Mr. Dickinson presented the account of Horatio Dade, jailor of Clarke county.
Mr. Shotwell presented the accounts of Arnold Thomason and John W. Gregory which were severally referred to the committee on accounts.
Mr. Pickens of Greene, presented the petition of Edward Herndon, praying compensation for services as adjutant general of the sixth brigade of Alabama militia, which was read and referred to the military committee.
Mr. Barton presented the petition of sundry citizens of Mobile, praying, that they may be allowed to hire the stalls in the market of Mobile, which was read and referred to a select committee, consisting of Messrs. Barton, Green and Watson.
Mr. Farrar from the military committee reported a joint resolution authorising the Governor to issue arms to a volunteer company therein named.
Mr. Vining from the committee on roads, bridges and ferries, reported a bill to be entitled an act to establish a state road, leading from the city of Mobile, to the Mississippi state line, which resolution and bill were severally read a first time, and ordered to be read a 2d time tomorrow.
Mr. Green from the select committee to whom was referred a bill, to be entitled an act to restrain disorderly tippling houses, reported the same with an amendment the house concurred.
Mr. Green from the select committee to whom was referred a bill
to be entitle an act regulating the manner of granting licenses to innkeepers and to restrain tippling houses; reported same without amendment, in which the House concurred. Ordered, that said bill lie on the table.
A message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate have passed a bill originating in your honorable body, entitled, an act to repeal in part and amend an act to authorise David Peobles to continue a toll bridge over the Escambia Creek in the county of Conecuh, and have amended the same by adding a proviso to the end of the last section thereof, in which amendment they desire your concurrence. They have also read three times and passed bills, which originated in their House of the following titles, to wit: An act to amend an act, passed at Huntsville, on the 17th Dec. 1819 to prevent the frauds and fraudulent combination of speculators, and other persons in the sales of public lands in this state; and, an act making bastards capable of inheriting and transmitting inheritance on the part of their mother, in which they desire your concurrence. Ordered, that this House concur in the amendments made by the Senate to the said first mentioned bill. Ordered, that the clerk acquaint the Senate therewith.
Mr. Gaines obtained leave to introduce a bill, to be entitled an act giving longer time to record deeds of conveyance.
Mr. Dinsmore obtained leave to introduce a bill, to be entitled an act to provide for the raising of a fund, for the support of an academy, and a hospital in the county of Baldwin.
Mr. Tindall obtained leave to introduce a bill, to be entitled an act to repeal and amend the laws now in force in relation to divorce and alimony.
Mr. Cunningham obtained leave to introduce a bill, to be entitled an act concerning judges o the county courts.
Mr. Cook obtained leave to introduce a bill, to be entitled an act to regulate the sales of slaves by constables; all of which were severally read a first time, and ordered to be read a second tomorrow.
Mr. Baylor obtained leave to introduce a bill, to be entitled an act the more effectually to protect the character of females, which was read a first time, and ordered to be read a second time on Monday next.
On motion of Mr. Pickett, Resolved, that the bank committee be instructed to inquire into the expediency of repealing so much of the bank charter, as reserves to each county its proportion of the money to be loaned out; and to provide by law for the establishment of three agencies, say one in the north, one in the west, and one in the southern section of the state; and that they have leave to report by bill or otherwise.
On motion of Mr. Pickens of G. Resolved, that the judiciary committee be instructed to inquire into the propriety of making it a sufficient service of a writ not requiring bail, to leave the same at the usual place of abode of the defendant.
On motion of Mr. Barton, Resolved, that the committee on the judiciary be instructed to inquire into the expediency of passing a law legalizing the acts of John Archer as acting sheriff of Mobile county, since the 2d day of August last, and of providing by law for an extra term of the circuit court for Mobile county.
Mr. Rather obtained leave to introduce a bill, to be entitled an act to repeal an act, passed December 30th, 1823, in relation to the 16th sections; which was read a first time and referred to the committee on schools, colleges and universities and school and university lands.
On motion of Mr. Pickens of D. Resolved, that the committee of ways and means be instructed to inquire into the expediency of so altering and amending the laws, as to allow all persons holding property in several counties within this state, to pay their state tax in the county in which they reside.
Mr. Fleming offered the following resolution: Resolved, that this House receive no new business, after Saturday the 4th of Dec. next; and that we adjourn sine-die on Saturday the fifteenth of the same month, and that the Senate be informed thereof. Ordered, that said resolution lie on the table. Ordered, that a bill to be entitled an act for the relief of Joseph Burleson, be referred to the committee on roads, bridges and ferries.
On motion of Mr. Creagh, Ordered, that this House take into consideration a bill, to be entitled an act to amend the laws in force and use, concerning free negroes, mulattoes and slaves, said bill being on its second reading, it was then amended; and, on motion, ordered, to be referred to the judiciary committee.
Bills, entitled an act to amend an act, entitled an act to prevent the frauds and fraudulent combinations at the sales of public lands within this state, passed at Huntsville, 17th Dec. 1819.
An act to incorporate a volunteer infantry corps in the city of Mobile to be styled "The Mobile Republican Greens;" were severally read a second time and ordered to be engrossed for a third reading tomorrow. Ordered, that a bill, to be entitled an act to compel subscribing witnesses to deeds of conveyance, and other instruments of writing to attend courts, and prove the execution thereof; and for other purposes, be referred to the judiciary committee.
A bill to be entitled, an act amendatory of an act regulating escheats in this state, and appointing escheators; and for other purposes, was read a second time.
Mr. Rather moved to amend said bill, by striking out the 2d section which was carried. Ordered, that said bill be engrossed for a third reading tomorrow.
Ordered, That a bill to be entitled an act to alter and establish the boundary lines, between certain counties therein named, be referred to a select committee; whereupon, Messrs. Mead, Exum and Farrar, were appointed said committee.
Mr. Farrar moved, that this House do now reconsider the vote given on yesterday, on the passage of the bill entitled an act divorcing Kelly Stegall from Nancy Stegall, which was carried.
And then the House adjourned till 3 o'clock this evening.
Evening three o'clock- The House resumed the consideration of the bill, to be entitled an act divorcing Kelly Stegall from Nancy Stegall said bill was read a third time and the question being put, shall this bill pass? there not being a constitutional majority in favor thereof, it was decided in the negative. Yeas 27, Nays 21.
The constitution requiring the vote to be taken in such cases by yeas and nays.
Those who voted in the affirmative, are,
Messrs. Abercrombie, Barton, Cook, Cunningham, Dale, Dickinson, Dinsmore, Edmondson, Exum, Gaines, Green, Mardis, Martin, McVay, McCord, Mead, Metcalf, Miller, Moore of J. Oliver, Parham, Perkins, Peyton, Pickens of D. Pickens of G. Rather, Tapscot- 29
Those who voted in the negative are,
Mr. Speaker, Bagby, Byler, Camp, Coleman, Creagh, Crenshaw, Fluker, Hill, Merriwether, Moore of Mar., Moore of Mon., Pickett, Ruffin, Shackleford, Shotwell, Vining, Watson, Weissinger, White, Worthington- 21.
On motion of Mr. Morton, Ordered, that seventy copies of the abstract of the census of Alabama, be printed for the use of this House.
An engrossed bill entitled an act to repeal an act entitled an act to establish regular justice's courts in this state, passed 30th Dec. 1823, was read a third time and laid on the table.
Mr. Mead from the committee of divorce and alimony, reported a bill to be entitled an act divorcing William Gates from Susannah Gates; which was read a first time and ordered to be read a second time tomorrow.
Mr. Barton offered the following resolution, Resolved, (with the concurrence of the Senate,) that the General Assembly will on Saturday next, at 3 o'clock, P.M. proceed to the election of two commissioners to attend the commissioners on the part of the United States, for running the boundary line between this state and the state of Georgia, in conformity with a joint resolution, passed the 1st day of January, 1823, which was rejected.
Engrossed bills of the titles following, to wit: An act to authorize Mary Ann Kennedy to emancipate a certain slave therein named; 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; An act to repeal in part an act therein mentioned; and requiring the plea of set-off or notice thereof in certain cases; An act the better to provide for the punishment of escapes.
On motion of Mardis, the House took into consideration a bill, to be entitled an act to regulate the mode of taxing costs on appeals taken from the decisions of justice's courts, to the circuit and county courts in this state; said bill being on its second reading, it was then amended, and referred to a select committee, consisting of Messrs. Moore of J. Pickens of G. and Skinner.
Bills from the Senate of the following titles: An act to amend an act passed at Huntsville on the 7th day of December, 1819, to prevent the frauds and fraudulent combination of speculators and other persons in the sales of the public lands in this state; An act making bastards capable of inheriting or transmitting inheritance on the part of their mother, were severally read a first time and ordered to be read a second time tomorrow. And then the House adjourned till to-morrow morning 9 o'clock.