Tuesday, Dec. 14, 1824.

Mr. Merriwether presented the accounts of Robert H. Warren, tax collector of Greene county, which was referred to the com. on accounts.

Mr. Byler presented the petition of Martha Prater, praying the emancipation of certain slaves therein named, which was referred to a select committee consisting of Messrs. Byler, Parham and McVay, to report thereon.

Mr. Watson presented the petition of John McDonald, praying the passage of a law to erect a bridge across Pee river, which was referred to a select committee, consisting of Messrs. Cook, Oliver and Exum.

Mr. Vining from the committee on roads, bridges and ferries to whom was referred a bill to be entitled an act for the relief of overseers of roads, reported that they have amended the same by striking out from the word, on in the 4th line of the 1st section, to the word and in the same section and 6th line, and inserting in lieu thereof, the following, public roads to such roads as they may think proper within the distance now prescribed by lawOrdered that the House concur in said amendments: said bill was then read a 2d time, and ordered to be engrossed for a 3d reading tomorrow.

Mr. Moore of Mo. presented the petition of the administrators of Nathaniel Henderson, praying the passage of a law to sell real estate, which was read & referred to a select committee, consisting of Messrs. Moore of M. Baxter and Camp.

Mr. Camp from the select committee to whom was referred the petition of Wm. McBroom, reported a bill to be entitled, an act to emancipate Gamaliel a slave, which was read a first time, and ordered to be read a 2d time tomorrow.

Mr. Martin from the select committee to whom was referred a bill to be entitled an act giving additional remedy against constables, reported the same with sundry amendments, in which the House concurred.  Ordered, that said bill be engrossed for a 3d reading tomorrow.

Mr. Creagh from the Bank committee to whom was referred a Resolution instructing them to inquire into the expediency of extending a branch of the Bank of the state of Alabama to the city of Mobile or Huntsville, have had the same under consideration and have instructed me to report the they are of opinion that until the institution be organized, and the funds consolidated, it is inexpedient to establish a branch at any point.  Ordered that said report lie on the table.

Mr. Rather obtained leave to introduce a bill to be entitled, an act


100

for the better organization of the militia of this state, which was read a 1st and 2d time, and referred to the military committee.

Mr. Barton from the committee on schools, colleges and school and university lands, to whom was referred the Resolution instructing them to inquire into the expediency of passing a law offering corporate powers to the citizens of each and every township in this state, obligatory only on those townships, a majority of whose citizens might accept the conditions contained in the act of incorporation, providing for the sale or lease for ninety-nine years, renewable forever, of the 16th section in each of the aforesaid townships, and also for the permanent investment of the funds arising from such sale or lease in the state bank, for the exclusive use and benefit of the inhabitants of each particular township, have had the subject matter of said resolution under their consideration, and have directed me to report, that the committee are of opinion that it would be premature for the legislature to act on that subject during the present session, in which the House concurrence.

M. Barton from the same committee, to whom was referred a resolution instructing them to inquire into the expediency of reducing the minimum price of the rent of university lands, have directed me to report, that the committee deem it inexpedient to legislate on that subject at this time, in which the House concurred.

Mr. Barton from the same committee, to whom was referred the petition of sundry inhabitants of township, No. 6, range 11, praying, that a part of the 16th section of said township, may be sold or leased; ask leave to be discharged from the further consideration thereof, in which the House concurred.

Mr. Barton from the same committee, to whom was referred a resolution instructing them to inquire into the expediency of allowing persons who reside on the dividing line between two townships, but whose improvements are in each township to choose the public school of the township, to which they will sent their children; Report, that it is inexpedient to legislate on that subject, and ask leave to be discharged from the further consideration of the same, in which the House concurrence.

A message was received from His excellency the governor, by James J. Thornton, Secretary of State, which is as follows:

EXECUTIVE DEPARTMENT, December 14, 1824.

Gentlemen of the Senate and of the House of Representatives.

I have received the resignation of Robert Lawson, esq. as judge of the county court of St. Clair county, and of Nathaniel Dodson, esq. as judge of the county court of Monroe county.

I am respectfully, &c. ISRAEL PICKENS.

And then he withdrew.

Mr. Crenshaw from the committee of ways and means to whom was referred a resolution of the House, directing them to inquire into the expediency of allowing extra compensation to tax collectors in counties where there is less population than one person to the square mile, Reported, that they have had the same under consideration, and are of opinion that it would be inexpedient to make any alteration in the law on that subject at this time, in which the House concurred.

Mr. Crenshaw from the same committee, to whom was referred the resolution of the House directing them to inquire into the expediency

 


101

of repealing the present law concerning the payment of state witnesses, passed Dec. 31st, 1823, and directing them to inquire into the expediency of paying the same out the state treasury,  Reported, that they have had the same under consideration, and are of opinion that it is inexpedient at this time, to make any alteration in the law on that subject, in which the House concurred.

Mr. Bagby from the judiciary committee, to whom was referred a resolution instructing them to inquire into the expediency of adding another week to the term of the circuit courts of the counties of Jefferson, and Greene, reported a bill to be entitled an act altering the times of holding the courts in the third judicial circuit, which was read the first time; on motion, ordered, that it be read a 2d time tomorrow.

Mr. Barton presented the memorial of the chamber of commerce of the city of Mobile; which was read and referred to a select committee, consisting of Messrs. Barton, Moore of Mon., and Dale.

Mr. Crenshaw from the committee of ways and means reported a bill, to be entitled an act to raise a revenue for the year 1825, which was read a first and second time, and referred to a committee of the whole House on tomorrow.  Ordered, that 70 copies thereof be printed for the use of this House.

On motion of Mr. Rather, Resolved, That the resolution heretofore referred to the committee on schools and colleges, and school and university lands, instructing them to inquire into the expediency of allowing persons, where they live on the one dividing two townships and their improvement is in each, to make choice of the township in which he will educate his children from the proceeds of the 16th section of said township, be referred to select committee, consisting of Messrs. Rather, Fleming and Worthington.

Mr. Bagby introduced a joint resolution, authorising Wm. B. Allen to copy the Journals of the Senate and House of Representatives, Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, that the public printed is hereby authorised to copy the journals of both Houses for the purpose of printing the same, and that he be allowed one hundred and twenty-five dollars for the said services; which was read a first time and ordered to be read a second time tomorrow.

Mr. Lanier offered the following resolution: Whereas the constitution of this state, provides that the General Assembly shall, in the year 1825 locate the seat of government; and whereas it is desirable to obtain the best information the nature of the case will admit of: Bit it therefore resolved by the Senate and House of Representatives in General Assembly convened, that one discreet and intelligent person from each judicial circuit be appointed by a joint vote of both Houses of the General Assembly, whose duty it shall be to select ____sites _____within miles of the centre of the state, having a due regard to navigation, good water, and a healthy and elevated situation and report the same to the next General Assembly.  And be it further resolved, that the commissioners appointed in pursuance of these resolutions shall be entitled to the same compensation as is now allowed to the trustees of the university fund; provided, however, they shall not receive pay for more than ___ days; which was read a first time and ordered to be read a second time tomorrow.


102

Mr. Pickens, of G. presented the account of the coroner of Greene county, which was referred to the committee on accounts.

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 amendatory to the several acts in relation to roads, bridges and ferries; An act to amend an act entitled an act to establish a public road from Ditto's Landing to Marston Mead's in Blount county, passed Dec. 30th, 1822: in which they desire your concurrence.

They have also read three times, and passed a bill which originated in your house, entitled, An act to amend an act entitled an act to prevent the frauds and fraudulent combinations in the sales of public lands within this state, passed at Huntsville on the 17th Dec. 1819.

The house took into consideration 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.  Mr. Vining moved to amend the bill by striking out the 3d section, which was lost.  Yeas 26, Nays 31.

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

Mr. Speaker

Fleming

Martin

Moore of J.

Skinner

Byler

Gaines

McVay

Moore of Ma.

Tapscot

Cunningham

Green

McCord

Parham

Tindall

Edmondson

Hill

Jones

Metcalf

Peyton

Vining

Exum

Lanier

Miller

Rather

Worthington 26.

Those who voted in the negative are,

Mr. Abercrombie

Coleman

Farrar

Morton

Ruffin

Bagby

Creagh

Fluker

Oliver

Shackleford

Barton

Crenshaw

Mardis

Perkins

Shotwell

Baylor

Dale

Mead

Pickens of D.

Watson

Baxter

Dickinson

Merriwether

Pickens of G.

Weissinger

Camp,

Cook

Dinsmore

Moore of Mo.

Pickett

White- 31.

Mr. Creagh moved to reconsider the voted taken yesterday to strike out the 6th section, which was carried.

Mr. Mardis moved to strike to Perry, where it occurs in the 2nd sect. & insert in lieu thereof Shelby, which was lost.  Yeas 17, Nays 32.

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

Mr. Abercrombie

Farrar

Lanier

Moore of Ma.

Shotwell- 17.

Baylor

Gaines

Mardis

Parham

Baxter

Hill

Martin

Peyton

Coleman

Jones

Mead

Rather

Those who voted in the negative, are

Mr. Speaker

Dale

McVay

Pickens of G.

Vining

Barton

Dickinson

McCord

Pickett

Watson

Byler

Edmondson

Merriwether

Ruffin

Weissinger

Camp

Exum

Metcalf

Shackleford

Worthington-32

Creagh

Fleming

Miller

Skinner

Crenshaw

Fluker

Morton

Tapscott

Cunningham

Green

Pickens of D.

Tindall

Ordered, that said bill be read a third time tomorrow.

A message was received from his excellency the Governor by James I. Thornton, secretary of state; Mr. Speaker, I am instructed by his excellency the Governor, to inform you that he did on the 14th inst. approve and sign the following acts, to wit: An act declaring Cotaco in Morgan county a public highway; An act for the relief of Joseph


103

Burleson; An act to repeal part of an act entitled an act to authorise Rebecca Fletcher to emancipate a certain slave therein named; An act to establish the Mobile society of literature; An act to authorise Mary Ann Kennedy, to emancipate a certain slave therein named; and that he did on the 13th inst. approve and sign a resolution in relation to certain object of internal improvement within the state of Alabama. And then he withdrew.

Mr. Rather obtained leave to introduce a bill to be entitled, an act amendatory to an act entitled an act to establish a public road from the southern boundary line of township 8, in range 4 or 5 or west of the basis meridian of Huntsville, to the falls of Tuscaloosa, passed Dec. 1820, which was read a first time and ordered to be read a second time tomorrow.

Mr. Martin moved a reconsideration of a vote taken yesterday on a bill to be entitled, an act for the relief of Cyrus Sibley and James I. Seabury, securities of Henry Wheat, which was carried.  Mr. Martin moved to amend said bill by way of engrossed rider, which was carried, 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. Moore of J. obtained leave to introduce a bill to be entitled, an act making appropriation for the year 1825, which was read a 1st time and ordered to be read a second time tomorrow.

Mr. White obtained leave to introduce a bill to be entitled, an act to establish an additional election precinct in the county of Lawrence, which was read a first time; On motion, ordered that said bill lie on the table.

Engrossed bills of the following titles, to wit: An act supplementary to, and amendatory of, the laws now in force regulating the appointment of auctioneers and sales at auction; An act altering the sale days of lands and slaves in parts of the counties of Lawrence and Franklin. An act to establish the town of  Whitesburg and to incorporate its trustees.  Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Mr. Abercrombie moved to take up an engrossed bill from the Senate to be entitled, an act regulating sheriffs sales; and sundry amendments made thereto -- in which the House concurred.

Mr. Creagh moved the further consideration of said bill be indefinitely postponed, which was carried - Yeas 28 - Nays 24.

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

Mr. Speaker

Edmondson

Jones

Moore of J.

Shotwell

Byler

Exum

Martin

Moore of Mo.

Tapscot

Coleman

Farrar

McVay

Moore of Ma.

Vining

Creagh

Fluker

Merriwether

Peyton

Worthington-28

Cunningham

Green

Metcalf

Pickens of G.

Dickerson

Hill

Miller

Rather

Those who voted in the negative, are

Mr. Abercrombie

Cook

Lanier

Parham

Tindall

Bagby

Crenshaw

Mardis

Pickens of D.

Watson

Baylor

Dale

McCord

Pickett

Weissinger

Baxter

Fleming

Mead

Shackleford

White- 24.

Camp

Gaines

Morton

Skinner

Engrossed bill to be entitled, an act to alter and establish the boun-


104

dary lines between certain counties therein named, was read a 3d time, on motion, ordered that said bill lie on the table.

Engrossed bill to be entitled, an act to establish a permanent seat of justice in the county of Jackson and for other purposes, was read a 3d time; Mr. Moore of J. moved to amend said bill by way of engrossed rider, which was carried: it was then 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.

An engrossed bill to be entitled, an act to establish a certain county therein named, and for other purposes, was read a 3d time and passed. Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

A message from his excellency the Governor by James I. Thornton secretary of state; Mr. Speaker, I am instructed by his excellency the Governor to inform you that he did on the 14th inst. approve and sign the following acts; An act divorcing Sarah R. Swansey from James N. Swansey; an act divorcing Abraham Beadle from Letitia Beadle; and then he withdrew.

Engrossed bill to be entitled an act the more effectually to protect the character of females, was read a 3d time, and on the question being put, shall this bill pass?  it was decided in the negative- Yeas 23, Nays 33.

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

Mr. Baylor

Hill

Merriwether

Ruffin

Watson

Cook

Jones

Miller

Shackleford

Weissinger

Farrar

Mardis

Moore of J.

Skinner

White- 23.

Fluker

Martin

Peyton

Tindall

Green

McCord

Pickens of G.

Vining

Those who voted in the negative, are

Mr. Speaker

Coleman

Exum

Moore of Ma.

Pickett

Abercrombie

Creagh

Fleming

Moore of Mo.

Rather

Bagby

Crenshaw

Gaines

Morton

Shotwell

Barton

Cunningham

Lanier

Oliver

Tapscot

Baxter

Dale

McVay

Parham

Worthington-33

Byler

Dickinson

Mead

Perkins

Camp

Edmondson

Metcalf

Pickens of D.

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

Evening Session, 3 o'clock.

On motion of Mr. Mead, Ordered that Mr. Rather be added to the military committee.

Engrossed bills of the following titles, to wit: an act to amend the laws in force and use concerning free negroes, mulattoes and slaves; An act to repeal, in part and amend an act, entitled an act to incorporate the murder creek navigation company, passed Dec. 15th, 1821, and for other purposes, were severally read a 3d time and passed.  Ordered, that the titles be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Engrossed bills from the Senate of the following titles, to wit: An act to declare Beaver creek in Wilcox county a public highway; An act authorising Executors, &c. to relinquish lands under act of Congress of the 18th May 1824, which were severally read a 3d time, and passed.  Ordered that the clerk acquaint the Senate therewith.


105

An engrossed bill to be entitled, an act supplementary to, and amendatory of, the laws relating to executors and administrators, and for other purposes, was read a 3d time.  Ordered that it lie on the table.

Mr. Watson obtained leave to introduce a bill to be entitled, an act to compensate James Pugh for carrying the returns of the election for Brigadier Genera from Pike county to Cahawba, which was read a 1st time, and ordered to be read a 2d time tomorrow.

Engrossed bill from the Senate to be entitled, an act to amend an act entitled an act concerning strays, was read a 2d time, and ordered to be read a 3d time tomorrow; and, motion of Mr. Miller, Ordered that said bill be referred to a select committee, consisting of Messrs. Miller, Hill and Pickens of G.

Engrossed bills from the senate of the following titles, to wit: An act amendatory to the several laws in relation to roads, bridges and ferries; An act to amend an act, entitled an act to establish a public road from Ditto's landing to Marston Meads in Blount county, passed Dec. 30th, 1822; An act to provide for the payment of the interest on the loan obtained for the use of the state, were severally read a 1st time, and ordered to be read a 2d time tomorrow.

On motion of Mr. Martin, Resolved with the concurrence of the Senate that both branches of the Legislature assembly in the Representative hall, on Thursday next, at the hour of 3 o'clock, P.M. for the purpose of electing twelve Trustees of the state University, which was adopted.  A bill to be entitled, an act to establish certain election precincts therein named, was read a 2d time.  Ordered that said bill be referred to a select committee, consisting of Messrs. Mead, Vining and Fluker.

Bills of the following titles, to wit: An act for the relief of Elijah Montgomery and Henry Gunnison; An act to incorporate the Spring creek navigation company; an act more effectually to ensure the accountability of public officers by providing the prompt settlement of public accounts; an act to amend an act, entitled an act to authorise Young A. Gray to convey certain real estate therein mentioned, passed Dec. 30th, 1823; and, An act to reduce the minimum price of the University lands, were severally read a 2d time, and ordered to be engrossed for a 3d reading tomorrow.

A bill, to be entitled an act to provide for the payment of jurors, was read a second time.  Mr. Martin moved, that the further consideration of said bill be indefinitely postponed, which was lost.  Yeas 20,  Nays 33.

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

Mr. Baylor

Farrar

Merriwether

Parham

Rather

Creagh

Mardis

Moore of M.

Perkins

Skinner

Edmondson

Martin

Moore of Ma.

Peyton

Tapscot

Exum

McCord

Moore of Mo.

Pickens of G.

White- 20.

Those who voted in the negative are,

Mr. Speaker

Cunningham

Green

Miller

Vining

Abercrombie

Dale

Hill

Oliver

Watson

Barton

Dickinson

Jones

Pickens of D.

Weissinger

Baxter

Byler

Dinsmore

Lanier

Pickett

Camp

Fleming

McVay

Shackleford

Worthington-33

Coleman

Fluker

Mead

Shotwell

Crenshaw

Gaines

Metcalf

Tindall

14


106

On motion of Mr. Pickett, ordered that said bill be referred to a select committee, consisting of Messrs. Pickett, Oliver, Crenshaw, and Weissinger.