Saturday, Nov. 27th

Mr. Coleman presented the petition of sundry inhabitants of St. Clair county, praying, that a part of said county may be added to Shelby county; which was read and referred to a select committee, consisting of Messrs. Coleman, Mardis and Shotwell

Mr. Crenshaw presented the petition and account of Joseph Graham, late sheriff of Dallas county, praying compensation for keeping


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and victualling prisoners, which were referred to the committee on accounts.

Mr. Mardis presented the petition of Green and Martin McElroy executors of Andrew McElroy, deceased, praying that they may be authorised to sell certain land belonging to their testator, which was read and referred to a select committee, consisting of Messrs. Mardis, Parham and Camp.

Mr. Mardis presented the account of Alexander Porter a bailiff, which was referred to the committee on accounts.

Mr. Mead from the committee on divorce and alimony, reported a bill to be entitled an act divorcing Asa Gough from Sally Gough, which was read a first time, and ordered to be read a second time on Monday next.

Mr. Vining from the committee on roads, bridges, and ferries, to whom was referred a bill to be entitled an act for the relief of Joseph Burleson, reported he same with an amendment, in which the House concurred.

The Speaker laid before the House the annual report of the state treasurer.  Ordered, that 100 copies thereof be printed for the use of this House.

Mr. Oliver obtained leave to introduce a bill, to be entitled an act to repeal an act entitled an act, regulating the fees of justices, constables and lawyers;

Mr. Rather obtained leave to introduce a bill, to be entitled an act declaring Flint river, in Morgan county, a public highway; which were severally read a first time and ordered to be read a second time on Monday next.

Bills of the following titles, to wit; An act to establish a state road leading from the city of Mobile to the Mississippi state line; An act concerning judges of the county courts, were severally read a second time; and ordered to be engrossed for a third reading on Monday next.

A bill to be entitled an act giving longer time to record deeds of conveyance; was read a second time, and referred to the judiciary committee.

A joint resolution authorising the Governor to issue arms to a volunteer company therein named; was read a second time and referred to a select committee, consisting of Messrs. Parham, Farrar and Dale.

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; was read a second time, and referred to a select committee, consisting of Messrs. Dinsmore, McCord and Barton.

On motion of Mr. Fluker, Resolved, that the judiciary committee be instructed to inquire into the expediency of passing a law to make some provision from compensating witnesses, who may attend the courts of this state, to testify in criminal cases; with leave to report by bill or otherwise.

On motion of Mr. Farrar, Resolved, that the judiciary committee be instructed to inquire into the expediency of so modifying the laws for the recovery of debts that merchants, and shop keepers shall be allowed to prove all book-debts under the sum of ____ dollars by their own oath, under such regulations and restrictions as the committee may deem just and proper.

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A bill to be entitled an act to repeal and amend the laws now in force, in relation to divorce and alimony; was read a second time. Mr. Mead moved to amend said bill by striking out all after the enacting clause, which was decided in the affirmative.

On motion of Mr. Mead, Resolved, that the committee on roads bridges and ferries, be instructed to inquire into the expediency of so amending the road law, as to make it the duty of overseers of roads, when they have served one year to express to the court appointing them, their willingness to serve as overseer, another year, or the court shall be required to make another appointment.

Mr. Abercrombie offered the following resolution, Resolved, that the committee on ways and means be instructed to inquire into the expediency of altering the mode of appointing assessors and collectors so as for the people to make that appointment, which was rejected. Yeas 26, Nays 29.

The yeas and nays being called for, those who voted in the affirmative are Messrs. Speaker, Abercrombie, Byler, Coleman, Cook, Cunningham, Dinsmore, Gaines, Green, Jones, Lanier, McVay, McCord, Mead, Metcalf, Miller, Morton, Oliver, Peyton, Pickett, Rather, Shackleford, Shotwell, Watson, Weissinger, Worthington- 26.

Those who voted in the negative are,

Messrs. Bagby, Barton, Baylor, Camp, Creagh, Crenshaw, Dale, Dickinson, Edmondson, Exum, Farrar, Fleming, Fluker, Hill, Mardis, Martin, Merriwether, Moore of J. Moore of Mar., Moore of Mon. Parham, Perkins, Pickens of D. Pickens of G. Ruffin, Skinner, Tapscot, Tindall, Vining- 29.

Mr. McCord offered the following resolution, Resolved that the committee of ways and means be instructed to inquire into the expediency of altering the law, so that it shall by the duty of the judge of the county court, together with the commissioners of roads and revenue, to appoint a fit person in each captain's company in the several counties in this state, to assess all property liable to taxation, with leave to report by bill or otherwise -- which was rejected.

A bill to be entitled an act to regulate the sale of slaves by constables, was read a second time and ordered to lie on the table.

Mr. Bagby from the judiciary committee to whom was referred a resolution of this House, directing them to inquire into the expediency of preventing by adequate penalties the introduction of slaves into this state, reported that this committee beg leave to be discharged from the further consideration of that subject.  Ordered, that said committee be discharged from the further consideration of said resolution.

Mr. Bagby from the same committee to whom was referred a resolution of this House, concerning the constitutionality of extending the lines of Jackson and Decatur, counties, be reported that said committee beg leave to be discharged from the further consideration thereof; and said committee was accordingly discharged.  Ordered, that said resolution be referred to a select committee, whereupon Messrs. Moore of J. Gaines and Tapscot were appointed said committee.

Mr. Bagby from the same committee to whom was referred the memorial of Henry Hitchcock, reported a bill to be entitled an act to authorise the purchase of 692 copies of the “Alabama Justice;” which was read a first time, and ordered to lie on the table.

A message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate have read three times and passed bills, which originated


43

in your honorable body entitled an act to emancipate certain persons therein named; An act to repeal part of the 9th section of an act entitled an act to regulate proceedings in chancery suits, passed Jan. 1st 1823. They have also read three times and passed bills, which originated in their House, entitled, an act to incorporate the town of Florence; an act to alter or amend an act passed Dec. 23d, 1822, entitled an act to establish a public road from the house of John Gandy, in Morgan county, to Baltimore or Morgan's springs, in Blount county; in all of which they desire your concurrence: and then he withdrew.

A bill to be entitled an act divorcing William Gates from Susannah Gates, was read a 2d time and ordered to be engrossed for a third reading on Monday next.

Bills from the Senate of the following titles, to wit: An act to alter or amend the act passed Dec. 23d, 1823, entitled an act to establish a public road from the house of John Gandy, in Morgan county, to Baltimore or Morgan's springs in Blount county; An act to incorporate the town of Florence, were severally read a first time, and ordered to be read a second time on Monday next.

The Speaker laid before the House the annual report of the Comptroller of public accounts which was referred to the committee of ways and means.  Ordered, that 300 copies of said report be printed for the use of this House.

A bill from the Senate entitled an act to amend an act, passed at Huntsville on the 17th 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, was read a 2d time, and referred to a select committee, consisting of Messrs.Perkins, Baylor & Fleming

A bill from the Senate, entitled an act making bastards capable of inheriting or transmitting inheritance on the part of their mother, was read a 2d time, and ordered to be read a third time on Monday next.

Engrossed bills of the following titles, to wit: An act to incorporate a volunteer infantry corps in the city of Mobile, to be styled the Mobile Republican Greens; An act amendatory of an act regulating escheats in this state, and to appoint escheators, and for other purposes; were severally read a third time and passed.

 Ordered, That the titles be as aforesaid.  Ordered, that the clerk acquaint the Senate therewith.

An engrossed bill, entitled an act to prevent the frauds and fraudulent combinations in the sale of public lands within this state, passed at Huntsville, on the 17th December, 1819; was taken up, and referred to the select committee, to whom was referred a bill of the same title from the Senate.

Mr. Bagby offered the following resolution, Resolved, that the committee on ways and means be instructed to inquire into the expediency of providing by law for the payment of such commissioners as may be appointed on the part of the state, to run the boundary line, between the state of Alabama and Georgia; which was rejected.

Mr. Oliver obtained leave to introduce a joint resolution, respecting the line between this state and the state of Georgia;  which was read a first time and ordered to be read a second time on Monday next.

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker -- The Senate have adopted the following resolution, in which


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they desire your concurrence: Resolved, that the Senate, with the concurrence of the House of Representatives, will convene in the Representative Chamber this day at the hour of 3 o'clock, for the purpose of electing a Secretary of State, to fill the vacancy occasioned by the resignation of James J. Pleasants, Esq.

They have read three times and passed a resolution in relation to unsettled land claims below the 31st degree of N. latitude; and preemption rights; which originated in your honorable body. And then he withdrew.

A communication was received from the Governor, by Samuel Pickens, Esq., which he delivered in at the Speaker's table: And then he withdrew.  Said communication was in writing, and is as follows:

EXECUTIVE DEPARTMENT, November 27th, 1824.

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

I have received the resignation of James J. Pleasants, Esq. as Secretary of State. In communicating to you this information, I am also requested to express the grateful sense entertained by that valuable and intelligent officer, for the evidence of confidence he has received from the General Assembly.

ISRAEL PICKENS.

 Ordered, That this House concur in the resolution contained in the last message from the Senate.  Ordered, That the clerk acquaint the Senate therewith.

On motion of Mr. Watson, Resolved, that the committee on ways and means be instructed to inquire into the expediency of reducing the tax on cattle so as to make it equal to the tax on slaves, according to value, and report by bill or otherwise. And then the House adjourned till three fourths after 2 o'clock this evening.

Evening-- Mr. Cook presented the account of the jailor of Butler county, which was referred to the committee on accounts.

On motion of Mr. Morton,  Ordered, that the Senate be informed that the House of Representatives is ready to receive them in their Hall, to go into the election of a State Printer, Secretary of State, and judge of the county court of Montgomery county; and that the west part of the Hall be prepared for their reception. The Senate having repaired to the hall of the House of Representatives. The two Houses proceeded to the election of a judge of the county court of Montgomery county. Benjah Bibb being in nomination, the votes were for Mr. Bibb; 76. The Speaker thereupon declared him duly elected.

Those who voted for Mr. Bibb, were

Mr. President

Sullivan

Crenshaw

Martin

Pickens of D.

     Casey

Taggert

Cunningham

McVay

Pickens of G.

     Coats

Wood

Dale

McCord

Pickett

     Conner

 Mr. Speaker

Dickinson

Mead

Rather

     Crabb

Abercrombie

Dinsmore

Merriwether

Ruffin

     Devereux

Bagby

Edmondson

Metcalf

Shackleford

     Hopkins

Barton

Exum

Miller

Shotwell

     McCamy

Baylor

Farrar

Moore of J.

Skinner

     Metcalfe

Baxter

Fleming

Moore of Ma.

Tapscot

     Moore

Beck

Fluker

Moore of Mo.

Tindall

     Murphy

Byler

Gaines

Morton

Vining

     McVay

Camp

Green

Oliver

Watson

     Powell

Coleman

Hill

Jones

Parham

Weissinger

     Shackleford

Cook

Lanier

Perkins

Worthington

     Smith

Creagh

Mardis

Peyton

White- 76.

The two Houses, then proceeded to the election of a State Printer for one year. Thomas P. Lumpkin and Wm. B. Allen being in nom-


45

ination, the votes were -- For Mr. Lumpkin 35- For Mr. Allen 40-

The Speaker thereupon declared Wm. B. Allen duly elected.

Those who voted for Mr. Lumpkin, are

Mr. President

Shackleford

Dale

Martin

Perkins

      Bibb

Abercrombie

Dickinson

McVay

Rather

      Conner

Bagby

Exum

McCord

Ruffin

      Devereux

Barton

Fleming

Mead

Tapscot

      Hopkins

Baxter

Green

Morton

Watson

      Moore

Camp

Hill

Oliver

Weissinger

      Powell

Cook

Lanier

Parham

White- 35.

Those who voted for Mr. Allen, are

Mr. Casey

Sullivan

Creagh

Merriwether

Pickens of G.

      Coats

Taggert

Crenshaw

Metcalf

Pickett

      Crabb

Wood

Cunningham

Miller

Shackleford

      McCamy

Mr. Speaker

Dinsmore

Moore of J.

Shotwell

      Metcalfe

Baylor

Farrar

Moore of Ma.

Skinner

      Murphy

Beck

Fluker

Moore of Mo.

Tindall

      McVay

Byler

Gaines

Peyton

Vining

      Smith

Coleman

Jones

Pickens of D.

Worthington- 40.

The two Houses then proceeded to the election of a Secretary of State. James I. Thornton, William Bower, and John E. Graham, being in nomination, the votes were,

For Mr. Thornton 53- For Mr. Bower 10- For Mr. Graham 14.

The Speaker thereupon declared James I. Thornton duly elected.

Those who voted for Mr. Thornton, are

Mr. President

Shackleford

Edmondson

Mead

Pickens of G.

      Bibb

Mr. Speaker

Exum

Merriwether

Rather

      Coats

Abercrombie

Farrar

Metcalf

Ruffin

      Conner

Baylor

Fleming

Miller

Shotwell

      Crabb

Baxter

Fluker

Moore of J.

Skinner

      Hopkins

Byler

Gaines

Moore of Ma.

Tapscot

      McCamy

Camp

Hill

Morton

Tindall

      Metcalf

Coleman

Lanier

Parham

Vining

      Moore

Creagh

Mardis

Perkins

White

      McVay

Dickinson

Martin

Peyton

Worthington-53

      Powell

Dinsmore

McVay

Those who voted for Mr. Bower, are

Mr. Casey

Wood

Crenshaw

Jones

Pickens of D.

      Taggert

Beck

Cunningham

McCord

Weissinger- 10

Those who voted for Mr. Graham, are

Mr. Devereux

Sullivan

Cook

Moore of Mo.

Shackleford

      Murphy

Bagby

Dale

Oliver

Watson- 14

      Smith

Barton

Greene

Pickett

And then the Senate withdrew.

And then the House adjourned till Monday 10 o'clock.