Thursday, December 23, 1824.

Mr. Ruffin from the committee on enrolled bills, reported that he had examined and found correctly enrolled bills of the following titles, to wit: An act for improving the navigation of the part and harbor of Mobile; An act to establish the town of Whitesburg and incorporate its trustees; An act concerning prisons and prisoners; an act altering the sale days of lands and slaves in parts of the counties of lawrence and Franklin; An act to repeal in part and amend an act entitled an act to incorporate the Murder Creek navigation company, passed December the fifteenth, one thousand eight hundred and twenty one, and for other purposes; 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; An act to provide for the raising of a fund for the support of an academy and an hospital in the county of Baldwin; An act supplemental 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 of the General Assembly; An act amendatory to an act concerning divorce, passed December 21st, 1820; an act to provide for the opening and keeping in repair a certain road therein described; An act pointing out the manner by which the streets in the town of Greensborough shall be opened and kept in good order; An act for rendering the decision of civil cases more speedy and less expensive than heretofore; 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 receive: An act to alter and amend the charter of incorporation of the city of Mobile; An act concerning roads, highways, bridges, and ferries in the county of Mobile; An act for the relief of Cyrus Sibley, and James L. Seabury, securities of Henry Wheat; An act to provide for the payment of slaves executed in pursuance of law.

Mr. Mardis presented the petition of sundry citizens of Shelby county in relation to the seat of justice in said county,  which was read and referred to the committee on propositions and grievances.

Mr. Crenshaw from the committee on propositions and grievances, to whom was referred the petition of John Stubble field, praying an alteration in the law regulating the public ferries across the rivers Alabama and Cahawba at the town of Cahawba, reported that they have had the same under consideration, and are of opinion that the prayer of the said petition should not be granted, in which the House concurred.

Mr. Crenshaw from the same committee to whom was referred the


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petition of the judge of the county court, and commissioners of roads and revenue of Greene county,  Reported that they have had the same under consideration and are of opinion that the prayer of the said petition would not be granted, in which the House concurred.

Mr. Miller obtained leave to introduce a bill to be entitled an act to annex a part of Jackson county to Madison county, 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 3d reading this evening.

Mr. Creagh introduced the following Resolution; Resolved that the House of Representatives, with the concurrence of the Senate, will proceed this evening at 6 o'clock,  to elect three directors for the state Bank, in the place of Alexander Pope, resigned, and David White and Thomas H. Wiley, who have declined the appointment; and also a member of the medical Board, for the city of Mobile.

Engrossed bills of the following titles, to wit: an act relative to the securities of judges of the county courts; 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 alter the 3d, 4th, and 5th judicial circuits and fix the time of holding the courts therein; An act to authorise the Quarter-master general to repair the state arsenal, and for other purposes; An act to alter the time of holding the circuit courts in the 2d judicial circuit.

Engrossed bill from the Senate to the be entitled an act to extend the time of payment of part of the public Revenue of Washington county was read a 3d time and passed.  Ordered that the clerk acquaint the Senate therewith.

Ordered that the House concur in the amendments made by the Senate to an a engrossed bill to be entitled an act to establish a Road from the town of Montevallo to the town of Greensborough and for other purposes.  Ordered that the clerk acquaint the Senate therewith.

Ordered, that the House disagree to the amendments of the Senate to an engrossed bill to be entitled an act to establish an additional election precinct in the counties of Lawrence, Baldwin and Walker, by inserting in the caption of the same, Baldwin, and by inserting the 2d section in the same. Ordered that the House concur in the other amendments to the same.   Ordered, that the clerk acquaint the Senate therewith.

Mr. Watson introduced the following resolution: Resolved, that with the concurrence of the Senate, both branches of the General Assembly will convene in the representative chamber, this evening at half past 6 o'clock, for the purpose of electing a judge of the county court for the county of Dale.

A message from his excellency the Governor, by James I. Thornton, secretary of state: Mr. Speaker, I am instructed by his excellency to inform you that he did, on the 22d inst. approve and sign bills of the following titles, to wit: an act to establish a certain county therein named, and for other purposes.  An act to incorporate the Minette bridge company; 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; An act to authorise the representatives of Malachi Gould, deceased, to sell certain


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real estate, and for other purposes; An act providing for an extra term of the circuit court of Mobile and Baldwin counties;  Joint resolution authorising the comptroller to issue his warrant in favor of Edward Herndon for services as assistant adjutant general; An act to amend an act entitled an act to authorise Young A. Gray to convey certain real estate therein mentioned, passed Dec. 30, 1823; An act to exempt the citizens of the town of Elyton in Jefferson county, and the town of Sommerville in Morgan county, and the town of Tuscumbia in Franklin county, from working on any roads beyond the limits of said towns; An act to repeal in part and amend an act, passed Dec. 17th, 1823, authorising Matthew Harberson, administrator of Samuel Harberson, deceased, to make conveyance of a certain tract of land therein named; An act to alter the place of selling lands and negroes by the sheriff of Bibb and Tuscaloosa counties in certain cases; An act for changing the compensation of the judge of the county court of Mobile county, and for other purposes therein mentioned; An act the better to provide for the punishment of escapes; An act to repeal an act entitled an act to establish regular justices' courts in this state, passed the 30th Dec. 1823;  An act to provide for compensating the electors for President and Vice President of the United States; An act to alter and establish the boundary lines between certain counties therein named; An act authorising and empowering the school commissioners of the 16th section, 4th town, and 7th range, in the district of lands old at Huntsville, to lease a small part thereof, for the purpose of having a mill erected thereon. 

Mr. Metcalf moved to reconsider a voted taken on yesterday to an engrossed bill to be entitled, an act more effectually to prevent breaches of the peace, which was carried.  Said bill was then read a third time and amended by way of engrossed rider.  Mr. Fleming moved that it lie on the table till the first June next, which was lost.  Yeas 26, Nays 28.  those who voted in the affirmative, are,

Mr. Speaker, Barton, Baxter, Cook, Creagh, Crenshaw, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fleming, Fluker, Green, Jones, Mardis, Martin, Meriwether, Moore of Mon, Parham, Perkins, Pickens of D. Pickens of G. Ruffin, Vining, White, Dale- 26.

Those who voted in the negative, are,

Mr. Abercrombie, Baylor, Byler, Coleman, Cunningham, Gaines, Hill, Lanier, Martin, McVay, McCord, Mead, Metcalf, Miller, Moore of J. Moore of Mar. Morton, Peyton, Pickett, Rather, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Watson, Weissinger, Worthington- 28.

and the question being put, shall this bill pass?  it was decided in the negative. Yeas 25,  Nays 30.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Abercrombie, Baylor, Byler, Coleman, Cunningham, Gaines, Lanier, McVay, McCord, Mead, Metcalf, Miller, Moore of J. Moore of mar. Morton, Peyton, Pickett, Rather, Shackleford, Shotwell, Skinner, Tapscot, Watson, Weissinger, Worthington- 25.

Those who voted in the negative, are

Mr. Speaker, Bagby, Barton, Baxter, Cook, Creagh, Crenshaw, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fleming, Fluker, Green, Hill, Jones, Mardis, Martin, Merriwether, Moore of Mon. Parham, Perkins, Pickens of D. Pickens of G. Ruffin, Tindall, Vining, White - 30.

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, was read a 3d time.


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Mr. Pickens of G. moved to amend said bill by way of engrossed rider, in the following words at the end of the bill, "And be it further enacted, That the sum of five hundred dollars be, and the same is hereby appropriated for the purpose of examining the Tuscaloosa river, for which the comptroller is hereby directed to issue his warrant in favor of George Starr, Richard Inge, Willis Crenshaw, Thomas H. Herndon, and Seth Barton, on the application of any two of them," which was lost.  Yeas 14- Nays 39.

The yeas and nays being called for, those who voted for the amendment, are Messrs. Barton, Edmondson, Farrar, Gaines, Hill, McCord, Merriwether, Moore of Mar. Moore of Mon, Perkins, Pickens of G. Ruffin, Tindall, Weissinger- 14.

Those who against its adoption, are Mr. Speaker, Abercrombie, Bagby, Baxter, Byler, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Exum, Fleming, Fluker, Green, Jones, Lanier, Mardis, Martin, McVay, Mead, Metcalf, Miller, Moore of J. Morton, Parham, Peyton, Pickens of D. Pickett, Rather, Shackleford, Shotwell, Skinner, Tapscot, Vining, Watson, White, Worthington- 39.  The question was then put, shall this bill pass? and decided in the affirmative- Yeas 29- Nays 24.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Speaker, Barton, Baxter, Byler, Cook, Cunningham, Dale, Dinsmore, Edmondson, Exum, Fleming, Gaines, Lanier, Martin, McVay, McCord, Mead, Metcalf, Miller, Moore of J. Morton, Perkins, Payton, Rather, Ruffin, Skinner, Tapscot, Vining, White- 29.

Those who voted in the negative, are,

Messrs. Abercrombie, Bagby, Coleman, Creagh, Crenshaw, Dickinson, Farrar, Fluker, Green, Hill, Jones, Mardis, Merriwether, Moore of mar. Parham, Pickens of D. Pickens of G. Pickett, Shackleford, Shotwell, Tindall, Watson, Weissinger, Worthington- 24.

Engrossed bill from the Senate entitled, an act explanatory of, and supplemental to, an act establish the Bank of the state of Alabama, 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 the rule being further dispensed with, the same was read the 3d time & passed.  Ordered that the clerk acquaint the Senate therewith.

Ordered that the House concur in the amendments made by the Senate to an engrossed bill to be entitled, an act to establish certain election precincts therein named.  The House adjourned till 3 o'clock.

Evening Session, 3 o'clock.

Engrossed bill to be entitled, an act to annex a part of Jackson county to Madison county; was read a 3d time and passed.  Ordered that the title be as aforesaid; ordered that the clerk acquaint the Senate therewith, for their concurrence.

Engrossed bills of the following titles to wit: An act to confirm the title of sundry purchasers of lands, sold by the trustees of the University of Alabama, and for other purposes; An act to amend an act entitled an act to incorporate the trustees of the Claiborne academy; An act concerning the apportionment of hands liable to work on public roads in the county of Baldwin; An act concerning the militia of this state; An act for the more effectual distribution of the Journals of the Senate and House of Representatives; An act for the relief of the heirs of Matthew C. Toulmin and Elizabeth Toulmin; An act amending the law concerning the poor; An act to repeal in part an act entitled an act to regulate the proceedings in the courts of law and equity in this state, passed Dec. 14th, 1819; 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 authorising certain persons to sell real estate there-

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in named; An act to authorise Martha Prater to emancipate certain slaves therein named; An act to provide for the payment of petit jurors in the counties therein named, and for other purposes; An act for the better regulation of free persons of color within the counties of Mobile and Baldwin; were severally read a third time and passed.- Ordered that the same be sent to the Senate for their concurrence.

Engrossed resolution to ascertain the mode of voting most acceptable to the people, was recommitted to the same committee to whom it was heretofore referred.

A message from the Senate by Mr. Lyon:

Mr. Speaker, The Senate concur in the resolution of your honorable body proposing to go into the election of Judge of the county court of Dale this evening at 6 o'clock.  They have read three times and passed a bill which originated in your honorable body entitled, An act to exempt persons from working on a certain state road at a greater distance from their places of residence than if the same were a county road.  They have adopted the following resolution, in which they desire your concurrence. “Resolved, that the committee on accounts and claims in the House of Representatives, be requested to furnish the committee of accounts and claims in the Senate, with the evidence, in their possession of the accounts and claims specified in the appropriation bill sent from the House of representatives to the Senate.”  They concur in the amendment made in your honorable body to their amendment to the bill entitled, An act supplementary to, and amendatory of the laws now in force regulating the appointment of auctioneers and sales at auction.  They have also read three times and passed bills originating in your honorable body, entitled, an act to abolish the June term of the Supreme court; An act concerning costs where suits are instituted in the name of one persons for the use of another.

Engrossed bill to be entitled, an act to amend an act to regulate patrols, and for other purposes, passed dec. 17th, 1819, was read a 3d time, and the question being put, shall this bill pass?  it was decided in the negative.

Mr. Mead introduced the following resolution: Resolved that the Governor be requested to lay before this House the communication of David White and Thomas H. Wiley, declining the appointment of Directors of the state Bank.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have read three times and passed a bill originating in your honorable body entitled, An act to raise a revenue until otherwise provided for by law; and have amended the same in the manner herewith shewn; in which amendments they ask your concurrence.  And then he withdrew.

Message from his excellency the Governor, by James I. Thornton, secretary of state, and is as follows:

EXECUTIVE DEPARTMENT, December 23, 1824.

Gentlemen of the House of Representatives,

In compliance with the resolution of the House of Representatives, I have the honor to lay before you the letters from Thomas H. Wiley and David White, Esquires, declining the acceptance of the appointment conferred on them as Directors & the State Bank.

I am, respectfully, &c.   ISRAEL PICKENS.

Ordered, that the House disagree to the amendments made by the Senate to an engrossed bill to be entitled, an act to raise a revenue for the support of government until otherwise provided for by law, by striking out the words two hundred, in the third section of said bill, and inserting in lieu thereof, one thousand.  They concur in the 2d amend-


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ment made by the Senate in the same section of said bill, by inserting the words or keno, after the word  loto.  They concur in the 3d amendment made by the Senate in said section, and have amended the same in the manner herewith shewn.  The disagree to the other two amendments made by your honorable body, to the said 3d section in said bill. They concur in the amendment made by your honorable body to the 4th section in said bill.  Ordered, that the same be sent to the Senate for their concurrence.

Six o'clock- Mr. Barton obtained leave to introduce a bill to be entitled, an act concerning the revenue of Mobile county,  which was read a 1st time, and the rule requiring bills to 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 bills of the following titles, to wit: an act authorising John S. Moore, guardian of Willy Ann O. Murray, to sell real estate, An act to prevent the commission of trespass on the lands vested in the trustees of the University of Alabama, 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.      Message from the Senate, by Mr. Lyon, their secretary:

Mr. Speaker, The Senate concur in the amendments made by your honorable body to the bill entitled, An act to alter the time of appointing overseers of roads and for other purposes.  They have read three times and passed bills which originated in your house entitled, An act to authorise the administrator of Cadwallader Lucy, deceased, to sell and convey certain certificates of land upon which the first payment only had been made; An act to incorporate the Montgomery light infantry company; An act to exempt the members of the Neptune fire companies, Nos. 1 & 2, of the city of Mobile from militia and patrol duty and for other purposes; An act authorising Isaac Pugh to transfer certain real estate therein named; 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; An act for the relief of John J. Burton and Stephen Holt: the latter of which they have amended in the manner herewith shewn: in which amendment they desire your concurrence.  They have also read three times and passed a bill which originated in your honorable body entitled, An to amend the first section of an act entitled an act amendatory to the laws now in force of the relief of insolvent debtors, passed June 15th, 1821, and have amended the same, by adding thereto an additional section: in which amendment they desire your concurrence.  They have also read three times and passed bills originating in their House entitled, An act concerning the African slaves, lately ordered by the district court of the United States in this state, to be sold, and for other purposes: An act supplemental to, and amendatory of, an act entitled an act to revise, consolidate and amend the several acts in relation to justices of the peace and constables, passed Dec. 27th, 1814, and for other purposes; A resolution to authorise the President and Directors of the Bank of the state of Alabama to build a fire proof vault for said Bank; and, A memorial to the Congress of the United States, respecting the sale of relinquished lands; in all of which they desire your concurrence.

The House concur in the amendments by the Senate to an engrossed bill to be entitled 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 145th, 1821; Ordered that the House concur in the amendments made by the Senate to an engrossed bill to be entitled an act for the relief of John J. Burton and Stephen Holt.

On motion of Mr. Morton, Resolved that the Senate be informed that


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this House is now ready to go into the election of the judges of the several county courts, and that the west end of the hall of the House of Representatives be prepared for there reception.

Memorial to the Congress of the United States, respecting the sale of relinquished lands, was read a 1st time, and the rule requiring bills to be read on three several days being dispensed with, it was read a 2d time forthwith, and referred to special committee, consisting of Messrs White, Vining, and Tindall.

Engrossed Resolution from the Senate, to authorise the President and Directors of the Bank of the state of Alabama to build a fire proof vault for said bank, was read a 1st time and postponed till the 1st Monday in Nov. next.  Engrossed bill from the Senate to be entitled an act supplemental to, and amendatory of, an act to revise, consolidate and amend the several acts, relative to justices of the peace and constables, passed Dec. 27th, 1814, and for other purposes, was read a 1st time and laid on the table till the 1st day of June next.

An engrossed bill from the Senate to be entitled an act concerning the African slaves, lately ordered by the District court of the United States in this state to be sold, and for other purposes, was read a 1st time, and the rule requiring bills to 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.

Resolution proposing to elect five commissioners to select a site or sites for the permanent location of the seat of Government, was read the 3d time, and on motion, ordered that it lie on the table until the 1st day of June next.

The Senate having repaired to the hall of the House of Representatives and the President having announced the object of the meeting: The two houses then proceeded to elect a judge of the county court for the county of Fayette, Jesse Vanhouse being the only person in nomination, the votes were for Mr. Vanhouse, 66.  The Speaker thereupon declared Mr. Vanhouse duly elected judge of the county court of Fayette county.

These who voted for Mr. Vanhouse, are

Mr. President, Casey, Conner, Crabb, Hopkins, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Shackleford, Smith, Sullivan, Taggert, Wood, Mr. Speaker, Abercrombie, Barton, Baylor, Baxter, Byler, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fluker, Gaines, Green, Hill, Jones, Lanier, Martin, McVay, McCord, Merriwether, Metcalf, Miller, Moore of J. Moore of Ma. Moore of Mo. Morton, Parham, Perkins, Peyton, Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White, Worthington- 66.

The two houses then proceeded to the election of a judge of the county court of Covington county.  John W. Devereux being the only person in nomination, the votes stood thus --- For Mr. Devereux, 67. The Speaker thereupon declared John W. Devereux duly elected judge of the county court of Covington county.  Those who voted for Mr. Devereux are the same as those who voted for Mr. Vanhouse, with the addition of Mr. Bagby, who voted for Mr. Devereux.

The two houses then proceeded to the el3ection of a judge of the county court of the county of Dale; Peletiah Whitehurst alone being in nomination: the voted stood thus: For Mr. Whitshurst 67.  The Speaker thereupon declared Peletiah Whitehurst duly elected judge of the county court of the county of Dale.  Those who voted for Mr. Whitehurst are the same as those who voted for Mr. Devereux.

And then the House adjourned till tomorrow morning 10 o'clock.