Thursday, November 18, 1824

The House met pursuant to adjournment.

Mr. Barton presented the petition of sundry citizens of Mobile, praying that a law may pass remedying the evil of compelling witnes-


ses to attend distant courts; which was read and referred to the judiciary committee.

A message was received from the Senate, by Mr. J. J. Pleasants secretary of state, which he delivered at the Speaker’s table and then withdrew: said communication was in writing, and is as follows:

EXECUTIVE DEPARTMENT, November 18th, 1824.

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

I have the honor herewith to lay before you the Report of the President and Directors of the Bank of the State of Alabama.

In my former communication I deferred making any remarks in regard to the condition of the Militia, until the state of the returns were ascertained from the Adjutant General, whose office is remote.

In returning the strength and condition of the militia for the present year a general failure has taken place, and the returns for last year are yet incomplete. Orders have been given for correction of these omissions, the effect of which will depend on the energy with which they are executed.

In times of peace this part of the duty of militia officers is much the most important they are required to perform; this being the date from which our annual quota of arms from the national appropriation are to be estimated. The law of last session, with a view of multiplying the chances of punctuality in the returns, in addition to the requirement of previous laws, by which returns were to be made through the commanders of Brigades and Divisions to the Adjutant General, made it moreover the duty of the regimental commanders to make returns direct to that officer. A more complete failure has been the result.

The law of 1822 intended as its title imports, to embody in one act all the militia laws extant, has no repealing clause; by reason of which defect it is rendered more doubtful than before what previous laws are in force, and what are virtually repealed.

In such revision of these laws as you may deem it proper to make, a provision enforcing the duty of punctual returns deserves a conspicuous place. A given day should be set within which the commanders of divisions should be possessed of the returns for their several commands and these should be in the Adjutant General’s office by the annual meeting of the General Assembly.

I am your most ob’t


Ordered that said communication with the accompanying documents be laid on the table.

Mr. White presented the petition of the school commissioners of the 16th section, 4th township and 7th range, praying the passage of a law, authorizing them to lease a certain portion of said section: which was read and referred to a select committee, consisting of Messrs. White, Parham and Camp.

Mr. Abercrombie presented the petition of sundry inhabitants of Pike county, praying that a part of said county may be added to Montgomery county: which was read and referred to the committee on county boundaries.

Mr. Baylor, from the committee of privileges and elections, to whom was referred the examination of the credentials of the members of this House, Reported that the committee had had the same under their consideration, and are of the opinion that fifty-eight members (being


the whole number) have been legally and constitutionally elected members of the House of Representatives: in which report the House concurred.

Mr. Tindall from the select committee to whom was referred the petition of Abel Pennington, Reported a bill to be entitled, an act for the relief of Abel Pennington, which was read a first time and ordered to be read a second time tomorrow.

Ordered that Messrs.  Creagh, Dinsmore, Fluker and Miller be added to the committee of ways and means.

The House agreeable to the order of yesterday, resolved itself into the committee of the whole house, on the message of the Governor: and after sometime spent in the consideration thereof, the committee rose and Mr. Morton obtained leave to report on tomorrow.

A message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate concur in the resolution of your honorable body, appointing a committee on your part to act with such committee as may be appointed on the part of the Senate to superintend the procuring stationary for the legislature during the present session, and have appointed on their part Messrs. Casey and McVay. They have adopted the following resolution , in which they desire your concurrence: Resolved, that a joint committee be appointed to examine into the state of the public arms and arsenal of this state; they have appointed on their part Messrs. Casey and Shackleford. Ordered, that the House concur in said resolution; whereupon Messrs. Fleming, Farrar and Dale were appointed a committee on the part of this House.

Mr. Pickett obtained leave to introduce a resolution proposing an alteration in the 13th section and 5th article of the Constitution of the state of Alabama; which was read a first time and ordered to be read a second time tomorrow.

Ordered that Mr. Baylor be added to the committee on schools, colleges and universities, and school and university lands.

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

Ordered that Mr. Watson be added to the committee on county boundaries.

Mr. Rather presented the account of the coroner of Morgan county; which was referred to the committee on accounts.

And then the House adjourned till tomorrow morning 10 o’clock.