Thursday, December 1, 1825.

Mr. Moore presented the petition of sundry inhabitants of Monroe county praying the passage of a law authorizing the sale of the 16th section of land in said county, which was read and referred to the committee on schools, colleges and universities, and school and university lands.


44

Mr. Creagh presented the petition of Wm. R. Parker, praying the passage of a law to emancipate a certain slave therein named, which was read and referred to a select committee, consisting of Messrs. Creagh, Moore and Barton of Mobile.

Mr. Vining laid before the House the record and proceedings of the circuit court of Madison county exercising chancery jurisdiction, in the case of Sally Roundtree vs. William Roundtree; which was read, and referred to the committee on divorce and alimony.

Mr. Fitzpatrick, from the committee on propositions and grievances, to whom was referred the petition of the judge of the county court, and commissioners of the roads and revenue and other citizens of Butler and Autauga counties, to alter the mode of appointing assessors and collectors of taxes, reported a bill to be entitled, an act to alter the mode of appointing assessors and tax collectors; which was read a first time and ordered to be read a second time.

Mr. Fitzpatrick, from the committee on propositions and grievances, to whom was referred the petition of Lewis Howser, reported a bill to be entitled, an act for the relief of Lewis Howser; which was read a first time, and ordered to be read a second time.

Mr. Fitzpatrick from the committee on propositions and grievances, to whom was referred the petition of David Tuppance, reported a bill to be entitled, an act to change the name of David Tuppance; which was read a first time and ordered to be read a second time.

Mr. Fitzpatrick, from the committee on propositions and grievances, to whom was referred the petition of William Moody, reported a bill to be entitled, an act to change the name of and legitimate, James Burn;  which was read a first time and ordered to be read a 2d time.

 A message from the Senate, by Mr. Lyon, their secretary:

Mr. Speaker- The Senate concur in the resolution of your honorable body, proposing to go into the election of a state printer and judges of the county courts of Jefferson and Shelby counties; and have amended the same, by striking out the words "this day, at the hour of three o'clock P. M." and inserting in lieu thereof the words "on this the 1st December, at the hour of three o'clock, P. M."- in which they desire your concurrence. They have read three times and passed bills which originated in their house, entitled, An act to repeal in part an act, approved December 15, 1824, declaring Flint river, in Morgan county, a public highway; An act to repeal in part an act, entitled an act, to establish certain counties therein named and for other purposes, passed December 17, 1821, and for other purposes - in which they also desire your concurrence; and then he withdrew. In which amendment the House concurred.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Moore from the select committee, to whom was referred the petition of Isaac Jordon, reported a bill to be entitled an act, to authorize Isaac Jordon to emancipate a certain slave therein named; which was read a first time and ordered to be read a second time.

Engrossed bills from the Senate of the following titles, to wit:

An act to repeal in part an act, approved December 15, 1824, declaring Flint river, in Morgan county, a public highway; An act to repeal in part an act, entitled an act, to establish certain counties therein


45

named and for other purposes, passed December 17, 1821, and for other purposes; were severally read a first time and ordered to be read a second time.

Mr. Morton, from the select committee to whom was referred a bill to be entitled an act, to prohibit the further granting licenses for gaming tables, reported in lieu thereof, a bill to be entitled an act, to prohibit the further granting licenses for gaming tables; which was read a second time and ordered to be engrossed for a third reading.

Mr. Davis obtained leave to introduce a bill to be entitled an act to locate the university of the state of Alabama; which was read a first time and ordered to be read a second time.

On motion of Mr. Morton, Resolved, that a committee of three members be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to memorialize the Congress of the United States, relative to the lands owned and occupied by citizens of this state, which has not yet been paid out of the office; whereupon Messrs. Morton, Davis and Greening were appointed.

Ordered, That Mr. Creagh be added to the judiciary committee.

On motion of Mr. Walthall, Resolved, That there be appointed a special committee, for the purpose of inquiring into the expediency of revising, consolidating and amending the several acts relative to the roads, bridges, ferries and highways in this state; with leave to report by bill or otherwise - whereupon, Messrs. Walthall, Moore, Baylor and Creagh were appointed.

On motion of Mr. Benson Resolved, That the judiciary committee be instructed to inquire into the expediency of prescribing some method by law, whereby free negroes, under the age of twenty-one years, may be bound out, and that they have leave to report by bill or otherwise.

Mr. Lewis obtained leave to introduce a bill to be entitled an act, to establish a permanent seat of justice for the county of Jackson and for other purposes; which was read a first time and ordered to be read a second time.

A bill to be entitled an act to provide for the payment of petit jurors in the county of Blount, was read a second time. Mr. Bailey, of Mont. moved to amend said bill, by adding the words "and Montgomery," which was adopted. Ordered, That said bill be referred to the judiciary committee.

A bill to be entitled, an act for improving the navigation of the port and harbour of Mobile, was read a second time, and ordered to be engrossed for a third reading.

On motion of Mr. Morton, Resolved, That the committee on propositions and grievances be instructed to inquire into the expediency of passing a law prohibiting the introduction of slaves to this State, with leave to report by bill or otherwise.

A bill to be entitled, an act to prevent the removal of cattle up the country at certain seasons of the year, was read a second time. Mr. Moore moved that the further consideration of said bill be indefinitely postponed; which was carried.

Mr. Thornton moved the following resolution: Resolved That the committee on roads, bridges and ferries be instructed to examine into


46

the propriety of amending the laws relating to public ferries, so as that in all cases where the owner of a ferry has complied with the law, by providing a good and sufficient boat, and giving the bond required, it shall be unlawful for any person or persons, other than the owner of such public ferry, to convey or cause to be conveyed, any goods or effects   o her than his, her, or their own, over any water course within _____ miles of any such public ferry, either with or without compensation which was lost.

A bill to be entitled, an act to alter the times of holding the county courts in the county of Morgan, was read a second time, and ordered to be engrossed for a third reading.

Bills of the following titles: to wit,

An act to authorize the administrators of James Gilleland, deceased; an act to authorize Harvey Dillahunty, Administrator of the estate of John L. Viser, deceased, to sell the certificate for a quartersection of land therein described, - were severally read a second time and referred to the judiciary committee.

Engrossed bill to be entitled an act to appoint a commissioner for the town of Montecello in the county of Pike, and for other purposes, was read a third time, and passed. Ordered, That the title be changed from that of a bill to that of an act. Ordered, That the same be sent to the Senate for their concurrence.

On motion of Mr. Cook, Resolved, That the committee on roads bridges, and ferries be instructed to inquire into the expediency of devising some plan by which the Federal Road from Fort Dale to Durant's shall be repaired, and kept in repair, with leave to report by bill or otherwise. The House adjourned till half past 2 o'clock.

Evening Session- Mr. Coalter offered the following resolution, Resolved, That a committee be appointed by this House, to act with such committee as may be appointed by the Senate, to wait on Mr. Bailey of Lauderdale, a member of this House, absent and confined through indisposition, and receive his vote in the election for state printer; which was adopted- yeas 27, nays 25.

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

Mr. Speaker

Broadnax

Edmondson

Heard

McLemore

      Armbrister

Brown

Fitzpatrick

King

Peyton

      Bailey of Mt.

Coalter

Fluker

Lambert

Vaughan

      Barton of Mo.

Coleman

Greening

Lyon

Weissinger

      Barton of Tus.

Conner

Hallett

Lewis

Warren- 27.

      Baxter

Dupuy

 

Those who voted in the negative, are

Mr. Baylor

Creagh

Mardis

Pickens

Thornton

      Benson

Crenshaw

Martin of Fr.

Saffold

Vining

      Brandon

Davis

Mead

Shotwell

Watson

      Cook

Hickman

Neill

Sims

White

      Coopwood

Jones

Oliver

Tate

Dellett- 25

.

Whereupon Messrs. Coalter, Coopwood and King were appointed said committee.

Mr. Mardis from the select committee to whom was referred so much of the Governor's message as relates to the removal and permanent location of the seat of government of the State of Alabama, made the following report: Resolved, That it is expedient to remove the


47

seat of government of the State of Alabama from the town of Cahawba. Resolved, That it is expedient that the permanent seat of government be located within ____ miles from the State- House in the town of Cahawba. Resolved, That commissioners be appointed for the purposes of examining and reporting to this House a proper place to locate the seat of government of the State of Alabama; and that their examination be confined within _____ miles of the town of Cahawba. Ordered, That said report lie on the table.

On motion of Mr. Barton, of Mobile, Resolved, That the judiciary committee be instructed to inquire into the expediency of providing for an extra term of the Circuit Court of Mobile, Jefferson, Baldwin and Jackson counties; and of making the same a term for the service and return of original process.

On motion of Mr. Morton, Resolved That the Senate be invited to assemble in the Representative Hall for the purpose of electing a Public Printer and Judges of the county courts of Jefferson and Shelby counties, agreeable to a former resolution; and that the west end of the House be appropriated for their reception.

On motion of Mr. Hickman, Resolved, That the Comptroller of Public Accounts be requested to lay before this House a more particular statement of public defaulters than that shown in his general report, specifying as far as he possesses the means of information, who among them are insolvent, and without sufficient security; who are supposed to be solvent; and particularly what steps have been taken on the part of this State to compel payment; and how far suits against defaulters have progressed towards judgment.

Mr. Coopwood moved the following resolution: Resolved, That the judiciary committee be instructed to inquire into the expediency of having three sessions of the circuit court in each county annually; and if not in each county, what counties it would be necessary for the courts to set three times; which was lost.

The Senate having repaired to the House of Representatives, both Houses proceeded to the election of a public printer for the next ensuing twelve months; William B. Allen and Lumpkin & Dodson being in nomination. Those who voted for Mr. Allen, are

Mr. Ash

Sullivan

Coopwood

Lewis

Saffold

      Casey

Vanhoose

Crenshaw

Martin of Fr.

Shotwell

      Irwin

     Mr. Speaker

Davis

Martin of La.

Sims

      Gaines

Armbrister

Dellett

McLemore

Vining

      Jackson of A.

Benson

Fitzpatrick

McNeill

Walthall

      Jones

Baxter

Fluker

Moore

Warren

     McCamy

Brandon

Greening

Neill

Watson

     Merriwether

Bridges

Jones

Peyton

Weissinger

     Miller

Coleman

King

Pickens

White- 46

     Skinner

 

Those who voted for Lumpkin & Dodson, are

Mr. President

Mr. Bailey of L.

Coe

Hickman

Morton

       Abercrombie

Bailey of Mt.

Cook

Inge

Oliver

       Bagby, Brown

Barton of Mo.

Conner

Lambert

Tate

       Clay

Barton of Tus.

Creagh

Lyon

Thornton

       Crawford

Baylor

Dupuy

Mardis

Tindall

       Jackson of L.

Broadnax

Hallett

Martin of Li.

Vaughan

       Powell

Coalter

Heard

Mead

Williams- 36

.

Mr. Crabb voted for Mr. Eastin, and Mr. Edmondson for Mr. Grantland.


48

William B. Allen having received a majority of votes, Mr. Speaker declared him duly elected public printer for the ensuing twelve months. Both Houses then proceeded to the election of a Judge of the county court of Shelby county; Joab Loller being in nomination- for Mr. Loller 84. Those who voted for Mr. Loller, are

Mr. President

Powell

Coe

Inge

Peyton

      Abercrombie

Skinner

Coleman

Jones

Pickens

      Ash

Sullivan

Cook

King

Saffold

      Bagby

Vanhoose

Conner

Lambert

Shotwell

      Brown

Mr. Speaker

Coopwood

Lewis

Sims

      Casey

Armbrister

Creagh

Lyon

Tate

      Clay

Bailey of Mont.

Crenshaw

Mardis

Thornton

      Crabb

Barton of Mo.

Davis

Martin of Fra.

Tindall

      Crawford

Barton of Tus.

Dellett

Martin of Lau.

 Vaughan

      Irwin

Baylor

Dupuy

Martin of Lim.

 Vining

      Gaines

Baxter

Edmondson

Mead

Walthall

      Jackson of Au.

Benson

Fitzpatrick

McLemore

Warren

      Jackson of La.

Brandon

Fluker

McNeill

Watson

      Jones

Bridges

Greening

Moore

Weissinger

      McAmy

Broadnax

Hallett

Morton

White

      Merriwether

Brown

Heard

Neill

Williams- 84.

      Miller

Coalter

Hickman

Oliver

 

Joab Loller having received a majority of votes, Mr. Speaker declared him duly elected Judge of the county court of Shelby county. Both Houses then proceeded to the election of a Judge of the county court of Jefferson county; Peter Walker and William K. Paulding being in nomination - for Peter Walker 52, for William K. Paulding, 32. Those who voted for Peter Walker, are

Mr. President

Jackson of La.

Broadnax

Hickman

Sims

      Abercrombie

Jones

Brown

Inge

Tate

      Ash

Merriwether

Coe

Jones

Thornton

      Bagby

Powell

Coleman

Lambert

Tindall

      Brown

Skinner

Cook

Mead

Vaughan

      Clay

Vanhoose

Creagh

McLemore

Vining

      Crabb

Bailey of Mont.

Crenshaw

Moore

Warren

      Crawford

Barton of Mo.

Dupuy

Morton

Weissinger

       Irwin

Barton of Tus

Edmondson

Oliver

      Gaines

Baylor

Hallett

Saffold

       Jackson of Au.

Benson

Heard

Shotwell

 

Those who voted for William K. Paulding, are

Mr. Casey

Brandon

Fitzpatrick

Martin of Fran.

 Walthall

      McAmy

Bridges

Fluker

Martin of Lau.

Watson

      Miller

Coalter

Greening

Martin of Lim.

White

      Sullivan

Conner

King

McNeill

Williams

Mr. Speaker

Coopwood

Lewis

Neill

       Armbrister

Davis

Lyon

Peyton

       Baxter

Dellett

Mardis

Pickens

 

Mr. Peter Walker having received a majority of votes, Mr. Speaker declared him duly elected Judge of the county court of Jefferson county. The Senate withdrew. The House adjourned till to-morrow morning 10 o'clock.