Wednesday December 1.

On motion of Mr. Mead, Resolved, this being the day set a part by the constitution of the United States, for the electors for President and Vice President of the United States, and William Fleming having been elected to that important trust: Be it therefore resolved, that William Fleming have leave of absence for the present day; and that the same be entered upon the journals of this House.

Mr. Cook presented the petition of Samuel Gates, praying that he may be authorised to establish a toll bridge over Conecuh River, which was referred to the committee on roads, bridges and ferries.

On motion of Mr. Watson, Resolved, that the committee on county boundaries, be instructed to inquire into the expediency of adding that part of Montgomery county, lying south and cast of the road leading from Fort Decatur to Fort Crawford, to the county of Pike, and that they report by bill or otherwise.

Mr. Farrar from the select committee to whom was referred so much of the Governor's communication as refers to Major General LAFAYETTE, Reported joint resolutions concerning LaFayette, which were read a first time, and ordered to be read a second time tomorrow.

Mr. Byler from the select committee to whom was referred a bill to be entitled, an act to incorporate the town of Florence,  Reported the same with amendments, in which the House concurred.  Ordered that said bill lie on the table.

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, The Senate have passed bills, which originated in your honorable body, entitled, an act to authorise M. A. Kennedy, to emancipate a certain slave therein named; An act to repeal part of an act therein mentioned, requiring the plea of set-off, or notice thereof, in certain cases; An act amendatory of an act regulating escheats in this state; and to appoint escheators and for other purposes: They have also read three times and passed bills, which originated in their house entitled, an act to provide for the payment of jurors in the counties of Blount and St. Clair; An act requiring plaintiffs to give security for the costs of suit in all actions sounding in damages, which may not hereafter commenced; in which they desire your concurence.


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On motion of Mr. Martin, Resolved unanimously that the House of Representatives entertain the highest regard and esteem for the official conduct of Col. JAMES J. PLEASANTS, late secretary of state while acting in that capacity. Resolved further, that the Speaker of the House of Representatives cause to be communicated to the said Col. J. J. PLEASANTS, the manner in which his official services are appreciated by this body.

On motion of Mr. Byler, Resolved, that no new business of a local nature, be received in this House, after Thursday next.  Ordered, that said resolution lie on the table. Mr. Creagh from the judiciary committee to whom was referred a bill, to be entitled an act to authorize and empower the school commissioners of the 16th section in township 4, range 7; in the district of lands sold at Huntsville to lease a part thereof for the purpose of having a mill erected thereon; Reported said bill without amendment, in which report the House concurred.

Mr. Creagh from the same committee to whom was referred a bill to be entitled an act regulating the proceedings on penal bonds, reported said bill with amendments in which the House concurred.

Mr. Creagh from the same committee to whom was referred a bill, to be entitled an act amendatory to an act, concerning divorce, passed Dec. 21st, 1820; reported said bill with amendments.  Ordered, that said report lie on the table.

Mr. Creagh from the same committee to whom was referred a entitled an act supplementary to, and amendatory of the laws relating to executors and administrators, and for other purposes.  Ordered, that said bill be read a first time, and ordered to be read a second time tomorrow.

Mr. Creagh from same committee to whom was referred so much of the Governor's message as relates to sheriffs holding over the time for which they are, &c.; reported a bill to be entitled an act more effectually to secure holding election of sheriffs, and for other purposes.

Mr. Creagh from the same committee, reported a bill, to be entitled an act exempting persons of a certain description from taxation;

which was read a first time, and ordered to be read a second time tomorrow.

Mr. Creagh from the same committee to whom was referred a resolution &c., report that said committee beg to be discharged from the further consideration thereof; and said committee were accordingly discharged.

Mr. Parham from the select committee to whom was referred a resolution, authorising the Governor to issue arms to a volunteer company therein named, reported said resolution with amendments in which the House concurred.

Bills from the Senate, entitled an act requiring plaintiffs to give security for the costs of suit in all actions sounding in damages, which may be hereafter commenced; was read a first time and ordered, that said bill be read a second time tomorrow.

An act to provide for the payment of jurors in the counties of Blount and St. Clair; was read a first time, and ordered to be read a second time tomorrow.

On motion of Mr. Moore of Mon. Resolved, that the committee on schools, colleges and universities and school and university lands, be


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instructed to inquire into the expediency of reducing the minimum price, so far as it relates to the rent of university lands.

Mr. Barton obtained leave to introduce a bill, to be entitled an act concerning roads, highways and bridges, in the county of Mobile; which was read a first time, and referred to the committee on roads, bridges, &c.

Mr. Mardis from the select committee to whom was referred a bill, to be entitled an act appointing agents; and for other purposes, reported said bill with amendments, in which the House concurred.  Said bill was read a second time, and ordered to be engrossed for a third reading tomorrow.

A bill to be entitled an act divorcing William Bryant from Rhody Bryant; was read a second time, and ordered to be engrossed for a third reading tomorrow.

Engrossed bill, to be entitled an act to regulate the mode of taxing costs on appeals taken from the decision of justices' courts, in this state, was read a third time and laid on the table.

On motion of Mr. Mead, Resolved, that the committee of ways and means, be instructed to inquire into the expediency of making an appropriation for paying the sheriffs, for making returns of the vote for electors of President and Vice President, with leave to report by bill or otherwise.

An engrossed bill, to be entitled an act to regulate the mode of taxing costs, on appeals taken from the decision of justices' courts, in this state; was read a third time:  Ordered, that said bill lie on the table.

On motion of Mr. Pickens of D., Resolved, that the judiciary committee be instructed to inquire into the expediency of revising the fees of the solicitors of this state, and of increasing the salary of the attorney general; and also into the expediency of so amending the criminal laws of this state, as to allow in all criminal cases a right of challenging on the part of the state, equal to that enjoyed by defendants which was rejected.

An engrossed bill to be entitled an act to provide for the payment of jurors in the counties of Blount, and St. Clair; was read a first time, and ordered to be read a second time tomorrow.

A joint resolution, authorising and requiring the Governor to issue arms to volunteer companies of infantry therein named; was read a 2d time, and ordered to be engrossed for a third reading tomorrow.

A joint resolution, authorising the comptroller to issue his warrant in favor of Edward Herndon, for services as assistant adjutant general; was read a second time and ordered to be engrossed for a third reading tomorrow.

A bill to be entitled an act to repeal in part and amend an act, passed December 17th, 1823, authorising Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named; was read a 2d time, and ordered to be engrossed for a third reading tomorrow.

A bill to be entitled an act to amend the laws now in force in this state for the punishment of the crime of horse stealing was read a second time. Mr. Moore of Mon., moved, that said bill be indefinitely postponed, which was lost. Yeas 21, Nays 32.


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

Mr. Baylor

Dickinson

Mardis

Morton

Pickens of G.

Moore of Mo.

      Cook

Edmondson

McCord

Oliver

Rather

Pickens of D

      Crenshaw

Exum

Merriwether

Perkins

Ruffin

White-21

      Dale

Jones

Shackleford

Those who voted in the negative are,

Mr. Speaker

Cunningham

Lanier

Moore of J.

Vining

      Abercrombie

Dinsmore

Martin

Parham

Watson

      Barton

Farrar

McVay

Peyton

Weissinger

      Baxter

Fluker

Mead

Pickett

Worthington-32

      Byler

Gaines

Metcalf

Shotwell

      Camp

Green

Miller

Skinner

      Coleman

Hill

Moore of Ma.

Tindall

Ordered, That said bill be engrossed for a 3d reading tomorrow

A bill to be entitled an act extending the privileges of judges of the county courts in certain cases, was read a second time, and referred to the select committee, to whom was referred heretofore, a bill of like import.

Mr. Peyton obtained leave to introduce a bill, to be entitled an act to repeal in part an act, entitled an act to establish certain counties therein named, and for other purposes, passed December 17th, 1821; which was read a first time, and ordered to be read a second time tomorrow.

Mr. Shackleford obtained leave to introduce a bill, to be entitled an act to alter the times of holding the circuit courts in the second judicial circuit; which was read a first time, and ordered to be read a second time tomorrow.

On motion of Mr. Morton, Resolved that the committee on ways and means be instructed to inquire into the expediency of establishing a penitentiary in this state, which was rejected. Yeas 21, Nays 32.

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

Mr. Barton

Cunningham

Lanier

Mead

Peyton

      Baylor

Dinsmore

Martin

Moore of J.

Rather

      Baxter

Edmondson

McVay

Morton

Skinner

      Byler   Camp

Exum

McCord

Parham

White - 21.

Those who voted in the negative, are,

Mr. Speaker

Dickinson

Mardis

Pickens of D.

Vining

      Abercrombie

Farrar

Merriwether

Pickens of G.

Watson

      Coleman

Fluker

Metcalf

Pickett

Weissinger

      Cook

Gaines

Moore of Ma.

Ruffin

Worthington-32

      Creagh

Green

Moore of Mo.

Shackleford

      Crenshaw

Hill

Oliver

Shotwell

      Dale

Jones

Perkins

Tindall

An engrossed bill from the Senate, entitled an act to establish a county therein named, and for other purposes; was read a second time and referred to the select committee, to whom was referred a bill to be entitled an act to alter and establish the boundary lines between certain counties therein named.

Mr. Martin obtained leave to introduce a bill, to be entitled an act regulating appeals in criminal cases; which was read a first time and ordered to be read a second time tomorrow.

Mr. Dinsmoor obtained leave to introduce a bill to be entitled an act to incorporate the minette bridge company; which was read a first time.  Ordered, that said bill, be referred to the committee on roads bridges and ferries.


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Mr. Pickens of Greene, obtained leave to introduce a bill, to be entitled an act more effectually to secure the holding the elections of sheriff, and for other purposes; which was read a first time and ordered to be read a second time tomorrow.

Ordered, that Mr. Shotwell be added to the select committee on the petition from St. Clair county.

Engrossed bills, of the following titles, to wit: An act to provide for the raising of a fund for the support of an academy and a hospital in the county of Baldwin; An act to regulate the sale of slaves by constables; An act providing for the further distribution of the statute laws of the state of Alabama; An act for improving the navigation of the port and harbor of Mobile, were severally read a 3d time and passed. Ordered, that the titles be as aforesaid. Ordered, that the clerk acquaint the Senate therewith.

A bill to be entitled, an act to authorise and empower the school commissioners of the 16th section, 4th township and 7th range, in the district of lands sold at Huntsville, to lease a small part thereof, for the purpose of having a mill erected thereon, was read a 2d time; ordered that the same be engrossed for a 3d reading tomorrow.