Friday, December 6, 1822.

Mr. Hallett presented the following petitions, to wit: The petition of Pierre Registe of the County of Mobile, praying the passage of a law emancipating his child Isabella:

The petition of Marguerite Colin and others, praying the passage of a law emancipating a negro man slave named Ernest: and

The petition of sundry inhabitants of the city of Mobile, praying the repeal of a law therein named: which petitions were severally read, and referred to a select committee consisting of Messrs Hallett, Thompson and Harris of Baldwin.

Mr. Crenshaw, from the Judiciary Committee to whom was referred a resolution of this House, directing them to inquire what amendments are necessary to the existing laws in relation to summoning witnesses to attend the several courts in this State, reported, that the existing law on that subject requires no alteration.

Ordered, that the house concur in said report.

Mr. Crenshaw from the same committee, to whom was referred the Resolution of this House requiring them to examine the expediency of reducing the salaries of the Judges of the Circuit Courts, submitted a report and a resolution, which resolution is as follows:

Resolved, That it is not in the power of this Legislature to reduce the salaries of the Circuit Judges: which resolution was adopted.

Mr. Mead, from the committee, on Roads Bridges, Ferries &c. to whom was referred the petition of John Fowler, reported

A bill to be entitled "an act granting to John Fowler the right of running a Steam Ferryboat and a row boat or sail boat between the city of Mobile and the town of Blakeley;” which was read a first time and ordered to be read a second time to-morrow.

A message was received from the senate, by Mr. Bibb informing this House, that they had read a third time and passed bills, originating in that House, of the following titles, to wit:

"An act to authorize the administrator of Samuel Herberson, deceased to sell a certain tract of land therein designated:”

"An act to establish a public road from the House of John Gandie, in Morgan County, to Baltimore in Blount county;” and

"An act to authorize the administrator and administratrix of the estate of Robert Gillespy, deceased, to sell a certain tract of land therein named:” in all of which they desire the Concurrence of this House.

Mr. Browne fro the committee on County Boundaries, to whom was referred the petition of sundry inhabitants of Wilcox, reported that the prayer of said petition is unreasonable and ought not to be granted.

Ordered, That the House concur in said report.

Mr. Browne, from the same committee, to whom was referred the petition of several inhabitants of Dallas county, reported

A bill to be entitled an act to alter and extend the boundaries of Wilcox county;- which was read a first time, and ordered to be read a second time to-morrow.

Mr. Shortridge, from the select committee, to whom was recommitted the bill, to be entitled "an act to vest in Samuel B. Shields, his heirs


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and assigns, the exclusive right to a Ferry on the Tombeckbe river, in the county of Clarke, at, or near the town of Jackson in said county;" reported the said bill with amendments.

Ordered, That the House concur in said amendments.

The said bill was then 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 Senate for their concurrence.

Mr. Jackson moved that the House do reconsider the vote given yesterday on the motion to postpone the further consideration of a bill to be entitled "an act to declare certain roads therein named public highways,” indefinitely; which was carried.

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

Ordered, That the House concur in the amendments made by the Senate to the bill, entitled 'an act to organize the counties of Covington and Pike.’

Ordered, That the Senate be acquainted therewith.

An engrossed bill, entitled "an act to exempt the citizens of Selma from working on roads beyond the limits of said town,” was read a third time and passed.

Ordered, That the title be changed from that of a "A bill,” to that of "An act.”

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

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 the laws of the State of Alabama,” was read a second time, and ordered to lie on the table.

Resolution from the Senate, extending time to John Byler and his associates to open and finish a road therein named, was referred to a select committee, consisting of Messrs. Clay, Morton, and Winston.

Ordered, That the House concur in the amendment made by the Senate to the bill, entitled "an act for the relief of Henry Stokes and others."

Ordered, That the Senate be acquainted therewith.

On motion of Mr. Shortridge, Resolved, that a select committee of five members be appointed by this House, to act with a committee which may be appointed on the part of the Senate, to examine the manuscript copy of the Digest of our statutes, compiled by the Hon. Harry Toulmin, and report the same to this House, with such amendments as they may deem proper.

Whereupon, Messrs. Shortridge, Oliver, Gayle, Crenshaw and McClung were appointed said committee.

Resolutions from the Senate, 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, were read a first time and ordered for a second reading to-morrow.

Bills of the following titles, to wit:

"An act amendatory of an act, entitled an act to establish the temporary seat of justice in the county of Decatur, and for other purposes; so far as the same relates to the location of the public buildings in the county of Pickens;”

"An act for the relief of Robert Coyle;” and

"An act to amend an act incorporating the town of Erie:” were severally read a second time, and ordered, the first to lie on the table, and the two latter to be engrossed for a third reading to -morrow.


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A bill, to be entitled "an act authorizing Elisha Thomas and Davis Gurley and their associates, to turnpike a certain road therein named,” was read a second time and referred to a select committee.

Whereupon, Messrs. Terrell, Mead and McClung were appointed said committee.

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 third time;

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

Yeas 28- Nays 30.

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

Mr. Speaker

Clay

Fearn

Montgomery

Shortridge

      Adair

Dulaney

Hubbard

Martin

Sanders

      Adams

Durrett

Hunt

McClung

Winston

      Barclay

Davis

Hallett

Pope

Young- 28.

      Bailey

Edmondson

Leake

Rather

      Browne

Farrar

Mead

Skinner

Those who voted in the negative, are,

Mr. Abercrombie

Ford

Hardwicke

Merriwether

Taylor

      Browning

Gayle

Hill

Morton

Terrell

      Crenshaw

Harris of B.

Harvey

Norwood

Thompson

      Coleman

Harris of W.

Jones

Oliver

Wallace

      Fitzpatrick

Hunter of C.

Jackson

Rutherford

Weissinger

      Fitz

Hunter of T.

Kennedy

Riviere

Williams- 30

A bill, to be entitled "an act to provide for printing and distributing the laws and journals," was read a second time and ordered to be engrossed for a third reading on Monday next.

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

'An act to authorize Mary Jones administratrix of Thomas A. Jones deceased, to sell and convey certain real estate;’

"An act in relation to the estate of James White deceased," were severally read a first time and ordered to be read a second time to-morrow.

Resolutions from the Senate, providing for the appointment of persons to examine the manuscript copy of the digest of the laws of this State; was ordered to lie on the table.

Bill from the Senate, entitled "an act to authorize Eathers to devise the custody and tuition of their infant children.” was read a first time, and ordered to be read a second time to-morrow.

Mr. Pope, from the committee on Enrolled Bills, reported that said committee have examined and found correctly enrolled bills of the following titles, to wit:

'An act to suppress the evil practice of fire hunting;’ 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.”

Mr. McClung obtained leave to introduce a bill to be entitled "an act concerning criminal cases;” which was read a first time, and ordered to be read a second time to-morrow.

Ordered, That the House concur in the amendments made by the Senate to the bill to be entitled "an act to authorize the administrators of John Ellis, deceased, to sell and convey certain real estate.”

Ordered, That the Senate be acquainted therewith.

Ordered, That the House concur in the amendment made by the Senate to the bill, to be entitled "an act to incorporate the town of Ashville in the county of St. Clair.”

Ordered, that the Senate be acquainted therewith.

On motion of Mr. Pope, Resolved, that the committee on Enrolled bills, appointed on the part of this House, be a joint committee with the com-


61

mittee on enrolled bills appointed on the part of the Senate; and that the Senate be acquainted therewith.

A Message was received from the Senate by Mr. Smith, informing this House, that they had read a third time and passed, bills of the following titles, to-wit:

"An act concerning inquiry of Damages;”

"An act concerning Intestate's Estates;” and

An act to authorize the granting of letters testamentary without security in the cases therein named,- in which they desire the concurrence of this House.

A message was also received from the Senate, by Mr. Lyon, their Secretary informing this House, that they concurred in the resolution of this House, appointing a committee of five members to act with such as may be appointed on the part of the Senate, to examine the manuscript copy of the digest of our statutes compiled by the Hon. Harry Toulmin and that on their part, they had appointed Messrs. Hopkins, Murphy and Sullivan.

On motion of Mr. Adair, The House took into consideration the resolution from the Senate proposing to go into the election of a Senator to the Congress of the United States to fill the vacancy occasioned by the resignation of John W. Walker, on Monday next, at 4 o'clock.

Mr.Gayle offered the following amendment to said Resolution; "and also, for the purpose of electing a Senator to Congress for the ensuing six years after the 4th day of March next;" which was adopted.

Yeas 31                       Nays 26.

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

Mr. Bailey

Fitzpatrick

Hardwicke

Norwood

Terrell

Browning

Farrar Ford

Harvey

Rutherford

Thompson

Crenshaw

Gayle

Jones

Rather

Wallace

Coleman

Harris of B.

Leake

Skinner

Winston

Dulaney

Hunter of T.

Mead

Sanders

Weissinger

Edmondson

Hunter of C.

Merriwether

Taylor

Williams- 31

Those who voted in the negative, are,

Mr. Speaker 

Browne

Harris of W.

Jackson

Oliver

Abercrombie

Clay

Hubbard

Montgomery

Pope

Adair

Durrett

Hunt

Morton

Riviere

Adams

Davis    Fitz

Hallett

Martin

Shortridge

Barclay

Fearn

Hill

McClung

Young- 26

Mr. Martin moved to amend said resolution by striking there from the word "Monday" and inserting in lieu thereof, the word "Thursday," which was carried.

Yeas 45- Nays 13.

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

Mr. Speaker

Fitzpatrick

Hunt

Mead

Shortridge

      Adams

Farrar

Hallett

Merriwether

Taylor

      Barclay

Fearn

Hardwicke

Martin

Terrell

      Bailey

Ford

Hill

Norwood

Thompson

      Browne

Gayle

Harvey

Oliver

Wallace

      Crenshaw

Harris of B.

Jones

Rutherford

Winston

      Coleman

Hunter of C.

Jackson

Riviere

Weissinger

      Dulaney

Hunter of T.

Kennedy

Rather

Williams

      Edmondson

Hubbard

Leake

Skinner

Young- 45

Those who voted in the negative, are,

Mr. Adair

Clay

Fitz

Morton

Sanders- 13.

Abercrombie

Durrett

Harris of W.

McClung

Browning

Davis

Montgomery

Pope

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