Wednesday, November 24, 1824.

Mr.  Parham presented the petition of sundry inhabitants of Franklin, praying that witnesses may be relieved from attending distant courts, which was read and referred to the judiciary committee.

Mr. Vining from the committee of roads, bridges and ferries, reported a bill to be entitled, an act to repeal part of an act entitled an act declaring the old road from Warren Stone's in Montgomery county, to the town of Montgomery, the state road, and for other purposes, which was read a first time and ordered to be read a 2d time tomorrow.

Mr. Moore of J. presented the account of the sheriff of Conecuh which was referred to the committee on accounts.

Mr. Miller from the select committee to whom was referred a bill to be entitled an act to repeal in part and amend an act entitled an act to repeal in part and amend an act entitled act to regulate the proceedings in the courts of law and equity in this state, passed June 14th, 1821,  reported the same without amendment which report the House concurred. Ordered, that said bill be engrossed, and read a third time tomorrow.

Mr. Mead obtained leave to introduce a bill, to be entitled, an act to


29

amend the law in force and use concerning free negroes, mulattoes and negroes which was read a first time and ordered to be read a second time tomorrow.

Mr. Bagby presented the record of Tuscaloosa court, in the case of Wm. Bryant against Rhody Bryant for divorce, which was referred to the committee on divorce and alimony.

Mr. Byler offered the following resolution; Resolved that the judiciary committee be instructed to inquire into the expediency of so altering the law, as to give to the county courts grand juries and jurisdiction to try all assaults and batteries; which was rejected.

On motion of Mr. Metcalf, Resolved that the judiciary committee be instructed to enquire into the expediency and power of changing the mode of granting divorces.

Mr. Bagby from the judiciary committee to whom was referred so much of the Governor's message as relates to the escape of persons confined for criminal offences; reported a bill to be entitled an act the better to provide for the punishment of escapes, which was read a first time and ordered to be read a second time tomorrow.

Mr. Bagby from the same committee, reported a bill to be entitled an act to repeal an act entitled an act to establish regular justices’ courts in this state, passed 30th Dec. 1823; which was read a first time and ordered to lie on the table.

Mr. Bagby from the same committee to whom was referred the petition of sundry inhabitants of Franklin, praying to be relieved from the tardy progress of business in the circuit court of said county, and other grievances, reported that said committee beg to be discharged from the further consideration thereof.  Ordered that said committee be discharged from the further consideration thereof.

Mr. Bagby, from the same committee to whom was referred so much of the Governor's message as relates to the Huntsville Bank, reported that said committee beg leave to be discharged from the further consideration thereof: and said committee were accordingly discharged.  Ordered, that said part of said message be referred to the bank committee.

Mr. Moore, of J. obtained leave to introduce a bill, to be entitled an act regulating the manner of granting licenses to innkeepers and to restrain tippling houses; which was read a first time and referred to the select committee to whom was referred a bill from the Senate to be entitled an act to restrain disorderly tippling houses.

On motion of Mr. Farrar, Resolved, that the judiciary committee be instructed to inquire into the expediency of adding another week to the terms of the circuit courts of Jefferson and Green counties.

On motion of Mr. Barton, Resolved that the committee of ways and means be instructed to inquire into the justice and expediency of reducing the tax on horned cattle.

On motion of Mr. Peyton, Resolved, that the committee of ways and means be instructed to inquire into the expediency of reducing the state tax; with leave to report by bill or otherwise.

Mr. White obtained leave to introduce a bill to be entitled an act to repeal in part an act therein mention; and requiring the plea of set off, or notice thereof in certain cases; which was read a first time and ordered to be read a second time on tomorrow.


30

On motion of Mr. Byler, the House took into consideration, a resolution proposing amendments to the constitution of the state of Alabama; said resolution being on its second reading.

Mr. White moved to amend said resolution by striking out the word “two,” where it occurs in these words, “senators shall be chosen by the qualified electors for the term of two years,” for the purpose of inserting the word “four;” which was carried. Yeas 37, nays 20.

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

Mr. Speaker

Dale

Green

Moore of Mo.

Rather

      Bagby

Dickinson

Mardis

Morton

Ruffin

      Barton

Dinsmoor

Martin

Parham

Tapscot

      Baxter

Edmondson

Merriwether

Perkins

Tindall

      Beck

Exum

Miller

Peyton

Vining

      Camp

Farrar

Moore of J.

Pickens of D.

White

      Cook

Fleming

Moore of Ma.

Pickens of G.

Worthington-37

      Creagh

Fluker

Those who voted in the negative are

Mr. Abercrombie

Crenshaw

Jones

Mead

Shackleford

      Baylor

Cunningham

Lanier

Metcalf

Shotwell

      Byler

Gaines

McVay

Oliver

Skinner

      Coleman

Hill

McCord

Pickett

Weissinger-20.

Mr. Fluker moved to amend said resolutions so as to have annual instead of biannual sessions; which was lost.

Mr. Moore of J. moved to amend said resolutions by adding at the end of these works “and the sheriff then elected shall continue in office for two years,” the following words: “and shall be again eligible under restrictions made by law;” which was carried.

Mr. Rather moved to strike out the following words, “A competent number of justices of the peace shall be appointed in and for each county, in such mode and for such term of office, as the General Assembly may direct: their jurisdiction in civil cases shall be limited to causes in which the amount in controversy shall not exceed one hundred dollars; and in all cases of trial by a justice;  the right of appeal shall be secured, under such rules and regulations as may be prescribed by law, which was carried. Yeas 41, Nays 16.

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

Mr. Speaker

Creagh

Fleming

Miller

Rather

      Abercrombie

Crenshaw

Fluker

Moore of Mo.

Ruffin

      Bagby

Dale

Green

Morton

Tapscot

      Barton

Dickinson

Jones

Oliver

Tindall

      Baylor

Dinsmoor

Mardis

Perkins

Vining

      Baxter

Edmondson

Martin

Peyton

Weissinger

      Camp

Exum

Mead

Pickens of D.

White

      Coleman

Farrar

Merriwether

Pickens of G.

Worthington-41

      Cook

Those who voted in the negative, are,

Mr. Beck

Hill

McCord

Moore of Ma.

Shackleford

       Byler

Lanier

Metcalf

Parham

Shotwell

       Cunningham

McVay

Moore of J.

Pickett

Skinner- 16.

       Gaines

Mr. Moore of J. moved to fill the blank where it occurs in these words “the judges of the several courts in this state shall hold their offices for ____ years,” with the word “fifty;” which was lost.

Mr. Fluker moved to fill said blank with “ten” which was lost.


31

Mr. Pickett moved to fill the said blank with “six”; which was lost.

Mr. Metcalf moved to fill said blank with “four;” which was lost.

Yeas 22, nays 35.

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

Mr. Abercrombie

Crenshaw

Lanier

Miller

Shotwell

      Baylor

Cunningham

McVay

Oliver

Skinner

      Baxter

Gaines

McCord

Parham

Vining

      Byler

Green

Metcalf

Pickett

Weissinger-22

      Coleman

Hill.

Those who voted in the negative, are

Mr. Speaker

Dale

Fluker

Moore of Ma.

Rather

      Bagby

Dickinson

Jones

Moore of Mo.

Ruffin

      Barton

Dinsmoor

Mardis

Morton

Shackleford

      Beck

Edmondson

Martin

Perkins

Tapscot

      Camp

Exum

Mead

Peyton

Tindall

      Cook

Farrar

Merriwether

Pickens of D.

Worthington

      Creagh

Fleming

Moore of J.

Pickens of G.

White- 33.

Mr. Martin moved to strike out the following words:

“The judges of the several courts in this state shall hold their offices for years, and at the end of said term their commissions shall expire; and for willful neglect of duty, or other reasonable cause which shall not be sufficient ground for impeachment, the Governor shall remove any of them from office, on the address of two thirds of each House of the General Assembly: Provided, however, that the cause or causes for which such removal shall be required, shall be noted at length in such address, and entered on the Journal of each House: And provided further, that the cause of causes shall be notified to the judges so intended to be removed; and he shall be admitted to a hearing in his own defence before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays, and entered on the Journal of each House respectively: And provided also, that the judges of the several circuit courts, who shall be appointed before the commencement of the first session of the General Assembly, which shall be begun and held after the first day of January, in the year of our Lord one thousand eight hundred and twenty-five, shall only hold their offices during good behaviour, and until the end of the said session, at which time their commissions shall expire;” which was carried.

Mr. Moore, of Mon. moved to strike out the following words: “Those amendments proposed to the constitution of the state of Alabama shall take effect, and be in force from and after the 1st day of August, 1828; and from and after that period the General Assembly shall hold their session once in every two years, and no more, except on extraordinary occasions, as is prescribed in article 4th, section 8th.”

Mr. Shackleford moved to amend said amendment, by striking out the whole resolution; which was lost. Yeas 20, nays 37.

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

Mr. Bagby

Cook

Dinsmoor

Merriwether

Pickens of G.

      Barton

Creagh

Farrar

Oliver

Ruffin

      Baylor

Dale

Fluker

Parham

Shackleford

      Baxter

Dickinson

Green

Pickens of D.

Tindall- 20

Those who voted in the negative, are

Mr. Speaker

Edmondson

Martin

Moore of Ma.

Shotwell

      Abercrombie

Exum

McVay

Moore of Mo.

Skinner

      Beck

Fleming

McCord

Morton

Tapscot

      Byler

Gaines

Mead

Perkins

Vining

      Camp

Hill

Metcalf

Peyton

Weissinger

      Coleman

Jones

Miller

Pickett

White

      Crenshaw

Lanier

Moore of J.

Rather

Worthington-37

      Cunningham

Mardis


32

The question was then taken on Mr. Moore's amendment and lost.

Ordered, that said resolution be engrossed and be read a third time tomorrow.

Mr. Mardis obtained leave to introduce a bill, to be entitled an act to regulate the mode of taxing costs on appeals taken from the decision of justice's courts to the circuit and county courts in this state, which was read a first time, and ordered to be read a second time to-morrow.

A message from the Senate, by Mr. Lyon their secretary: Mr. Speaker, the Senate have adopted the following resolution, in which they desire your concurrence: Resolved by the Senate, with the concurrence of the House of Representatives the General Assembly will on Saturday the 4th of Dec. next at 3 o'clock, P. M. proceed to the election of a Senator to the Congress of the U. States, for the term of six years from the 4th day of March next thereafter.

They have read three times and passed a bill originating in this House, entitled an act for the relief of Abel Pennington. Mr. Martin moved to lay said resolution on the table, which was lost. Yeas 15, Nays 41.

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

Mr. Speaker

Cook

Edmondson

Lanier

McVay

      Baylor

Creagh

Farrar

Mardis

Perkins

      Byler

Dinsmore

Gaines

Martin

Tindall- 15.

Those who voted in the negative, are,

Mr. Abercrombie

Cunningham

Mead

Oliver

Shackleford

      Bagby

Dickinson

Merriwether

Parham

Shotwell

      Barton

Exum

Metcalf

Peyton

Skinner

      Baxter

Fleming

Miller

Pickens of D.

Tapscot

      Beck

Fluker

Moore of J.

Pickens of G

Vining

      Camp

Green

Moore of Ma.

Pickett

Weissinger

      Coleman

Hill

Jones

Moore of Mo.

Rather

Worthington

      Crenshaw

McCord

Morton

Ruffin

White- 41.

Ordered, That the House concur in said resolution. Ordered, that the clerk acquaint the Senate therewith.

The House then adjourned till this Evening 3 o'clock.

Evening Session, 3 o'clock- A bill entitled an act to provide for the payment of slaves executed in pursuance of law, was read a second time and amended.

Mr. Metcalf moved that the further consideration of said bill be indefinitely postponed, which was lost. Yeas 23, Nays 29.

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

Mr. Beck

Edmondson

McVay

Oliver

Tindall

      Byler

Green

McCord

Peyton

Worthington

     Coleman

Hill

Merriwether

Ruffin

White- 23.

     Cook

Jones

Metcalf

Shotwell

     Cunningham

Mathis

Miller

Skinner

Those who voted in the negative, are

Mr. Speaker

Crenshaw

Fluker

Moore of Ma.

Rather

     Bagby

Dale

Gaines

Moore of Mo.

Shackleford

     Barton

Dinsmore

Lanier

Morton

Tapscot

     Baylor

Exum

Martin

Perkins

Vining

     Camp

Farrar

Mead

Pickens of D.

Weissinger-29

     Creagh

Fleming

Moore of J.

Pickett

Ordered, that said bill be engrossed for a third reading to-morrow.


33

Bills of the following titles to wit: An act divorcing Abraham Beadle from Letitia Beadle; An act concerning the issuing and executing of original process by justices of the peace; An act divorcing Kelly Stegall from Nancy Stegall; An act to repeal part of an act entitled an act to authorise Rebecca Fletcher to emancipate a certain slave therein named; Resolution in relation to certain objects of Internal improvement within the state of Alabama; An act for the relief of Charles Pearson; An act declaring Cotaco in Morgan county a public highway; An act to exempt the citizens of the town of Elyton from working on any road beyond the limits of the town of Elyton; An act to incorporate the Mobile society of literature; were severally read a 2d time, and ordered to be engrossed for a 3d reading tomorrow.

A bill to be entitled an act to amend the first section of an act entitled an act amendatory to the laws now in force for the relief of insolvent debtors, passed June 15th, 1821, was read a second time, and referred to the judiciary committee.

A bill to be entitled an act regulating appeals on trials before justices of the peace, was read a second time.  Mr. White moved that the further consideration of said bill be indefinitely postponed, which was carried- Yeas 38- Nays 14.

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

Mr. Abercrombie

Edmondson

Martin

Oliver

Shotwell

      Bagby

Exum

McVay

Parham

Tindall

      Baylor

Fluker

Mead

Perkins

Vining

      Beck

Green

Merriwether

Pickens of D.

Weissinger

      Camp

Hill

Miller

Pickens of G.

Worthington

      Cook

Jones

Moore of J.

Rather

White- 38.

      Creagh

Lanier

Moore of Ma.

Ruffin

      Crenshaw

Mardis

Morton

Shackleford

Those who voted in the negative, are

Mr. Speaker

Byler

Dinsmore

Metcalf

Skinner

      Barton

Coleman

Gaines

Peyton

Tapscot- 14.

      Baxter

Cunningham

McCord

Pickett

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 in this state, was read a second time and laid on the table.

Ordered, that a bill to be entitled an act to alter the mode of voting in elections by the people, be laid on the table.

An engrossed bill entitled an act to repeal in part and amend an act to regulate the mode of drawing and summoning jurors, was read a third time: Mr. Vining moved that the further consideration of said bill be indefinitely postponed, which was carried- Yeas 36- Nays 15.

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

Mr. Speaker

Creagh

Mardis

Moore of Mo.

Ruffin

      Bagby

Crenshaw

Martin

Morton

Tapscot

      Barton

Edmondson

McVay

Oliver

Tindall

      Baylor

Exum

Mead

Parham

Vining

      Beck

Fluker

Merriwether

Pickens of D.

Weissinger

      Camp

Green

Miller

Pickens of G.

Worthington

      Cook

Hill

Jones

Moore of J.

Pickett

White- 36.

Those who voted in the negative, are

Mr. Abercrombie

Cunningham

McCord

Perkins

Shackleford

      Byler

Gaines

Metcalf

Peyton

Shotwell

      Coleman

Lanier

Moore of Ma.

Rather

Skinner- 15.


34

On motion of Mr. Creagh, Resolved, that the committee on roads, bridges and ferries be instructed to inquire into the expediency of vesting the county courts with power to alter any state road running through their county; with leave to report by bill or otherwise.

On motion of Mr. Moore of Mon. Resolved, that the judiciary committee be instructed to inquire into the expediency of so amending or altering the law as to change the mode of trying slaves for capital offences.

On motion of Mr. Merriwether, Resolved that the judiciary committee be instructed to inquire into the expediency of passing a law exempting from taxation all such slaves as have been rendered unfit by nature, disease or accident, to perform the necessary labors for their own support.

On motion of Mr. McCord, Resolved, that the military committee be instructed to inquire into the expediency of so altering the militia law as to have two company musters in each captain's company, in every year; and that a delinquent, when tried by any court marshal, for any failure of duty, and excused from a fine, shall not be liable for costs; with leave to report by bill otherwise.

Mr. Pickett obtained leave to introduce a bill, to be entitled an act to repeal in part an act entitled an act to establish regular justices’ courts in this state; which was read a first time and ordered to be read a second time tomorrow.

And then the House adjourned till ten o'clock tomorrow.