Wednesday, Dec. 22, 1824.

Mr. Vining from the committee on roads, bridges and ferries, to whom was referred an engrossed bill form the Senate to be entitled, an act to alter the time of appointing overseers of roads, and for other purposes, reported the same with amendments; in which the House concurred.  It was then read a second time, and the rule which requires that bills should be read on three several days being dispensed with, it was read a 3d time forthwith and passed.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate to be entitled, an act supplemental to an act, passed at Cahawba on the 20th day of Dec. 1823, entitled an act to appoint commissioners to improve the navigation of the Tennessee river.  Mr. Weissinger moved to amend said bill by adding an additional section thereto, which was lost.  Yeas 19, Nays 28.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Barton, Baylor, Crenshaw, Cunningham, Dale, Dinsmore, Fleming, Green, Hill, Jones, Mardis, Mead, Merriwether, Moore of J. Peyton, Rather, Shackleford, Weissinger, White- 19.

Those who voted in the negative, are,

Mr. Speaker, Abercrombie, Byler, Coleman, Cook, Creagh, Dickinson, Edmondson, Exum, Fluker, Gaines, Lanier, Martin, McVay, McCord, Metcalf, Miller, Moore of mar. Moore of mon. Perkins, Pickens of D. Shotwell, Skinner, Tapscot, Tindall, Vining, Watson Worthington- 28.

Mr. Fleming moved to strike out the words 'fifteen hundred,' where they occur in the second section, with a view to insert 'twelve hundred and fifty' in lieu thereof, which was carried.  The same was ordered to be read the third time tomorrow.

Mr. Bagby presented the petition of the trustees of the Claiborne academy, which was read and referred to a select committee, consisting of Messrs. Bagby, Moore of Mon. and Baylor, to consider and report thereon.

Engrossed bills of the following titles, to wit, An act to alter and amend an act entitled an act to establish the Bank of the state of Alabama; An act to regulate pleadings at common law, 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 bill to be entitled an act more effectually to prevent breaches of the peace, was read a third time.  Mr. Merriwether moved that the further consideration of said bill be indefinitely postponed, which was lost.  Yeas 26, Nays 28.

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

Mr. Speaker

Crenshaw

Farrar

Mardis

Perkins

Bagby

Dale

Exum

Merriwether

Pickens of D.

Barton

Dickinson

Fleming

Moore of Mo.

Pickens of G.

Cook

Dinsmoor

Fluker

Morton

Ruffin

Creagh

Edmondson

Green

Jones

Parham

Vining- 26

19


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Those who voted in the negative are,

Mr. Abercrombie

Hill

Metcalf

Rather

Watson

Baylor

Lanier

Miller

Shackleford

Weissinger

Byler

Martin

Moore of J.

Shotwell

White

Coleman

McVay

Moore of Mo.

Skinner

Worthington-28

Cunningham

McCord

Peyton

Tapscot

Gaines

Mead

Pickett

Tindall

Mr. Fleming moved to postponed the further consideration of the same until the first day of June next, which was carried.  Yeas 28, Nays 27.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Speaker, Bagby, Barton, Cook, Creagh, Crenshaw, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fleming, Fluker, Green, Jones, Mardis, Merriwether, Metcalf, Moore of Mo. Morton, Oliver, Parham, Perkins, Pickens of D. Pickens of G. Ruffin, Vining- 28.

Those who voted in the negative, are

Mr. Abercrombie, Baylor, Baylor, Coleman, Cunningham, Gaines, Hill, Lanier, Martin, McVay, McCord, Mead, Miller, Moore of J. Moore of Mar. Peyton, Pickett, Rather, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Watson, Weissinger, White, Worthington- 27.

The House concur in the amendment made by the Senate to an engrossed bill to be entitled an act giving additional remedy against constables.  Ordered, that the clerk acquaint the Senate therewith.

The House recede for their disagreement to the amendment made by the Senate to an engrossed bill to be entitled an act to regulation the sale of slaves by constables, by striking out ten and inserting twenty, in the second section of said bill. Ordered, That the clerk acquaint the Senate therewith.

The House concur in the amendment made by the Senate to an engrossed bill to be entitled an act to regulate the mode of taxing costs on appeals taken from the decision of the justices' courts to the circuit and county courts in this state.  Ordered, that the Senate be informed thereof.

Ordered, that the House concur in the amendments made by the Senate to an engrossed bill, 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.  Ordered, that the Senate be informed thereof.

Engrossed bill to be entitled an act to extend the time of payment of part of the public revenue of Washington county, 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 read a 3d time tomorrow.

Message from his excellency the Governor, by James I. Thornton, secretary of state.

EXECUTIVE DEPARTMENT, Dec. 22, 1824.

Gentlemen of the Senate and of the House of Representatives,

I present you with a communication from the Board of Trustees of the University.

I am respectfully, &c.

ISRAEL PICKENS.

And then he withdrew.

Ordered, that said message with the accompanying documents be referred to a select committee, consisting of Messrs. Oliver, Barton, and Creagh.


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Mr. Bagby from the select committee, to whom was referred the petition of the trustees of Claiborne academy, reported a bill to be entitled an act to amend an act, entitled an act to incorporate the trustees of the Claiborne academy, 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 third reading tomorrow.

Engrossed bill to be entitled an act making appropriations for certain claims against the state, was amended by way of engrossed rider, 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.

Message from his excellency the Governor, by James I. Thornton, secretary of state.

EXECUTIVE DEPARTMENT, Dec. 22, 1824.

Gentlemen of the Senate and of the House of Representatives,

I have received letters from Thomas H. Wiley, and David White, esquires notifying that they decline the appointment conferred on them by the General Assembly as Directors of the bank of the State of Alabama.

I have tho't it not only most fit, but also most consistent with the wishes of the acting directors, to submit all cases of vacancy happening during your session, to the Legislature.

I am respectfully, &c.

ISRAEL PICKENS.

And then he withdrew.

Ordered, that the House concur in the amendments made by the Senate to an engrossed bill, to be entitled an act supplementary to, and amendatory of, the laws now in force regulating the appointment of auctioneers and sales at auction.  Ordered, that the Senate be informed thereof.  Mr. Fleming moved to reconsider the vote just given on the bill aforesaid, which was carried.  Mr. Fleming moved to amend the amendment of the Senate made to the first section by adding except Madison county in which the number may be six, in which the House concurred.  Ordered, that the Senate be informed thereof.

Mr. Oliver from the select committee, to whom was referred the Governor's message, with the accompanying documents, reported a bill to be entitled an act respecting entries of lands of the university, and for other purposes, 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 time forthwith, and ordered to be engrossed for a third reading tomorrow.

Mr. Bagby from the judiciary committee to whom was referred a bill to be entitled an act relative to the securities of judges of the county courts, Reported the same with sundry amendments, in which the house concurred: the said bill was then read a 2d time, and ordered to be engrossed for a 3d reading tomorrow.

Engrossed bill to be entitled an act authorising the administrators of Nathaniel Henderson, deceased, to sell real estate; Mr. Metcalf moved to amend said bill by way of engrossed rider, which was carried; the same was then read a 3d time and passed.

Engrossed bill to be entitled an act to abolish the June term of the Supreme court, was read a 3d time; Mr. Martin moved to amend said bill by way of engrossed rider, which was carried; and the question being put, shall this bill pass?  it was decided in the affirmative.  Yeas 36- Nays-  16.


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The yeas and nays being called for, those who voted in the affirmative, are Mr. Speaker, Bagby, Barton, Baylor, Cook, Creagh, Dale, Dickinson, Dinsmore, Edmondson, Exum, Fluker, Gaines, Green, Hill, Jones, Lanier, Mardis, Martin, McCord, Mead, Metcalf, Moore of J. Moore of mar, Morton, Oliver, Parham, Peyton, Pickens of G. Rather, Ruffin, Shackleford, Skinner, Tapscot, Vining, White- 36.

Those who voted in the negative, are

Mr. Abercrombie, Byler, Coleman, Cunningham, Farrar, McVay, Meriwether, Miller, Perkins, Pickens of D. Pickett, Shotwell, Tindall, Watson, Weissinger, Worthington- 16.

Ordered that the title be as aforesaid.

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

Ordered that Mr. Oliver have leave of absence for the remainder of the session.

Evening Session 3 o'clock.

Engrossed bills of the following titles, to wit: An act to alter the punishment for counterfeiting and forgery; An act authorising sheriffs and coroners to execute certain process; An act concerning costs where suites are instituted in the name of one persons for the use of another; An act giving lien on vessels in certain cases; An act to authorise the judge of the county court and commissioners of revenue and roads of Marengo county to levy a tax to build a court-house and jail were severally read a 3d time, & passed.  Ordered that the titles be as aforesaid, and that the same be sent to the Senate for concurrence.

Engrossed bill of the following titles, to wit: an act to alter the time of holding the circuit courts in the 2d judicial circuit; An act to authorise the Quarter-master general to repair the state arsenal, and for other purposes, were severally read a 3d time and laid on the table.

Engrossed bill to be entitled an act for the speedy attainment of justice in certain cases, was read a 3d time, Mr. Bagby moved to amend the same by way of engrossed rider, which was carried; the question being put, shall this bill pass?  it was decided in the affirmative; ordered that the title be as aforesaid, and that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled an act authorising the distribution of arms and accoutrements to certain volunteer corps in the county of Madison and for other purposes, was read a 3d time, and the question being put, shall this bill pass?  it was decided in the negative.

Bills of the following titles, to wit: An act for the better regulation of free persons of colour within the limits of Mobile and Baldwin; An act concerning the apportionment of hands liable to work on public roads in the county of Baldwin; An act to authorise the Comptroller to issue his warrant on the state Treasury in favor of Norborne E. Chandler for a certain sum therein named; an act to provide for the payment of petit jurors in the counties therein named and for other purposes; An act concerning the militia of this state; An act to repeal in part an act to regulate the proceedings in law and equity in this state passed Dec. 14, 1819; An act to authorise Martha Prater to emancipate certain slaves therein named; an act amending the law concerning the peace; An act to prevent the commission of trespasses on the lands vested in the trustees of the University of Alabama and for other purposes; An act to amend an act to regulate patrols and for other purposes, passed Dec. 17th, 1819; An act authorising John S. Moore guardian of Milly Ann O. Murray to sell real estate; Resolution in relation to James Monroe; An act authorising certain persons to sell real estate therein named; An act for the more effectual distribution of


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the journals of the Senate and of the House of Representatives; An act to authorise the citizens of Florence to raise a sum of money to procure water for the use of said town; an act for the relief of the heirs at law of the late Matthew C. Roulmin, which were severally read a 2d time, and ordered to be engrossed for a 3d reading tomorrow.

Bills of the following titles, to wit: an act to amend an act, passed Dec. 20th, 1820, entitled an act concerning executions and sales by sheriffs, and for other purposes; An act for the relief of Theophilius L. Toulmin; An act for the relief of the several Banks in this state; And An act for the relief of Wm. H. Robertson, were severally read the 2d time; on motion, ordered that the further consideration of the same be indefinitely postponed.

On motion, ordered that Mr. Creagh be added to the committee on enrolled bills.

Mr. Dale introduced the following resolution, Resolved that a select committee be appointed to wait on Mr. P.H. Davenport and ascertain when and for what amount he will furnish two portrait paintings for the use of the Representative Hall, one of Gen. Washington and one of Gen. Lafayette, and that said committee be instructed to report on or before 11 o'clock A.M. tomorrow: and on the question being put, shall said Resolution be adopted?  it was decided in the affirmative- Yeas 27, Nays 24.

The yeas and nays being called for, by Mr. Shotwell, those who voted in the affirmative, are

Mr. Abercrombie, Barton, Baylor, Cook, Dale, Dickinson, Edmondson, Exum, Farrar, Fluker, Gaines, Green, Hill, Lanier, Mardis, Martin, McCord, Mead, Merriwether, Morton, Parham, Perkins, Rather, Ruffin, Shackleford, Tindall, White- 27.  Those who voted in the negative, are, Mr. Speaker, Bagby, Byler, Coleman, Creagh, Crenshaw, Cunningham, Jones, McVay, Metcalf, Miller, Moore of J. Moore of mar. Moore of Mon, Peyton, Pickens of D. Pickens of G., Shotwell, Skinner, Tapscot, Vining, Watson, Weissinger, Worthington- 24.

Ordered that said Resolution be referred in Messrs. Dale, Lanier, Bagby, Ruffin, Miller, Morton, Weissinger, Moore of J. and White.

A message from the Senate by Mr. Stewart; Mr. Speaker, the senate have read three times and passed a bill originating in your honorable body, entitled an act to alter the time of holding the next circuit court of Lawrence county.  They concur in the amendment made by your honorable body, to a bill entitled an act to establish certain election precincts therein named.  They have read a 3d time and passed bills, which originate din your honorable body, entitled an act to emancipate Gamaliel, a slave; An act exempting the inhabitants of the town of Claiborne, in Monroe county, from working on roads beyond the limits of said town; An act to establish a certain road therein named; An act to incorporate the Spring Creek navigation company; 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; An act to establish certain election precincts therein named, and have amended the same by striking from the 18th section of the bill, the name of Aquilla Covenaugh, in which they desire your concurrence.  An act to establish in additional election precinct in the county of Lawrence, and have amended the same by adding thereto two additional sections, and by adding the


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words Baldwin and Walker, to the title of the bill, in which they desire your concurrence; An act to establish a roads from the town of Montevallo to the town of Greensborough, and have amended the name by adding thereto an additional section, and by adding the words and for other purposes to the title of the bill, in which amendments they also desire your concurrence.  They have also read a third time and passed a bill which originated in their House, entitled an act explanatory of, and supplementary, to, an act to establish the bank of the state of Alabama, in which they desire your concurrence.

And then he withdrew.