Friday, December 2

Mr. Lambert presented the petition of sundry inhabitants of Baldwin county praying the passage of a law, declaring the road between Durant's and Blakely a state road; which was read and referred to the committee on roads, bridges and ferries.

Mr. Morton, from the committee on county boundaries to whom was referred so much of the Governor's Message as relates to the counties of Jackson and Decatur, Reported That they ask leave to be discharged from the further consideration of the same. In which report the House concurred.

Mr. Morton from the committee on county boundaries to whom was referred the petition of sundry inhabitants of the counties of Henry and Dale, reported a bill to be entitled an act, to establish the boundary lines between certain counties therein named; which was read a first time and ordered to be read a 2d time


49

Mr. Morton from the committee on county boundaries to whom was referred the petition of sundry inhabitants of Pike county, praying to be added to the county of Butler, reported that it is not at this time expedient to grant the prayer of the same; in which the House concurred.

Mr. Dellett from the judiciary committee to whom was referred a bill to be entitled an act to authorize Abel Davis, adm'r of Daniel Davis, deceased, to sell certain real estate reported the same to this House without amendment; in which report the House concurred.

Mr. Dellett from the judiciary committee to whom was referred a bill to be entitled an act altering the manner of executing scire facias, reported the same with the following amendment, viz. in first section and 7th line, strike out the word substantial, in which report the House concurred.

Mr. Dellett from the judiciary committee to whom was referred the petition of Egbert Harris, John Braham and Simon Turner, praying a repeal of the statute of limitations for the purpose of procuring a judicial investigation of certain causes specified in their petition, reported that the prayer of the petitioners is unreasonable and ought not to be granted. Ordered, that the further consideration of said report be postponed till Wednesday next.

Mr. Hallett presented sundry claims against the state, which were read and referred to the committee on accounts.

Mr. Bridges presented the account of Ephraim Pharr, sheriff of Wilcox county, which was read and referred of the committee on accounts.

On motion of Mr. Greening, Resolved that the committee on ways and means be instructed to inquire into the expediency of appropriating so much money as will be sufficient to open the state roads from Bellville, in the county of Conecuh to the Florida line.

On motion of Mr. White, Resolved that the judiciary committee be instructed to inquire into the expediency of providing by law that all county treasurers be required to pay county claims according to their respective dates; and to require clerks of courts to lay before the treasurer all accounts which may have been allowed with their respective dates within _____ days thereafter.

On motion of Mr. Hallett,

Resolved, That a committee of three members be appointed on the part of this House, to join such committee as may be appointed on the part of the Senate, to examine and inspect such general account in the books of the Bank of the State of Alabama, as relate to the statement furnished by the President of said Bank, to both branches of the General Assembly, with full power to send for persons and papers, in conformity with the provisions contained in the 12th section of an act, passed 20th December, 1823, entitled an act to establish the Bank of the State of Alabama; and that a copy of this resolution be sent to the Senate for their concurrence. Whereupon Messrs. Hallett, Creagh, and Mardis were appointed said committee.

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have read three times and passed bills which originate in their house entitled an act to require security upon granting a supercedeas; An act to authorize sheriffs to serve notices; and An act to amend the act entitled an at for the limitations of actions and for avoiding vexatious law suits, passed Feb. 2, 1802, in which they desire your concurrence. They have also read three times and passed a bill, when originated in your house, entitled an act authorizing Jacob Johnson to emancipate to a certain slave therein named.

7


50

Mr. Bridges offered the following resolution, Resolved, that the judiciary committee be instructed to inquire into the expediency of abolishing the present county courts, established for the trial of suits, and to repeal all laws which give to the judges of county courts jurisdiction other than testamentary powers and the powers of escheator, which was lost.

Mr. Coe from the select committee to whom was referred the petition of sundry inhabitants of the county of Lawrence, reported a bill to be entitled an act to amend an act entitled an act to establish a certain road therein mentioned, which was read a first time and ordered to be read a 2d time.

Mr. Mardis called up the report of the special committee, to whom was referred so much of the Gov's message as relates to the permanent location of the seat of government; Mr. Coalter then moved that the House concur in the first resolution reported by said committee, which is as follows: Resolved that it is expedient to remove the seat of government of the state of Alabama, from the town of Cahawba.

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

Evening Session- The House resumed the consideration of the report to the special committee to whom was referred so much of the Gov's message as relates to the permanent location of the seat of government; the question was put on Mr. Coalter's motion, to concur in the first resolution reported by the committee, and determined in the affirmative- yeas 37- nays 25.

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

Mr. Speaker

Coalter

Hickman

Mead

Vaughan

      Armbrister

Coe

Inge

Morton

Vining

      Barton of Mo.

Conner

King

Neill

Warren

      Barton of Tus.

Coopwood

Lewis

Peyton

White

      Baylor

Davis

Lyon

Sims

Williams- 37

      Baxter

Dupuy

Martin of Fr.

Tate

      Brandon

Edmondson

Martin of La.

Thornton

      Brown

Heard

Martin of Li.

Tindall

 

Those who voted in the negative, are

Mr. Bailey of M.

Cook

Fluker

Mardis

Saffold

      Benson  

Creagh

Greening

McLemore

Shotwell

      Bridges

Crenshaw

Hallett

Moore

Walthall

      Broadnax

Dellett

Jones

Oliver

Watson

      Coleman

Fitzpatrick

Lambert

Pickens

Weissinger

 

The House adjourned till half past 9 o'clock tomorrow.