Friday, December 5.

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

Mr. Speaker:-- The Senate have passed bills of the following titles, to-wit:

An act to repeal in part, and to amend the act to establish a bank in the town of Mobile, passed 20th November 1818;

An act to regulate escheats in this state, and to appoint escheators.

An act authorizing Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named;

"An act to provide for taking the census;"

"An act amendatory to an act, entitled an act to provide for the printing of the laws and journals, and for other purposes passed Dec. 25, 1822."

"An act establishing a certain county therein named;"

"An act to repeal so much of an act passed on the 15th days of Dec. 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States;" and, a resolution requiring the chairman of the committee on enrolled bills, to preserve the engrossed copies of all acts, and joint resolutions, and file them with the secretary of state; all of which originated in their House; and in which they desire your concurrence. And then he withdrew.

The Speaker laid before the House a communication and report made by the treasurer in pursuance of a resolution of this House; which communications is in the following words:

TREASURER'S OFFICE

December 5, 1823

SIR- In obedience to the resolution of the House of Representatives of the first instant requesting the treasurer to make out and furnish to this House a report showing the total amount of money which has been paid into the treasury on account of sales by the state, of lots in the town of Cahawba, and the amount of money directed by law to be paid out of the proceeds of said sales, on account of the building of the state house, or for any other purpose; also, the total amount of money paid into the treasury, on account of the rents of the University lands; and the amount of money paid out of the fund last mentioned to compensate the trustees of the University, or for any other purpose in relation to said fund; the amount of money paid out of the treasury in pursuance of law, which is to be refunded to the treasury out of the three per cent. fund, when received by the state; and the whole amount of treasury notes yet in circulation.

I have the honor to submit herewith a report containing all the information required by said resolution.

Respectfully, JOHN C. PERRY, Treasurer.

The Hon. W. I. Adair, speaker of the House of Representatives.

Ordered, That said communication and report be referred to a select committee, consisting of Messrs. Jackson, Tindall, Philpott, Fitts and Phillips.

Mr. Brown presented the petition of sundry citizens of St. Clair praying that a part of said county may be added to Jefferson; which was received and referred to the committee on county boundaries.

Mr. Beck presented the petition of sundry inhabitants of Wilcox county, praying that one of the two roads leading from Cahawba to Canton may be discontinued.


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Mr. Beck presented a counter petition of sundry people on the same subject.

Mr. Fitts presented the petition of Benjamin Hatch, praying that the state road may be so altered as not to run through his plantation; which petitions were received and severally referred to the committee of roads, bridges, ferries &c.

Mr. Hill, of Bibb, presented the petition of Sally B. Stephens, praying authority to sell real estate; which was received and referred to a select committee, consisting of Messrs. Hill of Bibb, Dennis and Mardis.

Mr. Jackson presented the memorial of the merchants of Florence praying an alteration in the mode of taxing merchandize; which was received and referred to the committee of ways and means.

Mr. Hallett presented the memorial of merchants and others of Mobile, praying the passage of a law preventing sailors from deserting from merchant vessels; which was received and referred to the judiciary committee.

Mr. Mead, from the committee on roads, bridges, ferries &c. to whom was referred a resolution directing them to inquire into the expediency of appropriating the sum of to clean out that part of the stage road leading from Huntsville to Winchester, Reported that it is inexpedient: in which report the House concurred.

Mr. Mead, from the same committee, to whom was referred the petition of sundry citizens of Franklin, praying a part of the military road to be turnpiked, Reported, that the prayer of the petition is unreasonable, and ought not to be granted; in which report the House concurred.

Mr. Martin, from the select committee, to whom was referred a bill, to be entitled a resolution proposing certain amendments to the constitution, Reported said resolution with sundry amendments in which the House concurred. Ordered, That said resolution be read a second time to-morrow.

Mr. Martin, from the select committee, to whom was referred a bill, to be entitled "An act concerning executions, and for other purposes," Reported said bill, amended by striking out the enacting clause.

Mr. Martin moved that the House concur in said amendment; which was carried- yeas 34, nays 20.

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

Mr. Speaker

Fields

Harvey

Merriwether

Pickett

Ashley

Fitts

Hill of T.

McLemore

Salter

Beck

Fluker

Hill of Bibb

Moore of Mar.

Sims

Brown

Fleming

Harrison

Mardis

Shotwell

Crenshaw

Gayle

Jackson

Martin

Tindall

Dale

Goodhue

Lester

Phillips

Weissinger-34

Dennis

Hallett

McConnico

Philpott
 

Those who voted in the negative are:

Mr. Barclay

McVay

McLaughlin

Peyton

Smith

Jones

Moore, of Mad.

Manly

Perkins

Vining

King

Moore, of J.

Miller

Sargent

Whitaker

Lanier

Mead

Powell

Skinner

Young-29

Mr. Hallett from the select committee, to whom was referred the petition of sundry inhabitants of the county and city of Mobile, Reported a bill, to be entitled "An act allowing an additional salary to

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the judge of the county court of Mobile county;" which was read a first time, and ordered to be read the second time on to-morrow.

On motion of Mr. Mardis, Resolved, That the committee on roads, bridges, ferries, &c. be instructed to inquire into the expediency of so engaging the present route of the state roads, as to run from Daniel Neil's in Cahawba Valley north, and to cross the Cahawba River at or near Daniel Taylor's and intersect the road leading from the town of Tuskaloosa to Huntsville, at some convenient point on said road; and also to alter the present route of said road leading through the town of Montevallo (Wilson's Hill) north, so as to intersect the main street of said town, with leave to report by bill or otherwise.

Mr. Philpott, from the select committee, to whom was referred a bill, to be entitled "An act the better to provide for the families of insolvent debtors," Reported said bill with sundry amendments in which amendments the House concurred. Ordered, That said bill be engrossed and be read a third time to-morrow.

Mr. Mead obtained leave to introduce a bill, to be entitled "an act to extend the jurisdiction of Blount county."

Mr. King obtained leave to introduce a bill, to be entitled "an act to revive in part, and amend an act to regulate the proceedings in courts of law and equity in this state;" which bills were severally read a first time, and ordered the first to be read a second time on to-morrow and the second on Monday next.

On motion of Mr. Vining the House resolved itself into a committee of the whole House, on the bill to be entitled "An act for the relief of the people of the State of Alabama," and after some time spent in the consideration thereof, the committee rose, and Mr. Vining reported that said committee had had the same under consideration- had made some progress therein; and asked leave to sit again, which leave was granted.

Mr. Philpott obtained leave to introduce a bill, to be entitled, "An act to amend an act, entitled an act to establish a public road from Ditto's Landing to Marston Mead's" which was read a first time, and ordered to be read a second time to-morrow.

The House then proceeded to the orders of the day.

A bill, to be entitled "An act authorizing the county court of Limestone county to make certain allowances therein named," was read a second time, and ordered to be engrossed for a third reading on Monday next.

A bill, to be entitled "An act to reduce the expenses of the General Assembly of this state" was read a second time, and referred to the committee of ways and means.

A bill from the Senate, entitled "An act supplementary to an act, entitled "An act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained, passed December 27, 1822," was read a second time, and ordered to be read a third time.

Bills & a resolution from the Senate, of the following titles, to wit:" Resolution requiring the chairman of the committee on enrolled bills, to preserve the engrossed copies of all acts and joint resolutions, and file them with the secretary of state;"

"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;"


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"An act establishing a certain county therein named;" An act amendatory to an act, entitled "An act to provide for the printing of the laws and journals, and for other purposes, passed December 25, 1822;"

"An act to provide for taking the census;"

"An act to repeal in part, and amend the act to establish a bank in the town of Mobile, passed the 20th November, in the year 1818;"

"An act authorizing Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named;" and

"An act to regulate escheats in this state, and to appoint escheators;" were severally read a first time & ordered to be read a second time.

A bill from the Senate, entitled "An act for the relief of Martin Hogan," was read a second time.

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

Yeas 22.     Nays 31.

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

Mr. Speaker

Hill of T.

McConnico

McLaughlin

Smith

Ashley

Hill of B.

McLemore

Manly

Tindall-22

Beck

Harrison

McVay

Miller

Fitts

Jackson

Mead

Perkins
 

Goodhue

Jones

Moore of Mar.

Salter
 

Those who voted in the negative, are:

Mr. Brown

Gayle

Merriwether

Philpott

Sargent

Barclay

Hallett

Moore of J.

Powell

Skinner

Crenshaw

Harvey

Mardis

Peyton

Vining

Dennis

King

Martin

Pickett

Whitaker

Fields

Lanier

Oliver

Sims

Weissenger

Fluker

Lister

Phillips

Shotwell

Young-31
   Fleming        

Ordered, That said bill be read a third time.

Bill from the Senate, entitled "An act to amend an act, entitled an act to incorporate the Huntsville Fire Engine Company, passed December 10, 1822," was read a second time.

Mr. Fleming moved to amend said bill by striking out the word "thirty-six" and inserting in lieu thereof, the word "fifty;" which was adopted.

Mr. Perkins moved to amend said bill by the following proviso Provided, That the commandment thereof shall make returns of the strength of his company, in the same manner that is prescribed by law for the captains of militia companies;" which was adopted.

Ordered, That said bill be read a third time.

Ordered, That Mr. McLemore have leave of absence till Wednesday.

Ordered, That Messrs. Harrison and Shotwell be added to the committee on county boundaries.

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