Thursday, November 28.

The House met pursuant to adjournment.

Mr. Davis presented the petition of sundry inhabitants of St. Clair and Shelby counties praying the extension of the line of the latter county; whice was read and referred to the committee on county boundaries.

Mr. Fitz presented the petition of Samuel B. Shields, praying that a charter may be granted to him for a ferry therein named; which was read and referred to the committee on Roads, Bridges, Ferries &c.

Mr. Shortridge presented the petition of sundry citizens of the town of Erie, praying that certain lots therein, may be taken and considered as out of the limits of said town; 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 praying a part of Lawrence county to added to Franklin, reported.

The prayer of the petition as unreasonable and ought not to be granted.

Ordered, that the house concur in said report.

Mr. Edmondson, from the committee of Propositions and Grievances to whom was referred the petition of sundry officers of the first division


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of the Alabama Militia, asked leave for the committee to be discharged from the further consideration of said petition.

Ordered, that the committee be discharged from the further consideration of the said petition.

Mr. Edmondson, from the same committee, to whom was referred the petition of Matthew Herberson, administrator of Samuel Herberson, deceased: reported that the prayer of said petition is unreasonable and ought not to be granted.

Ordered, that said report lie on the table.

Mr. Rutherford from the select committee, to whom was referred so much of the Governor’s message as relates to public jails, reported, that ample provision is in their opinion, provided in the system authorizing the different county courts to build jails in their respective counties.

Ordered, that the House concur in said report.

Mr. Young, from the select committee, to whom was referred a bill, to be entitled, “An act for the relief of persons engaged in farming &c.” reported a bill, of the same title; which was read a first time, and ordered for a second reading to-morrow.

Mr. Morton obtained leave to introduce a bill, to be entitled “An act to authorize the sale of the public lands adjoining the town of Cahawba;” which was read a first time, and ordered for a second reading tomorrow.

Ordered, that Mr. Coleman be added to the committee on County Boundaries.

Ordered, that Mr. Norwood be added to the committee on Roads, Bridges, Ferries &c.

Ordered, that Mr. Hunter, of Conecuh, be added to the committee on Ways and Means.

On motion of Mr. Fearn, Resolved, that the report of the committees on Schools, Colleges, and Universities, and School and University lands which was ordered to lie on the table, be now taken up for consideration.

Ordered, that the House concur in said report.

Mr. Crenshaw, from the Judiciary committee, to whom was referred the consideration of the county court system, reported a bill to be entitled “An act to continue in force and amend an act,” entitled “An act to repeal in part and amend an act to regulate the proceedings in the courts of law and equity in this state;” which was read a first time, and ordered for a second reading to-morrow.

The Speaker laid before the House a communication from the Comptroller of public accounts; which was referred to the committee on Accounts.

Bills from the Senate of the following titles, to wit: ‘An act to change the name of and legitimate a certain person therein named;’

“An act to authorize the administrator of John Dickson, deceased, to sell and transfer certain real estate;”

“An act to authorize John Chandler, administrator of N. L. Hayden, deceased, and Edward Conway, administrator of Joseph Withers, deceased, to sell real estate;” were severally read a first time, and ordered to be read a second time to-morrow.

On motion of Mr. Clay, Resolved, that the committee of the whole be discharged from the consideration of the bill to be entitled “An act for the relief the Huntsville Bank.”

The bill was then taken up; and the amendment offered yesterday by


36

Mr. Fearn being under consideration, Mr. Clay offered the following amendment to that amendment; after the year, 1823, insert,

And provided also, That the said President and Directors or a majority of them, shall execute a bond or obligation to the Governor of this state with good and sufficient security in at least the amount of the revenue that may be assessed for the year 1823, within the counties of Decatur, Jackson, Madison, Lawrence, Morgan, Limestone, Lauderdale, Franklin, Blount St. Clair, and Marion, conditioned, that the said President and Directors will well and truly redeem all the notes of the Bank aforesaid, on or before the ________ day of November next, which may be received by the tax collectors of the above counties, in payment of taxes of the above named counties; or that the said Bank, shall resume specie payment generally on or before the day and date above written; in either of which events the obligation of the said President and Directors shall be made void;” which amendment to the amendment was adopted.

The question was then taken on Mr. Fearn's amendment as amended, and decided in the affirmative.

Yeas 33                             Nays 23.

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

Mr. Speaker

Coleman

Hallett

Morton

Sanders

      Adair

Durrett

Hardwicke

Martin

Terrell

      Abercrombie

Edmondson

Hill

McClung

Wallace

      Adams

Fearn

Jackson

Pope

Winston

      Barclay

Harris of W.

Leake

Rather

Young- 33.

      Bailey

Hubbard

Mead

Skinner

      Clay

Hunt

Montgomery

Shortridge

Those who voted in the negative, are,

Mr. Browne

Farrar

Hunter of C.

Norwood

Thompson

      Crenshaw

Ford

Harvey

Oliver

Weissinger

      Davis

Gayle

Jones

Rutherford

Williams-23

      Fitzpatrick

Harris of B.

Kennedy

Riviere

      Fitz

Hunter of T

Merriwether

Taylor

Ordered, That fifty-eight copies of said bill, with the amendments be printed.

Ordered, that said bill lie on the table.

A bill, to be entitled "An act for the relief of persons in obtaining writs of Certiorari;" was read a second time and ordered to lie on the table.

An engrossed bill, entitled "An act divorcing Robert Bransford fromsJane Bransford;" was read a third time; and on the question being put,sShall this bill pass? it was decided in the affirmative.

Yeas 46                  Nays 8

Those who voted in the affirmative, are,

Mr. Speaker

Durrett

Hunt

Merriwether

Taylor

      Abercrombie

Davis

Hallett

Montgomery

Thompson

      Adair

Edmondson

Hardwicke

Martin

Wallace

      Adams

Fitzpatrick

Hill

McClung

Winston

      Barclay

Farrar

Harvey

Oliver

Williams

      Bailey

Fearn

Jones

Pope

Young- 46.

      Browne

Gayle

Jackson

Rutherford

      Crenshaw

Harris of Wil.

Kennedy

Rather

      Clay

Hunter of Con

Leake

Shortridge

      Coleman

Hubbard

Mead

Sanders

Those who voted in the negative, are,

Mr. Fitts

Harris of Bald

Riviere

Terrell

      Ford

Norwood

Skinner

Weissinger- 8.

Engrossed bills of the following titles, to wit:

"An act to incorporate the Trustees of Athens Female Academy;"


37

"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;"

"An act to incorporate the town of Ashville in the county of St. Clair;" were severally read a third time and passed.

Ordered, that the titles be changed from that of “a bill” to that of “an act.”

Ordered, that they be sent to the Senate for their concurrence.

An engrossed bill, entitled “An act to authorize the Governor of this state to remit all or any part any forfeiture which has, or may accrue to this state;” was taken into consideration.

The amendments offered yesterday, by Mr. Terrell, by way of rider, were adopted.

The bill then, thus amended, was 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.

The House then adjourned till 3 o'clock.

Evening Session.

Mr. Hardwicke offered the following resolution:

Whereas by an act passed on the 13 th day of December, 1819, it was made the duty of the judges of the circuit courts of this state, to Digest the laws of this state; and as the said Judges have failed to perform that part of their duty:

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of reducing the salaries of the Judges of the circuit courts in this state; which resolution was adopted.

Yeas 33                           Nays 19.

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

Mr. Adair

Edmondson

Hardwicke

Merriwether

Rather

      Abercrombie

Fitz

Harvey

Montgomery

Skinner

      Adams

Fearn

Jones

Morton

Sanders

      Bailey

Farrar

Jackson

Martin

Wallace

      Browne

Ford

Kennedy

Norwood

Weissinger- 33

      Coleman

Harris of W.

Leake

Pope

      Durrett

Hubbard

Mead

Riviere

Those who voted in the negative, are,

Mr. Speaker

Davis

Hunt

Oliver

Winston

       Clay

Gayle

Hallett

Rutherford

Williams

       Crenshaw

Hunter of T

Hill

Shortridge

Young- 19

       Dulaney

Hunter of C.

McClung

Taylor

Mr. Morton presented the petition of David White, praying that he may be allowed to apply the payment made upon one lot in the town of Cahawba, to another; which was read and referred to a select committee consisting of Messrs. Morton, Crenshaw and Clay.

Mr. Williams obtained leave to introduce a bill, to be entitled "An act concerning Judicial proceedings;” which was read a first time, and ordered for a second reading to-morrow.

A bill, to be entitled "An act to extend the time for collecting the tax and making returns to the persons therein named,” was read a second time and ordered to be engrossed for a third reading to-morrow.

An engrossed bill to be entitled “An act to authorize the administrator and the administratrix of John Ellis, deceased to sell and convey certain real estate,” was read a third time and passed.

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


38

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

An engrossed bill, entitled "An act authorizing the administrators of William Nelson,  deceased, to sell certain  real estate therein named;” was taken up.

And the question being put, Shall this bill pass? it was decided in the affirmative.

Yeas 31                Nays 23.

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

Mr. Speaker

Davis

Hardwicke

Oliver

Thompson

      Abercrombie

Edmondson

Jones

Pope

Wallace

      Adams

Farrar

Kennedy

Rutherford

Young-31

      Bailey

Fearn

Mead

Rather

      Coleman

Hunter of C.

Montgomery

Skinner

      Dulaney

Hubbard

Morton

Sanders

      Durrett

Hallett

Martin

Taylor

Those who voted in the negative, are,

Mr. Adair

Mr. Ford

Hill

McClung

Winston

      Brown

Gayle

Harvey

Norwood

Weissinger

      Crenshaw

Harris of W.

Jackson

Reviere

Williams-26

      Clay

Harris of B.

Leake

Shortridge

      Fitz

Hunt

Merriwether

Terrell

Ordered, That the title be changed from that of “a bill,” to that of “an act.”

Ordered that same be sent to the Senate for their concurrence.

On motion of Mr Pope, Resolved, That the Secretary of State be required to furnish an extract exhibiting in a condensed form, the totals of the white and black population, in each county of our state, according to the returns of our state and Federal Census; and that eighty copies of the same be printed for the use of this House.

Ordered, That the House adjourn till to-morrow morning 10 o'clock.