Tuesday, December 31.

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:

'Resolutions authorizing commissioners to establish a road leading from the city of Mobile, to the line of the state of Mississippi,' which they had amended; and in which amendments, they desire the concurrence of this house.

'An act to set apart a separate fund for the support of the power in each county,' which they had amended; and in which amendments, they desire the concurrence of this house.

'An act for the benefit of Sarah Strother, administratrix of George H. Strother, deceased, and to authorize her to sell certain real estate therein named,' which they had amended and in which amendments, they desire the concurrence of this house.

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

'An act relative to turnpike roads;'

'An act to provide for the election of justices of the peace and constables;'

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


166

'Memorial to Congress relative to the public lands;'

'An act for the preservation of Court houses within this state;'

'An act authorizing a levy in St. Clair county,' which they had amended; and in which amendments they desire the concurrence of this house.

'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, passed 27th November, 1821;'

'An act to appoint two commissioners for the superintendence of the public buildings in the county of Franklin;' which they had amended; and in which amendments they desire the concurrence of this house.

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

'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.'

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 changing the name of Big spring in Franklin county;'

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 ports of Mobile and Blakeley;'

'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;'

'An act to authorize a change of venue in chancery causes in certain cases;'

'An act for the relief of certain tax collectors therein named;'

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

'An act to authorize the Judge of the county court of Mobile county to take possession of the Spanish Records;'

'An act for the regulation of assessors and tax collectors, so far as relates to the payment of money.'  Resolution requesting the Governor to procure a correct map of this state;'

'An act to appoint commissioners to lay out two roads from the ford of Line creek; the one to Coffeeville, the other to Tuskaloosa;'

'An act to authorize the administrators of John Lucas, and the administrator of John Waugh, deceased, to sell real estate;'

'An act to refund to James Mixon a sum of money improperly assessed and collected'

'Memorial to the Congress of the United States, on the subject of the fortifications at Mobile Point and Dauphin Island;'

'An act to incorporate the town of Jonesborough in Jefferson county;'

'An act to amend an act passed Dec. 17th, 1821, entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes;'

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

'An act to divide the state into districts for electing Representatives to Congress;'

'Resolution for the relief of John A. Elmore;'

'An act relative to the securities of clerks, sheriffs, and other officers

Resolutions concerning the loan from the Tombeckbe Bank;'


167

'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;'

Resolutions to repeal a resolution allowing to the comptroller two hundred and fifty dollars in addition to his present salary, passed at the last session of the General Assembly.

'An act concerning the Huntsville Masonic Lottery;'

'An act authorizing the Judge of the county court of Mobile county to appoint a public weigher in the city of Mobile;'

'An act authorizing George Cox, administrator of Benjamin Cox, deceased, to sell and transfer certain real estate;'

'An act in relation to the estate of James White deceased;' and

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

Ordered, that a resolution proposing to the people of the State of Alabama, changes in the Constitution of this State therein mentioned, be spread on the journals in its original form.

A resolution proposing to the people of the State of Alabama, changes in the constitution of this State, therein mentioned.

Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, that the following amendments to the constitution of this state, be proposed to the people.

1.  The sessions of the General Assembly shall, from and after the final adoption of these changes be held once in every two years.

2.  The members of the House of Representatives shall be chosen by the qualified electors, and shall serve two year.

3.  The Senators shall be chosen in the same manner, for the term of four years.

4.  At the first session after those changes shall take effect, the senators shall be divided by lot into two classes as nearly equal as may be; the seats of the first class shall be vacated at the expiration of two years; and those of the second class, at the expiration of two years.

5.  The enumeration of the inhabitants of this state, which would agreeably to the constitution be directed by the General Assembly at their meeting in the year 1826, shall be directed by the General Assembly, at their meeting in the year 1825.

6.  A State Treasurer and Comptroller shall be biennially elected by joint vote of both houses of the General Assembly, and shall serve for two years.

7.  The arrangement and designation of the boundaries for the several counties within the limits of this state, to which the Indian title may have been extinguished, which would agreeably to the constitution be made by the General Assembly, at their meeting in the year 1828, or at the next succeeding session shall be made by the General Assembly at their meeting, in the year 1829.

Mr. Rutherford moved, that his House do now proceed to consider said resolution; which was carried.

Yeas 26- Nays 21.

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

Mr. Speaker

Browning

Farrar

Ford

Mead

Skinner

Adams

Coleman

Hardwicke

McClung

Terrell

Barclay

Dulaney

Hill

Rutherford

Thompson

Bailey

Durrett

Jones

Riviere

Wallace

Browne

Edmondson

Kennedy

Rather

Winston- 21

 


168

Those who voted in the negative, are,

Mr. Adair

Fearn

Jackson

Pope

Young-21

Abercrombie

Harris of B.

Leake

Sanders

Crenshaw

Harris of W.

Montgomery

Taylor

Clay

Hunter of C.

Merriwether

Weissinger

Davis

Hubbard

Martin

Williams

Mr. Rutherford moved to strike out of the said resolution, the 4th member thereof; which was carried.

Mr. Weissinger moved the following amendments 'and that each county of this state shall have one senator;' which was lost.

Yeas 19            Nays 31.

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

Mr. Bailey

Davis

Hallett

Merriwether

Thompson

Browne

Farrar

Hardwicke

Riviere

Wallace

Browning

Harris of B.

Jones

Taylor

Weissinger- 19

Crenshaw

Harris, of W.

Mead

Terrell

Those who voted in the negative, are,

Mr. Speaker

Dulaney

Hill

McClung

Winston

Adair

Durrett

Jackson

Oliver

Williams

Abercrombie

Edmondson,

Kennedy

Pope

Young- 31

Adams

Fearn,

Leake,

Rutherford

Barclay

Ford

Montgomery

Rather

Clay

Hunter, of C.

Morton

Skinner

Coleman

Hubbard,

Martin

Sanders

Mr. Pope moved, that said resolutions lie on the table; which was lost

Yeas 24                 Nays 25.

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

Mr. Adair

Davis

Hill

Oliver

Winston

Abercrombie

Fearn

Jackson

Pope

Weissinger

Browning

Harris, of B.

Leake,

Sanders

Williams

Crenshaw

Hunter, of C.

Merriwether

Taylor

Young- 24

Clay

Hubbard

Montgomery

Thompson

Those who voted in the negative, are,

Mr. Speaker

Coleman

Ford

Mead

Riviere

Adams

Dulaney

Harris of W.

Morton

Rather

Barclay

Durrett

Hardwicke

Martin

Skinner

Bailey

Edmondson

Jones

McClung

Terrell

Browne

Farrar

Kennedy

Rutherford

Wallace- 25

Mr. Williams moved to amend said resolution by striking out of the second member thereof, the word 'two' and inserting in lieu thereof, the word 'one' so as to make the term of service of members of the House of Representatives for one year only; which was lost.

Yeas 4                    Nays 35

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

Mr. Harris of B.

Riviere,

Weissinger

Williams- 4

Those who voted in the negative, are,

Mr. Speaker

Clay

Hubbard

Montgomery

Skinner

Adair

Coleman

Hardwicke

Morton

Sanders

Adams

Dulaney

Hill

Martin

Taylor

Barclay

Durrett

Jones

McClung

Terrell

Bailey

Edmondson

Kennedy

Oliver

Thompson

Browne

Farrer

Leake

Rutherford

Wallace

Browning

Ford

Mead

Rather

Winston- 35

Mr. Jackson moved the following amendment, which was adopted-

'And that the House of Representatives shall never consist of more than sixty members.'

Mr. Abercrombie moved, that the further consideration of said resolution, be postponed till next Monday;- which was carried.


169

Mr. Martin, from the select committee, to whom was referred a bill, entitled 'An act to incorporate the Limestone Navigation Company, reported the same without amendment.'  Ordered, that said bill lie on the table.

Engrossed bills of the following titles, to wit: 'An act to make appropriations for the year 1823;' 'An act to empower the county court of Tuskaloosa to appoint a jury to view a public road leading from the south end of Market street in the town of Tuskaloosa;' 'An act authorizing Wm. Breedlove, to sell certain real estate therein named,' were severally read a 3d time & passed.  Ordered, That the titles be as aforesaid.

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

An engrossed bill, entitled 'an act respecting bail in civil cases,' was read a third time.  And the question being put, shall this bill pass? - it was decided in the negative.

Yeas 22- Nays 25.

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

Mr. Adams

Crenshaw

Hunter of T.

Rutherford

Terrell

Barclay

Coleman

Hardwicke

Riviere

Weissinger- 22

Bailey

Davis

Jones

Rather

Browne

Ford

Mead

Sanders

Browning

Harris of W.

Morton

Taylor

Those who voted in the negative, are,

Mr. Speaker

Farrar

Hill

Montgomery

Thompson

Adair

Fearn

Jackson

Martin

Wallace

Clay

Hunter of C.

Kennedy

McClung

Winston

Durrett

Hubbard

Leake

Oliver

Williams

Edmondson

Hallett

Merriwether

Pope

Young- 25

Mr. Sanders, from the select committee to whom was referred the petition of the administrator of John Watt, deceased,- made a report unfavourable, to said petition: in which report the House concurred.

Ordered, that a bill, entitled 'an act for the relief of securities,' be laid on the table.

A bill, from the senate, entitled 'an act to provide for drawing jurors to serve in the circuit courts of the county of Dallas,' was 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 appointed Messrs. Hopkins, Moore and Murphy, a committee to confer with the committee appointed on the part of this house, on the subject of the disagreement, between the two houses on the amendments to the bill, entitled 'an act to provide the emancipation of slaves;' Also, that they had read a third time and passed bills originating in this house of the following titles, to wit 'An act to exempt certain persons therein mentioned, from serving in the militia of this state,' which they had amended; and in which amendments they desire the concurrence of this House.

'A memorial to the Congress of the United States; to procure further relief to the purchasers of public lands in this state;' which they had amended; and in which amendments they desire the concurrence of this house.   Also, that they had read a third time and passed, a bill originating in their house, entitled

'An act making appropriation for the payment of certain claim against the state;' in which they desire the concurrence of this House.

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

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

22


170

'An act for the relief of Sarah Strother, administratrix of George H. Strother, deceased;' 'An act to set apart a separate fund for the support of the poor in each county;' and Resolutions, authorizing commissioners to establish a public road leading from the city of Mobile, to the line of the state of Mississippi;-

'Bill, entitled 'an act making appropriations, for the payment of certain claims against the 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.

Amendments made by the Senate to bills of the following titles, to wit:

'Memorial to the Congress of the United States to procure further relief to the purchasers of public lands in this state;' and 'An act to exempt certain persons therein mentioned from serving in the militia of this state:' were severally read and concurred in by this house.

Mr. Adair introduced a joint resolution requiring the tax collector of Madison county to pay such sum of money into the Planters' and Merchants' Bank of Huntsville, as he may be directed by the Comptroller; which was read three several times forthwith and passed.

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

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

Evening- 3 o'clock.

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 then taken up and read a second time.

Mr. Adair moved to strike out of the said bill, the words 'fifteen hundred' before the word 'dollars' in that part of said bill, making an allowance to H. Toulmin for digesting the statute laws --  which was carried.

Mr. Williams moved to fill the blank occasioned thereby, with 'nineteen hundred and ninety:' which was carried:

Yeas 22               Nays 21.

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

Mr. Speaker

Farrar

Jackson

Pope

Weissinger

Bailey

Harris of W.

Kennedy

Rutherford

Williams- 22

Browne

Hunter of C.

Mead

Riviere

Browning

Hallett

Morton

Terrell

Crenshaw

Hill

Oliver

Thompson

Those who voted in the negative, are,

Mr. Adair

Dulaney

Harris of B.

Leake

Winston- 21

Adams

Durrett

Ford

Montgomery

Barclay

Davis

Hubbard

McClung

Clay

Edmondson

Hardwicke

Skinner

Coleman

Fearn

Jones

Sanders

The bill was then read a third time and passed.

Ordered, that the senate be acquainted therewith.

On motion of Mr. Williams, Resolved by the House of Representatives, that a committee be appointed to act with such committee as may be appointed on the part of the Senate, for the purpose of informing the Governor, that the two houses have gone through the business before them and if he had no further communication to make, are now ready to adjourn sine die.  Whereupon, Messrs, Williams, Sanders and Hallett were appointed a committee on the part of this house.

A message was received from the Senate by Mr. Smith, 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 administrator of John Turrentine, and the administrator and administratrix of William Lambkin, decreased, to sell certain lands therein designated;'


171

'An act divorcing certain persons therein named;' which they have amended; and in which amendments they desire your concurrence.

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

'A memorial to the Congress of the United Sates relative to the sales of public lands in this state,' which they have amended, and in which amendments they desire the concurrence of this house.  Also, that they disagree to the amendments made by this house to the bill, entitled

'An act amendatory to the laws now in force concerning strays.'

A bill from the Senate, entitled 'an act to repeal in part and amend an act entitled an act to regulate elections, passed at Huntsville 16th Dec. 1819;' was read a third time and passed.

Ordered, that the senate be acquainted therewith.

Ordered, that this house concur in the amendments made by the senate to the memorial to the Congress of the United States, concerning settlers of public lands in this state.

Ordered, that the house disagree to the amendments made by the senate to the bill, entitled 'an at divorcing certain persons therein named.'

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

'Resolutions, authorizing commissioners to establish a road leading from the city of Mobile, to the line of the state of  Mississippi;'

'An act for the relief of Sarah Strother, administratrix of George H. Strother, deceased;' 'An act to exempt certain persons therein mentioned from serving in the militia of this state;' 'An act to authorize the levy of a tax in St. Clair county, for the purpose of building a court house;'

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

'A memorial to Congress in relation to the public lands;' 'An act to legalize the election of certain officers in Decatur county;' 'An act to repeal an act incorporating the town of Jackson in Clarke county;'

'An act to authorize the Judge of the county court of Mobile county to purchase of lot of ground for the purpose of erecting thereon, the public buildings of said 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;' 'An act relative to Turnpike roads;' 'An act to authorize the Treasurer of this state to receive a sum of money therein mentioned;' and 'An act for the preservation of court houses within this state,'

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

And then the house adjourned till 6 o'clock this evening.

Evening- 6 o'clock.

Ordered, that Messrs. Fearn, Martin, Clay, and Weissinger be added to the committee on enrolled bills.

And then the house adjourned till to-morrow 9 o'clock.