Wednesday, December 3.

On motion of Mr. Barclay.

Ordered, That the joint committee to whom was referred resolutions proposing amendments to the Constitution be discharged from the further consideration thereof.

Ordered, That said resolutions be referred to the select committee, to whom was referred a resolution of this House, directing them to inquire into the expediency of so altering the Constitution as to have biennial instead of annual sessions of the legislature.

Mr. Gayle presented the account of Abel Farrar, late clerk of the circuit court of Monroe county.

Mr. Fitts presented the accounts of James McGoffin, John Spinks, and others.

Mr. Mardis presented the account of Ezekiel Henry, sheriff of Shelby county.

Mr. Hallett presented the account of Josiah D. Lister, late sheriff of Washington county.

Mr. Oliver presented the account of John Bell and Thomas Armstrong, commissioners to lay out a road from Cahawba to Pensacola; which accounts were received, and severally referred to the committee on account.

Mr. Perkins presented the petition of sundry inhabitants of Pickens, praying that the seat of justice of said county may not be removed from its present location; which was received, and referred to the committee on county boundaries.

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

Mr. Speaker- The Senate have read a third time, and passed a bill, originating in your honorable body, entitled

"An act respecting bail in civil cases;" and have amended the same, by striking out in the first section the words, "and that he, she or they (as the case may be) apprehends the loss of the said sum, or some part thereof, unless the defendant or defendants be held to bail:" in which amendment they ask the concurrence of your honorable body.

They have also passed a bill, originated in their body, entitled

"An act to establish regular justices' courts in this state:" in which they also desire your concurrence.

And then he withdrew.

On motion of Mr. Fleming, Resolved, That a committee be appointed to inquire into the annual expenditures of this state, and the annual revenue of this state, with a view to ascertain whether our present taxes can be reduced, consistent with the interest of this state, and the good people thereof, with leave to report by bill or otherwise: Whereupon, Messrs. Fleming, Crenshaw, Harvey, Beck and Brown, were appointed said committee.

Ordered, That the House concur in the amendment made by the Senate to the bill, entitled.

"An act respecting bail in civil cases"


51

Mr. Hill of B. presented the account of Ansel Sawyer, judge advocate; which was received and referred to the committee on accounts.

Mr. Oliver, from the judiciary committee, to whom was referred a bill to be entitled "An act to alter and amend an act, entitled an act to provide for assessing and collecting the taxes of this state, passed December 17, 1821," reported the same without amendment.

Mr. Jackson, from the select committee, to whom was referred a bill, to be entitled "An act concerning county court judges," reported the same without amendment.

Mr. Gayle, from the select committee, to whom was referred a bill to be entitled "An act for the relief of the people of the state of Alabama," reported the same with amendments; in which amendments the House concurred.

Mr. Philpott obtained leave to introduce a bill, to be entitled "an act the better to provide for the families of insolvent debtors;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Pickett, from the select committee to whom was referred a bill, to be entitled "An act to establish certain election precincts therein named, and for other purposes, reported said bill with amendments; in which amendments the House concurred.

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

A bill to be entitled "An act concerning county court judges" was read a second time, and ordered to be engrossed for a third reading to-morrow.

A bill, to be entitled, "An act to alter and amend an act, entitled an act to provide for assessing and collecting the taxes of this state passed December 17, 1821," was then taken into consideration; said bill being on its second reading.

Mr. Young moved to lay the said bill on the table; which was carried-- Yeas 30, Nays 25.

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

Mr. Speaker Jackson McVay Phillips Sims
Ashley Jones Moore of Mad. Philpott Sargent
Barclay King Moore of Mar. Powell Skinner
Fleming Lanier Manly Peyton Tindall
Hill of T. Merriwether Martin Picket Whitaker
Hill of B. Moore of J. Miller Perkins Young-30

Those who voted in the negative, are:

Mr. Beck Dennis Goodhue McConnico Salter
Brown Fields Hallett McLemore Shotwell
Crenshaw Fitts Harvey Mardis Smith
Creagh Fluker Harrison McLaughlin Vining
Dale Gayle Lister Oliver Weissinger-25

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

Mr. Speaker-- The Senate concur in the resolution of your honorable body, appointing a committee on your part, to act with such committee as may be appointed on the part of the Senate, to examine into the state of the treasury, and report the condition of the same; and to examine the books and the accounts of the comptroller of public accounts, and report the state and condition of the same, with authority to send for persons and papers; and have appointed on their part, Messrs. Murphy and Moore.


52

A bill, to be entitled "An act for the relief of the people of the state of Alabama," was then taken into consideration.

On motion of Mr. Phillips, Ordered, That the House resolve itself into a committee of the whole House, on said bill.

A bill, to be entitled "An act divorcing certain persons therein named," was read a second time.

On motion of Mr. Weissinger, Ordered, That said bill be referred to a select committee: Whereupon, Messrs. Weissinger, Oliver, Jackson, Jones and Creagh were appointed said committee.

Ordered, That Mr. Jones be added to the committee on roads, bridges, ferries, &c.

Mr. Hallett obtained leave to introduce "Resolutions allowing the solicitor of the first judicial circuit dollars in addition to the present salary, for extra services by him performed;" which was read a first time, and ordered to be read a second time to-morrow.

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 December 23, 1822" was read a second time, and ordered to be engrossed for a third reading to-morrow.

A bill, to be entitled "An act concerning the sixteenth sections of school lands in this state," was read a second time, and referred to the committee on schools, colleges and universities, and school and college lands.

Ordered, That Mr. Hill, of Bibb, be added to the committee on accounts.

Bills of the following titles to wit:

"An act giving concurrent jurisdiction to the county of Blount;"

"An act to establish the permanent seat of justice in the county of Shelby;" were severally read a second time, and ordered to be engrossed for a third reading to-morrow.

A bill, to be entitled "An act concerning executions, and for other purposes," was read a second time, and referred to a select committee, consisting of Messrs. Martin, Jackson, and Crenshaw.

Engrossed bills, entitled.

"An act to establish the seat of justice in the county of Pike, and for other purposes;"

"An act to vest in the judge of the county court, and commissioners of roads and revenue of the county of Henry, a certain portion of land for county purposes."

"An act to alter and amend the existing laws concerning strays:"

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

An act supplementary to an act allowing an additional number of jurors to the Madison circuit court;"

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

"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;" 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 authorize the administra-


53

tors of Thomas McHenry, deceased, to convey certain real estate therein named, and for other purposes, was read a third time.

And the question being put, Shall this bill pass? it was decided in the affirmative- Yeas 33, Nays 20.

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

Mr. Ashley

Fields

Lister

Oliver

Salter

Beck

Gayle

McConnico

Phillips

Sims

Brown

Hallett

McLemore

Powell

Shotwell

Crenshaw

Harrison

Moore, of J.

Peyton

Vining

Creagh

Jones

Moore of Mad.

Pickett

Whitaker

Dale

King

Mardis

Perkins

Young-33

Dennis

Lanier

McLaughlin
   

Those who voted in the negative, are,

Mr. Speaker

Fleming

Hill of B.

Martin

Skinner

Barclay

Goodhue

Jackson

Miller

Smith

Fitts

Harvey

Merriwether

Philpott

Tindall

Fluker

Hill of T.

McVay

Sargent

Weissinger-20

Mr. Oliver moved to amend the title of said bill, by striking out the words, "and for other purposes;" and by adding after the words, "Thomas McHenry, deceased," the words, "and Isaac Edwards, deceased;" which amendment was adopted.

Ordered, That the title be as amended.

Ordered, That the clerk acquaint the Senate therewith.

A bill, from the Senate, entitled "An act to establish regular justices' courts in this state;" was read the first time, and ordered to be read a second time to-morrow.

Mr. Martin moved to reconsider the vote given yesterday on the passage of the bill, entitled "An act to alter the time of holding the general elections in this state;" which was lost- yeas 26, nays 27.

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

Mr. Speaker

Fitts

Jackson

Merriwether

Philpott

Ashley

Fleming

Jones

Mardis

Powell

Beck

Gayle

Lanier

Martin

Pickett

Brown

Goodhue

Lister

Oliver

Weissinger

Creagh

Hallett

McConnico

Phillips

Young-26

Dale

Those who voted in the negative, are:

Mr. Barclay

Hill, of Bibb,

Moore, of Mad.

Perkins

Skinner

Crenshaw

Harrison

Moore, of Mar.

Salter

Smith

Fields

King

McLaughlin

Sims

Tindall

Fluker

McLemore

Miller

Shotwell

Vining

Harvey

Moore, of J.

Peyton

Sargent

Whitaker-27

Hill, of T.

McVay

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