Tuesday, December 7th, 1824.

Mr. Hill presented the petition of  Thomas Crawford, judge of the county court of Bibb, praying the Legislature to appoint some person to transcribe the records of the county court of said county; which was read and referred to a select committee, consisting of Messrs. Hill; Oliver and Dinsmore.


73

On motion of Mr. Pickens, of Greene, Resolved, that the judiciary committee be instructed to inquire into the propriety of confining all testimony taken by commission so as to compel the filing of interrogatories in all cases, and also of the propriety of requiring private examinations, before sworn commissioners.

Mr. Perkins from the committee of inland navigation,  Reported, a bill to be entitled, an act to incorporate the Spring creek navigation company; which was read a first time and ordered to be read a second time tomorrow.

Mr. Watson, from the select committee to whom was referred a bill to be entitled an act to alter and establish the boundary lines between certain counties therein named, reported the same with an amendment, in which the House disagreed. Ordered, that the said bill be engrossed for a third reading on tomorrow.

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 honorable body, of the following titles, to wit: An act for the relief of Joseph Burleson; An act to exempt the citizens of the town of Elyton in Jefferson county, and the town of Somerville in Morgan county, and the town of Tuscumbia in Franklin county, from working on any roads beyond the limits of said towns; and, an act for improving the navigation of the port and harbor of Mobile, the latter of which they have amended by striking out the word fifteen in the sixth line of the third section, and inserting the word ten, so as to make the duty on the tonnage of American and foreign vessels the same; in which amendment they desire your concurrence.

Mr. Barton from the committee on schools, colleges, and universities, and school and university lands, to whom was referred the consideration of a resolution, directing them to enquire into the expediency of reducing the minimum price of the university lands, reported a bill to be entitled an act, to reduce the minimum price of the university lands; which was read a first time, and ordered to be read a second time tomorrow.

Mr. Barton from the same committee, to whom was referred the consideration of a resolution, directing them to inquire into the expediency of adding two trustees to school lands, say five instead of three, with leave to report by bill or otherwise, reported that said committee ask to be discharged from further consideration of the same.

Mr. Barton from the select committee, to whom was referred the petition of James Johnston, reported a bill to be entitled an act to emancipate the mulatto girl Margaret, a slave of James Johnston of Mobile county: which was read a first time, and ordered to be read a second time on tomorrow.

Mr. Barton obtained leave to introduce a bill, to be entitled an act to alter and amend the charter of incorporation of the city of Mobile; which was read a first and second time forthwith, and referred to a select committee, consisting of Messrs. Barton, Bagby and Dale.

Mr. Green obtained leave to introduce a bill to be entitled an act to repeal in part and amend an act to provide for the election of justices of the peace, and one constable, passed December 31st, 1822; which was read a first time, and ordered  to be read a second time tomorrow.

A bill to be entitled, an act supplementary to, and amendatory of the

10


74

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. Bagby from the judiciary committee to whom was referred the consideration of a bill to be entitled, an act for the relief of Cyrus Sibley and James L. Seabury, securities of Henry Wheat, reported the same without amendment; which was read a first time, and ordered to be engrossed for a second reading tomorrow.

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 second time, and ordered to be laid on the table.

A bill to be entitled, an act giving additional remedy against constables; which was read a 2d time, and ordered to be laid on the table.

A bill to be entitled, an act to alter the punishment for counterfeiting and forgery; which was read a second time, and referred to the judiciary committee.

A message was received from his excellency the Governor, by James I. Thornton, secretary of state, who delivered it in at the Speaker's table and then withdrew; which communication is in writing, and is as follows:

EXECUTIVE DEPARTMENT, December 6th, 1824.

Gentlemen of the Senate, and of the House of Representatives,

To authorise the due payment of the interest that may become payable within the ensuing year, on the stock issued in New York, for the loan there obtained, an appropriation will be necessary. Whereupon no difficulty is anticipated through the operations of the Bank of the state in placing the funds requisite to meet the regular payment in New York.

The law authorising the issuing of this stock contains no provisions for renewing lost certificates of stock, and for transferring the same on books to be kept for the purpose-- such a provision is so obviously necessary and so usual in the case of all public stocks, that the purchasers of this stock relied fully on the justice and faith of the state, taking only an endorsement on the power of attorney given by the commissioners to their agent, expressing the understanding that the requisite provision would be made by law.

Accompanied, I lay before you the extract of a letter from the hon. Wm. R. King, relating to this transaction. It is due to that gentleman, that I acknowledge the commissioners are much indebted for his active and assiduous attention as their agent, in effecting this negotiation.

I am with high consideration &c. 

ISRAEL PICKENS.

Ordered, that the said communication with its accompanying document be referred to the bank committee.

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, was read a second time and referred to a select committee, consisting of Messrs. Mardis, Fleming and Cunningham.

A bill to be entitled an act allowing ministers of the gospel to pass ferries, toll bridges and turnpikes toll free, was read a second time:- Mr. Abercrombie moved that said bill lie on the table till the first day of June next; which was carried. Yeas 30, Nays 11.


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

Mr. Speaker

Creagh

Fluker

Miller

Rather

Abercrombie

Cunningham

Green

Moore of Ma.

Shotwell

Barton

Dale

Hill

Morton

Skinner

Baylor

Dickenson

Jones

Oliver

Tindall

Baxter

Edmondson

Lanier

Parham

Vining

Byler

Exum

Martin

Perkins

Watson

Camp

Farrar

Mead

Pickens of D.

Worthington

Coleman

Fleming

Merriwether

Pickens of G.

White- 40.

Those who voted in the negative, are

Mr. Gaines

McCord

Moore of J.

 Pickett

Tapscot

Mardis

Metcalf

Peyton

Shackleford

Weissinger- 11

McVay

An engrossed 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 third time and passed. Ordered  that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

Mr. Oliver from the joint committee on enrolled bills, reported that he had examined and found correctly enrolled, 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.

An engrossed bill to be entitled an act to change the mode of appointing assessors and tax collectors was read a third time and passed Yeas 28, Nays 23.

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

Mr. Speaker

Cook

Jones

Moore of J.

Shotwell

      Abercrombie

Cunningham

Lanier

Moore of Ma.

Tapscot

      Baxter

Dinsmore

McVay

Peyton

Vining

      Byler

Fleming

McCord

Rather

Watson

      Camp

Gaines

Metcalf

Shackleford

Worthington

      Coleman

Hill

Miller

Those who voted in the negative, are

Mr. Barton

Edmondson

Mardis

Perkins

Skinner

      Baylor

Exum

Martin

Pickens of D.

Tindall

      Creagh

Farrar

Mead

Pickens of G.

Weissinger

      Dale

Fluker

Merriwether

Pickett

White- 23.

      Dickinson

Green

Moore of Mo.

Ordered, that the title be as aforesaid.

An engrossed bill to be entitled, an act to repeal in part an act entitled an act to establish certain counties therein named and for other purposes, passed Dec. 17th, 1821, 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.

Engrossed bill fro the Senate to be entitled, an act to alter the times of holding the county courts of Tuscaloosa, Greene and St. Clair counties, was read a 1st time, and ordered to be read a 2d time tomorrow.

Engrossed bill from the Senate, to be entitled, an act concerning public roads in the county of  Montgomery, 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 ordered to be read a third time tomorrow.

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


76

Ordered that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate to be entitled, an act to prevent judges of the county court, from issuing warrants in civil cases, was read a third time and lost.

Engrossed bills from the Senate of the following titles, to wit: An act to divide the 32d Regiment of the militia of this state; An act for the relief of George A. Glover assessor and tax collector of Lawrence county for the year 1823; An act to authorise judges of the county court to practice law out of the county in which they may reside; Resolution providing for the further distribution of the statute laws of the state of Alabama, were severally read a 3d time and passed.

Engrossed bill from the Senate to be entitled, an act pointing out the manner by which the streets in the town of Greensboro shall be opened and kept in good order, was read a 2d time, and ordered to be read a 3d time tomorrow.

On motion of Mr. Barton, Resolved that the judiciary committee be instructed to inquire into the expediency of repealing the act entitled an act to abolish the fictitious proceedings in ejectment and for other purposes therein mentioned, passed Dec. 17th, 1821.

Ordered that Messrs Bagby & Fleming be added to the Bank com'tee.

A bill to be entitled, an act altering the sale days of lands & slaves in parts of the counties of Lawrence and Franklin, was read a 2d time.

Mr. McVay moved to amend said bill in these words, Provided that all slaves which may be executed in the county of Lawrence and put in jail for safe keeping until sale days, shall be sold at the court house in the town of Moulton, which was lost. - Yeas 23- Nays 29.

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

Mr. Speaker

Cunningham

Jones

Miller

Shotwell

Abercrombie

Farrar

Lanier

Moore of J.

Skinner

Baylor

Gaines

Mardis

Moore of Mo.

Vining- 23.

Byler

Green

McVay

Oliver

Coleman

Hill

Metcalf

Rather

Those who voted in the negative, are

Mr. Bagby

Dickinson

Mead

Peyton

Tindall

Barton

Edmondson

Merriwether

Pickens of D.

Watson

Baxter

Exum

Moore of Ma.

Pickens of G.

Weissinger

Cook

Fleming

Morton

Pickett

Worthington

Creagh

Fluker

Parham

Shackleford

White- 29.

Dale

Martin

Perkins

Tapscot

Ordered that said bill be engrossed for a  third reading tomorrow.