Monday, December 20, 1823.

The House concurred in the amendments made by the Senate to the engrossed bill to be entitled An act to repeal in part an act regulating the fees of justices, constables, and lawyers, and to ascertain the fees that said officers are hereafter to received.

A message from the Senate, by Mr. Burke their assistant clerk: Mr. Speaker, the Senate concur in the amendments made by your honorable body to the bill entitled an act to alter the time of holding the county courts in the counties of Tuscaloosa, Greene, ad St. Clair. They have read three times and passed a bill which originated in your honorable body, entitled An act to amend an act to authorise Young A. Gray to convey certain real estate therein mentioned, passed Dec. 30th, 1823.  They have also read three times and passed a bill which originated in their House, entitled an act amendatory to the several laws now in force for the relief of insolvent debtors, in which they desire your concurrence.  And then he withdrew.


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Engrossed bills of the following titles, to wit: An act making appropriations for the year 1825; An act to emancipate Gamaliel a slave, An act for the relief of John J. Burton, and ______  Holt, 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.

Ordered, that the House concur in the amendment made by the Senate to an engrossed bill to be entitled an act for the relief of Cyrus Sibley, and James L. Seabury.

Mr. White from the select committee, to whom was referred an engrossed bill to be entitled an act to alter the time of holding the next circuit court of Lawrence county,  Reported the same without amendment, in which the House concurred.  Said bill was then 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.

Ordered, that the House concur in the amendments made by the Senate to an engrossed bill to be entitled an act to provide for the raising of a fund for the support of an academy and a hospital in the county of Baldwin.  Ordered, that the clerk acquaint the Senate therewith.

An engrossed bill to be entitled an act exempting persons of a certain description from taxation, was read a 3d time and laid on the table.

Engrossed bill to be entitled an act to raise a revenue for the support of the government, until otherwise provided for by law; Mr. Barton moved to amend said bill by way of an engrossed rider, which was lost.    Yeas 17, Nays 33.

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

Mr. Abercrombie

Edmondson

Martin

Oliver

Rather- 17.

Bagby

Exum

Mead

Parham

Barton

Gaines

Moore of J.

Perkins

Baylor

Green

Moore

Pickett

Those who voted in the negative, are,

Mr. Speaker

Crenshaw

Jones

Moore of Ma.

Tapscot

Baxter

Cunningham

Lanier

Moore of Mo.

Tindall

Byler

Dickinson

McVay

Peyton

Vining

Camp

Farrar

McCord

Pickens of D.

Weissinger

Coleman

Fleming

Merriwether

Pickens of G.

Worthington-33.

Cook

Fluker

Metcalf

Shotwell

Creagh

Hill

Miller

Skinner

Said bill was then 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.  Ordered, that the House insist upon their disagreement to the amendment made by the Senate, to an engrossed bill to be entitled an act to regulate the sale of slaves by constables, by striking out the word ten and inserting twentyOrdered, that the clerk acquaint the Senate therewith.  Engrossed bills of the following titles, to wit: An act to provide for the transfer of stock issued by the state, and for the renewal of lost certificates thereof; An act to alter and amend an act authorising the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile, were severally read a 3d time and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate to be entitled an act to authorise the county treasurer of the county of St. Clair to pay a certain sum of


135

money therein named, to Arnold Thomason, and Austin Hood, was read a 3d time.  Mr. Creagh moved that the further consideration of said bill be indefinitely postponed, which was carried.

An engrossed bill from the Senate to be entitled an act, supplemental to an act, passed at Cahawba on the 20th day of December, 1823, entitled an act to appoint commissioners to improve the navigation of the Tennessee river, was read a first time, and ordered to be read a 2d time tomorrow.

Engrossed bill to be entitled an act more effectually to secure the revenue arising to the state from licenses, granted by the clerks of the county courts, 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 bill to be entitled an act to establish a road therein mentioned, was read a 2d time; and ordered to be engrossed for a 3d reading tomorrow.

An engrossed bill from the Senate to be entitled an act to amend an act, authorising Edwin Lewis to open and construct a road in Mobile county, and for other purposes was read a first time and the rule which requires that bills should be read on three several days being dispensed with, it was read a 2d time forthwith, and the rule being further dispensed with, it was read a 3d time and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, entitled an act to alter the time of appointing overseers of roads, and for other purposes, was read a 2d time.  On motion, Ordered, that it be referred to the committee on roads, bridges, &c.

Engrossed bill from the Senate, entitled an act to amend the attachment laws of this state, was read the first time, and the rule requiring bills to be read on three several days being dispensed with, the same was read a 2d time forthwith; and on motion, Ordered, that it be referred to the judiciary committee.

Engrossed bill from the Senate, to be entitled an act to amend an act, entitled an act concerning strays, was read a 3d time.  Mr. Creagh moved that the further consideration of said bill be indefinitely postponed, which was carried.

The following communication was received from the Governor by J. I. Thornton, esq. secretary of state:

EXECUTIVE DEPARTMENT, December 20, 1824.

Gentlemen of the Senate and of the House of Representatives,

    I have received the resignation of Alexander Pope, esq, who was recently elected a director of the Bank of the state: I lay before you a copy of his letter of resignation; and a copy will also be laid before the board of Directors of the Bank of the state, who will no doubt proceed to fill the vacancy in conformity to the 6th fundamental rule contained in the 9th section of the charter, should no other disposition be made by the General Assembly.  I am very respectfully,

ISRAEL PICKENS.

Ordered that the said message be referred to the Bank committee.

Engrossed bill to be entitled an act to change the mode of appointing assessors and tax collectors; Mr. Crenshaw moved to lay said bill on the table, which was lost- Yeas 24- Nays 24.


136

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

Mr. Barton

Dickinson

Green

Oliver

Skinner

Baylor

Edmondson

Martin

Parham

Tindall

Camp

Exum

Mead

Perkins

Worthington

Creagh

Farrar

Merriwether

Pickens of D.

White- 24.

Crenshaw

Fluker

Moore of Mo.

Pickens of G.

Those who voted in negative, are

Mr. Speaker

Cunningham

Lanier

Moore of J.

Shotwell

Abercrombie

Fleming

McVay

Moore of Ma.

Tapscot

Byler

Gaines

McCord

Morton

Vining

Coleman

Hill

Metcalf

Peyton

Weissinger-24.

Cook

Jones

Miller

Rather

Mr. _________ moved that the further consideration of said bill be postponed till the 1st day of Jan. next, which was carried.  Yeas 24, Nays 26.

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

Mr. Barton

Edmondson

Martin

Perkins

Tindall

Baylor

Exum

Mead

Pickens of D.

Worthington

Camp

Farrar

Merriwether

Pickens of G.

White- 27.

Creagh

Fluker

Moore of Mo.

Pickett

Crenshaw

Green

Oliver

Ruffin

Dickinson

Mardis

Parham

Skinner

Those who voted in the negative are,

Mr. Speaker

Coleman

Hill

Jones

Miller

Rather

Abercrombie

Cook

Lanier

Moore of J.

Shotwell

Bagby

Cunningham

McVay

Moore of Ma.

Tapscot

Baxter

Fleming

McCord

Morton

Weissinger

Byler

Gaines

Metcalf

Peyton

Vining- 26.

Evening Session, 3 o'clock.

Mr. White from the select committee to whom was referred a bill to be entitled an act more effectually to prevent breaches of the peace, Reported the same with sundry amendments, in which the House concurred; said bill was then read a 2d time, and ordered to be engrossed for a 3d reading tomorrow.

Engrossed bills of the following titles, to wit: An act to incorporate the Spring creek navigation company; An act for the better organization of the militia of this state; An act to amend the 1st section of an act entitled an act amendatory to the laws now in force for the relief of insolvent debtors, passed June 15th, 1821, were severally read a 3d time and passed.  Ordered that the titles be as aforesaid, and 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 authorise the judge of the 3d judicial circuit to hold an intermediate court in Blount county for the purposes therein mentioned, was read a 3d time, and laid on the table.

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, were severally read a 3d time and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed Resolution from the Senate to ascertain the mode of voting most acceptable to the people, was read a 2d time: Mr. Merriwether moved that the further consideration of said Resolution be indefinitely postponed, which was lost- Yeas 26- nays 27.


137

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

Mr. Speaker

Farrar

Moore of J.

Pickens of D.

Tindall

Byler

Fluker

Moore of Mo.

Pickens of G.

Vining

Cook

Green

Jones

Morton

Pickett

Weissinger

Crenshaw

Merriwether

Oliver

Shackleford

Worthington

Dale

Miller

Perkins

Shotwell

Watson- 26.

Those who voted in the negative, are

Mr. Abercrombie

Coleman

Exum

McVay

Peyton

Barton

Cunningham

Fleming

McCord

Rather

Baylor

Dickerson

Gaines

Metcalf

Skinner

Baxter

Dinsmore

Hill

Lanier

Moore of Ma.

Tapscot

Camp

Edmondson

Martin

Mead

Parham

White- 27.

The said bill was then referred to a select committee, consisting of Messrs. Tindall, Metcalf and Lanier.

Engrossed bill from the Senate to be entitled an act to repeal in part and amend the several acts for the suppression of fire hunting,was read a 3d time and laid on the table, till the 1st day of Jan. 1825.

Message from the Senate by Mr. Burke their assistant clerk: Mr. Speaker, the Senate have read three times and passed bills which originated in your honorable body entitled an act to alter and establish the boundary lines between certain counties therein named; and An act to provide for the payment of slaves executed in pursuance of law, and have amended the same, by striking out the 5th section, and by adding to the bill an additional section, in which amendment they desire your concurrence.  They have also read three times and passed a bill which originated in their house, entitled an act to alter the time of holding the county courts of Tuscaloosa, Bibb, Madison, Green and St. Clair counties, in which they desire your concurrence; and then he withdrew.

Engrossed bill from the Senate entitled an act giving further time in which executions shall be made returnable when issued by justices of the peace from one county to another, was read the 2d time, and ordered to a 3d reading on tomorrow.

Engrossed bill from the Senate, entitled an act to alter the time of holding the county courts of Tuscaloosa, Bibb, Madison, Greene, and St. Clair counties, was read the first time, and the rule requiring bills to be read on three several days being dispensed with, it was read a 2d time forthwith, and the rule being further dispensed with, it was read a 3d time and passed.  Ordered, that the clerk inform the Senate thereof.

Engrossed bill from the Senate, entitled an act to establish certain election precincts therein named, was read the first time, and the rule requiring bills to be read on three several days being dispensed with, it was read the 2d time forthwith.  On motion, ordered that it lie on the table.

Engrossed bill to be entitled an act authorising and requiring the treasurer of  Blount county to pay to Daniel Ayres a certain sum of money for apprehending, guarding and committing to the jail of said county, certain persons charged with horse stealing, was read a first time, and indefinitely postponed.

Mr.  Byler  moved to reconsider a vote taken on yesterday, on an engrossed bill to be entitled an act to change the mode of appointing assessors and tax collectors, which was carried.  Mr. Martin moved, that the further consideration of said bill be postponed till the first day of January next, which was carried.  Yeas 29, Nays 27.


138

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

Mr. Barton

Dickinson

Green

Oliver

Ruffin

Baylor

Dinsmore

Mardis

Parham

Skinner

Camp

Edmondson

Martin

Perkins

Tindall

Creagh

Exum

Mead

Pickens of D.

White

Crenshaw

Farrar

Merriwether

Pickens of G.

Worthington-29.

Dale

Fluker

Moore of Mo.

Pickett

Those who voted in the negative are,

Mr. Speaker

Cook

McVay

Morton

Vining

Abercrombie

Cunningham

McCord

Peyton

Watson

Bagby

Gaines

Metcalf

Rather

Weissinger-27.

Baxter

Hill

Miller

Shackleford

Byler

Jones

Moore of J.

Shotwell

Coleman

Lanier

Moore of Ma.

Tapscot

Mr. Creagh from the bank committee, reported a bill to be entitled an act to alter and amend an act entitled an act to establish the branch of the state Bank of Alabama, which was read a first time, and the rule which requires that bills should be read on three several days being dispensed with, it was read a 2d time forthwith, and ordered to be engrossed for a 3d reading tomorrow.

Engrossed bill to be entitled an act for the relief of  Wm. M. Marr, was read a 3d time.  Mr. Martin moved that the further consideration of said bill be indefinitely postponed, which was carried.  Yeas 43, Nays 8.

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

Mr. Speaker

Cunningham

Martin

Parham

Tapscot

Bagby

Dickinson

McVay

Peyton

Tindall

Barton

Edmondson

McCord

Pickens of D.

Vining

Byler

Exum

Merriwether

Pickens of G.

Watson

Camp

Fleming

Metcalf

Pickett

Weissinger

Coleman

Green

Miller

Ruffin

White

Cook

Hill

Moore of Ma.

Shackleford

Worthington-43.

Creagh

Jones

Moore of Mo.

Shotwell

Crenshaw

Lanier

Oliver

Skinner

Those who voted in the negative, are Messrs. Abercrombie, Baylor, Gaines, Mardis, Mead, Morton, Perkins, Rather- 8.

Mr. Perkins from the select committee, to whom was referred to a bill to be entitled an act altering the times of holding the courts in the 3d judicial circuit, reported a substitute in lieu thereof.