Thursday, Nov. 19

The house met pursuant to adjournment.

Mr. Clay from the joint committee on enrolled bills reported that the said committee had examined the following enrolled bills, to wit;

An act to divorce Gray Sims from Catharine Sims, his wife.

An act to alter and establish the boundaries of Cahawba county.

An act to alter and ascertain more particu-


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larly the boundaries of the county of Shelby, and to lay off a new county in the north east part thereof, to be called and known by the name of St. Clair.

An act to divorce certain persons therein named.

An act to authorise the Administratrix and Administrator of Henry Cannon deceased, to sell certain real estate.

An art to increase the compensation of the public printer.

And find the same truly enrolled, whereupon Mr. Speaker signed the same.

Ordered that the clerk carry said bills to the council

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 council have concurred in the resolution authorising the governor to appoint three commissioners to act with such persons as may be appointed by the governor of the state of Missisippi, to mark out the line dividing the state of Mississippi from the Territory of Alabama.

The Legislative council have passed the following bills :

A bill to incorporate the towns of Philadelphia and Coffeeville.

A bill to divorce John Barron from his wife Clarissa Barron.

A bill to authorise David Norris to manumit his negro woman slave Nancy.

A bill to establish elections precincts in the county of Monroe, to which the council desire your concurrence.

Mr. Everitt made a motion that the rule requiring one day's previous notice, and the reso-


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lution prohibiting the introduction of new matter after Monday last, be so far rescinded as to enable him to present a petition; and

The question being taken thereon, it was resolved in the negative, so the motion was lost.

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

Those who voted in the affirmative are, Messrs. Dale, Everitt, Robishow, Smith, and Walton- 5.

Those who voted in the negative are,

Messrs. Anderson, Brown, Clay, Fitzpatrick , Hudspeth, King, Lipscomb, Murrel, Slade Sims (of C.) Sims (of T.), Vaughan, S. Walker, Warren and Wilson- 16.

Mr. Fitzpatrick from the committee appointed for so much of the governor's message as relates to the establishing of permanent boundary lines, reported a bill to alter and establish the boundary line between the counties of Dallas and Autauga, which was read the first time.

On motion of Mr. King,

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

On motion of Mr. King,

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. Fitzpatrick,

Resolved that the title of said bill be an act to establish the boundary line between the counties of Dallas and Autauga.

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

The bill sent from the council to establish election precincts in the county of Monroe was read the first time; and

On motion of Mr. Dale,


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

On motion of Mr. Dale,

Ordered that the same be made the order of the day for its third reading on to-morrow.

The bill sent from the council to authorise David Norris to manumit his negro woman slave Nancy, was read the first time, and

On motion of Mr. Fitzpatrick,

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

On motion of Mr. Smith,

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.

And on motion of Mr. Smith,

Resolved that the title of said bill be "an act to authorise David Norris to manumit his negro woman slave Nancy."

Ordered that the clerk carry said bill to the council and inform them thereof.

The bill sent from the council to divorce John Barron from his wife Clarissa Barron, was read the first time; and

On motion of Mr. Smith,

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

And on motion of Mr. Smith,

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.

And on motion of Mr. Smith,

Resolved that the title of said bill be "an act to divorce John Barron from his wife Clarissa Barron."


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Ordered that the clerk inform the council thereof.

The bill sent from the council to incorporate the towns of Philadelphia and Coffeeville, was read the first time; and

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

On motion of Mr. Clay,

Ordered that said bill be postponed indefinitely.

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

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

Those who voted in the negative, are Messrs. Dale, Fitzpatrick, King, Murrell, Robishow, Slade, Smith, Walton & Warren- 9.

A message from his excellency the Governor by Mr. Lyon his private secretary.

"MR. SPEAKER,

I am instructed to inform you that his excellency the governor has approved and signed the following bills which originated in the house of representatives, viz.

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

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

An act to make lawful and obligatory certain marriages therein named."

And then he withdrew.

The engrossed bill to alter the times of holding the superior courts in the counties of Limestone, Cotaco, Lawrence, Lauderdale & Franklin, was read the third time;


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

And on motion of Mr. Clay,

Resolved that the title of said bill be an act to alter the times of holding the superior courts in the counties of Limestone, Cotaco, Lawrence Lauderdale and Franklin.

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

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

"MR. SPEAKER,

I am instructed by the Legislative council to inform the house of Representatives that the governor has informed the council by message, that he has approved and signed an act for the relief of Ann Hughes, Guardian of the infant heirs of Rawleigh Hughes deceased, which bill originated in the council.

The council have concurred with the house of representatives in passing the bill to alter and establish the boundary line between the counties of Dallas and Autauga.

The council have concurred with the house of representatives in passing the bill to alter the times of holding the superior courts in the counties of Limestone, Cotaco, Lawrence, Lauderdale and Franklin."

And then he withdrew.

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 regulate sales at Auction, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Clay reported that the committee had according to order, had the said bill under consideration and had instructed him to report the


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same without amendment, and the said report was received and agreed to; and the said bill was ordered to be 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 regulate sales at auction."

Ordered that the clerk inform the council thereof.

The house according to the order of the day resolved itself into a committee of the whole on the bill appointing commissioners to lay off and sell lots in the town of Cahawba, and to provide for the temporary seat of government, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Robishow reported that the committee has according to order had said bill under consideration, and had made sundry amendments thereto, which he delivered in at the clerks table where the same were read and severally agreed to by the house.

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.

On motion of Mr. Everitt,

Ordered that the said bill with the amendments, be engrossed and recommitted to a committee of the whole house and made the order of the day for its third reading on to-morrow.

On motion of Mr. Anderson,

The house adjourned until 4 o'clock P. M.

The house met pursuant to adjournment.


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The house according to the order of the day, resolved itself into a committee of the whole house, on the bill authorising the taking the census of the Alabama Territory, and after some time spent therein Mr. Speaker resumed the chair and Mr. Fitzpatrick reported that the committee had according to order had said bill under consideration, and had instructed him to report the same without amendment, which report was received and agreed to by the house and the said bill was ordered to be engrossed forthwith, was accordingly engrossed and read the third time forthwith.

On the question shall this bill pass? 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, Murrel, Robishow, Sims (of T.), Vaughan and S. Walker- 8.

On motion of Mr. Everitt,

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

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

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 have passed an act to fix the permanent seat of justice in the county of Mobile, and to erect public buildings.


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Also an act to alter the times of holding courts in the southern district of this Territory, to which the council desire the concurrence of the house of Representatives."

And then he withdrew.

The house according to the order of the day resolved itself into a committee of the whole house on the bill for the government of the port and harbor of Mobile, and for other purposes, and after some time spent therein Mr. Speaker resumed the chair, and Mr. Clay 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, where the same were read and severally agreed to by the house.

Ordered that the said bill with the amendments be engrossed and made the order of the day for its third reading on to-morrow.

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 authorising deeds of conveyance to be acknowledged, and rights of dower to be relinquished before clerks of courts and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Everitt reported that the committee had according to order had the said bill under consideration, and had instructed him to report the same without amendment, and the said report was received and agreed to by the house;

And on motion of Mr. Smith,

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

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 authorising deeds of Conveyance to be acknow-


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ledged and rights of dower to be relinquished before clerk's of courts."

Ordered that the clerk carry the said bill to the council and inform them thereof.

The house according to the order of the day resolved itself into a committee of the whole house, on the resolution sent from the council to increase the compensation of the secretary and clerks and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Lipscomb reported that the committee had according to order had said resolution under consideration, and had made an amendment thereto, which he delivered in at the clerk's table, where the same was read and agreed to by the house, and the said resolution as amended was ordered to be read the third time forthwith.

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

On motion of Mr. Clay,

Resolved that the title of said resolution be an act to increase the compensation of the secretary clerks and door-keepers.

Ordered that the clerk inform the council thereof.

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

"MR. SPEAKER,

I am instructed by the Legislative council to inform the house of Representatives that the bill authorising the taking the census of the Alabama Territory, the council have resolved shall not pass.

And then he withdrew.

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 make certain alterations in the Planters and Mer-


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chants bank of Huntsville, and for other purposes, and after some time spent therein Mr. Speaker resumed the chair, and Mr. Smith reported that the committee had according to orders 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 on motion of Mr. Smith,

The said bill as amended was ordered to be 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. Lipscomb,

Resolved that the title of said bill be "an act to change the mode of increasing the capital stock of the Planters and Merchants bank of Huntsville, and the Tombeckbe bank, and for other purposes."

Ordered that the clerk inform the council thereof.

On motion of Mr. Walton,

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