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Wednesday, Dec. 18, 1822.

Mr. Leake, from the committee on Divorce and Alimony, reported 'a bill, to be entitled 'an act divorcing certain persons therein named;' which was read a first time, and the rule being dispensed with, it was read a second time forthwith, and ordered to be engrossed, and be read a third time on Saturday next.

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

"An act for the trial of property taken by virtue of an execution or attachment and claimed by any person not a part to the suit;"

"An act concerning inquiry of damage;" and

"An act to manumit a negro woman slave Margaret, and her children."

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

"An act for the relief of Robert Coyle;" and

"An act granting to John Fowler the right of running a Steam Ferry-boat, and a Row-boat or Sail-boat, between the city of Mobile, an the town of Blakeley;" which they latter they have amended, and in which amendments they desire the concurrence of this House.

Also, that they had read a third time and passed, bills originating in this House, of the following titles, to wit:

"An act to exempt the citizens of the town of Selma from working on Roads beyond the limits of said town;" and

"An act supplementary to an act, entitled an act permanently to fix the seat of justice for the counties of Tuskaloosa and Perry, passed Nov. 27th, 1821;" the title of which latter they have amended, and in which amendments they desire the concurrence of this House.

Also, that they had read a third time and passed a bill, entitled "an act to repeal all acts or parts of acts now in force in this state requiring an oath to be taken on receiving licence to retail spiritous liquors, originating in that body, and in which they desire the concurrence of this House.

Mr. Browne, from the committee on County Boundaries, to whom was referred the petition of the citizens of Shelby and St. Clair counties; reported the prayer of the petition as unreasonable and ought not to be granted; in which report the House concurred.

Mr. Farrar, from the Military Committee, reported a bill, to be entitled 'an act to revise, consolidate and amend the several acts relative to the Militia of this State;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Mead moved to reconsider the vote given on yesterday to reconsider the vote on concurring with the report of the committee on Roads, Bridges, Ferries, & c. on the petition of Charles Lewen- which was carried.

Mr. Browne, from the committee on County Boundaries, to whom was referred the petition of sundry people, praying that a part of Marengo might be added to Wilcox, reported the same as inexpedient and ought not to be granted.

Ordered, That the House concur in said report.

Mr. Adair, form the select committee to whom was referred a bill, to be entitled 'an act to continue in force, and amend an act, entitled an


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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:' reported that said bill with amendments, in which the House concurred.

Ordered, That said bill lie on the table.

On motion of Mr. Gayle, Resolved, that His Excellency the Governor, be requested to lay before this House such information as may be in his possession in relation to salves or persons of colour which have been condemned and sold for having been imported into this State in violation of the laws of the United States, prohibiting the slave trade; and also to inform this House how much of the monies accruing from such sales, have been paid into the Treasury of this State.

A message was received from the Governor by Mr. Pleasants, Secretary of State: which message was in writing and is as follows:

Executive Department, Dec. 18, 1822.

Gentlemen of the Senate, and of the House of Representatives,

The act of Congress passed at the last session, providing for the payment of this state of three per cent of the nett proceeds of sales of lands made since the first day of September 1819, directs that such payment shall be made by the Secretary of the Treasury, from time to time, and whenever the quarterly accounts of the several and offices in the state shall be settled, to such person or persons as may or shall be authorized by the Legislature of the state to receive the same.

To meet the provisions of the act of Congress, it will become necessary for the General Assembly to pass a law authorizing some person, or persons to receive the fund.  I submit whether the State Treasurer may not be a suitable agent to be designated to that trust being required to set apart in the treasury, subject only, to special appropriations, and those applicable only to the objects for which this fund was designed.

The payment of this sum is subjected, by the act authorizing it, to a limitation which is possibly may suspend it for some time: concerning the situation of which I hoped before this time to have been able to lay be fore you the statement of the Treasury Department.

The fund in questing being applicable only to the making of public roads and improving internal navigation, a portion of it cannot be too early realized; at no period can it be more needed than at the present. Several highly necessary leading roads were directed by the acts of last session, and the same policy of improving out land communications is observable at the present session also.  It may likewise be remarked, that a portion of an appropriation, payable out of this fund by the act of the 13th of December, 1819, yet remains unexpended: this had been applicable to the examination of certain rivers, and of communications by land between them.

By the reports of the commissioners who have laid out certain state roads conformably to the law of last session, some appropriations will be necessary to open certain sections of hose roads lying out of the reach of settlements; a comparatively small sum may answer this purpose, being prudently employed in the hire of working hands by he month, under one or more judicious overseers.

Connected with this subject, I would suggest, that it might very materially aid in the improvement of our roads and navigation, if such provision were made by law, whereby slaves illegally imported or oth-


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erwise introduced, should be employed in this species of service, under suitable agents, until otherwise disposed of according to law.

I have the honor to be your most ob't,

ISRAEL PICKENS.

The House then proceeded to the consideration of the bill, to be entitled "An act to repeal in part and to amend an act, entitled an act supplementary to an act to establish a State University;" which was read a second time.

Mr. Fearn moved to amend eighth section of said bill, by inserting after the word 'due' these words "Provided, That the said trustees shall have power to lay off town lots at any place they may deem expedient; and to dispose of the same on such terms and under such regulations, as they shall prescribe: Provided, that the same lots when so laid off, shall not sell for less than the minimum price herein expressed;" which amendment was adopted.

Mr. Gayle offered the following amendment to the 8th section: "Provided, That it shall be in the power of the trustees to reduce the minimum price to any sum not less then ten dollars, of the said lands in the county of Monroe, after they have been offered for sale and remain unsold;" which was lost.

Mr. Jackson moved to amend the 8th section there from all after the words 'and the residue of the purchase money shall be,' for the purpose of inserting the following: 'And remain a lien forever on the land sold, and upon the first, second, and third payments with interest as aforesaid, it shall be the duty of the said trustees to execute to the purchaser a bond for the land described in the certificate of purchase for the term of ninety-nine years, renewable forever, to bear interest on the residue of the purchase money at the rate of          per centum per annum, conditioned to pay the interest annually:' which amendment was lost.

Yeas 21                   Nays 35

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

Mr. Adair

Davis

Leake

Pope

Young- 21

Adams

Edmondson

Mead

Rather

Browne

Hubbard

Montgomery

Skinner

Clay

Hill

Morton

Sanders

Durrett

Jackson

McClung

Wallace

Those who voted in the negative, are,

Mr. Speaker

Dulaney

Harris of B.

Jones,

Shortridge

Abercrombie

Fitzpatrick

Harris, of W.

Kennedy

Taylor

Barclay

Fitz

Hunter of C.

Merriwether

Terrell

Bailey

Farrar

Hunter of T.

Martin

Thompson

Browning

Fearn

Hallett

Oliver

Winston

Crenshaw

Ford

Hardwicke

Rutherford

Weissinger

Coleman

Gayle

Harvey

Riviere,

Williams- 35

And then the House adjourned till 3 o'clock this evening.

Evening Session.

The House resumed the consideration of the bill, to be entitled "An act to repeal in part and amend an act, entitled an act supplementary to an act to establish a State University."

Mr. Adair moved to strike out the 17th section of said bill, which is in these words; 'And be it further enacted, That the trustees shall have the power, and it is hereby declared to be their duty, to establish so soon as they shall deem it expedient, three institutions for Female education, one of which shall be located in the northern, one in the middle, and one in the southern section of the state, at such places as the trustees shall desig-


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nate; which institutions shall be under the superintendence each, of twelve directors to be appointed by the trustees, under such regulations as te trustees may prescribe: Provided, that not more than------ of the annual funds of the trustees shall be appropriated to the support of said institutions;" which was carried.

Yeas 41                 Nays 12.

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

Mr. Speaker

Dulaney

Hallett

Montgomery

Sanders

Adair

Durrett

Hardwicke

McClung

Taylor

Abercrombie

Edmondson

Harvey

Norwood

Terrell

Barclay

Fitzpatrick

Hill

Oliver

Wallace

Bailey

Fitz

Jackson

Pope

Winston- 41.

Browne

Fearn

Kennedy

Rutherford

Browning

Ford

Leake

Riviere

Crenshaw

Gayle

Mead

Skinner

Coleman

Hubbard

Merriwether

Shortridge

Those who voted in the negative, are,

Mr. Adams

Farrar

Morton

Thompson

Clay

Hunter of T.

Martin

Weissinger

Davis

Jones

Rather

Williams- 12.

Mr. Jackson moved to strike out of the 19th section the words 'a State Bank if one should be established, or in,' where these words occur in the manner, 'Provided, that a sum not exceeding $100,000, may, in the discretion of the board, be invested in a State Bank, if one should be established, or in stock of the state;' which was lost.

Yeas 25                       Nays 29.

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

Mr. Speaker

Browning

Edmondson

Martin

Shortridge

Adair

Clay

Fitz

McClung

Terrell

Abercrombie

Dulaney

Hill

Oliver

Winston

Adams

Durrett

Jackson

Pope

Williams

Browne

Davis

Kennedy

Skinner

Young- 25

Those who voted in the negative, are,

Mr. Barclay

Fearn

Hallett

Merriwether

Sanders

Bailey

Ford

Hardwicke

Montgomery

Taylor

Crenshaw

Gayle

Harvey

Morton

Thompson

Coleman

Hunter of C.

Jones

Rutherford

Wallace

Fitzpatrick

Hunter of T.

Leake

Riviere

Weissinger- 29

Farrar

Hubbard

Mead

Rather

Mr. Oliver moved to amend the 8th section by adding the following proviso at the end thereof:

"Provided however, that each purchaser or purchasers shall have liberty at any time to pay the whole or any part of the amount of money due from him or them, to the said trustees; and thereby discharge him or themselves from the payment of interest on the amount so paid;" which was lost.

Mr. Davis moved to amend said bill by adding after the word 'detainer' in the 10th section, these words 'saving in every case of a forfeiture, the growing crop to the occupant;' which was adopted.

Mr. McClung moved to amend the 13th section by adding thereto the following words:

'And the person purchasing according to the provisions of this section, shall enure to all the equity, and be subject to the same rules as herein before prescribed for original purchasers or lessors;' which was adopted.

Mr. Morton moved to amend the 21st section by adding thereto the following proviso: "Provided, that any monies that are now in the hands of the Comptroller of Treasurer of this state, belonging to the state University, shall be subject to the call of the trustees until the treasurer of


105

the board of trustees shall be duly authorized to receive said monies, which was adopted.

Mr. Williams moved to strike out the 21st section from the purpose of inserting the following: 'That all the monies arising from the sales, rents, or leases of the University lands shall be paid into the state treasury, and shall be kept apart for the sole use of the University: and the said treasurer shall give additional security, such as the trustees may approve, for the safe keeping of all such money;' which was lost.

Ordered, That said bill be engrossed and be read a third time tomorrow.

On motion of Mr. Davis, Resolved, that, with the concurrence of the Senate, the two Houses will convene in the representative hall on Friday next, at the hour of four o'clock, P.M. for the purpose of electing a Comptroller of public accounts, and a state Treasurer.

Mr. Mead obtained leave to introduce a bill, to be entitled "An act to define, and make plain the western boundary line of Blount county;" which was read a first time, and ordered to be read a second time to-morrow.

We, the undersigned, having voted against the bill, to be entitled, "An act to raise a revenue for the support of government for the year, 1823," deem it proper to state the reasons that have governed us in doing so.-  In the first place, the constitution provides, that all lands liable to taxation in this state shall be taxed in proportion to their value.  The bill on the other had subjects all lands to taxation according to their quality; and inasmuch as we do not conceive the words quality and value to mean the same thin, we were constrained, in obedience to the constitution, the paramount law of the land, which we had sworn to support, to vote against the bill.  Secondly, had our constitutional scruples been disregarded, we believe the law would have been unequal and oppressive in its operation.

Poor men owning lands at distance from towns, or navigable streams or in such situations as to be of little value, would be taxed as much as those owning lands of the same quality in more eligible situations, and in consequence much more valuable.

James Jackson,

John D. Terrell,

Woodson C. Montgomery,

Francis Durret,

John Adams,

William I. Adair,

Thomas Fearn,

Martson Mead,

Joseph Young,

Hiram Shortridge,

Th. B. Rutherford,

Thos. L. Hallett

And then the house adjourned till tomorrow morning 10 o'clock.