Monday, December 8.

Ordered, That Mr. Pickett have leave of absence till to-morrow morning, 10 o'clock.

Mr. Samuel Haines, a member from Baldwin, appeared, was qualified and took his seat.


63

Mr. Fleming presented the petition of sundry persons, praying that Rhoda Horton and associates may be allowed to turnpike a part of the road leading from Ditto's Landing to Huntsville.

Mr. Fluker presented the petition of sundry inhabitants of Marengo, praying that new commissioners may be appointed to lay out a part of the state road different from the route in which the former commissioners laid it out.

Mr. Gayle presented the petition of the intendant and council of the town of Claiborne, and other citizens of said town, praying that a part of the county tax may be appropriated in every county to the maintenance of the poor in each county.

Mr. Martin presented the petition of James Inglis, an alien, praying to be naturalized:

All of which petitions were severally read and referred, the two former to the committee on road, bridges, ferries, &c. and the two latter to the committee on propositions and grievances.

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

Mr. Speaker- The Senate concur in the resolution of your House, appointing a joint committee to draw up a report and memorial, praying the Congress of the United State to establish one of the district court of this state in the northern part of this state, and have appointed on their part, Messrs. Hopkins, Moore and Murphy.

They concur in the amendments made by your House, to the bill entitled "An act declaring Cotaco, in Morgan county, a public highway:" and also to the bill, entitled.

"An act to incorporate the Huntsville Fire Engine Company, passed December 10, 1822"

They have passed a bill, originating in their House, entitled "An act to amend the several act for the settlement and relief of the poor:" in which they desire you concurrence.

They have also passed bills originating in you House, of the following titles, to wit:

An act for the relief of Cynthia Johnson;

An act to appoint commissioners for the counties of Perry and Marengo, to sell and convey lots at the towns of Marion and Linden, the seats of justice thereof, and to erect public buildings in the same.

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

An act to establish the seat in the county of Shelby;

An act to provide for contesting the elections of justices of the peace and constables; which they have amended.

An act to change the time of holding the county courts of Bibb county; which they have amended; In all of which amendments, they desire your concurrence.

Ordered, That the House concur in the amendments made by the Senate to the two last mentioned bills.

Mr. Whitaker obtained leave to introduce a bill, to be entitled, An act concerning executions and for other purposes; which was read the first time, and ordered to be read the second time on to-morrow.

Mr. Mardis presented the accounts of sundry people which were received, and referred to the committee on accounts.

Mr. Fitts, from the committee on enrolled bills, Reported, That


64

said committee had examined and found correctly enrolled bill of the following titles, to wit:

An act respecting bail in civil cases;

An act refunding Benjamin Sherrod taxes improperly paid;

An act concerning writs of certiorari,

An act to alter the name of, and legitimate a certain person therein named;

An act to legalize registering and recording certain deeds, or conveyance of land in this state; and for other purposes.

Mr. Mardis offered the following resolution:

Resolved, That with the concurrence of the Senate, the members of both branches will assembly in the Representative chamber, on Friday next at the house of 6 o'clock, P. M. for the purpose of selecting a site for the State University.

On motion of Mr. Perkins, Ordered, That said resolution lie on the table.

Mr. Creagh, from the select committee, to whom was referred a bill, to be entitled, an act divorcing certain persons therein named: Reported, sundry new bills, to wit:

An act to divorce Samuel Payne from his wife Elizabeth Payne;

An act to divorce certain persons therein named;

An act to divorce Dorcas Walker from her husband Noah Walker;

An act to divorce certain persons therein named;

An act to divorce Mary H. Judge from her husband William Judge;

An act to divorce certain persons therein named; and An act to divorce Margaret Toney from her husband Charles Toney; all of which were severally read a first time, and ordered to be read a second time on to-morrow.

Preamble and resolutions recommending Gen. Andrew Jackson as a suitable candidate for President of the United State; were read a second time, and referred to a select committee, consisting of Messrs, Jackson, Pickett and Fleming.

A bill to be entitled "An act to authorize Sally B. Steven, administratrix of Henry W. Stevens, deceased, to sell real estate;" was read a second time, and laid on the table.

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

Mr. Speaker:-- The Senate have read a third time and passed, bills, which originated in your honorable body, of the following titles to wit: "An act to alter and amend the existing laws concerning strays;" "An act supplementary to the laws respecting garnishment;" and, "An act to amend an act entitled an act for the government of the port and harbor of Mobile, passed 23d December 1822;" the two latter of which they have amended, and in which amendments, they desire the concurrence of your honorable body; and then the withdrew.

Ordered, That the House concur in said amendments.

Ordered, That the Senate be informed thereof by the clerk.

A communication was received from the Governor by J. J. Pleasants, esq. secretary of state, which was read, as follows:

EXECUTIVE DEPARTMENT, December 8th, 1823.

Gentlemen of the Senate, and of the house of Representatives,

I have received the resignation of Andrew M. Lusk, judge of the coun-


65

ty court of Bibb county. A vacancy in the office of judge of the county court of Perry county, occasioned by the resignation of Charles J. Shackleford, has been filled in the recess of the legislature, by the appointment of George C. King, whose term will expire at the end of our present session. I have also received the resignation of John McKinley, as one of the trustees of the University of Alabama.

ISRAEL PICKENS.

Engrossed bill, of the following titles, to wit: "An act to amend an act, entitled an act to establish a public road from Ditto's landing to Marston Mead's;" An act to authorize the county court of Limestone county, to make certain allowances therein named;" 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 extend the jurisdiction of Blount county;' was read a third time, and ordered to lie on the table.

A bill from the Senate, entitled "An act more effectually to ensure the testimony of absent witnesses by interrogatories;" was read a second time.

Mr. Gayle moved, that the further consideration of said bill be indefinitely postponed; which was carried. Yeas 32. Nays 20.

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

Mr. Speaker

Fields

Hill of T.

Manly

Skinner

Ashley

Fitts

Harrison

Martin

Tindall

Beck

Fluker

Jones

Philpott

Vining

Barclay

Fleming

Lister

Powell

 Whitaker-32

Crenshaw

Gayle

McConnico

Perkins
 

 Creagh

 Goodhue
 Merriwether

 Sims
 

 Dennis

 Hill of B.

 Moore of Mar.

 Sargent.
 

Those who voted in the negative, are:

Mr. Brown

King

Moore of J.

Oliver

Shotwell

Hallett

Lanier

Mardis

Phillips

Smith

Haines

McVay

McLaughlin

Peyton

Weissinger

Jackson

Moore of Mad.

Miller

Salter

Young-20

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

An act to provide for selecting the site for the seat of justice in Decatur county; and,

An act to compel defendants to bills of injunction to vie bond and security before they shall have the benefit of executions on their judgments at law; were severally read a second time, and ordered to be read a third time to-morrow.

A bill from the Senate, entitled "An act prescribing the mode in which sheriffs who are delinquents in making returns of the Governor's election, shall be brought to justice;" was read a second time, and ordered to be on the table.

A bill, to be entitled "An act to decide contested elections for Governor, and for other purposes;" was read a second time, and referred to the judiciary committee.

A bill, to be entitled "An act allowing a salary to the judge of the county occur of Mobile county;" was read a second time, and referred to the same committee.

A bill, to be entitled "An act to revive in part and amend an act to regulate the proceedings in the courts of law and equity in this state;" was read a second time, and referred to a select committee, consisting of Messrs. King, Vining and Whitaker.

9


66

A bill, from the Senate, entitled "An act to repeal in part and amend the act to establish a bank in the town of Mobile, passed 20th day of November, 1818;" was read a third time.

Mr. Miller moved that the further consideration of said bill be indefinitely postponed; which was lost yeas 5, nays 45.

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

Mr. Goodhue

McVay

Moore, of Mar.

Miller

Peyton-5

Those who voted in the negative, are,

Mr. Speaker

Fluker

Jones

McLaughlin

Shotwell

Ashley

Fleming

King

Manly

Sargent

Beck

Gayle

Lister

Martin

Skinner

Brown

Hallett

Lanier

Phillips

Smith

Barclay

Haines

McConnico

Philpott

Tindall

Creagh

Hill, of T.

Merriwether

Powell

Vining

Dennis

Hill, of Bibb

Moore, of Mad.

Perkins

Whitaker

Fields

Harrison

Moore, of J.

Salter

Weissinger

Fitts

Jackson

Mardis

Sims

Young-45

The bill was then passed.

Ordered, That the titled be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

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

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

Resolution requiring the chairman of the committee on enrolled bill, to preserve the engrossed copies of all acts and joint resolutions, and file them with the secretary of state; were severally read a third time, and passed.

Ordered, That the titles be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Sims obtained leave to introduce a bill, to be entitled "an act to incorporate the town of Greensborough, in the county of Greene;" which was read a first time, and ordered to read a second time to-morrow.

A bill, to be entitled "An act to provide for the choosing electors of President and Vice President of the United States," was read a second time, and referred to a select committee, consisting of Messrs. Moore, of Jackson, Oliver, Haines, Jackson and Young.

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