Wednesday, Nov. 27.

Mr. Browne presented the petition of Daniel Ayres, of Jefferson, praying compensation for arresting and conveying to jail sundry persons therein named; which was read and referred to the committee on Accounts.

A message from the Senate by Mr. Lyon their secretary informing this House, that the Senate had read a third time and passed a bill entitled “An act to change the name of, and legitimate a certain person therein named;” in which they desired the concurrence of this House.

Mr. Terrell presented the petition of William H. Ragsdale, praying that he may be permitted to file his declaration with the secretary of state, in order to entitle himself to the benefits of the act for the relief of purchasers of lots in the town of Cahawba; which was read and and referred to the committee on Propositions and Grievances.

Mr Browne presented the petition of Thadeus H. Read, jailer of Jefferson county, praying compensation for keeping prisoners in said jail; Mr. Fitz presented the petition of John Barron late Sheriff of Clarke


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county, praying compensation for transporting James Caller, a prisoner from the jail of said county, to the jail of Madison; which were severally read and referred to the committee on Accounts.

Mr. Harris, of Wilcox, presented the petition of Benjamin Glover, praying compensation for certain work done on a road;

Mr. Harris, of Wilcox, presented the petition of John H. McConnell praying the passage of a law compelling people to work on a certain road therein named; which were severally read and referred to the committee on Roads, Bridges, Ferries &c.

Mr. Leake presented the petition of the commissioned officers of the first division of Alabama militia praying an increase of the number of company musters, and for other purposes; which was read and referred to the Military committee.

Mr. Edmondson from the committee on Propositions and Grievances, to whom was referred the petitions of the administrators of John Turrentine; and the administrators of William Lambkin, reported,

A bill, to be entitled “an act to authorize the administrator of John Turrentine, and the administratrix and administrator of William Lambkin, deceased, to sell certain lands therein designated;” which was read a first time, and ordered for a second reading to-morrow.

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

A bill, to be entitled “an act to authorize Brice M. Garner to build a certain toll bridge therein named;” which was read a first time, and ordered to be read a second time on Monday next.

Mr. Edmondson, from the committee of Propositions and Grievances, to whom was referred the petitions of several tax collectors, reported

A bill, to be entitled “an at to extend the time for collecting the tax, and making returns to the persons therein named;” which was read a first time, and ordered to be read a second time to-morrow.

A bill, to be entitled “an act to confine the justices of the peace to their respective beats, and allowing them the intervention of a jury,” was read a second time.

Ordered, That the said bill be referred to a committee of the whole House, and be made the order of the day for to-morrow.

On motion of Mr. Hallett, Resolved, that both branches of the General Assembly convene in the hall of the House of Representatives at three o’clock this afternoon, for the purpose of electing a solicitor for the first judicial circuit of this state, and that this resolution be communicated to the senate for their concurrence.

Mr. Leake offered the following resolution, which was adopted:

Resolved, That a select committee be appointed to inquire into the expediency of amending the law now in force, concerning the public printing; and that said committee have leave to report by bill or otherwise.

Mr. Rather obtained leave to introduce a bill, to be entitled “an act to establish additional election precincts in certain counties therein named;” which was read a first time and ordered for a second reading on Monday week next.

Mr. Adams obtained leave to introduce a bill, to be entitled “An act for the trial of the right of property under execution, or attachment and claimed by a person not a party to the suit;” which was read a first time and ordered for a second reading on to morrow.

Ordered, That Mr. Browning have leave of absence till next Monday.


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Mr. Bailey obtained leave to introduce a bill, to be entitled “an act for the encouragement of killing Wolves and Panthers;”- which was read a first time.

Mr. Abercrombie moved, that the further consideration of the said bill be indefinitely postponed; which was carried.

A message was received from the senate, by Mr. Lyon, their secretary, informing this House, that they have read a third time and passed, bills of the following titles, to wit:

“An act to authorize the administrator of John Dickson to sell and transfer certain real estate;” and, “An act to authorize John Chandler administrator of N. L. Hayden deceased, and Edward Conway, administrator of Joseph Withers, deceased, to sell real estate.” In which they desire the concurrence of this House.

A bill, to be entitled “an act to organize the counties of Covington and Pike,” was read a second time and referred to a select committee consisting of Messrs. Oliver, Fitzpatrick and Crenshaw.

A message was received from the senate, by Mr. Lyon, their secretary, informing this House, that they have concurred in the resolution of this House, to go into the election of a solicitor this evening at 3 o’clock.

Bills of the following titles, to wit:

“An act to incorporate the town of Ashville in the county of St. Clair;”

“An act divorcing Robert Bransford from Jane Bransford;”

“An act to incorporate the Athens Female Academy;”

“An act to mark out and establish a road leading from the city of Mobile in the county of Mobile, to Edwin Lewis’ Turnpike road, in said county;” and,

“An act concerning millers;” were severally read a second time, and ordered to be engrossed for a third reading on to-morrow.

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,” was read a second time and referred to a select committee, consisting of Messrs. Young Mead and Edmondson.

A bill to be entitled “an act for the relief of persons engaged in Farming &c.” was read a second time, and referred to a select committee consisting of Messrs Young, Mead and Edmondson.

A bill, to be entitled “an actg to repeal the 5th section of an act to alter and amend the Militia law of this state, passed the 6th day of  December 1821,” was read a second time, and referred to the military committee.

A bill to be entitled “an act the better to secure debts upon Writs of Error,” was read a second time and referred to a select committee consisting of Messrs. Gayle, Fitz, and McClung.

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,” was read a second time, and referred to the committee on Roads, Bridges, Ferries &c.

Ordered, That Mr. Crenshaw be added to the committee on Roads, Bridges, Ferries &c.

A bill to be entitled “an act to authorize Gilbert D. Taylor to emancipate certain slaves therein named,” was read a third time.

Mr. Clay moved to amend the said bill, by way of rider, by adding the following proviso:


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“Provided also, That the said negroes hereby authorized to be emancipated shall remove out of this state within ten months, and shall not return to reside within the same at any time thereafter;” which was adopted.

Mr. Jackson moved to amend the said bill by adding the following the proviso, by way of rider.

“Provided also, That the wife of said Taylor shall upon examination by the Judge of the county court apart from her husband, give her free and voluntary consent to the emancipation of said negroes; which consent shall be entered of the record in said court.”

Mr. Abercrombie moved that the further consideration of the said bill be indefinitely postponed; which was lost.

The question was then taken on Mr. Jackson’s amendment and carried.

The bill thus amended, was then 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.

Ordered, That the House be adjourned till three o’clock this evening.

Evening Session

On motion of Mr. Morton, Resolved, that the senate be informed that the House of Representatives are now ready to go into the election of a solicitor of the first judicial circuit; and that they be invited to the representative hall for that purpose.

Ordered, That Messrs. Morton and Winston convey said resolution to the senate.

The senate having repaired to the hall of this House, the two Houses proceeded to the election of a solicitor for the first judicial circuit.

Thomas Murray and Ptolemy T. Harris being in nomination, the votes stood thus --  For Mr. Murray.

Mr. President

Mr. Speaker

Fearn

Merriwether

Terrell

       Bibb

Adair

Gayle

Montgomery

Wallace

       Casey

Abercrombie

Harris of B.

Morton

Winston

       Crabb

Adams

Hunter of C.

Martin

Weissinger

       Devereux

Barclay

Hubbard

McClung

Young-45

       Hopkins

Brown

Hallett

Pope

       McVay

Clay

Jones

Riviere

       Metcalf

Dulaney

Jackson

Skinner

       Murphy

Durrett

Kennedy

Shortridge

   Shackleford

Edmondson

Mead

Sanders

Of the Senate. For Mr. Harris.

Mr. Coats

Wood

Farrar

Hill

Rather

       Conner

of the senate

Ford

Harvey

Taylor

       Moore

     Mr. Bailey

Harris of W.

Leake

Thompson

       Powell

Coleman

Hunter of T.

Norwood

Williams-27

       Smith

Davis

Hunt

Oliver

       Sullivan

Fitz

Hardwicke

Rutherford

The Speaker thereupon pronounced Mr. Murray duly elected solicitor of the first judicial circuit.

The Senate then repaired to their chamber.

An engrossed bill to be entitled “an act to alter the mode of voting in 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


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

Mr. Speaker

Dulaney

Hubbard

Morton

Shortridge

      Adair

Durrett

Hunt

Martin

Sanders

      Barclay

Davis

Hallett

McClung

Winston

      Bailey

Edmondson

Jackson

Pope

Young-28

      Brown

Farrar

Leake

Rather

      Clay

Fearn

Montgomery

Skinner

Those who voted in the negative, are,

Mr. Abercrombie

Fitz

Hunter of C.

Mead

Taylor

      Adams

Ford

Hardwicke

Merriwether

Terrell

      Browning

Gayle

Hill

Norwood

Thompson

      Crenshaw

Harris of B.

Harvey

Oliver

Wallace

      Coleman

Harris of W.

Jones

Rutherford

Weissinger

     Fitzpatrick

Hunter of T.

Kennedy

Reviere

Williams-30

A bill, to be entitled “an act to manumit a negro woman slave, Margaret and her children,” was read a third time, amended and passed.

Ordered, That the title be changed from that of “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 to authorize the administrators of John Ellis, to sell and convey certain real estate,” was read a second time, and ordered to be engrossed for a third reading to-morrow.

Mr. Young obtained leave to introduce a bill, to be entitled “an act for the relief of persons obtaining writs of certiorari &c;” which was read a first time and ordered for a second reading on to-morrow.

A bill to be entitled “an act for the relief of the Huntsville bank,” was read a second time.

Mr. Fearn offered the following amendment, to wit; by striking out after the word the, the words “the next General Assembly” and inserting “the first day of March next, and if on or before said day a majority of the Stockholders of said bank, and also, a majority of the Directors to be elected for the ensuing year, together with the President of the board, shall renew the pledge and assurance to resume specie payments and to continue the same, with ability to meet all its engagements, within the year 1823, and shall also assent and agree to the modification or amendment to the charter of said bank contained, in the second section of this act; which pledge and assent shall be signed by the President Directors and Stockholders or a majority of each, and transmitted to the Governor of this state, and a copy thereof to the solicitor of the district in which said writ is pending: then, and in that case, the proceedings on said writ shall remain suspended until the first day of January 1824.”

Sec. 2. And be it further enacted, “That if any time after the first day of January, 1824 the said bank shall fail, or refuse to pay specie for any note or notes it may have issued, without the consent of the General Assembly of this state first obtained, authorizing a suspension of specie payment then, and in that case, the charter of said bank shall be forfeited and expire.”

Sec. 3. And be it further enacted, “That the preceding section shall be taken and considered as a part of the charter of said bank, so soon as the assent of the majority of stockholders and of the Directors and President shall be transmitted to the Governor of this state, as herein before provided.” Mr. Winston offered the following amendment to the amendment.

5


34

And be it further enacted, AThat it shall be the duty of the tax collectors to receive the bills of said bank in the collection of taxes that may be due the state, provided, the Stockholders and Directors make their pledge to make specie payments; which was decided in the negative.

Ayes 13                Nays 33

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

Mr. Adams

Fitz

Jackson

McClung

Sanders

Bailey

Hunter of T.

Mead

Pope

Winston-13

Coleman

Hardwicke

Morton

Rather

Durrett

Hill

Martin

Skinner

Those who voted in the negative, are,

Mr. Speaker

Davis

Harris of W.

Meriwether

Terrell

Adair

Edmondson

Hunter of C.

Montgomery

Thompson

Abercrombie

Fitzpatrick

Hubbard

Norwood

Wallace

Barclay

Farrar

Hallett

Oliver

Weissinger

Brown

Fearn

Harvey

Rutherford

Williams

Crenshaw

Ford

Jones

Reviere

Young-33

Clay

Gayle

Kennedy

Shortridge

Dulany

Harris of B.

Leake

Taylor

On motion of Mr. Adair, Ordered, That the said bill be referred to a committee of the whole House.

An engrossed bill, to be entitled “an act to authorize the Governor of this State to remit all or any part of any forfeiture which has or may accrue to the state,” was read a third time.

Mr. Terrell moved the following amendments, by way of rider.

Sec. And be it further enacted, “That the Governor or person exercising the duties of that office, shall have full power to remit all fines and forfeitures or so much thereof, as he may deem expedient, which has accrued or may hereafter accrue to any county in this state: Provided, said fine or forfeiture be not collected and paid into the Treasury of any such county.”

Sec.   And be it further enacted, “That the act passed, on the 21st day of December, 1820, authorizing the Governor or person exercising that office, to remit any part of any fine, forfeiture or sentence of imprisonment, be, and the same is hereby repealed.”

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