Friday, Dec. 3

The house met pursuant to adjournment. Mr. Vaughan presented the petition of Nancy Hunter, praying permission to have the notary publics certificate (certifying her freedom) recorded in the county court of Madison.

On motion of Mr. Vaughan, ordered , that said petition be referred to the committee of propositions and grievances.

Mr. Exum presented the petition of Mary Hargrove, William Hargrove, Benjamin Hargrove, and Andrew Hargrove, executrix and executors of James Hargrove, deceased, praying an act to be passed, authorising said executrix and executors to sell certain real estate.

On motion of Mr. Exum, ordered, that said petition be referred to a select committee, whereupon messrs. Exum, Whitaker and Saffold were appointed.

Mr. Townes asked for, and obtained leave to bring in a bill to amend the several acts relating to public ferries, whereupon, messrs. Townes, P. Fitzpatrick and Taylor, were appointed a committee for that purpose.

Mr. Chapman from the select committee, to whom was referred the bill for leasing the sixteenth section in each township, in this state, reported the same as amended. The house then proceeded to the consideration of said bill as amended.

Mr. Owen moved to further amend said bill, by adding an additional section after the 9th section, which was decided in the affirmative, and the question being put, shall this bill pass as amended, it was decided in the affirmative, ordered, that the same as amended be returned to the senate for their concurrence.


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Mr. Chapman asked for, and obtained leave to bring in a bill to appoint additional commissioners in Huntsville, which was read the first time, and made the order of the day for a second reading on to-morrow.

Mr. Owen asked for, and obtained leave to bring in a bill to alter and amend the laws regulating the admission and practice of councillors and attorneys at law, which was read the first time and made the order of the day for a second reading on to-morrow.

Mr. Saffold from the committee on roads and rivers made the following report, that they have had under their consideration a petition, from sundry inhabitants of the county of Madison, praying that a law may be passed making provision for opening the navigation of Indian Creek, in said county, and believe the prayer of said petitioner to be unreasonable, and as such ought not to be granted.

On motion of Mr. Saffold, ordered, that said report be concurred in.

Mr. Saffold asked for and obtained leave to bring in a bill, to incorporate the Alabama bridge company, which was read the first time and made the order of the day for a second reading on to-morrow.

A message from the senate by Mr. Garth- Mr. Speaker and gentlemen of the house of representatives.

The senate have passed a bill, for the encouragement of killing and destroying wolves and panthers (which originated in your hon. body) and proposed to amend the same, by inserting after the words "wolf or panther" and "wolves and panthers" whereever they may occur the words bear and wild cat.

And by adding to the end of the 1st section, these words, bears two dollars, and wild cats one dollar.

Also the following message, by Mr. Garth - The senate have read the 3d time & passed the following acts,

An act to prevent frauds, &c. at land sales. An act to provide for the appointment of county officers, and, an act to change the name of the county of Cahawba, to which they desire your concurrence.

The house proceeded to the consideration of the or-


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der of the day, on the bill to authorise justices of the peace to receive the acknowledgement and probate of deeds, and relinquishment of dowers, which was read the third time and passed and the title changed to that of an act, to authorise justices of the peace to receive the acknowledgment and probate of deeds, and relinquishment of dowers; Ordered, that the same be sent to the senate for their concurrence.

Also the bill to regulate property contracts, which was read the third time and passed, and the title changed to that of an act, to regulate property contracts; Ordered that the same be sent to the senate for their concurrence.

Also the bill to amend the several acts concerning the trial of slaves, which was read the third time and passed and the title changed to that of an act, to amend the several acts concerning the trial of slaves; Ordered, that the same be sent to the senate for their concurrence.

Also the bill providing for the determination of suits and controversies by arbitration, which was read the second time and made the order of the day for a third reading on to-morrow.

Also the bill to amend the acts respecting weights and measures. Mr. Walker moved to amend said bill, by inserting the words pewter after the word copper, which was decided in the affirmative,-which bill was read the second time and made the order of the day for a third reading on to-morrow.

Also the bill to establish a seat of justice in the county of Montgomery, and for other purposes.

Mr. Cleveland moved to amend said bill, by striking out the third and fourth sections, which was decided in the affirmative. Mr. Edmonson moved to strike out the name of Jones Ashley in the first section, which was decided in the affirmative.

Mr. Edmonson also moved, that the name of William A. Campbell be inserted in lieu thereof, which was decided in the affirmative, which bill was read the second time, and made the order of the day for a third reading on to-morrow.

Also the bill to authorise the administratrix of Josiah


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Woods, deceased and Edmond J. Bailey to sell certain real estate, which was read the second time and made the order of the day for a third reading on tomorrow.

Also the bill to provide for the removal of the public offices, which was read the second time, and made the order of the day for a third reading on to-morrow.

Also the bill to prevent malicious or fraudulent mischief. On motion of Mr. Everitt, ordered that said bill be committed to a committee of the whole, and made the order of the day for Tuesday next.

Also the bill to change the name of the county of Cahawba , which was read the first time, and made the order of the day for a second reading on to-morrow.

Also the bill to prevent frauds and fraudulent combinations in the sale of public lands within this state, which was read the first time.

Mr. Lamkin moved for said bill to be indefinitely postponed, which was decided in the negative. The ayes and noes being called for, were as follows:

AYES- messrs. Birney, Edmonson , Exum, J. Fitzpatrick, Lamkin, Murrell, Moody, Thomspon, Walker and Wilson -10

NOES- messrs. Speaker, Byler, Bigham, John Brown, Isaac Brown, Bates, Cleveland, Creagh, Chapman Coats, Dennis, Dillahunty, Everitt, P. Fitzpatrick, Hill, Hardwick, Jones King, Lee, McBee, Matterson, Owen, Perkins , Peters, Saffold, Seargent, Sims, Townes, Taylor, Vaughan, Whitaker, Weedon, Watts and Winston, -34.

which bill was read the first time, and made the order of the day for a second reading on to-morrow.

Mr. Vaughan from the committee of enrolled bills, made the following report: The committee have examined the following acts, viz.

An act to authorise Thomas Johnston, to manumit a certain person of colour therein named.

An act permanently to fix the seat of justice in the county of Lawrence.

An act to appoint commissioners to lay out a road therein named.

An act providing for the preservation of public arms, And an act to provide for the sale of lots in the town of Cahawba, which several bills originated in the senate and find the same truly enrolled.

On motion of Mr. Byler, ordered, that the report of


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the committee of the whole house, on the bill to prevent abuses in taking up strays, be taking up.

On motion of Mr. Owen, ordered, that this house do now adjourn until 3 o'clock this evening.

Three o'clock- The house met pursuant to adjournment, and proceeded to the consideration of the report of the committee of the whole, on the bill to prevent abuses in taking up strays, which on motion of Mr. Cleveland, was ordered to lie on the table.

The house then resumed the order of the day, on a bill to provide for the appointment of county officers, which being read the first time, was ordered to be made the order of the day for second reading on tomorrow.

Mr. Everitt moved the adoption of the following resolutions:

Resolved, that the senate be informed that the house of representatives will be ready at six o'clock this evening, to go into the election of judges of the county court, for the counties of Mobile, Baldwin, Clarke, Washington, Monroe, Conecuh, Henry and Butler, and at six o'clock on Monday evening, for judges of said court, for the counties of Wilcox, Marengo, Green, Perry, Dallas, Autauga, Montgomery, Cahawba, and Shelby, and on Tuesday evening at the same hour, for judges of said court, for the counties of St. Clair, Tuscaloosa, Blount, Cotaco, Franklin, Marion and Lawrence and on Wednesday evening at the same hour, for judges of said court, for the counties of Lauderdale, Limestone, Madison and Jackson, which was resolved in the affirmative, and on motion of Mr. Everitt, ordered that the senate be informed thereof.

A message from his excellency the governor, by Mr. Hitchcock- Mr. Speaker and gent. of the house of representatives. The governor did approve and sign on the third Dec. instant.

An act, for the relief of the assessor, tax collector and those who are in arrearages for taxes in the county of Lauderdale, for the year 1819.

An act to establish the town of Summerville, in the county of Cotaco.


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An act to establish the seat of justice in Limestone county, and for other purposes.

An act to authorise the administrator and administratrix of John Childress, deceased to sell real estate.

And a resolution for contracting for public printing all of which, originated in the house of representatives.

Also a message as follows:

Gentlemen of the senate and house of representatives, Having received a communication from the governor of Pennsylvania , enclosing a copy of resolutions, adopted by the legislature of that state, which propose an amendment to the constitution of the United States, I herewith lay the same before the general assembly.

Signed, Wm. W. BIBB.

HUNTSVILLE, Dec. 3, 1819

Which message with the accompanying documents, were read by the speaker, and

On motion of Mr. Birney, ordered to lie on the table.

The house again resumed the order of the day, on the bill for the encouragement of the destruction of wolves and panthers, which was, on motion of Mr. Chapman, ordered to lie on the table.

On motion of Mr. Vaughan, ordered, that the bill regulating the charges of physicians, be taken up, which being read a second time.

Mr. Sims moved, that said bill be indefinitely postponed, which was decided in the negative, the ayes and noes being demanded, they were as follows, viz.

Those who voted in the affirmative were messrs. Speaker, Isaac Brown, Cleveland, Coats, Dale, Hill, Harrison, Jones, King, Lee, Murrell, Matterson, Saffold, Seargent, Sims, Thompson, Taylor, Wilson and Winston -19.

Those who voted in the negative were messrs. Byler, Birney, Bigham, John Brown, Bates, Creagh, Chapman, Dennis, Dillahunty, Exum, Everitt, P. Fitzpatrick, J. Fitzpatrick, Hardwick, Lamkin, Moody, McBee, Townes, Vaughan, Whitaker, Walker, Weedon, and Watts -23.

On motion of Mr. Townes, ordered, that this house resolve itself into a committee of the whole on said bill.

Mr. Walker in the chair, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Walker reported that the committee of the whole had according to order, had said bill under consideration, and had made sundry amendments thereto.

Mr. Winston moved that the report of said committee


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be indefinitely postponed, which was decided in the affirmative.

Mr. Sims gave notice that on to-morrow, he would ask leave to bring in a bill to prevent the driving of cattle from the south to the north in the warm season of the year .

A message from the senate, by Mr. Garth.

Mr. Speaker, the senate concur in the resolutions proposing the elections of inferior courts in the several counties in this state, with an amendment thereto, by striking out the counties of Mobile and Baldwin, to which they desire the concurrence of your hon. body.

On motion of Mr. Chapman, ordered, that this house concur in said amendment, and that the senate be informed thereof.

On motion of Mr. Cleveland, ordered, that this house adjourn until 6 o'clock this evening.

6 o'clock- The house met pursuant to adjournment.

On motion of Mr. Vaughan, ordered, that the senate be informed that this house is now ready to proceed to the election of judges of the county court.

A message from the senate- Mr. Speaker, the senate have adopted the following resolution,

Resolved, that the senate deem it inexpedient to elect the judges of the inferior courts, until a law passes authorising their election, and desire you to agree that said election be postponed.

On motion of Mr. Townes, ordered, that this house concur in said message, and that the senate be informed thereof.

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