Wednesday, December 15, 1824.

Mr. Barton presented the account of the jailor of Mobile county, which was referred to the committee on accounts.

Mr. Mardis presented the petition of sundry citizens of Shelby and Bibb county, praying the passage of a law for opening a road, was read and referred to a select committee, consisting of Messrs. Pickens of G. Jones, Hill, Mardis & Weissinger to consider and report thereon.

Mr. Barton presented the petition of sundry citizens of Mobile, praying the passage of a law to be relieved from too heavy taxation on cattle, which was read and laid on the table.

Mr. Barton presented the petition of a number of persons of color of the city of Mobile, which was read and laid on the table.

Mr. Farrar from the military committee, to whom was referred a bill to be entitled an act for the better organization of the militia of this state, reported the same with sundry amendments, in which the House concurred.  Ordered, that the same be engrossed for a third reading tomorrow.

Mr. Crenshaw from the committee on propositions and grievances, to whom was referred the petition of Joseph Gist: report that they have had the same under consideration, and are of opinion that the prayer of said petition should not be grated, in which the House concurred.

Mr. Crenshaw from the same committee, to whom was referred a resolution of this House, instructing them to inquire into the expediency of exempting persons above the age of forth-five years from performing patrol duty, reported a bill to be entitled an act to amend an act to regulate patrols and for other purposes, passed Dec. 17, 1819, which was read a 1st time, and ordered to be read a 2d time tomorrow.

A message from the Senate, by Mr. Lyon their Secretary.  Mr. Speaker: The Senate concur in the amendments made your honorable body to the following bills, to wit: an act appointing out the manner by which the streets in the town of Greensborough shall be opined and kept in good order: and An act concerning public roads in the county of Montgomery.  They have also read three times and passed a bill which originated in your honorable body, entitled an act to authorise Armstrong Mitchell, executor, and Elizabeth Averett, executrix of the last will and testament of Benjamin Averett, deceased, to transfer certain real estate.  They have also read three times and passed bills which originated in their House of the following titles, to wit: an act to repeal in part and amend the several acts for the suppression of fire hunting; An act to authorise the resident judge of the third judicial circuit to hold an intermediate court in Blount county for the purposes therein mentioned; An act giving further time in which executions shall be made returnable when issued by justices of the peace, from one county to another; and a resolution to ascertain the mode of voting most acceptable to the people, in which they desire your concurrence.  And then he withdrew.

Mr. Barton from the select committee, to whom was referred an 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


107

county to appoint a public weigher in the city of Mobile, reported the same with an amendment, which the House disagreed to.  Yeas 12, Nays 41.

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

Mr. Barton

Crenshaw

Dinsmoor

Martin

Cook

Dale

Mead

Pickens of D.

Creagh

Dickinson

Moore of Mo.

Parham- 12.

Those who voted in the negative, are

Mr. Speaker

Edmondson

Lanier

Moore of J.

Shotwell

Abercrombie

Exum

Mardis

Moore of Ma.

Skinner

Baylor

Farrar

Martin

Oliver

Tindall

Baxter

Fleming

McVay

Perkins

Vining

Byler

Fluker

McCord

Peyton

Watson

Camp

Gaines Green

Merriwether

Pickens of G.

Weissinger

Coleman

Hill

Metcalf

Pickett

Worthington

Cunningham

Jones

Miller

Shackleford

White- 41.

Said bill was then read a second time, and ordered to be read a 3d time tomorrow.

Mr. Mead from the select committee, to whom was referred the bill to be entitled an act to establish certain election precincts therein named; Reported the same with sundry amendments, which were concurred in by the House.  The bill was then read a second time. On motion, ordered to be engrossed for a third reading on tomorrow.

Mr. Creagh from the select committee, to whom was referred a bill from the Senate to be entitled an act to alter the time of holding the county courts of Tuscaloosa, Green and St. Clair counties; reported the same with sundry amendments, in which the House concurred; Said bill was then read a 2d time, and ordered to be read a third time tomorrow.

Mr. Coleman from the select committee, to whom was referred an engrossed bill, to be 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: Reported said bill with an amendment, in which the House concurred.  Said bill was then read a 2d time, and ordered to be read a third time tomorrow.

Mr. Watson obtained leave to introduce a bill to be entitled an act to repeal in part, an act to regulate the proceedings in law and equity in this state, passed Dec. 14th, 1819, which was read a first time; and ordered to be read a second time tomorrow.

The House took into consideration an engrossed bill from the Senate 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 third time, and the question being put, shall this bill pass?  It was decided in the affirmative.  Yeas 38, nays 19.

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

Mr. Speaker

Dinsmore

Lanier

Moore of Ma.

Skinner

Barton

Edmondson

Martin

Morton

Tapscot

Baylor

Exum

McVay

Oliver

Tindall

Byler

Farrar

McCord

Perkins

Vining

Camp

Fleming

Merriwether

Peyton

Weissinger

Coleman

Fluker

Metcalf

Pickens of G.

Worthington-38

Cook

Gaines

Miller

Rather

Cunningham

Green

Moore of J.

Shotwell


108

Those who voted in the negative, are,

Mr. Abercrombie

Crenshaw

Mardis

Pickens of D.

Watson

Bagby

Dale

Mead

Pickett

White- 19.

Baxter

Dickinson

Moore of Mo.

Ruffin

Creagh

Hill

Jones

Parham

Shackleford

Ordered, that the clerk acquaint the Senate therewith,

Engrossed bills from the Senate of the following titles, to wit: an act to provide for the payment of the interest on the loan obtained for the use of the state; 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; which were severally read a second time, and ordered to a 3d reading tomorrow.

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 third time; and the question being put, Shall this bill pass?  it was decided in the negative.  Yeas 25, Nays 32.

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

Mr. Abercrombie

Coleman

Fluker

Morton

Ruffin

Bagby

Cook

McCord

Oliver

Skinner

Barton

Creagh

Mead

Pickens of D.

Tapscot

Baxter

Crenshaw

Moore of J.

Pickett

Weissinger

Camp

Dickinson

Moore of Ma.

Rather

White- 25.

Those who voted in the negative are,

Mr. Speaker

Edmondson

Lanier

Miller

Shackleford

Baylor

Exum

Martin

Moore of Mo.

Shotwell

Bayler

Farrar

Mardis

Parham

Tindall

Cunningham

Fleming

McVay

Perkins

Vining

Dale

Gaines Green

Merriwether

Peyton

Worthington

Dinsmore

Hill

Jones

Metcalf

Pickens of G.

Watson-32.

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate concur in the resolution, of your honorable body, proposing to go into the election of President and Directors of the Bank of the state of Alabama, Judges of the County Courts in the several counties where vacancies exist, and twelve Trustees of the State University, on tomorrow, at the house of 3 o'clock, P.M.

They also concur in the amendments made by your honorable body to the bill entitled, an act the more effectually to obtain the testimony of absent witnesses by interrogatories.  And then he withdrew.

Engrossed bill from the Senate to be entitled, an act amendatory to the several acts in relation to roads, bridges and ferries, was read a second time and laid on the table.

A bill to be entitled, an act for the relief of Wm. M. Marr, was read a second time and ordered to be engrossed for a 3d reading tomorrow.

Engrossed bills of the following titles, to wit: An act giving additional remedy against constables; An act for the relief of overseers of roads; were severally read a third time and passed.  Ordered, that the titles be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled, an act to reduce the minimum price of the university lands, was read a third time and laid on the table.

Engrossed bills from the Senate of the following titles, to wit: An act giving further time in which executions shall be made returnable when issued by justices of the peace from one county to another: An


109

act to repeal in part and amend the several acts for the suppression of fire hunting.

Mr. Perkins moved that the house disagree to the amendment made by the Senate to a bill to be entitled, an act to alter the place of selling lands and negroes by the sheriffs of Bibb and Tuscaloosa counties in this state, which was carried.  Ordered, that the Senate be informed thereof.

Engrossed resolution from the Senate, to ascertain the mode of voting most acceptable to the people was read a first time, and ordered to second reading tomorrow.

Engrossed bill to be entitled, an act more effectually to ensure the accountability of public officers by providing for the prompt settlement of public accounts, 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.

Engrossed bill to be entitled, an act for the relief of Elijah Montgomery and Henry Gunnison, was read a third time; and on 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

Farrar

Martin

Morton

Bagby

Dale

Fleming

Mead

Parham

Barton

Dickenson

Fluker

Metcalf

Perkins

Baylor

Dinsmore

Gaines

Miller

Peyton

Baxter

Edmondson

Jones

Moore of J.

Pickett

Camp

Exum

Lanier

Moore of Mo.

Those who voted in the negative, are

Mr. Speaker

Green

Oliver

Shotwell

Weissinger

Bayler

Hill

Pickens of D.

Skinner

Worthington

Coleman

McVay

Pickens of G.

Tapscot

White- 27.

Creagh

McCord

Rather

Tindall

Crenshaw

Merriwether

Ruffin

Vining

Cunningham

Moore of Ma.

Shackleford

Watson

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

A bill to be entitled, an act making appropriations for the year, 1825, was read a second time, and referred to the comm. of ways and means. A bill to be entitled, an act for the relief of John J. Burton and Holt, was read a second time, and ordered to be engrossed for a third reading tomorrow.

Mr. Perkins obtained leave to introduce a bill to be entitled, an act to prevent the commission of trespassed on the lands vested in the trustees of the University of Alabama, and for other purposes; which was read a 1st time and ordered to be read a second time tomorrow.

Mr. Bagby obtained leave to introduce a bill to be entitled, an act supplementary to an act entitled an act to authorise an extra term of the circuit court of Mobile and Baldwin counties, passed during the present session; which was read a 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 ordered to be engrossed for a third reading this evening.

Mr. Fleming obtained leave to introduce a bill to be entitled, an act authorising John S. Moore, guardian of Willy Ann O. Murray, to sell


110

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

Mr. Rather from the select committee to whom was referred a resolution directing them to inquire into the expediency of allowing persons where they live on the line dividing two townships and their improvements are in each, to make choice of the township he or they may prefer for educating their children, from the proceeds of the 16th section, Reported a joint resolution; in which the House refused to concur.

Mr. Oliver from the committee of enrolled bills, Reported that he had examined and found correctly enrolled, An act appointing agents to select a certain quarter section of land for the county of Shelby, and for other counties therein named.

Evening Session, 3 o'clock.

Mr. Byler introduced the following resolution: Resolved that the military committee be instructed to inquire into the expediency of so altering the law as to grant relief to the citizens of the Walker county, on account of their having to attend company musters at so great a distance, and to have leave to report by bill or otherwise; which was adopted.

Mr. Jones obtained leave to introduce a bill to be entitled, an act to exempt persons from working on a certain state road, at a greater distance for their places of residence, than if the same were a county road, which was read a 1st time, and the rule which requires that bills should be read on three several days being dispensed with, it was read a 2d forthwith, and ordered to be engrossed for a 3d reading tomorrow.

Mr. Pickens of C. obtained leave to introduce a gill to be entitled, an act to authorize the administrator of Cadwallader Lucy, deceased, to sell and convey certain certificates of land, upon which the first payment only has been made; which was read a first time, and the rule which requires that bills should b read on three several days being dispensed with, it was read a second time forthwith, and ordered to be engrossed for a third reading tomorrow.

Mr. Moore of Mon. from the select committee to whom was referred the petition of the administrators of Nathaniel Henderson, deceased, Reported a bill to be entitled, an act authorizing the administrators of Nathaniel Henderson, deceased, to sell real estate, which was read a first time, and ordered to be read a second time tomorrow.

Bills of the following titles, to wit: an act to amend the first section of an act entitled an at amendatory of the laws now in force for the relief of insolvent debtors, passed June 15th, 1821; An act to emancipate the mulatto girl named Margaret, a slave of James Johnston of Mobile county; An act to alter and amend the law concerning retailers; An act to incorporate the Montgomery light infantry company; An act to authorise Isaac Pugh to sell certain real estate; an act making appropriations for Thomas Childress; An act to repeal in part an act entitled an act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned, passed Dec. 17, 1821, and for other purposes; an act to exempt the members of the Neptune fire company No. 2, of the city of Mobile from militia and patrol duty, and for other purposes; An act authorising the county court of Bibb county to appoint some persons, to transcribe certain records of said court, and for other purposes, which were severally read a 2nd time, and ordered to be engrossed for a third reading tomorrow.


111

Bills of the following titles to wit: An act to establish a road therein mentioned; An act to authorize the distribution of arms and accoutrements to certain volunteer corps in the county of Madison; and for other purposes, which were severally read a second time and laid on the table.

Bills of the following titles, to wit: An act in relation to the securities of judges of the county courts; An act concerning costs where suites are instituted in the name of one person for the use of another; were severally read a 2d time, and referred to the judiciary committee.

Engrossed bill from the Senate, to be entitled an act to authorise the judge of the third judicial circuit to hold an intermediate court in Blount county, for purposes therein mentioned, was read a first time, and ordered to the be read a second time tomorrow.

A bill to be entitled an act concerning transient merchants, was read a second time, and referred to the committee of ways and means.

A bill to be entitled an act compelling county treasurers to keep their offices at or near the place of holding courts in each county, was read a second time; on motion of Mr. Creagh, Said bill was indefinitely postponed.

The joint resolution proposing to appoint one discreet person from each judicial district in this state to select sites for the location of the seat of government, and to report the same to the next General Assembly, was read a second time. On motion, Ordered, that it be referred to a select committee, consisting of Messrs. Perkins, Lanier, and Moore of Mon.

Bills of the following titles, to wit: An act to establish an additional election precinct in the county of Lawrence; An act regulating elections; An act amendatory to an act entitled an act to establish a public road from the southern boundary line of township eight in range four or five west of the basis meridian of Huntsville, to the falls of Tuscaloosa, passed Dec. 1820; and An act to emancipate Gamaliel a slave, were severally read a second time.  On motion, ordered that they be made the order of the day for a 3d reading on tomorrow.

Bills of the following titles, to wit: An act to diminish the necessity of tales jurors; and An act amendatory of the attachment laws of this state; were severally read a 2d time, on motion of Mr. Vining, they were referred to the judiciary committee.

A bill to be entitled an act altering the times of holding the courts in the third judicial circuit, was read a 2d time; on motion of Mr. Perkins, ordered that it be referred to a select committee, consisting of Messrs. Perkins, Pickens of G., and Farrar.

On motion of Mr. Morton, the House took into consideration a bill to be entitled an act to alter the mode of voting by the people, which was read a 2d time.  Mr. Lanier moved, that the further consideration of said bill be indefinitely postponed, which was carried.  Yeas 33, Nays 24.

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

Mr. Speaker

Crenshaw

Jones

Moore of Mo.

Shackleford

Abercrombie

Dale

Lanier

Oliver

Shotwell

Baylor

Dinsmoor

Mardis

Perkins

Vining

Byler

Farrar

McCord

Peyton

Watson

Coleman

Fluker

Merriwether

Pickens of D.

Weissinger-33

Cook

Green

Metcalf

Pickens of G.

Creagh

Hill

Miller

Pickett


112

Those who voted in the negative, are

Mr. Bagby

Dickinson

Martin

Morton

Tindall

Barton

Edmondson

McVay

Parham

Baxter

Exum

Mead

Ruffin

White

Camp

Fleming

Moore of J.

Skinner

Worthington-24

Cunningham

Gaines

Moore of Ma.

Tapscot

A joint resolution, authorising Wm. B. Allen, to copy the journals of the House of Representatives and of the Senate.  Mr. Bagby moved for leave to withdraw said resolution, which was granted.

Mr. White obtained leave to introduce a bill to be entitled an act to alter the time of holding the next circuit court of Lawrence county, which was read a first time; and the rule requiring that bills should be read on three several days being dispensed with; it was read a 2d time forthwith; and ordered to been grossed for a third reading tomorrow.

A bill to be entitled an act to compensate James Pugh, for carrying the returns of the election for brigadier general, from Pike county to Cahawba, was read a second time, and referred to a select committee, consisting of Messrs. Watson, Abercrombie, and Miller.

Engrossed bill of the following titles, to wit: An act supplemental to an act to authorise an extra term of the circuit court of Mobile and Baldwin counties, passed during the present session of the General Assembly; 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, which were severally read a third time and passed.  Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Ordered, That the House disagree to the amendments made by the Senate to a bill to be entitled an act to regulate the sale of slaves by constables in the second section, by striking out ten, and inserting twenty.  They agree to the other amendments made by the Senate, except as to the county of Tuscaloosa, in the last proviso.

Engrossed bills of the following titles, to wit: an act to alter and establish the boundary lines between certain counties therein named; An act to regulate the mode of taxing costs on appeals taken from the decision of justices' courts to the circuit & county courts in this state, 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.

And then the House adjourned till tomorrow morning at 9 o'clock.