Tuesday, November 23, 1824.

Mr. Creagh presented the petition of Isaac Pugh, administrator and Achsah Robinson, widow of Amos Robinson deceased, praying that a law may pass authorizing said Isaac to transfer to William Robinson the right and interest of said Amos, to certain lands therein mentioned which was read and referred to the judiciary committee.

Mr. Parham presented the petition of sundry inhabitants of Franklin praying the passage of a law declaring Spring Creek in said county; a navigable stream; also the petition of sundry inhabitants of said county praying the incorporation of a company to open said creek; which were severally read and referred to the committee on inland navigation.

Mr. Moore of Marion presented the petition of Joseph Burleson, praying for further time to open a turnpike road therein mentioned which was read and referred to the committee on roads, bridges and ferries.

Mr. Crenshaw presented the petition of Elizabeth Wilson and others, praying that a law may pass authorizing them to sell certain real estate, which was read and referred to a select committee consisting of Messrs. Crenshaw, Fleming and Pickens of Dallas.

Mr. Skinner presented the petition of sundry inhabitants of Franklin, praying that a part of the 16th section, in range 11, and township 6, may be sold, which was read and referred to the committee on schools, colleges and universities and school and university lands.

Mr. Bagby from the judiciary committee to whom was referred the resolution directing them to inquire into the expediency of providing by law for the trial of all cases of assault and battery by the justices of the peace Reported that they deem it in-expedient to vest in the justices of the peace the power proposed by said resolution, in which report the House concurred.

Mr. Bagby from the same committee to whom was referred a Resolution directing them to inquire into the expediency of so altering the constitution, as to have biennial instead annual sessions of the legislature ; Reported, that they deem it expedient to alter the constitution in that particular.  Ordered, that the House disagree to said report. Ordered, that said resolution be referred to a select committee


25

whereupon, Messrs. Morton, White and Shotwell, were appointed said committee.

Mr. Bagby from the same committee to whom was referred a resolution, directing them to inquire into the expediency of increasing the find for Sabbath breaking, reported that said committee ask leave to be discharged from the further consideration of said resolution- which leave was granted.

Mr. Bagby from the same committee to whom was referred a resolution, directing them to inquire into the expediency of providing by law for the paying for slaves executed by the sentence of any court; reported a bill to be entitled an act, to provide for the payment of slaves executed in pursuance of law, which was read a first time and ordered to be read a second time tomorrow.

Mr. Moore of J. from the committee on divorce and alimony, reported a bill to be entitled an act divorcing Abraham Beadle from Letitia Beadle, which was read a first time, and ordered to be read a second time tomorrow.

Mr. Moore of J. from same committee, reported a bill to be entitled an act divorcing Kelly Stegall from Nancy Stegall, which was read a first time and ordered to be read a second time tomorrow.

Mr. White from the select committee to whom was referred the petition of Rebecca Fletcher, reported a bill to be entitled an act to repeal part of an act, entitled an act to authorize Rebecca Fletcher to emancipate a certain slave therein named, passed Dec. 29th, 1823, which was read a first time and ordered to be read a second time tomorrow.

Mr. Miller obtained leave to introduce a bill to be entitled an act, concerning the issuing and executing original process by justices of the peace.

Mr. Farrar obtained leave to introduce a bill to be entitled an act to exempt the citizens of the town of Elyton, in Jefferson county, from working on any road beyond the limits of the town of Elyton.

Mr. Rather obtained leave to introduce a bill to be entitled an act declaring Cotaco in Morgan county, a public highway.

Mr. Byler obtained leave to introduce a bill to be entitled an act regulating appeals on trials before justices of the peace.

Mr. Cunningham obtained leave to introduce a bill to be entitled an act to secure the payment of costs on all suits which may be brought in any of the courts of this state.

Mr. Barton obtained leave to introduce a joint resolution, in relation to certain objects of internal improvement in the state of Alabama.

Mr. White obtained leave to introduce a bill to be entitled an act for the relief of Charles Pearson, which were severally read a first time and ordered to be read a second time tomorrow.

Mr. Miller obtained leave to introduce a bill to be entitled an act allowing persons to retail spirituous liquors without license on days of elections, which was read a first time; and the question being put shall this bill be read a


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a first time; and Mr. Weissinger moved that the further consideration of said bill, be indefinitely postponed, which was decided in the negative.      Yeas 24,  Nays 31.

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

Mr. Beck

Dale

Hill

Moore of Mo.

Pickett

     Coleman

Dinsmoore

Jones

Oliver

Shackleford

     Cook

Farrar

Mead

Perkins

Shotwell

     Creagh

Fluker

Merriwether

Pickens of D.

Weissinger- 24

     Crenshaw

Greene

Moore of Ma.

Pickens of G.

 Those who voted in the negative are,

Mr. Speaker

Camp

Mardis

Moore of J.

Skinner

     Abercrombie

Cunningham

Martin

Morton

Tapscot

     Bagby

Edmondson

McVay

Parham

Tindall

     Barton

Exum

McCord

Peyton

Vining

     Baylor

Fleming

Metcalf

Rather

White

     Butler

Gaines

Miller

Ruffin

Worthington- 31

     Byler

Ordered, That said bill be read a second time tomorrow.

A message from the Senate by Mr. Lyon, their secretary. Mr. Speaker, the Senate have read a third time and passed a bill originating in your honorable body, entitled an act to alter the time of holding the county court of Lawrence county, and have amended the same by adding thereto, two additional sections, and by striking out of the caption the word “county,” and inserting in lieu thereof,  the words “and Jackson counties,” in which they desire your concurrence. They have also adopted the following resolution, in which they also desire your concurrence.  Resolved, that the House of Representatives be informed that the Senate will meet them in the Representative Hall, at 3 o’clock on Saturday next, for the purpose of electing a state printer. Ordered, that the House concur in the amendments made by the Senate to said bill. Ordered that said resolution lie on the table.

Mr. Bagby obtained leave to introduce a bill, to be entitled an act to authorise John Parks to sell certain real estate therein named, which was read a first time and referred to a select committee, consisting of Messrs. Bagby, Metcalf and Peyton.

On motion of Mr. Shackleford, Resolved, that the judiciary committee be instructed to inquire into the expediency of altering the mode of renewing subpoenas for each subsequent term, so that when a witness is subpoenaed he shall be bound to attend, from term to term until dismissed.

On motion of Mr. Fleming, Resolved  that the judiciary committee be instructed to inquire into the expediency of preventing by adequate penalties the introduction of slaves into this state for sale.

On motion of Mr. Baylor, Resolved, that so much of the message of the Governor as relates to any defects in the rules of special pleading be referred to the judiciary committee.

Bills of the following titles, to wit: An act to repeal in part and amend an act entitled an act to regulate the mode of drawing an summoning jurors, passed 7th Dec. 1811; An act to establish the Mobile society of literature, were severally read a 2d time, and ordered to be engrossed for a third reading tomorrow.

A bill to be entitled an act to repeal the 2d and 3d sections of an act, entitled an act to regulate the rate of interest, passed December 17th, 1819, was read a second time.  On motion of Mr. Rather, Ordered, that the further consideration of said bill be indefinitely postponed.


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 A bill to be entitled an act to authorise Mary Ann Kennedy to emancipate a certain slave therein named, was read a second time, and referred to a select committee, consisting of Messrs. Martin, Fluker, and Gaines.

Joint resolutions proposing amendments to the constitution of the state of Alabama, were read a 2nd time, and ordered to lie on the table.

An engrossed bill, entitled an act to emancipate certain persons therein named, was read a third time and passed. Ordered, that the title be as aforesaid. Ordered, that the clerk convey the same to the Senate.

An engrossed bill to be entitled an act divorcing Sarah R. Swansey from James N. Swansey, was read a 3d time and passed: yeas 36, nays15

Those who voted in the affirmative are,

Mr. Abercrombie

Dale

Green

Moore of J.

Rather

       Barton

Dinsmoore

Mardis

Moore of Mar

Ruffin

       Baylor

Edmondson

Martin

Oliver

Shackleford

       Baxter

Exum

McVay

Parham

Shotwell

       Camp

Fleming

Mead

Peyton

Tapscot

       Coleman

Fluker

Metcalf

Pickens of D.

Vining

       Cook

Gaines

Miller

Pickens of G.

White- 36.

       Cunningham

            Those who voted in the negative are,

Mr. Speaker

Creagh

Hill

Merriwether

Tindall

       Bagby

Crenshaw

Jones

Moore of Mo.

Weissinger

       Byler

Farrar

McCord

Pickett

Worthington- 15

Ordered, that the title be as aforesaid. Ordered, that the clerk convey the same to the Senate.

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

Evening, 3 o'clock- An engrossed bill, entitled an act divorcing William Roundtree from Sally Roundtree, was read a third time and passed: yeas 33, nays 15.

Those who voted in the affirmative are,

Mr. Abercrombie

Cunningham

Green

Miller

Pickens of D.

      Barton

Dale

Mardis

Moore of J.

Rather

      Baylor

Edmondson

Martin

Oliver

Ruffin

      Baxter

Exum

McVay

Parham

Shackleford

      Camp

Fleming

McCord

Perkins

Tapscot

      Coleman

Fluker

Mead

Peyton

Vining- 33

      Cook

Gaines

Metcalf

Those who voted in the negative are,

Mr. Speaker

Crenshaw

Merriwether

Pickens of G.

Tindall

      Bagby

Dinsmoor

Moore of Ma.

Pickett

Weissinger

      Creagh

Hill

Moore of Mo.

Shotwell

Worthington- 15

Ordered, that the title be as aforesaid. Ordered, that the clerk convey said bill to the Senate.

An engrossed bill to be entitled an act divorcing Elizabeth Fields from John Fields, was read a 3d time and passed. Yeas 35, nays 14.

Those who voted in the affirmative, are,

Mr. Abercrombie

Cunningham

Gaines

Metcalf

Pickens of D.

       Barton

Dale

Green

Miller

Pickens of G.

       Baylor

Dinsmoor

Lanier

Moore of J.

Rather

       Baxter

Edmondson

Martin

Oliver

Ruffin

       Camp

Exum

McVay

Parham

Shackleford

       Coleman

Fleming

McCord

Perkins

Tapscot

       Cook

Fluker

Mead

Peyton

Vining- 35.

Those who voted in the negative are,

Mr. Speaker

Crenshaw

Moore of Ma.

Pickett

Weissinger

       Bagby

Hill

Moore of Mo.

Shotwell

Worthington- 14

       Creagh

Merriwether

Morton

Tindall


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Ordered, that the title be as aforesaid. Ordered, that the clerk convey said bill to the Senate.

Bills from the Senate of the following titles to wit: an act to authorise the emancipation of a certain slave therein named; an act to prevent the abatement of suits at common law; were severally read a 3d time and passed. Ordered, that the clerk acquaint the Senate therewith.

An engrossed bill and resolution of the following titles, to wit: an act to repeal part of the ninth section of an act entitled an act to regulate the proceedings in chancery suits, passed Jan. 1st, 1823; a resolution in relation to unsettled land claims below the 31st degree of north latitude and pre-emption rights; were severally read a third time and passed.  Ordered, that the titles be as aforesaid.  Ordered, that the clerk acquaint the Senate therewith.

On motion of Mr. Tindall, Resolved, that the committee on schools, colleges and universities, and school and university lands, be instructed to inquire into the expediency of passing a law offering corporate powers to the citizens of each and every township in this state, obligatory only on those townships, a majority of whose citizens may accept the conditions expressed or contained in the act of incorporation; providing for the sale or lease for ninety-nine years, renewable forever, of the sixteenth section in each of the aforesaid townships: and also for the permanent investment of the funds arising from such sale or lease, in the bank of this state, and the profits arising from such investment to be for the exclusive benefit and under the special control of the inhabitants of the particular township to which it may belong; and that they report by bill or otherwise.

On motion of Mr. Exum, Resolved, that the committee on roads, bridges and ferries, be instructed to inquire into the situation of the bridge built across the Cahawba river, pursuant to the act of the General Assembly, passed, Dec. 4th, 1819; and also into the liability of the parties concerned in the contract for building the same, with authority to send for persons and papers relative to that subject.

And then the House adjourned till tomorrow morning 10 o'clock.second time tomorrow? it was decided in the negative.

Mr. Morton obtained leave to introduce a bill to be entitled an act to alter the mode of voting in elections by the people, which was read