Tuesday, December 30.

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 amendatory of the laws now in force in this state respecting roads, &c. which they have amended by striking out the second section thereof, and in which they desire your concurrence; An act to revise and amend an act, entitled an act to revise, consolidate, and amend the several acts relative to the militia of this state, to which they have made various amendments, an din which they desire your concurrence; An act to authorize Claiborne Wright and his associates, and Alexander G. Morgan and his associates, to make certain improvements in the navigation of the Tennessee river, to which they have also made various amendments; and in which they desire your concurrence.

Mr. Phillips, from the committee of ways and means to whom were referred sundry memorials of the merchants of Triana, Florence, and Huntsville, on the subject of taxation on "sales of merchandize, reported the following resolution: Resolved, That sales of merchandize shall include an account of all articles sold by merchants in the course of their trade.

Ordered, That this House concur in said report.

A communication was received 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 authorize William Black and his associates, to erect a toll bridge over Gravelly creek; An act to allow the admrs. Of Aaron Murphy, deceased, to convey a certificate therein mentioned; An act to incorporate the Flint river navigation company in Morgan Co; An act to incorporate the town of Greenville in the county of Butler; An act for the further organization of the militia in the counties of Pike and Covington; An at to emancipate a certain slave named Letrtia; An act to authorize Young A. Gray to convey certain real estate therein mentioned; an act for the relief o Benjamin Hatch; An act to establish a certain

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road therein named, and for other purposes; all of which originated in this House.

Ordered, That this House disagree to the amendments made by the Senate to the bill, entitled An act authorizing Claiborne Wright and his associates, and Alexander G. Morgan and his associates, to make certain improvements in the navigation of the Tennessee river, by striking out the words twenty-nine, in the last line of the 5th section, and inserting in lieu thereof, eighteen; by adding a proviso to the 5th section; by adding the words and keel, after the word bottomed; by inserting the words ascending or after the word boats, in the 2d line of the 7th section; by striking out the words in low tide; and by striking out the proviso in the 7th section. Ordered, That this House concur in the other amendments made by the Senate to said bill. Ordered, That the clerk inform the Senate thereof.

Mr. Adair moved that the bill, entitle an act to revise and amend an act, entitled an act to revise, consolidate and amend the several acts relative to the militia of this state, with the amendments made thereto by the Senate, be postponed till the third Monday of November next; which was lost--Yeas 6, Nays 41.

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

Mr. Adair

Fleming

Harrison

Haines

McLemore

Peyton-6

Those who voted in the negative, are,

Mr. Speaker

Fluker

Lanier

Miller

Shotwell

Young-41

Beck

Goodhue

Moore of Mad.

Phillips

Sargent

Brown

Hallett

Moore of J.

Philpott

Skinner
 

Barclay

Hill of B.

Moore of Mar.

Powell

Smith
 

Crenshaw

Jackson

Mardis

Pickett

Tindall
 

Creagh

Jones

Mead

Perkins

Whitaker
 

Dennis

King

McLaughlin

Salter

Weissinger
 

Fields

Fitts

Lister

Martin

Sims
 

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

The Senate concur in the report of the committee of conference appointed on their part to act with the one appointed on the part of your honorable body, respecting the disagreement between the two houses, in relation 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. 18, 1821: which report is as follows: Resolved, that the bond to be given by the State Treasurer, be one hundred thousand dollars, agreeably to the provisions of the amendment made by the Senate. They disagree to the amendment made by your honorable to the bill, entitled An act appropriating the fines and forfeitures accruing in Madison county to the benefit of Greene Academy. They concur in the amendments made by your honorable body to bills, of the following titles to wit: An act to incorporate the Flint River Navigation Company; An act to declare Bassett's creek in Clarke county a public highway: An act to authorize the judge of the county court and the commissioners of roads and revenue in Mobile county, to levy an extra tax for the purpose of building a court-house and jail in said county. They have passed a bill originating in your house, entitled An act to regulate the commissions of assessors and tax collectors; and have amended the same, in which they desire your concurrence.

They have passed a resolution, originating in your House, entitled resolution appointing commissioners of reserved lands in the town of Cahawba; in which they desire your concurrence. And then he withdrew.

An engrossed bill, entitled an act for the relief of Thomas Berry, was read a third time and passed. Ordered, That the titled be as aforesaid. Ordered, That the clerk inform the Senate thereof.


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Mr. Jackson from the committee of conference appointed by this House, to confer with the committee appointed by the Senate, on the disagreement between the two Houses concerning the amendment made by the Senate to the amendment made by this House 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, reported the following resolution: Resolved, That the bond to be given by the state treasurer, be one hundred thousand dollars, agreeably to the amendment made by the Senate's in which report the House concurred.

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

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

Mr. Speaker-The Senate recede from their amendment to the bill, entitled an act to improve the navigation of the Tennessee River, by striking out the words "twenty nine" and inserting in lieu thereof the word "eighteen" in the last line of the 5th section.

They insist on their amendments to said bill, by adding the words "and keel" after the word "bottomed," in the 1st line of the 7th section, by adding the words "ascending or" after the word "boats" in the 2d line of 7th sec. by striking out the words "at low tide" in said line, and by striking out the proviso at the end of the 7th section.

They have passed a bill, originating in their House, entitled an act for the relief of the people in certain counties therein named; in which they desire your concurrence. And then he withdrew.

Ordered, That this House insist on their amendment to the bill, entitled an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Greene Academy. Ordered, That the clerk inform the Senate thereof. Ordered, That this House concur in the amendment made by the Senate to the bill, entitled an act to regulate the commissions of assessors & tax collectors in this state.

Ordered, That the clerk inform the Senate thereof. Resolution from the Senate to appoint commissioners of reserved lands in the town of Cahawba; was read a first time: and the rule being suspended, it was read a 2d & 3d time & passed. Ordered, That the clerk inform the Senate thereof. Ordered, That this House recede from their disagreement to the several amendments made by the Senate to the bill, entitled an act to improve the navigation of the Tennessee River.

Ordered, That the clerk acquaint the Senate therewith.

Bill from the Senate, entitled an act for the relief of the people in certain counties therein named; was read a first time: and the rule being suspended, it was read a second time, and ordered to be read a third time to-morrow.

An engrossed bill, entitled an act to authorize the administratrix of Oliver Holman, deceased, late of the county of Mobile, to sell real estate; was read a third time and passed. Ordered, That the title be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

An engrossed bill, entitled an act for the relief of the tax collectors in certain counties therein named, and for other purposes; was read a third time. And then the House adjourned till half past 2 o'clock this evening.

Evening- half past 2 o'clock.

Ordered, That Mr. Whitaker have leave of absence from this House after to day, for the balance of the session.


184

Mr. Hallett obtained leave to introduce a resolution in relation to the printing and distribution of the acts, resolutions and journals of the General Assembly; which was read a first time: and the rule being suspended, it was read a 2d and 3d time forthwith and passed.

Ordered, That the clerk acquaint the Senate therewith.

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 authorize William Blake to emancipate a negro man slave named Jacob; 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 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 in relation to seamen belonging to vessels in merchants' service; 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 19th Nov. 1818; 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; An act to compensate Ferdinand Sannoner for a map of the state of Alabama; An act to better regulate the proceedings of public officers in the several counties in this state; An act to provide for the payment of state witnesses; An act to incorporate the Claiborne Academy; and, An act to provide for the sale of lands and slaves at the towns of Courtland and Tuscumbia in certain cases; and, An act to emancipate the persons therein named.

Ordered, That this House concur in the amendments made by the Senate to the bill, entitled an act to revise and amend an act, entitled an act to revise, consolidate and amend the several acts relative to the militia of this state. Ordered, That the clerk inform the Senate thereof. Ordered, That this House disagree to the amendment made by the Senate to the bill, entitled an act amendatory to the laws now in force respecting roads. Ordered, That the clerk acquaint the Senate thereof. An engrossed bill, entitled an act to authorize David Dickenson, Reuben Hays & Wm. Hays, to emancipate certain negroes therein named; was read a third time and passed.

Ordered, That the title be as aforesaid.

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 Henry Hitchcock compensation for superintending the printing of the Digest and making an Index for the same; An act to declare Bassett's Creek in Clarke county, a public highway and for other purposes; An act to alter the time of holding courts in the 1st, 2d, 3d and 6th judicial circuits; An act to improve the navigation of the Coosa River, and to aid in its connexion with the Tennessee waters; An act in relation to the sixteenth sections; An act authorizing a lottery to aid in the improvement of the navigation of Indian Creek; Memorial of the General Assembly of the state of Alabama, to the Congress of the United States; Resolution authorizing the comptroller of public accounts to receive all moneys and notes arising from the rents of the reserved lands in the town of Cahawba.


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Engrossed bills, entitled an act making appropriation for the year 1824; and, An act making appropriations for certain claims against the state; were severally read a 3d time & passed. Ordered, that the titles be as aforesaid; and that the clerk inform the Senate thereof.

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

Mr. Speaker- The Senate have passed a bill, originating in your honorable body, entitled an act regulating the fees of justices and constables to which they have made sundry amendments and in which they desire your concurrence. And then he withdrew.

Bill, entitled an act concerning executions, and for other purposes, was then taken into consideration.

Mr. Jackson moved that the further consideration of said bill be postponed indefinitely; which was carried-Yeas 30, Nays 14.

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

Mr. Speaker

Dennis

Hallett

McLemore

Perkins

Adair

Fields

Harrison

Moore of Mar.

Salter

Beck

Fitts

Haines

Mardis

Sims

Brown

Fluker

Jackson

Phillips

Shotwell

Crenshaw

Fleming

Jones

Philpott

Tindall

Creagh

Goodhue

Lister

Pickett

Weissinger-30

Those who voted in the negative are:

Mr. Barclay

McVay

Manly

Peyton

Smith

King

Moore, of Mad

Martin

Sargent

Whitaker-14

Lanier

Moore, of J.

Powell

Skinner

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

Mr. Speaker:- The Senate insist on their amendment to the bill, entitled an act amendatory of the laws now in force in this state respecting roads. The reason why they insist on their amendment is, that a law has already passed during the present session embracing the provisions contained in said second section of the bill: And then he withdrew.

Mr. Adair moved, that the bill, entitled an act regulating the fees of justices and constables, with the amendments made thereto by the Senate, be laid on the table till the 15th day of January next; which was lost. Yeas 22. Nays 25.

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

Mr. Speaker

Creagh

Hill, of Bibb

Mardis

Sims

Adair

Dennis

Harrison

McLaughlin

Weissinger-22

Beck

Fields

Lister

Phillips

Brown

Fluker

McLemore

Pickett
 

Crenshaw

Hallett

Moore, of Mar.

Salter
 

Those who voted in the negative, are:

Mr. Barclay

Jones

Moore, of J.

Philpott

Sargent

Fitts

King

Mead

Powell

Skinner

Goodhue

Lanier

Manly

Peyton

Smith

Haines

McVay

Martin

Perkins

Tindall

Jackson

Moore of Mad.

Miller

Shotwell

Whitaker-25

The house adj'd till 10 o'clock tomorrow.