Thursday, December 9, 1824.

Mr. Vining presented the petition of John Hamblin, which was read and referred to the committee on divorce and alimony.

Mr. Dickinson presented the account of the sheriff of Clarke county, which was referred to the committee on accounts.

Mr. Vining, from the committee on roads, bridges and ferries, to whom was referred the bill to be entitled, an act for the relief of overseers of roads, Reported that they have amended the same by striking out all after the enacting clause, and substituting the following bill, to be entitled, an act for the relief of overseers of roads; which was read a 2d time and recommitted to the same committee.

Ordered that Mr. Creagh be added to the committee on roads, bridges and ferries.

Mr. White from the select committee to whom was referred the petition of sundry inhabitants of Lawrence county, reported a bill to be entitled, an act to establish a certain road therein mentioned; which was read a first time, and ordered to be read a second time tomorrow.

Mr. Crenshaw from the committee on apportionment, reported a bill to be entitled, an act to apportion the representatives among the several counties in this sate, at the rate of 2086, and to divide the state into senatorial districts, according to the late census; without amendment.  Ordered, that the House go into committee of the whole House on Saturday next, on said bill.

Mr. Mardis, from the select committee to whom was referred a bill to be entitled, an act more effectually to secure the holding the elections of sheriff and for other purposes, reported the same with sundry amendments in which the House disagreed.  Ordered, that said bill be engrossed for a third reading on Monday next.

A communication was received from Nathaniel Dodson, clerk, of this House, and is as follows:

Cahawba, Dec. 8th, 1824.

Sir:  I beg leave through you to render to the house over which you have the honor to preside, the resignation of my clerkship, together with assurances of the strong sense of gratitude I feel and shall ever entertain for the numberless instances of favor and indulgence is has been may good fortune to receive at the hands of its members.  I have the honor to be, sir, most respectfully, your ob't servt.

Hon. SAMUEL WALKER, NAT: DODSON.

Speaker of the House of Representatives.

Mr. Barton, from the committee on schools, colleges and universities, and school, college and university lands, to whom was referred the petition of W. M. Marr, reported a bill to be entitled, an act for the relief of William Mr. Marr; 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 a bill to be entitled, an act to repeal an act, passed Dec. 30th, 1823, in relation to the 16th sections, Reported that it is inexpedient in the opinion of the committee that the said bill should pass, which was concurred in.

Mr. Bagby from the judiciary committee to whom was referred a


83

resolution requiring them to inquire into the expediency of reducing the fees of clerks, sheriffs, and other officers, reported the same inexpedient; which was concurred in.

Mr. Bagby, from the same committee to whom was referred a resolution requiring them to inquire into the expediency of repealing the act of the last session reducing the fees of magistrates and constables, reported, that said committee have instructed him to pray your honorable body to discharge them from the further consideration of that subject; which was accordingly done.

Mr. Bagby, from the same committee to whom was referred resolution requiring them to inquire into the expediency of making it a sufficient service of a writ in cases nor requiring bail, to leave a copy thereof at the defendant's usual place of abode, reported that same as inexpedient, which was concurred in.

Mr. Bagby, from the same committee to whom was referred a resolution requiring them to inquire into the expediency of so altering the law, as to dispensed as far as possible with the necessity for tales jurors, reported, that said committee had instructed him to report a bill for that purpose; the title of which is, a bill to be entitled an act to diminish the necessity for tales jurors, which said bill was read the first time, and ordered to be read the second time tomorrow.

On motion, the House proceeded to the election of a principal clerk, to supply the vacancy occasioned by the resignation of Nath'l Dodson.

Thomas Murray and Milton Pope in nomination- the votes stood thus,- For Mr. Murray 47, Mr. Pope 8.

Those who voted for Mr. Murray, are

Mr. Speaker

Cunningham

Hill

Miller

Shackleford

Abercrombie

Dale

Jones

Moore of J.

Skinner

Bagby

Dickerson

Lanier

Moore of Mo.

Shotwell

Baylor

Dinsmore

Mardis

Parham

Tapscot

Baxter

Edmondson

McVay

Perkins

Tindall

Byler

Exum

McCord

Peyton

Vining

Camp

Farrar

Mead

Pickens of D.

Watson

Coleman

Fleming

Merriwether

Pickett

Worthington

Creagh

Fluker

Metcalf

Ruffin

White- 7.

Crenshaw

Gaines.

Those who voted for Mr. Pope, are

Mr. Barton

Green

Oliver

Rather

Cook

Morton

Pickens of G.

Weissinger- 8

Mr. Murray was therefore declared duly elected.

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

Evening Session.

Thomas Murray appeared. was qualified by taking the oath prescribed by the constitution, and by an act entitled an act supplementary to an act entitled an act to suppress dueling, and entered upon the discharge of his office.

Mr. Camp offered the following resolution: Resolved, that should maj. gen. Wade Hampton honor this house with his presence, he be invited by the speaker to take a seat within the bar of the House; which was unanimously adopted.

Mr. Lanier offered the following resolution: Resolved, that a message be sent to the Senate, informing them of the resignation of N. Dodson, the principal clerk of this House, and of the election of Thomas Murray, Esq. to fill his vacancy, which was adopted.


84

Mr. Pickett obtained leave to introduce a bill to be entitled, an act to provide for the payment of jurors; which was read the first time and ordered to be read a second time tomorrow.

Mr. Cook obtained leave to introduce a bill to be entitled, an act regulating elections; which was read the first time, and ordered to be read the second time tomorrow.

Mr. McVay offered the following resolution: Resolved, that the committee on ways and means be instructed to inquire into the expediency of setting apart by law, a portion of the county revenue, which is or may hereafter be in the respective county treasuries, for the express purpose of compensating jurors for their services, and report by bill or otherwise; which was adopted.

Mr. Dinsmore offered the following resolution: Resolved, that the committee of ways and means be instructed to inquire into the expediency of allowing extra compensation to tax collectors in the counties where the population is less than one person to the square mile; which was adopted.

Mr. Moore of Mar. offered the following resolution: Resolved, that three hundred copies of the report of the Comptroller, made at the request of the com. of ways & means, be printed for the use of the House, exhibiting the aggregate amount of taxation received into the treasury on each item of taxable property in this state; which was adopted.

Mr. Skinner offered the following Resolution, whereas at the two session of the General Assembly preceding the present session much business of importance to the interests of this state was presented for the consideration of the members thereof, which necessarily protracted those sessions to a considerable length: and whereas no such variety of subjects of importance have been or are likely to be brought before the General Assembly at their present session and whereas therefore the people of this state have a right to expect the early return of their respective Representatives, and thereby save to the state the unavoidable accumulation of the expences necessarily consequent upon lengthy sessions.  Therefore be it resolved by the House of Representatives, that no new matter shall be introduced into this body after Tuesday next, unless it shall be such as may be presented by any of the committees belonging to the same, and that with the consent of the Senate, the General Assembly of the state of Alabama will adjourn sine die on the 18th inst.

Mr. Lanier moved to amend said Resolution so as to authorise the introduction of new business after the 18th inst. by obtaining the consent of the House, which was lost-Yeas 5- nays 48.

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

Mr. Lanier

Moore of J.

Perkins

Peyton

Rather

Those who voted in the negative, are

Mr. Speaker

Crenshaw

Green

Miller

Skinner

Abercrombie

Cunningham

Hill

Moore of Ma.

Tapscot

Bagby

Dale

Jones

Morton

Tindall

Baylor

Dickinson

Mardis

Oliver

Vining

Baxter

Edmondson

Martin

Parham

Watson

Byler

Exum

McVay

Pickens of D.

Weissinger

Camp

Farrar

McCord

Pickens of G.

White

Coleman

Fleming

Mead

Pickett

Worthington

Cook

Fluker

Merriwether

Shackleford

48.

Creagh

Gaines

Metcalf

Shotwell


85

Which said Resolution was laid on the table.

Mr. Pickett moved to take up the Resolution, proposing an alteration in the 13th section and the 5th article of the constitution of the state of Alabama, which was carried.  Said Resolution was read a 2d time, and ordered to be engrossed for a 3d reading on Monday next.

Resolution to go into the election of a site for the state university, was read a 2d time, and referred to a select committee, consisting of Messrs. Mardis, Baylor and Morton.

Mr. White obtained leave to introduce a bill to be entitled, an act to amend an act to authorise Young A. Gray to convey certain real estate therein mentioned, passed Dec. 30th, 1823, which was read a 1st time and ordered to be read a 2d time tomorrow.

On motion of Mr. Bagby, Resolved that the judiciary committee be instructed to inquire into the expediency of amending the laws now in force concerning original attachments, with leave to report by bill.

Mr. Barton presented the petition of Jane B. Robertson and other, which was read and referred to the judiciary committee.

A bill to be entitled, an act to establish a certain counties therein named and for other purposes, was read a 2d time, and referred to a select committee, consisting of Messrs. Watson, Abercrombie & Exum.

An engrossed bill to be entitled, an act to repeal in part an act, regulating the fees of justices, constables ad lawyers, and to ascertain the fees that said officers are hereafter to receive.  Mr. McVay moved the following amendment by way of rider,  And be it further enacted that Counsellors and Attornies at law, shall be entitled to receive no other than the following fees, to wit: For prosecuting or defending a suit in the County Court, two dollars; for like services in the Circuit Court, three dollars for prosecuting or defending a suit in Chancery, ten dollars; for prosecuting or defending a mixed or real action when the title or boundaries of land are in question, twelve dollars, provided that if any Counsellor or Attorney at law shall either directly or indirectly charge or receive a larger fee than is allowed by this act, he shall forfeit and pay to the injured person, ten times the amount so wrongfully charged or taken, to be recovered before any court, having cognizance of such sums, any law to the contrary notwithstanding- which was lost- Yeas 19- Nays 36.

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

Mr. Speaker

Cunningham

McCord

Peyton

Skinner

Baxter

Gaines

Mead

Rather

Tapscot

Byler

Lanier

Metcalf

Shackleford

Worthington-19

Coleman

McVay

Perkins

Shotwell

Those who voted in the negative, are

Mr. Abercrombie

Dale

Green

Moore of Ma.

Pickett

Barton

Dickinson

Hill

Jones

Moore of Mo.

Ruffin

Baylor

Dinsmore

Mardis

Morton

Tindall

Camp

Edmondson

Martin

Oliver

Vining

Cook

Exum

Merriwether

Parham

Watson

Creagh

Farrar

Miller

Pickens of D.

Weissinger

Crenshaw

Fluker

Moore of J.

Pickens of G.

White- 36.

The said bill being on its third and last reading: The question being put, Shall this bill pass?  it was decided in the affirmative --  Yeas 36

Nays 20.  Those who voted in the affirmative, are,

Mr. Speaker

Crenshaw

Fleming

Miller

Pickens of G.

Abercrombie

Dale

Fluker

Moore of J.

Pickett


86

Barton

Dickinson

Green

Moore of Mo.

Ruffin

Baylor

Dinsmore

Mardis

Morton

Vining

Baxter

Edmondson

Martin

Oliver

Watson

Camp

Cook

Exum

Merriwether

Parham

Worthington

Creagh

Farrar

Metcalf

Pickens of D.

Weissinger- 36.

Those who voted in the negative are,

Mr. Bagby

Gaines

McCord

Peyton

Skinner

Byler

Hill

Jones

Mead

Rather

Tapscot

Coleman

Lanier

Moore of Ma.

Shackleford

Tindall

Cunningham

McVay

Perkins

Shotwell

White- 21.

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 tomorrow morning at 9 o’clock.