Thursday, November 30, 1820

Mr. Cleveland presented the petition of sundry inhabitants of Montgomery, praying that the said county may be divided, which was received, and on motion Ordered, that the said petition be referred to the committee on County Boundaries, Mr. Weedon from the committee on Inland Navigation, to whom was referred the petition of sundry inhabitants of the county of Autauga, Reported, that the prayer of the petition is unreasonable, and ought not to be granted. Ordered, that the House concur in said report. Mr. Weedon, from the same committee, reported the following bill: A bill to be entitled an act to incorporate the Flint River Navigation Company, which was read a first time, and on motion, Ordered, that the said bill be read a second time to-morrow.

Mr. Chapman from the committee on enrolled bills, Reported, that the said committee had examined a bill entitled an act to authorize the keepers of the several jails in this state to keep persons committed under the authority of the United States, and find the same correctly enrolled.

Mr. Armstrong, from the Military Committee, reported the following bill: A bill to be entitled an act to organize the militia of this State, which was read a first time, and on motion Ordered, that the said bill be read a second time on Saturday next.

Mr. McVay, from the committee of Propositions and Grievances, to whom was referred the petition of James Ham, reported the following bill: A bill to be entitled an act for the relief of James Ham, which was read a first time, and on motion Ordered, that the said bill be read a second time to-morrow.

Mr. McKinley, from the Judiciary Committee to whom was referred a bill to be entitled an act to regulate proceedings of Justices of the Peace, reported that the said committee consider it inexpedient to pass a law embracing the principles of the bill. Ordered, that the said report lie on the table.

Mr. McKinley from the same committee, Reported, That they have had under consideration, a bill to be entitled an act concerning promissory notes, and respectfully report, that they deem it inexpedient to put promissory notes on the footing of inland bills of exchange; but recommend an amendment to the present law regulating the assignment of bonds and promissory notes, so as to make the indorsee or as-


(58)

signee liable only upon due diligence being used by the holder to make the money out of the maker of the note and obligor of the bond; Ordered, That the House concur in said report.

Mr. McKinley from the same committee, Reported, That they have had under consideration a bill to be entitled an act to approve the decree of the Circuit Court of Madison county, divorcing Nancy Clift, from her husband, Jesse Clift, and a bill from the Senate to be entitled an act approving the decree of the Circuit Court, divorcing Polydore Naylor from his wife, Elizabeth Naylor; and that they do not believe that this House can take cognizance of such cases without a law directing and regulating the mode of bringing them from the Circuit Courts or Courts of Chancery before the General Assembly; and they further report, that the records of the proceedings of the Circuit Courts in these cases, do not contain the evidence upon which the said Courts rendered the decrees; and therefore, the General Assembly cannot judge whether such decrees ought to be approved or not, this committee therefore recommend the passage of a law regulating proceedings in cases of divorce, Ordered, That the House concur in said report.

Mr. McKinley from the same committee, reported, that the committee have also had under consideration the petition of sundry inhabitants of Washington county, praying a Jail now building in the town of St. Stephens, to be made by law a public Jail, which petition this committee respectfully report unreasonable, Ordered, That the said report lie on the table.

A message from the Senate by Mr. Garth: Mr. Speaker, The Senate have passed a bill entitled an act to point out the duties of owners and keepers of Water Mills who grind grain for toll; also, a bill entitled an act concerning executions, and for other purposes, in which they desire your concurrence.

Mr. Chambers from the select committee to whom was referred the petition of sundry inhabitants of Madison county, reported the following bill: a bill to be entitled an act to incorporate the Indian Creek Navigation Company, which was read a first time; and, on motion, Ordered, That the said bill be read a second time on Saturday next.

Mr. Perry from the select committee to whom was referred the petition of the town council of Cahawba, reported the following bill: a bill to be entitled an act authorising the Governor to pay to the town Council of Cahawba, two thousand dollars, on account of the Bridge which they are now building in the town of Cahawba, which was read a first time; and, on motion, Ordered, That the said bill be read a second time to-morrow.

Mr. Perry from the same committee, reported the following bill: a bill to be entitled an act to authorise the Town Council of Cahawba, to take charge of the public ferries in the town of Cahawba and to receive the profits arising from the same and for other purposes, which was read a first time; and, on motion, Ordered, to lie on the table.

Mr. Leake obtained leave to bring in a bill to be entitled an act concerning free negroes and mulattoes, which was read a first time, and on motion, Ordered, That the said bill be read a second time to-morrow.


(59)

On motion, Ordered, That one hundred copies of the bill to be entitled an act to apportion the Representatives among the several counties of this State; and to divide the State into senatorial districts according to the returns of the late census, for the use of this House.

A bill from the Senate to be entitled an act to alter and extend the limits of Autauga county, and for other purposes, was read a first time; and, on motion, Ordered, That the said bill be read a second time to-morrow.

A bill from the Senate to be entitled an act, to amend an act, passed December 23d, 1815, fixing a standard for measures, was read a first time; and on motion, ordered that the said bill be read a second time to-morrow.

A bill from the Senate to be entitled an act, to authorise the administrator of Thomas Ragland, deceased, to sell and transfer certain certificates of land therein named, was read a first time; and on motion, ordered, that the said bill be read a second time to-morrow.

A bill from the Senate to be entitled an act, concerning executions and for other purposes, was read a first time; and on motion, ordered, that the said bill be read a second time to-morrow.

A bill from the Senate to be entitled an act, to point out the duties of owners and keepers of water mills who grind for toll, was read a first time, and on motion, ordered, that the said bill be read a second time to-morrow. The house then resolved itself into a committee of the whole house, on the bill to be entitled an act, more effectually to prevent the evil practice of billiard playing in this State; and after some time spent in the consideration thereof, the Speaker resumed the chair, and Mr. Weedon reported the said bill without amendments. Ordered, that the said bill be engrossed, and be made the order of the day for its third reading to-morrow.

A bill to be entitled an act, to provide for enclosing the public buildings in the town of Cahawba, and for other purposes, was then taken up. Ordered, that the said bill be committed to a committee of the whole house to-morrow.

A message from the Senate, by Mr. Sims.

Mr. Speaker, The Senate have concurred in the amendments proposed by your honorable body to the bill entitled an act, to provide for the government of the town of Blakeley.

A bill to be entitled an act to regulate proceedings in suits at common law, was read a second time. Ordered, that the further consideration of the said bill be postponed till Saturday.

A message from the acting Governor, by Mr. Rogers.

Mr. Speaker and Gentlemen of the House of Representatives,

I am instructed by the acting Governor to inform you, that he did, on this day, approve and sign an act, for the relief of John Boyce; an act, appointing commissioners to lay out a road, on or near the dividing line between the counties of Madison and Limestone, and an act authorising the executrix of William Baldwin, to sell and convey certain real estate. All which originated in this honorable body.

A bill to be entitled an act authorising a lottery for the building a bridge over clear creek in the town of Cahawba, was read a second


(60)

time; and on motion, ordered, that the said bill be engrossed, and be made the order of the day for its third reading to-morrow.

A message from the Senate by Mr. Williams, their Secretary.

Mr. Speaker- The Senate have read the third time and passed an act, to authorise Lemuel Mead to emancipate a negro man slave named Richmond, which originated in your honorable body.

A bill to be entitled an act, to provide for taking the census, for the year 1821, was read a second time, and on motion, ordered, that the said bill be referred to the committee of Ways and Means.

A bill to be entitled an act to authorise the judges of the circuit courts and justices of the county courts to take acknowledgments of deeds and relinquishments of dower, which was read a second time and on motion, ordered, that the said bill be committed to a committee of the whole house, and be made the order of the day for to-morrow.

A bill to be entitled an act to authorize the Governor, or the person exercising that office, to remit any part of any fine, forfeiture, or sentence of punishment, was read a second time; and on motion, Ordered, That the said bill be engrossed, and be made the order of the day for its third reading to-morrow.

A bill to be entitled an act to amend an act entitled an act providing for the determination of suits and controversies by arbitration, passed at Huntsville Dec. 13th 1819, was read a second time; and on motion, Ordered That the said bill be engrossed for its third reading to-morrow.

A bill to be entitled an act to amend an act entitled an act to establish a bank in the town of Mobile, passed at St. Stephens the 20th November 1818, which was ordered to be engrossed and be made the order of the day for its third reading to-morrow.

A bill to be entitled an act allowing the sheriff compensation for attendance on the Supreme Court, and for other purposes, was then taken up.

On motion of Mr. Holderness, the House resolved itself into a committee of the whole House, on the said bill, and after some time spent therein, the Speaker resumed the chair, and Mr. Perkins reported the said bill with amendments in which the House concurred.

Mr. Perry moved to fill the first blank with the words "three dollars," which was decided in the affirmative. On motion, of Mr. Moore of Madison, ordered, that the second blank be filled with the word "fifty." Ordered that the said bill lie on the table.

Mr. Chapman moved the adoption of the following rule: After a bill has been engrossed and ordered to a third reading, it shall not be in order to commit the same, or amend it otherwise than by way of rider. Ordered, that the further consideration of the said rule be postponed till to-morrow.

Engrossed bills of the following titles, to wit: An act to authorise the Governor to dispose of the public arms of this State; an act to amend an act passed at St. Stephens, 13th February, 1818, to establish the Tombeckbee Bank, were severally read a third time and passed. Ordered, that the further consideration of the bill to be entitled an act, to authorise the issuing of Treasury notes, be postponed till to-morrow; a bill to be entitled an act, declaring that part of Limestone leading from Mooresville, to the Tennessee river, a public highway,


(61)

was read a third time . On motion of Mr. Morton, ordered, that the 1st blank be filled with the word "five." On motion of Mr. Morton, ordered, that the 2nd blank be filled with the word "three." The bill was then passed. Ordered, that the words " a bill to be entitled" be stricken out.

A bill to be entitled an act, to alter the mode of voting at elections by the people, was read a third time. On motion of Mr. McKinley, ordered, that the further consideration of said bill be indefinitely postponed, ayes 32, nays 14. The ayes and nays being called for, those who voted in the affirmative, are Mr. Speaker, Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Benson, Bailey, Isaac Brown, John Brown, Col. John Brown, Chambers, Chapman, Cleveland, Creagh, Cook, Coleman, Draughon, Dale, Evans, Hill, Holderness, Isbell, Jackson, Leake, McKinley Moore of Madison, Mims, Perry, Perkins, Tagert, Vining, Walker, and Weedon 32. Those who voted in the negative, are Messrs. Bigham, Clay, Coats, Doxey, Davis, Duke, Edmundson, Morton, Murrell, Moore of Marion, McVay, Rather, Shackleford, and Sargent, 14.

The House then adjourned.