Saturday, November 29.

Mr. Phillips presented the petition of sundry inhabitants of Dallas county, praying for relief to the purchasers of lots in the town of Cahawba; which was received, and ordered to lie on the table. Mr. Hallett presented the petition of the harbor master of the port of Mobile, praying alteration of the law in relation to that port; which was received, and referred to a select committee, consisting of Messrs. Hallett, Crenshaw, Salter, Ashley, and Hill of T.

Mr. Hallett presented the petition of Timothy Merrick, praying the allowance of an account accompanying said petition; which was received and referred, together with said account, to the committee of accounts.


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Mr. Hill, of Bibb, from the select committee, to whom was referred the petition of Cynthia Johnson, reported, a bill to be entitled an act for the relief of Cynthia Johnston; which was read a first time, and ordered to be read a second time to-morrow.

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

Mr. Speaker:-- The Senate have adopted the following resolution, in which they desire your concurrence:

Resolved, That a committee be appointed on the part of the Senate, to act with such committee as may be appointed on the part of the House of Representative, in order to obtain the opinion of the General Assembly, whether it will be necessary for the General Assembly under the provisions of the constitution to elect solicitors who were appointed to fill vacancies at the last session; and whether the solicitors elected to fill vacancies shall hold their officers for the term of four years from the date of their elections respectively.

In which resolution the House concurred. They have appointed on their part, Messrs. Sullivan, Hopkins and Bibb.

They have also read a third time and passed, a bill entitled "an act refunding Benjamin Sherrod taxes improperly paid;" which originated in this House, and then he withdrew: Ordered, That Messrs. Gayle, Crenshaw, Moore of J., Mardis and Oliver be appointed a committee on the part of this House in pursuance of the above resolution from the Senate.

Mr. Mead, from the committee on Roads, Bridges and Ferries to whom was referred a resolution directing them to inquire into the expediency of so amending the law as to exonerate all persons from working on roads by paying a fair compensation in money: Reported, That they deem it inexpedient to pass any law on the subject.

Ordered, That the House concur in said report.

Mr. Fluker obtained leave to introduce a bill to be entitled "an act to appoint commissioners for the counties of Perry and Marengo, to sell and convey town lots at the towns of Marion and Linden, the seats of justice thereof, and to erect public buildings in the same;" which was read a first time, and ordered to be read a second time on Tuesday next.

On motion of Mr. Powell, Resolved, That the judiciary committee be instructed to inquire into the expediency of altering the county court system, with leave to report by bill, otherwise.

Mr. Harvey obtained leave to introduce a bill, to be entitled "an act to establish the seat of justice, in the county of Pike, and for other purposes;" which was read a first time, and ordered to be read a 2d time on Monday next.

Mr. Barclay introduce a joint resolution proposing amendments to the constitution; which was read a first time, and ordered to be read a second time on Monday next.

Mr. Phillips, from the select committee, to whom was referred a bill, to be entitled "An act to provide for the emancipation of slaves;" reported the same time without amendment.

Mr. Gayle, from the committee of ways and means, to whom was referred a resolution instructing them to inquire what alterations are necessary to be made respecting the compensation now allowed for collecting the county tax; Reported, That the committee ask to

6


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be discharged from the further consideration of said resolution, as there is a bill before the House, embracing that subject.

Ordered, That the said committee be discharged from the further consideration of said resolution.

Mr. Gayle, from the select committee, in whom was referred that remonstrance of Thomas Caldwell, praying that Jeremiah Vestall, a justice of Blount county may be impeached; Reported, That the special committee to whom was referred the remonstrance of Thomas Caldwell, charging, Jeremiah Vestall, a justice of the peace, for the county of Blount, with official corruption and requesting the impeachment of the said justice, have had the same under consideration, and have instructed me to report, that, from the evidence which has been produced before your committee, it appears that the said justice, issued a warrant against the said Caldwell on a charge of Larceny, who escaped from the custody of the officer, who had him in charge; that the said justice afterwards issued an execution against the said Caldwell for an amount about sixty dollars; that the said justice accompanied the constable, in whose hands the execution was placed, and under colour of the same, collected cattle whose value was considerably greater that the amount of the said execution; that the said justice caused a horses of the said Caldwell also to be levied on, of the value of thirty dollars; that the said cattle remained for some time in the possession of the said justice, and were used for his own private benefit; that the said justice was apprized, that he was acting in violation of the laws, which he had sworn impartially to administer, and expressed his determination regardless of law to pursue his own course.

Your committee further state, that the good order of society, and the protection of all the rights of our citizens, depend entirely on the due and correct administration of justice, and the impartial execution of our laws; that if the streams of justice are not kept pure, and are not permitted to flow, untinctured by the correction of those who are entrusted with the administration of our laws, you statue book will be an engine of oppression; and our citizens will be unsafe, and insecure in their persons and their property.

Your committee are therefore of opinion, that the said justice ought to be impeached, in the manner prescribed by the constitution.

JOHN GAYLE, Chairman.

Ordered, That the House concur in said report.

On motion of Mr. Moore, of Jackson, Resolved, That the committee on roads, bridges, ferries, &c, be instructed to inquire into the expediency of appropriating the sum of to clean out that part of the stage road leading from Huntsville to Winchester, that lies between the line of Madison county and the Tennessee state line.

On motion of Mr. McVay, Resolved, That the military committee be instructed to inquire into the propriety of amending the patrol law, with leave to report by bill or otherwise.

Ordered, That Messrs. Young and Martin be added to the military committee.

A bill, to be entitled "An act to provide for the emancipation of sales." was reported by Mr. Phillips of the select committee without amendment, Ordered, That said bill be engrossed for a third reading on Tuesday next.

The House then took into consideration a bill, to be entitled "an act to legalize the registering and recording of certain deeds or con-


43

veyances of land in this state, and for other purposes. Ordered, That said bill be referred to a select committee, consisting of Messrs. Jackson, Vining Mardis.

Mr. Hill, of Bibb, presented the petition of Abijah Yager, and other of Bibb county, praying to be reimbursed taxes improperly paid; which was received and referred to the committee of accounts.

A bill, to be entitled "An act supplemental to the laws respecting garnishment," was read a second time, and ordered to be engrossed for a third reading on Tuesday next.

A bill to be entitled "An act concerning estrays," was read a 2d time, and referred to a select committee, consisting of Messrs. Phillips, Jones, Moore of Marion, Barclay and Hill of Tuskaloosa. A bill, to be entitled "An act to increase the compensation of jurors in the county of Autauga;" was read a second time and referred to a select committee, consisting of Messrs. Phillips, Ashley and Pickett.

Ordered, That a bill, to be entitled "An act to amend the laws now in force concerning writs of certiorari," be engrossed for a third reading on Monday next.

A bill, to be entitled "An act regulating appeals in criminal cases," was read a second time, and referred to a select committee, consisting of Messrs. Gayle, Jackson, Oliver, Miller and Mardis.

Engrossed bills of the following titles.

An act to provide for contesting the elections of justices of the peace and constables; and an act to alter the name of, and legitimate a certain person therein named; and an act explanatory of the several acts now in force in this state to suppress duelling; were severally read a third time and passed.

Ordered, That their titles be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

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

An act declaring Cotaco in Morgan county, a public highway.

An act restricting the recovery of claims against the counties respectively, in certain cases;

An act to amend an act entitled an act to establish a public road from the house of John Gandie in Morgan county, to Baltimore or Morgan's Springs in Blount county, passed December 23, 1822; were severally read a third time and passed. Ordered, That the clerk acquaint the Senate therewith.

A resolution from the Senate, extending the time of payment of lots in the town of Cahawba; was read a second time and amended.

Ordered, That the rule which requires that bills and joint resolutions be read on three several days, be suspended.

The said bill was then read a third time and passed. Ordered, That the clerk acquaint the Senate therewith.

A bill from the Senate, entitled an act to alter the time of holding the general elections in this state; was read a second time.

Mr. Gayle moved to amend said bill by striking therefrom the word "third" where it occurs in these words "that from and after the passage of this act, the general elections in this state shall be held on the third Monday in June," for the purpose of inserting the word "first," which was carried.

Mr. Perkins moved to strike out the word "June" in said bill for


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the purpose of inserting "August" so as to make the elections to be holden on the first Monday in that month, which was lost- yeas 22, nays 33.

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

Mr. Barclay

Hill, of Bibb

Moore, of Mar.

Perkins
          Smith

Dennis

King

Manly

Sims

Tindall

Fields

Moore, of J.

Powell

Shotwell

Vining

Harvey

Moore, of Mad.

Peyton

Skinner

Whitaker-22.

Hill, of T.

McVay
     

Those who voted in the negative, are,

Mr. Speaker

Fitts

Jackson

Mead

Philpott

Ashley

Fluker

Jones

McLaughlin

Pickett

Beck

Fleming

Lanier

Martin

Salter

Brown

Gayle

McConnico

Miller

Sargent

Crenshaw

Goodhue

Merriwether

Oliver

Weissinger

Creagh

Hallett

McLemore

Phillips

Young-33

Dale

Harrison

Mardis
   

Mr. Field moved to amend said bill by striking out the word "June" and inserting the word "October," which was lost.

Mr. Moore, of Jackson, moved the following amendment.

"And be it further enacted, that nothing contained in this act shall have the effect to alter the time of holding elections in the counties of Jackson, Decatur, Madison and Tuskaloosa."

Mr. Fleming moved to amend said amendment by striking out the word "Madison," which was carried.

And then the House adjourned till Monday morning 10 o'clock.