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Friday, December 24, 1824.

The House met pursuant to adjournment.

Mr. McVay presented the petition of sundry inhabitants of the town of Moulton in Lawrence county, praying the incorporation of an academy in said town, an for other purposes, which was read and referred to a select committee, consisting of Messrs. McVay, McCord, Miller and Metcalf.

Mr. Ruffin from the committee on enrolled bills, Reported that they had examined and found correctly enrolled bills of the following titles. to wit: An act to alter the time of holding the next circuit court of Lawrence; An act to exempt the members of the Neptune Fire companies No. 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 incorporate the Montgomery Light Infantry Company; An act to abolish the June term of the Supreme court; An act to incorporate the Spring creek navigation company; An act to establish a permanent seat of justice in the county of Jackson, and for other purposes; and, 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; An act regulating the mode of taxing appeals taken from the decision of justices of the peace to the circuit and county courts in this state; An act to emancipate Gamaliel a slate; An act exempting the inhabitants of the town of Claiborne in Monroe county fro working on roads beyond the limits of said town; An act to regulate the sale of slaves by constables; An act concerning costs where suites are instituted in the name of one person for the use of another; An act to exempt persons from working on a certain state road, at a greater distance form their places of residence than if the same were a county road: An act to establish a certain road therein mentioned; 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 authorise the judge of the county court and commissioners of revenue and roads of Marengo county to lay a tax to build a court house and jail; An act to amend an act authorising Edwin Lewis to open and construct a road in Mobile county and for other purposes, passed Dec. 18th, 1821; 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 act amendatory to act entitled an act to establish a public road from the southern boundary line of township 8, range 4 or 5 west of the basis meridian of Huntsville, to the Falls of Tuscaloosa, passed Dec. 1820; 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. An act to provide for the transfer of stock issued by the state and for the renewal of lost certificates thereof; An act to provide for the payment of the interest on the loan obtained for the use of the state; An act to alter & amend an act authorising the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile; An act to extend the time of payment of part of the public revenue of Washington county: an act authorising the resident judge of the 3d judicial circuit to hold an intermediate court in Blount county for the purposes therein mentioned; An act to establish certain election precincts therein named; An act supplementary to, and amendatory of, the laws now in force regulating the appointment of auctioneers and sales at auction; An act to establish certain election precincts therein named; An act to authorise the Comptroller to issue his warrant on the state Treasurer in favor of N. E. Chandler for a certain sum therein named An act for the relief of John J. Burton and Stephen Holt; An act to establish road from the town of Montevallo to the town of Greensborough, and for other purposes; An act for the more effectual distribution of the journals of the Senate and of the House of Representatives; An act giving additional remedy against Constables; An act to alter the time of appointing overseers of roads and for other


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purposes; An act supplemental to an act passed at Cahawba on the 20th of Dec. 1825, entitled an act to appoint commissioners to improve the navigation of the Tennessee river; and An act explanatory of, and supplemental to, an act to establish the Bank of the State of Alabama.

Engrossed resolution, from the Senate, to ascertain the mode of voting most acceptable to the people, was read three times as amended and passed- Yeas 27, Nays 20.

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

Messrs. Abercrombie, Bagby, Barton, Baxter, Coleman, Cunningham, Dickinson, Dinsmore, Edmondson, Exum, Gaines, Lanier, Martin, McVay, McCord, Mead, Merriwether, Metcalf, Parham, Peyton, Pickett, Rather, Skinner, Tapscot, Weissinger, White, Worthington- 27.

Those who voted in the negative, are,

Mr. Speaker, Byler, Cook, Creagh, Crenshaw, Dale, Green, Hill, Jones, Miller, Moore of M. Moore of Mon, Morton, Perkins, Pickens of D. Pickens of G. Shotwell, Tindall, Vining, Watson- 20.

Engrossed bill to be entitled, an act for the establishing of rules for the orderly conducting of suites in equity, was read a 3d time, and the question being put, shall this bill pass? it was decided in the negative.

On motion of Mr. Skinner, the clerk is ordered to spread on the journal a bill to be entitled, an act the more effectually to prevent breaches of peace.

Memorial to the Congress of the United States respecting the sale of relinquished lands, from the Senate; was read a 2d time, and the rule requiring bills to be read on three several days being dispensed with, it was read a 3d time and passed. Ordered that the clerk acquaint the Senate therewith.

Mr. Speaker laid before the House a communication from the citizen of Coffeeville,  which was on motion of Mr. Creagh withdrawn.

Ordered that the House concur in the amendments made by the Senate to the bill to be entitled, an act to regulate pleadings at common law.

Ordered that the House concur in the two first amendments made by the Senate to a bill to be entitled, an act making appropriations for the year 1825.  They amend the last amendment made by the senate to said bill, by striking out the words 'two thousand,' and inserting in lieu thereof 'eighteen hundred.' Ordered that the clerk acquaint the Senate therewith.  A message was received from his excellency the Governor by James Il. Thornton, secretary of state, and is as follows:

Mr. Speaker, I am instructed by his excellency the Governor, to inform you that he did on the 23d inst. approve and sign the following acts, originating in your honorable body, to wit 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 courts of Mobile and Baldwin counties, passed during the present session of the general Assembly; An act to establish the town of Whitesburg and to 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 act to incorporate the murder creek navigation company, passed Dec. 15th, 1821, and for other purposes; An act to amend an act entitled an act to prevent the frauds and the fraudulent combinations in the sales of public lands within this state, passed at Huntsville on the 17th Dec. 1819.  And then he withdrew.

Message from the Senate by Mr. Lyon their secretary; Mr. Speaker, The Senate have read three times and passed bills originating in your honorable body entitled, An act for the better regulation of free persons of color within the counties of Mobile and Baldwin; An act to authorise the citizens of Florence to raise


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a sum of money to procure water for the use of said town; an act for the more effectual distribution of the Journals of the Senate and of the House of Representatives; An act to authorise the comptroller to issue his warrant on the State Treasurer, in favor of Narborne E. Chandler, for a sum therein named; An act to regulate pleadings at common law; An act making appropriations for the year 1825;  the two latter of which they have amended in the manner herewith shewn; in which amendments they desire your concurrence.  They have also passed a bill which originated in their House entitled, An act to alter the times of holding the courts in the first judicial circuit: in which they desire your concurrence.  And then he withdrew.

Ordered, that the House concur in the amendment made by the Senate to the engrossed bill entitled, an act to repeal so much of an act as requires persons to swear they will not retain spirituous liquors to Indians.  Ordered that the clerk acquaint the Senate therewith.

Message from the Senate, by Mr. Lyon, their secretary: Mr. Speaker, The Senate have read three time and passed bills, which originated in your House, entitled, an act authorising certain persons to sell real estate therein named; An act concerning the apportionment of hands liable to work on public roads in the county of Baldwin; An act to amend an act entitled an act to incorporate the trustees of the Claiborne academy; An act to confirm the title of sundry purchasers of land sold by the trustees of the University of Alabama, and for other purposes.  They recede from their amendment to the bill entitled, An act to establish additional election precincts in the counties of Lawrence, Baldwin, and Walker, by the addition of the second section, and by inserting Baldwin in the caption of the bill.  The senate concur in the amendments made by your honorable body to the bill entitled, An act supplementary 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.  They have also read three times and passed bills which originated in your House entitled, an act giving a lien on vessels in certain cases; An act to repeal in pat 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 making an appropriation for Thomas B. Childress; An act to emancipate the mulatto girl Margret, a slave of James Johnson of Mobile county; An act to compensate James Pugh for carrying the return so the election for brigadier general from Pike county to Cahawba; An act to authorise the county court of Bibb county to appoint some person to transcribe certain records of said court, and for other purposes; An act relative to securities of judges of county courts; An act for the relief of the heirs of Matthew C. Toulmin and Elizabeth Toulmin; An act for authorising the administrators of Nathaniel Henderson to sell real estate, and have amended th latter in the manner herewith shewn; in which amendment they desire your concurrence; An act to alter the third, fourth, and fifth judicial circuits, and to fix the time of holding the courts therein, and have amended the said bill in the manner herewith shewn; in which amendment they desire your concurrence; and, An act concerning the militia of this state, and have amended the same by striking out all of the first section after the enacting clause, and by striking on the words, “And be it further enacted,” in the second section, and also in the manner herewith shewn: in which amendments they respectfully also your concurrence.  They insist on their amendment to the bill entitled, An act to raise a revenue for the support of government until other wise provide for by law, by striking out '$200,' the tax on billiard tables, and inserting '$1000.' They recede from their amendment to said bill, by striking out '25 cents,' the tax on playing cards, and inserting '100 cents.'- They insist on their amendments to said bill by inserting the word 'loaned' after the words 'given away,' in the last of the 3d section of the bill.  They disagree to the amendment made by your honorable body to their amendment to the bill, by inserting the words 'except billiard tables,' in said amendment.


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Ordered that the House concur in the amendments made by the Senate to an engrossed bill to be entitled, an act authorising the administrators of Nathaniel Henderson, deceased, to sell real estate.

The House insist on their disagreement to the amendments made by the Senate to the bill to be entitled, an act to raise a revenue for the support of government until otherwise provided for by law.  The House insist on their amendment to the amendment made by the Senate to said bill: ordered that the clerk acquaint the Senate therewith.

The House disagree to the amendments made by the Senate to a bill to be entitled, an act concerning the militia of this state.  The House concur in the other amendments made to said bill.  Mr. Metcalf moved to lay the said bill on the table till the first day of January next, which was lost- Yeas 13- Nays 39.

The yeas and nays being called for, those who voted in the affirmative, are, Mr. Baylor, Byler, Cunningham, Hill, Jones, Lanier, McVay, McCord, Metcalf, Perkins, Peyton, Vining, Worthington- 13.  Those who voted in the negative, are, Mr. Speaker, Abercrombie, Bagby, Barton, Baxter, Coleman, Cook, Creagh, Crenshaw, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fluker, Gaines, Green, Mardis, Martin, Mead, Merriwether, Miller, Moore of J. Moore of Mar, Moore of Mon. Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shackleford, Shotwell, Sinner, Tapscot, Tindall, Watson, Weissinger, White- 39.

Ordered that the clerk acquaint the Senate therewith.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate disagree to the amendment made by your honorable body to their amendment to the bill entitled, an act making appropriations for the year 1825, by striking out 'two thousand,' and inserting 'eighteen hundred.'  Ordered, that the House recede from their disagreement to the amendment made by the Senate to the bill to be entitled, an act making appropriations for the year 1825, by striking out 'two thousand,' and inserting 'eighteen hundred.'

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, The Senate have read three times and passed bills, which originated in your House, entitled, an act to alter and amend the law concerning retailers, and have amended the title of the bill in the manner herewith shewn; and, An act to prevent the commission of trespass on the lands vested in the trustees of the University of Alabama, and for other purposes.  They have also passed, an act to provide for the payment of petit jurors in the counties therein named, and for other purposes; and have amended the same by striking out the word Madison, and by inserting Dallas after Autauga, in the first section: In which amendments they desire your concurrence.

The House disagree to the amendment made by the Senate to the bill entitled, an act to provide for the payment of petit jurors in the counties therein named, and for other purposes, by inserting the word Dallas after Autauga, and concur in striking out.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bill to be entitled, an act concerning the revenue of Mobile county, 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.

Resolution of thanks to James Monroe, President of the United States, was read a 3d time and passed.  Ordered that the same be sent to the Senate for their concurrence.


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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 3d time and passed.  Ordered that the clerk acquaint the Senate therewith.

Evening Session, 3 o'clock.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have read three times and passed a bill originating in your house entitled an act to authorise the Quarter-master-general to repair the state arsenal, and for other purposes, and have amended the same by striking out fifty in the first line of the 3d section and inserting one hundred, and by adding thereto an additional section, in which amendments they desire your concurrence.  Ordered that the House disagree to the amendment made by the Senate to the bill entitled, an act to authorise the Quarter-master General to repair the state arsenal and for other purposes, by striking out the word fifty and inserting one hundred and by adding thereto, an additional section.

Mr. Creagh obtained leave to introduce a bill to be entitled, an act to repeal in part and amend an act entitled an act to raise a revenue for the support of government until otherwise provide for by law, passed Dec. 27th, 1822, 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 the rule being further dispensed with, it was read a 3d time and passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for concurrence.

Engrossed joint resolution from the Senate authorising the Doorkeeper of the Senate to take charge of the public furniture, was read a 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 acquaint the Senate therewith.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker The Senate have read three times and passed, an act for the better organization of the militia of this state,  which originated in your house. They adhere to their amendments to the bill entitled, an act to raise a revenue for the support of government until otherwise provided for by law, to which your honorable body disagree.  They have also read three times and passed a joint resolution authorising the door-keeper of the Senate to take charge of the public furniture, in which they desire your concurrence.  They have adopted the following resolution in which they desire your concurrence, Resolved by the Senate, that with the concurrence of the House of Representatives, the two Houses will assembly in the Representatives chamber, this evening at 6 o'clock for the purpose of electing directors of the Bank of the state of Alabama, in the room of Alexander Pope, resigned, and David White and Thomas H. Wiley, who decline the appointment, and a member of the medical board at Mobile, in which they desire your concurrence.

Ordered that the House concur in the Resolution from the Senate proposing to convene in the Representative hall this evening at six o'clock, for the purpose of electing three directors of the Bank of the state of Alabama, in the place of Alexander Pope, resigned, and David White and Thomas H. Wiley, who declined the appointment, and

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a member of the medical board at Mobile.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bill to be entitled an act for the relief of Thos. B. Tunstall, was read a 1st time, and the rule which requires 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; Mr. Bagby moved to amend the same by way of engrossed rider, which was carried.  Mr. Bayler moved to amend the same by way of engrossed, which was carried.  Mr. Weissinger moved that the same bill lie on the table, till the 1st day of Jan. next, which was lost.  yeas 25 Nays 30.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Byler, Coleman, Creagh, Cunningham, Dickinson, Fluker, Green, Hill, Mardis, McVay, McCord, Merriwether, Metcalf, Moore of Ma. Pickens of G. Ruffin, Shackleford, Shotwell, Skinner, Tapscot, Vining, Watson, Weissinger, White, Worthington- 25. Those who voted in the negative, are

Mr. Speaker, Abercrombie, Bagby, Barton, Baylor, Baxter, Camp, Cook, Crenshaw, Dale, Dinsmore, Edmondson, Exum, Farrar, Fleming, Gaines, Jones, Lanier, Martin, Mead, Miller, Moore of J. Moore of Mo. Morton, Parham, Perkins, Peyton, Pickett, Rather, Tindall- 30.

And the question being put, shall this bill pass? it was decided in the affirmative- Yeas 29- Nays 25.

The yeas and nays being called for, those who voted in the affirmative, are Mr. speaker, Abercrombie, Bagby, Barton, Baylor, Baxter, Camp, Cook, Dale, Dinsmore, Edmondson, Exum, Farrar, Fleming, Gaines, Jones, Lanier, Martin, Mead, Miller, Moore of J. Moore of Mo. Morton, Parham, Perkins, Peyton, Pickett, Rather, Tindall- 29.  Those who voted in the negative are,

Mr. Byler, Coleman, Creagh, Cunningham, Dickinson, Fluker, Green, Hill, Mardis, McVay, McCord, Merriwether, Metcalf, Moore of Ma. Pickens of G. Ruffin, Shackleford, Shotwell, Skinner, Tapscot, Vining, Watson, Weissinger, White, Worthington- 25.

Ordered that the clerk acquaint the Senate therewith.

On motion of Mr. Baylor, Resolved that a committee on conference be appointed on the part of this House, consisting of four members, to wait on such committee as the Senate on their part may appoint, to confer with the members so appointed, and that they endeavor to adjust the difference of opinion existing between the two houses, relative to certain amendments made by the Senate to the revenue law, which passed this House, and that said committee be instructed to report accordingly: and have appointed on their part Messrs. Baylor, Crenshaw, White and Vining.

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have read three times and passed a memorial entitled, Memorial of the legislature of the state of Alabama on the subject of the claims of Col. Samuel Dale, in which they desire your concurrence.

Memorial of the legislature of the state of Alabama, on the subject of the claims of Col. Samuel Dale, was read a first time, and the rule which requires 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 3 time and passed.  yeas 38- Nays 5.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Speaker, Barton, Baylor, Byler, Coleman, Cook, Creagh., Crenshaw, Dickinson, Exum, Farrar, Fluker, Gaines, Green, Jones, Mardis, Martin, McCord, Mead, Merriwether, Moore of J. Moore of Ma. Moore of Mo. Parham, Perkins, Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shackleford, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White- 38.


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Those who voted in the negative are, Mr. McVay, Metcalf, Peyton, Shotwell, Miller- 5.

Mr. Dale from the select committee to whom was referred a resolution of this House requiring them to wait on P.H. Davenport, and to ascertain when and for what price he will furnish two portrait paintings for the use of the representative hall, the one of General Washington, and the other of General Lafayette, Reported a joint resolution authorising the Governor of this state to provide for the procuring of an accurate portrait painting of our illustrious fellow citizen General Lafayette, 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 2d time forthwith, and ordered to be read a 3d time tomorrow.

A message from his excellency the Governor, by James I. Thornton, Secretary of State.  Mr. Speaker, I am instructed by his excellency the Governor, to inform your honorable body, that he did on the 24th day of December, approve and sign the following acts: An act to improve the navigation of the port and harbor of Mobile; and a joint resolution in favor of major general La Fayette; An act to provide for the payment of slaves executed in pursuance of law; An act to alter and amend the charter of incorporate of the city of Mobile; An act concerning roads, highways, bridges, and ferries in the county of Mobile; An act to repeal in part an act regulating the fees of justices, constables and lawyers, and to ascertain the fees that the said officers are hereafter to receive; An act for the relief of Cyrus Sibley, and James L. Seabury, securities of Henry Wheat; Also an act to abolish the June term of the Supreme court; An act concerning costs where suites are instituted in the name of one person for the use of another; An act supplementary to, and amendatory of, the laws now in force, regulating the appointment of auctioneers, and sales at auction; An act to incorporate the Spring Creek navigation company. An act authorising the location and also of certain quarter sections of land, granted by Congress to the several counties of this state for seats of justice; An act to regulate the mode of taxing costs on appeals taken from the decision of the justices of the peace to the circuit and county courts in this state.

An act to regulate the sale of slaves by constables; An act to exempt the members of the Neptune Fire companies, Nos. 1, and 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 incorporate the Montgomery light infantry company; An act to establish a permanent seat of justice in the county of Jackson; and for other purposes.

Message from the Senate by Mr. Lyon, their secretary.  Mr. Speaker, the Senate have read three times and passed a bill for the relief of Thomas B. Tunstall, in which they desire your concurrence.

A message from his excellency the Governor, by James I. Thornton, Secretary of State.  Mr. Speaker, I am instructed by the Governor to inform your honorable body, that he did on this day approve and sign bills of the following titles, to wit: 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 emancipate Gamaliel a slave; An act amendatory to an act, entitled an act to establish a


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public road from the southern boundary line of township eight, in range four of rive west of the basis meridian of Huntsville, to the falls of Tuscaloosa, passed Dec. 1829; 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 to authorise the administration of Cadwalleder Lucy, deceased, to sell and convey certificates of land, upon which the first payment only has been made; An act to establish a certain road therein mentioned; an act to alter the time of holding the next circuit court of Lawrence county; And 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.  And then he withdrew.

Mr. Morton introduced the following resolution: Resolved that the Senate be invited to assemble in the representative hall for the purpose of electing three Directors of the Bank of the state of Alabama, and a member of the Medical Board at Mobile, in pursuance of a joint resolution heretofore adopted; and that the west end of the hall be appropriated for their reception, which was carried.  Ordered, that the clerk acquaint the Senate therewith.

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 proceeded to the election of three Directors of the Bank of the state of Alabama; one in the place of Alex Pope, resigned, and the other two in the place of David White and Thomas H. Wiley, who declared in accepting the appointment.  Fielding Vaughan, Robert G. Gordon, Jason Gardner, William Read and John W. Rinaldi being in nomination, the votes stood thus: For Mr. Vaughan 52-Gordon 50- Gardner 47- Read 25- Rinaldi 25.

The Speaker thereupon declared Fielding Vaughan, Robert G. Gordon, and Jason Gardner duly and constitutionally elected Directors of the Bank of the state of Alabama.

Those who voted for Mr. Vaughan are- Mr. President, Bibb, Conner, Crabb, Devereux, Hopkins, Metcalf, Moore, McVay, Powell, Shackleford, Sullivan, Wood, Bagby, Barton, Byler, Cook, Creagh, Crenshaw, Dale, Dickinson, Edmondson, Exum, Farrar, Gaines, Green, Hill, Jones, Lanier, Mardis, Martin, McVay, McCord, Mead, Merriwether, Miller, Moore of mon. Morton, Parham, Perkins, Peyton, Pickens of G. Rather, Ruffin, Skinner, Shotwell, Tapscot, Tindall, Watson, Weissinger, White, Worthington- 52.

Those who voted for Mr. Gordon, are- Mr. President, Conner, Crabb, Devereux, Hopkins, Moore, Murphy, Powell, Shackleford, Smith, Taggert, Mr. Speaker, Bagby, Barton, Baylor, Byler, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dickinson, Edmondson, Exum, Farrar, Fluker, Green, Hill, Lanier, Mardis, Martin, Mead, Merriwether, Moore of J. Moore of mar. Moore of mon. Morton, Parham, Perkins, Pickens of D. Pickens of G. Pickett, Ruffin, Shotwell, Tapscot, Tindall, Watson, Weissinger, White, Worthington- 50.

Those who voted for Mr. Gardner are- Mr. Bibb, Casey, Crabb, Devereux, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Sullivan, wood, Mr. Speaker, Bagby, Barton, Baylor, Byler, Coleman, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Edmondson, Exum, Fluker, Green, Jones, Lanier, Mardis, Martin, McVay, McCord, Merriwether, Metcalf, Miller, Moore of J. Moore of mon, Parham, Pickens of D. Pickett, Skinner, Tindall, Vining, Watson, Weissinger, Worthingham- 47.

Those who voted for Mr. Read, are- Mr. Casey, McCamy, Murphy, Smith, Sullivan, Taggert, Mr. Speaker, Baylor, Cook, Cunningham, Dale, Fluker, Gaines, Hill, McVay, Metcalf, Miller, Moore of J. Moore of Mar. Peyton, Pickens of D. Pickens of G. Rather, Shackleford, Vining- 25.


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Those who voted for Mr. Rinaldi, are- Mr. President, Casey, Conner, McCamy, Metcalf, McVay, Shackleford, Smith, Tagert, Wood, Mr. Coleman, Farrar, Gaines, Jones, McCord, Mead, Metcalf, Moore of mar. Peyton, Pickett, Rather, Shotwell, Skinner, Tapscot, Vining- 25.

The two Houses then proceeded to the election of a ember of the Medical Board at Mobile.  Ezekiel Webb alone being in nomination, the votes stood thus: For Mr. Webb 64.  The speaker thereupon declared Ezekiel Webb duly and constitutionally elected a member of the Medical Board at Mobile.

Those who voted for Mr. Webb, are- Mr. Bibb, Casey, Conner, Devereux, Hopkins, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Shackleford, Smith, Taggert, Wood, Mr. Speaker, Barton, Baylor, Byler, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Edmondson, Exum, Farrar, Fluker, Gaines, Green, Hill, Jones, Mardis, Martin, McVay, McCord, Mead, 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, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White; Worthington- 64.

Mr. Skinner moved that the engrossed bill entitled, an act more effectually to prevent breaches of the peace be spread upon the journal.

Sec. 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That hereafter if any person or persons within this state, shall be guilty of any riot, rout or affray, unlawful assembly, or breach of the peace, the person or persons so offending or committing any f the offences aforesaid, shall be answerable as hereinafter pointed out by this act.

Sec. 2.  And be it further enacted, that if any of the offences aforesaid should be committed by any person or persons within this state, in the presence of any justice of the peace, or should any justice of the peace be informed on oath, that any person or persons have been guilty of any of the aforesaid offences, that then or in either case it shall be the duty of said justice of the peace, to issue a warrant directed to any sheriff or constable of his county, commanding to apprehend the persons or persons guilty of any of the offences aforesaid, and to bring the person or persons so offending before him or some other justice of the peace, at such time and place as said justice shall point out, and it shall be the duty of such sheriff of constable to summon twelve jurors to attend at the time and place directed by said justice as aforesaid, who, after being sworn by said justice shall proceed to punish each offender by a fine not exceeding twenty dollars, and on the default of the payment thereof, shall be imprisoned not exceeding ten days.

Sec. 3.  And be it further enacted, that the fines arising by the provisions of this act, shall, when collected, by paid into the county treasury.

Sec. 4.  And be it further enacted, that nothing in this act shall be so construed as to authorise the trial of assaults and batteries with intent to kill or the crime of mayham in the manner herein provided for the trial of inferior offences.

Sec. 5.  And be it further enacted, that if an y person or persons be guilty of any of the offences numerated in the first section of this act, and should not be tried according to the provisions hereby enacted, the person or persons so offending shall be nevertheless punished as heretofore by the rules and principles of the common law.

Sec. 6.  And be it further enacted, that when any persons shall be fined as aforesaid and not able to pay said fine, may be exonerated from imprisonment by giving bond with approved security, payable so the county treasurer, or his successors in office, for the payment of said fine and cost, which bond shall be made payable ninety days after date.

Sec. 7.  And be it further enacted, that each constable shall be entitled to receive the sum of twelve and a half cents for each juror he may summon in pursuance of this act, which shall be taxed in the bill of costs, and collected from the party convicted.

House adjourned till tomorrow morning, 10 o'clock.