Thursday, December 2d.

The House met pursuant to adjournment.

Mr. Vining from the committee on Roads, bridges and ferries, to whom was referred a bill to be entitled, an act to incorporate the Minette bridge company,  Reported said bill with amendments, in which the House concurred.  Ordered, that said bill be read a 2d time tomorrow.

Mr. Mead from the select committee to whom was referred the accounts of Thomas Martindale, Arnold Thomason, Austin Hood & Wm. Gilbreath: as also the petition of John J. Burton, Report that they conceive the said accounts to be county charges, and not such as by law, are authorised to draw on the state treasury, in which report the House concured.

Mr. Fluker presented the petition of John J. Burton, which was referred to a select committee, consisting of Messrs.  Fluker, Creagh and Ruffin.

Mr. Mead from the select committee to whom was referred a bill to be entitled an act to alter and establish the boundary lines between certain counties therein named, Reported the same amended, by striking out the 3d section thereof, in  which amendment the House concured.

Mr. Mead from the select committee, to whom was referred an engrossed bill from the Senate, to be entitled an cat to establish a county therein named and for other purposes; Reported said bill with an amendment, in which the House concurred.

Mr. Mead from the select committee, to whom was referred a bill to be entitled an act to alter the place of selling lands and negroes by the sheriff of Bibb county in certain cases, reported a bill to be entitled an act to alter the place of selling lands and negroes by the sheriff of Bibb county, in certain cases; which was read a second time, and ordered, to be engrossed for a third reading tomorrow.

Mr. Pickett from the select committee, to whom was referred the petition of the representatives of Benjamin Averett, reported a bill to be 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; was read a first time and ordered to be read a second time tomorrow.


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Mr. Cook presented the record and proceedings of the circuit court of Butler county, exercising chancery jurisdiction in the case of Samuel Payne against Elizabeth Payne for divorce, which was referred to the committee on divorce and alimony.

Mr. Pickens of G. presented the petition of sundry inhabitants of Greene county, praying the passage of a law, authorising the sale of the 16th section, in township 20, range 5, which was read and referred to the committee on schools, colleges and school and university lands.

On motion of Mr. Mardis, Resolved, that the committee on accounts be instructed to make provision by law for the payment of the assessors of this state, for taking the census, for the present year and that the committee have leave to call on the secretary of state, for the aggregate amount of population of each county, and that the secretary be hereby required to furnish the chairman of the committee with the same.

Mr. Weissinger presented a statement shewing the amount of rents of school lands in Perry county, which was ordered to be referred to the committee on schools, colleges and universities, and school and university lands.

Mr. Mead presented the account of M. T. Brindley for making a return of the election of electors of President and Vice-President, which was referred to the committee on accounts.

Mr. Parham offered the following resolution, Resolved that with the concurrence of the Senate, that two houses will proceed at the hour of 3 o'clock, on Saturday next, to the election of trustees of the university of Alabama, and  judges of the county courts in the several counties where vacancies exists, with the exception of Clarke.

On motion of Mr. Pickens of G. Ordered that said Resolution lie on the table.

On motion of Mr. Parham, Resolved that in the committee on schools, colleges and universities, and school and university lands, be instructed to inquire into the expediency of allowing entries of half quarter sections, to be made of the university lands.

A bill to be entitled, an act to alter the time of holding the circuit courts in the second judicial circuit, was read the 2d time, and ordered to be referred to the judiciary com. to consider and report thereon.

A bill to be entitled, an act regulating appeals in criminal cases, was read the 2d time. Ordered, that said bill be referred to the committee on the judiciary to consider and report thereon.

A joint resolution in relation to Major General LaFayette, was read the 2d time, and ordered to be engrossed for a 3d reading tomorrow.

Mr. Ruffin from the joint committee on enrolled bills, reported, as correctly enrolled, An act declaring Cotaco in Morgan county a public highway; An act for the relief of Charles Pearson; An act to repeal part of an act entitled, an act to authorize Rebecca Fletcher to emancipate a certain slave therein named, passed Dec. 29th, 1823; An act to establish the Mobile society of literature; and, a Resolution in relation to certain objects of internal improvement within the state of Alabama; which were accordingly signed by Mr. Speaker.

A bill to be entitled an act to provide for the payment of jurors in the counties of Blount and St. Clair, was read the 2d time, and ordered

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to be referred to a special committee, consisting of Messrs.  Mead, Oliver and Coleman, to consider and report thereon.

An engrossed bill to be entitled, an act to amend the law now in force in this state, for the punishment of the crime of horse-stealing, was read the 3d time, and ordered to lie on the table.

On motion of Mr. Barton, Resolved that the committee on schools colleges & universities and school and university lands, be instructed to enquire into the expediency of providing by law for the location of the quarter sections of land, granted as preemptions to the several counties of this state, in which public lands are situate, by an act passed at the last session of the Congress of the United States.

Engrossed bill to be entitled, an act appointing agents to select a certain quarter section of land for the county of Shelby, and for other purposes, was read a 3d time, amended by way of rider, and passed.

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

Engrossed joint Resolution, authorising the comptroller to issue his warrant in favor of Edward Herndon, for services as assistant adjutant general, was read a 3d time and passed. Ordered, that the title be as aforesaid & that the same be sent to the Senate for their concurrence.

 A bill to be entitled, an act exempting persons of a certain description from taxation, was read a 2d time; ordered that the same be engrossed for a 3d reading tomorrow.

Engrossed Resolution, proposing amendments to the constitution of the state of Alabama, was read a 3d time and lost. Yeas 32, Nays 24.

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

Mr. Abercrombie

Farrar

Martin

Morton

Skinner

      Byler

Fleming

McVay

Parham

Tapscot

      Camp

Gaines

McCord

Perkins

White

      Coleman

Hill

Mead

Peyton

Worthington

      Cunningham

Jones

Metcalf

Rather32.

      Edmondson

Lanier

Moore of J.

Shackleford

      Exum

Mardis

Moore of Ma.

Shotwell

Those who voted in the negative, are,

Mr. Speaker

Creagh

Fluker

Oliver

Tindall

       Barton

Crenshaw

Green

Pickens of D.

Vining

       Baylor

Dale

Merriwether

Pickens of G.

Watson

       Baxter

Dickinson

Miller

Pickett

Weissinger-24

       Cook

Dinsmoor

Moore of Mo.

Ruffin

Mr. Byler moved that said Resolution be spread upon the journals, which was carried. Said Resolution is in the following words and figures, to wit:  Engrossed Resolution proposing amendments to the constitution of the state of Alabama.

Resolved, by the Senate and House of Representatives of the state of Alabama in General Assembly convened, that the following amendments to the Constitution, be proposed for the consideration of the people. Article 3, Section 2, The members of the House of Representatives shall be chosen by the qualified electors and shall serve for the term of two years, from the day of the commencement of the General election. Section 3rd, The Representatives shall be chosen every second year on the first Monday in August, until otherwise directed by law.  Section 5th, every white male person of the age of twenty-one years or upwards, who shall be a citizen of the United States, and shall have resided in this state six months, next preceding an election, and the last three months within the county, city or town, in which he appears to vote, shall be deemed a


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qualified elector.  Provided that no soldier, seaman, marine in the regular army or navy, of the United States, shall be entitled to vote at any election in this state; provided also, that no elector shall be entitled vote, except in the county, city, or town entitled to separate Representation in which he may reside, at the time of the election. Section 12th Senators shall be chosen by the qualified electors for the term of four years, at the same time in the same manner & at the same places, as the members of the House of Representatives, and no person shall be a Senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this state, two years next preceding his election, and the last year thereof, a resident of the district for which he shall be chosen, and shall have attained to the age of twenty-five years. Section 13th, Those amendments proposed to the Constitution of the state of Alabama, shall take effect, and be in force, from and after the first day of August 1828, and from and after that period, the General Assembly shall hold their session once in every two years, and no more, except an extraordinary occasions, as is provided in Article 4th, Section 8th.  Article 4th, Section  24th,  A sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of two years, unless sooner removed; should a vacancy occur, subsequent to an election, it shall be filled by the Governor as in other cases, and the person so appointed shall continue in office until the next General election for Representatives, when such vacancy shall be filled by the qualified electors, and the sheriff then elected, shall continue in office for two years, and shall again be eligible under restrictions made by law.

And then the House adjourned ‘til 3 o'clock P. M.

Evening Session- Mr. Abercrombie from the select committee to whom was referred a bill to be entitled an act vesting in the judge and commissioners of roads and revenue, the power of altering any state road running through their respective counties, Reported a bill to be entitled an act vesting in the judges of the county courts and the commissioners of roads and revenue the power of altering any state road that may run through their respective counties. Mr. Mead offered the following amendment, which was adopted, Provided the road shall intersect before it leaves the county in which it is altered; was read a 2d time, and re-committed to the same committee. Ordered, that Mr. Creagh be added to said committee.

An engrossed bill to be entitled, an act to repeal in part and amend an act, passed Dec. 17th, 1823, authorising Matthew Harbeson, adm. of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named, was read a 3d time and passed. Ordered that the title be as aforesaid, and that the same be sent to the Senate for their concurrence.

On motion of Mr. McVay, Resolved, that the committee on roads, bridges and ferries, be instructed to inquire into the expediency of repealing so much of the 6th section of an act, entitled an act to reduce into one the several acts concerning roads, bridges, and ferries, passed Dec. 21st, 1820, as makes it the duty of overseers of roads, to notify the clerks of the county courts of their accepting the appointment with leave to report by bill or otherwise.

On motion of Mr. Watson, Resolved, that the committee on county boundaries be instructed to inquire into the expediency of forming a new county, from the counties of Henry and Covington, and that they report by bill or otherwise.

On motion of Mr. Oliver, the House took into consideration a bill to be entitled an act, to repeal in part the act, regulating the fees of justices, constables and lawyers.


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Mr. McVay moved, that said bill be postponed till the first day of June next, which was lost.     Yeas 19, Nays 36.

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

Mr. Byler

Hill

McCord

Perkins

Skinner

      Coleman

Jones

Mead

Peyton

Tapscot

      Cunningham

Lanier

Metcalf

Shackleford

Tindall- 19

      Gaines

McVay

Moore of Ma.

Shotwell

Those who voted in the negative, are,

Mr. Speaker

Crenshaw

Fluker

Moore of Mo.

Rather

       Abercrombie

Dale

Green

Morton

Ruffin

       Barton

Dickinson

Mardis

Oliver

Vining

       Baylor

Edmondson

Martin

Parham

Watson

       Baxter

Exum

Merriwether

Pickens of D.

Weissinger

       Camp, Cook

Farrar

Miller

Pickens of G.

Worthington

       Creagh

Fleming

Moore of J.

Pickett

White- 36.

Ordered, That said bill be engrossed and made the order of the day for a third reading tomorrow

A 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, passed Dec. 17th, 1821, and for other purposes; was read a second time; and ordered to be engrossed for a third reading tomorrow.

Engrossed bill to be entitled an act requiring plaintiffs to give security for the costs of suit in all actions sounding in damages, which may be hereafter commenced.

Mr. Creagh moved, that said bill be indefinitely postponed, which was lost. Ordered, that said bill be referred to the judiciary committee.

An engrossed bill, to be entitled an act to authorise the representatives of Malachi Gould, deceased to sell certain real estate; was read a third time. Ordered, that said bill lie on the table.

Engrossed bill to be entitled an act, to repeal an act entitled an act to establish regular justices' courts, was taken up and read a third time Ordered, that said bill lie on the table.

Engrossed joint resolution authorising the Governor to issue arms to volunteer companies of infantry therein named, 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.

The committee appointed by the House of Representatives to join the committee appointed on the part of the Senate to examine and report the situation of the state arsenal, and the public arms therein, have met the committee of the Senate, and have performed the duty assigned them, and are ready to report when it is the pleasure of the House to receive the report.

From the examination they have been able to make, they find all the new arms in very good order, many of the old arms have been repaired and are now in like good order.  The arsenal will require a new roof and to be ceiled; your committee would suggest the propriety of purchasing some coarse baize to line the boxes in which the guns are kept: they also recommend an appropriation of _____ dollars for the above purpose, and to employ a person to rub and oil the guns at least once a year.

For the further information of the House, they beg leave to present the report of the quarter master general.  Ordered, that the same be referred to the military committee.