Friday, December 10, 1824.

Mr. Crenshaw presented the petition of Wm. T. Ballard, which was read and referred to a select committee, consisting of Messrs. Moore of Mo. Tindall and Fluker.

Mr. Abercrombie presented the petition of John Martin, late sheriff of Montgomery county, which was read and referred to the committee of accounts.

Mr. Fleming from the committee on propositions and grievances, Reported a bill to be entitled, an act to incorporate the town of Whitesburg in Madison county, which was read the 1st time, and the rule requiring bills to be read on three several days being dispensed with, it was read a 2d time forthwith, and ordered to be engrossed, and made the order of the day for a 3d reading on tomorrow.

Mr. Creagh from the select committee to whom was referred a bill to be entitled, an act supplementary to, and amendatory of, the laws relating to executors and administrators and for other purposes, reported the same with sundry amendments, in which the House concurred. Ordered that he same be engrossed for a 3d reading on Monday next.

Mr. Crenshaw from the committee of ways and means, reported a bill to be entitled an act to alter and amend the law concerning retailers, which was read a first time, and ordered to be read a second time tomorrow.

Mr. Watson from the select committee, to whom was referred a bill to be entitled an act to establish a certain county therein named, and for other purposes, reported the same without amendment; which was read a second time, and ordered to be engrossed for a third reading tomorrow.

Mr. Crenshaw from the committee of ways and means to whom was referred a resolution, directing them to inquire into the expediency of allowing persons to pay the whole of their taxes in that county in which they reside, reported, that it is inexpedient to make an alteration in the law on that subject; which report was concurred in by the House.

Mr. Crenshaw from the committee on propositions and grievances, reported a bill to be entitled an act making an appropriation for Thomas Childress; which was read a first time, and ordered to be read a second time on tomorrow.

Mr. Crenshaw from the committee on propositions and grievances, to whom was referred the petition of sundry citizens of Dallas county; praying an alteration in the law regulating the mode of appointing tax collectors, county surveyors, coroners, and county treasurers, beg


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leave to be discharged from the further consideration for the same, inasmuch as the House had already acted on the subject matter contained in the prayer of said petition.

On motion, Ordered, that the committee be discharged from the further consideration of the same.

A message from the Senate by Mr. Lyon, their Secretary, Mr. Speaker: The Senate have read three times and passed bills which originated in their House of the following titles, to wit: An act to provide for the opening and keeping in repair a certain road therein described; An act to authorise executors, &c. to relinquish lands under the act of Congress of the 18th May, 1824; An act to declare Beaver Creek in Wilcox county, a public highway; and, An act to authorise the county treasurer of the county of St. Clair, to pay a certain sum of money therein named, to Arnold Thomson, and Austin Hood; in which they desire your concurrence.

They have also read a third time, and passed bills which originated in your honorable body of the following titles, to wit: An act the better to provide for the punishment of escapes; Joint resolution authorising the comptroller to issue his warrant in favor of Edward Herndon, for services as assistant adjutant general; An act providing for an extra term of the circuit court of Mobile, and Baldwin counties; An act to provide for compensating the electors for president and vice-president of the United States; Joint resolution in relation to Major General Layette; An act to authorise the Representatives of Malachi Gould, deceased, to sell certain real estate, and for other purposes; An act to regulate the sale of slaves by constables, and have amended the same by striking from the second line of the second section thereof, the word ten & inserting the word twenty and by adding a further proviso to the end of the last section; in which amendments they desire your concurrence.  They have also read a 3d time, & passed a bill which originated in your House, entitled an act concerning the issuing and executing of original process by justices of the peace, and have amended the same by striking out the 3d section thereof, in which amendment they desire your concurrence. They have adopted the following resolution; in which they desire your concurrence.

Whereas the twenty-third section of the third article of the constitution provides, that bills for raising revenue, shall originate in the House of Representatives, and whereas, the Senate believe it not only practicable, but sound policy at this time to reduce the taxes of this State, therefore be it resolved, that it is the wish of the Senate, that the House of Representatives would, in the course of the present session, originate and pass a bill, having for its object a reduction of the State tax, in order that the Senate may have an opportunity of acting on the same, and that the House of Representatives be informed of this resolution. And then he withdrew.

An engrossed bill from the Senate, to be entitled an act regulating sheriff's sales, was read a third time; and, on motion of Mr. White, ordered, that it lie on the table.

Mr. Mead from the committee on divorce and alimony, reported a bill to be entitled an act to divorce John Hamblin from Hannah Hamblin, which was read the first time; and the rule requiring bills to be read on three several days being dispensed with, it was read a second time forthwith; and, on motion, Ordered, that the same be engrossed for a third reading this evening.


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Mr. Fluker form the select committee, to whom was referred the petition of John J. Burton, reported a bill to be entitled an act for the relief of John J. Burton, and ______ Holt, which was read the first time; and, on motion, Ordered, that the same be read a second time on Monday next.

An engrossed bill, to be entitled an act to divorce Samuel Payne, from Elizabeth Payne, was read a third time; and on the question being put, shall this bill pass? there not being a constitutional majority, it was decided in the negative.  Yeas 30, Nays 18.

Those who voted in the affirmative are,

Mr. Abercrombie

Cunningham

Green

Metcalf

Peyton

Barton

Dale

Mardis

Miller

Pickens of G.

Baylor

Edmondson

Martin

Moore of J.

Rather

Baxter

Exum

McVay

Oliver

Shackleford

Coleman

Fleming

McCord

Parham

Tapscot

Cook

Gaines

Mead

Perkins

Watson- 30.

Those who voted in the negative, are,

Mr. Speaker

Creagh

Merriwether

Morton

Vining

Bagby

Dickinson

Moore of Ma.

Pickens of D.

Weissinger

Byler

Farrar

Moore of Mo.

Shotwell

Worthington-18

McCamy

Hill

Jones

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have read three times and passed a bill which originated in your House, entitled, an act to repeal an act entitled an act to establish regular justices courts in this state passed the 30th Dec. 1823, and have amended the same by adding a proviso t the end of the last section thereof.

An engrossed bill to be entitled, an act to divorce Sarah wall from James Wall, was read a third time, and the question being put, shall this bill pass? there not being a constitutional majority it was decided in the negative.    Yeas 25, Nays 24.

Those who voted in the affirmative, are,

Mr. Barton

Cunningham

Gaines

Metcalf

Pickens of G.

Baylor

Dale

Green

Miller

Pickett

Baxter

Dinsmore

McVay

Moore of J.

Rather

Coleman

Edmondson

McCord

Perkins

Shackleford

Cook

Exum

Mead

Peyton

Tapscot- 25.

Those who voted in the negative, are,

Mr. Speaker

Creagh

Hill

Moore of Mo.

Watson

Abercrombie

Crenshaw

Jones

Morton

Weissinger

Bagby

Dickinson

Martin

Pickens of D.

Worthington

Byler

Farrar

Merriwether

Shotwell

White- 24.

Camp

Fleming

Moore of M.

Vining

Engrossed bill to be entitled, an act to divorce Nancy Gillaspie from Andrew S. Gillaspie, was read a 3d time.  Mr.______ moved that the further consideration of said bill be indefinitely postponed, which was carried.

Engrossed bill to be entitled, an act to divorce Wm. Bryant from Rhoda Bryant, was read a 3d time, and, on motion, Ordered, that the same be recommitted to the committee on divorce and alimony.

Mr. Bagby from the judiciary committee to whom was referred a Resolution to inquire into the expediency of repealing an act entitled an act to abolish fictitious proceedings in actions of ejectment and for other purposes therein named, passed Dec. 17th, 1821, Reported a bill to be entitled an act to repeal in part an act, entitled an act to abolish


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the fictitious proceedings in ejectment and for other purposes therein mentioned, passed Dec. 17th, 1821, which was read a first time, and ordered to be a 2d time tomorrow.

Mr. Bagby from the judiciary committee to whom was referred a bill to be entitled, an act the more effectually to protect the character of females, Reported the same with sundry amendments, in which the House concurred.  Ordered that said bill be engrossed for a 3d reading tomorrow.

Mr. Bagby from the same committee to whom was referred a bill to be entitled, an act to amend the first section of an act entitled an act amendatory to the laws now in force for the relief of insolvent debtors passed June 15th, 1821,  Reported said without amendment, in which the House concurred.  Ordered that said bill be read a 2d time tomorrow.

Mr. Bagby from the same committee to whom was referred a bill to be entitled, an act regulating appeals in criminal cases, reported that the same is inexpedient and ought not to pass; in which report the House concurred.

Mr. Bagby from the same committee to whom was referred the petition of Isaac Pugh and---- Robertson, reported a bill to be entitled, an act to authorise Isaac Pugh to sell certain real estate, which was read a first time, and, on motion, ordered that the same be read a 2d time tomorrow.

Mr. Bagby from the same committee to whom was referred a bill to be entitled an act to amend the laws now in force concerning free negroes, mulattoes and slaves, reported as a substitute therefore, a bill to be entitled, an act to amend the laws now in force concerning free negroes, mulattoes and slaves, which was received by the House, read a second time, and ordered to be engrossed for a 3d reading on tomorrow.

And then the House adjourned till 3 o'clock this evening.

Evening Session.

Engrossed bill from the Senate to be entitled, an act to alter and amend an act authorising the judge of the county court of Mobile county, to appoint a public weigher in the city of Mobile, was read the first time, and on motion of Mr. Barton, the same was referred to a select committee, consisting of Messrs. Barton, Creagh & Worthington.

Mr. Vining moved the adoption of the following resolution: Resolved, that the committee of propositions and grievances be instructed to inquire into the expediency of exemption persons above the age of forty-five years, from performing patrol duty; with leave to report by bill or otherwise, which was adopted.

Mr. Morton obtained leave to introduce a bill, to be entitled an act for the relief of Elijah Montgomery and Henry Gunnison, which was read the first time and, on motion, ordered that it be read a second time tomorrow.

Mr. Farrar from the military committee, reported a bill to be entitled, an act to incorporate the Montgomery light infantry company, which was read the first time, and on motion ordered that it be read a second time on tomorrow.

Mr. Byler introduced the following resolution: Resolved, that the committee on ways and means be instructed to inquire into the expediency of repealing an act entitled, an act to provide for the payment

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90

of state witnesses, passed Dec. 31st, 1823, and to provide by law for state witnesses in criminal prosecutions, to be paid out the state treasury, with leave to report by bill or otherwise.

Mr. Skinner obtained leave to introduce a bill to be entitled, an act relative to securities of judges of county courts; which was read the first time, and on motion ordered to be read a 2d time tomorrow.

Engrossed bill from the Senate to be entitled, an act to provide for the opening and keeping in repair a certain road therein described, was read the first time, and on motion, ordered to be read a second time on tomorrow.

Mr. Fleming introduced the following resolution, to wit: Resolved, that a select committee be instructed to inquire into the expediency of reported a bill in favor of Dial Peavy, for the loss of a dam across Flint river, in Madison county, which was adopted by the House, and referred to Messrs. Fleming, Miller, Creagh, Weissinger, Vining, Lanier, Hill, and Metcalf.

Mr. Mardis obtained leave to introduce the following resolution, to wit: Resolved, that the judiciary committee be instructed to inquire into the propriety of memorializing the Congress of the United States, on the subject of treating with the Creek and Cherokee nations of Indians for all that tract of country, situate within the chartered limits of this state, now in the possession of the said Indians, with leave to report, &c. which was adopted by the House.

Engrossed bill from the Senate, to be entitled, an act amendatory to an act concerning divorce, passed Dec. 21st, 1821, was read a 3d time, and on the question being put, shall this bill pass? it was decided in the affirmative.  Yeas 45, Nays 10.

Those who voted in the affirmative, are

Mr. Speaker

Crenshaw

Hill

Moore of Ma.

Shackleford

Bagby

Cunningham

Jones

Moore of Mo.

Shotwell

Barton

Dickinson

Lanier

Morton

Skinner

Baxter

Dinsmore

Martin

Oliver

Tindall

Byler

Edmondson

McVay

Parham

Vining

Camp

Exum

McCord

Perkins

Watson

Coleman

Farrar

Mead

Pickens of D.

Weissinger

Cook

Fleming

Merriwether

Pickens of G.

Worthington

Creagh

Fluker

Miller

Pickett

White- 45.

Those who voted in the negative, are

Mr. Abercrombie

Dale

Green

Metcalf

Peyton

Baylor

Gaines

Mardis

Moore of J.

Rather- 10.

The House adjourned till tomorrow 9 o'clock.