Wednesday, November 18.

The house met pursuant to adjournment. Mr. King from the committee of propositions and grievances, to whom was referred the petition of Thomas G. Holmes, reported a bill for the relief of Thomas G. Holmes, which was received and read, and

On motion of Mr. Lipscomb,

The rule being dispensed with, the same was read the second time forthwith.

A motion was then made by Mr. Lipscomb that the said bill be committed to a committee of the whole house and made the order of the day for to-morrow; when a motion was made by Mr. Clay, that said bill be postponed indefinitely, and the question being taken thereon, it was resolved in the affirmative.

Mr. King from the same committee reported a bill for the relief of John Hanes, execu-


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tor of the estate of William Malone deceased, and William Jordan, which was received and read; and

On motion of Mr. Smith,

The rule was dispensed with and the same read the second time forthwith; and on motion of Mr. Clay,

Ordered to be committed to a committee of the whole house and made the order of the day for to-morrow.

Mr. King from the same committee, reported a bill for the relief of Elijah Rosser, which was received and read; and

On motion of Mr. Vaughan,

The rule was dispensed with and the same read the second time forthwith; and

On motion of Mr. Clay, the said bill was postponed indefinitely.

The resolution prohibiting the introduction of new matter after Monday last, was so far dispensed with as to enable Mr. Lipscomb to present the petition of Gray Sims, praying a divorce from his wife Catharine Sims, which was read.

A motion was then made by Mr. Lipscomb, that the said petition together with the accompanying documents be referred to a select committee of three members, with leave to report by bill or otherwise; when

A motion was made by Mr. Clay that the said petition together with the accompanying documents lie on th table; and the question being taken thereon, it was resolved in the negative.

The question then recurred on Mr. Lipscomb's motion, which was resolved in the affirmative; and a committee was accordingly appointed of Messrs. Lipscomb, Everitt and Walton.


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Mr. Clay from the joint committee for enrolled bills, reported that the committee had examined the following enrolled bills, to wit :

An act authorising count courts to grant private ways in certain cases.

An act to made lawful and obligatory certain marriages therein named.

An act to incorporate the town of Athens in the county of Limestone.

An act to establish a bank in the town of Mobile.

An act to restrain the issuing of small notes commonly called change bills.

An act for the relief of Ann Hughes, Guardian of the infant heirs of Rawleigh Huges deceased.

And had found the same to be truly enrolled,

Whereupon,

Mr. Speaker signed the said enrolled bills.

Ordered that the clerk inform the council thereof.

A message from the Legislative council by Mr. Martin their secretary.

" MR. SPEAKER,

I an instructed to inform the house of representatives that the Legislative council have adopted the following resolution:

Resolved by the Legislative council with the concurrence of the house of Representatives that both houses will adjourn on Saturday the 21st instant sine die, to which they ask your concurrence."

And then he withdrew.


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Mr. Speaker laid before the house a letter from the Auditor of public accounts, submitting the propriety of allowing the claim of the Territorial Treasurer, which letter was referred to the committee of accounts.

Mr. Lipscomb from the select committee to whom was referred, the petition of Gray Sims praying a divorce from his wife Catharine Sims, reported a bill to divorce Gray Sims from his wife Catharine Sims, which was received and read; and

On motion of Mr. Lipscomb,

The rule was dispensed with and the same read the second time forthwith; and

A motion was then made by Mr. Robishow, that said bill be postponed indefinitely; and

the question being taken thereon, it was resolved in the negative-when on motion of Mr. Lipscomb, ordered that the rule be further dispensed with, and the said bill was ordered to be forthwith engrossed, was accordingly engrossed, and read the third time forthwith.

On the question shall this bill pass? it was resolved in the affirmative.

On motion of Mr. Lipscomb.

Resolved that the title of said bill be "an act to divorce Gray Sims from his wife Catharine Sims."

Ordered that the clerk carry the said bill to the council and ask their concurrence.

The rule of the house requiring one day's previous notice, and the resolution prohibiting the introduction of new matter after Monday last, were so far dispensed with as to enable Mr. Everitt to introduce the following resolution.

Resolved by the Legislative council and house of representatives of the Alabama Territory, in general assembly convened, that the gover-


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or be and he hereby is authorised to appoint three commissioners to act with such persons as may be appointed by the governor of the state of Mississippi to mark out the line dividing the said state of Mississippi from the Territory of Alabama, to proceed to mark out the line aforesaid, which resolution was received and read; and

On motion of Mr. Everitt,

The rule was dispensed with, and the same read the second time forthwith; and

On motion of Mr. Lipscomb.

Ordered that said bill be committed to a committee of the whole house, and made the order of the day for to-morrow.

Ordered that the clerk inform the council that leave has been given to bring in said resolution.

A message from the Legislative council by Mr. Martin their secretary.

"MR. SPEAKER,

I am instructed to inform the house of representatives that the council request the documents relative to the divorce of Gray Sims from his wife Catharine Sims.

and then he withdrew.

Ordered that the clerk carry the necessary documents to the council.

The engrossed bill to increase the compensation of the public printer, was read the third time;

And on the question, shall this bill pass? it was resolved in the affirmative.

Ordered that the clerk carry the said bill to the council and ask their concurrence.

The house according to the order of the day, resolved itself into a committee of the whole house, on the bill to divide Montgomery county, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Everitt repor-


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ted that the committee had according to order had said bill under consideration, and had made sundry amendments thereto, which he delivered in at the clerk's table, where the same were read and severally agreed to by the house, and the said bill as amended was ordered to be forthwith engrossed, and was accordingly engrossed and read the third time forthwith.

And on the question, shall this bill pass as amended? it was resolved in the affirmative.

On motion of Mr. Fitzpatrick,

Resolved that the title of said bill be "an act to divide the county of Montgomery and to establish the county of Autauga".

Ordered that the clerk carry said bill to the council and ask their concurrence.

The house according to the order of the day resolved itself into a committee of the whole house on the bill sent from the council to alter and establish more particularly the boundaries of Shelby county, and to lay off a new county on the north east part thereof, and after some time spent therein, Mr. Speaker resumed the chair and Mr. Robishow reported that the committee had according to order had the said bill under consideration, and had made sundry amendments thereto, which he delivered at the clerk’s table, where the same were read and severally agreed to by the house, and the said bill as amended was ordered to be forthwith engrossed, and was accordingly engrossed and read the third time forthwith;

And on the question shall this bill pass as amended? it was resolved in the affirmative.

On motion of Mr. Clay,

Resolved that the title of said bill be "an act to alter and ascertain more particularly the boundaries of Shelby county, and to establish the county of Greene".

Ordered that the clerk inform the council


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thereof and ask their concurrence.

On motion of Mr. Vaughan.

The house resolved itself into a committee of the whole house on the bill from the council to alter and establish the boundaries of Cahawba county, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Lipscomb reported that the committee had according to order, had the said bill under consideration, and had made amendments thereto, which he delivered in at the clerk's table, where the same were read and agreed to by the house; and

Ordered that the said bill with the amendments be forthwith engrossed, was accordingly engrossed and read the third time forthwith;

And on the question shall this bill pass? It was resolved in the affirmative.

On motion of Mr. Lipscomb.

Ordered that the title of said bill be "an act to alter and establish the boundaries of Cahawba county."

Ordered that the clerk carry the said bill to the council and ask their concurrence.

The bill sent from the council for the relief of Mary Burney, relict of William B. Burney deceased, was read the second time; and

On motion of Mr. Clay.

Ordered that the said bill be indefinitely postponed.

A message from the Legislative Council by Mr. Martin their secretary.

"MR SPEAKER,

I am instructed to inform the house of Representatives that leave has been given to bring in a bill to establish election precincts in Monroe county.

I am also instructed to state that the council have concurred with the house of representatives in passing the bill to divorce Gray Sims from his wife Catharine Sims.


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The council have concurred with the house of representatives in the amendment to the bill to alter and establish more particularly the boundaries of Shelby county, and to lay off a new county in the north east part thereof.

The council have passed the bill which originated in the house of representatives with an amendment, to increase the compensation of the public printer, to which they desire your concurrence.

The council have concurred with the amendment of the house of representatives, to the bill to alter and establish the boundaries of Cahawba county."

And then he withdrew.

The bill from the council to authorise the administrator and administratrix of Henry Cannon deceased, to sell real estate, was read the second time; and

On motion of Mr. Clay,

The rule was dispensed with, and the same read the third time forthwith; and

On the question shall this bill pass? it was resolved in the affirmative.

On motion of Mr. Clay,

Resolved that the title of said bill be "an act to authorise the administrator and administratrix of Henry Cannon deceased, to sell certain real estate."

Ordered that the clerk inform the council thereof.

The bill appointing commissioners to lay off and sell lots in the town of Cahawba, and to provide for the temporary seat of government, was read the second time; and

On motion of Mr. Clay,

Ordered that said bill be committed to a committee of the whole house, and made the order of the day for to-morrow.

The house according to the order of the day


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resolved itself into a committee of the whole house on the bill sent from the council to authorise the appointment of a keeper and translator of the Spanish records and papers in this Territory, and after some time spent therein, Mr. speaker resumed the chair, and Mr. King reported that the committee had according to order had said bill under consideration, and had made sundry amendments thereto, which he delivered in at the clerk's table, and the said report was received and agreed to, and the said bill as amended was ordered to be forthwith engrossed - was accordingly engrossed and read the third time; and

On the question shall this bill pass as amended? it was resolved in the affirmative.

And on motion of Mr. Clay.

Resolved that said bill be entitled "an act to authorise the appointment of a keeper and translator of the Spanish records and papers in the Alabama Territory."

Ordered that the clerk do carry said bill to the council and ask their concurrence.

The house took up the amendment of the council on the bill to increase the compensation of the public printer and concurred therein.

Ordered that the clerk inform the council thereof.

On motion of Mr. Vaughan,

The house resolved itself into a committee of the whole house, on the bill from the council to divorce William Henry from Ann Henry his wife, and to legalise his marriage with Amelia Bradley, and to legitimate their children, and after some time spent therein Mr. Speaker resumed the chair, and Mr. Fitzpatrick reported that the committee of the whole had according to order had said bill under consideration, and had instructed him to report the same with


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amendments, which were read at the clerk's table, where said report was received and agreed to by the house; and the said bill as amended was read the third time forthwith; and

On the question shall said bill pass as amended? it was resolved in the affirmative.

On motion of Mr. Clay,

Resolved that the title of said bill be, "an act to divorce certain persons therein named."

Ordered that the clerk inform the council thereof and ask their concurrence.

The bill from the council concerning Hawkers and Pedlars, was read the second time; &

On motion of Mr. Fitspatrick,

Ordered that the same be committed to a committee of the whole house and made the order of the day for to-morrow.

The bill from the council authorising certain amendments in the Planters and Merchants bank of Huntsville, and for other purposes, was read the second time; and

On motion of Mr. Lipscomb,

Ordered that the same be committed to a committee of the whole house and made the order of the day for to-morrow.

The bill from the council to regulate sales at Auction, was read the second time, and

On motion of Mr. Lipscomb,

Ordered to be committed to a committee of the whole house and made the order of the day for to-morrow.

On motion of Mr. Clay.

The house resolved itself into a committee of the whole house on the bill to alter the times of holding the superior courts in the counties of Limestone, Cotaco, Lawrence, Franklin and Lauderdale, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Lipscomb reported that the committee had according to order had the said bill under considera-


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tion and instructed him to report the same with amendments, which were read at the clerk's table, and said report was received and agreed to, and said bill as amended was ordered to be engrossed and read the third time to-morrow.

On motion of Mr. King.

The house resolved itself into a committee of the whole on the bill to divide the county of Dallas, and to establish the county of _____, and after some time spent thereto, Mr. Speaker resumed the chair, and Mr. Robishow reported that the committee had according to order, had under consideration said bill, and had instructed him to report the same with amendments, which were read at the clerk's table;

And on the question will the house receive and agree to said report.? it was resolved in the affirmative.

And the yeas and nays being called for by two of the members present.

Those who voted in the affirmative are, Messrs, Anderson, Dale, Everitt, Fitzpatrick, King, Lipscomb, Slade, Smith, Sims (of C.) Walton, Warren and Wilson.- 12.

Those who voted in the negative are, Messrs. Brown, Clay, Hudspeth, Murrell, Robishow, Sims (of T.) Vaughan, and S. Walker- 8.

So the report of the Committee of the whole was received and agreed to by the house.

On motion of Mr. Smith.

Said bill as amended, was ordered to be engrossed and made the order of the day for its third reading on to-morrow.

A message from the Legislative council by Mr. Martin their secretary.

"MR. SPEAKER,

I am instructed to inform the house of Representatives that the Legislative


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council have concentrated in passing the bill to divide the county of Montgomery, and to establish the county of Autauga.

I am also instructed to state that the council have passed the bill supplemental to the laws governing judicial proceedings, which originated in the house of Representatives, with an amendment, to which the council ask your concurrence.

The council have concurred in the amendment made by the house of Representatives, to the bill to authorise the appointment of a keeper and translator of the Spanish records and papers in this Territory.

And then he withdrew.

On motion of Mr. Clay,

The house took up the resolution sent from the council, to adjourn both branches of the Legislature of this Territory , on Saturday the 21st inst. sine die, which was read the first time.

Mr. Lipscomb made a motion that said resolution be made the order of the day for its second reading on to-morrow ;

And the question, being taken thereon? it was resolved in the negative:

On motion of Mr. Clay,

The rule was dispensed with and the same read the second time forthwith;

And on motion of Mr. Clay,

The rule being further dispensed with, and the same read the third time forthwith; and

On the question shall this resolution pass? It was resolved in the affirmative.

The yeas and nays being demanded by two of the members present.

Those who voted in the affirmative, are Messrs. Brown, Clay, Fitzpatrick, Hudspeth, Murrel, Sims (of C.), Sims (of T.) Vaughan, S. Walker, Warren and Wilson- 11


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Those who voted in the negative, are Messrs. Anderson, Dale, Everitt, King, Lipscomb, Robeshow, Slade, Smith and Walton.- 9.

The rule requiring one day's previous notice and the resolutions prohibiting the introduction of new matter after Monday last, were dispensed with, and Mr. Everitt had leave to introduce a bill to authorise the taking the census of the Alabama Territory, which was read the first time,

On motion of Mr. Everitt,

The rule was dispensed with and the same read the second time forthwith; and

On motion of Mr. Everitt,

The rule was further dispensed with, and the same read the third time forthwith. And

On the question, shall this bill pass? it was resolved in the affirmative.

On motion of Mr. Everitt,

Resolved that the title of said bill be "an act to authorise the taking the census of the Alabama Territory".

Ordered that the clerk inform the council thereof.

On motion of Mr. Lipscomb,

The house adjourned until 9 o'clock to-morrow morning.