Friday, November 21.

A message from the Senate, by Mr. Lyon, their secretary: Mr. Speaker The Senate have adopted the following resolution: "Resolved, That the House of Representatives be informed, that the Senate will convene in the hall of the House of Representatives, on Saturday next, at the hour of eleven o'clock, for the purpose of comparing the polls for the election of Governor of this state, and declare the result of the late election for Governor.

"They concur in the resolution of your honorable body, proposing to appoint a committee of five members on your part, to act with such committee as may be appointed on the part of the Senate to inquire into the expediency of so altering the Constitution of the state of Alabama, that the judges of the circuit and county courts may be elected for the term of years and have appointed on their part, Messrs. Murphy, Sullivan and McVay" And then he withdrew.

Samuel B. Moore, one of the members from Jackson and Decatur, appeared, was qualified and took his seat.

On motion of Mr. Gayle, Resolved, That the Senate be informed that on Saturday next, at 11 o'clock, this House will be ready to receive the Senate and proceed to count the votes for Governor.

Ordered, That the clerk carry said resolution to the Senate.

On motion of Mr. Pickett, Resolved, That the members of the House deliver to the committee of privileges and elections their respective credentials and that said committee report to the House as they may deem expedient.

Mr. Phillips from the committee of the whole House on the Governor's communication, reported the following resolutions, to wit:

1. Resolved, That, that part of the Governor's message which relates to the probate of wills, be referred to the judiciary committee.

2. Resolved, That so much of the said message as relates to the election of electors of President and Vice President of the United States, be referred to the committee to whom was referred a resolution of this House in relation to the appointment of electors of President and Vice President of the United States.


21

3. Resolved, That so much of said message as recommends simplifying the mode of noticing defects in pleading, and amending the same, be referred to the judiciary committee.

4. Resolved, That so much of the said message as relates to the sales of the sixteenth sections of land reserved for schools, be referred to the judiciary committee, with leave to report by bill or otherwise.

5. Resolved, That so much of said message as refers to a state bank as also that part which relates to the fiscal situation of the country, be referred to the committee on ways and means.

6. Resolved, That, that part of said message which relates to the University, be referred to the committee on schools, colleges and universities, and school and university funds.

7. Resolved, That so much of the said message as relates to the militia returns, and the safe keeping of public arms, be referred to the military committee.

8. Resolved, That so much of said message as relates to navigation be referred to the committee on inland navigation.

9. Resolved, That so much of the Governor's message as relates to the judicial department, and to the decision of the supreme court, be referred to the judiciary committee.

10. Resolved, That so much of said message as relates to the loan from Tombeckbe Bank, be referred to the committee of ways and means.

11. Resolved, That so much of said message as relates to roads, &c. be referred to the committee on roads, bridges, ferries &c.

12. Resolved, That so much of said message as relates to the introduction of slaves into this state, be referred to a select committee.

13. Resolved, That so much of said message as relates to the three per cent fund. be referred to the committee on ways and means.

14. Resolved, That so much of said messages as relates to the passage of some general law, relating to the incorporation of towns and societies, be referred to the judiciary committee.

15. Resolved, That so much of said message as relates to the appointment of an agent to take into possession slaves illegally introduced into this state, be referred to a select committee.

16. Resolved, That so much of said message as relates to the Digest, be referred to the judiciary committee.

17. Resolved, That so much of said messages as relates to the first judicial circuit, be referred to the judiciary committee.

18. Resolved, That so much of said message as relates to the ordnance department, be referred to the military committee.

Ordered, That the House concur in said report.

Agreeably to the 15th resolution, the speaker appointed a select committee, consisting of Messrs. Perkins, Jackson, Oliver, Creagh, and Moore of Jackson.

Agreeably to the 11th resolution, the speaker appointed a select committee consisting of Messrs. Gayle, Crenshaw, McLemore, Vining, and Skinner.

On motion of Mr. Mead, Resolved, That the judiciary committee be instructed to inquire into the expediency of making some legislative expression on the propriety or impropriety of justices of the peace demanding cost before appeals are granted, so as to make the practice of all justices of the peace throughout the state uniform.


22

Mr. Philpott offered the petition of Virginia Murray, praying the passage of a law, authorizing the sale of certain land therein named.

Mr. Powell presented the petition of Claiborne Wright, praying the passage of a law, authorizing him to clear out the Tennessee River between Milton's Bluff and the town of Florence, and to receive toll for navigating the same. Which petitions were read and severally referred the first to the committee on propositions and grievances, and the latter to the committee on inland navigation.

Mr. Jones presented the petition of Young A. Gray, praying the passage of law, authorizing the sale of certain lands belonging to his infant son, James B. Gray; which was read,and referred to the judiciary committee.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution of this House, instructing them to inquire into the expediency of authorizing justices of the peace, with the aid of a jury, to try causes of assault and battery Reported, that said committee have had the subject under consideration, and deem it inexpedient to extend the jurisdiction of justices' courts to the trial of causes of assault and battery. Ordered, That the House concur in said report.

Mr. Oliver, from the same committee to whom was refered a resolution of this House, instructing them to inquire whether any, and if any, what alterations are necessary to be made relative to the compensation of witnesses attending justices' courts in this state Reported, that said committee had had the same under consideration, and deem it inexpedient at this time to legislate on this subject. Ordered, That the House concur in said report.

Mr. King from the select committee to whom was referred the petition of William E. Dupree, reported a bill to be entitled "An act to authorize William E. Dupree and Jacob Johnston to emancipate certain slaves therein named; which was read a first time, and ordered to be read a second time on to-morrow.

Mr. Mead laid before the House in the remonstrance of Thomas Caldwell, complaining of malfeasance in office of Jeremiah Vestal, a justice of the peace of Blount county. Ordered, That said remonstrance be referred to a select committee: whereupon Messrs. Gayle, Oliver and Crenshaw, were appointed said committee.

On motion of Mr. Crenshaw, Resolved, That the committee on roads, bridges and ferries be directed to inquire whether that part of the present road law, which requires in all cases hands to be appointed to the nearest road to which they reside, does not require alteration or amendment, with leave to report by bill or otherwise.

A bill to be entitled "An act to vest in the judge of the county court and commissioners of roads and revenues for the county of Henry, a certain portion of land for county purposes," was read a second time. Ordered, That said bill be referred to the committee of propositions and grievances.

A bill to be entitled "An act for the relief of James Slaughter, tax collector of Limestone county in the year 1821," was read a second time, and referred to a select committee, consisting of Messrs. Weissinger, Martin and Oliver.

Mr. McVay offered the following resolution: "Resolved, That the committee on roads, bridges and ferries, &c. be instructed to inquire into the expediency and propriety of passing a law to permit all li-


23

censed ministers of the gospel to pass free of expense all ferries, turnpikes and toll bridges; and to make it the duty of all ferrymen, keepers of toll bridges and turnpikes, to put them over, or let them pass free or ferriage or toll, when they are on their way to or from places of public worship.

Mr. Crenshaw moved to amend said resolution by inserting after the words "ministers of the gospel," these words "and regular missionaries from religious societies" which amendment was adopted.

The resolution, as amended was then adopted.

A bill, to be entitled "An act to establish certain election precincts therein named, and for other purposes," was read a second time, and ordered to lie on the table.

Mr. Young obtained leave to introduce a bill, to be entitled "an act to exempt the citizens of Moulton and Courtland from working on public roads, not included within the limits of the corporation of said town" which was read a first time, and ordered to be read a second time on to-morrow.

Ordered, That Mr. Tindall be added to the committee to whom was referred the consideration of a resolution concerning the establishment of a medical board.

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

Ordered, That Mr. Moore of Jackson be added to the judiciary committee.

Ordered, That Messrs. Sims, Tindall and Hill of Tuscaloosa, be added to the committee on county boundaries.

Ordered, That Messrs. Hallett, McConnico and Oliver, be added to the committee of ways and means.

Ordered, That Mr. Jackson be added to the committee on inland navigation.

Ordered, That Mr. Jones be added to the committee on divorce and alimony.

Mr. Fitts obtained leave to introduce a bill, to be entitled "An act to alter the name of Green Hollinger to that of Green Mark Wood:" which was read a first time, and ordered to be read a second time on to-morrow. And then the House adjourned till to-morrow 10 o'clock.