Monday, December 22.

Mr. Phillips presented the petition of sundry inhabitants of Dallas county, praying that the road leading from Cahawba to Montgomery, may be changed from the present to the old route; also the petition of sundry inhabitants of Dallas, praying, that the road directed to be laid out between Cahawba and Line creek, may be continued and opened; which said petitions were received, read, and referred to the committee on roads, bridges and ferries.

Mr. Shotwell presented the petition of Adam Sheffield, praying that justices may not be allowed fees for the discharge of their duties; which was received, read, and referred to the judiciary committee.

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


132

consideration of a bill, entitled an act regulating the construction of contracts; reported said bill, without amendment.

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

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 regulate the licensing physicians to practice, and for other purposes.

Mr. Moore of Mad. from the select committee, to whom was referred the petition of William Blake; reported a bill, to be entitled an act to authorize William Blake to emancipate a negro man slave, named Jacob; which was read a first time, and ordered to be read a second time to-morrow.

Ordered, That the judiciary committee be discharged from the further consideration of a bill, entitled an act to repeal so much of an act, passed, on the 15th day of December, 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States.

On motion of Mr. Fleming, resolved, that the standing committees be instructed to report on all subjects which have been referred to them, at as early a day as possible.

Mr. Martin moved, that this House do now reconsider the vote given on Saturday last, on insisting on the amendment made by this House to the bill, entitled an act to establish regular justices' courts in this state, in striking out the 6th section thereof, which was carried.

Yeas 31    Nays 22.

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

Mr. Speaker

Fitts

Mead

Philpott

Vining

Ashley

Harvey

McLaughlin

Pickett

Whitaker

Brown

Hill of B.

Martin

Salter

Weissinger-31

Barclay

Lister

Miller

Shotwell

Crenshaw

McLemore

Phillips

Sargent
 

Dennis

Moore of Mad.

Powell

Skinner
 

Fields

Moore of Mar.

Peyton

Smith
 

Those who voted in the negative are:

Mr. Adair

Goodhue

Jackson

Moore of J.

Tindall

Creagh

Hallett

Jones

Mardis

Young-22

Fluker

Hill of T.

McConnico

Manly

Fleming

Harrison

Merriwether

Perkins
 

Gayle

Haines

McVay

Sims
 

Ordered, That this House recede from said amendment.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Martin moved, that this House do now reconsider the vote given of Saturday last on insisting on the amendment made by this House to the said bill by striking out the 10th section thereof; which was carried.

Ordered, That this House recede from said amendment.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Martin moved, that this House do now reconsider the vote given on Saturday last, on insisting on the amendment made by this House to the said bill, by striking out the 10th section thereof; which was carried.

Ordered, That this House recede from said amendment.

Ordered, That the clerk acquaint the Senate therewith.


133

A bill from the Senate, entitled an act to repeal so much of an act passed on the 15th day o December 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States; was then taken into consideration; said bill being on its second reading-- Mr. Gayle moved to amend the said bill, by the following additional section:

Section 2. And be it further enacted, That the said Samuel Dale shall receive the sum of fifteen hundred dollars, in lieu of the compensation now allowed by law, for the services he has rendered to the sate; and the losses which he has sustained in its defence; and the comptroller is hereby required to issue his warrant upon the treasury, for the said sum of fifteen hundred dollars.

Mr. Jackson moved to amend said amendment by striking there from the words "fifteen hundred," which was carried.

Mr. Jackson then moved to fill the blank created thereby with the words "thirteen hundred and fifty," which was lost.

Yeas 21      Nays 33.

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

Mr. Speaker

Creagh

Hardwick

McLemore

Pickett-21

Adair

Dennis

Jackson

Moore, of J.

Ashley

Gayle

Jones

Mardis
 

Beck

Hallett

Lister

Martin
 

Crenshaw

Haines

McConnico

Phillips
 

Those who voted in the negative, are:

Mr. Brown

Hill of T.

Moore, of Mar.

Perkins

Tindall

Barclay

Hill, of Bibb,

McLaughlin

Salter

Vining

Fields

Harrison

Manley

Sims

Whitaker

Fitts

King

Miller

Shotwell

Weissinger

Fluker

Merriwether

Philpott

Sargent

Young-33

Goodhue

McVay

Powell

Skinner

Harvey

Moore, of Mad.

Peyton

Smith
 

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

Mr. Speaker-- The Senate have passed a bill, entitled an act authorizing a lottery to aid in the improvement of the navigation of Indian Creek; and,

A resolution concerning the district court of the United States, both of which originated in their body; and in which they desire the concurrence of your honorable body.

They have appointed a committee on their part, consisting of Messrs. Powell, Crabb and McVay, to meet and confer with such committee, as may be appointed on the part of your honorable body, on the subject of the disagreement existing between the two Houses in relation to the amendments made by your honorable body to the bill, entitled an act to provide for taking the census.

They have adopted the following resolution, in which they desire your concurrence: Resolved, That the Senate, with the concurrence of the House of Representatives, will convene in the hall of the house of Representatives, on to morrow evening at the hour of  7 o'clock, for the purpose of electing a president and directors of the State Bank, and five commissioners to act with the Governor in effecting a loan for the State Bank, and physicians to compose the different Medical Boards in this state. And then he withdrew.

Ordered, That Messrs McConnico and Hardwick have leave of absence after to-morrow, for the remainder of the session.

A communication was received from the Governor, by Mr. Plea-


134

sants, secretary of state, notifying this House that the Governor did, on this day, approve and sign.

An act to regulate the licensing of physicians to practice, and for other purposes; and,

An act to establish certain election precincts therein named, and for other purposes; which originated in this House.

The House again proceeded to the consideration of a bill, entitled an act to repeal so much of an act, passed 15th December, 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States.

The blank in Mr. Gayle's amendment being under consideration,

Mr. Pickett moved to fill the blank with the words "twelve hundred;" which was lost--Yeas 22, Nays 32.

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

Mr. Speaker

Crenshaw

Haines

McConnico

Phillips

Adair

Creagh

Hardwick

McLemore

Pickett-22

Ashley

Dennis

Jackson

Moore, of J.

Beck

Gayle

Jones

Mardis
 

Barclay

Hallett

Lister

Martin
 

Those who voted in the negative, are:

Mr. Brown

Hill, of B.

McLaughlin

Salter

Vining

Fields

Harrison

Manley

Sims

Whitaker

Fitts

King

Miller

Shotwell

Weissinger

Fluker

Merriwether

Philpott

Sargent

Young-32

Goodhue

McVay

Powell

Skinner

Harvey

Moore, of Mad.

Peyton

Smith
 

Hill, of T.

Moore, of Mar.

Perkins

Tindall
 

And then the house adjourned till half past two o'clock.

Evening Session.

Mr. Goodhue presented sundry accounts;

Mr. Sims presented sundry accounts:

Mr. Harrison presented the account of Henry Specks;

Mr. Moore, of Jackson, presented sundry accounts; which accounts were received and referred to the committee on accounts.

Ordered, That Mr. Adair be added to the judiciary committee, also to the select committee to whom was referred a bill, to be entitled an act to amend the charger of the Planters' and Merchants' Bank of Huntsville, and to provide for the speedy resumption of specie payment thereby.

The House again proceeded to the consideration of the bill, entitled an act to repeal so much of an act, passed 15 December, 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States. Mr. Gayle's amendment being still under consideration.

Mr. Young moved to fill the blank in said amendment with the words "one thousand." which was lost--Yeas 21 Nays 32.

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

Mr. Speaker

Creagh

Jackson

McLemore

Young-21

Adair

Dennis

Jones

Mardis

Ashley

Hallett

Lister

Martin
 

Beck

Hill of T.

Lanier

Phillips
 

Crenshaw

Haines

McConnico

Pickett
 

Those who voted in the negative, are:

Mr. Brown

Hill of B.

Mead

Perkins

Tindall

Barclay

Harrison

McLaughlin

Salter

Vining

Fields

King

Manly

Sims

Whitaker

Fitts

Merriwether

Miller

Shotwell

Weissinger-32

Fluker

McVay

Philpott

Sargent

Goodhue

Moore of Mad.

Powell

Skinner
 

Harvey

Moore of Mar.

Peyton

Smith
 


135

Mr. McLaughlin moved to fill said bland with the words "eight hundred," which was lost--Yeas 23 nays 30.

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

Mr. Speaker

Creagh

Jackson

McLemore

Pickett

Adair

Dennis

Jones

Moore of Mad.

Smith

Ashley

Hallet

Lister

Mardis

Young-23

Beck

Hill of T.

Lanier

Martin

Crenshaw

Haines

McConnico

Phillips
 

Those who voted in the negative, are:

Mr. Brown

Harvey

Moore. of Mar.

Powell

Sargent

Barclay

Hill of B.

Mead

Peyton

Skinner

Fields

Harrison

McLaughlin

Perkins

Tindall

Fitts

King

Manly

Salter

Vining

Fluker

Merriwether

Miller

Sims

Whitaker

Goodhue

McVay

Philpott

Shotwell

Weissinger-30

Mr. Lanier moved to fill said blank with the words "six hundred;" which was lost--Yeas 26, Nays 28.

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

Mr. Speaker

Dennis

Jackson

Moore of J.

Smith

Adair

Gayle

Jones

Mardis

Young-26

Ashley

Hallett

Lister

Martin

Beck

Harvey

Lanier

Phillips
 

Crenshaw

Hill of T.

McConnico

Pickett
 

Creagh

Haines

McLemore

Salter
 

Those who voted in the negative are:

Mr. Brown

Hill of B.

Moore of Mar.

Peyton

Skinner

Barclay

Harrison

Mead

Perkins

Tindall

Fields

King

McLaughlin

Sims

Vining

Fitts

Merriwether

Manly

Shotwell

Whitaker

Fluker

McVay

Miller

Sargent

Weissinger-28

Goodhue

Moore of Mad.

Powell
 

Mr. Pickett moved to fill said blank with the words "five hundred;" which was lost--Yeas 26 Nays 27.

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

Mr. Speaker

Creagh

Haines

McLemore

Salter

Adair

Dennis

Jackson

Moore of J.

Young-26

Ashley

Gayle

Jones

Mardis

Beck

Hallett

Lister

Martin
 

Barclay

Harvey

Lanier

Phillips
 

Crenshaw

Hill of T.

McConnico

Pickett
 

Those who voted in the negative are:

Mr. Brown

King

McLaughlin

Sins

Vining

Fields

Merriwether

Manly

Shotwell

Whitaker

Fitts

McVay

Miller

Sargent

Weissinger-27

Fluker

Moore of Mad.

Powell

Skinner

Hill of B.

Moore of Mar.

Peyton

Smith
 

Harrison

Mead

Perkins

Tindall
 

Mr. Jackson moved that the further consideration of said bill be indefinitely postpones; which was lost--Yeas 22 Nays 32.

Mr. Speaker

Creagh

Jackson

McConnico

Martin

Adair

Dennis

Jones

McLemore

Phillips

Ashley

Gayle

Lister

Mardis

 Pickett

Beck

Hallett

Lanier

Mead

Young-22

Crenshaw

Haines
 

Those who voted in the negative, are:

Mr. Brown

Hill of T.

Moore of Mar.

Peyton

Skinner

Barclay

Hill of B.

McLaughlin

Perkins

Smith

Fields

Harrison

Merriwether

Salter

Tindall

Fitts

King

Manly

Sims

Vining

Fluker

McVay

Miller

Shotwell

Whitaker

Goodhue

Moore of Mad.

Powell

Sargent
 Weissinger-32

Harvey

Moore of J.
 


136

Mr. Pickett moved to fill said blank with the words "three hundred." payable in three equal annual instalments; which was carried--Yeas 30 Nays 25.

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

Mr. Speaker

Creagh

Haines

McLemore

Philpott

Adair

Dennis

Jackson

Moore of J.

Pickett

Ashley

Gayle

Jones

Mardis

Salter

Beck

Hallett

Lister

Mead

Smith

Barclay

Harvey

Lanier

Martin

Whitaker

Crenshaw

Hill of T.

McConnico

Phillips

Young-30

Those who voted in the negative are:

Mr. Brown

Hill of B.

Moore of Mad.

Powell

Sargent

Fields

Harrison

Moore of Mar.

Peyton

Skinner

Fitts

King

McLaughlin

Perkins

Tindall

Fluker

Merriwether

Manly

Sims

Vining

Goodhue

McVay

Miller

Shotwell

Weissinger-25

The question was then taken on the adoption of Mr. Gayle's amendment as amended, and decided in the affirmative.

Yeas 30.       Nays 25.

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

Mr. Speaker

Creagh

Haines

McLemore

Philpott

Adair

Dennis

Jackson

Moore of J.

Pickett

Ashley

Gayle

Jones

Mardis

Salter

Beck

Hallett

Lister

Mead

Smith

Barclay

Harvey

Lanier

Martin

Whitaker

Crenshaw

Hill of T.

McConnico

Phillips

Young-30

Those who voted in the negative are:

Mr. Brown

 Hill of B.

Moore of Mad.

 Powell

 Sargent

Fields

Harrison

Moore of Mar.

Peyton

Skinner

Fitts

King

McLaughlin

Perkins

Tindall

Fluker

Merriwether

Manly

Sims

Vining

Goodhue

McVay

Miller

Shotwell

Weissinger-25

Mr. Gayle offered a further amendment to said bill, in the following words: "Sec. 3. And be it further enacted, That this act shall take effect from and after the first day of February next.

Mr. Adair moved to amend said amendment by striking therefrom the word "February," and inserting in lieu thereof the word "January;" which amendment was adopted.

The question was then taken on Mr. Gayle's amendment as amended, and carried.

A communication was received from the Governor, by Mr. Pleasants, secretary of state; which he delivered in at the Speaker's table, and then withdrew.

The said communication was read, and is as follows:

EXECUTIVE DEPARTMENT, December 22, 1823.

Gentlemen of the House of Representatives,

I herewith return to the house of Representatives, in which is originated, the joint resolutions, entitled "Resolutions proposing Gen. Andrew Jackson as a suitable candidate for President of the United States" which had, on the 17th inst. been presented for Executive approbation.

I regret that, according to my own ideas of the legislative duties of the General Assembly of this state, I cannot unite in this official and authoritative mode, not merely of rendering a just tribute of respect to our eminent fellow citizen who is the subject of the resolutions; but of proposing any individual as a candidate for the office of national Chief Magistrate by an ordinary and formal act of legislation- sanctioned by the Executive approbation, and entitled to a place among our statute laws.

As an expression of the lively sentiments of gratitude to so distinguished a benefactor, and of the high estimation of his exalted merits so justly


137

entertained by ourselves and our constituents, no language would have been to strong for my official and cordial assent. Indeed our language is wanting in richness to furnish adequate terms of commendation of the military services of our hero. His signal gallantry has not merely given him in a rank among the conquerors of modern times, but this uniform and eminent usefulness in the protection of our southern frontier has enlisted his name among the saviors of his country. and to none is the recollection of his important services more dear than to the people of Alabama.

To have made such an expression of our admiration and gratitude, would have been regarded as a debt, and would have had the sanction of official precedent to justify it. Indeed it would have been no ground of objection to have proceeded in a less formal and official manner, to the full extent of the resolutions; this also would have and the sanction of precedent, and would have furnished equal testimony of the public sentiment of our fellow citizens in regard to this question, of so much present and future interest to the nation. It is because I believe it not fairly within the legitimate sphere of legislation, and so far as my knowledge extends without any previous example, and would be introductory of unnecessary, of not mischievous matters into our legislative deliberations, that I am inducted not to add my signature to the joint resolutions.

I can also add with the most perfect sincerity, that there is no other individual among the distinguished sages whose names have been in contemplation for the high office in question, in whose favor I would more reluctantly withhold my signature.

ISRAEL PICKENS.

Ordered, That said resolutions be laid on the table.

Ordered, That one hundred copies of said communication be printed for the use of this House.

Mr. McLemore presented the petition of sundry inhabitants of Montgomery county, praying an alteration in a road therein named;

Mr. Crenshaw presented the petition of sundry inhabitants of Dallas county, praying an alteration in a road therein named; which petitions were received and referred to the committee on roads, bridges, ferries, &c.

Ordered, That Messrs. Perkins, Creagh and Miller, be appointed a joint committee on the part of this House, to meet and confer with the committee on the part of the Senate, on the subject of the disagreement between the two Houses, on the amendments made by this House to the bill, entitled an act to provide for taking the census.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Jackson moved that the resolution from the Senate, proposing to meet this House at 7 o'clock to-morrow evening, to go into the election of a president and directors of the Bank of the State of Alabama, and five commissioners to act with the Governor in effecting a loan for the state, and also members of the several medical boards, lie on the table; which was lost--Yeas 6 Nays 46.

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

Mr. Jackson

Mead

Perkins

Jones

Martin

Smith-6

Those who voted in the negative, are:

Mr. Speaker

Creagh

Goodhue

Haines

Moore, of Md.

Ashley

Dennis

Hallett

King

McVay

Beck

Fields

Harvey

Lister

Moore, of J.

Brown

Fitts

Hill, of T.

Lanier

Moore, of Mar.

Barclay

Fluker

Hill, of B.

Merriwether

Mardis

Crenshaw

Fleming

Harrison

McLemore

McLaughlin

18


138

Manly

Powell

Shotwell

Vining

Miller

Peyton

Sargent

Whitaker

Phillips

Salter

Skinner

Weissinger

Philpott

Sims

Tindall

Young-46

The question was then taken on concurring in said resolution, and decided in the affirmative--Yeas 44, Nays 12.

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

Mr. Speaker

Fitts

King

McLaughlin

Shotwell

Ashley

Fluker

Lister

Manly

Sargent

Brown

Fleming

Lanier

Miller

Skinner

Barclay

Gayle

McConnico

Phillips

Smith

Crenshaw

Hallett

Merriwether

Powell

Vining

Creagh

Harvey

McLemore

Peyton

Whitaker

Dale

Hill of B.

McVay

Pickett

Weissinger

Dennis

Harrison

Moore of Mad.

Salter

Young-44

Fields

Haines

Moore of Mar.

Sims

Those who voted in the negative, are:

Mr. Adair

Jackson

Mardis

Philpott

Goodhue

Jones

Mead

Perkins

Hill of T.

Moore of J.

Martin

Tindall-12

Ordered, That the clerk acquaint the Senate therewith.

Mr. Brown move that the House now take into consideration a bill, entitled an act establishing a certain county therein named; which was carried--Yeas 35, Nays 14

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

Mr. Adair

Hill of B.

Moore of Mad.

Phillips

Sargent

Brown

Harrison

Moore of J.

Philpot

Skinner

Barclay

Haines

Moore of Mar.

Powell

Smith

Dennis

King

Mead

Peyton

Tindall

Fitts

Lanier

McLaughlin

Perkins

Vining

Fluker

Merriwether

Manly

Salter

Whitaker

Hill of T.

McVay

Martin

Shotwell

Weissinger-35

Those who voted in the negative, are:

Mr. Speaker

Fields

Jackson

McLemore

Pickett

Ashley

Goodhue

Jones

Mardis

Sims-14

Fleming

Harvey

Lister

Miller

The bill was then read a first time, and the rule which requires bills to be read on three several days being dispensed with, it was read a second time forthwith, and ordered to be read a second time to-morrow.

A bill from the Senate, entitled an act allowing a certain salary to the judge of the county court of Mobile; was read a second time, and ordered to be read a third time to-morrow.

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