Thursday, December 19.

The Speaker laid before the House the memorial of John B. Burke, praying that Robert Lee and James Vesey, Justices of the Peace for the county of Clarke, may be impeached for mal-practices in office, which memorial was referred to a select committee, consisting of Messrs. Adair, Crenshaw and Jackson.

Mr. Morton, from the committee of Ways and Means, to whom was referred a bill, to be entitled "An act to authorize the sale of the public lands adjoining the town of Cahawba," -  reported the said bill without amendment.

Ordered, That said bill be engrossed for a third reading to-morrow.

Mr. Shortridge, from the Joint Committee appointed to examine the Digest of Statutes of this State by Harry Toulmin, Esq. presented to the House a report thereon, and

A bill, to be entitled 'an act concerning the printing, binding and dis-

14


106

posal of the Digest of the Statute of Laws of the State of Alabama;' which was read a first time, and ordered to be read a second time to-morrow.

Mr. Clay laid before the House the account of John C. Clopper, coroner of Lawrence county; which was referred to the committee on accounts.

Mr. Fitz, from the select committee to whom was referred a Resolution of this House requiring them to lay off the State into electoral districts for the purpose of electing five electors of President and Vice-President, reported a bill, to be entitled 'an act for dividing the State into Districts for the purpose of electing electors of President and Vice-President of the United States' which was read a first time, and ordered to be read a second time to-morrow.

A bill, to be entitled 'an act to define and make plain the western boundary line of Blount county,' was read a second time, and ordered to be engrossed and read a third time to-morrow.

Memorial from the Senate, to the Congress of the United States, to procure further relief to the purchasers of public lands in this state, was read a second time, and ordered to be read a third time to-morrow.

Mr. Adair obtained leave to introduce a bill, to be entitled 'an act further to regulate proceedings in suits at law;' which was read a first time, and ordered to be read a second time to-morrow.

Mr. Clay, moved the following resolution:

Resolved, That this House will take up, and dispose of the orders of the day as they are arranged on the Speakers table; which was ordered to lie on the table.

Mr. Sanders moved to reconsider the vote given on yesterday on striking out the 17th section of a 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 carried.

Mr. Williams moved to strike out all of the said 17th section after the enacting clause, for the purpose of inserting the following words.

"That the trustees shall have power, and it is hereby declared to be their duty to establish, so soon as they shall deem it expedient, three branches of the State University, as institutions for female education; to be located at such places as the Trustees shall designate; which institutions shall be under the superintendence each, of twelve directors to be appointed by the Trustees under such regulations as the sais Trustees may prescribe: Provided, That not more than one hundred thousand dollars of the annual funds of the Trustees shall be appropriated in the support of said institutions;' which amendment was carried.

Yeas 29              Nays 25

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

Mr. Abercrombie

Fitz

Hunter of T.

Morton

Terrell

Adams,

Farrar

Hubbard

Martin

Thompson

Barclay

Gayle

Hallett

Riviere

Wallace

Bailey

Harris of B.

Harvey

Rather

Weissinger

Browning

Harris of W.

Jones

Sanders

Williams- 29

Davis

Hunter of C.

Merriwether

Taylor

Those who voted in the negative, are,

Mr. Speaker

Coleman

Fearn

Leake

Oliver

Adair

Dulaney

Ford

Mead

Pope

Browne

Durrett

Hardwicke

Montgomery

Rutherford

Crenshaw

Edmondson

Hill

McClung

Skinner

Clay

Fitzpatrick

Jackson

Norwood

Young- 25

 


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Mr. Jackson moved the following amendment, by way of rider, to the 19th section of said bill:

"Provided, nothing herein contained shall authorize said Trustees, to invest one hundred thousand dollars of the funds of the University in a State Bank until $400,000 of the stock of said bank be subscribed for and one half thereof, paid by individual subscribers;" which was adopted.

Yeas 30                Nays 25.

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

Mr. Speaker

Durrett

Harris of W.

Mead

Skinner

Adair

Davis

Hunter, of  T.

Montgomery

Shortridge

Adams

Edmondson

Hubbard

Martin

Terrell

Browne

Fitz

Hill

McClung

Winston

Clay

Farrar

Jackson

Pope

Williams

Dulaney

Fearn

Leake

Rather

Young- 30

Those who voted in the negative, are,

Mr. Abercrombie

Coleman

Hunter of C.

Merriwether

Rivers

Barclay

Fitzpatrick

Hallett

Morton

Sanders

Bailey

Ford

Harvey

Norwood

Thompson

Browning

Gayle

Hardwick

Oliver

Wallace

Crenshaw

Harris of B.

Jones

Rutherford

Weissinger- 25

The said bill was then read a third time 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.

A message was received from the Governor, by Mr. Pleasants, Secretary of State; as follows:

EXECUTIVE DEPARTMENT, Dec. 19, 1822.

Gentlemen of the House of Representatives.

In compliance with the resolution of the House of Representatives passed on the 18th inst. requesting such information as may be in possession of this department, relative to salves 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 to be informed how much of the money arising from such sales has been paid into the Treasury of this State; I have the honor to reply that no money has ever been paid into the Treasury from that source: Nor has any information ever been communicated to this Department relative to any condemnation and sales, excepting that which is contained in the accompanying papers. The District Court of the United States at Mobile having lately entertained jurisdiction so far as to make orders of condemnation and sale in the case of the libels now pending by appeal in the Supreme Court of the U. S., it was believed possible that other cases might have occurred in this court, wherein sales might have been made; I causes applications to -be made to the Clerk and the District Attorney, which had produced the information herewith communicated.  It appears that five slaves were condemned at February term 1821, of whom one deserted- one died and three were sold by he Marshall for $740, which sum the Attorney remarks, "he has been informed by the Marshall was not sufficient to pay the expense of keeping." I have since made application to the Marshall for a full statement exhibiting his proceedings and the application of the monies.  His answer is not yet received. Having on former occasions suggested the expediency of adopting some measures on the part of the State for securing this portion of its interest,


108

conferred by the laws of the United States: I can only add that these documents very forcibly exemplify this expediency. I have the honor to be, your most obedient, ISRAEL PICKENS.

Ordered, That said communication, with the accompanying documents, be laid on the table.

Ordered, That the report of John D. Terrel on the survey of the Buttahatchee river, be referred to a select committee, consisting of Messrs. Fearn, Jackson, Gayle, and Adair.

Mr. Hardwicke obtained leave to introduce a bill, to be entitled 'an act, for the better selection and drawing grand and petit jurors for the several counties of this state;' which was read a first time, and ordered to be read a second time to-morrow.

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

'An act authorizing the Judge of the county court of Mobile county, to appoint a public weigher in the city of Mobile;'

'An act to authorize the Judge of the county court of Mobile to take possession of the Spanish Records;'

'An act to authorize Jacob Dust to emancipate a female negro salve therein named;'

'An act to appoint commissioners to lay out two roads from the ford of Line Creek; the one to Coffeeville, the other to Tuscaloosa;'

'An act to amend an act, entitled an act appointing commissioners to lay out a road on, or near the dividing line, between the counties of Madison and Limestone, passed at Cahawba the 30th of November, 1820;'

And 'an act to amend the act, passed December 17th, 1821, entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes:' in all of which they desire the concurrence of this House.

The House then took into consideration the bill from the Senate, 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.'

Mr. Adair moved to reconsider the vote given yesterday on concurring with the amendments made by the select committee to said bill, which was carried.

The House then concurred severally, in the first, second, third, and fourth amendments of the select committee.

The House the proceeded to consider the fifth amendment of the select committee to said bill, which amendment is in these words:

"And be it further enacted, That after the said 4th day of January next, the Judges of the county courts shall perform the duties heretofore, performed by the clerks of the several county courts in relation to the estates of Testators, Intestates and Guardians; and they shall have the custody of all the papers and books that appertain to the orphan's court of the respective counties; and the said Judges, in addition of the fees which they are now entitled to receive, shall also be entitled to the same fees which are now allowed to the clerks of the orphan's courts for such services."  And the question being put on concurring in said amendment, it was decided in the negative.

Yeas 24- Nays 30.


109

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

Mr. Speaker

Farrar

Hunter of C.

Montgomery

Pope

Adair

Fearn

Hallett

Morton

Rutherford

Adams

Ford

Leake

McClung

Terrell

Bailey

Gayle

Mead

Norwood

Weissinger- 24

Crenshaw

Hunter of  T.

Merriwether

Oliver

Those who voted in the negative, are,

Mr. Abercrombie

Dulaney

Harris

Jackson

Sanders

Barclay

Durrett

Hubbard

Kennedy

Taylor

Browne

Davis

Hardwicke

Martin

Thompson

Browning

Edmondson

Hill

Riviere

Wallace

Clay

Fitzpatrick

Harvey

Rather

Winston

Coleman

Fitz

Jones

Skinner

Young- 30

Ordered, That the House disagree to the sixth amendment made by the select committee to said bill.

Mr. Davis offered the following amendment:

"Sec.  And be it further enacted, That so much of the aforesaid act as makes it the duty of the Judges of the county courts in this state, to commit administration to the sheriff or coroner in certain cases therein designated, shall be taken and strictly construed, so as to attach the said administration to the office of sheriff or coroner, and not to the person," which amendment was adopted.

Mr. Davis moved further to amend said bill, by adding thereto the following section:

"Sec.  And be it further enacted, That so much of an act to which this is an amendment, as requires Judges of the county courts to give bond and security for the performance of the duties required of them, be, and the same is hereby repealed;" which said amendment was lost.

The said bill was then further amended.  Ordered, that said bill be read a third time to-morrow.

On motion of Mr. Sanders, Resolved, that no new business shall be received in this House after Monday next.

Mr. Hallett obtained leave to introduce a joint resolution, authorizing commissioners to establish a road leading from the city of Mobile, to the line of the State of Mississippi; which was read a first time, and ordered for a second reading to-morrow.

Bills of the following titles, to wit: "An act for the relief of Robert H. Gregg, late tax collector of Wilcox count;" and

"An act for the relief of John Barron, late sheriff of Clarke county;" were severally read a second time, and ordered to be engrossed for a third reading to-morrow.

Ordered, That this House concur in the amendments made by the Senate, to the bill, entitled "an act to compel clerks of the Circuit and County Courts, to give bond and security within the time therein prescribed."

Resolutions from the Senate, instructing our Senators, and requesting our Representative in Congress to procure the passage of a law imposing a tonnage duty on all vessels coming into the port of Mobile, were read a first time and ordered to be read a second time to-morrow.

On motion of Mr. Pope, Resolved, that the Senate and House of Representatives convene in the Representative Hall on Friday next, at 3 o'clock P.M. for the purpose of selecting an eligible site for the university.

Mr. Oliver obtained leave to introduce a bill, to be entitled 'an act to


110

alter the mode of proceedings in the courts of law and equity in this state;' which was read a first time, and ordered to be read a second time to-morrow.

The House then adjourned till three o'clock this evening.

Evening Session.

Mr. Harris, of Wilcox, laid before the House sundry accounts; which were referred to the Committee on Accounts.

Ordered, that the House agree to the amendments made by the Senate to a bill, entitled '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 and the town of Blakeley,'

Bills of the following titles, to wit:

"An act to establish a certain road therein named;" and

"An act to amend an act, entitled an act to regulate the rate of interest, passed Dec. 17th, 1819;" were severally read a second time, and ordered to be engrossed and be read a third time to-morrow.

A bill, to be entitled 'an act to make appropriations for the payment of certain claims against the state,' was read a second time, and recommitted to the Committee on Accounts.

Bills from the Senate, of the following titles, to wit:

"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 retain spiritous liquors;"

"An act to authorize a change of venue in chancery causes in certain cases;"

"An act to alter the mode of drawing Grand and Petit Jurors;"

"An act to authorize the administrators of John Lucas, and the administrators of John Waugh, deceased, to sell real estate;"

"An act to prescribe the mode of certifying executions from Justices of the Peace from one county to another;" "An act in relation to mortgaged property;" were severally read a first time, and ordered to be read a second time to-morrow.

A message was received from the Senate, by Mr. Bibb, informing this House, that they concur in the Resolution of this House proposing to go into the election of Comptroller and State Treasurer on Friday next, at 4 o'clock P.M.

A bill to be entitled "an act to amend the several acts in relation to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act," was ordered to lie on the table.

Mr. Morton obtained leave to introduce Resolutions relative to the dividing line between this State, and the State of Georgia; which were read a first time, and ordered to be read a second time to-morrow.

A bill, to be entitled "an act for the relief of securities;" was read a second time, and referred to a select committee, consisting of Messrs. Jack son, Gayle, and Williams.

An engrossed bill, entitled "an act to provide for the emancipation of slaves," was read a third time,

And the question being put, Shall this bill pass?  it was decided in the affirmative.

Yeas 33                   Nays 18


111

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

Mr. Adair

Davis

Hubbard

Montgomery

Taylor

Browne

Edmondson

Hardwicke

Norwood

Wallace

Crenshaw

Fitz

Hill

Oliver

Winston

Clay

Ford

Jackson

Pope

Williams

Coleman

Gayle

Leake

Rutherford

Young- 33

Dulaney

Harris, of W.

Mead

Riviere

Durrett

Hunter, of T.

Merriwether

Skinner

Those who voted in the negative, are,

Mr. Speaker

Barclay

Jones

McClung

Terrell

Abercrombie

Browning

Kennedy

Rather

Weissinger- 18

Adams

Hunter, of Con.

Morton

Shortridge

Bailey

Hallett

Martin

Sanders

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.

A bill, to be entitled "an act to authorize the Judge of the County Court and the Commissioners of Roads and Revenue for Butler County to levy a county tax, & for other purposes therein mentioned," was read a second time and ordered to be engrossed for a third reading to-morrow.

A bill, to be entitled "an act to revise, consolidate and amend the several acts relative to the Militia of this State," was read a second time, and recommitted to the Military Committee.

The House then adjourned till tomorrow morning 9 o'clock.