Wednesday, December 11.

The House met pursuant to adjournment.

Mr. Williams presented the petition of Charles Lewen, praying that the road leading from Tuskaloosa to Claiborne may not pass through his land; which was read and referred to the committee on Roads, Bridges Ferries &c.

Mr. Hallett presented the petition of the Fire-men of Mobile, praying that they may be exempted from mustering and serving as jurors; which was read and referred to a select committee, consisting of Messrs. Hallett, Gayle, and McClung.

Mr. Mead, from the select committee to whom was referred a resolution of this House requiring them to take into consideration the necessity of requesting the Congress of the United States by a memorial to authorize a treaty with the Cherokee Indians, reported

"A Memorial:" which was read a first time, and ordered for a second reading to-morrow.

Mr. Davis, from the select committee, to whom was referred a bill, to be entitled "an act respecting bail in civil cases," reported the said bill with amendment; in which the House concurred.

A message was received from the Senate, by Mr. Lyon, their secretary, informing this House, that they had read a third time and passed, "a bill originating in this House, of the following title, to wit:

"An act to amend an act incorporating the town of Erie;" also that they had read a third time and passed, bills originating in their body, of the following titles, to wit:

"An act to refund James Mixon a sum of money improperly assessed and collected;"

"An act giving Execution for costs in the Supreme Court;" and

"An act to authorize Nicholas Pope, to emancipate a certain slave therein named;" in all of which they desire the concurrence of this House.

Mr. Adair, offered the following resolution: Resolved, by the Senate and House of Representatives of the State of Alabama in General Assembly convened, that in all elections by joint vote of the two Houses, the following rules shall be observed, to wit:

When more than two persons or places shall be in nomination, and upon the second vote it shall appear that no one person or place as the case may be, has obtained a majority of the whole number of votes given, the person or place having the fewest votes shall be dropped; and the other persons or places shall be again voted for, successively dropping the hindmost, until some one shall receive a majority of the whole number of votes; all nominations shall be made before any vote is taken; and no new nomination shall be received thereafter.

Ordered that said resolution lie on the table.

The Speaker laid before the House the proceedings of the circuit court of Perry county in the case of Polly Ryan against James Ryan for Divorce, which were referred to the committee on Divorce and Alimony Ordered That a bill to be entitled "an act to provide for the emancipation of slaves," be referred to a committee of the whole House and be made the order of the day for to-morrow.

A bill from the Senate entitled "an act to authorize Rosanna Lamb-


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kin and Elijah Hogan to convey to Isaac Jackson a certain tract of land therein mentioned," was read a third time and passed.

Ordered, That the Senate he acquainted therewith.

On motion of Mr. Morton, the House took up a bill to be entitled "an act authorizing pay to the Trustees of the State University;" which was read a second time and ordered to to be engrossed for a third reading to-morrow.

A bill to be entitled "an act to authorize administrators to sell land belonging to the estate of their intestate to which a complete title has not been obtained," was read a second time and referred to a select committee, consisting of Messrs Jackson, Crenshaw and Adair.

Ordered, That the memorial of the Trustees of the University of Alabama, to the General Assembly of this State, be spread on the Journals.

Bill from the Senate, entitled "an act to exempt preachers of the Gospel from the payment of Ferriages in certain cases," was read a second time.

Mr. Morton moved to amend said bill, by striking out all after the enacting clause; which was carried.

A bill from the Senate, to be entitled "an act to continue in force and amend an act, entitled an act to repeal in part and amend an act, entitled an act to regulate the proceedings in the courts of law and equity in this State, and for other purposes therein mentioned," was referred to a select committee, consisting of Messrs. Adair, McClung and Crenshaw.

Bill from the Senate, entitled "an act to alter and amend an act extending the jurisdiction of the County Court of Mobile County, passed the 17th December 1821," was read a second time and ordered to be read a third time to morrow.

Bill from the Senate, entitled "an act to prevent free negroes and mulattoes from retailing spiritous liquors and for other purposes," was read a second time, and amended by striking out the 3d and 4th sections thereof.

Mr. Barclay moved further to amend said bill by adding at the end of the first section thereof, the words "on the Sabbath" which was lost.

Yeas — 10            Nays — 36.

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

Mr. Adams

Bailey

Hardwicke

Morton

Sanders

 Barclay

Davis

Montgomery

McClung

Williams- 10

Those who voted in the negative, are,

Mr. Speaker

Durrett

Hallett

Martin

Terrell

  Adair

Edmondson

Hill

Oliver

Thompson

  Abercrombie

Fitz

Harvey

Pope

Wallace

  Browne

Fearn

Jackson

Rutherford

Weissinger- 36

  Crenshaw

Harris of B.

Kennedy

Rather

  Clay

Hunter of T.

Leake

Skinner

  Coleman

Hunter of C.

Mead

Shortridge

  Dulaney

Hubbard

Merriwether

Taylor

Ordered, that said bill be read a third time to morrow.

A bill from the Senate entitled, an act concerning Inquiry of Damages,- was read a third time and passed.

Ordered, That the Senate be acquainted therewith.

Bill from the Senate, entitled "an act to prevent frivolous and vexatious law suits," was read a second time and ordered to be read a third time to-morrow.

A bill to be entitled "an act concerning recognizances," was read a second time, and ordered to be engrossed for a third reading to-morrow.

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Mr. Young obtained leave to introduce a bill, to be entitled 'an act to regulate trials at law in certain cases therein named;’ which was read a first time.

Mr. Morton, moved that the further consideration of said bill be indefinitely postponed, which was lost.

Yeas — 24.                  Nays — 27

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

Mr. Speaker

Fearn

Harvey

Morton

Sanders

 Abercrombie

Ford

Kennedy

McClung

Taylor

 Crenshaw

Harris of B.

Leake

Oliver

Thompson

 Fitz

Hunter of T.

Merriwether

Pope

Williams- 24.

 Farrar

Hunter of C.

Montgomery

Rutherford

Those who voted in the negative, are,

Mr. Adair

Coleman

Hubbard

Mead

Wallace

      Adams

Dulaney

Hallett

Martin

Weissinger

      Barclay

Durrett

Hardwicke

Riviere

Young- 27

      Bailey

Davis

Hill

Rather

      Browne

Edmondson

Jones

Skinner

      Clay

Fitzpatrick

Jackson

Terrell

Ordered, That said bill be read a second time to-morrow.

Mr. Hubbard obtained leave to introduce a bill to be entitled "an act to provide for paying for the public buildings in Lawrence county;" which was read a first time, and ordered to be read a second time to morrow.

Bill from the Senate, entitled "an act for the government of the port and harbour of Mobile," was read a second time, and ordered to be read a third time to-morrow.

An engrossed bill, entitled "an act to compel clerks of the circuit and county courts to give bond and security within the time therein prescribed," was read a third time, amended by way of rider, and passed.

Ordered, That the title be changed from that of "a bill” to that of "an act.”

Ordered, that the same be sent to the Senate for their concurrence.

Mr. Thompson moved to reconsider the vote given on yesterday on the passage of the bill from the Senate entitled "an act to authorize the granting of letters testamentary without security in the cases therein named," which was carried.

Ordered, That said bill lie on the table.

Mr. Crenshaw from the Judiciary committee, to whom was referred a resolution of this house, directing them to inquire into the expediency of changing the present mode of electing Justices of the Peace, reported against the expediency of changing the present mode of electing Justices of the Peace. Ordered, that the House concur in said report.

Mr. Crenshaw, from the same committee to whom was referred a resolution directing them to inquire into the expediency of altering the existing law relating to vagrants, reported that it is inexpedient to change the law in relation to that subject. Ordered, that the House concur in said report.

Mr. Crenshaw, from the same committee, to whom was referred a resolution, requiring tem to examine into the expediency of altering the law concerning Scire Facias and the lien which executions have on property, reported, that it is inexpedient to change the law in relation to those subjects: in which report the House concurred.

Mr. Crenshaw, from the same committee to whom was referred a resolution, directing them to inquire into the expediency of establishing a separate court of Chancery, reported, that it is inexpedient at present to establish a separate court of Chancery. Ordered that the House concur in said report.


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Mr. Crenshaw from the same committee, to whom was referred a resolution directing them to inquire into the expediency of making an alteration in the law permitting Justices of the Peace to apprehend and bail in certain cases, reported that it is inexpedient at present, to make any alteration in the law concerning the matter referred to them. Ordered, that the House concur in said report.

Mr. Crenshaw from the same committee, to whom was referred a bill from the Senate, entitled "an act to authorize fathers to devise the custody and tuition of their infant children," reported the said bill without amendment. Ordered that the house concur in said report.

Mr. Pope from the joint committee on enrolled bills, reported that the committee had examined and found correctly enrolled, bills of the following titles, to wit:

"An act the better to secure debts upon Writs of Error;"

"An act concerning the Judges of the County Courts;"

"An act to manumit certain slaves therein named;"

"An act divorcing Nathan Briley from his wife Elizabeth Briley;"

"An act for the relief of John P. Hickman and Richard Ellis;" and

"An act to amend an act to appoint commissioners to lay out certain roads therein specified and for other purposes."

Mr. Harris of Baldwin obtained leave to introduce a bill, to be entitled "an act to impose additional duties on the several solicitors of this state;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Rather, from the select committee, to whom was referred a bill, to be entitled "an act to establish a public road from the house of John Gandie in Morgan county, to Baltimore in Blount county," reported the said bill with sundry amendments in which the House concurred.

On motion of Mr Morton, Resolved, that the Judiciary committee be instructed to inquire into the propriety of amending the laws relating to white men's trading with negroes.

To the Honorable the Senate and House of Representatives of the State of Alabama, in General Assembly convened.

The memorial of the undersigned members of the Board of Trustees of the University of Alabama respectfully showeth, that your memorialists having entered upon a discharge of the duties imposed upon them by the charter of of incorporation and having paid that deliberate attention to the subject which its high importance demands find in the opinion of your memorialists sundry defects in the said charter arising in some instances from a defect of power necessary to be invested in the board in others arising from a too unlimited and undefined grant of powers, in others from an injudicious and impolitic direction for the disposition of the endowment, and in others from an entire omission in the charter of certain privileges necessary for the safety security and prosperity of the institution. They therefore respectfully submit the following propositions for the consideration of your honorable bodies, to be incorporated as alterations, additions and amendments to the said charter, viz:

I. That the present board of Trustees shall continue in office for the term for three years, and until their successors shall be duly elected and unqualified That the General Assembly shall fill all vacancies which shall happen by the expiration of the term of office, by death, resignation or otherwise; but that the Board of Trustees may fill such vacancies which shall happen during the recess of the General Assembly by elections which shall continue until they are vacated by elections to be made by the General Assembly at their next session: and, That after the expiration of the term of service of the present


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board, the Trustees thence next elected shall be classed, by lot, into three classes: one third to serve for two years a second to serve for four years, and a third to serve for six years and until their successors shall be duly elected and quallified; and the classes shall be thus continued in succession, one third being elected every second year, and so on forever.

II.  That the President of the University, together with two of the Trustees, or three of the Trustees without the President shall have the power of calling on occasional meeting of the board; reasonable notice by mail or otherwise being first given to all the other Trustees, specifying the cause or causes for such call; but that no business shall be transacted by the board thus convened other than that specially assigned as the cause of such meeting, unless at least seven of the Trustees concur therein.

III. That no permanent election of any officer or officers of the institution shall be made or salary or salaries be fixed at any other than the state annual meetings of the board; and that all appointments which shall be made at any called meeting, shall expire at the end of the next state meeting.

IV. That the President of the University shall not hold the office of Trustees so long as he shall hold the office of President.

V. That a majority of the whole number of Trustees shall be always present when any business is transacted and that a majority of the members present, at a state annual meeting shall have the power to expel a student or students.

VI. That the lands of the University shall be sold at public auction upon the following terms and conditions to wit: one fourth part of the purchase money shall be paid down at the time of sale, one eighth part in one year thereafter with interest at the rate of six per cent per annum, one eighth part in two years with interest as aforesaid, and the residue shall be paid at the expiration of eight years thereafter, with interest as aforesaid, payable annually from the date of the third payment becoming due; for all of which payments the purchase shall execute his bonds payable to the Trustees and their successors and upon the failure of any of the said payments, the purchaser shall forfeit the money paid and his right to the land purchased, unless the Trustees may choose to put the bond or bonds in suit for the amount then due; and in that case, the forfeiture of the money paid and land purchased shall not accrue until a failure of the suit to cause the payment of the money due as aforesaid. and the purchaser at any time within said period upon payment of principal and interest then due shall have a title in fee simple, or at the expiration of said term of credit, the purchaser shall have the right upon the payment of all interest then due of converting said purchase into a lease for ninety-nine years, renewable forever: Conditioned for the payment of the interest upon the residue of said purchase money, annually, with the right of the Trustees to distrain any personal estate belonging to the said purchaser, his assigns or the tenant in possession. And upon the failure of payment upon such distringus the purchaser and his assigns shall forfeit all right to the land purchased; and all money paid on account thereof, and all lands thus forfeited, shall be sold by the said Trustees to the highest bidder for ready money, and after paying the amount of principal and interest then due to said Trustees the residue if any shall be paid to such purchaser, his executors, administrators or assigns.

VII. That the title of the lands shall vest in the present Trustees, and their successors in office, forever.

VIII. That three of the board of Trustees, shall be designated by the board to attend at each place of sale, who, or one of whom, together with such other Trustees as may attend, shall be superintendents of the sales; and in case of any failure of the agent to attend or conduct the sales by sickness or or any other cause, the Trustees so attending shall have power to fill the vacancy, and the board of Trustees shall have power whensoever they may deem


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it expedient to revoke any of the agents, and to fill the vacancies thereby occasioned.

IX. That the Trustees be authorized to subscribe, $100,000 to a State Bank should one be established, or in stock of the state, should such be created and they shall think it advisable so to do; but if not, that it be made their duty to invest the amount of the three first payments on the sales in six per cent or other stock of the United States.

X. That the estate, both real and personal of the Trustees shall be free and forever exempt from taxes and the persons of all officers, servants and students belonging to said University, shall during their continuance there, be exempt from taxes, working on roads, and ordinary military duty.

XI. That the Trustees shall have power to establish three institutions for female education one to be located in the northern one in the middle, and one in the southern section of the state, with such endowments as the Legislature may think proper to direct.

XII. That as soon as the site of the University is selected, there shall be six additional Trustees elected by the Legislature, in the same manner, and for a like term with the present Trustees, who shall reside within fifty miles of the University.

XIII.  That so much of the money received on the first payment for the lands sold, as will be sufficient for the erection of the buildings, be appropriated to that object, and that the interest arising from the last payment, be set apart and invested in government or other safe stocks, and applied to sinking the amount of money appropriated to the erection of the buildings as aforesaid and when that object shall be effected, the whole amount of funds then in hand to become due, shall be capital stock, and shall never thereafter be diminished.

XIV. That the power of exposing to lease by the year, so much of the lands as may not be sold, be given to the Trustees, with an appropriate sum mary power of enforcing payment of rent; also that provision be made whereby the note and bonds for rent now in possession of the state may be collected, as well as the rent for which occupants may be liable without any written engagement, and that the monies of the institution received into the Treasury, be so appropriated that the same may be applicable by the order of the board towards satisfying claims against the Trustees and other purposes of the institutions.

 

ISRAEL PICKENS, President

HENRY HITCHCOCK,

THOMAS FEARN,

J. McKINLEY,

G. W. OWEN,

HUME R. FIELD,

R. W. CARTER,

J. MURPHY

NICHOLAS DAVIS,

JACK SHACKLEFORD

Ordered, That the House adjourn till to-morrow 10 o'clock, A.M.