Monday, December 15.

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

Mr. Speaker-- The Senate have passed bills, originating in their body, entitled "An act allowing a certain salary to the judge of the county court of Mobile county;"

An act for the relief of Thomas C. Jones; and

A resolution providing more effectually for the trial of the writ of quo warranto now depending in the fifth judicial circuit, against the Planters' and Merchants' Bank of Huntsville; in which they desire your concurrence.

They have also passed a resolution proposing General Andrew Jackson as a suitable candidate for President of the United States, which originated in your honorable body; and

A memorial to Congress praying a donation of land for the seat of justice for the counties of Pike and Bibb; which they have amended, and in which they desire your concurrence. And then he withdrew.

Ordered, That the House concur in the amendments made by the Senate to the said memorial.

Mr. Oliver presented the petition of Thomas Lloyd, praying the passage of a law to emancipate a negro slave named Nancy, and her two children; which was received and referred to the committee on propositions and grievances.

Mr. Oliver, from the judiciary committee, to whom was referred the petition of young A. Gray, reported a hill, to be entitled "an act to authorize Young A. Gray to convey certain real estate there in named;" which was read a first time, and ordered to be read a second time to-morrow.

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

Mr. Speaker- The Senate disagree to all the amendments made by your honorable body to the bill, entitled "An act to provide for taking the census;" except the amendment made in the 6th section. And then he withdrew.

Ordered, That this House insist on their amendment to the said bill.


97

Mr. Jones, from the military committee, reported a bill, to be entitled "An act to revise and amend an act, entitled an act to revise, consolidate and amend the several acts relative to the militia of this state;" which was read a first time, and ordered to be read a 2d time to-morrow.

Mr. Phillips, from the committee on schools, colleges and universities, and schools and university lands, to whom was referred the bill to be entitled "an act concerning the 16th sections of school lands in this state. Reported, that the committee had amended the said bill by striking out all after the enacting clause. And the question being taken on concurring in said amendment, it was decided in the affirmative- Yeas 32, Nays 14.

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

Mr. Speaker

Fields

Jackson

McLaughlin

Sargent

Ashley

Fitts

Jones

Oliver

Skinner

Beck

Fluker

Lister

Phillips

Smith

Brown

Gayle

McConnico

Philpott

Tindall

Barclay

Goodhue

Merriwether

Peyton

Whitaker

Creagh

Harvey

Moore, of J.

Pickett

Weissinger-38

Dale

Hill, of T.

Moore, of Mar.

Perkins

Dennis

Hill, of Bibb,

Mead

Sims
 

Those who voted in the negative, are:

Mr. Fleming

Lanier

Moore, of Mad.

Powell

Vining

Hallett

McLemore

Mardis

Salter

Young-14

Harrison

McVay

Manley

Shotwell

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

An act to establish the seat of justice in the county of Pike, and for other purposes;

An act to provide for contesting the elections of justices and constables:

An act for the relief of Cynthia Johnson;

An act to change the time of holding the county courts in Bibb and Pickens counties;

An act to amend an act, entitled an act for the government of the port and harbor of Mobile, passed 23d Dec. 1822.

An act to appoint commissioners for the counties of Perry and Marengo, to sell and convey town lots at the towns of Marion and Linden, the seats of justice thereof, and to erect public buildings in the same;

An act to alter and amend the existing laws concerning strays; and,

An act supplementary to the laws respecting garnishment.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution in relation to seamen employed in the service of merchant's vessels, reported a bill, to be entitled "An act in relation to seamen belonging to vessels in merchants' service;" which was read a first time, and ordered to be read a second time.

Mr. Mead obtained leave to introduce a bill, to be entitled "an act to prevent abuses in granting letters of administration;" which was read a first time, and ordered to be read a second time.

Mr. Mead obtained leave to introduce a bill, to be entitled "an act to prevent abuses in granting letters of administration;" which was read a first time, and ordered to be read a second time to-morrow.

On motion of Mr. Barclay, Resolved, That the judiciary commit-

13


98

tee be instructed to inquire into the propriety of passing a law authorizing all free white men living on Indian land within the jurisdiction of any county in this state, to a vote in all general elections the same as other citizens of the state; and also the propriety of requiring them to pay taxes the same as other citizens of the sate; and likewise where judgment and execution against any such person before any court of record of justice of the peace of the county in which such person may live, that it shall be lawful for any lawful officers having such execution to levy on the property of such person wherever he may find, it, within the jurisdiction of the county as aforesaid.

Mr. Fields obtained leave to introduce a bill, to be entitled "an act for the more easy and speedy administration of justice in certain cases;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Moore, of Jackson, for the select committee, to whom was referred a bill, to be entitled "An act to provide for the choosing of electors of President and Vice-President of the United States, reported said bill with sundry amendments.

Ordered, That said bill and amendments be recommitted to the same committee.

Ordered, That Mr. Gayle be added to said committee.

Mr. Manly obtained leave to introduce a bill, to be entitled "an act to incorporate the town of Florence in the county of Lauderdale;" which was read a first time, and ordered to be read a second time to-morrow.

A bill from the Senate, entitled "An act for the relief of Thomas C. Jones;" was read a first time, and ordered to be read a second time on to-morrow.

A bill from the Senate, entitled "An act to establish the bank of the state of Alabama;" was read a second time.

On motion of Mr. Gayle, Ordered, That the further consideration of said bill be referred to a committee of the whole House.

Mr. Gayle moved that the House do now resolve itself into a committee of the whole House on said bill, which was decided in the affirmative- Yeas 32, Nays 23.

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

Mr. Ashley

Gayle

Merriwether

Phillips

Skinner

Beck

Harvey

McLemore

Powell

Vining

Brown

Haines

Moore of Mad.

Peyton

Whitaker

Creagh

King

Moore of Mar.

Salter

Weissinger-32

Dennis

Lister

McLaughlin

Sims

Fields

Lanier

Miller

Shotwell
 

Fluker

McConnico

Oliver

Sargent
 

Those who voted in the negative, are:

Mr. Speaker

Goodhue

Jackson

Mead

Smith

Barclay

Hallett

Jones

Manly

Tindall

Dale

Hill of T.

McVay

Philpott

Young-23

Fitts

Hill of B.

Moore of J.

Pickett

Fleming

Harrison

Mardis

Perkins
 

The House accordingly went into committee of the whole House on said bill; and after some time passed in the consideration thereof, the committee rose; and Mr. Pickett, Reported, That the committee had had said bill under consideration; had made some progress therein; and asked leave to sit again which was accordingly granted.


99

And the House then adjourned till 4 o'clock this evening.

Evening, 4 o'clock.

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

Mr. Speaker:-- The Senate have passed the bill originating in your honorable body, entitled "an act regulating the licensing physicians to practice and for other purposes therein named; "which they have amended, and in which amendments, they desire your concurrence.

They insist upon their disagreement to the amendments made by your honorable body, to the bill, entitled "An act to provide for taking the census."

The House again resolved itself into a committee of the whole House, on the bill, from the Senate, entitled "An act to establish the bank of the state of Alabama;" and after some time spent in the consideration thereof, the committee rose, and

Mr. Pickett reported the said bill without amendment; said bill being on its second reading.

Mr. Jackson moved to amend the 21st section of said bill by striking out the words "reasonable time;" where they occur in this manner "and should the sum to which any county may be thus entitled be not applied for within a reasonable time;" which was carried.

Mr. Jackson moved to fill the blank occasioned thereby, with the words "sixty days," which was carried- Yeas 48,- Nays 9.

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

Mr. Speaker

Fleming

Lanier

McLaughlin

Sims

Ashley

Goodhue

McConnico

Manley

Shotwell

Beck

Hallett

Merriwether

Martin

Sargent

Brown

Hill, of T.

McLemore

Miller

Skinner

Barclay

Harrison

McVay

Oliver

Smith

Crenshaw

Haines

Moore, of Mad.

Phillips

Tindall

Creagh

Jackson

Moore, of J.

Philpot

Whitaker

Dale

Jones

Moore, of Mar.

Pickett

Young-48

Dennis

King

Mardis

Perkins

Fitts

Lister

Mead

Salter

Those who voted in the negative, are:

Mr. Fields

Gayle

Hill, of Bibb

Peyton

Weissinger-9

Fluker

Harvey

Powell

Vining

Mr. Jackson moved to amend the said 21st section by adding the following proviso thereto:

"Provided, That the sum so appropriated to any county for which the inhabitants thereof may fail to apply within the time aforesaid, shall not be loaned to the inhabitants of any other county, for a longer time than ten months from the expiration of the said sixty days; and shall at the expiration of the said ten months from the date aforesaid, be paid to the bank; and when so paid to the bank, shall be reserved for the space of sixty days, to be loaned to the inhabitants of the county, that had failed as aforesaid to apply for the loan of the same; and this rule of reserving the sums apportioned among the several counties from discount for sixty days, except to the inhabitants of the county, entitled to preference in the discount of the same, and of loaning the same when not applied for by those so entitled, within said time to such preference, for a period not longer than ten months, shall be observed by the president and directors of the bank in each and every year; which amendment was lost.- Yeas 24- 33.


100

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

Mr. Speaker

Hill of T.

Jones

Mead

Philpott

Fitts

Hill of B.

McVay

Manly

Perkins

Fleming

Harrison

Moore of J.

Martin

Tindall

Goodhue

Haines

Moore of Mar.

Miler

Young-24

Hallett

Jackson

Mardis

Oliver

Those who voted in the negative, are:

Mr. Ashley

Dennis

Lanier

Powell

Sargent

Beck

Fields

McConnico

Peyton

Skinner

Brown

Fluker

Merriwether

Pickett

Smith

Barclay

Gayle

McLemore

Salter

Vining

Crenshaw

Harvey

Moore of Mad.

Sims

Whitaker

Creagh

Lister

McLaughlin

Shotwell

Weissinger-33

Dale

King

Phillips
 

Mr. Perkins moved to amend the said 21st section by inserting therein between the words "General Assembly" and "and should," the following:

"And the president or cashier of the bank shall give notice in some public paper printed in the town in which the bank may be located, stating the amount that each county may be entitled to borrow, within ten days after the right to borrow, in manner aforesaid may arise."

Which amendment was adopted- Yeas 31, Nays 26.

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

Mr. Speaker

Hallett

McLemore

Martin

Tindall

Ashley

Hill of T.

McVay

Oliver

Whitaker

Brown

Harrison

Moore of J.

Phillips

Young-31

Dale

Haines

Moore of Mar.

Philpot

Dennis

Jackson

Mardis

Pickett
 

Fleming

Jones

Mead

Perkins
 

Goodhue

Lister

Manly

Smith
 

Those who voted in the negative, are:

Mr. Beck

Fluker

Lanier

Miller

Shotwell

Barclay

Gayle

McConnico

Powell

Sargent

Crenshaw

Harvey

Merriwether

Peyton

Skinner

Creagh

Hill, of B.

Moore of Mad.

Salter

Vining

Fields

King

McLaughlin

Sims

Weissinger-26

Fitts
       

Mr. Pickett moved to amend the 9th section and 2d article there of, by striking out the word "six," for the purpose of inserting the word "eight;" which was lost.

Mr. Mardis moved the adoption of the following section:

"Sec.___, And be it further enacted, That it shall not be lawful for the president, directors, cashier, or other offices of said bank, to become endorsers at said bank for each other, or any other person or persons;" which was carried.

Mr. Young moved, at half past 6 o'clock, that this house adjourn till to-morrow morning, 10 o'clock; which was lost-- Yeas 17, Nays 40.

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

Mr. Speaker

Jones

Moore of Mad.

Manly

Young-17

Barclay

King

Moore of J.

Philpott

Goodhue

Lanier

Mardis

Perkins
 

Harvey

McVay

Mead

Vining
 

Those who voted in the negative, are:

Mr. Ashley

Fitts

Harrison

Martin

Sims

Beck

Fluker

Jackson

Miller

Shotwell

Brown

Fleming

Lister

Oliver

Sargent

Crenshaw

Gayle

McConnico

Phillips

Skinner

Creagh

Hallett

Merriwether

Powell

Smith

Dale

Hill of T.

McLemore

Peyton

Tindall

Dennis

Hill of B.

Moore of Mar.

Pickett

Whitaker

Fields

Haines

McLaughlin

Salter

Weissinger-40


101

Mr. Young moved the adoption of the following section:

"And be it further enacted, That nothing in the foregoing act shall be so construed as to authorize the legislature of the state of Alabama to invest any funds which may be set apart for the purposes of inland navigation, or for the promotion of education, in the bank stock of the state of Alabama;" which was lost.

Yeas 3,       Nays 54.

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

Mr. Mead

Martin

Young-3

Those who voted in the negative, are:

Mr. Speaker

Fluker

Jones

Mardis

Salter

Ashley

Fleming

King

McLaughlin

Sims

Beck

Gayle

Lister

Manly

Shotwell

Brown

Goodhue

Lanier

Miller

Sargent

Barclay

Hallett

McConnico

Oliver

Skinner

Crenshaw

Harvey

Merriwether

Phillips

Smith

Creagh

Hill of T.

McLemore

Philpot

Tindall

Dale

Hill of B.

McVay

Powell

Vining

Dennis

Haines

Moore of Mad.

Peyton

Whitaker

Fields

Harrison

Moore of J.

Pickett

Weissinger-54

Fitts

Jackson

Moore of Mar.

Perkins

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