Wednesday, December 7, 1825.

Mr. Coe, presented the petition of sundry inhabitants of the town of Moulton, in the county of Lawrence; praying an extension of the limits of said town; which was read and referred to a select committee, consisting of Messrs. Coe, Heard, and Martin of Limestone.

Mr. Thornton, presented the petition of John S. Moore, guardian of Wm. Ann O. Murray, praying the passage of a law authorizing the sale of certain real estate; which was read and referred to the judiciary committee.

Mr. Benson, presented the petition of Hugh W. Henry, Ebenezer Pond, and John W. Whitesides, praying an act of incorporation; which was read and referred to the military committee.

Mr. Coe obtained leave to introduce a bill, to be entitled an act to incorporate the Moulton library company; which was read a first time, and ordered to be read a second time.

Mr. Bridges, presented the petition of the militia officers of Wilcox county, praying the passage of a law authorizing the division of a regiment; which was read and referred to the military committee.

Mr. Davis obtained leave to introduce a bill to be entitled, an act to divorce Asa Gaugh from his wife Sally Gaugh, which was read a first time, and ordered to be read a second time.

Mr. Saffold, from the bank committee to whom was referred a report of the Bank Directors of the state of Alabama, reported, that they ask leave to be discharged from the further consideration thereof; in which report the House concurred.  Ordered, That the report of the Directors of the Bank of the State of Alabama be referred to the select committee appointed on that subject.


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Mr. Hickman, from the select committee to whom was referred the petition of Caesar Kennedy, reported a bill to be entitled an act, to authorize Caesar Kennedy to erect a toll bridge; which was read a first time, and ordered to be read a second time.

Mr. Barton of Mob. from the select committee to whom was referred the communication of the Governor, and the accompanying documents relative to the late afflictive dispensation under which the city of Mobile has suffered from malignant disease, reported a joint resolution, which was read a first time, and ordered to be read a second time.

Mr. Jones obtained leave to introduce a bill to be entitled, an act supplementary to an act appointing agents to select a certain quarter section of land, for the county of Shelby, and other counties therein named, passed December 15, 1824; which was read a first time, and ordered to be read a second time.

On motion of Mr. Cook, Resolved, That the military committee be instructed to inquire into the expediency of altering and amending the militia laws, so that company court marshall shall be held on company muster days, and that defaulters shall be tried at the next muster after default it made.

Mr. Martin of Laud. offered the following resolution:   Resolved, That the judiciary committee be instructed to inquire into the expediency of passing a law authorizing the plaintiffs in all actions brought on negotiable securities for the payment of a sum certain, to collect from the defendants in such actions such a per cent. on the judgment recovered, as may be reasonable compensation to the plaintiff's attorney in the action, and that said committee report by bill or otherwise; which was lost- yeas 28, nays 33.

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

Mr. Speaker

Brandon

Greening

Martin of Li.

Saffold

      Bailey of Mt.

Bridges

Hallett

Martin of L.

Tindall

      Barton of Mo.

Broadnax

Heard

McLemore

Vining

      Barton of Tus.

Cook

Hickman

Oliver

Walthall

      Baylor

Davis

King

Pickens

White- 28

      Benson

Fitzpatrick

Mardis

 

            Those who voted in the negative, are

Mr. Armbrister

Coopwood

Inge

Moore

Thornton

      Baxter

Creagh

Jones

Neill

Vaughan

      Brown

Crenshaw

Lewis

Baylor

Warren

      Coalter

Dellett

Lyon

Shotwell

Watson

      Coe

Dupuy

Martin of F.

Sims

Weissinger

      Coleman

Edmondson

Mead

Tate

Williams- 33

      Conner

Fluker

McNeill

Mr. Mardis presented the petition of Edmund King, Thomas T. Walker, Sally B. Stevens, and Edward W. Powell, praying the passage of a law changing a road rout;  which was read and referred to a select committee, consisting of Messrs. Mardis Shotwell, and Jones.

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 the books and accounts relating to the offices of the comptroller of public accounts, and to the treasury department of this state, with authority to send for persons and papers, and with instructions to report the


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state and situation of the respective departments to both branches of the General Assembly; and further to recommend any measures which the committee may deem expedient to be adopted in relation to an improved organization of the departments aforesaid.   And be it further resolved, That a copy of this resolution be sent to the Senate requesting the concurrence of that body. Whereupon Messrs. Hallett, Lyon and Creagh were appointed said committee.

Mr. Warren offered the following resolution:   Resolved, That the judiciary committee be instructed to inquire into the expediency of so altering the Constitution to admit counties of less extent than nine hundred square miles, when population will admit, and the convenience of the people require it; which was lost.

Engrossed bills from the Senate of the following titles:   to wit-An act to repeal in part and amend an act entitled an act, to increase the compensation of jurors, passed 31st December, 1823; An act to repeal an act entitled, an act to abolish the fictitious proceedings in ejectments and for other purposes therein mentioned, - were severally read a first time and ordered to be read a second time.

Engrossed bills from the Senate to be entitled, an act establishing and permanently locating the seat of government for the state of Alabama, pursuant to the 29th section of the 3d article of the Constitution, was read a first time, and ordered to lie on the table- yeas 31, nays 30.

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

Mr. Speaker

Broadnax

Dellett

Martin of F.

Pickens

       Bailey of M.

Coleman

Fitzpatrick

Martin of La.

Saffold

       Barton of Mo.

Cook

Greening

McLemore

Shotwell

       Benson

Creagh

Hallett

McNeill

Walthall

       Brandon

Crenshaw

Jones      King

Moore

Weissinger

       Bridges

Davis

Mardis

Oliver

Watson- 31

Those who voted in the negative, are

Mr. Armbrister

Coe

Heard

Mead

Tindall

       Barton of T.

Conner

Hickman

Miller

Vaughan

       Baylor

Coopwood

Inge

Peyton

Vining

       Baxter

Dupuy

Lewis

Sims

Warren

       Brown

Edmondson

Lyon

Tate

White

       Coalter

Fluker

Martin of Li.

Thornton

Williams- 30.

Joint resolution was read a second time and ordered to be engrossed for a third reading to-morrow.

Engrossed bills from the Senate of the following titles, to wit:   An act to require security upon granting a supercedeas; An act to authorize sheriffs to serve notices; 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; An act to amend the act entitled an act for the limitation of actions and for avoiding vexatious law suits, passed Feb. 2, 1802, were severally read a 2d time and referred to the judiciary committee.

Engrossed bill from the Senate, to be entitled an act to alter the lines of Madison and Jackson counties, was read a second time and referred to the committee on county boundaries.

Engrossed bills from the Senate of the following titles, to wit:   An act for the emancipation of a negro man slave named Peter; An act for the relief of Hiram Shortridge, were severally read a 2d time and or-


63

dered to be read a 3d time. Engrossed bill from the Senate to be entitled an act to authorize Joseph Price to erect a mill dam across the Mulberry Fork of the Tuskaloosa river, was read a second time and referred to the committee on inland navigation.

The House adjourned till to-morrow morning 10 o'clock.