Saturday, Nov. 27th, 1819

The house met pursuant to adjournment.

Mr. Dillahunty from the select committee to whom was referred the petition of sundry inhabitants of Lawrence county, reported a bill to provide for appointing pilots through the muscle shoals of Tennessee river, which was read the first time and made the order of the day for a second reading on Monday next.


106

Mr. Walker from the committee of propositions and grievance, to whom was referred the petition of Isham Burke, reported that they have had the same under consideration, and not being able from the petition or accompanying documents to ascertain where said Burke lives, recommend that the prayer thereof be not granted. On motion ordered that said report be received.

On motion of Mr. Vaughan, ordered that said committee be discharged from the further consideration of said petition.

Mr. Saffold from the committee on rivers and roads reported a bill to authorise the laying off and cutting out certain roads therein mentioned- which was read the first time and made the order of the day for a 2d reading on Monday next.

Mr. Saffold from the committee on roads and rivers to whom was referred the petition of sundry inhabitants of Lauderdale county, praying that shoal creek may be kept open and made navigable- Also the petition of sundry inhabitants of Madison, Cotaco & Blount counties, praying that Wm. Bradley and Isham Bradley be authorised to lay off and cut a road from Ditto's landing on Tennessee river to the settlements on the head waters of the Black warrior. Also the petition of sundry inhabitants of this state, praying that if a turnpike road be established from Ditto's landing to the Falls of Tuscaloosa river, the same may be placed under the direction and for the benefit of George & James McWhorter. Also the petition of sundry inhabitants of Cotaco county, praying that a road be established from Huntsville by Lemon's ferry, on the Tennessee river, thence up the gap of the mountain which intersects with Gain's trace, thence to the Falls of the Black warrior, reported that they have had said petitioners under consideration and believe it to be inexpedient to grant the prayer of the several petitions at this time -- On motion ordered that said report be received. On motion ordered that said committee be discharged from further consideration on said petitions.


107

The house then proceeded to the consideration of the order of the day on the bill to regulate the courts of law and equity in this state. Mr. Chapman moved to strike out (in the 49th page and eighth line) the words "of pleas and quarter sessions," which was decided in the affirmative. Mr. Chapman them moved to insert (in the same page and line the word 'county,' which was decided in the affirmative. Mr. Perkins moved for said bill to be recommitted to the judiciary committee, which was decided in the negative.

Mr. Birney moved, that said bill be recommitted, with the following instructions to report, there shall be four sessions of the county court, two semi-annually, for the trial of all causes of which it has the jurisdiction; and that at every session all county business shall be transacted which has heretofore been transacted by the orphans court; which was decided in the affirmative.

Mr. Isaac Brown, asked for, and obtained leave to bring in a bill to regulate the deduction of the salaries of public officers, for neglect of duty in their official capacities.

On motion of Mr. Isaac Brown, ordered that a committee be appointed for that purpose- whereupon messrs. Isaac Brown, Seargent and Lee, were appointed.

Mr. Townes from the committee on duties enjoined on the General Assembly, reported a bill to amend the several acts concerning the trial of slaves, which was read the first time and made the order of the day for second reading on Monday next.

Mr. Chapman from the committee to whom was referred the petition of Madison Lodge No. 21, and Alabama Lodge No. 21, reported a bill for the benefit of said Lodges, which was read the first time, and made the order of the day for a second reading on Monday next.

The house resumed the order of the day, on the bill to regulate the rate of interest.

Mr. Birney moved to strike out the whole of said bill for the word 'that,' in the first, second and third lines, which was decided in the negative.


108

Mr. Owen moved to amend said bill (at the end of the second section) by inserting the following (to wit): "or within three years after the commissioners of the office, or in one year after the time of payment of any money, goods, wares or merchandize, contracted to be paid on any usurious agreement or contract", which was decided in the affirmative, and which bill was read a second time, and ordered to be engrossed for a third reading, and made the order of the day for Monday next.

On motion of Mr. Saffold, ordered that messrs. Owen and Townes be added to the committee on ways and means.

The house resumed the order of the day on the bill to change the name of St. Clair county to that of Jasper, which was read a second time. Mr. Cleveland moved to postpone said bill indefinitely, which was decided in the affirmative.

Also the bill to establish the seat of justice in the county of Lauderdale, which was read the second time, and ordered to be engrossed for a third reading, and made the order of the day for Monday next.

Also the bill to incorporate the Baptist Church on Limestone in Madison county, which was read the second time, and ordered to be engrossed for a third reading, and made the order of the day for Monday next.

On motion of Mr. Owen, ordered that the house take up the bill to provide for the sale of lots in the town of Cahawba, and for other purposes,- when the house proceeded to reconsider the vote taken on striking out the seventh section of said bill which was decided in the affirmative- the ayes and noes were as follows:

FOR Striking out- Messr. Birney, Bgham, John Brown, Isaac Brown, Coats, Exum, Hill, Lamkin, Murrell, Moody, McBee, McCarley Perkins, Sargeant, Sims, Townes, Vaughan, Whitaker, Walker, Weedon, Wellburne, Watts and Winston- 23.

NOES: Messrs Speaker, Byler, Bates, Cleveland, Creagh, Chapman, Dennis, Davis, Dillahunty, P. Fitzpatrick, Hardwich, Harrison, King, Lee, Matteson, Owen, Saffold, Taylor, & Wilson -19.

On motion of Mr. Owen, ordered that said bill lie on the table.


109

The house resumed the order of the day, on the bill to establish a public road therein named, which was read the second time, and ordered to be engrossed, and made the order of the day for a third reading on Monday next.

On motion of Mr. Hardwich, ordered that this house adjourn.