Monday, December 29.

Mr. Manly, from the select committee, to whom was referred a bill, entitled an act concerning execution, and for other purposes, Reported, That said committee ask to be discharged from the further consideration of said bill, ad there is a bill now before this House embracing the objects of this: and the said committee were accordingly discharged.

Mr. Miller, from the committee on county boundaries, to whom was referred the petition of sundry people of Wilcox, moved that said committee be discharged from the further consideration there which was carried.

Mr. Mardis, from the select committee, to whom was referred a bill, entitled an act to improve the navigation of the Coosa, and to aid in its connexion with the Tennessee waters, reported said bill without amendment.

Mr. Mardis also presented a memorial to the General Assembly on the same subject ; which was laid on the table.

The bill was then read a third time, and passed.

Ordered, That the clerk inform the Senate thereof.

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 allow the administrators of Aaron Murphy deceased, to convey a certificate therein mentioned; An act to authorize William Black and his associates to erect a toll bridge over Gravelly Creek; An act to authorize Young A. Gray to convey certain real estate therein mentioned; An act for the relief of Benjamin Hatch; An act to emancipate a certain slave named Letitia; An act for the further organization of the militia in the counties of Pike and Covington; An act to incorporate the town of Greenville, in the county of Butler; an act to incorporate the Fling River Navigation Company, in Morgan county; and, An act to establish a certain road therein named, and for other purposes.

Mr. Beck presented sundry accounts; which were received and referred to the committee on accounts.

Engrossed bill of the following titles, to wit; An act to compensate Ferdinand Sannoner for a map of the state of Alabama; An act amendatory of the laws now in force respecting roads; An act to permit Julius Chamberlain to vend goods in this state; An act to authorize Rodah Horton and associates to construct a turnpike road therein name; An act to incorporate the trustees of Claiborne Academy; An act to provide for the sale of land and slaves in the towns of Courtland and Tuscumbia, in certain cases; and, An act to authorize William Blake to emancipate a negro man slave, named Jacob; were severally read a third time, and passed.

Ordered, That the titles be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

Mr. Miller, from the select committee, to whom was referred a bill, entitled an act authorizing a lottery to aid in the improvement of the navigation of Indian Creek, reported the same without amendment. The bill was then read a third time and passed.


176

Ordered, That the clerk inform the Senate thereof.

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

Mr. Speaker-- The Senate concurring the amendment made by your honorable body to a bill, entitled an act to repeal in part and amend an act, entitled an act supplementary to an act to establish a state university, passed December 18, 1822, and have amended your amendment, by striking out all after the word; "provided," and substituting an amendment in lieu thereof; in which they desire our concurrence. Ordered, That this House disagree to said amendment of the State.

Ordered, That the clerk inform the Senate thereof.

Ordered, That a bill, entitled an act to alter the times of holding courts in the 1st, 2d, and 6th judicial circuits, be referred to a select committee; Whereupon, Messrs. Jackson, Crenshaw, Creagh, Mardis, Perkins, Jones and Martin, were appointed said committee.

Mr. Phillips presented the account of Jesse Beene, clerk of the supreme court; which was received, and referred to the committee on accounts.

Mr. Fitts, from the committee on enrolled bills, reported that said committee had examined and found correctly enrolled, a bill, entitled an act to establish regular justices' courts in this state.

An engrossed bill, entitled an act to fix the permanent seat of justice in Pickens county, was read a third time, and lost.

Mr. Jackson moved, that this House do now take into consideration a bill, entitled an act to allow Henry Hitchcock, Esquire, compensation for superintending the printing the Digest, and making the index for the same; which was carries.

The blank in the second section of said bill, which relates to making compensation to the legal representatives of Harry Toulmin, deceased, for a table of contents for said Digest; being under consideration.

Mr. Martin moved to fill said blank with the words "five hundred" before dollars, which was lost--Yeas 5, Nays 46.

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

Mr. Creagh

Dale

Haines

Lister

Martin-5

Those who voted in the negative, are:

Mr. Speaker

Fleming

McLemore

Phillips

Skinner

Adair

Goodhue

McVay

Philpott

Smith

Beck

Hallett

Moore, of Mad.

Powell

Tindall

Brown

Harvey

Moore, of J.

Peyton

Whitaker

Barclay

Hill, of T.

Mardis

Pickett

Weissinger

Crenshaw

Hill, of B.

Moore, of Mr.

Perkins

Young-46

Dennis

Harrison

Mead

Salter

Fields

Jackson

McLaughlin

Sims
 

Fitts

Jones

Manley

Shotwell
 

Fluker

King

Miller

Sargent
 

Mr. Weissinger moved to fill said blank with the words "two hundred," which was lost--Yeas 12, Nays 39.

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

Mr. Adair

Dale

Haines

Pickett

Crenshaw

Hallett

Lister

Weissinger

Dennis

Harvey

Martin

Young-12

Those who voted in the negative, are:


177

Mr. Speaker

Fleming

McLemore

Manly

Sins

Beck

Goodhue

McVay

Miller

Shotwell

Brown

Hill, of T.

Moore of Mad.

Phillips

Sargent

Barclay

Hill, of B.

Moore of Mr.

Philpott

Skinner

Creagh

Harrison

Moore of Mr.

Powell

Smith

Fields

Jackson

Mardis

Peyton

Tindall

Fitts

Jones

Mead

Perkins

Whitaker-39

Fluker

King

McLaughlin

Salter

Mr. Adair moved to fill said blank with the words "one hundred and fifty," which was lost--Yeas 24, Nays 27.

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

Mr. Speaker

Hallett

Jackson

Mardis

Weissinger

Adair

Harvey

Jones

Manly

Young-24

Crenshaw

Hill of T.

Lister

Martin

Dale

Harrison

McLemore

Phillips

Dennis

Haines

Moore, of J.

Powell

Sargent

Mr. Beck

Fluker

Moore, of Mad

Peyton

Skinner

Brown

Fleming

Mead

Salter

Smith

Barclay

Goodhue

McLaughlin

Sims

Tindall

Creagh

Hill, of Bibb,

Miller

Shotwell

Whitaker-27

Fields

King

Philpott

Pickett
 

Fitts

McVay

Moore, of Mar.

Perkins
 

The blank was the filled with "one hundred."

The said bill was then read a third time and passed.

Ordered, That the clerk inform the Senate thereof.

A communication was received from the Governor, by J. J. Pleasants, secretary of state, notifying this House that the Governor did, on this day approve and sign, An act to repeal part of an act, entitled an act to appoint commissioners for certain roads therein named, and for other purposes, passed Dec. 18, 1821; An act divorcing Drury Connally from his wife, Nancy Connally; an act divorcing Jane Kelly from her husband, James Kelly; An act divorcing Robert Blassingam from Elizabeth Blassingam; An act to repeal in part an act, entitled an act declaring certain roads therein named, public roads until otherwise provided for by law, passed Dec. 24th, 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; An act to authorize the administrators of Walter Otey, deceased, to sell certain real estate; and, Resolution directing the Governor to commission the several persons elected members of the Medical Boards; all of which originated in this House.

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

Mr. Speaker-- The Senate have passed bills, which originated in your House, entitled 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 persons therein named: An act to compensate Ferdinand Sannonor for a map of the state of Alabama; and, An act for the better regulating the public officers in the several counties in this state; which latter they have amended, and in which amendment they desire your concurrence.

They insist on their amendment to the amendment made by your honorable body to the bill, entitled an act to repeal in part and amend an act entitled an act supplementary to an act, to establish a State University, passed Dec. 13, 1821. And then he withdrew.

Ordered, That the House concur in the amendments made by the


178

Senate to the bill, entitled an act for the better regulating the public offers in the several counties in this state.

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

Evening 3 o'clock.

Mr. Jackson, from the select committee, to whom was referred a bill, entitled an act to alter the times of holding courts in the 1st, 2d and 6th judicial circuits, reported said bill with amendments, in which the House concurred. The bill was then read a 3d time and passed. Ordered, That the clerk inform the Senate thereof.

Mr. Jackson, from the select committee, to whom was referred a report of the treasurer made in pursuance of the resolution of this House, Reported, that said committee ask to be discharged from he further consideration thereof. And the committee was discharged accordingly.

On motion of Mr. Jackson, Ordered, That said report be spread on the journals.

Report of the aggregate amount of money received into the State Treasury on account of sales of town lost in Cahawba, and for the rents of University lands; also what amount has been paid out of the proceeds of said sales and rents of the lands aforesaid, as directed by law: what amount has been paid out of the three per cent. fund; and the amount of Treasury Notes in circulation at this date.

Total am't of money rec'd into the treasury for payment on lost in Cahaba   44960 31 3-4
Paid out of this fund the following sums, to wit:
     
The late Gov. Wm W. Bibb, the amount overpaid by him      
to the treasury, on the first sale of lots,
$120 00    
John Boyce, interest refunded on three lots,     59 54    
Building bridge over the Cahawba river, 4000 00    
Enclosing the state house, & making shutters to the window   697 97    
Additional compensation allowed to D. & N. Crocheron for      
building the state house.
4490 00 9367 51  
Leaving a balance of  35592 80 3-4  
Received on account of the rents of university lands,   5877 46 1-4  
Paid for surveying seminary lands,   856 73    
Trustees of the University, 2427 18 1-2  
Commissioners for leasing the lands,   476 88 1-4  
Contingent charges upon this land,   208 00   3968 76 3-4
Leaving of this fund an unexpended balance of 1908 67  1908 67 1-2  
There had been paid out of the three per cent fund      774 00
The treasury notes in circulation at this date amount to    9620 00

Dec. 5, 1823.            JOHN C. PERRY, State Treasurer.

Ordered, That this house insist on their disagreement to the amendment made by the Senate, to their amendment to the bill, entitled n act to repeal in part and amend an act entitled an act supplementary to an act to establish the State University, passed Dec. 18, 1821.

Ordered, That Messrs. Jackson, Jones, Philpott, Fields, Phillips and Perkins be appointed a committee, to ace with such committee as may be appointed by the Senate, upon he disagreement between the two Houses, in relation to said amendment.

Ordered, That the clerk acquaint the Senate therewith.

A bill from the Senate, entitled an act to incorporate the Limestone and Flint River Navigation Companies; was read a third time and passed. Ordered, That the clerk acquaint the Senate the An engrossed bill, entitled an act to regulate the commissioners of assessors and tax collectors; was read the 3d time and passed.


179

Ordered, That the titled be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

A bill from the Senate, entitled an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Greene Academy; was read a third time and passed.

Ordered, That clerk inform the Senate thereof.

An engrossed bill, entitled an act to repeal the fifth section of an act, entitled an act amendatory of the laws now in force, for the relief of insolvent debtors; was read a third time.

Mr. Mardis moved that the further consideration of said bill be indefinitely postponed; which was carried- Yeas 32, Nays 18.

The yeas 7 nays being required, those who voted in the affirmative, are:

Mr. Speaker

Fitts

King

Mead

Skinner

Beck

Fluker

Lister

McLaughlin

Smith

Brown

Fleming

McVay

Manley

Whitaker

Crenshaw

Goodhue

Moore, of Mad

Powell

Young-32

Creagh

Hallett

Moore, of Mar.

Perkins

Dale

Harvey

Moore, of J.

Sims
 

Fields

Jones

Mardis

Shotwell
 

Those who voted in the negative, are:

Mr. Adair

Haines

Martin

Peyton

Tindall

Dennis

Jackson

Miller

Pickett

Weissinger-18

Hill, of Bibb

Lanier

Phillips

Salter

Harrison

McLemore

Philpott

Sargent
 

An engrossed bill, entitled an act to amend the laws now in force in this state for the punishment of the crime of horse stealing; was read a third time and passed. Yeas 37. Nays 14.

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

Mr. Adair

Hallett

McLemore

Powell

Smith

Beck

Harvey

Moore of Mad.

Peyton

Tindall

Brown

Harrison

Moore of Mar.

Pickett

Whitaker

Dennis

Haines

Manly

Perkins

Weissinger

Fitts

Jackson

Martin

Salter

Young-37

Fluker

King

Miller

Shotwell

Fleming

Lister

Phillips

Sargent
 

Goodhue

Lanier

Philpott

Skinner
 

Those who voted in the negative are:

Mr. Speaker

Creagh

Hill of B.

Moore of J.

McLaughlin
Barclay

Dale

Jones

Mardis

Sims-14
Crenshaw

Fields

McVay

Mead
 

Ordered, That the title be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

A message was received from the Senate by Mr. Lyon, their sec'y.

Mr. Speaker:-- The Senate have passed bill, which originated in your house, entitled an act to provide for the payment of state witnesses; 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; and have amended the same: in which amendment they desire your concurrence.

They concur in the amendments made by your honorable body to the bill, entitled an act to allow Henry Hitchcock, compensation for superintending the printing the digest, and making an index for the same. They have passed bills originating in your House, entitled An act in relation to seamen belonging to vessels in merchants' service;

An act to authorize the President and Trustees of the University of Alabama, to dispose of the land belonging to said institution, by admitting entries; 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 to provide for the sale of lands and


180

slaves at the towns of Courtland and Tuscumbia, in certain cases; An act to authorise Wm. Blake to emancipate a certain negro man slave named Jacob; An act to incorporate the Trustees of the Claiborne Academy; An act to change the state road, and for other purposes; and have amended the latter, in which your concurrence is desired; and then he withdrew.

Ordered, That this house concur in the amendments made by the senate to the following bills, to wit: An act to amend the charger of the Merchants' and Planters' Bank of Huntsville; and to provide for the speedy resumption of specie payments thereby; and, an act to change the state road, and for other purposes. An engrossed bill, entitled an act in relation to the 16th sections-- was read a third time and passed. Ordered, that the title be as aforesaid. Ordered, that the clerk inform the senate thereof.

Engrossed resolution, authorizing the comptroller of public accounts to receive all moneys and notes arising from the rents of reserved lands in the town of Cahawba; was read a second time, and the rule being suspended, it was read a third time and passed.

Ordered, That the clerk inform the Senate thereof.

Bill from the Senate, entitled an act for the relief of the tax collectors in certain counties therein named; was read a second time, and ordered to be read a third time to-morrow.

Bills from the Senate, entitled an act to declare Bassett's creek, in Clarke county, a public highway, and for other purposes; an act to authorize the judge of the county court & commissioners of roads and revenue of Mobile county, to lay an extra tax, for the purpose of building a court house and jail in said county, and for other purposes; were severally read a second time; and the rule being suspended, they were read a third time and passed. Ordered, That the clerk acquaint the Senate therewith.

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

Mr. Speaker --The Senate have appointed a committee on their part, consisting of Messrs. Casey, Hopkins, Moore, Conner and Powell, to meet and confer with the committee appointed on the part of your honorable body, respecting the disagreement between the two Houses, in relation to the amendment made by the Senate to your amendment to the bill, entitled an act to repeal in part and amend an act, entitled an act supplementary to an act to establish a state university, passed December 18, 1821.

They concur in the amendments made by your honorable body to the bill, entitled an act to alter the times of holding courts in the 1st, 2d, 3d, and sixth judicial circuits. And then he withdrew.

Ordered, That Mr. Harvey have leave of absence during the balance of the session.

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

Evening 7 o'clock.

Ordered, That Messrs. Sargent and Skinner have leave of absence after 2 o'clock to morrow, for the balance of the session.

Mr. Hallett, from the committee on accounts, to whom was referred a bill, to be entitled an act making appropriations for certain claims against the state, reported said bill with sundry amendments, in which the House concurred.

Ordered, That said bill be engrossed for a 3d reading to-morrow.

Mr. Hallett obtained leave to introduce a bill, to be entitled an act making appropriations for the yeas 1824; which was read a first time, and the rule being dispensed with, it was read a second time, and ordered to be engrossed for a third reading to-morrow.


181

Engrossed bills, entitled an act to incorporate the town of Florence, in Lauderdale county; and an act dividing the 22d regiment of Alabama militia; were severally read a third time and passed.

Ordered, That the titled be as aforesaid.

Ordered, That the clerk inform the Senate thereof.

Mr. Fitts, from the joint committee on enrolled bills, reported that they had examined and found correctly enrolled bills of the following titles, to wit: An act to prevent fraudulent conveyances; An act pointing out the manner by which the streets in the town of Tuskaloosa and Montgomery shall be kept in good order, and for other purposes; An act supplemental to an act, to establish the Bank of the state of Alabama; An act to appoint commissioners to improve the navigation of the Tennessee river; An act to amend the charter of the Tombeckbe Bank; an act to authorize the administrators of Isaac Edwards, deceased, to comply with the contracts of their intestate, respecting his real estate; An act to incorporate the Huntsville Library company; An act to amend an act entitled an act to regulate the proceedings in the courts of law and equity in this state.

Engrossed bills, entitled an act to prescribe the mode of collecting monies due the University; An act for the relief of witnesses attending out the county in which the offence was committee, and for other purposes; were severally read a third time, and rejected.

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