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Saturday, December 25, 1824.

The House met pursuant to adjournment.

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 provide for the better organization of the militia of this state; an act to amend an act entitled an act to incorporate the trustees of the Claiborne academy; 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 to conform the title of sundry purchasers of lands sold by the trustees of the University of Alabama, and for other purposes; An act to compensate James Pugh for carrying returns of the election of brigadier general from Pike county to Cahawba; An act to repeal so much of an act as requires persons to swear they will not retail spirituous liquors to Indians; 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 making an appropriation for Thomas B. Childress; an act to establish additional election precincts in the counties of Lawrence and Walker; An act to amend the first section of act entitled an act amendatory of the laws now in force for the relief of insolvent debtors, passed June 15th, 1821; An act concerning the apportionment of hands liable to work on public roads in the county of Baldwin; An act for better regulation of free persons of color in the counties of Mobile and Baldwin; An act authorising certain persons to sell real estate therein named; 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 relative to the securities of judges of the county courts.

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 inst. approve and sign the following acts, to wit: an act to establish a road from the town of Montevallo to the town of Greensborough, and for other purposes; An act to establish certain election precincts therein named, An act for the more effectual distribution of the journals of the Senate and of the House of representatives; An giving additional remedy against constables; 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.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker the Senate have read three time and passed a bill, which originated in your honorable body entitled, An act making appropriations for certain claims against the state, and have amended the same in the manner herewith shewn, and also by striking out the 37th, 40, 44th and 52d sections of the bill; and also by adding thereto sundry additional sections, in all of which amendments they respectfully desire your concurrence.

The senate have appointed a committee on their part composes of Messrs. Bibb, Moore, and McVay, to confer with the committee appointed by your honorable body, on the subject of disagreement between the two Houses, in relation to the amendment made by the Senate to the bill, entitled, an act to raise a revenue for the support of government, until otherwise provided by law.  They have read three


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times and passed an engrossed bill originating in your honorable body, entitled an act concerning the revenue of Mobile county.  The Senate insist on their amendment to the 2d section of a bill, entitled an act to alter the third, fourth and fifth judicial circuits, and fix the times of holding the courts therein.  They recede for their amendment to the fourth section of said bill.  They have appointed a committee on their part, consisting of Messrs. Wood, Hopkins, and Sullivan, to confer with such committee as may be appointed on the part of your House on the subject matter of disagreement between the two Houses relative to the amendment made by the Senate to the 2d section of said bill, in which they desire your concurrence.  Ordered, that the House concur in the resolution of the Senate appointing a committee of conference on the engrossed bill to be entitled an act to alter the third, fourth and fifth judicial circuits, and fix the time of holding the courts therein, and have appointed on their part Messrs. Creagh, Martin, and Perkins, to settle the difference between the two Houses on the subject of the said bill.  Mr. Creagh from the committee appointed on the part of this House, to confer with the committee on the part of the Senate, respecting their amendments to the 2d section of a bill, to be entitled an act regulating the time of holding courts in the 3d, 4th and 5th circuits, have met sad committee, and have agreed on the following Report: 1st.  That the Senate recede from their amendments to the 2d section.  2d.  That the following section be adopted in lieu thereof, viz: 3d.  Be it further enacted, that an intermediate circuit court shall and is hereby required to be held in and for the county of Jefferson, on the seventh Monday after the fourth Monday of February next to continue until all the cases are tried or disposed that may not be tried of disposed of at the first term as fixed by this act, in the same manner, as if the same had been done at the said term.  Ordered, that the House concur in said report.

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 making appropriations for the year 1825; An act to regulate pleadings at common law; An act to repeal in part, and amend an act, entitled an act to raise a revenue for the support of government until otherwise provided by law, passed Dec. 27th, 1822; An act authorising the administrators of Nathaniel Henderson, deceased, to sell real estate; An act to emancipate the mulatto girl Margaret, a slave of James Johnston of Mobile county; An act concerning the revenue of Mobile county; A resolution of thanks to James Monroe, president of the United States.

A message from the Senate, by Mr. Lyon, their Secretary: Mr. Speaker, the Senate have read three times and passed an act to repeal in part and amend an act, entitled an act to raise a revenue for the support of government, until otherwise provided by law, passed Dec. 27th, 1822; which bill originated in your honorable body.  They insist on their amendments to the bill entitled an act concerning the militia of this state, by striking out all of the 1st section of the bill after the enacting clause.  The Senate recede for their amendment to the bill to be entitled an act to provide for the payment of petit jurors, in the counties therein named, and for other purposes, by inserting Dallas after Autauga.  The Senate concur in the amendment made by


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your honorable body to the bill to be entitled an act for the relief of Thomas B. Tunstall, by adding a preamble to the first section.  They disagree to the amendments made by your honorable body to said bill, by adding thereto, two additional section.  Ordered, that the House recede from their amendments to a bill from the Senate to be entitled an act for the relief of Thomas B. Tunstall.  Ordered, that the clerk acquaint the Senate therewith.

A message from the Senate, by Mr. Lyon, their Secretary: Mr. Speaker, the Senate insist on their amendments to the bill to be entitled an act to authorise the quarter-master-general to repair the state arsenal, and for other purposes, by striking out the word fifty in the first line of the 3d section, and inserting one hundred, and by adding an additional section.  They concur in the report of the committee of conference, appointed on the subject matter of the disagreement between the two Houses in relation to the amendment made by the Senate to the bill to be entitled an act to raise a revenue for the support of government, until otherwise provide for by law.  The Senate concur in the amendment made by your honorable body, to the resolution, to ascertain the mode of voting most acceptable to the people.  They have read three times and passed a resolution of thanks to James Monroe, president of the United States, which originated in your honorable body.

Message from the Senate by Mr. Lyon, their Secretary: Mr. Speaker, the Senate have read three time and passed a joint resolution originating in their House, entitled a resolution explanatory of an act, entitled an act for the relief of the people of the state of Alabama, in which they desire your concurrence.  On motion of Mr. Mead, Resolved unanimously by, that the thanks of the House be and are hereby presented to the honorable Samuel Walker, speaker of this House for the able and impartial manner in which he has discharged the duties of the chair.

A message from his excellency the Governor, by James I. Thornton, Secretary of State, which is as follow:

Board of Trustees of the University of the State of Alabama, Dec. 24, 1824

Gentlemen of the Senate and House of Representatives.

The board of trustees respectfully submit herewith their annual report, of the finances of the institution.

By order of the Board, ISRAEL PICKENS, President.

Which said message with the accompanying document was ordered to lie on the table.  The House insist on their disagreement to the amendments made by the Senate to a bill to be entitled an act to authorise the quarter master general to repair the state arsenal, which was laid on the table.

Engrossed bill from the Senate to be entitled, an act to amend the attachment laws of this state, was read a 3d time and passed.  Ordered that the clerk acquaint the Senate therewith.

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 provide for the payment of petit jurors in the counties therein named, and for other purposes; 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; Memorial to the Congress


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of the United States, respecting the sale of relinquished lands; Resolution explanatory of an act for the relief of the people of Alabama; Memorial of the legislature of the state of Alabama on the subject of the claims of Col. Samuel Dale; Resolution to ascertain the mode of voting most acceptable to the people; An act to amend the attachment laws of this state; An act for the relief of Thomas B. Tunstall; Joint Resolution authorising the Door-keeper of the Senate to take charge of the public furniture.

Mr. Baylor from the committee of conference on the bill to raise a revenue for the year 1825, have considered of the same & have agreed to recommend to their respective houses a tax of four hundred dollars on billiard, ad keno tables, in which the house concurred.

On motion of Mr. Creagh, Resolved that the committee appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to wait on his excellency the Governor, and inform him that they have completed the business before the, and to know if he has any further communication to make, and that they are now ready to adjourn sine die.

The House concur in the amendments made by the Senate to the bill; entitled, an act making appropriations for certain claims against the state, except the striking out of the 37, 40, and 44th sections of said bill, to which they disagree.  Mr. Moore of J. moved to amend said bill by way of engrossed rider, which was carried.  Mr. Mead moved further to amend said bill, which was carried.  Ordered that the clerk acquaint the Senate therewith.

Engrossed Resolution from the Senate, explanatory of act for the relief of the people of the state of Alabama, was read a 3d time and passed.  Ordered that the clerk acquaint the Senate therewith.

Mr. Ruffin from the committee on enrolled bills, Reported that they have examined and found correctly enrolled bills of the following titles to wit: An act to alter the 3d, 4th and 5th judicial circuits, and fix the time of holding the courts therein; and An act giving a lien on vessels in certain cases.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker the Senate concur in the report of the committee of conference, appointed on the part of the Senate to act with the committee appointed on the part of your honorable body, on the subject of disagreement between the two houses, in relation to the amendment made by the Senate to the bill to be entitled, an act to alter the 3d, 4th and 5th judicial circuits and fix the times of holding courts, therein, which report recommends that the Senate recede from their amendment to the 2d section of the bill, and proposes an additional section to come in after the said 2d section.

Mr. Moore of mar. obtained leave of absence during the remainder of the session.  Mr. Weissinger moved that the amendments proposed by him to the bill, making an appropriation for the improvement of the navigation of the Tennessee River, be spread on the journal.  Ordered that the same be done accordingly.

Sec.  And be it further enacted, that John Durden, Gabriel, Benson, Thomas M. Oliver, and John Henry, be, and they are hereby appointed Commissioners to survey the Cahawba River, and employ an engineer for the purpose of making a survey of the Cahawba River, under such rules and restrictions as are prescribed in the first section of this act, and the sum of five hundred dollars is hereby


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appropriated for that purpose, to be paid on the certificate of said commissioners at the Bank of the state of Alabama; and it shall be the duty of said commissioners and engineer employed as aforesaid to make a report to the next session of General Assembly as prescribed in the foregoing sections of this act.

Ordered, on motion of Mr. Miller of Madison, and Mr. Peyton of Jackson, that the following reasons be spread on the Journals of this House, for their vote against the memorial addressed by this Legislature to the Congress of the United States, praying that body to pay Col. Samuel Dale for certain services rendered, and losses said to have been sustained by him during the late war; 1st, Because they believe the course by memorial on this occasion, to be an improper one.  2d, That though they have no doubt of valuable services having been rendered by Col. Dale, yet they have no evidence to induce them to believe that the subject of the memorial actually sustained any losses, either by operation of our armies or by the incursions of the enemy.

And then the House adjourned till 3 o'clock this evening.

Evening Session, 3 o'clock.

Message from the Senate by Mr. Casey: Mr. Speaker, the Senate insist on their amendments to the bill entitled, An act making appropriations for certain claims against the state, by striking out the 37, 40, and 44th sections thereof.  The have appointed a committee on their part, consisting of Messrs. Casey and Powell, to confer with such committee as may be appointed on the part of your honorable, in relation to said disagreement, in which they desire your concurrence.  And then he withdrew.  The House appointed a committee, consisting of Messrs. Moore of J. Morton and Tindall to confer with the committee appointed on the part of the Senate, in relation to the disagreement of the two houses, on a bill to be entitled, an act making appropriations for certain claims against the state.  Ordered that the clerk acquaint the Senate therewith.

Mr. Moore from the joint committee of conferrence on the part of the House of Representatives, to confer with the committee on the part of the Senate, on the disagreement between the two houses on a bill making appropriations for certain claims against the state, Reported that they had met the committee of the Senate and agreed to recommend to the two houses, the following section at the end of the bill.

And be it further enacted, that it shall not be lawful for the Comptroller to issue his warrant on the Treasury, for the appropriations with the vouchers establishing the same, pursuant to the existing law.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate concur in the report of the committee of conference on the disagreement between the two houses on the bill entitled, an act making appropriations for certain claims against the state.

Message from his Excellency the Governor: Mr. Speaker, I am instructed by his excellency the Governor to inform you that he did on this day approve and sign the following acts, originating in your honorable body: An act authorizing certain persons to sell real estate therein named; An act for the relief of the heirs Matthew C. Toulmin and Elizabeth Toulmin;  An act to prevent the commission of trespass on the lands vested in the Trustees of the University of Alabama, and for other purposes; An act relative to the securities of judges of county courts; An act to authorize the county court of Bibb county to appoint some person to transcribe certain records of said court, and for other purposes; An act to amend


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an act entitled an act to incorporate the Trustees of Claiborne Academy; An act to repeal in part an act entitled an act to regulate the proceedings in the courts of law and equity in this states, passed Dec. 14, 1819; An act to repeal so much of an act as requires persons to swear they will not retail spirituous liquors to Indians; An act making an appropriation for Thomas B. Childress; An act concerning the apportionment of hands liable to work on public roads in the county of Baldwin; An act for the better organization of the militia of this state; 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 establish an additional election precinct in the counties of Lawrence and Walker; An act to amend the first section of an act entitled an act amendatory to the laws now in force for the relief of insolvent debtors, passed June 15, 1821; An act to authorize the citizens of Florence to raise a sum of money to procure water for the use of said town.

A message from the Senate by Mr. Lyon, their Secretary: Mr. Speaker, the Senate have adopted the following resolution, in which they desire your concurrence; Resolved, that there be a committee of three members, appointed on the part of the Senate, to act with such committee as may be appointed on the part of the House of Representatives, to inform his excellency the Governor, that the Legislature will have finished the business before them, and will be ready to adjourn sine die this evening by six o'clock, if his excellency has not further communication to make.  They have appointed on their part Messrs. McVay, Casey and Devereux.

The House of Representatives concur in the Resolution of your honorable body, and have appointed Messrs. Farrar, Rather and Miller a committee to act with the committee appointed on the part of the Senate, to wait on his excellency the Governor, and inform him that the Legislature will have finished the business before, them, and will be ready to adjourn sine die this evening at 6 o'clock, if his excellency has no further communication to lay before them.

Mr. Creagh, from the committee on enrolled bills, reported that they have examined and found correctly enrolled, a bill to be entitled, An act to raise a revenue for the year 1825.

A message was received from his excellency the Governor, by Jas. I. Thornton, Secretary of State, and is as follows:

EXECUTIVE DEPARTMENT, Dec. 25, 1824.

Gentlemen of the House of Representatives,

I herewith return to the House of Representatives, in which it originated, a bill this day presented to me, entitled an act for the better regulation of persons of colour, within the counties of Mobile and Baldwin, with the following reasons for nor approving the same: Both the preamble of the bill, and the necessary effect of the heavy tax on each free person of color, ($100) together with the strong sanctions under which its payment is enforced, declare this bill to be a measure for preventing this description of persons from migrating to, or continuing within that portion of the state included by the counties named, whether they may have been citizens of other states of this Union or not.  Viewing it in this light, I cannot reconcile it with the first clause of the second section of the fourth article of the constitution of the United States, which provides that citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states.  This question has substantially been determined by a legislative precedent of very high authority; and for the purpose of obtaining the authority necessary to pass laws of the description of this bill, a proposition has been made by the Legislature of one of our neighboring states to amend the constitution of the United States in this particular; which proposition is one among the documents laid before you at the commencement of this session.

I am respectfully, &c. ISRAEL PICKENS.

The bill to be entitled, an act for the better regulation of free persons of color within the counties of Mobile and Baldwin having been


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returned to this House, from his excellency the Governor, with his reasons for nor approving and signing the same.  The same was taken up, read and put on its passage, in compliance with the constitution and on the question being put, shall this bill pass?  it was decided in the negative.  Yeas 14, Nays 29.

Those who voted in the affirmative, are- Mr. Speaker, Barton, Baylor, Camp, Cook, Crenshaw, Cunningham, Dickinson, Dinsmore, Lanier, Mead, Morton, Parham, Tindall- 14.

Those who voted in the negative, are

Mr. Byler, Coleman, Creagh, Dale, Edmondson, Farrar, Fluker, Gaines, Hill, Jones, Mardis, Martin, McVay, McCord, Metcalf, Miller, Moore of J. Perkins, Peyton, Pickens of G. Pickett, Rather, Shackleford; Shotwell, Tapscot, Vining, Weissinger, White, Worthington- 29.

Mr. Farrar, from the joint committee appointed by the two Houses, to wait on his excellency the Governor, to inform him that the two Houses had gone through the business before them, and were ready to adjourn sine die this evening at 6 o'clock, if he had no further communication to make; have performed that duty and received for answer, that his excellency was unapprized of any other communication which he would have to make to either branch of the legislature, unless it would be elicited by the bills, which were yet to be presented to him for his signature and approbation.

Mr. Ruffin from the committee on enrolled bills, reported that they have examined and found correctly enrolled a bill to be entitled, an act making appropriations for certain claims against the state.

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 this day approve and sign bills of the following titles, to wit: An act to emancipate the mulatto girl Margaret, a slave of James Johnson of Mobile county; An act authorising the administrators of Nathaniel Henderson, deceased, to sell real estate; An act to regulate pleadings at common law; An act to repeal in part and amend an act entitled an act to raise a revenue for the support of government until otherwise provided for by law, passed Dec. 27. 1822; An act concerning the revenue of Mobile county; An act to provide for the payment of petit jurors in the counties therein named, and for other purposes; An act making appropriations for certain claims against the state; An act to raise a revenue for the support of government until otherwise provide for by law; An act to alter the third, fourth and fifth judicial circuits and fixing the time of holding the courts therein; and, An act giving a lien on vessels in certain cases.  And then he withdrew.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate having completed the business before them are now ready to adjourn sine die.

Mr. Moore of J. then moved, that this House do now adjourn sine die; which was carried.

The speaker then, after making his acknowledgments to the House in an appropriate manner, pronounced that this House stands adjourned sine die.

SAMUEL WALKER,

Speaker of the House of Representatives.

THOMAS MURRAY.

Clerk of the House of Representatives.