Tuesday, December 6.

A message from the Senate by Mr. Lyon their secretary:   Mr. Speaker, the Senate concur in the resolution of your honorable body, appointing a committee on your part to act with such committee as may be appointed on the part of the Senate, to examine and inspect such general accounts in the books of the Bank of the state of Alabama, as relates to the statement furnished by the President of said Bank to both branches of the general assembly. They have appointed on their part Messrs. Jackson of L. Gaines and Crawford. They have read three times and passed bills which originated in their house entitled, An act to alter the lines of Madison and Jackson counties, An act for the relief of Hiram Shortridge and An act to repeal in part and amend in part an act restricting officers from taking commissions on costs collected by them on executions, passed Dec. 31, 1823; in which they desire your concurrence. They have also read three times and passed bills which originated in the House of Representatives entitled an act regulating the mode of summoning jurors in Greene county, and An act authorizing the county court of Limestone county to make certain allowances therein named, and for other purposes; and then he withdrew.

Mr. Watson presented the petition of Robert Erwin and Pelatiah Whitehurst, praying the passage of a law authorizing the county court of Henry county to levy an extra tax, which was read and referred to the committee on propositions and grievances.

Mr. Morton from the committee on county boundaries to whom was referred the resolution directing the committee to inquire into the expediency of making a new county by taking part from the counties of Conecuh, Monroe, Wilcox and Butler, reported it inexpedient to make such new county at this session, which report was read and ordered to lie on the table.

Mr. Morton from the committee on county boundaries to whom was referred the petition of sundry inhabitants of Clarke county, reported that the prayer of the petition ought not to be granted, believing it would reduce the county of Wilcox under its constitutional limits; in which report the House concurred.

Mr. Mead from the committee on divorce and alimony to whom was referred the record and proceedings of the circuit court of Madison county, exercising chancery jurisdiction in the case of Sally Roundtree, against Wm Roundtree, for divorce, reported a bill to be entitled an act to divorce Wm. Rountree from Sally Roundtree, which was read a first time and ordered to be read a 2d time.

Mr. Mead from the committee on divorce and alimony to whom was referred the record and proceedings of the circuit court of Franklin county, exercising chancery jurisdiction, in the case of Asa Gaugh a -

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gainst Sally Gaugh for divorce, reported  that the divorce ought not be sanctioned; which report was ordered to lie on the table.

Mr. Dellett from the judiciary committee to whom was referred bill to be entitled an act to authorize the adm'rs of James Gilleland, deceased, to sell real estate, reported the bill is inexpedient; in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred a bill to be entitled an act providing for the registration of deeds, grants, &c. reported the bill 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 to authorize Harvey Dillahunty, administrator of the estate of John L. Veser, dec'd, reported that it would be inexpedient to pass the bill; in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred a bill to be entitled an act the more effectually to prevent trading with negroes, reported the bill without amendment. In which he House concurred.

Mr. Heard, from the committee on enrolled bills, reported that the committee had examined and found correctly enrolled bills of the following titles:   An act authorizing Jacob Johnson to emancipate a certain slave therein named; An act for the relief of the principal pilots of Mobile Bay.

Mr. Martin of Frank. to whom was referred the petition of James Frazier, reported a bill to be entitled an act for the relief of Jas. Frazier, late tax collector of Franklin county, which was read a first time and ordered to be read a second time.

On motion of Mr. Cook, Resolved that, with the concurrence of the Senate the General Assembly will proceed to the election of a solicitor for the sixth judicial circuit of this state, on Thursday next at the hour of 3 o'clock, P. M.

Engrossed bills from the Senate of the following titles, to wit:   An act to alter the lines of Jackson and Madison counties; An act for the relief of Hiram Shortridge; An act to repeal in part and amend in part an act restricting officers from taking commission on costs collected by them on executions, passed Dec. 31, 1823, were severally read a first time and ordered to be read a second time.

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 to repeal an act entitled an act to abolish the fictitious proceedings in ejectment and for other purposes therein mentioned; An act to repeal in part and amend an act entitled an act to increase the compensation of jurors passed 31st Dec. 1823; and, an act establishing and permanently locating the seat of government of the state of Alabama, pursuant to the 29th section of the 3d article of the Constitution:   in which they desire your concurrence. They have also read three times and passed a bill which originated in your house, entitled an act to appoint a commissioner for the town of Monticello in the county of Pike, and for other purposes.

Mr. Mead who voted in the majority on yesterday on the adoption of the resolution to appoint commissioners to examine certain sites for the location of the seat of government, moved to reconsider the


59

vote then given on the adoption of said resolution; which was decided in the affirmative. Yeas 44, nays 19.

Those who voted in the affirmative, are

Mr. Speaker

Coalter

Greening

Martin of Fr.

Thornton

      Armbrister

Coe

Hallett

Martin of Li.

Tindall

      Bailey of Mt.

Coleman

Heard

Mead

Vaughan

      Barton of Mo.

Conner

Hickman

Neill

Vining

      Barton of Tus.

Coopwood

Inge

Peyton

Warren

      Baylor

Davis

King

Saffold

Watson

      Baxter

Dupuy

Lewis

Shotwell

White

      Brandon

Edmondson

Lyon

Sims

Williams- 44

      Brown

Fluker

Mardis

Tate

Those who voted in the negative, are

      Benson

Creagh

Jones

McNeill

Pickens

      Bridges

Crenshaw

Lambert

Moore

Walthall

      Broadnax

Dellett

Martin of La.

Morton

Weissinger-19

      Cook

Fitzpatrick

McLemore

Oliver

The said resolution being then before the House for consideration, Mr. Barton of Mobile, moved to amend the same by striking out the words ballot of, which was carried; also to strike out the words General Assembly, and insert in lieu thereof this House; also to insert after the words in like manner, the words and with like powers; which were severally carried.

Mr. Barton of T., then moved to strike out all of said resolution before the words to view the ground, &c. and insert in lieu thereof the following amendment:   Resolved, by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That three commissioners be elected by joint vote of both Houses; which motion was decided to be out of order, the House having rejected a similar amendment on yesterday. Mr. Mead, who voted in the majority on that question, then moved to reconsider the vote; which was decided in the affirmative. Yeas 33, nays 29.

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

Mr. Speaker

Coalter

Hallett

Mead

Vaughan

       Armbrister

Coe

Heard

Neill

Vining

       Barton of Tus.

Conner

Hickman

Peyton

Warren

       Baylor

Coopwood

Inge

Sims

White

       Baxter

Dupuy

Lewis

Tate

Williams- 33.

       Brandon

Edmondson

Lyon

Thornton

       Brown

Fluker

Martin of Lim.

 Tindall

Those who voted in the negative, are

       Bailey of Mt.

Cook

Greening

Martin of La.

Saffold

       Barton of Mo.

Creagh

Jones

McLemore

Shotwell

       Benson

Crenshaw

King

McNeill

Walthall

       Bridges

Davis

Lambert

Moore

Watson

       Broadnax

Dellett

Mardis

Oliver

Weissinger-29

       Coleman

Fitzpatrick

Martin of Fr.

Pickens

Mr. Barton of T., then renewed his motion to amend;  which was decided in the affirmative. Yeas 33, nays 30.

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

Mr. Speaker

Coalter

Hallett

Mead

Vaughan

       Armbrister

Coe

Heard

Neill

Vining

       Barton of Tus.

Conner

Hickman

Peyton

Warren

       Baylor

Coopwood

Inge

Sims

White

       Baxter

Dupuy

Lewis

Tate

Williams- 33

       Brandon

Edmondson

Lyon

Thornton

       Brown

Fluker

Martin of Lim.

 Tindall

 


60

Those who voted in the negative, are

       Bailey of Mont.

Cook

Greening

Martin of Lau.

Pickens

       Barton of Mo.

Creagh

Jones

McLemore

Saffold

       Benson

Crenshaw

King

McNeill

Shotwell

       Bridges

Davis

Lambert

Moore

Walthall

       Broadnax

Dellett

Mardis

Morton

Watson

       Coleman

Fitzpatrick

Martin of Fra.

Oliver

Weissinger- 30

Mr. Barton of Mob. who voted in the affirmative on the question then moved to reconsider the vote on his motion to strike out the words General Assembly and insert this House, which was decided in the affirmative; and the question being again put on said amendment it was decided in the negative. The question was then put on adopting the resolution as amended, & decided in the affirmative. Yeas 38, nays 23.

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

Mr. Speaker

Brown

Hallett

Mead

Saffold

      Armbrister

Coleman

Jones

McLemore

Shotwell

      Barton of Mo.

Creagh Cook

King

McNeill

Vining

      Baxter

Crenshaw

Lambert

Moore

Walthall

      Benson

Davis

Lewis

Morton

Weissinger-38

      Brandon

Dellett

Mardis

Oliver

      Bridges

Dupuy

Martin of Fra.

Peyton

      Broadnax

Greening

Martin of Lau.

 Pickens

Those who voted in the negative, are

      Bailey of Mont.

Conner

Hickman

Sims

Warren

      Barton of Tus.

Coopwood

Inge

Tate

White

      Baylor

Edmondson

Lyon

Thornton

Williams- 23

      Coalter

Fluker

Martin of Lim.

 Tindall

      Coe

Heard

Neill

Vaughan

 

The House adjourned till tomorrow 10 o'clock.