Tuesday, December 2.

Mr. Sims presented the petition of the officers of the 6th brigade of Alabama militia, praying an alteration of the militia law; which was referred to the military committee.

Mr. Sargent presented the petition of sundry inhabitants of Franklin county, praying authority to turnpike a part of the military road; which was read and referred to the committee on roads, bridges, ferries &c.

Mr. Sims presented the petition of sundry inhabitants of the town of Greensborough, Greene county, praying an act of incorporation of said town; which was received and referred to a select committee, consisting of Messrs. Sims, Merriwether and Harrison.

Mr. Phillips from the committee on divorce and alimony, to whom were referred sundry records of proceedings in chancery for divor-


47

ces, reported a bill, to be entitled "An act divorcing certain persons therein named; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Fleming from the select committee, to whom was referred the petition of sundry persons, praying a repeal of the law of the last session of the General Assembly, in relation to 16th sections: Reported, That it is inexpedient to legislate on that subject at this time; in which report the House concurred.

Mr. Phillips, from the select committee to whom was referred a bill, to be entitled "An act concerning estrays," reported said bill, with the following amendment, at the end of the first section: "and provided also, that the said stray or strays do not die or escape"

Mr. Jackson moved to amend said amendment by striking out the words "or escape;" which was lost.

Mr. Moore, of Jackson, moved to amend said amendment, by adding at the end thereof the following: "without the connivance or neglect of the taker up:" which was adopted.

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

Mr. Hallett, from the select committee, to whom was referred the petition of the harbor master of Mobile, reported a bill to be entitled "An act to amend an act entitled an act for the government of the port and harbor of Mobile." passed the 23d day of December, 1823; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Jones, from the military committee, to whom was referred a resolution directing them to inquire into the expediency of amending the patrol law. Reported, That they deem inexpedient to make any alteration in that law; in which report the House concurred.

Mr. Jones from the same committee, to whom was referred a resolution directing them to inquire into the expediency of making it the duty of the adjutant general, to drill the militia of this state; or to dispense with that officer, and make all returns returnable to the secretary of state, whose duty it should be to consolidate the same, as is now required of the adjutant general, Reported, That they deem it inexpedient to alter the law upon that subject; in which report the house concurred.

Mr. Fleming obtained leave to introduce a bill, to be entitled "an act concerning the sixteenth sections of school lands in this state;" which was read the first time, and ordered to be read a second time to-morrow.

Mr. Miller from the select committee, to whom was referred the petition of sundry citizens of Madison county, praying the passage of a law to exempt from attachment one horse of the value of fifty dollars, in addition to the articles already exempted, Reported, That it is inexpedient to pass any law upon the subject; in which report the House concurred.

Mr. Miller, from the select committee, to whom was referred the petition of James T. Stewart, a free, coloured man; Reported, That the prayer of the petitioner is unreasonable, and ought not to be granted.

Ordered, That the House concur in said report.

Mr. Mardis, obtained leave to introduce a bill to be entitled "An


48

act to establish the permanent seat of justice, in the county of Shelby;" 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 concur in the amendment made by your honorable body, to the bill, entitled "An act restricting the recovery of claims against the counties respectively, in certain cases: They also concur in the amendment made by your honorable body to the resolution extending the time of payment of lots in the town of Cahawba: and have amended the same by adding after the figures "1825" the words, "by the payment of interest at the expiration of the time herein granted." In which amendment they desire your concurrence. And then he withdrew.

Ordered, That the House concur in said amendment.

Ordered, That the clerk acquaint the Senate therewith.

On motion of Mr. Martin, Resolved, That the committee on enrolled bills, heretofore appointed by this House, be a joint committee, to act with the committee appointed on the part of the Sentate on the subject.

On motion of Jr. Jackson, Resolved, That a committee be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to examine into the state of the treasury, and to report the condition of the same: with authority to send for persons and papers; and that the same committee be authorized to examine the books and accounts of the comptroller of public accounts, and to report the state and condition of the same; with like authority to send for persons and papers. Whereupon, Messrs. Jackson, Hallett and Lister, were appointed said committee on the part of this House.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Vining obtained leave to introduce a bill, to be entitled "an act concerning executions, and for other purposes;" which was read a first time, and ordered to be read a second time to-morrow.

On motion of Mr. Lanier, the House took into consideration a bill to be entitled "An act for the relief of the people of the state of Alabama," which being still on its second reading. Ordered, That said bill be referred to a select committee; whereupon, Messrs. Gayle, Lanier, Smith, Oliver, Crenshaw, Powell, Moore of J., Young and Moore of Mad. were appointed said committee.

Mr. Mead obtained leave to introduce a bill to be entitled "an act giving current jurisdiction to the county of Blount;" which was read a first time, and ordered to be read a second time to-morrow.

Bills and a memorial, of the following titles, to wit:

"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 respecting jurors;"

"Memorial to the Congress, praying a donation of land for the seat of justice for the counties of Bibb and Pike;"

"An act to change the time of holding the county courts of Bibb county;" and

"An act to authorize the administrators of Thomas McHenry,


49

dec'd to convey certain real estate therein named;" were severally read a second time, and ordered to be engrossed for a third reading to-morrow.

Engrossed bills of the following titles, to wit:

"An act to legalize registering and recording certain deeds or conveyances of lands in this state, and for other purposes;"

"An act supplementary to the laws respecting garnishment; "

"An act for the relief of Cynthia Johnston;"

"An act to provide for the emancipation of slaves;" were severally read a third time and passed.

Ordered, That the titles be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

An engrossed bill, entitled "An act to increase the compensation of jurors in the counties therein named," was read a third time.

Mr. Perkins moved to amend said bill by way of the following rider:

That all talesmen jurors in this state, who shall serve more than one day on the same issue, shall be entitled to prove his service, and receive the same per diem pay, that is now by law allowed to those of the original venire facias;" which amendment was adopted.

Mr. Perkins moved to amend the title of said bill, by adding thereto the words, "and for other purposes;" which was adopted. The bill was then passed.

Ordered, That the title be as amended.

Ordered, That the clerk acquaint the Senate therewith.

Bill from the Senate, entitled "An act to alter the times of holding the general elections in this state," was read a third time.

Mr. Barclay moved to lay said bill on the table; which was lost.

And the question being put, Shall this bill pass? it was decided in the negative-Yeas 27. Nays 29.

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

Mr. Speaker

Dale

Hallett

McConnico

Phillips

Ashley

Fitts

Jackson

Merriwether

Philpott

Beck

Fluker

Jones

McLemore

Pickett

Brown

Fleming

Lanier

Mardis

Weissinger

Creagh

Gayle

Lister

Oliver

Young-27

Crenshaw

Goodhue
     

Those who voted in the negative, are:

Mr. Barclay

Harrison

Moore of Mar.

Peyton

Skinner

Dennis

King

McLaughlin

Perkins

Smith

Fields

Moore of J.

Manly

Salter

Tindall

Harvey

McVay

Martin

Sims

Vining

Hill of T.

Moore of Mad.

Miller

Shotwell
       Whitaker-29

Hill of B.

Mead

Powell

Sargent

Mr. Pickett offered the following resolution:

Resolved, That a message be sent to the Senate, proposing that the two Houses assemble in the Representatives Hall to-morrow, at 6 o'clock, P. M. for the purpose of electing a judge of the circuit court, in the third judicial circuit; which was lost.

Reasons of Messrs. Fleming, Gayle, and Merriwether, for their vote on the bill, entitled "An act for altering the time of holding the general election in this state:"

"We voted for the bill, because we believed that it would have a good effect in putting down electioneering; and that the people would have ample time to receive the journals.

7


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We were also of opinion, that the unhealthiness of the southern part of the state required such a change.

WILLIAM FLEMING,

J. GAYLE, Jun.

Z. MERRIWETHER,

JAMES JACKSON."

And then the House adjourned till to-morrow, 9 o'clock.