jackson

Oliver

Thompson

Weissinger- 19

Fearn

Leake

Rutherford

Wallace

Mr. Abercrombie moved, that the House do now proceed to consider a bill from the Senate, entitled 'an act to authorize the administrators of

21


162

John Lucas, and the administrator of John Waugh, deceased, to sell real estate; which was decided in the affirmative.  Yeas 32- Nays 11.

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

Mr. Abercrombie

Dulaney

Hunter of T.

Montgomery

Wallace

Adams

Davis

Hunter of C.

McClung

Williams

Barclay

Farrar

Hallett

Oliver

Weissinger

Browne

Ford

Hardwicke

Pope

Young- 32

Browning

Fearn

Jones,

Rutherford

Crenshaw

Harris of B.

Leake

Rather

Coleman

Harris of W.

Mead

Thompson

Those who voted in the negative, are,

Mr. Speaker

Hubbard

Martin

Taylor

Bailey

Jackson

Riviere

Winston- 11

Durrett

Merriwether

Sanders

The bill was then read a third time, and the question being put, Shall this bill pass?  it was decided in the affirmative.           Yeas 24- Nays 22.

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

Mr. Abercrombie

Coleman

Harris of W.

Jones

Rutherford

Barclay

Dulaney

Hunter of T.

Leake

Rather

Brown

Davis

Hunter of C.

Montgomery

Thompson

Browning

Edmondson

Hallett

McClung

Weissinger- 22

Crenshaw

Farrar

Hill

Oliver

Those who voted in the negative, are,

Mr. Speaker

Fearn

Jackson

Riviere

Williams

Adair

Ford

Kennedy

Skinner

Young- 22

Adams,

Harris of B.

Mead

Sanders

Bailey

Hubbard

Merriwether

Taylor

Durrett

Hardwicke

Martin

Winston

Ordered, that the Senate be acquainted therewith.

Mr. Rather moved that this House do now proceed to consider the bill to be entitled 'an act to authorize the administrator of John Turrentine and the administrators and administratrix of William Lambkin, deceased, to sell certain land therein mentioned;' which was carried.

Yeas 26                  Nays 23

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

Mr. Abercrombie

Harris of W.

Leake

Rather

Williams

Adams

Hunter of T.

Mead

Sanders

Young- 26

Crenshaw

Hunter of C.

McClung

Terrell

Clay

Hallett

Oliver

Thompson

Farrar

Hardwicke

Pope

Wallace

Fearn

Jones

Rutherford

Weissinger

Those who voted in the negative, are,

Mr. Speaker

Browning

Edmondson

Jackson

Riviere

Adair

Coleman

Ford

Kennedy

Skinner

Barclay

Dulaney

Harris of B.

Merriwether

Winston- 23

Bailey

Durrett

Hubbard

Montgomery

Browne

Davis

Hill

Marti

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

Evening Session.

Mr. Pope, from the joint committee on enrolled bills, reported that said committee had examined a bill entitled, 'An act to establish a public road from Ditto's landing to Marston Mead's in Blount country;' and find that it is correctly enrolled.

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 revise, consolidate and amend the several acts relative to the militia of this state;' which they have amended; and in which amendments, they desire concurrence of this house

Engrossed bills of the following titles, to wit:

'An act to make appropriations for certain claims against the state of


163

'An act for the relief of Edmund Freeman, late tax collector of Baldwin county;' 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.

The house then took into consideration the bill, entitled 'an act to authorize the administrator of John Turrentine, deceased, and the administrator and administratrix of William Lambkin, deceased, to sell certain lands therein designated;' which was read a third time.

And the question being put, shall this bill pass?  it was decided in the affirmative.

Yeas 26- Nays 16.

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

Mr. Abercrombie

Harris of B.

Leake

Rather,

Williams

Adams

Harris, of W.

Mead

Sanders,

Young- 26

Barclay

Hunter of C.

Morton

Terrell

Brown

Hallett

McClung

Thompson

Browning

Hill

Oliver

Wallace

Farrar

Jones

Rutherford

Weissinger

Those who voted in the negative, are,

Mr. Speaker

Durrett

Hubbard

Martin

Clay

Davis

Hardwicke

Riviere

Coleman

Edmondson

Jackson

Skinner

Dulaney

Ford

Merriwether

Taylor- 16

Ordered, that the title be as aforesaid.  Ordered, that said bill be sent to the senate for their concurrence.

Ordered, that this house concur in the amendments make by the senate to a bill, entitled,

'An act to revise, consolidate, and amend the several acts relative to the militia of this state.'

Mr. Hallett, from the committee on accounts, to whom was referred a resolution for the relief M.D. Thomason reported the same without amendment.

The said resolution was then read a third time and passed.

Ordered, that the senate be acquainted therewith.

A bill, to be entitled 'an act authorizing William Breedlove to sell certain real estate therein named,' was read a second time, and ordered to be engrossed, and be read a third time to-morrow.

On motion of Mr. Durrett, 'Resolved, that this house will not take up any more bills which have been laid on the table, on the subject of manumitting slaves or to authorize administrators or guardians to sell real estate.'

A bill, to be entitled, 'an act concerning judicial proceedings,' was read a second time.

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

The house then took into consideration a bill from the Senate, entitled

'An act to authorize the granting of letters testamentary without security in the cases therein named.'

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

Yeas 25.    Nays 16.

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

Mr. Speaker

Browning

Harris of B.

Leake

Taylor

Adair

Coleman

Hunter of C.

Merriwether

Terrell

Adams

Durrett

Hill

Riviere

Wallace

Barclay

Davis

Jones

Skinner

Weissinger

Browne

Ford

Jackson

Sanders

Williams- 25

 


164

Those who voted in the negative, are,

Mr. Abercrombie

Harris of W.

Mead

Rutherford

Crenshaw

Hubbard

Morton

Rather

Clay

Hallett

Martin

Winston

Fearn

Hardwicke

Oliver

Young- 16

A bill, to be entitled 'an act to make appropriations for the year 1823,' was read a second time, and ordered, to be engrossed and be read a third time to morrow.

On motion of Mr. Fearn, Ordered, that a bill, to be entitled 'an act to secure the payment of rents and interest due by lessees of school and university lands,' be postponed until the first day of the next general assembly.

A message was received from the Senate by Mr. Lyon, their secretary, informing this house, that they concur in the amendments made by this house, to a bill, entitled 'an act to repeal in part and act passed 15th, December, 1821, concerning Col. Samuel Dale.'

They concur also, in the amendments made by this House to the 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.

Also, that they adhere to their amendments to the bill, entitled 'an act to provide for the emancipation of slaves.'

Also, that they had read a third time and passed, resolutions originating in this House, concerning purchasers of lots, in the town of Cahawba, which they had amended; and in which amendments they desire the concurrence of this House.

Mr. Pope from the select committee to whom was referred resolutions proposing to the people of Alabama changes in the constitution of this State therein named- reported said resolutions with amendment.

Mr. Abercrombie moved, that the further consideration of said resolutions be indefinitely, postponed which was lost.  Yeas 10- nays 35.

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

Mr. Abercrombie

Crenshaw

Hunter of C.

Oliver

Weissinger

Browning

Harris of B.

Mead

Taylor

Williams- 10

Those who voted in the negative, are,

Mr. Speaker

Dulany

Harris of W.

Leake

Rather

Adair

Durrett

Hubbard

Merriwether

Skinner

Adams

Davis

Hallett

Montgomery

Sanders

Barclay

Edmondson

Hardwicke

Morton

Thompson

Browne

Farrar

Hill

Martin

Wallace

Clay

Fearn

Jones

Pope

Winston

Coleman

Ford

Jackson

Rutherford

Young- 35

Mr. Hardwicke moved to amend said resolution by striking out the word 'four' the purpose of inserting the word 'two' so as to make the term of service of the Senators, 'two' years which was carried.

Yeas 24                 Nays 23.

The yeas & nays being called for, those who vote din the affirmative, are,

Mr. Abercrombie

Coleman

Hardwicke

Riviere

Wallace

Adams

Durrett

Jones

Rather

Weissinger

Browne

Edmondson

Mead

Skinner

Williams

Browning

Farrar

McClung

Taylor

Winston- 24

Crenshaw

Harris of W.

Rutherford

Terrell

Those who voted in the negative, are

Mr. Speaker

Fearn

Hallett

Montgomery

Sanders

Adair

Ford

Hill

Morton

Thompson

Clay

Harris of B.

Jackson

Martin

Young- 23

Dulaney

Hunter of C.

Leake

Oliver

Davis

Hubbard

Merriwether

Pope

 


165

Ordered, that said resolution lie on the table.

An engrossed bill, entitled 'an act to exempt certain persons therein designated from serving in the militia of this state,' 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, to be entitled, 'an act respecting bill in civil cases,' was read a second time.

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

Yeas 19.                     Nays 23.

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

Mr. Speaker

Edmondson

Jackson

McClung

Wallace

Adair

Harris of B.

Leake

Oliver

Winston

Clay

Hunter of C.

Merriwether

Pope

Williams- 19

Durrett

Hubbard

Martin

Thompson

Those who voted in the negative, are,

Mr. Abercrombie

Coleman

Hallett

Rutherford

Taylor

Adams

Davis

Hardwicke

Riviere

Terrell

Browne

Fearn

Hill

Rather

Weissinger- 23

Browning

Ford

Jones

Skinner

Crenshaw

Harris of W.

Mead

Sanders

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

Ordered, that this house concur in the amendments made by the Senate, to the resolutions, entitled

'Resolutions concerning purchasers of lots in the town of Cahawba.'

Ordered, that a committee of conference be appointed on the part of this house, to meet such committee as may be appointed on the part of Senate to confer on the subject of the disagreement between the two houses on the amendments made by the senate to the bill, entitled 'an act to provide for the emancipation of slaves;' Whereupon,

Messrs. Crenshaw, Adair and Hallett were appointed said committee on the part of this house.

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