Tuesday, December 16.

Mr. Hallett presented the petition of Nathaniel Littlefield and Gorham Davenport, attorneys in fact of the administratrix of Oliver Holman, deceased, of Boston, praying authority to sell the real estate of said intestate lying in the city of Mobile; which was received and referred to a select committee, consisting of Messrs. Hallet, Harvey, McLemore, Fields and Salter.

Mr. Moore of J. presented the petition of Thomas Berry, tax collector of Jackson county in 1822 and 1823, praying that arrearages of taxes due in said county for 1821, and collected by him, may be paid by him into the treasury in Huntsville money; which was received and referred to the committee of propositions and grievances.

Mr. Philpott presented the account of George Coalter; which was received and referred to the committee on accounts.

Mr. Ashley, from the select committee, to whom was referred the petition of Jacob dust, reported a bill, to be entitled an act to emancipate a certain slave therein named; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Mead, from the committee on road, bridges, ferries, &c. to whom was referred a resolution directing them to inquire whether that part of the present road law, which requires in all cases hands to be apportioned to the nearest road to which they reside, does not require alteration or amendment, reported a bill, to be entitled an act amendatory to the laws now in force respecting roads; which was read a first time, and ordered to be read a second time to-morrow.

Ordered, That the House concur in the amendments made by the Senate to the bill, entitled an act to regulate licensing physicians to practise, and for other purposes therein named.

Ordered, That the Senate be acquainted therewith.

Ordered, That the House insist on their amendments to the bill, entitled "An act to provide for taking the census."


102

Ordered, That a committee of conference be appointed to meet and confer with such committee as may be appointed on the part of the Senate, in relation to the disagreement between the two Houses: Whereupon, Messrs. Phillips, Philpott, Gayle and Oliver, were appointed said committee.

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

Mr. Speaker-- The Senate have passed bill, originating in their House, of the following titles, to wit;

An act restricting officers from taking commissioners on costs collected by them on executions; and

An act to establish the town of Carthage, in Tuskaloosa county in both of which they desire your concurrence.

Mr. Moore, of Jackson, obtained leave to introduce a bill, to be entitled an act to compel parties to a suit who plead the loss of any instrument in writing, under which they claim a benefit, to make oath of the truth of such pleading; which was read a fist time, and ordered to be read a second time to morrow.

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

An act to establish the town taking commissioners on costs collected by them on executions;

An act to establish the town of Carthage, in Tuskaloosa county;

An act allowing a certain salary to the judge of the county court of Mobile county;

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; were severally read a first time, and ordered to be read a second time.

The House resumed the consideration of a bill, entitled "An act to establish the Bank of the State of Alabama," being still in its second reading.

Mr. Haines offered the following amendment at the end of the third section:

"Provided, That nothing in this section shall be so constructed, as to deprive the legislature of this state of the power of appropriating, from time to time, both the principal and interest of the said three per cent, agreeably to the terms of the grant thereof made by Congress as afore said;" which amendment was lost-- Yeas 19, Nays 34.

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

Mr. Speaker

Haines

Moore of J.

Martin

Perkins

Fitts

Jackson

Moore of Mar.

Miller

Smith

Fleming

Jones

Mead

Mardis

Young-19

Goodhue

McVay

Manly

Philpott

Those who voted in the negative, are:

Mr. Ashley

 Dennis

Hill of B.

Phillips

Sargent

Beck

Fields

Harrison

Powell

Skinner

Brown

Fluker

Lister

Peyton

Tindall

Barclay

Gayle

McConnico

Pickett

Vining

Crenshaw

Hallett

Merriwether

Salter

Whitaker

Creagh

Harvey

McLemore

Sims

Weissinger-34

Dale

Hill of T.

McLaughlin

Shotwell

Mr. Creagh offered the following proviso, as an amendment to the 21st section:

"Provided, That the sum so appropriated to any county for which the inhabitants thereof may fail to apply with in the time aforesaid, shall be so


103

loaned as to be paid into the bank on the first day of January thereafter, and remain in the bank for fifteen days, subject to the application of the citizens of such county or counties as have not yet received their proportion of discounts in the bank; and this rule of reserving and apportioning discounts to each county, shall be observed by the president and directors of the bank in each and every year hereafter;" which amendments was adopted.

Mr. Creagh moved further to amend said bill, by inserting in the ninth section and second rule, after the word "stock," these words, "and not more than two thirds of its value;" which was adopted.

Mr. Jackson moved to amend the said bill by striking out the proviso from the 16th section; which was lost-- Yeas 18, Nays 37.

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

Mr. Speaker

Harvey

McVay

Manly

Tindall

Fitts

Haines

Moore of J.

Martin

Young-18

Fleming

Jackson

Mardis

Miller

Goodhue

Jones

Mead

Philpott
 

Those who voted in the negative, are:

Mr. Ashley

 Gayle

McConnico

Phillips

Shotwell

Beck

Hallett

Merriwether

Powell

Sargent

Brown

Hill of T.

McLemore

Peyton

Skinner

Barclay

Hill of B.

Moore of Mad.

Pickett

Smith

Crenshaw

Harrison

Moore of Mar.

Perkins

Vining

Dennis

King

McLaughlin

Salter

Whitaker

Fields

Lister

Oliver

Sims

Weissinger-37

Fluker

Lanier
 

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

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

Evening, 3 o'clock.

Mr. Phillips, from the select committee, to whom was referred a bill, to be entitled "An act to provide for the choosing electors of President and Vice President of the United States," reported a new bill of the same titled, as a substitute therefore; in which report the House concurred. Ordered, That said bill be engrossed, and be read a third time to-morrow.

An engrossed bill, entitled an act to divorce Mary H. Judge, from her husband, William Judge, was read a third time, and passed by the constitution majority-- Yeas 37, Nays 11.

Those who voted in the affirmative, are:

Mr. Speaker

Fleming

King

Miller

Shotwell

Ashley

Gayle

Lister

Oliver

Smith

Beck

Goodhue

Merriwether

Phillips

Vining

Brown

Hallett

Moore of J.

Philpott

Whitaker

Barclay

Harvey

Moore of Mar.

Peyton

Weissinger-37

Crenshaw

Hill of B.

Mardis

Pickett

Creagh

Haines

Mead

Perkins
 

Dale

Jackson

Martin

Sims
 

Those who voted in the negative, are:

Mr. Dennis

Harrison

Powell

Skinner

Fitts

McLemore

Salter

Tindall-11

Hill of T.

McVay

Sargent

Ordered, That the titled be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

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

Mr. Speaker-- The Senate have passed bills and a resolution, originating in you honorable body, of the following titles, to-wit:


104

An act to alter the boundary line of Jefferson county;

An act to authorize Sally B. Stevens, administratrix of H. W. Stevens, deceased, to sell real estate; and

A resolution allowing to the solicitor of the first judicial circuit one hundred and fifty dollars, in addition to his present salary, for extra services rendered; and have amended the latter, by adding thereto an additional section; in which amendment they desire your concurrence.

They have passed a bill, originating in their House, entitled an act to incorporate the Huntsville Library Company: in which they desire your concurrence.

They have appointed a committee of conference on their part, consisting of Messrs Casey, Moore and Murphy, to met and confer with the committee appointed on the part of you honorable body, on the disagreement between the two Houses, in relation to the bill, entitled "An act to provide for taking the census." And then he withdrew.

An engrossed bill, entitled an act to divorce certain persons therein named, was read a third time.

The question being put, shall this bill pass there not being a constitutional majority, it was decided in the negative.

Yeas 29,      Nays 22.

Those who voted in the affirmative, are:

Mr. Speaker

Gayle

Moore of Mad.

Miller

Perkins

Ashley

Goodhue

Moore of J

Oliver

Smith

Brown

Harvey

Moore of Mar.

Phillips

Vining

Barclay

Haines

Mardis

Philpott

Whitaker

Crenshaw

King

Mead

Peyton

Weissinger-29

Dale

Lister

Martin

Pickett

Those who voted in the negative, are:

Mr. Beck

Fluker

Jones

Powell

Skinner

Creagh

Hill of T.

Merriwether

Salter

Tindall-22

Dennis

Hill of B.

McLemore

Sims

Fields

Harrison

McVay

Shotwell
 

Fitts

Jackson

McLaughlin

Sargent
 

The House then took into consideration the amendment made by the Senate to the resolution, allowing the solicitor of the first judicial circuit one hundred and fifty dollars in addition to his present salary, for extra services performed.

Mr. Fluker moved to amend said amendment by striking there from the word "fifty;" which was carries.

Mr. Perkins moved an amendment making it the duty of said solicitor to prosecute criminal cases in the county court of Mobile county; which was adopted.

The amendment of the Senate was then adopted.

Mr. Oliver obtained leave to introduce a bill, to be entitled an act to amend the laws regulating judicial proceedings;

Mr. Oliver obtained leave to introduce a bill, entitled an act to incorporate the town of Greenville, in the county of Butler;

Mr. Mardis obtained leave to introduce a bill, to be entitled an act to lay out a certain road therein named;

Mr. Harvey obtained leave to introduce a bill, to be entitled an act for the further organization of the militia in the counties of Pike and Covington:

All of which were severally read a first time, and ordered to be read a second time.

Mr. Crenshaw, from the select committee, to whom was referred


105

the petition of George Phillips and Caleb Tate, administrators of B. M. Woods, reported a bill, to be entitled an act to emancipate a certain slave named Letitia; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Vining presented the account of Daniel Rather, jailer of Madison county; which was received, and referred to the committee on accounts.

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

An act to repeal in part and amend the act to establish a bank in the town of Mobile, passed on the 20th day of November, in the year 1813;

An act authorizing Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named;

An act amendatory to an act, entitled an act to provide for the printing of laws and journals, and for other purposes, passed Dec. 25, 1822;

An act to provide for the selecting a site for the seat of justice in Decatur county;

An act to compel defendants to bills of injunction to give bond and security before they shall have the benefit of executions on their judgments at law;

Resolution requiring the chairman of the committee on enrolled bills to preserve the engrossed copies of all acts and joint resolutions, and file them with the secretary of state.

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