Monday, December 6th, 1824.

Mr. Farrar from the military committee reported a bill to be entitled an act to authorise the quarter master general to repair the state arsenal, and for other purposes; which was read a first time, and ordered to be read a second time tomorrow.

Mr. Vining from the committee on roads, bridges and ferries, to which was referred a resolution of this House requiring them to inquire into the expediency of amending the road law, so that the commissioners of apportionment may be required to meet at the courthouse to apportion the hands; have had said resolution under consideration and have instructed me to report, that they deem it inexpedient to compel the apportioners to meet at the court-house for the purpose above mentioned, in which report the House concurred.

A bill to be entitled an act for the relief of overseers of roads, was read a 2d time, and referred to the committee on roads, bridges, and ferries.

A bill to be entitled an act to repeal an act, allowing a certain salary to the judge of the county court of Mobile, was read a second time, and laid on the table.

Mr. White presented the petition of sundry inhabitants of Lawrence county, praying the passage of a law, to open a road which was read and referred to a select committee consisting of Messrs. White, Cunningham, Tindall, Byler and McCord.

A bill to be entitled an act more effectually to prevent breaches of the peace, was read a second time.

Mr. Vining moved that said bill be indefinitely postponed, which was lost. Yeas 12, Nays 35.

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

Mr. Barton

Crenshaw

Mardis

Perkins

Vining- 12.

     Cook

Dale

Merriwether

Pickens of D.

     Creagh

Fleming

Moore of Mo.

Those who voted in the negative, are

Mr. Speaker

Edmondson

Jones

Moore of J.

Rather

     Baxter

Exum

Lanier

Moore of Mar.

Skinner


69

Baylor

Farrar

Martin

Morton

Tapscot

Byler

Fluker

McVay

Oliver

Tindall

Camp

Gaines

McCord

Parham

Watson

Cunningham

Green

Metcalf

Peyton

Weissinger

Dickinson

Hill

Miller

Pickett

White

Worthington-35

Ordered, that said bill be referred to a select committee, consisting of Messrs. White, Moore of J. Baylor, Oliver, and Metcalf.

Message from the Senate by Mr. Lyon their secretary. Mr. Speaker: The Senate recede from their amendment to the bill to be entitled an act to incorporate a volunteer infantry corps in the city of Mobile, to be styled The Mobile Republican Greens, by striking out the second section thereof. They have read a third time, and passed a bill which originated in your honorable body, entitled an act divorcing Sarah R. Swansey from James N. Swansey. They have read three times, and passed bills which originated in their House,  entitled an act concerning public roads, in the county of Montgomery; and, an act pointing out the manner, by which the streets in the town of Greensborough shall be opened and kept in good order, in which they desire your concurrence. And then he withdrew.

Mr. Barton from the select committee, to which was referred, reported a bill to be 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; which was read a first time and ordered to be read a second time tomorrow.

Mr. Barton from the select committee, to which was referred reported a bill, to be entitled an act supplementary to, and amendators of the laws now in force, regulating the appointment of auctioneers, and sales at auction; which was read a first time, and ordered to be read a second time tomorrow.

Mr. White obtained leave to introduce a bill, to be entitled an act altering the sale days of lands and slaves in parts of the counties of Lawrence and Franklin; which was read a first time and ordered to be read a second time tomorrow.

Mr. Martin obtained leave to introduce a bill to be entitled, an act giving an additional remedy against constables; which was read a first time, and ordered  to be read a second time tomorrow.

 A bill to be entitled, an act to repeal an act allowing a certain salary to the judge of the county court of Mobile, was taken up and referred to a select committee, consisting of Messrs. Barton, Morton & Perkins.

Ordered, that Mr. Exum be added to the committee of propositions and grievances.

An engrossed bill to be entitled, an act to repeal an act entitled an act to establish regular justices courts in this state, passed the 30th Dec. 1823, was read the 3d time and passed. Yeas 36, Nays 14.

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

Mr. Speaker

Dickinson

Gaines

Miller

Peyton

      Bagby

Dinsmore

Mardis

Moore of J.

Pickens of G.

      Barton

Edmondson

Martin

Moore of Ma.

Rather

      Baylor

Exum

McVay

Moore of Mo.

Skinner

      Camp

Farrar

McCord

Morton

Tapscot

      Creagh

Fleming

Merriwether

Parham

Tindall

White

      Cunningham

Fluker

Metcalf

Perkins

Worthington, 36


70

Those who voted in the negative, are

Mr. Byler

Dale

Jones

Pickens of D.

Watson

      Cook

Green

Lanier

Pickett

Weissinger-14

      Crenshaw

Hill

Oliver

Vining

Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence. Engrossed bill from the Senate, to be entitled an act pointing out the manner by which the streets in the town of Greensborough shall be opened and kept in good order; was read a 1st time, and ordered to be read a 2d time tomorrow.

Bills of the following titles, to wit: A bill to be entitled an act divorcing Sarah Wall from James Wall; A bill to be entitled an act divorcing Samuel Payne from Elizabeth Payne; and, a bill to be entitled an act divorcing Nancy Gillespie from Andrew V. Gillespie; were severally read a first time, and ordered to be read a second time on Friday next.

Engrossed bill from the Senate, to be entitled an act to provide for the extinguishment of the debt due to the state of Alabama, by the purchasers of lots in the town of Cahawba, was read a second time; and the rule which requires that bill should be read on three several days being dispensed with, it was read a third time forthwith, and passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bills of the following titles, to wit: 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 concerning roads, highways, bridges and ferries in the county of Mobile; An act to incorporate the Minette bridge company; An act providing for an extra term of the circuit court of Mobile and Baldwin counties: were severally read a third time and passed. Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Engrossed joint resolution in relation to major general La Fayette, was read a third time and passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill from the Senate to be entitled, an act for rendering the decision of civil causes more speedy and less expensive than heretofore, was read a second time and referred to the judiciary committee.

Engrossed bill from the Senate to be entitled, an act for the emancipation of slaves George and Sarah, was read a second time, and ordered to be read a third time tomorrow.

Mr. Fleming obtained leave to introduce a bill to be entitled, an act to alter the punishment for counterfeiting and forgery: which was read the first time, and ordered  to be read the second time tomorrow.

Engrossed bills from the Senate of the following titles, to wit: An act to authorise judges of the county courts to practice law out of the county in which they may reside; An act for the relief of George A. Glover, assessor and tax collector of Lawrence county, for the year 1823; were severally read a second time, and ordered to be read a third time tomorrow.

Engrossed bill to be entitled, an act concerning prisons and prisoners was read a third time and laid on the table.

Engrossed bills of the following titles, to wit: An act vesting in the


71

judges of the county courts and the commissioners of roads and revenue the power of altering any state road that may run through their respective counties; and An act to provide for compensating the Electors of President and Vice President of the United States; were severally read a third 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 exempting persons of a certain description from taxation, was read a 3d time & passed. Yeas 33, nays 17.

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

Mr. Speaker

Edmondson

Mardis

Parham

Skinner

Baylor

Exum

Martin

Perkins

Tapscot

Camp

Farrar

Merriwether

Peyton

Watson

Cook

Fluker

Miller

Pickens of D.

Weissinger

Dale

Gaines

Moore of J.

Pickens of G.

Worthington

Dickerson

Green

Moore of Mo.

Ruffin

White- 33.

Dinsmore

Hill

Oliver

Those who voted in the negative are,

Mr. Barton

Cunningham

McVay

Metcalf

Rather

Byler

Fleming

McCord

Moore of Ma.

Tindall

Creagh

Jones

Mead

Pickett

Vining- 17.

Crenshaw

Lanier

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

And then the House adjourned till 3 o'clock.

Evening Session.

A bill to be entitled, an act requiring bills of sale, deeds of gift, & in certain cases to be recorded, was read a second time and referred to the judiciary committee.

A bill to be entitled, an act to exempt the citizens of the town of Marion, in Perry county from working on roads beyond the limits of said town and for other purposes was read a second time and ordered to be engrossed for a third reading tomorrow.

Engrossed bill to be entitled, an act concerning prisons and prisoners, was read a third time and passed.  Ordered,  that the title be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled, an act to repeal in part an at entitled an act to establish certain counties therein named, and for other purposes, passed Dec. 17th, 1821, and for other purposes, was read a 3d time, and laid on the table.

Engrossed resolution from the Senate, providing for the further distribution of the statute laws of state of Alabama was read a second time and ordered to be read a third time tomorrow.

Engrossed bill from the Senate to be entitled, an act to divide the thirty-second regiment of the militia of the state, was read a second time, and ordered to be read a third time tomorrow.

Mr. Dinsmore obtained leave to introduce a bill to be entitled, an act for the relief of Cyrus Sibley and James L. Seabury, securities of Henry Wheat; 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 second time forthwith, and referred to the judiciary committee.


72

On motion of Mr. Barton, Resolved, that the bank committee be instructed to inquire into the expediency of extending a branch of the Bank of the state of Alabama to the city of Mobile or Huntsville, which leave to report by bill or otherwise, which was adopted.

Mr. Fleming moved to insert in said resolution the words 'or Huntsville' which was carried.

Mr. Peyton obtained leave to introduce a bill, to be entitled an act allowing ministers of the gospel to pass ferries, toll bridges, and turnpikes toll free;  which was read a first time, and ordered to be read a second time tomorrow.

Engrossed bill to be entitled an act to amend an act, to prevent the frauds and fraudulent combinations in the sales of public lands within this state, passed at Huntsville on the 17th December, 1819; was read a third time and passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

The select committee, to which was referred an engrossed bill from the Senate to be entitled an act to prevent judges of the county court, from issuing warrants in civil cases, reported that they had amended the same, in which amendment the House concurred; said bill was then read a second time and ordered to be read a 3d time tomorrow.

Messrs. Fleming, Mead, Camp, Rather, and White, availed themselves of the constitutional privilege of spreading their reasons upon the journal for not voting on the passage of the resolution authorizing Mr. Beck a member from Wilcox county to vote in his room, which are as follows:

We the undersigned in offering to the world the reasons which prevented us from voting on the passage of a joint resolution of the General Assembly, authorising the honorable John Beck, a member of the House of Representatives from Wilcox county, to vote at his room for a Senator to the Congress of the United States, beg leave to state, that we were not influenced by a desire to curtail the privileges which that gentleman or any other citizen of this state, is entitled to enjoy according to the five principles of our government, but from conviction that the authority given by the said resolution to the member from Wilcox, was in direct conflict with the spirit of the constitution, which requires the members to vote viva voce, and that it is repugnant to our views of a representative government to sanction a precedent which allows the representatives of the people to do by proxy, when we humbly conceive they can only do in their proper representative capacity.

Inasmuch, however, as both branches of the legislature had agreed to go into the election of a Senator at 3 o'clock, on the day on which the resolution was sent to this House by the Senate and believing that less irregularity would ensue, from the adoption of the resolution, than the postponement of the election to another day, we were induced to remain passive, though we could not yield our assent to the course pursued by a majority of this House.

(Signed)

William Fleming

Marston Mead

James W. Camp

John T. Rather

John White

And then the House adjourned till 9 o'clock tomorrow morning.