Tuesday, 10 Dec. 1822.

The Senate met pursuant to adjournment.

Mr. Bibb presented the petition of Henry Lucas and Walter B. Lucas, administrators of John Lucas, deceased, praying the passage of a law authorizing them to sell certain real estate; which was read and referred to the committee on the judiciary.

Mr. Bibb, from the committee on propositions and grievances, to whom was referred the petition of Neal Patterson, reported, ‘that it is inexpedient to grant the prayer of the petitioner.  They recommend he passage of a law making provisions for the payment of witnesses in criminal cases;’ which was concurred in.

Mr. Bibb, from said committee, to whom was referred the petition of Thomas Philips, reported, that while said committee commiserate the misfortune of the petitioner, they yet consider that his loss is one, to which every individual in the community is liable when engaged in the discharge of public duties; and that it is inexpedient to grant him the compensation asked for.  Your committee believe it would be infringing on the rights of the state at large, to draw on its treasury for compensa-


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tions, or remunerations which it would seem were only due from the county in which such accidents may occur.

On motion of Mr. Moore, Ordered, that said petition be referred to a select committee. Messrs. Moore, McVay and Murphy were appointed said committee.

A message from the House of Representatives by Mr. Dodson their clerk:

Mr. President and Gentlemen of the Senate:

I am instructed by the House of Representatives to inform your honorable body, that they have read a third time and passed, bill originating in this house, of the following titles, to wit:

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

‘An act to alter and extend the boundaries of Wilcox county;’ in which they desire your concurrence.

Pursuant to a resolution of yesterday, the House of Representatives also herewith transmits to the senate a copy of the memorial of the trustees of the University of Alabama to the General Assembly of this state.

A Message from the House of Representatives by Mr. Davis, a member thereof;

Mr. President and Gentlemen of the Senate:

In am instructed by the House of Representatives to inform your honorable body, that they concur in the amendment made by your honorable body, to bills of the following titles, to wit:

‘An act the better to secure debts upon writs of error;’ and

‘An act to manumit certain slaves therein named,’

A message from the Governor, by J. J. Pleasants, esq. secretary of State.

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

I have received the resignation of John Mosely, esq. judge of the county court of Lawrence county.  I have also received the resignation of John M. Chapman, judge of the county court of Covington county.

ISRAEL PICKENS.

Mr. Casey, from the committee on roads, bridges, and ferries, to whom was referred, the bill, to be entitled; 'an act to vest in S. B. Shields his heirs and assigns, the exclusive right to a ferry on the Tombeckbe river, in the county of Clarke, at, or near the town of Jackson in said county;’ reported the same as amended; which was concurred in.

Mr. Casey, from said committee, to whom was referred a bill to be entitled ‘to authorize Brice M. Garner to build a certain toll bridge therein named,’ reported, that it is inexpedient to pass said bill.

Ordered, that said report lie on the table.

Mr. Casey, from said committee, to whom was referred a bill to be entitled ‘to authorize David Peobles to continue a toll bridge erected over the Escambia Creek in the county of Conecuh,’ reported the same without amendment.

Ordered, that said bill be made the order of the day for a third reading on to-morrow:

Mr. Casey, from the said committee, to whom was referred the petition of sundry inhabitants of St. Clair county, reported, that the prayer of the petitioners is unreasonable and ought not to be granted.

Ordered, that said report, lie on the table.


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Mr. Casey, from said committee, to whom was referred the bill, to be entitled ‘an act to exempt the citizens of the town of Selma from working on public roads beyond the limits of said town,’ reported said bill without amendment.

Mr. Wood moved, that the further consideration of said bill be indefinitely postponed; which was decided in the affirmative.

Yeas

12

Nays

7.

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

Mr. President

Coats

McCamy

Metcalf

Sullivan

Armstrong

Crabb

McVay

Murphy

Wood- 12.

Bibb

Hopkins

Those who voted in the negative, are,

Mr. Casey

Devereux

Powell

Shackleford

Smith- 7.

Conner

Moore

Mr. Murphy, from the special committee to whom was committed the bill, to be entitled ‘an act to manumit a negro woman slave, Margaret and her children,’ reported the same with an amendment; which was concurred in.

Ordered, That said bill be made the order of the day for a third reading on to-morrow.

Mr. Hopkins, from the judiciary committee, to whom was referred the bill, to be entitled ‘an act for the payment of jurors in the circuit courts of this state,’ reported the same with an amendment; which was concurred in.

Ordered, That said bill be engrossed, and made the order of the day for a third reading on to-morrow.

Mr. Hopkins from the same committee, to whom was referred the bill, to be entitled ‘an act to exempt those from the payment of a state tax, who have not resided in the state twelve months;’ reported that is inexpedient to pass said bill; which was concurred in.

Mr. Moore from the committee on enrolled bills; reported, that said committee had examined the following acts and found the same duly enrolled, to wit:

‘An act to authorize the administrators of William Ellis, deceased, to sell certain real estate therein named;’

‘An act to suppress the evil practice of fire-hunting;’

‘An act divorcing Robert Bransford from his wife Jane Bransford;’

‘An act to incorporate the Huntsville fire engine company;’

‘An act for the relief of purchasers of lots at the first sale in the town of Cahawba;’

‘An act to organize the counties of Covington and Pike;’

‘An act to incorporate the town of Asheville, in the county of St. Clair;

‘An act for the relief of Henry Stokes, and others;’ and

‘An act to authorize the administrator and administratrix of John Ellis, deceased, to sell and convey certain real estate;’ which were accordingly singed by Mr. President.

A message was received from the House of Representatives by Mr. Dodson, their clerk, informing the Senate, that they had read a third time and passed, a bill originating in this House, entitled ‘an act concerning intestates’ estates;’

Mr. Powell obtained lave to introduce a bill, to be entitled ‘an act in relation to mortgaged property;’ which was read the first time.

Ordered, that said bill be made the order of the day for a second reading on to-morrow.


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Mr. Moore obtained leave to introduce a bill, to be entitled ‘an act to authorize a change of venue in chancery causes in certain cases;’ which was read the first time.  Ordered, that said bill be made the order of the day, for a second reading on to-morrow.

Mr. Hopkins, from the judiciary committee, to whom was referred a bill to be entitled ‘an to enforce the payment of money collected by officers of courts,’ reported the same without amendment.

Ordered, that said bill be engrossed, and made the order of the day for a third reading on to-morrow.

Ordered, that Mr. Metcalf be added to the committee on roads, bridges and ferries.

A bill from the House of Representatives, to be entitled ‘ to alter and extend the boundaries of Wilcox county,’ was read the first time.

Ordered, that the same be made the order of the day, for a second reading on to-morrow.

A bill from the House of representatives, to be entitled ‘ for the trial of the right of property, taken by virtue of an execution or attachment, and claimed by any person not a party to the suit;’ was read the first time.

Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A Memorial of the Trustees of the University, was read, and ordered to be laid on the table.  Ordered, that one hundred copies of said memorial be printed.

Mr. Wood obtained leave to introduce a bill, to be entitled ‘an act to prevent grand jurors from being required to present every frivolous assault and battery case that may come within their knowledge;’ which was read the first time.

Ordered, That said bill be made the order of the day, for a second reading on to-morrow

A bill, to be entitled ‘an act for the regulation of assessors and tax collectors, so far as relates to the payment of money,’ was read the second time. Ordered, that said bill be committed to a committee of the whole house, and made the order of the day for to-morrow.

A message was received from the House of Representatives, by Mr. Dodson, their clerk, informing the Senate, that they had read the third time and passed a bill, to be entitled ‘an act to repeal in part the statute of limitations in criminal cases.’  Said bill was read the first time.

Ordered, That the same be made the order of the day, for a second reading on to-morrow.

A bill to be entitled ‘an act to alter the times of holding courts in the first judiciary circuit,’ was read the second time.  Ordered, that said bill be referred to the committee on the judiciary to examine and report thereon.

A bill, to be entitled ‘an act providing for the election of sheriffs in certain cases, and for other purposes,’ was read the second time. Ordered, that said bill be referred to the judiciary committee to examine and report thereon.

A bill from the House of Representatives, to be entitled ‘declaring certain roads therein named public roads, until otherwise directed by law,’ was read the second time.  Ordered, that said bill lie on the table.

A bill from the House of Representatives, to be entitled ‘an act to

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amend an act incorporating the town of Erie,’ was read the third time and passed.  Ordered, that the House of Representatives be informed thereof.

Mr. Casey presented the petition of the administrators of John Waugh deceased, praying the passage of a law, authorizing them to sell certain real estate.  Ordered, that said petition be referred to the committee on the judiciary.

An engrossed bill, to be entitled ‘an act to authorize Nicholas Pope to emancipate a certain slave therein named,’ was read the third time and passed.  Ordered, that the title be ‘an act to authorize Nicholas Pope to emancipate a certain slave therein named;’ and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, to be entitled ‘an act for the relief of James Mixon,’ was read the third time and passed.

Yeas

14

Nays

5

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

Mr. President

Coats

Hopkins

Moore

Smith

Armstrong

Crabb

McCamy

Murphy

Wood- 14.

Casey

Deveraux

McVay

Shackleford

Those who voted in the negative, are,

Mr. Bibb

Conner

Metcalf

Powell

Sullivan- 5.

Ordered, that the title of said bill be ‘an act to refund to James Mixon a sum of money improperly assessed and collected;’ and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, to be entitled ‘an act giving execution for costs in the supreme court,’ was read the third time and passed.

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

On motion, the Senate adjourned until to-morrow morning 10 o’clock.