Wednesday, November 26.

The Speaker presented the House the petition of sundry inhabitants of Madison county, praying an alteration in the law in relating to the 16th section in each township; which was read and referred to a select committee: Whereupon Messrs. Fleming, Jackson, Phillips, Tindall and Moore, of Madison, were appointed said committee.


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Mr. Weissinger presented the petition of sundry inhabitants of Perry county, praying the passage of a law, establishing a Medical Board which was read and referred to the select committee to whom was heretofore referred the consideration of a resolution on that subject.

Mr. Fleming presented the petition of James T. Stewart, a freeman of color, praying that a law may pass allowing him his oath in proving his accounts as free white people are: which was read and referred to the committee of propositions and grievances.

Mr. Speaker laid before the House the memorial of the president and directors of the Planters' and Merchants' Bank of Huntsville praying that, in consideration of their intention to resume the payment of specie on or before the 1st day of August next, all proceedings against said bank may be suspended; which memorial was read, and referred to a select committee, consisting of Messrs. Young, Fleming, Jackson, Oliver and Gayle.

The Speaker also laid before the House the memorial of the merchants of Huntsville and Triana, praying an alteration of the mode of taxing merchandize, so that the tax shall be laid on all invoices of goods of foreign growth and manufacture; which memorials were referred to the committee of ways and means. The Speaker also laid before the House the account of Silas Parsons, sheriff of Jackson county, which was received and referred to the committee on accounts.

Mr. Harvey presented the petition of sundry persons of Pike county, praying the passage of a law appointing commissioners to remove the seat of justice for said county, nearer the center of said county, which was read and referred to a select committee, consisting of Messrs. Harvey, Ashley and Fields.

Mr. Hill, of Bibb, presented the petition of Cynthia Johnston, praying the passage of a law authorizing her to hold property free from the control of her husband; which was read and referred to a select committee, consisting of Messrs. Hill of Bibb, Dennis and Mardis.

Mr. Mead laid before the House the remonstrance of Thomas Spraggins, complaining of Vestal Beeson for mal-practice in his office of justice of the peace for Blount County, and praying that he may be impleaded and removed from office: which was read and referred to the select committee, to whom was referred the remonstrance against Thomas Caldwell.

Mr. Mardis presented the petition of the administrators of Thomas McHenry, deed, praying authority to convey a title to certain lands sold by the intestate which was read and referred to the judiciary committee.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution instructing them to inquire into the expediency of so amending the existing laws of this state, as to require justices of the peace in each captain's company, to hold a monthly court at or near the centre of said company; and to make all process issued by them returnable to the same, Reported, that they had had the same under consideration, and asked to be discharged from the further consideration thereof, and inasmuch as it is embraced in a bill now in progress before this House. Ordered, that said committee be discharged from the further consideration of said resolution.

Mr. Oliver, from the same committee, to whom was referred a resolution, instructing them to take into consideration that part of the


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Governor's Message, which recommends the passage of some law prohibiting deputy clerks from discharging the duties of principal clerks, Reported, That they consider it inexpedient to alter the law on that subject. The House concurred in said report.

A bill, to be entitled "An act to amend the laws now in force concerning writs of certiorari," was read a second time, and referred to the judiciary committee.

On motion of Mr. Vining, Resolved, That the judiciary committee be instructed to inquire into the expediency of preventing securities from being sued on any specialty in writing alone, and before the principal is sued, where they both live in the same county; and where the principal is not out of the county on a journey.

Mr. Jones, from the joint committee, appointed to examine into the state of the arsenal and public arms. Reported, That said committee had performed that duty; and that they fine the arsenal dry and in good order; and there eleven stand of arms in tolerably good order, and there twenty-two stand very much damaged by rust. They recommend that the quarter-master-general be instructed to the them cleaned and to repair such as can be rendered serviceable; in which report the House concurred. Ordered, That the resolution, and report thereon, be referred to the military committee.

On motion of Mr. Manly, Resolved, That the military committee be instructed to inquire into the expediency of revising and amending the miliary laws now in force, with leave to report by bill or otherwise.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution instructing them to inquire into the expediency of repealing the law requiring endorsements on writs of the nature and cause of action at their commencement; and the law requiring a copy of the writ to be delivered to the defendant, Reported, that it is inexpedient to change and alter the law in the manner contemplated by the resolution.

Mr. Gayle, from the committee of ways and means, to whom was referred the petition of William R. Morrison, Reported, that the prayer of the petitioner is reasonable and ought to be granted; and that they recommend said petition to be referred to the committee of accounts; in which report the House concurred. Ordered, That said petition be referred to the committee of accounts.

Mr. Fitts, from the select committee, to whom was referred a resolution directing them to inquire into the expediency of establishing a Medical Board, reported a bill, to be entitled "An act to regulate the licensing of physicians to practice, and for other purposes which was read a first time, and ordered to be read a second time to-morrow.

Mr. Phillips, from the select committee, to whom was referred the consideration of 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 the 17th of December, 1821, Reported said bill with an amendment; in which amendment the House concurred. Ordered, That said bill lie on the table.

Mr. Merriwether, from the select committee, to whom was referred the petition of Thomas Wright, Reported a bill to be entitled

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"An act to authorize Thomas Wright to emancipate certain slaves therein named;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Beck, from the committee on inland navigation, to whom was referred the petition of Claiborne Wright, Reported, that the prayer of the petition is unreasonable, and ought not to be granted. In which report the House concurred.

Mr. Crenshaw laid before the House the annual report of the comptroller of public accounts, accompanied by the following communication:

COMPTROLLER'S OFFICE.

November 26, 1823.

SIR- I have the honor to transmit the enclosed as my annual report, on the finances of the state, for the year ending this date.

I am very respectfully, Sir, your most obedient servant.

SAMUEL PICKENS.

The HON. WILLIAM I. ADAIR,

Speaker of the House of Representatives.

Ordered, That said report be referred to the committee on accounts.

Ordered, That sixty copies thereof be printed for the use of this House.

Mr. Skinner obtained leave to introduce a bill, to be entitled "an act amendatory to the law now in force relative to the sale of real estate;" which was read a first time, and ordered to be read a 2d time on Monday next.

Mr. Moore, of Jackson, obtained leave to introduce a bill, to be entitled "An act concerning county court judges;" which was read a first time, and ordered to be referred to the judiciary committee.

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 house, entitled "An act for the relief of James Slaughter, tax collector of Limestone county, for the year 1821." And then he withdrew.

A bill, from the Senate, entitled an act declaring Cotaco, in Morgan county, a public highway, was read a second time.

Mr. Philpott moved to amend said bill by adding thereof another section; which was adopted. Ordered, that said bill be read a 3d time to-morrow.

A bill to be entitled "An act to provide for the contesting the elections of justices of the peace and constables," was read a second time, and amended. Ordered, That said bill be engrossed for a third reading to-morrow.

A bill, to be entitled "An act to alter the name of, and legitimate a certain person therein named; was read a second time, and ordered to be engrossed for a third reading to-morrow.

An engrossed bill, entitled "An act refunding Benjamin Sherrod taxes improperly paid;" was read a third time and passed. Ordered That the clerk acquaint the Senate therewith.

An engrossed bill, entitled "An act for the better securing crops while adhering to the freehold," was read a third time.

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


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An engrossed bill, entitled "an act respecting bail in civil cases," was read a third time, and the question being put, shall this bill pass? it was decided in the affirmative- yeas 37, nays 19.

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

Mr. Ashly

Fields

King

McLaughlin

Shotwell

Beck

Fitts

Lanier

Manly

Smith

Brown

Fluker

McConnico

Oliver

Whitaker

Barclay

Gayle

Merriwether

Phillips

Weissinger

Crenshaw

Hallett

McLemore

Powell

Young- 37

Creagh

Harvey

McVay

Peyton
 

Dale

Hill of T.

Moore of Mad.

Salter
 

Dennis

Harrison

Mead

Sims
 

Those who voted in the nagative, are:

Mr. Speaker

Hardwick

Mardis

Philpott

Skinner

Fleming

Jackson

Moore of Mar.

Pickett

Tindall

Goodhue

Jones

Martin

Perkins

Vining- 19

Hill, of B.

Moore of J.

Miller

Sargent
 

Ordered, That the clerk acquaint the Senate therewith.

Ordered, That Messrs. Fluker and Barclay, be added to other committee on divorce and alimony.

Ordered, That Messrs. Miller and Vining be added to the committee on roads, bridges, ferries &c.

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