Friday, December 24, 1824.

The Senate met pursuant to adjournment.

A message from the House of Representatives by Mr. Murray their clerk:- Mr. President, the House of Representatives have read three time & passed bills originating in their House entitled, an act for the better regulation of free persons of color within the counties of Mobile and Baldwin; An act to authorise the citizens of Florence to raise a sum of money to procure water for the use of said town; An act amending the law concerning the poor; An act for the relief of Matthew C. Toulmin and Elizabeth Toulmin; An act to repeal in part an act entitled an act to regulate the proceedings in the courts of law and equity in this state, passed Dec. 14, 1819; An act for the more effectual distribution of the journals of the Senate and of the House of Representatives; An act concerning the militia of this state; An act relative to the securities of judges of the county courts; An act to authorise the comptroller to issue his warrant on the state treasury in favor of Norborne L. Chandler, for a certain sum of therein named; An act to alter the 3d, 4th, and 5th judicial circuits, and fix the time of holding the courts therein; An act to authorise the quarter-master-general to repair the state arsenal and for other purposes; An act to provide for the payment of petit jurors in the counties therein named, and for other purposes; An act to authorise Martha Prater to emancipate certain slaves therein named; An act authorising certain persons to sell real estate therein named; An act concerning the apportionment of hands liable to work on public roads in the county of Baldwin; An act to amend an act entitled an act to incorporate the trustees of the Claiborne academy; An act to confirm the title of sundry purchasers of lands sold by the trustees of the University of Alabama, and for other purposes; An act to alter the time of holding the circuit courts in the 2d judicial circuit: in all of which they desire your concurrence.  The House disagree to the amendment made by your honorable body by inserting the word "Baldwin" in the caption of the bill to be entitled, An act to establish additional election precincts in the counties of Lawrence, Baldwin and Walker.  They also disagree to the amendment made by your honorable body to said bill, by insertion of the 2d section thereof.  The House concur in the other amendment made by your honorable body to said bill. The House of Representatives have read three times and passed a bill originating in your honorable body, entitled, an act to extend the time of payment of part of the public revenue of Washington county.  The House have read three times and passed bill originating in your honorable body, entitled, an act supplemental to an act passed at Cahawba on the 20th of Dec. 1823, entitled an act to appoint


135

commissioners to improve the navigation of the Tennessee river, and have amended the same in the manner herewith shewn.  The House of representative concur in the amendments made by your honorable to the bill to be entitled an act to establish certain election precincts therein named.

Mr. Powell from the committee on accounts and claims, to which was referred a bill entitled an act making appropriations for the year 1825, reported the same as amended, which was concurred in, and the bill was read the 23d time.

Mr. Casey offered an amendment to the bill in the following words, and be it further enacted, that the sum of two thousand dollars be, and the same is hereby appropriated for the state printer, which was adopted.  The bill was then passed.  Ordered, that the secretary acquaint the House of Representatives therewith.

Mr. Powell from the special committee, to who was referred the petition of William W. Gary, and Samuel G. Norris, and the accompanying documents, reported that they have had the same under consideration, and that they thereupon, make the following report, viz:

It appears from the documents submitted to your committee, that the above named gentlemen rented the state ferry over the Alabama river at Cahawba for the year 1819, although there is no evidence before the committee, at which rate the said ferry was rented; that at the time they rented the ferry, what was on the first of January in the year aforesaid, and until the 9th of August of the same year; the rate of ferriage on four wheel carriages was one dollars and fifty cents, and on two wheel carriages, seventy-five cents; that on the said 9th day of August, 1819, the county court of Dallas county, in the exercise of a right vested in them by law, reduced the fist to one dollars and the other to fifty cents, other rates of ferriage remaining the same.  From which view of the case, Messrs. McCamy, and Wood, a majority of your committee, are of the opinion, that the said Gary and Norris, who appear to have rented the ferry under a confident expectation that the county court would not interfere with the established rules of ferriage, are entitled to some relief, although there is no correct date from which to calculate.  They however, recommend an appropriation of two hundred and fifty dollars, to be made in favor of the said Wm. W. Gary, and Samuel G. Norris, all of which is respectfully recommended.

The question was then put, will the Senate concur in said report? and determined in the negative.  Yeas 7, Nays 9.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Bibb, Casey, Conner, Devereux, McCamy, Smith, Wood-7.

Those who voted in the negative, are Mr. President, Crabb, Hopkins, Metcalf, Moore, McVay, Powell, Sullivan, Taggert- 9.

On motion, it was ordered that the committee on accounts and claims have leave to sit during the session of the Senate.

Mr. Hopkins from the judiciary committee, to which was referred a bill to be entitled an act to regulate pleadings at common law, reported the same as amended, which was concurred in, and the rule requiring all bills to be read on three several days being dispensed with, the bill was read the 3d time forthwith, and passed.  Ordered, that the secretary acquaint the House of Representatives therewith.

Mr. Wood offered the following resolution, Resolved, that the secretary of the Senate be instructed to correct a mistake in the journals of the Senate in recoding the reasons offered by John Wood, a Senator from Jefferson, for voting for the bill to annul the charter of the Planters and Merchants Bank of Huntsville, which was adopted.

The sentence in Mr. Woods reasons in which the mistake occurred, reads


136

thus: "The only inducement on the part of the state of the state to grant such charters, being to promote the public good; therefore it seems that whenever any institution or bank charter files to answer the purposes for which they were intended, and instead of proving a blessing, provides a curse, as the Huntsville bank has not, done.  The word not as used in said sentence at the conclusion, was inserted by mistake, it not being in the reasons as offered by Mr. Wood on the 10th of December during the last session of the Legislature of this State.

A bill from the House of Representatives, entitled an act to alter the third, fourth and fifth judicial circuits, and fix the time of holding the courts therein, was read the first time, the rule requiring all bills to be read on three several days being dispensed with, the bill was read the 2d time and referred to a special committee, consisting of Messrs. Moore, Wood, and Hopkins.

Mr. Moore from the special committee, to which was referred a bill entitled an act to annex a part of Jackson county to Madison county, Reported, that the citizens of Jackson county, contemplated to be added to Madison county, are between fifteen hundred and two thousand white inhabitants, who have not expressed any wish to the proposed alteration, and as they alone are interested in the matter, and ought to be consulted, and for allowing time for that purpose to the citizens whose right alone are to be affected by said bill and which it is the duty of the General Assembly to protect, until they can be heard on that subject.  Your committee therefore, recommended that said bill be laid over until the next session of the General Assembly.

DAVID MOORE, Chairman.

Which was concurred in.

A message from the Governor, by Mr. Thornton: Mr. President, The Governor did on the 23d inst. approve and sign an act, amendatory to an act concerning divorce; An act pointing out the manner by which the streets in the town of Greensborough shall be opened and kept in good order; An act to provide for the opening and keeping in repair a certain road therein described; And an act for rendering the decisions of civil causes more speedy and less expensive than heretofore, all of which originated in the Senate.  A bill entitled an act for the better regulation of free persons of color within the counties of Mobile, and Baldwin, was read the first time.  The rule being dispensed with, it was read the 2d and 3d time forthwith, and passed. Ordered that the same be returned to the House of Representatives.

Mr. Hopkins from the judiciary committee, to which was referred a bill to be entitled an act to alter the time of holding courts in the first judicial circuit reported the same without amendment.  The bill being considered as engrossed, was read a 3d time and passed.  Ordered, that the title be as aforesaid, and that it be sent to the House for concurrence.

Mr. Bibb from the committee on enrolled bills, reported as correctly enrolled an act to alter and amend an act authorising the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile; An act to amend an act authorising Edwin Lewis to open and construct a road in Mobile county, and for other purposes, passed Dec. 18, 1821; An act to provide for the payment of the interest the loan obtained for the use of the state; An act to provide for the transfer of stock issued by the state, and for the renewal of lost certificates thereof ; An act to amend an act entitled an act to establish


137

a public road from Ditto's landing to Marston Mead's in Blount county, passed Dec. 30, 1822; An act giving further time in which executions shall be made returnable when issued by justices of the peace from one county to another; An act to establish certain election precincts therein named; And an act to authorise the resident judge of the third judicial circuit, to hold an intermediate court in Blount county for the purposes therein mentioned, all of which were accordingly signed by Mr. President.

A bill to be entitled an act to authorise the citizens of Florence to raise a sum of money to procure water for the use of said town; An act for the more effectual distribution of the journals of the Senate, and of the House of Representatives; And an act to authorise the comptroller to issue his warrant on the state treasury in favor of Norborne E. Chancery for a certain sum of money therein named, were severally read the first time.  The rule requiring bills to be read on three several days being dispensed with, said bills were severally read a 2d and 3d time and passed.  Ordered, that the same be returned to the House of Representatives.  A bill entitled an act amending the law concerning the poor, was read the first time an ordered to lie on the table; A bill to be entitled an act to provide for the payment of petit jurors in the counties therein named, and for other purposes, was read the first time, and the rule being dispensed with, was read the 2d time.  Mr. Moore moved to amend the bill by striking out Madison, which was carried.  Ordered, that the bill lie on the table.

A bill entitled, an at for the relief of the heirs of Matthew C. Toulmin and Elizabeth Toulmin, was read the first time, and the rule being dispensed with, was read the second and third time and ordered to lie on the table.

A bill to be entitled an act concerning the militia of this state, was read the first time, and the rule being dispensed with, was read a 2d time, and ordered to be referred to the military committee.

A bill entitled an act relative to the securities of judges of the county courts, was read the first time and the rule being dispensed with, was read the second time and ordered to lie on the table.

A bill entitled an act to authorise the Quarter-master General to repair the state arsenal and for other purposes, was read the first time and the rule being dispensed with, was read a 2d time.  Mr. Wood moved to strike out fifty, where the bill makes an appropriation of 50 dollars for cleaning and oiling the guns in the arsenal;--  which was carried, Ordered, that the bill lie on the table.

A bill entitled an act to authorise Martha Prater to emancipate certain slaves therein named, 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 second and third time and laid on the table.

A bill entitled an act to authorise certain persons therein named, to sell and dispose of real estate, was read the first time and the rule being dispensed with, was read a 2d and 3d time and passed.  Ordered, that the same be returned to the House of Representatives.

A message from the House of Representatives by Mr. Murray their clerk; Mr. President, the House of Representatives disagree to the amendments made by your honorable body, to the bill entitled an act to raise a revenue for the support of government until otherwise pro-

S


138

vided for by law, by striking out the words two hundred, in the third section of the bill, and inserting in lieu thereof one thousand.  They concur in the second amendment made by your honorable body to said bill, by inserting the word keno, after the word lotto.  They concur in the third amendment made by your honorable body to the 3d section of the bill, and have amended the same in the manner herewith shewn. They disagree to the other two amendments made by your honorable body to said bill in the 3d section.  They concur in the amendments made by your honorable body to the 4th section of said bill.

A bill to be entitled an act to alter the times of holding courts in the second judicial circuit, was read the first time and the rule being dispensed with, was read the 2d time and ordered to lie on the table.

A bill to be entitled an act concerning the apportionment of hands liable to work on roads in the county of Baldwin, was read the first time and the rule being dispensed with, was read the second and third time and passed.

Mr. Bibb from the committee on enrolled bills, reported as correctly enrolled, An act concerning roads, highways, bridges and ferries in the county of Mobile: An act to alter and amend act regulating the fees of justices, constables and lawyers, and to ascertain the fees that said officers are hereafter the receive; An act to provide for the payment of slaves executed in pursuance of law; An act for the relief of Cyrus Sibley and James L. Seabury, securities of Henry Wheat; An act explanatory of, and supplemental to the act to establish the Bank of the State of Alabama, all of which were accordingly signed by Mr. President.

Bills entitled an act to amend an act entitled an act to incorporate the trustees of the Claiborne Academy; and, an act to confirm the title to sundry purchasers of land sold by the trustees of the university of Alabama; were severally read the first time, and the rule being dispensed with; were severally read a 2d and 3d time and passed.  Ordered that the same be returned to the House of Representatives.

On motion, ordered that the Senate recede from their amendment to the bill entitled an act to establish additional election precincts in the counties of Lawrence, Baldwin and Walker, to which the House of Representatives disagree.  Ordered, that the secretary acquaint the House therewith.

A bill entitled an act to repeal in part an act entitled an act to regulate the proceedings in the courts of law and equity in this state, passed Dec. 14, 1819, was read the first time and the rule being dispensed with, was read the second and third time and passed.  Ordered, that the same be returned to the House of Representatives.

On motion, ordered that the Senate concur in the amendments made by the House of Representatives to the bill entitled an act supplementary to an act passed at Cahawba, on the 30th Dec. 1823, entitled an act to appoint commissioners to improve the navigation of the Tennessee river.  Ordered, that the House be informed thereof.

Mr. Moore, from the special committee to which was referred a bill entitled an act to alter the 3d, 4th and 5th judicial circuits, and fix the time of holding courts therein, reported the same as amended: which was concurred in.  The rule being dispensed with, the bill was read the 3d time as amended and passed.  Ordered, that the secretary acquaint the House therewith.

Mr. Moore, from the special committee, to which was referred a bill


139

entitled an act to authorise the administrators of Nathaniel Henderson, deceased, to sell real estate, reported the same as amended; which was concurred in; the bill was then read a 3d time as amended and passed.  Ordered, that the secretary acquaint the House therewith.

Mr. Moore moved to reconsider the voted of the Senate on ordering a bill entitled an act giving alien on vessels in certain cases, to be laid on the table till the first day of next session; which was carried.  The bill was then read the 2d time, and the rule being dispensed with was read a 3d time and passed. Ordered, that the same be returned to the House of Representatives.

Mr. Taggert called up a bill entitled an act for the relief of the heirs of Matthew C. Toulmin and Elizabeth Toulmin.  The rule being dispensed with the bill was read the 3d time and passed.  Ordered, that the same be returned to the House of Representatives.

Mr. McCamy called up a bill to be entitled an act relative to the securities of judges of the county courts.  The rule being dispensed with the bill was then read the 3d time and passed.  Ordered, that the same be returned to the House of Representatives.

Mr. Wood, from the military committee, to which was referred a bill entitled an act concerning the militia of this state, reported the same as amended: which was concurred in.  Mr. Crabb moved to amend the bill by striking out all of the first section after the enacting clause, and the words 'And be it further enacted,' in the 2d section- which was carried.  The bill was then read the 3d time and passed.

Bills entitled an act to authorise the county court of Bibb county to appoint some person to transcribe certain records of said county, and for other purposes. An act to compensate James Pugh for carrying the returns of the election for Brigadier General from Pike county to Cahawba; An act to emancipate the mulatto girl named Margaret, the slave of James Johnson of Mobile county; and, An act making an appropriation for Thomas B. Childress- were severally read the third time and passed.  Ordered, that the same be returned to the House of Representatives.

A bill entitled an act for the better organization of the militia of this state, was ordered to lie on the table.

A bill entitled an act authorising sheriffs and coroners to execute certain process, was read the third time, and ordered to lie on the table till the first day of next session.

Mr. Bibb moved that the Senate insist on their amendment to the bill entitled an act to raise a revenue for the support of government until otherwise provided for by law, by striking out two hundred, the tax on billiard tables, and inserting one thousand; which was carried- Yeas 8- Nays 7.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. Bibb, Casey, McCamy, Metcalf, Moore, McVay, Powell, Taggert- 8.  Those who voted in the negative are, Mr. Conner, Crabb, Hopkins, Murphy, Shackleford, Smith, Sullivan --  7.  Ordered, that they recede from their amendment to that part of the bill which relates to the tax on playing cards.  Ordered, that they disagree to the amendment made by the House to their amendment to said bill.

Message from the House of Representatives by Mr. Murray, their clerk: Mr. President, the House of Representatives concur in the amendments made by your honorable body to the bills to be 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; An act for the relief of John J. Burton and Stephen Holt.


140

They have read three times, and passed bills originating in their House, entitled An act authorising John S. Moore, guardian of Willey Ann O. Murray, to sell real estate; An act to prevent the commission of trespass on the lands invested in the Trustees of the University of Alabama, and for other purposes.  and then the Senate adjourned to half past three o'clock this evening.

Evening Session.

Mr. Moore, from the committee on enrolled bills, reported a correctly enrolled, An act to alter the time of appointing overseers of roads, and for other purposes; An act supplemental to an act, passed at Cahawba on the 20th of Dec. 1823, entitled an act to appoint commissioners to improve the navigation of the Tennessee river; An act supplementary to, and amendatory of the laws now in force regulating the appointment of auctioneers and sales at auction; An act to alter the time of holding the next circuit court of Lawrence county; An act to exempt the members of the Neptune Fire Companies No. 1 and 2, of the city of Mobile from militia and patrol duty, and for other purposes; An act authorising Isaac Pugh to transfer certain real estate therein named; An act to incorporate the Montgomery light Infantry company; An act to abolish the June term of the supreme court; An act to incorporate the Spring Creek Navigation Company; An act to establish the permanent seat of justice in the county of Jackson, and for other purposes; An act authorising the location and sale of certain quarter sections of land granted by Congress to the several counties in this state for seats of justice; An act to regulate the mode of taxing costs on appeals taken from the decisions of justices of the peace to the circuit and county courts in this state; An act to emancipate Gamaliel, a slave; An act exempting the inhabitants of the town of Claiborne, in Monroe county, from working on roads beyond the limits of said town; An act to regulate the sale of slaves by constables; An act concerning costs where suits are instituted in the name of one person for the use of another; An act to exempt persons from working on a certain state roads at a greater distance from their place of residence than if the same were a county road; An act to establish a certain road therein mentioned; 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; An act to authorise the judge 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 said county? and, An act amendatory to an act entitled an act to establish a public road from the southern line of township 8, in range 4 or 5, west of the basis meridian of Huntsville to the falls of Tuscaloosa, passed Dec. 1820.  All of which were accordingly signed by Mr. President.

The Senate took up the bill entitled an act to authorise the quartermaster general to repair the state arsenal, and for other purposes.  Mr. Murphy moved to fill the blank in the bill where it relates to an appropriation for cleaning and oiling the guns, &c. with one hundred and twenty-five dollars; which was lost- Yeas 7- Nays 7.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. Bibb, Casey, Conner, Murphy, Smith, Taggert, Wood- 7.   Those who voted in the negative, are Mr. President, Crabb, Devereux, Metcalf, Moore and McVay- 7.

Mr. Casey moved to fill the blank with one hundred, which was carried.  Mr. Wood moved to fill the second blank in the bill with twenty, which was carried.  The rule requiring bills to be read on three several days being dispensed with, the bill was then read the third time and passed.  Ordered, that the secretary acquaint the House therewith.

Mr. Wood moved to reconsider the voted of the Senate on the passage of the bill entitled an act to amend the law concerning retailers- which was carried.- Yeas 10- Nays 8.


141

The yeas and nays being desired, those who voted in the affirmative are, Mr. President, Bibb, Conner, Crabb, Devereux, Hopkins, McCamy, Shackleford, Sullivan, Wood - 10.  Those who voted in the negative, are, Messrs. Casey, Metcalfe, Moore, Murphy, McVay, Powell, Smith, and Taggert- 8.

The question was then put, shall the bill pass and decided in the Affirmative- Yeas 10- Nays 8.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Bibb, Conner, Crabb, Devereux, Hopkins, McCamy, Shackleford, Sullivan, Wood -  10.  Those who voted in the negative, are Messrs. Casey, Metcalfe, Moore, Murphy, McVay, Powell, Smith and Taggert- 8.

Ordered, that the title of the bill be "An act to repeal so much of an act as requires persons to swear that they will not retail spirits to Indians."  Ordered, that the secretary acquaint the House therewith.

A message from the Governor, by Mr. Thornton: Mr. President, the Governor did on this day, approve and sign the following acts, which originated in the Senate; An act to provide for the payment of the interest on the loan obtained for the use of this state; An act to provide for the transfer of stock issued by the state, and for the renewal of lost certificates thereof; An act to amend an act entitled an act to establish a public road from Ditto's landing to Marston Mead's in Blount county, passed Dec. 30, 1822; An act to alter and amend an act authorising the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile; An act to establish certain election precincts therein named; An act to extend the time of payment of part of the public revenue of Washington county; An act to authorise the resident judge of the third judicial circuit to hold an intermediate court in Blount county, for the purposes herein mentioned; An act giving further time in which executions shall be made returnable, when issued by justices of the peace from one county to another; and, An act to amend an act authorising Edwin Lewis to open and construct a road by Mobile county, and for other purposes, passed Dec. 18, 1821.

A bill to be entitled an act to prevent the commission of trespass on the land vested in the trustees of the University of Alabama, was read the first time.  The rule requiring all bills to be read on three several days was dispensed with, and the same was read the second and third time and passed.  Ordered, that the same be returned to the House of Representatives.

Mr. Smith moved to reconsider the vote on the passage of the bill entitled an act for the relief of Thomas B. Tunstall, which was carried.  The question was then put, shall this bill pass?  and determined in the affirmative.  Ordered, that the title be as aforesaid and that the same be sent to the House of Representatives for their concurrence.

Mr. Conner called up a bill entitled an act to provide for the payment of petit jurors, in the counties therein named, and for other purposes.  Mr. Casey moved to amend the bill by inserting Dallas after Autauga, which was carried.  The rule being dispensed with, the bill was read the third time and passed.  Ordered that the secretary acquaint the House therewith.

A bill to be entitled an act, to authorise John S. Moore, guardian of Willey Ann O. Murray to sell real estate, was read the first time, and the rule being dispensed with, was read a 2d time and ordered to lie on the table.

A bill to be entitled an act for the better organization of the militia of this state; was read the 3d time and passed.  Yeas 9, nays 8.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. President, Bibb, Casey, Crabb, Devereux, Hopkins, Metcalf, Moore, Taggart- 9.  Those who voted in the negative, are Mr. Conner, McCamy, Murphy, McVay, Powell, Shackleford, Sullivan, Wood- 8.

Ordered, that the secretary acquaint the House of Representatives.

On motion of Mr. Powell, ordered that the committee on accounts


142

and claims be discharged from the further consideration of the petition of N. E. Chandler, and the account of James D. Godbolt.

Mr. Shackleford from the committee appointed on that subject, reported a memorial to the Congress of the United States on the subject of the claims of Col. Samuel Dale, which was read the first time, and the rule being dispensed with, the same was read the 2d and 3d time and passed.  Ordered, that the same be sent to the House of Representatives for concurrence.

Message from the House of Representatives by Mr. Murray: Mr. President, the House of Representatives insist upon their disagreement to the amendments made by your honorable body to the bill to be entitled an act to raise a revenue for the support of Government until otherwise provided for by law.  On motion, Ordered, that the Senate adhere to said amendments.

Mr. Murphy moved to take up the joint resolution proposing to adjourn sine die to day, which was lost.  Mr. Casey introduced a joint resolution authorising the doorkeeper of the Senate to take charge of the public furniture, which was read the first time.  The rule being suspended for same was read the second and 3d time and passed.

Ordered, that the same be sent to the House of Representatives for concurrence.

Message from the Governor, by Mr. Thornton, Secretary of State.

Mr. President, the Governor did on this day approve and sign an act explanatory of, and supplemental to the act to establish the bank of the state of Alabama.

Mr. Moore offered the following resolution, Resolved, by the Senate, that with the concurrence of the House of Representatives, the two Houses will assembly in the representatives chamber this events, at 6 o'clock for the purpose of electing directors of the bank of the State of Alabama, in the room of Alexander Pope, resigned, and David White; and Thomas H. Wiley, who declined the appointment, and a member of the medical board at Mobile, which was adopted.

Mr. Moore from the committee on enrolled bills, reported the following acts as duly enrolled, viz: An act giving additional remedy against constables; An act for the more effectual distribution of the Journals of the Senate, and of the House of Representatives; An act for the relief of John J. Burton, and Stephen Holt; an act to establish a road from the town of Montevallo to the town of Greensborough, and for other purposes; An act to authorise the comptroller of public accounts to issue his warrant on the state treasurer in favor of Norborne E. Chandler, for a certain sum therein named; And an act to establish certain election precincts therein named: all of which were accordingly signed by Mr. President.

A message from the House of Representatives, by Mr. Murray, their clerk: Mr. President, the House of Representatives concur in the two first amendments made by your honorable body, to the bill entitled an act making appropriations for the years 1825.  They have amended the last amendment by striking out two thousand and inserting eighteen hundred; in which they desire your concurrence.  On motion, ordered that the Senate disagree to the amendment made by the House of Representatives to their amendment to said bill.  Ordered, that the secretary acquaint the House therewith.


143

Mr. McVay called up a bill entitled an act to authorise Martha Prater to emancipate certain slaves therein named.  The question was put, shall the bill pass?  and determined in the negative.  Yeas 7 Nays 8.

The yeas and nays being desired, those who voted in the affirmative, are Mr. Conner, McCamy, Moore, McVay, Powell, Shackleford, Taggert- 7.

Those who voted in the negative are Messrs. President, Bibb, Casey, Devereux, Hopkins, Murphy, Smith, Sullivan- 8.

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

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

Mr. Powell from the committee of accounts and claims to which was referred the account of Jesse A. Cooper, reported that it was inexpedient to allow the account, which was concurred in.

Mr. Powell from the same committee to which was referred a bill entitled, act making appropriation for certain claims against the state, reported the same with sundry amendments, all of which were concurred in.  The bill was further amended and ordered to lie on the table.

A message from the House of Representatives by Mr. Murray their clerk: Mr. President, The House of Representatives concur in the resolution proposing to go into the election of three Directors of the state Bank, and a member of the Medical Board at Mobile, this evening at 6 o'clock.  They have passed the resolution originating in your House, entitled, a resolution to ascertain the mode of voting most acceptable to the people, and have amended the same in the manner herewith shewn; in which the desire your concurrence.  They have read three times and passed a bill originating in their House entitled, an act concerning mobile county; and a resolution of thanks to James Monroe, President of the United States; in which they desire your concurrence. They disagree to the amendments made by your honorable body to the 2d and 4th sections of a bill entitled, an act to alter the 3d, 4th and 5th judicial circuits, and to fix the time of holding the courts therein. They concur in the last amendments made by your honorable body to said bill.  They have read three times and passed a bill which originated in your house, entitled, an act for the relief of Thomas B. Tunstall, and have made thereof sundry amendments, in which they ask your concurrence.  A message was also received by Mr. Murray, informing the Senate that the House were ready to receive them in their chamber for the purpose of going into the election of three Directors of the Bank and a member of the Medical Board at Mobile.

Whereupon, on motion, the Senate repaired to the hall of the house of representatives, and after having assembled, the two Houses proceeded to elect three Directors of the Bank of the state of Alabama, in the room of Alex Pope, resigned, and David White and Thomas H. Wiley, who declined the appointment.  Fielding Vaughan, Robert G. Gordon, Jason Gardner, William Read and John W. Rinaldi being in nomination; For Mr. Vaughan 52- Gordon 50- Gardner 47- Read 25- Rinaldi 25.

Those who voted for Mr. Vaughan, are- Mr. President, Bibb, Conner, Crabb, Devereux, Hopkins, Metcalf, Moore, McVay, Powell, Shackleford, Sullivan, Wood, Bagby, Barton, Byler, Cook, Creagh, Crenshaw, Dale, Dickinson, Edmondson, Exum, Farrar, Gaines, Green, Hill, Jones, Lanier, Mardis, Martin, McVay, McCord, Mead, Merriwether, Miller, Moore of mon. Morton, Parham, Perkins, Peyton, Pickens of G. Rather, Ruffin, Skinner, Shotwell, Tapscot, Tindall, Watson, Weissinger, White, Worthington- 52.


144

Those who voted for Mr. Gordon, are- Mr. President, Conner, Crabb, Devereux, Hopkins, Moore, Murphy, Powell, Shackleford, Smith, Taggert, Mr. Speaker, Bagby, Barton, Baylor, Byler, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dickinson, Edmondson, Exum, Farrar, Fluker, Green, Hill, Lanier, Mardis, Martin, Mead, Merriwether, Moore of J. Moore of mar. Moore of mon. Morton, Parham, Perkins, Pickens of D. Pickens of G. Pickett, Ruffin, Shotwell, Tapscot, Tindall, Watson, Weissinger, White, Worthington- 50.

Those who voted for Mr. Gardner, are- Mr. Bibb, Casey, Crabb, Devereux, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Sullivan, Wood, Mr. Speaker, Bagby, Barton, Baylor, Byler, Coleman, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Edmondson, Exum, Fluker, Green, Jones, Lanier, Mardis, Martin, McVay, McCord, Merriwether, Metcalf, Miller, Moore of J. Moore of mon. Parham, Pickens of D. Pickett, Skinner, Tindall, Vining, Watson, Weissinger, Worthington- 47.

Those who voted for Mr. Read, are- Mr. Casey, McCamy, Murphy, Smith, Sullivan, Taggert, Mr. Speaker, Baylor, Cook, Cunningham, Dale, Fluker, Gaines, Hill, McVay, Metcalf, Miller, Moore of J. Moore of Mar. Peyton, Pickens of D. Pickens of G. Rather, Shackleford, Vining- 250

Those who voted for Mr. Rinaldi are- Mr. President, Casey, Conner, McCamy, Metcalfe, McVay, Shackleford, Smith, Taggert, Wood, Mr. Coleman, Farrar, Gaines, Jones, McCord, Mead, Metcalf, Moore of mar. Peyton, Pickett, Rather, Shotwell, Skinner, Tapscot, Vining- 25

Messrs. Fielding Vaughan, Robert G. Gordon, and Jason Gardner having received a majority of the votes given was declared by Mr. Speaker to be duly elected Directors of the Bank of the state of Alabama, for the ensuing year.

The two Houses then proceeded to the election of a members of the Medical Board established at Mobile, Dr. Ezekiel Webb alone being in nomination- for Dr. Webb 63 votes.

Those who voted for Dr. Webb, are- Mr. Bibb, Casey, Conner, Devereux, Hopkins, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Shackleford, Smith, Taggert, Wood, Mr. Speaker, Barton, Baylor, Byler, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Edmondson, Exum, Farrar, Fluker, Gaines, Green, Hill, Jones, Mardis, Martin, McVay, McCord, Mead, 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, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White, Worthington- 64.

Dr. Ezekiel Webb having received all the votes present, was declared by Mr. Speaker to be duly elected a member f the Medical Board at Mobile.  The elections having been completed, the Senate withdrew and returned to their own chamber and Mr. President resumed the chair.

Mr. Smith called up a bill entitled, an act making appropriations for certain claims against the state, and offered an amendment to the same, which was adopted.  The bill was further amended on Mr. Sullivan's motion and ordered to be again laid on the table.

A message from the House of Representatives by Mr. Murray: Mr. President, The House of Representatives recede for their amendment to your amendment to the bill entitled an act making appropriations for the year 1825, by striking out two thousand and inserting eighteen hundred.  They have adopted the following Resolution: Resolved that a committee of conference be appointed on the part of this House, consisting of four members, to wait on such committee as the Senate on their part may appoint, to confer with the members so appointed, and that they endeavor to adjust the difference of opinion existing between the two Houses relative to certain amendments made by the Senate to the revenue law which passed this house, and that said committee be instructed to report accordingly: they have appointed on their part, Messrs. Baylor, Crenshaw, White


145

and Vining.  Ordered, that the Senate concur in said Resolution, and that Messrs. Bibb, McVay and Moore be appoint a committee on the part of the Senate.

Ordered that the secretary inform the Houses thereof.

Mr. Bibb called up the bill entitled an act making appropriations for certain claims against the state, the rule being dispensed with, the bill was read a 3d time as amended and passed.  Ordered that the secretary acquaint the House therewith.

A bill entitled an act concerning the revenue of mobile county, was read the 1st time, and the rule being dispensed with, was read the 2d & 3d time and passed.  Ordered that the secretary acquaint the House therewith.

On motion of Mr. Wood, Ordered that the Senate insist on their amendment to the 2d section of the bill entitled an act to alter the 3d, 4th and 5th judicial circuits, and fix the time of holding courts therein.

Ordered that the Senate recede for their amendment to the 4th section of said bill, and the House of Representatives be informed thereof.

On motion a committee consisting of Messrs. Hopkins and Sullivan, was appointed on the part of the Senate to confer with such committee as may be appointed on the part of the House of Representatives on the subject of the disagreement between the two houses in relation to the amendments made by the Senate to said bill.  Ordered that the House be informed thereof.  And then the Senate adjourned till 8 o'clock, tomorrow morning.