Wednesday, December 10.

Mr. Jones presented the petition of sundry inhabitants of Lawrence county, praying that the sheriff of said county may be allowed to sell property at Courtland, in said county; which was received, and referred to a select committee, consisting of Messrs. Jones, McVay and Young.


73

Mr. Crenshaw presented the petition of George Phillips and Caleb Tate, executors of Bailey M. Woods, deceased, praying that an act may pass manumitting a negro Letitia, the property of said Bailey M. Woods, deceased; which was referred to a select committee, consisting of Messrs. Crenshaw, Phillips and Ashley.

Mr. Beck presented the petition of sundry inhabitants of Wilcox county, praying an alteration in a part of the road directed to be laid out between Cahawba and Pensacola; which was referred to the committee on roads, bridges, ferries, &c.

Mr. Beck presented the petition of Robert H. Gregg, tax collector of Wilcox county for the year 1820, praying that a certain sum may be refunded to him on account of insolvencies; which was received, and referred to the committee of propositions & grievances.

Mr. Ashley presented the petition of Jacob Dust, administrator of John Cain, deceased, praying the manumission of a negro named Nicey, belonging to the estate of said Cain; which was received, and referred to a select committee, consisting of Messrs. Ashley, McLemore, and Pickett.

Mr. Gayle, from the committee of ways and means, to whom was referred a bill from the Senate, entitled "An act to provide for taking the census," reported said bill with sundry amendments; in which amendment the House concurred.

Ordered, That said bill be read a third time to-morrow.

A message from the Senate by Mr. Lyon, their secretary:

Mr. Speaker:- The Senate have passed bills, which originated in their body, of the following titles, to wit:

An act to authorize Rebecca Fletcher to emancipate a certain slave therein named:

An act pointing out the manner by which the streets in the towns of Tuskaloosa and Montgomery shall be kept in good order, and for other purposes; and

A resolution respecting the further distribution of the laws of this state; in all of which they desire you concurrence. And then he withdrew.

Mr. Gayle, from the committee of ways and means, to whom was referred a bill, to be entitled "an act to reduce the expenses of the General Assembly of this state," reported the same without amendment.

Mr. Gayle, from the same committee, to whom was referred so much of the Governor's Message, as relates to the loan from the Tombeckbe Bank, Reported, that it is unnecessary to continue said loan; in which report the House concurred.,

Mr. Gayle, from the same committee, to whom was referred a resolution directing them to inquire whether any, and if any, what alterations are necessary to be made respecting the compensation now allowed for collecting the county tax in the several counties of this state. Reported, that the committee ask to be discharged from the further consideration thereof, as there is a bill now before the House embracing that object.

The committee were accordingly discharged from the further consideration thereof.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution directing them to inquire into the expediency of altering

10


74

the county court system, Reported, that they consider any alteration therein inexpedient. And the question being put, shall this House concur in said report, it was decided in the affirmative-- Yeas 35, Nays 21.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Speaker

Fluker

Haines

Moore, of J.

Phillips

Ashley

Fleming

Jackson

Mardis

Philpott

Brown

Gayle

Jones

Mead

Pickett

Crenshaw

Goodhue

Lister

McLaughlin

Perkins

Creagh

Hallett

McConnico

Manley

Smith

Dale

Hill, of T.

Merriwether

Miller

Tindall

Fitts

Harrison

McLemore

Oliver

Weissinger-35

Those who voted in the negative, are:

Mr. Beck

Hill, of Bibb,

Moore, of Mad.

Peyton

Sargent

Barclay

King

Moore, of Mar.

Salter

Skinner

Dennis

Lanier

Martin

Sims

Vining

Fields

McVay

Powell

Shotwell

Whitaker-21

 Harvey
       

Mr. Oliver, from the same committee, to whom was referred a bill, to be entitled "an act concerning contracts," Reported, that they had amended the said bill by striking out the enacted in clause.

Mr. Oliver moved that the House concur in said report, which was carried-- yeas 33, nays 23.

The yeas nays being called for, those who voted in the affirmative, are:

Mr. Ashley

Fitts

Harvey

Moore, of Mar.

Pickett

Beck

Fluker

Jackson

Mardis

Salter

Brown

Fleming

Jones

McLaughlin

Sims

Crenshaw

Gayle

Lister

Manly

Smith

Creagh

Goodhue

McConnico

Miller

Tindall

Dale

Hallett

Merriwether

Oliver

Weissinger-33

Dennis

Haines

McLemore
 

Those who voted in the negative, are:

Mr. Speaker

Harrison

Moore, of J.

Powell

Skinner

Barclay

King

Mead

Peyton

Vining

Fields

Lanier

Martin

Perkins

Whitaker-23

Hill, of T.

McVay

Phillips

Shotwell

Hill, of B.

Moore, of Mad.

Philpott

Sargent
 

Mr. Mead from the committee on roads, bridges, ferries, &c. to whom was referred the petition of Benjamin Hatch, reported a bill, to be entitled "An act for the relief of Benjamin Hatch;" which was read a first time, and ordered to read a second time to-morrow.

Mr. Fitts, from the joint committee on enrolled bills, reported, that said committee had examined, and find correctly enrolled, bills of the following titles, to wit:

An act for the relief of Martin Hogan;

An act supplementary to an act, entitled, an act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete titled has not been obtained, passed December 27, 1822.

"An act declaring Cotaco, in Morgan county, a public highway;"

"An act to amend an act entitled an act to incorporate the Huntsville Fire Engine Company, passed December 10, 1822."

Mr. Pickett, from the joint committee, to whom was referred a resolution to inquire into the expediency of so altering the constitution of this state, as that the judges of the circuit and county courts should be elected for a term of years: Reported, that it is inexpe-


75

dient to make any alteration of the constitution in relation to that subject.

And the question being put, on concurring in said report, it was decided in the negative.

Yeas 17,       Nays 40.

The yeas & nays being called for, those who voted in the affirmative are,

Mr. Speaker

Haines

Lister

Moore, of Mar.

Young-17

Creagh

Harrison

McConnico

Martin

Gayle

Jackson

Merriwether

Perkins
 

Hill of T.

Jones

Moore, of J.

Tindall
 

Those who voted in the negative, are,

Mr. Ashley

Fitts

Lanier

Miller

Sims

Beck

Fluker

McLemore

Oliver

Shotwell

Brown

Fleming

McVay

Phillips

Sargent

Barclay

Goodhue

Moore of Mad.

Philpott

Skinner

Crenshaw

Hallett

Mardis

Powell

Smith

Dale

Harvey

Mead

Peyton

Whitaker

Dennis

Hill of B.

McLaughlin

Pickett

Weissinger-40

Fields

King

Manly

Salter

Mr. Fleming, from the select committee, to whom was referred, the petition of the administrators of Walter Otey, deceased; reported a bill, to be entitled "An act to authorize the administrators of Walter Otey, deed, to sell certain real estate;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Gayle, from the joint committee, to whom was referred a resolution directing them to inquire whether it will necessary for the General Assembly, under the provisions of the constitution, to elect solicitors who were appointed to fill vacancies at the last session; and whether the solicitors elected to fill vacancies shall hold their offices during four years from the date of their elections respectively; Reported, That it is not necessary at the present session to elect solicitors, who were elected at the last; and that they are entitled to hold their offices for four years. In which report the House concurred.

Mr. Beck obtained leave to introduce a bill to be entitled an act to repeal in part an act entitled "An act declaring certain roads therein named, public roads."

Mr. Fleming obtained leave to introduce a bill, to be entitled "an act to amend an act entitled, an act to incorporate Indian Creek Navigation Company, passed at Cahawba, 21st Dec. 1820."

Mr. Jones obtained leave to introduce a bill, to be entitled "an act regulating the construction of contracts."

Mr. Ashley obtained leave to introduce a bill, to be entitled "an act to alter the name of & legitimate a certain person therein named."

Mr. Powell obtained leave to introduce a bill, to be entitled "an act authorizing Claiborne Wright and his associates, to open a channel in a certain part of the Tennessee river therein named.

Mr. Hallett obtained leave to introduce a bill, to be entitled "an act providing for the collection of monies due to counties and county taxes."

Mr. Harvey obtained leave to introduce a bill, to be entitled "an act to repeal part of an act, entitled, an act to appoint commissioners for the counties of Covington and Pike, and for other purposes;" which bills were severally read a first time, and ordered the first six to be read a second time to-morrow, and the latter on Friday next.


76

Mr. Mardis presented the account of William Davis, a constable; which was received and referred to the committee on accounts.

On motion of Mr. Hill, of Bibb, the House took in to consideration a bill, to be entitled "An act to authorize Sally B. Stevens, administratrix of Henry W. Stevens, deceased, to sell real estate."

Ordered, That said bill be engrossed for a third reading to-morrow.

Mr. McVay offered the following resolution: Resolved, That the committee on schools and colleges and school and college lands, be instructed to inquire into the expediency of locating the State University at the town of Moulton, in Lawrence county; which was rejected.

On motion of Mr. Weissinger, the House took into consideration a bill, to be entitled "An act to alter and amend an act entitled an act to provide for assessing and collecting the taxes of this state, passed Dec. 17, 1821."

Ordered, That said bill be referred to the committee on was and means.

The House then took into consideration a bill, to be entitled "an act to reduce the expenses of the General Assembly of this state."

Mr. Gayle moved, that the further consideration of said bill be indefinitely postponed; which was carried.

Yeas 35       Nays 21.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Ashley

Fitts

Hill of T.

Moore of Mad.

Philpott

Beck

Fleming

Hill of B.

Moore of J.

Powell

Barclay

Gayle

Lister

Mead

Salter

Creagh

Goodhue

Lanier

McLaughlin

Shotwell

Dale

Hallett

McConnico

Manly

Tindall

Dennis

Harvey

Merriwether

Martin

Whitaker

Fields

Haines

McLemore

Oliver

Weissinger-35

Those who voted in the negative, are:

Mr. Brown

Jones

Miller

Sims

Young-21

Crenshaw

King

Phillips

Sargent

Fluker

McVay

Peyton

Skinner
 

Harrison

Moore of Mar.

Pickett

Smith
 

Jackson

Mardis

Perkins

Vining
 

Bills and a resolution from the Senate, of the following titles, to wit: "An act to authorize Rebecca Fletcher, to emancipate a certain slave therein named;"

"An act pointing out the manner by which the streets in the towns of Tuskaloosa and Montgomery, shall be kept in good order, and for other purposes;" and,

Resolution, respecting the further distribution of the laws of the state; were severally read a first time, and ordered to be read a second time to-morrow.

And then the House adjourned till 3 o'clock this evening.

Evening Session.

A bill, to be entitled "An act to alter the boundary line of Jefferson county;" was read a second time, and ordered to be engrossed for a third reading to-morrow.

It would appear by the vote given by the undersigned for the indefinite postpone met of the bill, to be entitled "an act to reduce the expenses of the General Assembly of this State, that we are opposed to such reduction, which is not the fact, for the undersigned voted for the indefinite postponement of the bill; first, because the same subject had been


77

before the Senate, who had refused to reduce the compensation; and secondly, because the bill before the House of Representatives, only proposed to reduce the compensation from and after the passage of the act; and as the bill would not have been finally acted on, until the session had nearly drawn to a close, therefore the desirable object of reducing the expenses of the General Assembly would not have been effected, so far as relates to the present session.

JAMES POWELL,

SAMUEL W. OLIVER.

A bill, to be entitled "An act to allow to Henry Hitchcock, compensation for superintending the printing the digest of the statutes of this state, and making an index for the same;" was read a second time, and ordered to lie on the table.

Resolutions proposing Gen. Andrew Jackson as a suitable candidate for President of the United States; were read a third time.

Mr. Haines moved, that said resolutions lie on the table; which was lost. -Yeas 6- Nays 51.

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Haines

McLaughlin

Smith

Harrison

Perkins

Tindall-6

Those who voted in the negative are:

Mr. Speaker

Fluker

Lister

Manly

Shotwell

Ashley

Fleming

Lanier

Martin

Sargent

Beck

Gayle

McConnico

Miller

Skinner

Brown

Goodhue

Merriwether

Oliver

Vining

Barclay

Hallett

McLemore

Phillips

Whitaker

Crenshaw

Harvey

McVay

Philpott

Weissinger

Creagh

Hill of T.

Moore of Mad.

Powell

Young-51

Dale

Hill of B.

Moore of J.

Peyton

Dennis

Jackson

Moore of Mar.

Pickett
 

Fields

Jones

Mardis

Salter
 

Fitts

King

Mead

Sims
 

The question was then put, shall this preamble and resolutions pass? and decided in the affirmative.- Yeas 39- Nays 18

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Speaker

Gayle

King

Mead

Salter

Ashley

Goodhue

Lanier

Manly

Shotwell

Brown

Hallett

McLemore

Martin

Sargent

Barclay

Harvey

McVay

Miller

Skinner

Crenshaw

Hill, of B.

Moore of Mad.

Philpott

Vining

Dale

Hill, of T.

Moore of J.

Powell

Whitaker

Fields

Jackson

Moore of Mar.

Peyton

Young-36

Fleming

Jones

Mardis

Pickett

Those who voted in the negative, are:

Mr. Beck

Fluker

McConnico

Phillips

Tindall

Creagh

Harrison

Merriwether

Perkins

Weissinger-18

Dennis

Haines

McLaughlin

Sims

Fitts

Lister

Oliver

Smith
 

Ordered, That the clerk acquaint the Senate therewith.

Bills from the Senate of the following titles, to wit;

An act to regulate escheats in this state, and to appoint escheators; and

"An act amendatory of an act, entitled an act to provide for the printing of the laws and journals, and for other purposes, passed Dec. 25, 1822;" were severally read a third time and passed.

Ordered, That the clerk acquaint the Senate therewith.

A message from the Governor, by Mr. Pleasants, secretary of state.

Mr. Speaker The Governor did on the 9th inst. approve, & sign, An act to alter the name of, and legitimate a certain person therein named:


78

An act refunding Benjamin Sherrod taxes improperly paid;

An act for the relief of James Slaughter, tax collector of Limestone county, in the year 1821;

An act concerning writs of certiorari;

An act to legalize the registering and recording certain deeds or conveyances of land in this state; and for other purposes; and

An act respecting bail in civil cases; all of which originated in the House of Representatives, and then he withdrew.

And then the House adjourned till to-morrow 10 o'clock.