Monday, December 13th, 1824.

Mr. Pickett presented the petition of  Wm.  Holbrooks, which was read.  On motion, ordered that it be referred to the com. on accounts.

Mr. Fleming presented the petition of J. S. Moore, praying authority to sell certain lands therein named, which was read and referred to a select committee, consisting of Messrs. Fleming, Tapscot & Rather.

Mr. Barton presented the memorial of sundry merchants of Mobile, praying that a law may be passed giving them a lien on all ships, vessels, steamboats or other craft for supplies furnished at the request of the master, which was read and referred to a select committee, consisting of Messrs. Barton, Green and Baxter.

Mr. Barton presented the petition of Mary C. Toulmin and other, praying the passage of a law enabling them to convey certain real es-


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tate therein named, which was read and referred to the judiciary com.

Mr. Vining from the committee on roads, bridges and ferries to whom was referred the petition of sundry inhabitants of Dallas and Autauga, praying that a certain road may be laid out therein named, Reported against the prayer of the petitioners.  Ordered, that the house concur in said report.

Mr. Camp presented the petition of William McBroom, praying the emancipation of a certain slave named Gamaliel, which was read and referred to a select committee, consisting of Messrs. Camp, Martin and Fleming.

Mr. Camp presented the memorial of sundry merchants and trades of Huntsville, praying that they may be taxed by way of license, instead of the former method of paying a tax on merchandise sold; which was read and referred to the committee on ways and means.

Mr. Moore of Mon. from the select committee to whom was referred the petition of Wm. S. Ballard, reported against the prayer of the petitioner.  Ordered that the house concur in said report.

Mr. Barton from the select committee to whom was referred the petition of the Neptune Fire company Nos. 1 & 2, Reported a bill to be entitled an act to exempt the members of the Neptune Fire companies, Nos. 1 & 2, of the city of Mobile from militia and patrol duty, and for other purposes, which was read a first time, and ordered to be read 2d time tomorrow.

Mr. Oliver obtained leave to introduce a bill to be entitled, an act to repeal in part and amend an act entitled an act to incorporate the Murder Creek Navigation company, passed Dec. 15, 1821, and for other purposes, which was read a 1st time, and the rule being dispensed with, it was read a 2d time forthwith, and ordered to be engrossed for a 3d reading tomorrow.

Mr. Martin obtained leave to introduce a bill to be entitled, an act concerning costs where suites are instituted in the name of one person for the use of another, which as read 1st time, and ordered to be read a 2d time tomorrow.

On motion of Mr. Vining, the house took up a bill to be entitled, 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; which was read a first time, and the rule being dispensed with, it was read a second time forthwith.

On motion of Mr. Morton the house resolved itself into a committee of the whole on said bill, and after some time spent in the consideration thereof, the committee rose, and Mr. Morton reported said bill with an amendment.  Ordered that the house do concur in said amendment.

Mr. Moore of Mon, moved to strike out the 6th section of said bill; which was carried.  On motion of Mr. Martin, ordered that said bill lie on the table, and then the House adjourned ‘til 3 o'clock this evening.

Evening Session, 3 o'clock.

Mr. Martin moved, that this house do now take up a bill to be entitled an act giving an additional remedy against constables, which was carried.  Said bill was then referred to a select committee, consisting of Messrs. Martin Dickinson, and Shotwell.

Mr. Baylor presented the accounts of the jailor of Pickens county, which was referred to the committee on accounts.


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The House then took into consideration the engrossed bill, 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, and for other purposes.  Ordered, that the House concur in the amendments made by the Senate to said bill, and that the Senate be informed thereof.

Mr. Barton obtained leave to introduce a bill, to be entitled an act more effectually to insure the accountability of public officers by providing for the prompt settlement of public accounts; which was read a first time, and ordered to be read a second time tomorrow.

Mr. Moore of J. moved the following resolution: Resolved, that with the concurrence of the Senate, the two Houses of the General Assembly convene in the representative hall, at 3 o'clock on Thursday next, for the purpose of electing a president and directors of the bank of the state of Alabama; that the west end of the hall be assigned for the reception of the Senate, and that the Senate be informed thereof.   Mr. Shackleford moved to amend said resolution, by adding the following words after the word Alabama, to wit: and the judges of the county courts, for all of the counties where there is a vacancy, which amendment was adopted.  The resolution as amended was then adopted.

Engrossed bill from the Senate, entitled an act to declare Beaver Creek, in Wilcox county, a public highway; was read a second time, and ordered to be read a third time tomorrow.

Engrossed bill from the Senate, entitled an act the more effectually to secure the testimony of absent witnesses by interrogatories, was then taken into consideration, read a third time and amended, and the question being put, shall this bill pass? It was decided in the affirmative.  Yeas 29, Nays 27.

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

Mr. Abercrombie

Cook

Fluker

Oliver

Skinner

Barton

Crenshaw

Green

Parham

Tapscot

Baylor

Cunningham

Jones

Perkins

Watson

Baxter

Dale

Lanier

Pickett

Weissinger

Camp

Dinsmore

McCord

Shackleford

White- 29.

Coleman

Exum

Morton

Shotwell

Those who voted in the negative, are

Mr. Speaker

Farrar

McVay

Moore of Ma.

Tindall

Bagby

Fleming

Mead

Moore of Mo.

Vining

Byler

Gaines

Merriwether

Peyton

Worthington

Creagh

Hill

Metcalf

Pickens of G.

Dickinson

Mardis

Miller

Rather

Edmondson

Martin

Moore of J.

Ruffin

Ordered, that the clerk acquaint the Senate therewith.

On motion of Mr. Morton, whereas an early adjournment of the present session of the legislature is desirable; and whereas the duties and labours of the clerks are accumulating, it is therefore Resolved, that the principal clerk of this House, be, and he is hereby authorised to employ one more assistant clerk for the remainder of the session.

Mr. Fleming laid before the House, the accounts of the jailor of Madison, which were referred to the committee on accounts.

Mr. Rather obtained leave to introduce a bill to be entitled an act compelling county treasurers to keep their office at, or near the place

13


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of holding courts in each county; which was read a first time, and ordered to be read a second time tomorrow.

Mr. Coleman obtained leave to introduce a bill, to be entitled an act concerning transient merchants; which was read a first time, and ordered to a second reading tomorrow.

An engrossed bill, to be entitled an act for the relief of Cyrus Sibley, and James L. Seabury, securities of Henry Wheat, was read a third time and passed.  Ordered, that the title be as aforesaid.  Ordered that the clerk acquaint the Senate thereof.

An 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 a third time and passed.

An engrossed bill from the Senate, entitled an act authorsing executors to relinquish lands under an act of Congress of the 18th May, 1824; was read a second time, and ordered to be read a third time tomorrow.

An engrossed bill from the Senate, entitled an act to amend an act entitled an act concerning strays; was read a first time, and ordered to be read a second time tomorrow.

An engrossed bill, to be entitled an act authorising the location and sale of certain quarter sections of land granted by Congress, to the several counties of this state for seats of justice, was read a third time and passed.  Ordered, that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

An engrossed bill to be entitled an at requiring bills of sale, deeds of gift, &c. in certain cases, to be recorded, was read a third time. Said bill was then on motion of Mr. Byler, amended by a proviso at the end of said bill.  The bill was then passed.  Ordered, that the title be as aforesaid.  Ordered, that the clerk acquaint the Senate therewith.

The undersigned, members of the House of Representatives, who voted against the Resolution authorising Mr. Beck, a Representative from Wilcox county, to vote in the room for a Senator to represent this State, in the Congress of the United States, avail themselves of their constitutional privilege of spreading on the journals their reasons for giving that voted, which might be construed to arise from a principle of illiberality without an examination of the constitution on that subject.  And whenever the feelings of liberality, and the provisions of the constitution which we have sworn to support come into conflict, feelings and liberality must yield to that sacred obligation.  The Resolution against which we voted, originated in the Senate, and we believed interfered with the 14th section of the 3d article of the constitution, which gives to each House exclusive power to judge of the qualifications of its own members: And the Resolution proposed to give to Mr. Beck, a member of the House of Representatives, the exercise of a right in his own room, which the Legislature cannot confer; because it is a right derived from the constitution, and the exercise of which is derived in a convention of the members when assembled together in the character of a House to do business; and an absent member forms no part of the House when absent, and cannot exercise rights appertaining to the performance of a Legislative act, in any other way, or at any other time, then when actually assembled with the quorum of the House to which he belongs, as his powers to legislate are derived by his election, qualification and assembling, the last of which is as necessary as either of the others, and a want of which prevents his being an integral part of the House, and disqualifies him by the constitution, from acting while that disability remains.  The 3d article of the constitution reads as follows: Sec. 1.  The Legislative powers of this State shall be vested in two distinct branches, the one


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styled the Senate, the other the House of Representatives; and both together the General Assembly of the State of Alabama.  The 6th article, section 6.  In all elections by the General Assembly, the members thereof, shall vote viva voce, and the votes shall be entered on the journals.  From all of which it appears clear to the undersigned, that the election of a Senator to the Congress of the United States, it a legislative act, required to be done by the General Assembly of the State of Alabama assembled together, and giving their votes viva voce, which shall be entered on the journals; and no member in his room, nor until he assemble, forms any part of the General Assembly required by the constitution to perform that legislative act.

John L. Tindall,

James W. Exum,

Quin Morton,

Wm. C. Watson,

Zudock McVay,

James McCord.

House adjourned till tomorrow morning, 9 o’clock.