Thursday, December 5

Mr. Edmondson, from the committee on Propositions and Grievances to whom was referred the petition of sundry inhabitants of Erie, reported

A bill, to be entitled "an act to amend an act incorporating the town of Erie;" which was read a first time, and ordered to be read a second time to morrow.

Mr. Mead, from the committee on Roads, Bridges, Ferries &c. to whom was referred the petition of Elisha Thomas and Davis Gurley reported.

A bill to be entitled a "an act authorizing Elisha Thomas and Davis Gurley and their associates to turnpike a certain road therein designated;" which was read a first time and ordered to be read a second time to morrow.


55

Mr. Mead from the same, committee to whom was referred a bill, to be entitled "an act to authorize David Crocheron and his associates, to erect a bridge across the Alabama river, at or near the mouth of the Cahawba, reported the said bill without amendment; and further that said committee are of opinion that the law prayed for is inexpedient and ought not to pass.

Ordered that the said report lie on the table.

Mr. Mead, from the same committee, to whom was referred the petition of sundry citizens of Franklin county, reported unfavorable to the prayer of said petition; in which report the House concurred.

Mr. Shortridge, from the select committee, to whom was referred the bill, to be entitled "an act to vest in S. B. Shields, his heirs and assigns, the exclusive right to a ferry on the Tombeckbe river, in the county of Clark, at or near the town of Jackson in said county,” reported the said bill with amendments.

Ordered, That said bill be recommitted to the same committee.

Mr. Leake, from the select committee, to whom was referred a Resolution concerning the public printing reported a bill, to be entitled "an act to provide for printing and distributing the Laws and Journals;” which was read a first time, and ordered to be read a second time tomorrow.

A message was received from the Senate by Mr. Lyon, informing this House, that they concur in the amendment made by this House to the bill entitled "an act to prevent immoral and disorderly conduct at places of religious worship,” also 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 and administratrix of John Ellis, deceased, to sell and convey certain real estate;"

"An act authorizing the administrators of William Nelson, deceased, to sell certain estate therein named;"

"An act to incorporate the town of Ashville, in the county of St. Clair;"

And "an act to authorize the Governor of this state to remit all or part of any forfeiture which has, or may accrue to this state," the three former of which they have amended, and in which amendments they desire the concurrence of this House.

Mr. Pope from the committee on enrolled bills, reported that said committee had examined and found correctly enrolled, bills 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;"

And "an act to authorize Gilbert D. Taylor to emancipate certain slaves therein named."

On motion of Mr. Morton, the house took up a bill from the Senate, to be entitled "An act to alter the mode of voting in General elections by the people;" which bill was on its second reading.

Mr. Williams moved to amend said bill by striking out of the first section the words "except for militia officers, Justices of the Peace and constables," which was lost.

Yeas      26- Nays        32.

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

Mr. Crenshaw

Harris of W.

Harvey

Norwood

Terrell

      Coleman

Hunter of T.

Jones

Rutherford

Thompson

      Fitzpatrick

Hunter of C.

Jackson

Riviere

Wallace

      Ford, Gayle

Hardwicke

Kennedy

Rather

Weissinger

      Harris of B.

Hill

Merriwether

Taylor

Williams- 26

 


56

Those who voted in the negative, are,

Mr. Speaker

Browning

Farrar

Mead

Pope

     Abercrombie

Clay   Davis

Fearn

Montgomery

Skinner

     Adams, Adair

Dulaney

Hubbard

Morton

Shortridge

     Barclay

Durrett

Hunt

Martin

Sanders

     Bailey

Edmondson

Hallett

McClung

Winston

     Browne

Fitz

Leake

Oliver

Young- 32.

Mr. Gayle moved that the further consideration of said bill be indefinitely postponed; which was decided in the negative- Yeas 28, Nays 30.

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

Mr. Abercrombie

Ford

Hardwicke

Merriwether

Thompson

     Browning

Gayle

Hill

Norwood

Wallace

     Crenshaw

Harris of Wil.

Harvey

Rutherford

Weissinger

     Coleman

Harris of Bald.

Jones

Riviere

Williams- 28

     Fitzpatrick

Hunter of Con.

Jackson

Taylor

     Fitz

Hunter of Tusk.

Kennedy

Terrell

Those who voted in the negative, are,   

Mr. Speaker

Clay

Fearn

Montgomery

Rather

      Adair

Durrett

Hubbard

Morton

Skinner

      Adams

Durrett

Hunt

Martin

Shortridge

      Barclay

Davis

Hallett

McClung

Sanders

      Bailey

Edmondson

Leake

Oliver

Winston

      Browne

Farrar

Mead

Pope

Young- 30

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

And then the House adjourned till 2 o'clock this evening.

Evening Session.

A bill to be entitled "an act regulating appeals in criminal cases," was read a second time and ordered to lie on the table.

A bill, to be entitled "an act to alter the times of holding the General Annual Elections," was read a third time. On motion of Mr. Jackson

Ordered, that the further consideration of said bill be indefinitely postponed.

A bill to be entitled "an act to declare certain roads therein named, public highways," was read a second time. On motion of Mr. Jackson,

Ordered, that the further consideration of said bill be indefinitely postponed.

On motion of Mr. Young, the house took into consideration a bill, to be entitled "an act for the relief of persons engaged in Farming &c."

Mr. McClung moved, that the further consideration of said bill be indefinitely postponed: which was decided in the affirmative.

Yeas 30               Nays 24.

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

Mr. Speaker

Crenshaw

Fearn

Kennedy

Pope

      Adair

Clay

Ford

Montgomery

Rutherford

      Barclay

Dulaney

Harris of B.

Morton

Taylor

      Bailey

Edmondson

Hallett

Martin

Thompson

      Browne

Fitz

Hill

McClung

Winston

      Browning

Farrar

Jackson

Oliver

Williams- 30

Those who voted in the negative, are,

Mr. Abercrombie

Fitzpatrick

Hunt

Mead

Terrell

      Adams

Gayle

Harvey

Reviere

Wallace

      Coleman

Harris of W.

Hardwicke

Rather

Weissinger

      Durrett

Hunter of C.

Jones

Skinner

Young- 24

      Davis

Hubbard

Leake

Sanders

A bill to be entitled "An act to exempt the citizens of the town of Selma from working on Roads beyond the limits of the said town;” was read a second time and ordered to be engrossed for a third reading to-morrow.


57

A bill, to be entitled "An act to reduce the pay of the members of the General Assembly,” was read a second time.

Mr. Morton moved to amend said bill, by striking therefrom all after the enacting clause, and inserting in lieu thereof the following.

"That the members of the General Assembly are hereby authorized to receive as compensation for their services any sum not exceeding the pay that is now allowed them by law,” which was decided in the affirmative. Mr. Gayle moved that the further consideration of said bill be indefinitely postponed; which was decided in the negative.

Yeas       17     Nays       38

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

Mr. Abercrombie

Dulaney

Gayle

Riviere

Williams- 17.

       Barclay

Davis

Harris of B.

Skinner

       Bailey

Edmondson

Kennedy

Terrell

       Browne

Ford

Mead

Weissinger

Those who voted in the negative, are,

Mr. Speaker

Fitzpatrick

Hallett

Martin

Sanders

       Adair

Fitz

Hardwicke

Morton

Taylor

       Adams

Fearn

Hill

McClung

Thompson

       Browning

Farrar

Harvey

Oliver

Wallace

       Crenshaw

Harris of W.

Jones

Pope

Winston

       Clay

Hunter of C.

Jackson

Ratherford

Young- 38

       Coleman

Hubbard

Leake

Rather

       Durrett

Hunt

Montgomery

Shortridge

Mr. Leake moved to amend Mr. Morton's amendment by inserting after the word "exceeding” the words "three dollars per day;” which was lost.

Yeas       25, Nays          30

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

Mr. Speaker

Durrett,

Hardwicke,

McClung,

Skinner,

       Adams,

Fitz,

Jones,

Oliver,

Shortridge,

       Crenshaw

,Fearn,

Jackson,

Pope,

Taylor,

       Clay,

Harris, of W.

Leake,

Rutherford,

Thompson,

       Coleman,

Hunter, of C.

Montgomery,

Rather,

Young- 25

Those who voted in the negative,

Mr. Adair,

Dulaney,

Gayle,

Harvey,

Sanders,

       Abercrombie,

Davis,

Harris, of B.

Kennedy,

Terrell

       Barclay,

Edmondson,

Hubbard,

Mead,

Wallace,

       Bailey,

Fitzpatrick,

Hunt,

Martin,

Winston,

       Browne,

Ford,

Hallett,

Morton,

Weissinger

       Browning,

Farrar

Hill,

Riviere,

Williams,- 30

Ordered, That the said bill be referred to a select committee.

Whereupon, Messrs. Abercrombie, Montgomery, and Hunter, of C. were appointed said committee.

A message was received from the Senate by Mr. Dick, one of the clerks, informing this House that they had read a third time and passed a bill, originating in this House, entitled "An act to suppress the evil practice of fire hunting;” also, that they had read a third time and passed bills of the following titles, to wit:

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

"An act in relation to the estate of James White, deceased;” and,

"An act to authorize Mary Jones, administratrix of Thomas Jones, deceased to sell and convey certain real estate;” which originated in their body, and in which they desire the concurrence of this House.

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

8


58

retary informing this House, that they had read a third time and passed.

"Resolutions providing for the appointment of persons to examine the manuscript copy of the Digest of the laws of this state;” in which they desire the concurrence of this House.

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