Saturday, December 11, 1824.

The House met pursuant to adjournment.

Mr. Barton presented the petition of the members of the Neptune Fire Company, No. 2, of the city of Mobile; which was read, on motion, Ordered, that it be referred to a select committee, consisting of Messrs. Barton, Moore of Mon, and Dinsmore.

Mr. Mead from the committee on divorce and alimony, to whom was referred the engrossed bill, to be entitled an act divorcing William Bryant from Rhody Bryant, reported the same with an amendment, which was concurred in.  On motion of Mr. Fleming, Ordered, that it lie on the table.


91

A communication was received from James J. Pleasants, late Secretary of State.

CAHAWBA, Dec. 7, 1824.

SIR- I have had the pleasure to receive your letter of to-day, enclosing a copy of a resolution adopted by the House of Representatives, expressive of their approbation of my conduct whilst engaged in the discharge of the duties of Secretary of State.

Nothing could afford me more gratification that this flattering evidence, that my official conduct has met the approbation of so respectable and intelligent a body as the House of Representatives; and the gratification is more sensibly felt when it is recollected that a large number of those to whose kindness I am indebted for the appointment are members of the present House of Representatives, and have had frequent occasions of witnessing my conduct whilst in office.

I beg Mr. Speaker, that you will convey to the body over which you preside my warmest thanks for this additional evidence of their kindness, and that you will please accept for yourself individually my acknowledgments for the very polite manner in which you have been pleased to communicate the resolution

With great respect,

Your most obt. servt,

JS. J. PLEASANTS.

HON. SAMUEL WALKER, Speaker of the House of Representatives, Engrossed bill from the Senate, entitled an act for rendering the decisions of civil causes more speedy and less expensive than heretofore, was read a 3d time and passed.  On the question being put, shall this bill pass?  It was decided in the affirmative.  Yeas 36, Nays 20.

Those who voted in the affirmative, are,

Mr. Speaker

Farrar

McVay

Peyton

Skinner

Abercrombie

Fleming

McCord

Pickens of D.

Tapscot

Baxter

Fluker

Mead

Pickens of G.

Vining

Byler

Gaines

Merriwether

Pickett

Watson

Coleman

Green

Jones

Moore of Ma.

Rather

Weissinger

Cunningham

Lanier

Moore of Mo.

Shackleford

Worthington

Dinsmoor

Mardis

Perkins

Shotwell

White- 36.

Those who voted in the negative, are,

Mr. Bagby

Creagh

Edmondson

Metcalf

Oliver

Barton

Crenshaw

Exum

Miller

Parham

Camp

Dale

Hill

Moore of J.

Ruffin

Cook

Dickinson

Martin

Morton

Tindall- 20

Ordered, That the clerk inform the Senate accordingly.

Engrossed bill from the Senate, entitled an act concerning public roads in the county of Montgomery, was read a third time and passed. Ordered, that the clerk inform the Senate of the same.

Mr. Mead introduced the following resolution to wit: Resolved, That the committee of ways and means be instructed to inquire into the expediency of abolishing the white poll, tax, which was concurred in. Yeas 33, Nays 23.

The yeas and nays being called for, those who voted in the adoption of the resolution are,

Mr. Speaker

Farrar

McVay

Parham

Tapscot

Bagby

Fleming

McCord

Peyton

Tindall

Byler

Fluker

Mead

Pickett

Vining

Coleman

Hill

Metcalf

Rather

Watson

Crenshaw

Jones

Moore of Mo.

Shackleford

Worthington-33

Cunningham

Lanier

Morton

Shotwell

Dinsmoor

Mardis

Oliver

Skinner


92

Those who voted against its adoption are,

Mr. Abercrombie

Creagh

Gaines

Moore of J.

Ruffin

Barton

Dale

Green

Moore of Ma.

Weissinger

Baxter

Dickinson

Martin

Perkins

White- 25.

Camp

Edmondson

Merriwether

Pickens of D.

Cook

Exum

Miller

Pickens of G.

Engrossed bill from the State, entitled an act to provide for the opening and keeping in repair a certain road therein described, was read a second time; and on motion, Ordered, that the same be made the order of the day for a third reading on Monday next.

Engrossed bill from the Senate, entitled an act to authorise the county treasurer of the county of St. Clair, to pay a certain sum of money therein named, to Arnold Thomason, and Austin Hood, was read a first time. On motion, Ordered that it be referred to a select committee, consisting of Messrs. Coleman, Martin, and Shotwell.

Engrossed bill from the senate, entitled an act to declared Beaver Creek in Wilcox county, a public highway, was read the first time; and on motion, Ordered, that it lie on the table.

Engrossed bill from the Senate, entitled an act authorising executors, &c. to relinquish lands under act of Congress of the 18th May, 1824, which was read the first time; on motion, Ordered, that it be made the order of the day for a second reading on Monday next.

Ordered, That the House concur in the amendment made by the Senate to the bill, to be entitled an act concerning the issuing and executing of original process by justices of the peace.  Ordered, that the clerk inform the Senate accordingly.

Ordered, That the House concur in the amendment made by the Senate to the bill, entitled an act to exempt the citizens of the town of Marion in Perry county from working on roads beyond the limits of said town, and for other purposes.  Ordered, that the clerk inform the Senate thereof.

The bill returned to this House by the Senate, entitled an act to alter the place of selling lands and negroes by the sheriff of Bibb and Tuscaloosa counties in certain cases, was read; on motion, ordered that the same be laid on the table.

Engrossed bill from the Senate, to be entitled an act to amend an act, entitled an act concerning strays, was read the first time; on motion, ordered that it be read a second time on Monday next.

Engrossed bill to be entitled an act for changing the compensation of the judge of the county court of Mobile county, and for other purposes therein mentioned, was read the third time and passed. On motion, ordered, that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled an act to divorce John Hamblin from Hannah Hamblin, was read a third time; on motion, ordered, that it lie on the table.

Engrossed bill to be entitled an act more effectually to secure the holding the election of sheriff, and for other purposes, was read a third time; on motion, ordered, that it lie on the table.

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, entitled an act concerning strays, in which they desire your concurrence.  They have also read three times and pass-


93

ed bills which originated in your honorable body, entitled an act to repeal in part an act, entitled an act to establish certain counties therein named, and for other purposes, passed Dec. 17th, 1821, and for other purposes, and have amended the same, by adding thereto three additional sections, in which they desire your concurrence; and an act to exempt the citizens of the town of Marion in Perry county from working on roads beyond the limits of said town, and for other purposes; and have amended the same in the manner herewith shewn, in which amendment, they desire your concurrence.

They did on yesterday evening adopt the following resolution, in which they desire your concurrence.  Resolved, that the Senate, with the concurrence of the House of Representatives, will convene in the representative Hall on tomorrow evening, at 3 o'clock, for the purpose of electing a comptroller of public accounts, and a state treasurer for the ensuing year.  And then he withdrew.

Mr. Pickett moved to take up the engrossed bill, to be entitled an act to provide for the payment of slaves executed in pursuance of law, which was carried.  Mr. Bagby moved to amend said bill by way of rider, which was carried.  The bill was then read a third time: and on the question being put, shall this bill pass? It was decided in the affirmative.  Yeas 29, Nays 28.  Those who voted in the affirmative, are

Mr. Abercrombie

Cook

Exum

Moore of J.

Pickett

Bagby

Creagh

Fleming

Moore of Mo.

Rather

Barton

Crenshaw

Fluker

Morton

Shackleford

Baylor

Dale

Lanier

Perkins

Vining

Baxter

Dickinson

Martin

Pickens of D.

Weissinger-26

Camp

Dinsmore

Mead

Pickens of G.

Those who voted in the negative, are

Mr. Speaker

Gaines

McCord

Parham

Tindall

Byler

Green

Merriwether

Peyton

Watson

Coleman

Hill

Metcalf

Ruffin

White

Cunningham

Jones

Miller

Shotwell

Worthingto-28

Edmondson

Mardis

Moore of Ma.

Skinner

Farrar

McVay

Oliver

Tapscot

On motion, Ordered that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

An engrossed bill from the Senate, entitled an act to alter the time of holding the county courts of Tuscaloosa, Greene & St. Clair counties, which was read a second time.  Mr. Vining moved to amend said bill, which was carried.  Mr. Pickens of G. moved to amend the 4th section which was carried.  On motion, ordered that the same be referred to a select committee, consisting of Messrs. Creagh, Hill, Pickens of G. and Vining, to report thereon.

Engrossed bill to be entitled, an act to regulate the sale of slaves by constables, Mr. martin moved that the House disagree to the amendment made by the Senate to the 2d section of said bill, by striking out the word "ten" and inserting in lieu thereof the word "twenty;" which was carried.  Ordered that said bill lie on the table.

On motion, ordered that the House concur in the resolution from the Senate, proposing to convene in the Representative Hall this evening at 3 o'clock for the purpose of electing a Comptroller of Public Accounts, and a State Treasurer, for the ensuing year.  Ordered, that the Senate be informed thereof.


94

Engrossed bill from the senate, entitled an act pointing out the manner by which the streets of Greensborough shall be opened and kept in good order.  Mr. Pickens of G. moved to amend said bill by an engrossed rider; which was carried.  The bill was then read a third time, and on the question being put, shall this bill pass? it was decided in the affirmative.  Ordered, that the same be sent to the Senate for their concurrence.

Mr. Pickett presented the petition of sundry citizens praying the establishment of a certain road; which was read and referred to the committee on roads, bridges, & c.

A message from the Senate by Mr. Lyon, their Secretary: Mr. Speaker, the Senate concur in the amendment made by your honorable body to the bill entitled, an act amendatory to all acts concerning divorce, passed Dec. 21st, 1820.  They have read a third time and passed bills which originated in their House entitled, An act to provide for the payment of interest on the loan obtained for the use of the state; and An act to apportion the Representatives among the several counties in this state, and to divide the state into Senatorial districts according to the late census: in which they desire your concurrence.  They have read a third time and passed bills which originated in your honorable body, entitled An act concerning prisons and prisoners; and An act concerning roads, bridges and ferries in the county of Mobile; and then he withdrew.

The engrossed 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, was returned from the Senate to this House with amendments, which were read; and on motion of Mr. Moore of J., Ordered, that it lie on the table.  The House adjourned till 3 o'clock this evening.

Evening Session.

Mr. Byler introduced the following resolution: Resolved, that he committee on ways and means be instructed to inquire into the expediency of so altering the law, as to set apart so much of the revenue as is collected from retailers of spirits for the payment of jurors and other county uses, and report by bill or otherwise; which was lost.

Mr. Farrar introduced the following resolution, to wit: Resolved, that the judiciary committee be instructed to inquire into the expediency of passing some law or providing a remedy by writ of ne exeat to restrain defendants who are sued and held to bail, or sued and not held to bail, from running off or sequestering their property before judgment; which was adopted.

Engrossed bill to be entitled, an act to alter and amend the charter of incorporate of the city of Mobile, was read a 3d time; and, on the question being put, shall this bill pass? it was decided in the affirmative.  Ordered, that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Mr. Morton offered the following resolution, Resolved that a message be sent to the Senate informing that body that the House of Representatives is convened and ready to proceed to the election of a Comptroller of public accounts and a state Treasurer, pursuant to a joint Resolution of the General Assembly.  Resolved that the west end of the hall of the House of Representatives be appropriated to the accommodation of the Senate.


95

The Senate having repaired to the hall of the House of Representatives, the President of the Senate arose and announced that the two Houses had assembled for the purpose of electing a Comptroller of public accounts and a State Treasurer, to serve for the term of one year;

Samuel Pickens being alone in nomination,

The votes were for Mr. Pickens,

Mr. President

Shackleford

Cunningham

Martin

Peyton

Bibb

Smith

Dale

McVay

Pickens of B.

Casey

Sullivan

Dickinson

McCord

Pickett

Coats

Taggert

Dinsmore

Mead

Rather

Conner

Wood

Edmondson

Merriwether

Shotwell

Crabb

Mr. Speaker

Exum

Metcalf

Skinner

Devereux

Abercrombie

Farrar

Miller

Tapscot

Hopkins

Barton

Fleming

Moore of J.

Tindall

McCamy

Baylor

Fluker

Moore of Ma.

Vining

Metcalfe

Baxter

Gaines

Moore of Mo.

Watson

Moore

Byler

Greene

Morton

Worthington

Murphy

Camp  Cook

Hill  Jones

Oliver

Weissinger

McVay

Coleman

Lanier

Parham

White- 71.

Powell

Crenshaw

Mardis

Perkins

The Speaker declared Mr. Pickens duly elected Comptroller of public accounts for one year.

The two Houses then proceeded to the election of a state Treasurer, John C. Perry alone being in nomination, the same members who voted for Mr. Pickens as comptroller, voting for Mr. Perry - The Speaker thereupon declared Mr. Perry duly elected state Treasurer for one year.  The Senate then retired to their chamber.

Mr. Perkins at 20 minutes after 3 o'clock in the evening, moved the House to adjourn until Monday morning, which was lost.

On motion of Mr. Metcalf, the yeas and nays were called for,

Those who voted in the affirmative, are,

Mr. Abercrombie

Creagh

Fluker

Mead

Oliver

Baxter

Crenshaw

Lanier

Moore of J.

Perkins

Camp

Cunningham

Mardis

Moore of Mo.

Pickens of D.

Cook

Dale

Farrar

Martin

Morton

Rather- 21.

Those who voted in the negative, are,

Mr. Speaker

Edmondson

McVay

Parham

Tindall

Barton

Exum

McCord

Peyton

Vining

Baylor

Fleming

Merriwether

Pickett

Watson

Byler

Gaines

Metcalf

Shotwell

Weissinger

Coleman

Green

Miller

Skinner

Worthington

Dickinson

Hill

Jones

Moore of Ma.

Tapscot

White- 31.

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