Saturday, December 20.

Mr. Dale presented the petition of Pool, praying authority to sell real estate; which was read, and referred to the committee of propositions and grievances,

Mr. Phillips, from the joint committee of conference appointed on the part of this House, to confer with the committee appointed on the part of the Senate, on the subject matter of disagreement between the two Houses on a bill, to be entitled an act to provide for taking the census, Reported, that said committee had had a meeting, and agree to recommend to their respective Houses.

1st. That the House of Representatives recede for their amendment to the first section of said bill, by striking out the enumeration of slaves.

2d. That they insist on their amendment to the first section, in striking out the words "be on oath and," and to the latter part of the second section, relative to the oath to be administered to heads of families.

3d. That the Senate recede for their disagreement to the amendment made by the House of Representatives, by striking out the 4th section.

4th. That the Senate adhere to their disagreement to the amendment made by the House of Representatives, in relation to the oath to be administered to heads of families.

Ordered, That the House concur in said report.

Ordered, That the Senate be informed thereof.

A bill from the Senate, entitled an act to repeal in part an act concerning divorce, passed the 21st Dec. 1820, was read a third time. Mr. Jackson moved that the further consideration of said bill be indefinitely postponed; which was carried.

Yeas 28.    Nays 24.


126

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

Mr. Speaker

Fleming

Haines

Mardis

Sims

Ashley

Gayle

Jackson

Mead

Smith

Beck

Goodhue

Lister

Miller

Vining

Brown

Hallett

McConnico

Phillips

Young-28

Creagh

Hill of T.

Merriwether

Philpott

Dale

Hill of B.

Moore of J.

Perkins
 

Those who voted in the negative, are:

Mr. Barclay

Fluker

McVay

Martin

Sargent

Crenshaw

Harvey

Moore of Mad.

Peyton

Skinner

Dennis

Harrison

Moore of Mar.

Pickett

Tindall

Fields

Lanier

McLaughlin

Salter

Weissinger-24

Fitts

McLemore

Manly

Shotwell

An engrossed bill, entitled an act to amend an act, entitled act to provide for assessing & collecting the taxes of this state, passed Dec.17, 1821, was read a third time, and ordered to lie on the table.

Bills of the following titles, to wit:

An act for the relief of Benjamin Hatch;

An act to authorize the administrators of Walter Otey, deceased to sell certain real estate; were severally read a second time, and ordered to be engrossed for a third reading on Monday next.

Message from the Senate by Mr. Lyon, their secretary:

Mr. Speaker-- The Senate have passed bill, originating in their House, entitled:

An act appropriating fines and forfeitures accruing in Madison county, to the benefit of Greene Academy.

An act to amend an act, entitled an act to regulate the proceedings of the courts of law and equity in this state.

An act to alter the times of holding courts in the first, second, and sixth judicial circuits.

An act to authorize William E. Dupree to emancipate a certain slave named Billy; in all of which, they desire the concurrence of your honorable body. And then he withdrew.

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

An act to authorize William E. Dupree to emancipate a certain slave named Billy.

An act to alter the times of holding courts in the first, second, and sixth judicial circuits;

An act to amend an act, entitled an act to regulate the proceedings in the courts of law and equity, in this state; and An act appropriating fines and forfeitures accruing in Madison county, to the benefit of Greene Academy; were severally read a first time, and ordered to be read a second time.

Engrossed resolution, proposing certain alterations to the Constitution of the state of Alabama, were read a third time and passed.

Yeas 40.    Nays 15.

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

Mr. Ashley

Fluker

Lanier

Phillips

Sargent

Beck

Goodhue

McVay

Philpott

Skinner

Brown

Hallett

Moore of Mad.

Powell

Smith

Barclay

Harvey

Moore of Mar.

Peyton

Vining

Crenshaw

Hill of T.

Mardis

Pickett

Whitaker

Dale

Hill of B.

Mead

Perkins

Weissinger

Dennis

Harrison

Manly

Sims

Young

Fields

Fitts

Jackson

Martin

Shotwell-40


127

Those who voted in the negative, are:

Mr. Speaker

Fleming

Lister

McLemore

Miller

Adair

Haines

McConnico

Moore of J.

Salter

Creagh

King

Merriwether

McLaughlin

Tindall-15

Ordered, That the clerk inform the Senate thereof.

Resolutions proposing alterations to the 13th section and 5th article of the Constitution of the State of Alabama, was read a second time, and ordered to be engrossed for a third reading on Monday next.

A bill, to be entitled an act to allow Henry Hitchcock compensation for superintending the printing the Digest of the statues of this state, and making an index for the same, was read a second time.

Ordered, That the further consideration of said bill be postponed till Thursday next.

A bill from the Senate, entitled an act to allow Henry Hitchcock compensation for superintending the printing the Digest, and making an index for the same, was read a second time.

Mr. Gayle moved to amend the 2d section of said bill by striking out the words "one hundred and fifty;" which was carried.

Yeas 34.     Nays 23.

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

Mr. Speaker

Fitts

Jackson

Moore of Mad.

Powell

Adair

Gayle

King

Moore of J.

Perkins

Ashley

Goodhue

Lister

Moore of Mar.

Smith

Barclay

Hallett

Lanier

Mardis

Tindall

Creagh

Harvey

McConnico

Mead

Vining

Dale

Hill of T.

Merriwether

Manly

Whitaker-34

Fields

Haines

McLemore

Martin

Those who voted in the negative, are:

Mr. Beck

Fleming

McLaughlin

Pickett

Skinner

Brown

Hill of B.

Miller

Salter

Weissinger

Crenshaw

Harrison

Phillips

Sims

Young-23

Dennis

Jones

Philpot

Shotwell

Fluker

McVay

Peyton

Sargent
 

Ordered, That said bill lie on the table.

Mr. Pickett obtained leave to introduce a bill, to be entitled an act to regulate the commissions of assessors and tax collectors in this state; which was read a first time, and ordered to be read a second time on Monday next.

On motion of Mr. Perkins, Resolved unanimously, That a committee be appointed to wait on the Honorable William I. Adair, former speaker of this House, and request him to permit the address made by him on his resignation of the chair, to be spread upon the journals of this House, and that he furnish a copy thereof for that purpose: Whereupon, Messrs. Perkins, Gayle and Jackson, were appointed said committee.

Mr. Philpott obtained leave to introduce a bill, to be entitled an act to abolish imprisonment of debt; which was read a first time. Mr. Martin moved that the further consideration of said bill be postponed till the 10th day of January next; which was carried.

Yeas 36.     Nays 23.

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

Mr. Ashley

Fluker

Jackson

Phillps

Shotwell

Beck

Fleming

Jones

Peyton

Sargent

Crenshaw

Harvey

McLemore

Pickett

Skinner

Creagh

Hill of T.

Moore of Mar.

Salter

Tindall

Dennis

Hill of B.

Martin

Sims

Whitaker-28

Fitts

Harrison

Miller
 


128

Those who voted in the negative, are:

Mr. Speaker

Goodhue

McConnico

McLaughlin

Vining

Brown

Hallett

McVay

Manly

Weissenger

Barclay

Haines

Moore of J.

Philpott

Young-23

Fields

Lister

Mardis

Powell

Gayle

Lanier

Mead

Perkins
 

On motion of Mr. Goodhue, Resolved, That the select committee appointed to inquire into the claims of Henry Hitchcock in relation to the digest, be instructed to inquire into the claims of the representatives of Harry Toulmin, deceased, and report to this House on Monday next.

A bill from the Senate, entitled an act to authorize Rebecca Fletcher, to emancipate a certain slave therein named; was read a second time; and ordered to be read a third time on Monday next.

An bill, to be entitled an act to amend an at entitled, an act to incorporate the Indian Creek Navigation Company, passed at Cahawba, Dec. 21st, 1820; was read a second time, and ordered to be engrossed for a third reading on Monday next.

Mr. Philpott obtained leave to introduce a bill, to be entitled an act to prevent the imprisonment of females for debt; which was read a first time, and the rule being dispensed with, it was read a second time forthwith.

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

Evening, 3 o'clock.

Ordered, That a bill to be entitled an act to prevent the imprisonment of females for debt, be engrossed for a third reading on Monday next.

Bills of the following titles, to wit:

An act to repeal in part, an act entitled an act declaring certain roads therein named public roads;

An act to alter the name of and legitimate a certain person therein named;

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;

An act to authorize Young A. Gray, to convey certain real estate therein named; were severally read a second time, and ordered the first four to be engrossed for a third reading on Monday next, and the latter referred to a select committee, consisting of Messrs. Jones, Jackson and Powell.

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

Mr. Speaker, the Senate concur in the report of the joint committee on the disagreement between the two Houses on the amendments to the bill entitled, an act to provide for taking the census. They concur in all the amendments made by your honorable body to the bill, entitled an act to establish regular Justices' courts in this state, except the amendment by striking out the 8th, 9th, and 10th section; and by striking out the word "three" in the 5th line of the 12th section and inserting to lien thereof the word "twenty;" and also by striking out the word "twenty in the 8th section, and inserting in lieu thereof the word "fifty" and then he withdrew.

A message from the Senate by Mr. Lyon, their secretary; Mr. Speaker, the Senate have adopted the following resolution: "Resolved, with the concurrence of the House of Representatives that the Senate will convene in the Representative chamber, a the hour of  7 o'clock this day, for the purpose of locating the Bank of the state of Alabama," and then he withdrew. Ordered, that this House concur in said resolution.


129

Ordered, That the clerk inform the Senate thereof.

A communication from the Governor by Mr. Pleasants, secretary of state; notifying this House, that the Governor, did on this day approve and sign, an act to amend an act, entitled an act to establish a public road from Ditto's Landing to Marston Mead's 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 by him performed; both of which originated in your honorable body, and he then withdrew.

Mr. Jackson moved, that the bill entitled an act to establish regular justices' courts in this state, be laid on the table; which was lost.

Yeas 25.     Nays 32.

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

Mr. Adair

Hallett

Jones

Moore, of Mar.

Philpott

Fluker

Hill, of T.

McConnico

Mardis

Perkins

Fleming

Harrison

Merriewther

Manly

Sims

Gayle

Haines

McVay

Miller

Tindall

Goodhue

Jackson

Moore, of J.

Martin

Young-25

Those who voted in the negative, are:

Mr. Speaker

Dale

Lister

Powell

Smith

Ashley

Dennis

Lanier

Peyton

Vining

Beck

Fields

Moore of Mad.

Pickett

Whitaker

Brown

Fitts

McLemore

Salter

Weissinger-32

Barclay

Harvey

Mead

Shotwell

Crenshaw

Hill of B.

McLaughlin

Sargent
 

Creagh

King

Phillps

Skinner
 

Ordered, That this House insist on their amendments to said bill in striking out the 8th, 9th, and 10th sections thereof.

Ordered, That the Senate be acquainted therewith by the clerk.

The question being then put, shall this House recede from their amendment to the 12th section of said bill, in striking out the word "three," and inserting in lieu thereof the word "twenty;" and decided in the affirmative--Yeas 32, Nays 22.

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

Mr. Speaker

Fields

Lanier

Powell

Smith

Ashley

Fitts

McLemore

Peyton

Vining

Brown

Fluker

Moore, of Mad.

Pickett

Whitaker

Barclay

Harvey

Mead

Salter

Weissinger-32

Crenshaw

Hill, of Bibb

McLaughlin

Sims

Dale

King

Miller

Shotwell
 

Dennis

Lister

Phillips

Skinner
 

Those who voted in the negative, are:

Mr. Adair

Goodhue

Jackson

Mardis

Tindall

Beck

Hallett

McConnico

Manley

Young-22

Creagh

Hill, of T.

Merriwether

Martin

Fleming

Harrison

Moore, of J.

Perkins
 

Gayle

Haines

Moore, of Mar.

Sargent
 

The question was then taken on receding from the amendment made by this House, to the 5th section of said bill, by striking out the word "twenty," and inserting in lieu thereof, the word, "fifty;"and decided in the affirmative -Yeas 40, Nays 17.

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

Mr. Speaker

Fields

King

Mead

Pickett

Adair

Fitts

Lister

McLaughlin

Salter

Ashley

Gayle

Lanier

Martin

Sargent

Brown

Goodhue

McConnico

Miller

Skinner

Barclay

Hallett

McLemore

Phillips

Smith

Crenshaw

Harvey

McVay

Philpott

Vining

Dale

Hill of B.

Moore, of Mad.

Powell

Weissinger

Dennis

Jones

Mardis

Peyton

Young-40

17


130

Those who voted in the negative, are:

Mr. Beck

Hill, of T.

Merriwether

Manly

Shotwell

Creagh

Harrison

Moore, of J.

Perkins
 Tindall

Fluker

Haines

Moore, of Mar.

Sims
 Whitaker-17

Fleming

Jackson
 

Ordered, That the clerk in form the Senate thereof.

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; was read a second time.

Mr. Jackson moved to lay said bill on the table, which was carried--Yeas 26, Nays 27.

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

Mr. Speaker

Fitts

Haines

McLemore

Perkins

Brown

Fluker

Jackson

Mardis

Salter

Barclay

Goodhue

Jones

Mead

Weissinger

Crenshaw

Hallett

Lister

Manly

Young-28

Creagh

Harvey

McConnico

Miller

Dale

Harrison

Merriwether

Philpott
 

Those who voted in the negative, are:

Mr. Ashley

Hill, of T.

Moore of J.

Peyton

Tindall

Beck

Hill, of B.

Moore of Mar.

Sims

Vining

Dennis

King

McLaughlin

Shotwell

Whitaker-27

Fields

Lanier

Martin

Sargent

Fleming

McVay

Phillips

Skinner
 

Gayle

Moore of Mad.

Powell

Smith
 

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

Mr. Speaker-- The Senate have passed bills, originating in their House, entitled an act to authorize the administrators of Isaac Edwards, deceased, to comply with the contracts made by their intestate, respecting his real estate;

An act to incorporate the Limestone and Flint River Navigation Companies, and

An act establishing a certain county therein named; in which they desire your concurrence.

They have also passed bills, originating in your honorable body, entitled an act explanatory of the several acts now in force in this state, to suppress duelling, and have amended the same; in which amendment they desire your concurrence. And then he withdrew.

A bill, to be entitled an act providing for the collection of moneys to due counties and county taxes, was read a second time, and ordered to be engrossed for a third reading on Monday next.

A bill, to be entitled an act for improving the navigation of certain rivers therein named; was read a second time.

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

A bill, to be entitled, an act to amend the charter of the Planters' and Merchants' Bank of Huntsville, and to provide for the speedy resumption of specie payments thereby, was read the 2d time.

Mr. Manly moved that the further consideration of said bill be indefinitely postponed; which was lost- Yeas 10, Nays 46.

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

Mr. Fitts

Moore, of J.

Manly

Philpott

Shotwell

Harrison

Mardis

Miller

Sims

Tindall-10

Those who voted in the negative, are:

Mr. Speaker

Barclay

Fields

Hallett

Jones

Adair

Crenshaw

Fluker

Harvey

King

Ashley

Creagh

Fleming

Hill, of T.

Lister

Beck

Dale

Gayle

Haines

Lanier

Brown

Dennis

Goodhue

Jackson

McConnico

 


131

Merriwether

Moore of Mar.

Phillips

Perkins

Smith

Vining

McLemore

Mead

Powell

Salter

Whitaker

McVay

McLaughlin

Peyton

Sargent

Weissinger
 

Moore, of Mad.

Martin

Pickett

Skinner

Young-46
 

The bill was then referred to a select committee, consisting of Messrs. Jackson, Manly, Miller and Fleming.

And then the House adjourned till 7 o'clock this evening.

7 o'clock, P.M.

On motion of Mr. Martin, Resolved, That the Senate be informed that this House is now ready to receive them in the west end of the Representative Hall, to proceed to the location to the Senate.

Ordered, That the clerk convey said resolution to the Senate.

The Senate having repaired to the Hall of the House of Representatives, the two Houses proceeded to the location of the Bank of the State of Alabama, by voting as the constitution requires.

The Seat of Government, Florence, Tuskaloosa, and Mobile being in nomination, the votes were:

"For the Seat of Government"      42

Florence      -     19

Tuskaloosa    -  9

Mobile    -      6

The Speaker thereupon declared that the Seat of Government was duly elected the place for the location of the Bank of the State of Alabama.

Those who voted for The Seat of Government, are:

Mr. Bibb

(Reps)

Dennis

McConnico

Salter

Casey

Mr. Speaker

Fields

Merriwether

Sims

Coats

Adair

Fitts

McLemore

Shotwell

Conner

Ashley

Fluker

Moore, of Mar.

Sargent

Devereux

Beck

Gayle

McLaughlin

Skinner

Metcalf

Barclay

Harvey

Miller

Vining

Murphy

Crenshaw

Hill, of Bibb

Phillips

Weissinger-42

Smith

Creagh

Haines

Peyton

Sullivan

Dale

Lister

Pickett
 

Those who voted for Florence, are:

Mr. President

Mr. Fleming

King

Manly

Smith

Hopkins

Goodhue

McVay

Martin

Whitaker

McCamy

Jackson

Moore, of Mad.

Philpott

Young-19

McVay

Jones

Mead

Powell

Those who voted for Tuskaloosa, are:

Mr. Crabb

Wood

Hill of T.

Lanier

Tindall-9

Powell

Brown

Harrison

Perkins

Those who voted for Mobile are:

Mr. Armstrong

Shackleford

Moore, of J.

Moore

Hallett

Mardis-6

And then the House adjourned till Monday morning, 10 o'clock.