Saturday, December 24, 1825.

Mr. Broadnax presented the petition of sundry inhabitants of Autauga county, praying the passage of a law making the battalion line in said county the regiment line; which was read and referred to the military committee.

Mr. Tate from the committee on inland navigation to whom was referred the petition of Joseph Wyatt, James Johnson, John Erashers and W. H. Griffith, reported the prayer of the petitioners unreasonable and ought not to be granted:   in which report the House concurred.


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Mr. Davis from the select committee to whom was referred a bill to be entitled an act to alter the mode of appointing assessors and collectors, reported the same with sundry amendments:   in which report the House concurred.

Mr. Hallett from the committee on accounts to whom was referred the account of John Stewart for serving subpoenas on witnesses and for attendance on a general court martial convened at Montgomery on the 14th November last, to decide a contested election for brigadier general of the 13th brigade of Alabama militia, reported that there is no law authorizing the payment of said account out of the state treasury, and ask leave to be discharged from the further consideration of the same. Ordered, that the same be recommitted to the same committee with instructions to report a bill.

Ordered, that Mr. Walthall have leave of absence till Monday next.

On motion of Mr. Davis, Resolved, that the judiciary committee be instructed to inquire into the expediency of passing a law authorizing defendants in all cases to plead a partial failure of consideration, with leave to report by bill or otherwise.

Mr. Bailey of Mont. obtained leave to introduce a bill to be entitled an act to amend the several acts now in force respecting the town of Montgomery;  which was read a first time and ordered to be read a second time.

Engrossed bills of the following titles, to wit:   An act to incorporate the trustees of Concord academy; An act to incorporate the Coosawda academy in the town of Coosawda; An act for the relief of John H. Campbell; An act to amend the act entitled an act to prevent immoral and disorderly conduct at places of religious worship; An act to extend the time for appointing overseers of roads and apportioners of hands in this state, and for other purposes; An act to locate the seat of justice for Fayette county; An act concerning the Tombeckbe bank; An act to amend an act entitled an act concerning dower; An act to amend the act entitled an act regulating judicial proceedings, and for other purposes - were severally read a first time and ordered to be read a second time.

Mr. Tate, from the committee on inland navigation, to whom was referred the petition of sundry inhabitants of Marion county, asking an appropriation for the purposes therein named:   Reported, that it is not proper to grant it at this time.

Engrossed memorial from the Senate, of the Senate and House of Representatives of the state of Alabama, in General Assembly convened, to the Congress of the U. States, was read the third time and passed. Ordered, that the clerk acquaint the Senate therewith.

A message from the Senate, by Mr. Lyon their secretary:   Mr. Speaker the Senate have read three times and passed bills which originated in their House, entitled an act for the relief of Lewis Houser, and an act for the establishment of certain election precincts & for other purposes; in  which they desire your concurrence. They have also passed a bill which originated in the House of Representatives, entitled an act to establish the permanent seat of justice in the county of Walker, and for other purposes; and have amended the same by striking out all after the enacting clause and substituting the accompanying sections in lieu thereof, and also by striking from the caption of the bill the word "permanent" and inserting "temporary," and by striking out the words "and for other purposes;" in which amendment they desire your concurrence. And then he withdrew.


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Ordered, that the House concur in the amendment made by the Senate to a bill to be entitled an act the more effectually to prevent the trading with slaves, by striking from the first section of the bill "one thousand dollars," the extent of the fine to be imposed for a violation of the act, and inserting "one hundred dollars," and also by striking out the 2d, 3d and 4th sections of the bill. Mr. Morton moved that the House disagree to the amendment of the Senate, by striking out the "5th section," which is as follows:   Sec 5. And be it further enacted, that it shall be the duty of all civil officers ex-officio to prosecute any offence against this act; which was lost- Yeas 10, nays 46.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Bailey of Mt. Brandon, Davis, Edmondson, Jones, Mead, Morton, Vining Weissinger- 10. Those who voted in the negative, are

Mr. Speaker, Armbrister, Bailey of L. Barton of M. Baxter, Benson, Broadnax, Brown, Coalter, Coe, Coleman, Cook, Conner, Coopwood, Creagh, Crenshaw, Dellett, Dupuy, Fluker, Hallett, Heard, Hickman, Inge, King, Lambert, Lewis, Lyon, Mardis, Martin of La. Martin of Fr. McLemore, McNeill, Moore, Neill, Oliver, Peyton, Pickens, Saffold, Shotwell, Sims, Thornton, Tindall, Vaughan, Warren, Watson, Williams- 46.

Ordered, that the House concur by striking out the proviso to the sixth section of the bill.

A bill to be entitled an act to fix the compensation of the judges of the circuit courts, was read a second time. Mr. Dellett moved that the further consideration thereof be indefinitely postponed, which was lost- Yeas 26, nays 28.

The yeas and nays being called for, those who voted in the affirmative, are Mr. Speaker, Bailey of M. Barton of M. Benson, Coalter, Creagh, Cook, Dellett, Fluker, Greening, Hickman, Inge, Lambert, Lyon, Mardis, Martin of Fr. Martin of Li. Moore, Neill, Oliver, Pickens, Saffold, Sims, Thornton, Tindall, Warren, Watson- 27. Those who voted in the negative, are

Mr. Armbrister, Bailey of La. Baylor, Baxter, Broadnax, Brown, Coe, Coleman, Conner, Coopwood, Davis, Dupuy, Edmondson, Heard, Jones, King, Lewis, Martin of La. Mead, McLemore, McNeill, Peyton, Shotwell, Vaughan, Vining, Weissinger, White, Williams- 28.

Ordered, that the same lie on the table.

Ordered that the House concur in the amendments made by the Senate to a bill to be entitled an act to establish a permanent seat of justice in the county of Jackson and for other purposes, by striking out of the 1st section the name of Thomas Rich, and inserting the name of capt. Brantley Wright. 3d section, after the word death insert resignation. In the 3d sec. insert after the word vacancy, with some person who lives as near the place where he resides or resided whose vacancy is to be filled.  And 5th sec. strike out the word first, before Monday, and insert fourth.  5th sec. after the word advertise strike out the word ten and insert therefore the word fifteen. In the 20th sec. after the words section of insert land.

Ordered that the House concur in the amendments made by the Senate, to a bill to be entitled an act to prohibit the further granting licenses for gaming, by striking from the first section of the bill the words one half of the fine to be paid to the informer, who is hereby declared to be a competent witness, and the other half into the treasury of the county wherein such offence is committed; and also by adding thereto two additional sections.

Mr. Moore obtained leave to introduce a bill to be entitled an act to exempt school-masters, teachers and students from military duty; which was read a first time and ordered to be read a second time.

Ordered that the House concur in the amendments made by the Senate to a bill to be entitled an act to compensate county court clerks, for praying printer's fees for publishing the appraisement of certain strays and for other purposes, by striking out all after the enacting clause, and substituting the accompanying sections in lieu thereof.


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Ordered that the House concur in the amendments made by the Senate to a bill to be entitled an act for the relief of Wm. McDonald, by adding thereto an additional section.

A bill to provide for the petit jurors in the counties of Blount; Montgomery and Baldwin, was read a 2d time and ordered to be engrossed for a 3d reading. Engrossed bills from the Senate, of the following titles, to wit:   An act for the relief of Leasa Lewis; An act for the establishment of certain election precincts and for other purposes; Ordered that the House concur in the amendments made by the Senate to a bill to be entitled an act to establish the permanent seat of justice in the county of Walker and for other purpose, by striking out all after the enacting clause, and substituting the accompanying sections in lieu thereof; also by striking from the caption of the bill, the word permanent and inserting temporary and by striking out the words and for other purposes.

Engrossed bills of the following titles, to wit:   An act to incorporate the town of Florence in the state of Alabama; An act for the relief of Leasa Lewis; An act to incorporate the Moulton library company; An act altering the manner of executing writs of scire facias; An act to establish the boundary lines between certain counties therein named; An act to amend an act entitled an act to establish a certain county therein named and for other purposes, passed 22d Dec. 1824; An act to amend an act entitled an act to establish a certain road therein mentioned; were severally read a third time and passed. Ordered that the titles be changed from that of bills to that of acts. Ordered that the same be sent to the Senate for their concurrence.

Mr. Coalter moved to reconsider a vote given on yesterday on a bill, to be entitled an act to establish a supreme court & a court of chancery.

On motion of Mr. Weissinger, resolved, that after to-day, this House continue in session from ten o'clock in the morning till four o'clock in the afternoon, every day, while the orders of the day remain undisposed of.

On motion of Mr. Barton of Mo. resolved, that the judiciary committee be directed to inquire into the expediency of authorizing the appointment of a jurist, learned in the law, to prepare a penal code of this state founded on principles of reformation and not of vindictive justice, and to lay the same, when prepared, before the general assembly for their examination.

Resolved, that the same committee be instructed to inquire, also, into the expediency of authorizing the appointment of one or more jurist counsels, learned in the law, to revise and amend the statutes of this state; whose duty it shall be to consolidate and amend all the statutes of a public nature, which may be in force, and to arrange them in titles, according to their respective subjects, and to report the same by bills to the next general assembly, and to report, also, at the same time, such additional bills as may be necessary to form a complete code of laws for this state. The House adjourned till Monday morning 10 o'clock.