Saturday, December 27

Mr. Hallett from the select committee, to whom was referred the petition of Nathaniel Littlefield and Gorham Davenport, agents of the administratrix of Oliver Holman, deceased; reported a bill, to be entitled an act to authorize the administratrix of Oliver Holman, deceased, late of the county of Mobile, to sell real estate; which was read a first time, and the rule being dispensed with, it was read a second time forthwiih, and ordered to be engrossed for a third reading to-morrow.


168

Mr. Adair, from the select committee, to whom was referred a bill, entitled an act to authorize Rodah Horton, and associates, to construct a turnpike road therein named; reported said bill with amendments, in which the House concurred. Ordered, That said bill be engrossed for a third reading on Monday next.

Mr. Jackson, from the select committee, to whom was referred a bill, entitled an act concerning billiard tables; moved that said committee be discharged from the further consideration of said bill which was carried.

Mr. Jackson from the select committee to whom was referred a bill entitled an act to incorporate the town of Florence in the county of Lauderdale; reported said bill without amendment. Ordered, That said bill be engrossed & be read a third time on Monday next.

Mr. Jones from the military committee, to whom was referred the quarter master general's annual report, and a communication from the Governor respecting the public arms hereafter to be received; reported that as the subject matter therein contained, has been embraced in a bill, which was passed this House, the committee ask to be discharged from the further consideration thereof. And the committee were discharged accordingly.

Mr. Mead, from the committee on roads, bridges, ferries &c. to whom was referred various petitions of the inhabitants of Dallas county, moved that the said committee be discharged from the further consideration thereof; which was carried.

Mr. Phillips moved that this House do now take up a bill, to be entitled an act to prescribe the mode of collecting moneys due the University, which was carried.

The said bill was then read a second time and referred to a select committee, consisting of Messrs. Philpott, Phillips, Adair & Perkins.

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 repeal part of an act, entitled an act to appoint commissioners for certain counties therein named, and for other purposes; passed Dec. 18, 1821;

An act to divorce Jane Kelly from her husband, James Kelly;

An act divorcing Robert Blassingam from Elizabeth Blassingam;

An act divorcing Drury Connally from Nancy Connally;

An act to authorize the administrators of Walter Otey, deceased, to sell real estate;

An act to repeal in part, an act declaring certain roads therein named public roads, until otherwise provided for by law, passed Dec. 24, 1822;

An act to establish certain election precincts therein named;

An act to amend an act entitled an act to appoint commissioners to lay out certain roads therein specified and for other purposes;

Resolution directing the Governor to commission the several persons elected members of the Medical Boards.

The House then took into consideration 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.

Mr. Philpott moved that this House insist on the following amendment made by this House, to said bill:


169

Sec. 2. And be it further enacted, That the said Samuel Dale shall receive the sum of three hundred dollars, payable in three annual instalments, in lieu of the compensation now allowed by law for the services he has rendered to the state, 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 300 dollars; which motion was rejected.--Yeas 23. Nays 29.

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

Mr. Speaker

Crenshaw

Haines

McLemore

Philpott

Adair

Creagh

Jackson

Moore of J.

Salter

Ashley

Dennis

Jones

Mardis

Young-23

Beck

Hallett

Lister

Martin

Barclay

Harvey

Lanier

Phillips
 

Those who voted in the negative are:

Mr. Brown

Hill of B.

Moore of Mar.

Peyton

Smith

Fields

Harrison

Mead

Perkins

Tindall

Fitts

King

McLaughlin

Sims

Vining

Fluker

Merriwether

Manly

Shotwell

Whitaker

Goodhue

McVay

Miller

Sargent

Weissinger-29

Hill, of T.

Moore, of Mad.

Powell

Skinner

Mr. Philpott moved, That ths House do recede from the following amendment to said bill:

Sec. 3. And be it further enacted, That this act shall take effect, from and after the first day of January next; which motion was carried.

Yeas 29.      Nays 22.

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

Mr. Brown

Hill, of Bibb,

Moore, of Mar.

Peyton

Smith

Barclay

Harrison

McLaughlin

Perkins

Tindall

Fitts

King

Manly

Sims

Vining

Fluker

Merriwether

Miller

Shotwell

Whitaker

Goodhue

McVay

Philpott

Sargent

Weissinger-29

Hill of T.

Moore, of Mad.

Powell

Skinner

Those who voted in the negative, are:

Mr. Speaker

Creagh

Jackson

Moore of J.

Salter

Adair

Dennis

Jones

Mardis

Young-22

Ashley

Hallett

Lister

Mead

Beck

Harvey

Lanier

Martin
 

Crenshaw

Haines

McLemore

Phillips
 

Ordered, That the clerk inform the Senate, That this House recede from their amendments to said bill.

Engrossed bills of the following titles, to wit:

An act to authorize the president and trustees of the University of Alabama to dispose of the lands belonging to said institution, by admitting entries;

An act in relation to seamen belonging to vessels in merchants' service;

An act to amend the charter of the Tombeckbe Bank;

An act to emancipate a certain slave named Letitia;

An act to provide for the payment of state witnesses;

An act for the further organization of the militia, in the counties of Pike and Covington;

An act to authorize William Black, and his associates to erect a toll bridge over Gravelly creek; 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 to the truth of such pleading; An act regulating appeals from the county court to the circuit court; An act to incorporate the town of Greenville, in the county of Butler: were severally read a third time and passed.

Ordered, That the titles be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

22


170

An engrossed bill, 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 a third time and passed.

Yeas 46.       Nays 7

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

Mr. Speaker

Fields

King

McLaughlin

Skinner

Adair

Fleming

Lister

Martin

Smith

Ashley

Goodhue

Lanier

Phillips

Vining

Beck

Hallett

Merriwether

Philpott

Whitaker

Brown

Harvey

McLemore

Powell

Weissinger

Barclay

Hill, of T.

McVay

Peyton

Tindall-46

Crenshaw

Hill of B.

Moore, of Mad.

Pickett

Creagh

Haines

Moore, of Mar.

Perkins
 

Dale

Jackson

Mardis

Salter
 

Dennis

Jones

Mead

Sargent
 

Those who voted in the negative, are:

Mr. Fitts

Harrison

Miller

Shotwell-7

Fluker

Moore, of J.

Sims

Ordered, That the title be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

A bill from the Senate, entitled an act for the relief of the tax collectors, in certain counties therein named; was read a first time, and ordered to be read a second time on Monday next.

Ordered, That the bill, entitled an act to authorize the judge of the county court, and the commissioners of the roads and revenue of Mobile county, to levy an extra tax for the building a court house and jail in said county; he laid on the table.

An engrossed bill, entitled an act to establish a certain road therein named; was read a third time and passed.

Mr. Haines moved to amend the title of said bill by adding there to, the words "and for other purposes:" which was carried.

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

Mr. Speaker-- The Senate have passed bills which originated in their House, entitled an act supplemental to an act to establish the Bank of the State of Alabama; An act to improve the navigation of the Coosa river, and to aid in its connection with the Tennessee waters; and A resolution authorizing the comptroller to receive all moneys and notes from the rents of reserved lands in the town of Cahawba, in all of which they desire your concurrence.

They have passed bills, which originated in your House, entitled an act for the relief of Benjamin Hatch; An act to incorporate the Flint river navigation company in Morgan county; An act to authorize Young A . Gray, to convey certain real estate therein mentioned; and, An act to allow the administrators of Aaron Murphy, deceased, to convey a certificate therein mentioned. And then he withdrew.

Mr. Fitts, from the committee on enrolled bills, reported. That said committee had examined and found correctly enrolled, bills of the following titles to wit: An act authorizing Richard Inge, and Greene Hill, executors of the last will and testament of John J. Inge, decd. to sell and convey real estate; An act to establish the town of Carthage in Tuskaloosa county; An act to amend the several acts, for the settlement and relief of the poor: An act to authorize Rebecca Fletcher to emancipate a certain slave therein named; resolution respecting the further distribution of the laws of this state; and a resolution providing more effectually for the trial of the writ


171

of quo warranto, now depending in the fifth judicial circuit against the Planters' and Merchants' Bank of Huntsville.

Resolution authorizing the comptroller of public accounts to receive all moneys and notes arising from the rents of the reserved land, in the town of Cahawba; was read a first time, and ordered to be read a second time on Monday next.

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

Mr. Speaker, the Senate have adopted the following resolution Resolved, That a message be sent to the House of Representatives, informing them that the Senate have nearly completed the business before them; and will be ready to adjourn sine die, this evening at 10 o'clock. And then he withdrew.

Ordered, That said resolution lie on the table.

A bill, entitled an act to allow Henry Hitchcock compensation for superintending the printing the Digest of the statutes of this state, and making an Index for the same; was read a second time and ordered to be engrossed for a third reading on Monday next.

A bill, entitled an act dividing the 22d regiment of Alabama militia; was read a second time, and ordered to be engrossed for a 3d reading on Monday next.

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

An act to prevent fraudulent conveyances; An act pointing out the manner by which the streets in the towns of Tuskaloosa and Montgomery shall be kept in good order, and for other purposes; were severally read a third time and passed.

Ordered, That the clerk acquaint the Senate therewith.

Ordered That Messrs. Ashley, Merriwether and Vining have leave of absence for the remainder of the session.

A bill from the Senate, entitled an act supplementary to an act to establish the bank of the State of Alabama; was read the 1st time; and the rule being suspended, it was read a second and third time and passed.

Ordered, That the clerk acquaint the Senate therewith.

A bill, from the Senate, entitled an act to improve the navigation of the Coosa, and to aid in its connexion with the Tennessee waters; was read a first time: and the rule being dispensed with, it was read a second time and referred to a select committee, consisting of Messrs. Mardis, Pickett, Tindall and Mead.

A bill from the Senate, entitled an act restricting officers from taking commissions on costs collected by them on executions; was read a 3d time and passed.

Ordered, That the clerk inform the Senate thereof.

A resolution from the Senate, entitled a resolution concerning the district court of the United States; was read a second time: and the rule being dispensed with, it was read a 3d time and passed.

Ordered, That the clerk inform the Senate thereof.

And then the House adjourned till 2 o'clock this evening.

Evening 2 o'clock.

Bill from the Senate, entitled an act to appoint commissioners to improve the navigation of the Tennessee River; was read a third time and passed--Yeas 27, Nays 23.


172

The yeas and nays thereon being required, those who voted invthe affirmative are:

Mr. Speaker

Goodhue

Lister

Manly

Smith

Adair

Hallett

McVay

Martin

Tindall

Barclay

Harvey

Moore of J.

Phillips

Whitaker-27

Creagh

Hill, of T.

Moore of Mar.

Philpott

Fitts

Jackson

Mardis

Pickett
 

Fleming

Jones

Mead

Perkins
 

Those who voted in the negative, are:

Mr. Beck

Fluker

Lanier

Powell

Sargent

Brown

Hill, of Bibb,

McLemore

Peyton

Skinner

Crenshaw

Harrison

Moore of Mad.

Salter

Weissinger-23

Dennis

Haines

McLaughlin

Sims

Fields

King

Miller

Shotwell
 

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, originating in your House, of the following titles, to wit;

An act for the further organization of the militia in the counties of Pike and Covington;

An act to emancipate a certain slave named Letitia;

An act to establish a certain road therein named; which latter they have amended, and in which amendment they desire your concurrence;

An act to incorporate the town of Greeneville in the county of Butler;

An act to authorize William Black and his associates to erect a toll bridge over Gravelly Creek. And then he withdrew.

A bill from the Senate, entitled an act to repeal in part and amend an act supplementary to an act, to establish a State University, passed Dec. 18, 1821; was read a third time and passed.

Ordered, That the clerk inform the Senate thereof.

Mr. Phillips, from the select committee, to whom was referred a bill, entitled an act to prescribe the mode of collecting the moneys due the University, reported said bill without amendment.

Ordered, That said bill be engrossed for a third reading on Monday next.

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 to appoint commissioners to improve the navigation of the Tennessee River. And then he withdrew.

Mr. Perkins, from the select committee, appointed to wait on the Hon. William I. Adair, the late speaker, and request a copy of the address made by him to the House on resigning the chair, Reported, that said committee had performed that duty, and received from Mr. Adair the following reply:

CAHAWBA, DECEMBER 24, 1823.

Gentlemen:- I duly appreciate the honor done me by the resolution which you, as a committee on the part of the House of Representatives, have presented, requesting permission to spread on the journal, the short address delivered by me on resigning the chair, and requesting a copy for that purpose. That address was unpremeditated, and consequently never reduced to writing. It was a candid and simple expression of my feelings at the moment. So far as it possessed any thing worthy of being remembered, it will not be forgotten by those to whom it was addressed; and for whom alone it was intended. Be pleased to accept for yourselves indivi-


173

dually, and for the body you represent my warmest wishes for your prosperity and happiness.

W. I. ADAIR.

Messrs. Perkins, Gayle and Jackson a committee &c.

Ordered, That said reply be spread upon the journal.

A bill from the Senate, entitled an act to authorize William E. Dupree to emancipate a certain slave therein named; was read a 3d time and passed.

Ordered, That the Senate be informed thereof.

Mr. Philpott moved that the further consideration of a bill, entitled an act to appoint commissioners to inquire into the situation of the state and county funds in the county of Clarke, be indefinitely postponed; which was carried.

Bill to be entitled an act to compensate Ferdinand Sannoner for a map of the state of Alabama; was read a second time, and ordered to be engrossed for a 3d reading on Monday next; A bill to be entitled an act authorizing a lottery to and in the improvement of the navigation of Indian Creek; was read a second time.

Mr. Brown moved that the further consideration of said bill be indefinitely postponed; which motion was rejected--yeas 15, nays 34.

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

Mr. Speaker

Dennis

Hill, of T.

Jackson

Philpott

Brown

Fields

Harrison

Mardis

Sims

Creagh

Goodhue

Haines

Manly

Skinner-15

Those who voted in the negative, are:

Mr. Adair

Hallett

McVay

Miller

Sargent

Beck

Harvey

Moore of Mad.

Phillips

Smith

Barclay

Hill of B.

Moore of Mar.

Peyton

Tindall

Crenshaw

Jones

Moore, of J.

Pickett

Whitaker

Dale

King

Mead

Perkins

Weissinger

Fitts

Lister

McLaughlin

Salter

Young-34

Fluker

Lanier

Martin

Shotwell

Said bill was then referred to a select committee, consisting of Messrs. Miller, Jackson, Adair, and Lanier.

Bill, entitled an act to alter the time of holding the session of the supreme court, was read a second time.

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

Bills, entitled an act to authorize David Dickinson, Reuben Hays and William Hays, to emancipate certain slaves therein named; and An act for the relief of state witnesses attending out the county in which the offence was committed, and for other purposes; were severally read a second time, and ordered to be engrossed for a third reading on Monday next.

A bill, entitled an act for the relief of Thomas Phillips, was laid on the table.

A bill, entitled an act in relation to the 16th sections, was read a second time, and laid on the table.

An engrossed bill, entitled an act regulating the fees of justices and constables, was read a third time and passed--Yeas 26, Nays 25.

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

Mr. Barclay

King

Manly

Perkins

Whitaker

Fitts

Lanier

Martin

Shotwell

Young-26

Goodhue

McVay

Miller

Sargent

Hill of T

Moore of Mad.

Philpott

Skinner
 

Jackson

Moore of J.

Powell

Smith
 

Jones

Mead

Peyton

Tindall
 

Those who voted in the negative, are:

22*


174

Mr. Speaker

Creagh

Hallett

Lister

Phillips

Ashley

Dale

Harvey

McLemore

Pickett

Beck

Dennis

Hill of B.

Moore of Mar.

Salter

Brown

Fields

Harrison

Mardis

Sims

Crenshaw

Fluker

Haines

McLaughlin

Weissinger-25

Ordered, That the title be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

A memorial from the Senate of the General Assembly of the state of Alabama to the Congress of the U. States, was read a 2d time, and the rule being suspended, it was read a 3d time forthwith & passed.

Ordered, That the clerk inform the Senate thereof.

Engrossed bills of the following titles, to wit: An act to change the state road and for other purposes; An act to repeal in part and amend an act, entitled an act to incorporate the town of Athens, in Limestone county, passed the 19th day of November, 1818; An act to emancipate the person therein named; and, An act for the better regulating the public officers in the several counties of this state; were severally read a third time, and passed.

Ordered, That the titles be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

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

Mr. Speaker-- The Senate concur in the amendments made by your honorable body to the bill, entitled an act to authorize William E. Dupree to emancipate a certain slave named Billy; also to the memorial of the General Assembly of the state of Alabama to the Congress of the United States. And then he withdrew.

And then the House adjourned till 7 o'clock.

Evening, 7 o'clock.

On motion of Mr. Jackson, Resolved, That the Senate be informed that this House is now ready to receive them in the west end of their Hall, to go into the election of a commissioner of the loan, and a judge of the county court of Walker county.

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

The Senate having repaired to the hall of this House, the two Houses proceeded to elect a commissioner of the loan for the State Bank. Thomas H. Wiley being the only person in nomination, the votes were,

For him,     64.

The speaker thereupon declared him duly elected a commissioner of the loan for the State Bank.

Those who voted for Mr. Wiley, are:

Mr. President

Wood

Fleming

Moore of Mad.

Pickett

Coats

Mr. Speaker

Goodhue

Moore of J.

Perkins

Conner

Adair

Hallett

Moore of Mar.

Salter

Crabb

Beck

Harvey

Mardis

Sims

Devereux

Brown

Hill of T.

Mead

Shotwell

Hopkins

Barclay

Hill of B.

Manly

Sargent

McCamy

Crenshaw

Harrison

McLaughlin

Skinner

Metcalf

Creagh

Jackson

Martin

Smith

Moore

Dale

Jones

Miller

Tindall

McVay

Dennis

Lister

Phillips

Whitaker

Powell

Fields

Lanier

Philpott

Weissinger

Shackleford

Fitts

McLemore

Powell

Young-64

Smith

Fluker

McVay

Peyton

The two Houses then proceeded to the election of a judge of the county court of Walker county.

David Murphy, sen. being in nomination and the same persons noting for him that voted for Mr. Wiley as above, together with Mr.


175

Casey, the Speaker declared him duly elected the judge of the county court of Walker county.

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