Saturday, November 30.

The Senate met pursuant to adjournment.

A Message from the House of Representatives by Mr. Dodson, their clerk.  Mr. President and Gentlemen of the Senate:

I am instructed by the House of Representatives to inform your honourable body, that they have read a third time and passed, a bill of the following title, to wit: ‘an act concerning Millers;’ in which they desire your concurrence.

A bill from the House of Representatives, to be entitled ‘ an act concerning Miller,’ was read the first time.

On motion, Ordered, that said bill be made the order of the day, for a second reading on Monday next.

Mr. Casey, from the committee on roads, bridges and ferries, to whom was referred the petition of sundry citizens of Monroe county, reported a bill, to be entitled ‘an act to amend an act passed December 17th, 1821;’ which was read the first time.

Ordered, that said bill be made the order of the day, for a second reading on Monday next.

Mr. Hopkins, from the judiciary committee to whom was referred a resolution of the senate, instructing them to inquire whether the continuance of the present county court system, by an act of the General Assembly, will give the present judges of the county courts, a right to retain their offices without a new election, made the following report:

The judiciary committee, to whom was referred a resolution instructing them to inquire whether the continuance of the present county court system by an act of the present general assembly will give the present judges of the county courts, a right to retain their offices without a new election, have, according to order, had the same under consideration, and beg leave to report, that if the present county court system be continued by an act, the operation of which will commence at or before the time limited for the expiration of said system, the present judges of the county courts will, in the opinion of the said committee, be entitled to their offices without a new election; but the postponement of the operation of an act intended to revive the present county court system to a day posterior to that appointed for the expiration of said system, would create the necessity of an election by the General Assembly of judges of the county courts:

Which was concurred in.

Mr. Hopkins, from said committee to whom was referred a resolution of the senate instructing them to inquire into the expediency of prevent-


39

ing sheriffs from executing civil process returnable before a justice of the peace, reported the following resolution:

‘Resolved, that it is inexpedient to enact a law preventing sheriffs from executing civil process returnable before a justice of the peace;’ which was agreed to.

Mr. Hopkins, from said committee, to whom was referred a resolution instructing them to inquire into the expediency of passing a law allowing to justices courts a jury in civil cases, reported the following resolution:

'Resolved, that it is inexpedient to allow justices courts a jury in civil cases.’

Mr. Casey moved, that the senate disagree to said report.

And on the question being put, it was decided in the affirmative-

Yeas

11

Nays

8

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

Mr. Casey

Devereux

Moore

Sullivan

Coats

McVay

Powell

Wood- 11.

Conner

Metcalf

Smith

Those who voted in the negative are,

Mr. President

Bibb

Hopkins

Murphy

Armstrong

Crabb

McCamy

Shackleford- 8.

Mr. Murphy moved, that the judiciary committee be instructed to prepare and report a bill being put, it was resolved in the affirmative.

And on the question being put, it was resolved in the affirmative.

Mr. Hopkins from the judiciary committee to whom was referred a resolution instructing them inquire into the expediency of so amending the constitution of this state, that a shorter residence will qualify persons to vote for members of the General Assembly, reported the following resolution:

Resolved, That it is inexpedient to amend the Constitution that a shorter resident in this state, and the counties thereof will qualify persons to vote for members of the General Assembly: which was concurred in.

Mr. Hopkins from said committee, to whom was referred a resolution instructing them to inquire into the expediency of providing by law for filling vacancies in offices produced by failures to hold elections, reported the following resolution:

Resolved, That it is unnecessary to enact a law providing for filling vacancies in offices produced by failures to hold elections; which was agreed to.

Mr. Hopkins from said committee, to whom was referred a bill to be entitled ‘an act to regulate sheriffs sales,’ reported the same with amendments; which were concurred in.  On motion, ordered, that said bill be engrossed, and made the order of the day for a third reading on Monday next.

Mr. Hopkins, from said committee, to whom was referred a bill, to be entitled ‘an act to exempt preachers of the gospel from the payment of ferriage in certain cases,’ reported the same with amendments; which were concurred in.  On motion, ordered, that said bill be committed to a committee of the whole house, and made the order of the day for Monday next.

Mr. Hopkins from said committee, to whom was referred the petition of Mary Jones, administratrix of Thomas A. Jones, deceased, reported a bill, to be entitled ‘an act to authorize Mary Jones, administratrix of


40

Thomas A. Jones, deceased, to sell and convey certain real estate;' which was read the first time.

On motion, Ordered, that said bill be made the order of the day, for a second reading on Monday next.

Mr. Conner obtained leave to introduce a bill, to be entitled ‘ an act repealing an act making an appropriation to Colonel Samuel Dale;’ which was read the first time.

On motion, Ordered, that said bill be made the order of the day, for a second reading on Monday next.

Mr. Sullivan obtained leave to introduce a bill, to be entitled ‘an act for the payment of Jurors in the circuit court;’ which was read the first time.

On motion, Ordered, that said bill be made the order of the day, for a second reading on Monday next.

On motion of Mr. Moore, the bill to be entitled ‘an act to authorize Rosanna Lambkin and Elijah Hogan to convey to Isaac Jackson a certain tract of land,’ was taken up, and on the question being put, shall this bill pass? it was decided in the affirmative.

Ordered, That the title of said bill be changed from that of ‘a bill' to that of ‘an act to authorize Rosanna Lambkin and Elijah Hogan to convey to Isaac Jackson a certain tract of land’-- and that the same be sent to the House of Representatives for their concurrence.

A message from the House of Representatives, by Mr. Dodson, their clerk.

Mr. President and Gentlemen of the Senate:

I am instructed by the House of Representatives to inform your honourable body, that they have read the third time and passed.

‘An act to change the name of, and legitimate a certain persons therein in named;’ which originated in your honorable body.

They have also, read a third time and passed, a bill entitled ‘an act the better to secure debts upon writs of Error;’ which originated in the House of Representatives, and in which they desire your concurrence.

A bill to be entitled ‘an act to authorize Fathers to devise the custody and tuition of their infant children,' was read the second time.

On motion, Ordered, that said bill be referred to the judiciary committee, to examine and report thereon.

On motion of Mr. Bibb, the bill, to be entitled ‘an act to authorize the administrator and Administratrix of Davis H. Mayhew, deceased to sell real estate was taken up;' and on the question, shall this bill pass? It was decided in the affirmative.

Ordered, That the title of said bill be ‘an act to authorize the administrator and administratrix of Davis H. Mayhew, deceased, to sell real-estate;’ and that the same be sent to the House of Representatives for their concurrence.

A bill from the House of Representatives, to be entitled ‘an act for the relief of David White,’ was read a third time; and on the question being put on the passage of said bill, it was decided in the affirmative.

Yeas

11

Nays

8

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

Mr. Armstrong

Crabb

Murphy

Smith

Bibb

Deveraux

Powell

Sullivan-11.

Casey

Hopkins

Shackleford

Those who voted in the negative, are,

Mr. President

Coats

McVay

Moore

Conner

McCamy

Metcalf

Wood- 8.

 


41

A bill, to be entitled ‘an act giving execution for costs in the Supreme Court,’ was read the second time.

On motion, Ordered, that said bill be referred to the judiciary committee, to examine and report thereon.

A bill to be entitled ‘an act to amend an act, passed 4th March 1803, revised and corrected February 10th, 1807;’

A bill, to be entitled ‘an act to incorporate the town of Asheville in the county of St. Clair;’

A bill, to be entitled ‘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;’ and

A bill, to be entitled ‘an act to authorize the administrator and administratrix of John Ellis, deceased, to sell and convey certain real estate;’ were severally read the second time.

On motion, Ordered, that said bills be committed to a committee of the whole house, and made the order of the day for Monday next.

A bill, to be entitled ‘an act to incorporate the Trustees of Athens Female Academy in Limestone county;’ and

A bill, to be entitled ‘an act to mark out and establish a road leading from the city of Mobile in the county of Mobile to Edwin Lewis’ turn-pike road in said county;’ were severally read the second time.

On motion, ordered, that said bills be made the order of the day for a third reading on Monday next.

A bill, to be entitled ‘an act to authorize the administrator and administratrix of William Nelson, deceased, to sell certain real estate therein named;’ and,

A bill, to be entitled ‘an act to divorce Robert Bransford from his wife, Jane Bransford;’ were severally read the second time.

On motion, ordered, that said bills be committed to a committee of the whole house, and made the order of the day for Monday next.

A bill, to be entitled ‘an act for the relief of John Boyce,’ was read the second time.

On motion of Mr. Sullivan, ordered that said bill be referred to the committee on propositions and grievances, to examine and report thereon.

A bill from the House of Representatives, to be entitled ‘an act the better to secure debts upon writs of error,’  was read the first time.

Ordered, that said bill be made the order of the day, for a second reading on Monday next.

The Senate according to order, resolved itself into a committee of whole, on the bill to be entitled ‘an act to authorize the emancipation of certain slaves therein named,’ Mr. Casey in the chair; and, after some time spent therein, the committee rose and Mr. Casey reported said bill with sundry amendments; which were concurred in.  Ordered, that said bill be engrossed and made the order of the day for a third reading on Monday next.

A message was received from the House of Representatives by Mr. Mead, a member thereof, informing the Senate, that they had read a third time and passed a bill, to be entitled ‘an act to organize the counties of Pike and Covington.

On motion the Senate adjourned till 3 o’clock, P.M.

Three o’clock, P.M.

The Senate met pursuant to adjournment.

A bill from the House of Representatives, to be entitled ‘an act to organize the counties of Pike and Covington,’ was read the first time.

F


42

On motion, ordered, that said bill be made the order of the day, for a second reading on Monday next.

Mr. Moore, from the committee on enrolled bills, reported, that said committee had examined ‘an act for the relief of David White,’ and found the same duly enrolled; which was accordingly signed by Mr. President.

Mr. Moore, from the select committee, to whom was referred the petition of Mary White, reported a bill, to be entitled ‘an act in relation to the estate of James White, deceased;’ which was read the first time.

Ordered, That said bill be made the order of the day for a second reading on Monday next.

On motion, ordered that the bill to be entitled ‘an act to establish a road from the house of Jon Gandie in Morgan county, to Baltimore in Blount county,’ be laid on the table.

A bill from the House of Representatives, to be entitled ‘an act permanently to fix the seat of justice in the county of Blount;' was read the third time and passed.

‘Resolution extending time to John Bylera and his associates, to open and finish a road therein named,’ was read the third time and passed.

Ordered, That the title of said resolution be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, to be entitled ‘an act to prevent immoral and disorderly conduct at places of religious worship,’ was read the third time and passed.

Ordered, That the title of said bill be changed from a ‘A bill,’ to that of ‘an act to prevent immoral and disorderly conduct at places of religious worship;’ and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, to be entitled ‘ an act to alter the mode of voting in general elections by the people,’ was read the third time.  Mr. Casey moved to fill the blank in the first section of said bill, where it reads thus:

Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened,  That from and after the day of                                  next, in all elections by the people, except for militia officers, justices of the peace and constables, which shall be conducted as heretofore, the votes shall be given viva voce, and not by ballot, with the words ‘first’ day of ‘September’ next.  And on the question being put, it was decided in the negative.

Yeas

8-

Nays

11.

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

Mr. Casey

Conner

Murphy

Smith

Coats

Devereux

Powell

Sullivan- 8.

Those who voted in the negative, are,

Mr. President

Crabb

McCamy

Metcalf

Shackleford

Armstrong

Hopkins

McVay

Moore

Wood- 11

Bibb

Mr. Bibb moved to fill the said blank with the words, “first day of January next.” and on the question being put, it was resolved in the affirmative.

Mr. Sullivan offered the following amendment to said bill by way of rider: ‘Provided, that the counties of Perry and Autauga shall be exempt from the provisions of this act, and elections of sad counties conducted therein as heretofore.’

Mr. Casey moved to amend said amendment by inserting after the words ‘Perry and Autauga,’ the counties of ‘Dallas, Monroe, Clarke, Wilcox, Marengo, Greene, Conecuh, Covington, Henry, and Pike.’


43

And on the question being put on the adoption of said amendment, it was decided in the negative. 

Yeas

8-

Nays

11.

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

Mr. Coats

Conner

Murphy

Smith

Casey

Devereux

Shackleford

Sullivan- 8.

Those who voted in the negative, are,

Mr. President

Crabb

McVay

Powell

Armstrong

Hopkins

Metcalf

Wood- 11

Bibb

McCamy

Moore

The question was then put on the adoption of the amendment offered by Mr. Sullivan, and decided in the negative. 

Yeas

8 -

Nays

11.

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

Mr. Coats

Conner

Murphy

Smith

Casey

Devereux

Shackleford

Sullivan- 8.

Those who voted in the negative, are,

Mr. President

Crabb

McVay

Powell

Armstrong

Hopkins

Metcalf

Wood- 11.

Bibb

McCamy

Moore

And on the question, shall be the bill to be entitled ‘an act to alter the mode of voting in general elections by the people’ pass? it was decided in the affirmative. 

Yeas

11

Nays

8.

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

Mr. President

Crabb

McVay

Shackleford

Armstrong

Hopkins

Metcalf

Wood- 11.

Bibb

McCamy

Moore

Those who voted in the negative, are,

Mr. Casey

Conner

Murphy

Smith

Coats

Devereux

Powell

Sullivan- 8.

Ordered, that the title of said bill be ‘an act to alter the mode of voting in general elections by the people;’ and that the same be sent to the House of Representatives for their concurrence.

On motion, the Senate adjourned until Monday morning 10 o’clock.