Thursday, December 23, 1824.

The Senate met pursuant to adjournment.

Mr. Casey from the committee on roads, bridges and ferries, to which was referred a bill to be entitled, slaves to exempt persons from working on a certain state road at a greater distance from their places of residence than if the same was a county road, Reported the same without amendment.  The bill was then read the 3d time and passed. Ordered, that the secretary acquaint the House therewith.

Mr. Powell from the committee on accounts and claims to which was referred a bill to be entitled, an act making an appropriation for Thomas B. Childress, reported the same without amendment. Ordered that the bill be made the order of the day for a 3d reading tomorrow.

Mr. Wood from the military committee to which was referred a bill to be entitled, an act for the better organization of the militia of this state, reported that they believe it inexpedient to pass the bill at this time, no satisfactory reasons being before your committee to prove that it would promote the general interest of the militia of this state; which was concurred in. Yeas 10, Nays 8.

The yeas and nays being desired on the question to concur, those who voted in the affirmative, are- Mr. President, Bibb, Devereux, McCamy, Murphy, McVay, Powell, Shackleford, Taggert, Wood- 10.

Those who voted in the negative, are, Mr. Casey, Conner, Crabb, Hopkins, Metcalf, Moore, Smith, Sullivan- 8.

Mr. Powell from the committee on accounts claims, to which was referred a bill to be entitled, an act to compensate James Pugh for carrying the returns of the election of brigadier general from Pike county to Cahawba, reported the same without amendment.  Ordered that the bill be read the 3d time tomorrow.

Mr. Powell from the same committee to which was referred the petition and account of James C. Ervin, late assessor and tax collector of Wilcox county, reported that as the committee have not been furnished with such vouchers as would authorise the admission of the same, they ask permission of the House to be discharged from the further consideration of the same, which was grated.  Ordered, that the petition and account lay on the table.  Mr. Bibb from the committee on enrolled bill, reported as duly enrolled, slaves to amend an act, entitled an act to prevent the frauds and fraudulent combinations in the sales of public lands within this state at Huntsville on the 17th of Dec. 1819; An act supplemental to an act, entitled an act to authorise an extra term of the circuit court of mobile, and Baldwin counties, passed during the present session of the General Assembly; An act to provide for the raising of a fund for the support of an academy and n hospital in the county of Baldwin; An act to repeal in part and amend an act entitled an act to incorporate the Murder Creek


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navigation company, passed 15th Dec. 1821, and for other purposes; An act altering the sale days of lands, and slaves in parts of the counties, of Lawrence and Franklin; An act concerning prisons and prisoners; and an act for improving the navigation of the port and harbor of Mobile, all of which were accordingly signed by Mr. President.

Mr. Wood introduced a joint resolution proposing to adjourn the two branches of this legislature sine die, on tomorrow evening; which was read the 1st time; Mr. Moore moved that the resolution lie on the table for the present, which was carried.  Yeas 10, Nays 6.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Crabb, Devereux, Hopkins, McCamy, Moore, McVay, Powell, Smith, Taggert- 10.  Those who voted in the negative, are Messrs. Casey, Conner, Metcalf, Shackleford, Sullivan, Wood- 6.

Mr. McCamy presented the account of William Kelly, which was referred to the committee on accounts and claims.  Ordered, that the resolution lie on the table.  Mr. Taggert from the special committee, to which was referred a resolution for the relief of Samuel Frisbie, reported the same without amendment.  Ordered, that the resolution lie on the table.

Message from the House of Representatives by Mr. Murray, their Clerk: Mr. President, the house of Representatives have adopted the following Resolution, to wit: Resolved, that the House of Representatives, with the consent of the senate, will proceed this evening at 6 o'clock, to elect three Directors for the State Bank in the place of Alexander Pope, resigned, and David White and Thomas H. Wiley, who have declined the appointment; and also, a member of the Medical Board for the city of Mobile; in which they desire your concurrence.

Mr. Murphy, from the committee on the State Bank, to which was referred a bill to be entitled, an act to establish an office of discount and deposite of the Bank of the State of Alabama, reported the same with sundry amendments; all of which were concurred in, except the last.  The question was then put in concurring in the last amendment, which is as follows: and be it further enacted, that the said office of discount and deposite shall not commence operation before the first day of April next.  and decided in the negative- Yeas 6- Nays 12.

The yeas and nays being desired, those who voted in the affirmative, are Mr. Casey, Murphy, Smith, Sullivan, Taggert, Wood- 6.  Those who voted in the negative, are, Mr. President, Bibb, Conner, Crabb, Devereux, Hopkins, McCamy, Metcalf, Moore, McVay, Powell, Shackleford- 12.  Mr. Sullivan moved to amend the bill by striking out the words “or secured by deposite of bank or other public stock, at not more than two thirds of this value,” where the bill reads thus: "they shall discount notes made payable and negotiable at said office of discount and deposite, with two or more good names thereon, or secured by a deposite of bank or other public stock" &c. which motion was determined in the affirmative- Yeas 13- Nays 5.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Casey, Crabb, Devereux, McCamy, Metcalf, Murphy, McVay, Powell, Smith, Sullivan, Taggert, Wood- 13.  Those who voted in the negative are, Mr. Bibb, Conner, Hopkins, Moore, Shackleford- 5.  Mr. Casey moved to amend the bill by inserting the words "so soon as they can do so with safety to the Bank," after the word "establish," in the second session of the bill, where it reads thus: that the President and Directors of the Bank of the State of Alabama be, and they are hereby authorised and required in behalf of the state to set apart and supply the office of discount and deposite hereby established, the amount of notes of the Bank of the state of Alabama, which the Counties of madison, Jackson, &c. will be entitled to receive by discount, &c. which motion was determined in the negative-Yeas 9- Nays 9.


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The yeas and nays being desired, those who voted in the affirmative, are Mr. Casey, Devereux, McCamy, Metcalf, Murphy, Smith, Sullivan, Taggert and Wood- 9.  Those who voted in the negative are, Mr. President, Bibb, Conner, Crabb, Hopkins, Moore, McVay, Powell, Shackleford- 9.  Mr. Smith moved that the further consideration of the bill be postponed till the first day of the next session; which was lost- Yeas 7- Nays 11.

The yeas and nays being desired, those who voted in the affirmative, are Mr. Bibb, Hopkins, McVay, Smith, Sullivan, Taggert, Wood- 7.  Those who voted in the negative are, Mr. President, Casey, Conner, Crabb, Devereux, McCamy, Metcalf, Moore, Murphy, Powell, Shackleford- 11.  The rule requiring bills to be read on three several days being dispensed with, the said bill was read the third time as amended, and the second section thereof, further amended by way of rider on Mr. Murphy's motion, as follows: Provided, that until the office of discount and deposite shall go into operation, the people of the said counties shall be entitled to receive discount at the Bank of the State of Alabama and when the said office shall go into operation, the President and Directors as aforesaid, shall transfer to the said office the balance which the said counties may be entitled to receive by discount, and also transfer the notes discounted for the said counties to the said office to be received or collected, or otherwise disposed of, as if the same had been discounted at said office of discount and deposite.  The question was then put, shall the bill pass? and decided in the negative- Yeas 9- Nays 9.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Casey, Conner, Crabb, McCamy, Metcalf, Moore, Murphy, Powell, Shackleford- 9.  Those who voted in the negative are, Mr. President, Bibb, Devereux, Hopkins, McVay, Smith, Sullivan, Taggert, Wood- 9.  So the bill was rejected.

A message from the House of Representatives by Mr. Murray, their clerk:- Mr. President, the House of Representatives, have read three times and passed, a bill which originated in your honorable body, to be entitled an act to alter the time of appointing overseers of roads, and for other purposes; and have amended the same as is herewith shewn.  The House of Representatives recede from their disagreement to the amendment proposed by your honorable body to the second section of a bill to be entitled an act to regulate the sale of slaves by constables, by striking out the word ten, and inserting twenty.

The House of Representatives concur in the amendment made by your honorable body, to the bill to be entitled an act giving additional remedy against constables.

The House of Representatives concur in the amendments made by your honorable body, to the bill to be entitled, an act supplementary to, and amendatory of the laws not in force, regulating the appointment of auctioneers and sales at auction, except to the first amendment, to which they have added the following words: 'except Madison county, in which the number may be six:' in which amendment they desire your concurrence.

The House of Representatives have read three times and passed bills of the following titles, to wit: An act to alter and amend an act entitled an act to establish the Bank of the State of Alabama; An act to abolish the June term of the supreme court; An act to regulate pleadings of common law; An act making appropriations for certain claims against the state; An act authorising the administrators of Nathaniel Henderson, deceased, to sell read estate, An act to alter the punishment for counterfeiting and forgery; An act authorising sheriffs and coroners to execute certain process; An act concerning costs where suites are instituted in the name of one person for the use of another; An act giving lien on vessels in certain cases; An act for the speedy attainment or justice in certain cases; An act to authorise the judge

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of the county court and commissioners of revenue and roads of Marengo county, to levy a tax to build a court house and jail: in all of which they desire your concurrence.

The House of Representatives have adopted the following resolution: Resolved, that with the concurrence of the Senate, both branches of the General Assembly will convene in the Representative Hall this evening at half past 6 o'clock, for the purpose of electing a judge of the county court for the county of Dale; in which they desire your concurrence.  On motion,

Ordered that the Senate concur in the Resolution of the house of Representatives proposing to go into the election of a judge of the county court of the county of Dale, this evening at 6 o'clock.  Ordered that the secretary acquaint the House of Rep's therewith.  On motion, Ordered that the Resolution from the House of Representatives, proposing to go into the election of three Directors of the state Bank in the place of Alexander Pope, resigned, and David White and Thomas H. Wiley, who have declared the appointment, this evening at 6 o'clock, lie on the table.

A bill from the House of Representatives entitled an act to alter and amend an act to establish the Bank of the state of Alabama, was read the 1st time, and ordered to lie on the table.

A bill to be entitled an act making appropriations for certain claims against the state, was read the 1st time; the rule requiring bills to be read on three several days being dispensed with, the bill was red the 2d time forthwith, amended on Mr. Taggert's motion, and referred to the committee on accounts and claims to consider and report thereon.

Mr. Murphy presented the account of James D. Godbold, sheriff of Monroe county, against the state, which was referred to the committee on accounts and claims.

Mr. Sullivan offered the following resolution: Resolved that the committee on accounts and claims in the House of Representatives, be requested to furnish the committee of accounts and claims in the Senate with the evidence in their possession of the accounts and claims specified in the appropriation bill sent from the H. of Rep's to the Senate.

Mr. Casey called up a bill entitled an act making appropriations for the year 1825; Ordered that it be referred to the committee on accounts and claims to consider and report thereon.

On motion, ordered  that the Senate concur in the amendment made by the House of Representatives to their amendment to the bill, entitled an act supplementary to, and amendatory of, the laws now in force, regulating the appointment of auctioneers and sales at auction

Ordered, that the secretary acquaint the House of Representatives therewith.

A bill to be entitled an act to abolish the June term of the supreme court, was read the first time.  The rule requiring bills to be read on three several days being dispensed with, the said bill was read the 2d and 3d time forthwith and passed.  Ordered, that the secretary acquaint the House of Representatives therewith.

A bill to be entitled an act to regulate pleadings at common law, was read the first time; the rule requiring bills to be read on three several days being dispensed with, the bill was read the 2d time and referred to the committee on the judiciary to consider and report thereon.


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A bill to be entitled an act authorising the administrators of Nathaniel Henderson, deceased, to sell real estate, was read the first time.  The rule requiring bills to be read on three several days was dispensed with, and the bill was read a 2d time, and referred to a special committee, consisting of Messrs. Moore, and Murphy, to concur and report thereon.  A bill to be entitled an act to alter the punishment for counterfeiting and forgery, was read the first time, and ordered to lie on the table till the first day of next session.

A bill to be entitled an act authorising sheriffs and coroners to execute certain process, was read the first time and ordered to be read the 2d time tomorrow.

A bill to be entitled an act concerning costs where suits are instituted in the name of one person for the use of another, was read the first time.  The rule being dispensed with, it was read a 2d and 3d time forthwith and passed.  Ordered that the secretary acquaint the House of Representatives therewith.

And then the Senate adjourned till three o'clock this evening.

Three o'clock- the Senate met pursuant to adjournment.

A bill from the House of Representatives entitled an act giving a lien on vessels in certain cases, was read the 1st time and ordered to lie on the table till the 1st day of the next session.

On motion of Mr. Bibb, Ordered that the bill entitled an at to alter the time of appointing overseers of roads and for other purposes, together with the amendments made thereto by the house of Representatives, lie on the table.

A bill to be entitled an act for the speedy attainment of justice in certain cases, was read a 1st time, and on the question, shall the bill be read a 2d time?  it was determined in the negative.

A bill to be entitled an act to authorise the judge of the county court and commissioners of revenue and roads of Marengo county to levy a tax for building a court house and jail in said county, was read the 1st time; the rule requiring bills to be read on three several days being dispensed with, it was read the 2d and 3d time forthwith and passed. Ordered that the secretary acquaint the house therewith.

Mr. McCamy moved to reconsider the vote of the Senate on the question to concur in the report of the military committee on the bill entitled an act for the better organization of the militia of this state, which was carried.  Ordered that the bill lie on the table.

An engrossed bill to be entitled an act for the relief of Thomas B. Tunstall, was read the 3d time and rejected.  Yeas 9- Nays 9.

The yeas and nays being desired on the passage of the bill, those who voted in the affirmative, are Mr. President, Bibb, Conner, Crabb, Hopkins, Moore, Powell, Shackleford, Taggert- 9.  Those who voted in the negative, are Mr. Casey, Devereux, McCamy, Metcalf, Murphy, McVay, Smith, Sullivan, Wood 9.

A bill to be entitled an act for the relief of John J. Burton and Stephen Holt, was read the 3d time as amended and passed.   Ordered that the secretary acquaint the house therewith.

A bill to be entitled an act for the relief of Peter Wyatt, was read the 2d time, and on the question, shall the bill be engrossed for a 3d reading?  it was decided in the negative.

A memorial to the Congress of the United States, respecting the sale of relinquished lands, was read the 2d time and amended; Mr.


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Bibb moved that the memorial lie on the table till the 1st day of the next session, which was lost- Yeas 4- Nays 14.

The yeas and nays being desired, those who voted in the affirmative, are Mr. Bibb, McCamy, Metcalfe, Moore- 4.  Those who voted in the negative, are Mr. President, Casey, Conner, Crabb, Devereux, Hopkins, Murphy, McCamy, Powell, Shackleford, Smith, Sullivan, Taggert, Wood-14.

The memorial was then read the 3d time and passed.  Ordered that the same be sent to the house of representatives for concurrence.

A Resolution to authorise the President and Directors of the Bank of the state of Alabama to build a fire proof vault for said Bank, was read the 2d time, the rule requiring joint Resolutions to be read on three several days being dispensed with, the same was read a 3d time, Mr. Murphy moved to fill the blank in the Resolution with eight hundred dollars, a the amount to be appropriated for building the vault, if so much be necessary, which was carried- Yeas 13- Nays 5.

The yeas and nays being desired, those who voted in the affirmative, are Mr. President, Bibb, Casey, Crabb, Devereux, Hopkins, Moore, Murphy, Shackleford, Smith, Sullivan, Taggert, Wood- 13.  Those who voted in the negative, are Mr. Conner, McCamy, Metcalf, McCamy, Powell- 5.  Ordered that the Resolution be sent to the House of Representatives for concurrence.

A message from the House of Representatives by Mr. Murray, their clerk: Mr. President, The House of Representatives have read three times and passed a bill originating in their House, entitled, An act to annex a part of Jackson county to Madison county, in which they desire your concurrence.

A bill to be entitled an act to raise a Revenue for the support of government until otherwise provided for by law, was read the 3d time as amended, and passed.  Ordered that the secretary acquaint the House of Representatives therewith.

A bill to be entitled an act to annex a part of Jackson county to Madison county, was read the 1st time; the rule requiring bills to be read on three several days being dispensed with, the bill was red the 2d time, and referred to a special committee, consisting of Messrs. McCamy, Moore and McVay to consider and report thereon.

A bill to be entitled an act to incorporate the Montgomery light infantry company, was read the 3d time and passed.  Ordered that the same be returned to the House of Representatives.

A bill to be entitled, an act to amend the law concerning retailers, was read a 3d time and rejected.  Yeas 8, nays 10.

The yeas and nays being desired on the passage of the bill, those who voted in the affirmative, are, Messrs. Bibb, Conner, Crabb, Devereux, Hopkins, McCamy, Shackleford, Sullivan- 8.  Those who voted in the negative are,

Mr. President, Casey, Metcalfe, Moore, Murphy, McVay, Powell, Smith, Taggert, Wood- 10.

A bill to be entitled, an act to exempt the Neptune fire companies, Nos. 1 & 2 in the city of Mobile, from militia and patrol duty, and for other purposes, was read the 3d time and passed.  Ordered that the same be returned to the House of Representatives.

A bill to be entitled, an act authorising Isaac Pugh to transfer certain real estate therein named, was read the third time and passed- Ordered that the same be returned to the House of Representatives.

An engrossed bill to be entitled, an act supplemental to and amendatory of an act to revise; consolidate and amend the several acts relative to justices of the peace and constables, passed Dec. 27, and for other purposes, was read the 3d time and passed.  Ordered, that


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the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

 A bill to be entitled, an act to emancipate the mulatto girl Margaret the slave of James Johnson of Mobile county, was read the 2d time and ordered to lie on the table till tomorrow.

An engrossed bill to be entitled, an act concerning the African slaves lately ordered by the district court of the United States in this state to be sold, and for other purposes, was read the 3d time and passed. Ordered that the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

Mr. Taggert called up the bill to be entitled an act to authorise the administrator of Cadwallader Lucy deceased, to sell and convey certain certificates of land, upon which the first payment only has been made.  The bill was then read the third time and passed.  Ordered that the same be returned to the House of Representatives.

Mr. Casey called up a bill entitled, an act to alter the time of appointing overseers of roads and for other purposes; together with the amendments made by the House of Representatives.  Ordered that the Senate concur in the amendment and that the House of Representatives be informed thereof.

Mr. Moore called up a bill entitled, an act to amend the 1st section of an act entitled an act amendatory to the laws now in force for the relief of insolvent debtors, passed June 15, 1821.  The bill was amended by way of rider, on Mr. Taggert's motion, and passed.  Ordered that the secretary acquaint the House of Representatives therewith.

And then the Senate adjourned till 6 o'clock this evening.

Message from the House of Representatives, by Mr. Murray their clerk: Mr. President, The House of Representatives have read three times and passed a bill originating in your honorable body, entitled an act explanatory of, and supplementary to an act to establish the bank of the state of Alabama.  They have also adopted the following resolution: Resolved that the Senate be invited to assemble in the representative hall for the purpose of going into the several elections agreeable to the resolutions of both Houses on those subjects; and that the west end of the hall be appropriated for their reception.  Whereupon, on motion, the Senate repaired to the hall of the House of Representative and after taking the seats assigned them, Mr. President, arose and announced the object of the meeting; When the two houses proceeded to the election of a judge of the county court of Fayette county, Jesse Vanhouse alone being in nomination, the votes were for Mr. Vanhouse 66.  Those who voted for Mr. Vanhouse, are

Mr. President, Casey, Conner, Crabb, Hopkins, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Shackleford, Smith, Sullivan, Taggert, Wood, Mr. Speaker, Abercrombie, Barton, Baylor, Baxter, Byler, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Dinsmore, Edmonson, Exum, Farrar, Fluker, Gaines, Green, Hill, Jones, Lanier, Martin, McVay, McCord, Merriwether, Metcalf, Miller, Moore of J. Moore of ma. Moore of mo. Morton, Parham, Perkins, Peyton, Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White, Worthington - 66.

Mr. Jesse, Vanhouse having received all the votes presented was declared by Mr. speaker to be duly elected judge of the county court of Fayette county.

The two houses then proceeded to the election of a judge of the


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county court for Covington county.  John W. Devereux alone being in nomination- For Mr. Devereux, 67 votes. Those who voted for Mr. Devereux are the same as those who voted in the election for the judge of the county court of Fayette, and Mr. Bagby in addition, who had not voted in the first election aforesaid.  Mr. Devereux having received all the votes present, was declared by Mr. Speaker to be duly elected judge of the county court of the county of Covington.

The two houses then proceeded to the election of a judge of the county court of Dale county: Peletiah Whitehurst alone being in nomination: For Mr. Whitehurst 67 votes.  Those who voted for Mr. Whitehurst are the same as those who voted in the election for judge of the county court of the county of Fayette, and Mr. Bagby in addition who had not voted in the first election aforesaid.  Mr. Whitehurst having received all the votes present, was declared by Mr. Speaker to be duly elected judge of the county court for the county of Dale.

The election having been completed the Senate withdrew and returned to their own chamber, and Mr. President resumed the chair.

And then the Senate adjourned till tomorrow morning at 9 o'clock.