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Tuesday, November 29.

Mr. Lewis presented the petition of George Whitten, praying the passage of a law granting him a reward; which was read and referred to the committee on propositions and grievances.

Mr. Lewis presented the petition of sundry inhabitants of Jackson county, praying the passage of law appointing commissioners; which was read and referred to the committee on schools, colleges and universities and school and university lands.

Mr. McLemore presented the petition of William Moody, praying the passage of a law to legitimate and change the name of a certain person therein named; which was read and referred to the committee on propositions and grievances.

Mr. Dellett, from the judiciary committee, made the following report, to wit: The judiciary committee, to whom was referred a resolution, directing them to inquire into the practicability of extending the boundaries of the counties of Jackson and Decatur into the Cherokee Territory, within the limits of this state, reported, that the legislature has no control over the subject matter of the resolution: in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred the petition of James Trotter, praying to be exempt from the operation of certain laws therein specified, reported, that the prayer of the said James is unreasonable and ought not to be granted; in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred the petition of Charles Batre, by his attorney, A. Batre, administrator of the estate of John Francis Duchemen, praying the passage of a law, authorizing the sale of certain real estate therein described, reported, that the prayer of the petitioner is unreasonable and ought not to be granted: in which report the House concurred.

Mr. Dellett, from the judiciary committee to whom was referred the petition of John F. Everett and James P. Bates, praying the passage of a law compelling the plaintiff or defendant to give security for costs on the commencement of suits in the courts of law or equity, and also the petition of sundry inhabitants of the county of Lawrence on the same subject, and praying the same legislative interference, reported that the prayer of the petitioners ought not to be granted: in which report the House concurred.

Mr. Dellett, from the judiciary committee to whom was referred the resolution directing them to inquire into the expediency of repealing all laws relating to commissioners of Roads and Revenue and to vest in the justices of the peace, in each and every county the power to perform the duties now required of said commissioners reported that the provisions contemplated by the resolution inexpedient: in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred the petition of Andrew McBride administrator of the estate of Henry Olcott, deceased, praying for the passage of a law authorizing the sale of certain real estate therein mentioned, reported that the prayer of the petitioner is unreasonable, and ought not to be granted: in which report the House concurred.


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Mr. Dellett from the judiciary committee, to whom was referred the petition of Daniel Carpenter and Edward Handrick, adm'rs of the estate of Benj. H. Hall, deceased, praying the passage of a law authorizing the sale of certain real estate therein mentioned, reported that the prayer of the petitioners is unreasonable, and ought not to be granted: in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred the petition of Anna W. Washburn adm'x of the estate of James Gause deceased, praying the passage of a law authorizing the sale of certain real estate therein mentioned, reported that the prayer of the petitioner is unreasonable, and ought not to be granted: in which report the House concurred.

Mr. Speaker laid before the House the annual report of the Comptroller of public accounts, which was read and referred to the committee on ways and means. Ordered, that 200 copies thereof be printed for the use of this House.

Mr. Vining from the committee on propositions and grievances, to whom was referred the petition of the representatives of James Gilleland, deceased, reported a bill to be entitled an act to authorize the administrator of James Gilleland, deceased, to sell real estate, which was read a 1st time, & ordered to be read a 2d time on Thursday next.

Mr. Morton from the committee appointed to wait on his Excellency ISRAEL PICKENS, late Governor of this State, informing him that the House of Representatives had adopted a resolution expressing of approbation and thanks for the dignified manner in which he had discharged the duties of Governor, during the four years of his administration, reported, that they have performed that duty, and received for answer the following communication, which was, on motion, ordered to be spread on the Journal of this House:

Cahawba, November 26, 1825.

Gentlemen- You will please to communicate to the House of Representatives my grateful acknowledgements for the kind sentiments of approbation expressed in their Resolution, which you have presented to me. On a conjuncture so affecting to myself as that which dissolves the political connexion with that enlightened body which represents the will and the wisdom of the people, I could receive no testimonial more highly valued, nor attended with more lasting consolation to me, than their favourable sentiments in regard to my official service, during the period in which we have been fellow labourers in the same cause. You will please to present the House of Representatives my assurances of respect and high consideration; and accept for yourselves my kind salutations.

(Signed,)                      ISRAEL PICKENS

The Honourable Q. Morton and J. L. Martin, Committee of the House of Representatives,

On motion of Mr. Barton, of Mobile, Resolved, That the committee on inland navigation be instructed to inquire into the expediency of providing by law for obtaining correct knowledge of the several objects proper for improvement, in relation to the navigable waters in this State; and for making a systematic and economical application of the means provided, or to be provided, for those objects.

On motion of Mr. Barton, of Mobile, Resolved, That the committee on ways and means be instructed to inquire into the expediency of providing by law for the better security of public revenues, by more prompt and sufficient remedies against delinquent tax-collectors, and


39

others charged with the collection and disbursement of public monies, and their securities.

On motion of Mr. Morton, Resolved, That the Senate be requested to assemble in the Representative Hall this day at the hour of 3 o'clock P. M. for the purpose of electing a Public Printer, and Judges of the County Courts of Jefferson and Shelby counties; and that the west end of the Hall be assigned for their accommodation.

On motion of Mr. Williams, Resolved, That the Secretary of State lay before the House the census of the white population of each county in this State, taken in the year 1820, and the year 1824.

Mr. Baxter obtained leave to introduce a bill to be entitled, an act declaring Paint Rock River a public highway; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Dellett obtained leave to introduce a bill to be entitled, an act the more effectually to prevent trading with slaves; which was read a first time, and ordered to be read a second time to-morrow.

The House resumed the consideration of the report and resolution of the committee on privileges and elections, to whom was referred the memorial of James G. Lyon. Mr. Greening moved to strike out the whole of the resolution after the word "Resolved" which was carried. The House adjourned until past 3 o'clock.

Evening Session- The House again resumed the consideration of the report and resolution of the committee on privileges and elections, to whom was referred the memorial of James G. Lyon. Mr. Creagh moved to amend said resolution, by inserting the following in lieu of the words stricken out in Mr. Greening's motion: "That P. T. Harris, Esq. is not entitled to the seat now occupied by him on this floor, as the representative from Washington county; which was decided in the affirmative- yeas 41, nays 22.

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

Mr. Speaker

Broadnax

Edmondson

Martin of Fra.

Shotwell

       Armbrister

Brown

Fitzpatrick

Martin of Lim.

Thornton

       Barton of Mo.

Coe

Fluker

Martin of Lau.

Tindall

       Barton of Tus.

Cook

Greening

McLemore

Walthall

       Baylor

Coopwood

Inge

McNeill

Watson

       Baxter

Creagh

King

Peyton

Weissinger

       Benson

Davis

Lewis

Pickens

White

       Brandon

Dupuy

Mardis

Saffold

Williams- 41.

       Bridges

 

Those who voted in the negative, are

Mr. Bailey of L.

Crenshaw

Jones

Moore

Tate

       Bailey of Mont.

Dellett

Lambert

Neill

Vaughan

       Coalter

Hallett

Mead

Oliver

Vining

       Coleman

Heard

Morton

Sims

Warren-22

       Conner

Hickman

 

Mr. Barton of Tusc. moved to further amend said resolution by inserting the following: "Resolved 2dly, That James G. Lyon is entitled to a seat in this House from Washington county;" which was decided in the affirmative- yeas 33, nays 30.

Those who voted in the affirmative, are

Mr. Speaker

Bridges

Greening

McLemore

Tindall

       Armbrister

Brown

Inge

McNeill

Walthall

       Barton of Tus.

Creagh

Lewis

Peyton

Watson

       Baylor

Davis

Mardis

Pickens

Weissinger

       Baxter

Edmondson

Martin of Fra.

Saffold

White

       Benson

Fitzpatrick

Martin of Lau.

Thornton

Williams- 33

       Brandon

Fluker

Martin of Lim.

 


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Those who voted in the negative, are

Mr. Bailey of L.

Coleman

Dupuy

Lambert

Shotwell

       Bailey of Mont

Cook

Hallett

Mead

Sims

       Barton of Mo.

Conner

Heard

Moore

Tate

       Broadnax

Coopwood

Hickman

Morton

Vaughan

       Coalter

Crenshaw

Jones

Neill

Vining

       Coe

Dellett

 King

Oliver

Warren- 30

.

On motion of Mr. Baylor, Resolved That the judiciary committee be instructed to inquire into the expediency of regulating contested elections by other and more general regulations than the existing laws afford, with leave to report by bill or otherwise.

Engrossed bills of the following titles,  to wit:

A bill to be entitled an act, for the relief of the principal Pilots of Mobile Bay; An act to emancipate John Robinson, a slave; were severally read a third time and passed. Ordered, that the titles be as aforesaid. Ordered, that the titles be changed from that of bills to that of acts. Ordered, that the clerk acquaint the Senate therewith.

Bills of the following titles, to wit :

An act authorizing the county court of Limestone county to make certain allowances therein named; An act regulating the mode of summoning jurors for Greene county; were severally read a second time and ordered to be engrossed for a third reading.

On motion of Mr. Moore, Resolved, That the judiciary committee be instructed to inquire into the expediency of providing a law by which sheriffs, coroners and constables shall be prevented from being the purchasers of property, either directly or indirectly, sold by them respectively.

Mr. Martin of Lime. obtained leave to introduce a bill to be entitled an act, altering the manner of executing of scire facias; which was read a first time, and ordered to be read a second time to-morrow.

Ordered, That the House be adjourned until to-morrow morning 10 o'clock.