Wednesday, December 18.

The Senate met pursuant to adjournment.

Mr. Murphy from the committee on schools and colleges and school and college lands to whom was committed the bill to be entitled ‘an act for the payment of the commissioners of seminary lands in the county of Perry for the years 1821 and 1822,’ 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. Casey, from the committee on roads, bridges, and ferries to whom was referred a bill entitled ‘An act to establish a turnpike road leading from Lawrence county to intersect the military road at Pikesville in Marion county;’ reported the same with sundry amendments, which were concurred in.

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

Mr. Murphy from the committee on schools and colleges and school and college lands to whom was referred the petition of sundry inhabitants of Madison county, praying such alteration of the laws as may give to the inhabitants of the several townships in this state a more equal and impartial distribution of the funds arising from the 16 sections, reported that they have had the same under serious consideration, and find that by the exiting laws, the agents are required to establish schools in the townships wherever the convenience of the inhabitants, and the equal and beneficial distribution of the funds may require.- That the hardships which may occur, must result from the injudicious arrangements of the agents or from peculiar local circumstances which the agents are unable to control. In the one case the people have it in their own hands, because they appoint their agents, and can change them, in the other, no legislative provision would probably be effectual.  Your committee are therefore of opinion that the existing laws in the present situation of the country, are sufficient in the case.

(Signed)           J. MURPHY, Chairman.

Mr. Moore moved, that the senate disagree to said report; which was decided in the negative.

Mr. Murphy, from said committee, to whom was referred the petition of sundry inhabitants of Perry county, praying an extension of their leases made the following report.

That they have had the same under consideration, and are of opinion that as any interference in the case on the part of the General Assembly would effect the rights of the township, arising under the lease taken by the parties, it is inexpedient to grant the prayer of the petitioner; which was concurred in.

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

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, bills and memorial originating in this house, of the following titles, to wit:

‘An act authorizing pay to the Trustees of the State University for their services;’


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‘An act to raise a revenue for the support of Government for the year 1823;’ and

'A memorial to the Congress of the United States, on the subject of treating with the Cherokee Indians for a cession of a part of their territory;’ in all of which they desire the concurrence of your honorable body,

Mr. Hopkins, from the judiciary committee, to whom was referred a resolution of the senate, concerning stray laws, reported a bill, to be entitled ‘an act amendatory of the laws, now in force concerning strays;’ 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 said committee, to whom was referred a bill, to be entitled ‘an act for the regulation of assessors and tax collectors so far as the same relates to the payment of money,’ reported the same with sundry amendments, which were concurred in.

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

A memorial from the House of Representatives, of the Legislature of the State of Alabama, to the Senate and House of Representatives of the United States, was read the first time.

Ordered, that said memorial 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 authorizing pay to the Trustees of the State University for their services,’ 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, entitled ‘an act to raise a revenue for the support of government for the year 1823,’ was read the first time.

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

On motion of Mr. Armstrong, the bill to be entitled ‘an act to alter the times of holding courts in the first judicial circuit,’ was taken up.

Ordered, that said bill be engrossed and 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 provide for compensating witnesses in criminal 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. Armstrong obtained leave to introduce a bill, to be entitled ‘an act for the more easy obtaining testimony;’ 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. Powell offered the following resolution: ‘Resolved, that the committee on schools and colleges and school and college lands, be instructed to inquire into the propriety of so altering the law providing for the appointment of agents of the sixteenth sections in this state, as to authorize the agents thereof, to enter into bonds before, and be qualified by, justices of the peace in certain cases; and to shorten their term of service;’  which was adopted.

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Mr. Murphy moved, that the bill, entitled ‘an act to prevent frivolous and vexatious law suits,’ be returned to the House of Representatives for correction: which was decided in the affirmative.

Mr. Casey obtained leave to introduce a bill, to be entitled ‘an act to amend and repeal in part the several acts concerning roads & c.’ 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 in relation to the securities of sheriffs, clerks, and other officers;’ which was read the first time.

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

On motion of Mr. Conner, the bill to be entitled, ‘an act repealing an act making an appropriation to Col. Samuel Dale,’ was taken up.

On motion of Mr. Crabb, Ordered, that said bill be committed to a special committee to examine and report thereon.

Whereupon, Messrs. Crabb, McVay and Moore, were appointed.

The following communication was received from His Excellency the Governor, by J. J. Pleasants, esq. secretary of State, which was read, and is as follows:

Executive Department, Dec. 16, 1822.

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

The act of Congress passed at the last session, providing for the payment to 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 land 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 this fund. I submit whether the State Treasurer may not be a suitable agent to be designated to that trust: being required to set it apart in the treasury, subject only, to specific 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 possibly may suspend it for some time: concerning the situation of which I hoped before this time to have been able to lay before you the statement of the Treasury Department.

The fund in question 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 our 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 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 appropriation will be necessary to open certain sections of those roads lying out of the reach


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of settlements; a comparatively small sum may answer this purpose, being prudently employed in the hire of working hands by the 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 otherwise introduced, should be employed in this species of services, under suitable agents, until otherwise disposed of according to law.

I have the honor to be, your most obedient,

ISRAEL PICKENS.

Ordered, that said communication be referred to the select committee appointed on so much of the Governor’s message as relates to the three per cent fund.

Mr. President laid before the Senate the following communication from the Comptroller of Public accounts:

Comptroller’s Office, Dec. 18, 1822.

Sir, In obedience to a Resolution of the Senate, requesting the Comptroller of public accounts to lay before that body, 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 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 bill, I have the honor to state, that the rents transferred to the town council of Cahawba, from this office in pursuance of said act, amounted to $1404. The commissioners having made no returns of the rents of the ferries and reserved lands, since the passage of the act of June 1821. I am not in possession of any information whatever in relation to those rents.

I am very respectfully, your most obedient servant,

(Signed)           SAMUEL PICKENS, Comptroller.

The Hon. NICHOLAS DAVIS, President of the Senate.

Ordered, that said communication be laid upon the table.

On motion of Mr. Murphy, the bill to be entitled ‘an act to amend an act passed Dec. 17, 1821,’ was taken up.

Said bill was then read the third time and passed.

Ordered, that the title of said bill, be ‘an act to amend the act passed 17th Dec. 1821, entitled an act to appoint commissioners to lay our certain roads therein specified, and for other purposes,’ and that the same be sent to the House of Representatives for their concurrence.

Mr. Metcalf obtained leave to introduce a bill to be entitled ‘an act changing the name of Big-spring in Franklin county;’ which was read the first time.

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

The senate according to order, resolved itself into a committee of the whole, on the bill, to be entitled, ‘an act authorizing the sale of lots relinquished in the town of Cahawba, under an act of the 21st November 1821,’ Mr. Moore in the chair; and, after some time spent in the consideration thereof, the committee rose, and Mr. Moore reported the same as amended;’ which report was concurred in.

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


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On motion the senate adjourned till 3 o’clock.

Evening- 3 o’clock.

The Senate met pursuant to adjournment.

Resolutions proposing to the people of Alabama, changes in the constitution of this state therein mentioned, were read the second time.

Ordered, that said resolutions be committed to a committee of the whole house, and made the order of the day for to-morrow.

A bill, to be entitled ‘an act for the relief of the tax collectors of Limestone and Madison,’ was read the second time.

Mr. McVay moved to amend said bill by inserting the word ‘Lauderdale’ between the words ‘Limestone and’ in said bill; which motion was decided in the affirmative.

Mr. McCamy offered an additional section as an amendment to said bill; which was adopted.

Mr. Moore offered an additional section as an amendment to the said bill; which was adopted.

Mr. Conner offered the following resolution: ‘Resolved, by the Senate that no new business shall be introduced in this House after the 21st instant.

Mr. Smith moved to amend said resolution by adding the words ‘of a private nature’ at the end thereof; which was lost.

The question was then put on the adoption of said resolution, and decided in the affirmative.

A bill, to be entitled ‘an act to divide the state into districts for electing representatives to congress,’ was read the second time.

Mr. Powell moved to amend said bill, by striking out ‘Pickens county’ and inserting it after ‘Tuskaloosa’ in the 11th section of said bill so as to place said county in the southern district;’ which was decided in the affirmative.

Mr. Armstrong moved to amend said bill, by inserting the words ‘to be called ‘the northern district’ after the words ‘Lauderdale, Lawrence &c.’ and by inserting the words ‘to be called the middle district’ after the words ‘Perry, Greene, Marion &c.’ and by inserting the words ‘to be called the southern district ‘after the words ‘Mobile, Baldwin &c.’ which was decided in the affirmative.

Mr. Moore moved to amend to said bill, by striking out ‘Lawrence’ from the northern district, and inserting ‘Morgan and Blount,’ in lieu thereof; which was decided in the negative.

Mr. Bibb moved to amend said bill, by transferring Autauga county to the Southern district, and Marengo to the middle district; which was decided in the negative.

Yeas

6

Nays

12.

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

Mr. Bibb

Devereux

McVay

Coats

McCamy

Metcalf- 6.

Those who voted in the negative, are,

Mr. President

Crabb

Murphy

Smith

Armstrong

Hopkins

Powell

Sullivan

Casey

Moore

Shackleford

Wood- 12.

Mr. Casey offered an amendment to the 11th section of said bill, by striking out all after the word ‘who’ and inserting the following, ‘has not been a resident of the district                months previous to his election;’ which was rejected.


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

An engrossed bill to be entitled ‘an act to authorize the judge of the county court of Mobile to take charge of the Spanish records,’ 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.

An engrossed bill to be entitled ‘an act to authorize Jacob Dust to emancipate a female negro slave therein named,’ 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.

An engrossed bill, to be entitled ‘an act to appoint commissioners to lay out two roads from the ford of Line-creek; the one to Coffeeville; the other to Tuscaloosa,’ 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.

An engrossed bill, to be entitled ‘an act authorizing the Judge of the county court of Mobile county, to appoint a public weigher for the city of Mobile,’ was read a third time.

Mr. Powell offered the following amendment to said bill, by way of rider:

Provided that nothing in this act contained, shall be intended to force persons to have their cotton and other produce weighed by the aforesaid weigher, or have damages thereon assessed, unless they shall think proper so to do;’ which was read three several times and adopted.

The bill was then 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.

An engrossed 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;’ 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.

A resolution for the relief of Anderson Crenshaw, was read the second time, amended, and ordered to be engrossed for a third reading on to-morrow.

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