Tuesday, Nov. 26, 1822.

The House met pursuant to adjournment.

Mr. Crenshaw presented the petition of William Taylor, for himself and as agent of William Smith, administrator of John Taylor, deceased, praying time to make their declaration for relief on lots purchased in the town of Cahawba, at the first sales; which was read and referred to the committee on Propositions and Grievances.

Mr. Browne, from the committee on County Boundaries, to whom was referred the petition of sundry inhabitants of Montgomery, reported the prayer of the petition as unreasonable and ought not to be granted: in which report the house concurred.

Mr. Edmondson, from the committee on Propositions and Grievances to whom was referred the petition of the Planters’ and Merchants’ Bank of Huntsville reported a bill to be entitled “an act for the relief of the Huntsville Bank;” which was read a first time.

Mr. Winston moved to postpone the further consideration of said bill till the first Monday in June next; which was lost.

Ayes 3                                Nays 53.

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

Mr. Coleman

Hardwicke

WeissingerB 3.

Those who voted in the negative, are,

Mr. Speaker

Edmondson

Hubbard

Montgomery

Shortridge

      Adair

Fitzpatrick

Hunt

Morton

Sanders

Abercrombie

Fitz

Hallett

Martin

Taylor

      Adams

Farrar

Hill

McClung

Terrell

      Bailey

Fearn

Harvey

Norwood

Thompson

      Browne

Ford

Jones

Oliver

Wallace

      Browning

Gayle

Jackson

Pope

Winston

      Crenshaw

Harris of B.

Kennedy

Rutherford

Williams

      Clay

Harris of W.

Leake

Riviere

Young-53

      Durrett

Hunter of T.

Mead

Rather

      Davis

Hunter of C.

Merriwether

Skinner

Ordered, That the said bill be read a second time to-morrow.

Mr. Fearn, from the committee on schools, colleges and universities and school and university lands, to whom was referred the petitions of sundry inhabitants of ths state, praying that they may be released from obligations entered into between them and the trustees of certain six teenth sections, reported the following resolutions:

1. Resolved, That the petition of sundry persons for the relief of Sherel Holley and Elijah Foreman, ought not to be granted.

2. Resolved, That the petition for the relief of John Bayne, ought not to be granted.

3. Resolved, That the petition for the relief of Joel Carter, ought not to be granted.

4. Resolved, That the petition of George Baird is unreasonable and ought not to be granted.

Ordered, That said report lie on the table.

Mr. Edmondson, from the committee of Propositions and Grievances to whom was referred the petition of sundry people concerning Millers, reported;

A bill to be entitled “an act concerning Millers;” in which report the House concurred which bill was read a first time, and ordered for its second reading on to morrow.


27

Mr Crenshaw, from the Judiciary Committee to whom was referred a bill, to be entitled “an act to authorize the Governor to remit fines and forfeitures,” reported the same with amendments.

Ordered, That the House concur in said amendments.

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

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

A bill, to be entitled “an act to establish a turnpike road leading from the southern boundary of Lawrence county, to intersect the military road at Pikesville in Marion county;” which was read a first time and ordered to be read a second time to morrow.

Mr Crenshaw, from the Judiciary Committee, to whom was referred a bill to be entitled Aan act defining the duties of sheriffs and constables reported unfavourably to the provisions of said bill.

Ordered, That the House concur in said report.

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

Mr. Speaker

Fitz

Hallett

Martin

Taylor

      Adair

Farrar

Hill

McClung

Thompson

      Crenshaw

Gayle

Harvey

Norwood

Winston

      Clay

Harris of B.

Jackson

Oliver

Weissinger

      Coleman

Harris of W.

Kennedy

Pope

Williams

      Durrett

Hunter of T.

Leake

Rutherford

Young-38

      Davis

Hunter of C.

Merriwether

Shortridge

    Fitzpatrick

Hubbard

Montgomery

Sanders

Those who voted in the negative, are,

Mr. Abercrombie

Browning

Hardwicke

Reviere

Wallace-17

      Adams

Edmondson

Jones

Rather

      Bailey

Ford

Mead

Skinner

      Browne

Hunt

Morton

Terrell

Mr. Mead, from the committee on Roads, Bridges, Ferries &c. to whom was referred the petition of Tobias Dearick and George D. Staton, reported

A bill to be entitled “an act to establish a public road from Ditto’s landing to Marston Mead’s in Blount county;” which was read a first time and ordered to be read a second time on Monday next.

Mr. Leake, from the committee on Divorce and Alimony to whom was referred the proceedings of the Circuit Court of Lawrence county, in the case of Robert Bransford against Jane Bransford for a divorce  reported A bill, to be entitled “an act divorcing Robert Bransford from Jane Bransford;” which was read a first time, and ordered for a second reading to-morrow.

Mr. Crenshaw, from the judiciary committee, to whom was referred the letter of Harry Toulmin, reported, That it is not expedient to act thereon at this time; in which the House concurred.

Mr. Crenshaw, from the same committee, to whom was referred the petition of certain citizens of Jefferson county, praying that Moses Ayres might be discharged from the payment of a certain forfeiture; and also to whom was referred so much of the Governor’s Message as refers to organizing the counties of Pike and Covington, reported, That bills are now in progress in this House embracing these objects, and pray to be discharged from the further consideration thereof.

Ordered, That the committee be discharged from the further consideration thereof.


28

Mr. Clay from the select committee to whom was referred the petition of the administrators of John Ellis, deceased, reported a bill to be entitled “An act to authorize the administrators of John Ellis, deceased, to sell and convey certain real estate;”  which was read a first time, and ordered to be read a second time to-morrow.

Mr Rutherford laid before the House the Comptroller’s annual report; which was received.

Ordered, That 80 copies thereof be printed for the use of this House.

On motion of Mr. Harris, of Wilcox, Resolved, That the Judiciary committee be instructed to enquire and report to this House, whether a continuance of the present county court system, will of necessity continue in office the present judges of the county courts or whether the constitution of the state will authorize a new appointment of judges should the present county court system be continued.

On motion of Mr Terrell, Resolved, that the Speaker be authorized to assign to William B. Allen, printer of the Cahawba Press, a seat within the bar of this House for the purpose of reporting the minutes thereof.

Mr. Kennedy obtained leave to introduce a bill, to be entitled “An act to allow witnesses pay in certain specified cases.” Mr Fitz obtained leave to introduce a bill to be entitled “An act the better to secure debts upon Writs of Error;” which were severally read a first time, and ordered to be read a second time, the first, on Saturday next, and the latter on to-morrow.

Mr. Sanders offered the following resolution: Resolved, that a select committee be appointed to take into consideration the necessity of urging the Congress of the United States by a memorial of the present General Assembly of this state, to postpone the sale of the lands which have been surrendered within the bounds of the Madison land district, to the United States, by the last act giving relief to purchasers thereof; and if the committee shall deem it proper, to report a suitable memorial to be presented accordingly; which resolution was decided in the negative.

On motion of Mr. Williams, Resolved, that the Judiciary committee be instructed to enquire what amendments are necessary to the existing laws in relation to summoning witnesses to attend the several courts in this state, with leave to report by bill or otherwise.

On motion of Mr. Morton, the House resolved itself into a committee of the whole House, on the bill to be entitled “An act to authorize Gilbert D. Taylor to emancipate certain slaves therein named;” and, after some the time spent in consideration thereof the Speaker resumed the chair, and Mr. Morton reported the said bill with amendments.

Ordered, That the House concur in said amendments.

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

An engrossed bill, entitled “An act to manumit certain slaves therein named,” was postponed till Monday next.

An engrossed bill, entitled “An act for the relief of Thomas C. Jones,” was read a third time, and the question being put, Shall the bill pass? it was decided in the negative.

Yeas 21                Nays 38

The yeas and nays being called for,

Those who voted in the affirmative are,

Mr. Speaker

Davis

Hardwicke

Riviere

Weissinger- 21

      Abercrombie

Edmondson

Leake

Rather

      Adams

Fitzpatrick

Mead

Skinner

      Bailey

Ford,

Morton

Sanders,

      Crenshaw,

Hallett,

Pope,

Terrell,

 


29

Those who voted in the negative are,

Mr. Adair

Fearn

Hill,

Martin

Thompson,

     Browne,

Gayle,

Harvey,

McClung,

Wallace,

     Browning,

Harris of B.

Jones,

Norwood,

Winston,

     Clay,

Harris of W.

Jackson,

Oliver,

Williams,

     Coleman,

Hunter, of C.

Kennedy,

Rutherford,

Young- 33.

     Durrett,

Hubbard,

Merriwether,

Shortridge,

     Fitz,

Hunt,

Montgomery,

Taylor,

Engrossed bills of the following titles, to wit:

‘An act permanently to fix the seat of justice for the county of Blount;’

‘An act for the relief of Henry Stokes and others;’ were severally read a third time and passed. Ordered, that the words ‘ a bill to be entitled;’ be stricken out.

Ordered, that said bills be sent to the Senate.

An engrossed bill, to be entitled “An act authorizing the administrators of William Nelson, deceased, to sell certain land therein mentioned;” was read a third time.

Ordered, that said bill lie on the table.

Mr. Hallett offered the following resolution:

Resolved, That both branches of the General Assembly convene in the Hall of the House of Representatives at 3 o’clock, P. M. on Thursday next, for the purpose of electing a solicitor for the first Judicial circuit of this state and a senator to congress; and that this resolution be communicated to the Senate.

Ordered, That said resolution lie on the table.

And then the House adjourned till 3 o’clock.

Evening Session.

Mr. Crenshaw obtained leave to introduce a bill, to be entitled “An act to authorize Davis Crocheron and his associates, to erect a bridge across the Alabama river, at or near the mouth of the Cahawba;” which was read a first time, and ordered to be read a second time to-morrow.

On motion of Mr. Morton, the House resolved itself into a committee of the whole House on the bill to be entitled “An act to alter the mode of voting in elections by the people;” and, after some time spent in the consideration thereof, the Speaker resumed the chair, and Mr. Morton reported the said bill without amendment.

Ordered, that the House concur in said report.

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

And then the House adjourned ‘till to-morrow morning 10 o’clock.