Monday, 16th December, 1822.

The senate met pursuant to adjournment.

Mr. Moore presented the petition of sundry inhabitants of Hazlegreen, in Madison county, praying the passage of a law authorizing a lottery for the purpose of building a Masonic hall in said town; which was read and referred to a select committee, consisting of Messrs. Moore, Hopkins, and McVay.

Mr. Moore also presented the petition of sundry inhabitants of Limestone county, praying the incorporation of a company, to improve the navigation of Limestone river, in said county; which was read and referred to a select committee, consisting of Messrs. Moore, McCamy and Powell.

Mr. Murphy presented the petition of James Magoflin, Esquire, claiming a seat in the Senate, from the district formed of the counties of Wilcox and Clarke, in the stead of Neal Smith, returned duly elected from said district; which was read and referred to the committee on privileges and elections.

Mr. McCamy presented the petition of sundry inhabitants of Jackson county, praying the general assembly to memorialize Congress upon the subject of Indian reserves in said county; which was referred to a special committee, consisting of Messrs. McCamy, Murphy and Hopkins.


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Mr. Hopkins from the judiciary committee, who were instructed to prepare and report a bill, to establish and regulate justices courts, reported a bill, to be entitled ‘an act to establish and regulate justices courts in this state;’ which was read the first time.

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

A message was received from the Governor by J. J. Pleasants, Esq. secretary of state, informing the Senate, that he did on the 14th instant approve and sign, ‘an act concerning intestates’ estates;’ and ‘an act to authorize Rosanna Lambkin and Elijah Hogan to convey to Isaac Jackson, a certain tract of land therein named.’

The following communication was also received from the Governor by J. J. Pleasants, Esq. secretary of state:

Executive Department, Dec. 14, 1822.

Gentlemen of the Senate:- In compliance with the resolution of the Senate requesting information relative to the vacancy in the office of Major General of the 4th division of the militia of this state, together with the cause thereof, I have the honor to observe, that on my entrance into this department, I found the proceedings of a court marshal which had been held at Claiborne, for deciding a contested election for the officer alluded to in the resolution of the Senate, in which the election was decided to be illegal. These proceedings had been for some time before the late acting Executive and were left by him without being determined upon.

It may be therefore readily imagined, that the difficulties of the case which had so long suspended the decision of my predecessor and eventually devolved upon me, would require from me much consideration. The result of the consideration was made known by the Executive General Order of the 20th December, 1821, heretofore published. By that order, it will appear that, among the causes for not approving the decision of the court was the ground that the Court was not constituted according to the statute under which it was authorized; and therefore, that its decision was void. The general order before mentioned was directed to the Adjutant General to derect a general court matial to be holden in the manner prescribed by law, for making the decision; leaving without restriction, to that officer, the selection and detail of the members of the court.  Such court has been holden and its proceedings and decision have been recently returned to this department.  All the reflection has been given to the subject which a regard to other duties would permit.

The result has been set forth in the general order of the 13th instant, which is prepared for publication, of which a copy is herewith accompanied.

This explanation with the accompanying document will, it is presumed, furnish all the information requested by the Senate.  The proceedings of the two courts martial though somewhat voluminous as well as all general and special orders respecting the same, will be furnished, should such be desired by the Senate.

I have the honor to be, your most obedient,

ISRAEL PICKENS.

Ordered, that said communication together with the accompanying documents, be referred to the military committee.

Mr. Sullivan the select committee, to whom was referred so much

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of the Governor’s message as relates to the loan from the Tombeckbe bank, reported 'a resolution concerning the loan from the Tombeckbe bank;’  which was read the first time.

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

Mr. Sullivan, from the special committee, appointed to examine into the situation of the state arsenal and the public arms therein, reported that said committee have, according to order, performed that duty, and beg leave to report, that they find one hundred and thirty-five stand of arms and bayonets in order fit for use; and thirty eight stand of arms and bayonets, in bad order, making a total of one hundred and seventy-three stand in the arsenal.  Seventy stand of which are ordered by His Excellency to be sent to Fort Claiborne. The Quarter-master General informed your committee, that there were sixty stand of arms and bayonets in the hands of the Cahawba Guards. Those in bad order are among the number selected by the Quarter-master General to send to Fort Claiborne. The arsenal is dry and in good order.

They also report a resolution concerning the keeping in good order the public arms; which was read the first time.

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

Mr. Armstrong from the select committee, to whom was referred the petition of sundry inhabitants of Mobile, reported a bill, to be entitled ‘an act to authorize the judge of the county court of Mobile county, to appoint a public weigher for the city of Mobile;’ 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 Message from the House of Representatives, by Mr. Mead, a member thereof, informing the senate that they had read a third time and passed

'An act to reduce the fees of certain officers therein named;' in which they desire the concurrence of the senate.

Said bill was read the first time.

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

Mr. Crabb obtained leave to introduce a bill, to be entitled ‘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 November 1820;’ 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. Sullivan obtained leave to introduce a bill, to be entitled ‘an act to amend and reduce into one act the several acts concerning forcible entries and detainer;’ 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 from the House of Representatives, to be entitled ‘an act to granting to John Fowler the right of running a steam ferryboat, and a row boat or sail boat, between the city of Mobile and the town of Blakeley,’ was read the second time.

Mr. Armstrong moved to strike out all of the fifth section of said bill after the word ‘carrying’ and insert the following ‘any person or persons, good or chattels, free of ferriage, no charge in such case being


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made either directly or indirectly by the party so transporting any person or persons, goods or chattels;’ which was decided in the affirmative.

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

A bill from the House of Representatives, to be entitled ‘an act concerning recognizances,’ was read the second time.

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

A bill, entitled ‘an act to establish a Turnpike Road leading from Lawrence county to intersect the military road at Pikesville, in Marion county;’ was read a second time.

Ordered, that said bill be committed to the committee on roads, bridges and ferries, to examine and report thereon.

Mr. Moore offered the following resolution. 'Resolved, that the comptroller of public accounts, be, and he is hereby requested to lay before the senate, a statement showing the amount of money which has been vested in the town council of Cahawba by the fourth section of an act authorizing the collection of toll, at the Cahawba bridge, passed on the 16th day of June, 1821, together with all the information in his possession, relating to the rents of the ferries within the town of Cahawba; and the rents of the reserved lands adjacent to said town, since the passage of said act;’  which was adopted.

Mr. Bibb obtained leave to introduce a bill, to be entitled ‘an act to authorize Jacob Dust to emancipate a female slave therein named;’ 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. Armstrong obtained leave to introduce a bill, to be entitled ‘an act to authorize the judge of the county court of Mobile county to take possession of the Spanish records;’ 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 from the House of Representatives, to be entitled ‘an act permanently to fix the seat of justice for the counties of Tuskaloosa and Perry, passed 27th November 1821,’ was read the second time.

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

A bill, to be entitled ‘an act to authorize the sale of lots relinquished in the town of Cahawba, under an act of the 21st November 1821,’ 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 Wednesday next.

Engrossed resolutions instructing our Senators, and requesting our Representatives in Congress 'to procure the passage of a law imposing a tonnage duty on all vessels coming into the port of Mobile,’ was read the third time and passed.

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

On motion of Mr. Metcalf, the bill entitled, ‘an act for the relief of Robert Goyle,’ was taken up.

Ordered, that said bill, together with the accompanying documents be recommitted to the committee on propositions and grievances.

Mr. Shackleford, from the committee appointed to lay off the state into Congressional Districts made the following report.


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“The committee appointed to lay off the state into Congressional Districts --  report, that should the state be allowed three representatives under the conditional act of Congress, the following counties shall compose said districts:

The first District to be composed of the counties of Madison, Jackson, Decatur, Limestone, Lauderdale, & Lawrence.  The second district to be composed of the counties of Morgan, Franklin, Marion, Pickens, Tuscaloosa, Jefferson, Bibb, Autauga, Perry, Shelby, Greene, Blount and St. Clair: And the third district to be composed of the counties of Mobile, Washington, Clarke, Monroe, Wilcox, Butler, Conecuh, Henry, Covington, Pike, Montgomery, Dallas, Baldwin and Marengo.

The committee further report, that should the state be allowed only two representatives, the following counties shall compose said districts- The first district to be composed of the counties of Madison, Jackson, Decatur, Limestone, Lauderdale, Lawrence, Morgan, Franklin, Marion, Pickens, Jefferson, Blount and St. Clair: And the second district to be composed of the counties of Tuscaloosa, Bibb, Green, Perry, Shelby, Autauga, Marengo, Baldwin, Dallas, Montgomery, Henry, Covington, Pike, Conecuh, Butler, Wilcox, Monroe, Clarke, Washington, and Mobile.

JACK SHACKLEFORD, Chairman.

Ordered, that said report be laid upon the table.

On motion of Mr. Casey, the bill to be entitled ‘an act to compel clerks of the circuit and county courts to give bond and security within the time therein prescribed;’ was taken up, and read the third time.

Mr. Casey offered an amendment to said bill by way of rider, compelling sheriffs to give bond and security for the faithful performance of the duties of their office;’ which was read three several times and adopted.

Mr. Moore offered an additional section to said bill, by way of rider, which was read three several times and adopted.   Said bill was then passed as amended.

Ordered, that the Secretary notify the House of Representatives thereof, and desire their concurrence in the amendments made thereto.

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