Thursday, Dec. 19, 1822.

The Senate met pursuant to adjournment.

Mr. Bibb, from the committee on propositions and grievances, to whom was referred the petition of sundry inhabitants of Butler county, praying representation in the General Assembly of this state, reported, that no evidence has been laid before your committee showing that the population of said county was, at the time of taking the last census, equal to the ratio established by law, to give the right to a representative. they therefore, think it inexpedient to pass a law giving a representative to said county at present; which was concurred in.

Mr. Wood from the committee on county boundaries to whom was referred a bill, entitled ‘an act to alter and extend the boundaries of Wilcox county;’ reported the same without amendment.

Ordered that said bill be recommitted to said committee.


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Mr. Murphy obtained leave to introduce a bill, to be entitled ‘an act to increase the compensation of certain commissioners appointed by an act entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes,’ passed 17th Dec. 1821. Ordered that the said bill, be read a third time to-morrow.

Message from the House of Representatives by Mr. Davis:

Mr. President- I am instructed by the House of Representatives, to inform your honorable body, that they have adopted the following resolution: ‘Resolved, that with the concurrence of the Senate, the two houses will convene in the Representative Hall, on Friday next at the hour of 4 o’clock, P.M. for the purpose of electing a Comptroller of Public Accounts and a State Treasurer.’ In which they desire the concurrence of your honorable body.

Mr. Hopkins from the joint committee appointed to examine the manuscript copy of the Digest of the laws of this state, compiled by the Hon. Harry Toulmin, made the following report: The joint committee of both houses, to whom was referred a joint resolution, directing them to examine the manuscript digest of the statute laws of this state, by Harry Toulmin, Esq. report: That they have read and examined the digest of the statute laws prepared by Harry Toulmin under an appointment of the last legislature, and find that the statute laws of this state are digested by him with accuracy, correctness, and with much ability; the arrangement of the different acts under their proper heads meets the approbation of your committee: and they are of the opinion that the plan of the present digest is far superior to that of the late Mississippi digest now in use in this state, Convinced as your committee are, of the correctness and importance of the present work and that the public good loudly calls for a work of its character and description, and aware of the very great scarcity of the Mississippi digest and that in many parts of our state it is almost impossible to know what the law is, your committee beg leave to report a bill concerning the said digest. The bill was read the first time. Ordered, to be read a second time on to morrow.

Mr. Smith obtained leave to introduce a resolution for the encouragement of domestic manufactures. Ordered, that said resolution be read a second time on to morrow.

Mr. Bibb offered the following resolution: Resolved that the commissioners of the land reserved for the town of Cahawba, be required to lay before the Senate, a statement of the amount paid, or now due for digging down the ferry landing opposite first North and Arch streets in said town: which was adopted.

Mr. McCamy obtained leave to introduce a bill, to be entitled ‘an act the better to designate the line between the counties of Jackson and Decatur. Ordered, that the said bill be read the second time on to-morrow.

On motion of Mr. Conner, the petition and report, made by the committee on propositions and grievances on the case of Arnold Thomason and Austin Hood was taken up, and recommitted to said committee.

Mr. Crabb, from the special committee to whom was referred the bill, to be entitled ‘an act repealing an act making an appropriation to Colonel Samuel Dale;’ reported, That they have had the same under consideration, and after giving the subject that deliberation to which it is entitled from the meritorious services of the distinguished individual involved in it, your committee do not hesitate to say that they highly approve the grateful feelings expressed by the General Assembly to colonel Samuel


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Dale, at their last session for the meritorious services rendered by him to this state in the early settlement of the country, at a time when the United States were engaged in a war with a merciless and savage enemy whose acknowledged mode of warfare consigns alike to the tomahawk and scalping knife the helpless and unoffending of all ages and sexes; and whilst they acknowledge the claims of colonel Samuel Dale to the gratitude and highest regard of the citizens of this state, your committee appreciate his exploits in the defense of his country, which for its gallantry it was never probably surpassed, and which has already enlisted the canvass and the pencil and at no distant day will brighten the page of American history with acts of benevolence and patriotism which have never been surpassed in any age or country.

Your committee are sensible that Col. Samuel Dale has just claims to the gratitude of his country from these and many other considerations, and your committee in recommending a repeal of the law which was passed the last session of the General Assembly, allowing a pension to Col. Samuel Dale are sensible of the difficulty which they have to escape the censure of ingratitude which has been too often a stigma on republics; but they have to remark that it appears to your committee that no precedent is more dangerous in government than the establishing of a pension list, from the great number of indigent individuals who have distinguished themselves in this and many other state encouraged by the example, would it is believed, throw themselves upon the bounty of their respective State, and while it is acknowledged that none could be found whose services were more useful than Col. Samuel Dale’s; yet it is believed that many could be found whose pecuniary situation is more desperate, who are highly deserving, and to whom it would not be good policy to extend the like favors. The public is a treasure is a fund drawn alike from the poor and rich, and never was designed for charitable purposes; and as this was a donation given without the request or solicitation of Col. Samuel Dale, it is believed by your committee that it cannot be considered a reflection on the merits or worth of that distinguished individual to withdraw it; as it is believed by your committee that the expression of the lively sense in which the services of Colonel Samuel Dale are held by his fellow citizens (which we are bound to say has not nor never can be diminished) is far more grateful to the feelings of this hero than any pecuniary reward which can be given. They therefore beg leave to report the bill as amended. The question was then put on concurring in the amendments made by the committee to the said bill, and decided in the affirmative.

Mr. Bibb moved, that the further consideration of said bill, be postponed until the 1st day of June next; which was decided in the negative.

Yeas

9

Nays

10.

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

Mr. President

Bibb

Devereux

Murphy

Smith- 9.

Armstrong

Casey

Hopkins

Shackleford

Those who voted in the negative, are,

Mr. Coats

Crabb

McVay

Moore

Sullivan

Conner

McCamy

Metcalf

Powell

Wood- 10.

Mr. Armstrong moved to strike out so much of the bill as proposes to repeal that part of the former law which allowed Col. Samuel Dale half the pay of a colonel in the United States army; which was decided in the negative.

Yeas

9-

Nays

10.

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


104

Mr. President

Bibb

Devereux

Murphy

Smith -9.

Armstrong

Casey

Hopkins

Shackleford

Those who voted in the negative, are,

Mr. Coats

Crabb

McVay

Moore

Sullivan

Conner

McCamy

Metcalf

Powell

Wood-10.

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

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

Mr. President- I am instructed to inform your honorable body that ‘an act to prevent frivolous and vexatious law suits,’ has received no amendment in the House of Representatives.

Mr. Sullivan obtained leave to introduce a resolution for the convenience of John A. Elmore. Ordered, That said resolution be read the second time on to-morrow.

Mr. Moore, from the committee on enrolled bills, reported that said committee had examined.

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

‘An act to manumit a negro woman slave Margaret, and her children & found the same correctly enrolled,' which were signed by Mr. President.

A bill, to be entitled ‘an act amendatory of the laws now in force concerning strays,’ was read the second time, and ordered to be engrossed for a third reading on to-morrow.

On motion of Mr. Sullivan, the bill to be entitled ‘an act to amend and reduce into one act, the several acts concerning forcible entries detainers,’ was taken up and referred to the judiciary committee.

O motion the senate adjourned ‘till 3 o’clock P.M.

3 o’clock, P.M.

The Senate met pursuant to adjournment.

On motion the Senate concurred in the resolution of the House of Representatives, proposing to go into the election of a comptroller of public accounts, and a state treasurer on Friday next at 4 o’clock, P. M.

Ordered, that the House of Representatives be informed thereof.

Mr. Crabb obtained leave to introduce a resolution, providing for the organization of the 39th regiment of Alabama militia. Ordered, That said resolution be read the second time on to-morrow.

On Motion of Mr. Casey, the report of the Trustees of the State University, in regard to the location of the University was taken up, and ordered to be spread upon the Journal, which is as follows:

To the Honorable General Assembly of the State of Alabama,

The Trustees of the University in compliance with the law requiring them to report a suitable place or places for the location of the institution, respectfully report:

That should the General Assembly consider it expedient to locate the University in the Northern part of the State, the board consider Athens, or some place near it, in Limestone county, most suitable.

That should the General Assembly consider it expedient to locate the institution in the middle section of the State, the board conceive the following places most suitable, viz:--  some point within Township 17 and Range 18 in Autauga county--  Wilson’s Hill in Shelby county--  the place called Gages’ in Perry county--  and some place near the town of Tuskaloosa.

The board forbear to enter into a detail of facts to show how far each of the places recommended possesses the several requisites pointed out by the


105

act of assembly; or the relative advantages of each. Though each of the places is known to some member of the board, there is none of them of which all the members by personal  observation on the spot, and through the adjacent country, have required such information as enables them distinctly to point out its several advantages as a site for the institution. They regret their inability to be further into the view of facts of this kind the less, because they presume, that from the members of your honorable body residing near the several sites recommended, the General Assembly have sources of information probably more full and satisfactory than the board could afford by such examinations as, within any reasonable period, they would have it in their power to make.

All of which is respectfully submitted by order of the board.

Test, M. WILLIAMS, Sec.      ISRAEL PICKENS, President

A memorial of the Legislature of the State of Alabama to the Congress of the United States, was read the second time.

Ordered, to be read the third time on to-morrow.

Mr. Moore, from the committee on enrolled bills, reported, that said committee had examined.

An act to establish a public road from the house of John Gandie, in Morgan county, to Baltimore in Blount county;’

‘An act to alter and amend an act extending the jurisdiction of the county court of Mobile county, passed 17th Dec. 1821,’ and find the same correctly enrolled; which were signed by Mr. President.

A bill, entitled ‘An act allowing pay to the Trustees of the State University for their services;’ was read the second time.

Mr. Bibb moved to amend said bill, by striking out the first proviso in the second section thereof, where it provides that the trustees shall exhibit an account of their necessary expenses to the board for allowance; which was decided in the affirmative.

Yeas

14-

Nays

3.

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

Mr. President,

Coats

Devereux

Moore

Smith

Bibb

Conner

Hopkins

Murphy

Wood- 14.

Casey

Crabb

McCamy

Powell

Those who voted in the negative, are,

Mr. Metcalf

McVay

Sullivan- 3.

Ordered, to be engrossed for a third reading on to-morrow.

A message from the House of Representatives, by Mr. Hardwicke:

Mr. President, I am instructed by the House of Representatives to inform your honorable body, that they concur in the amendments made by your honorable body, to the bill, entitled,

An act to compel clerks of the circuit and county courts, and sheriffs to give bond and security within the time therein prescribed.

They have also read a third time and passed, a 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;’ which originated in this house, and in which they desire the concurrence of your honorable body.

They also concur in the amendments made by your honorable body to a bill, entitled ‘an act granting to John Fowler the right of running a steam ferryboat, and a row boat or sail boat, between the city of Mobile and town of Blakeley.’

A bill from the House of Representatives, 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,’ was read the first time.

Ordered, That said bill be read a second time on to-morrow.

A bill, to be entitled ‘an act for the more easy obtaining of testimony,’ was read the second time.

O


106

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

A bill to be entitled ‘an act to amend and repeal in part the several acts concerning roads,’ was read the second time.

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

A bill to be entitled ‘an act relative to the securities of clerks, sheriffs & other officers’ was read the second time, & amended, and ordered to be engrossed for a third reading on to-morrow.

A bill, to be entitled ‘an act to change the name of Big-spring in Franklin county,’ was read the second time, and ordered to be engrossed for a third reading on to-morrow.

Mr. Moore, from the committee on enrolled bills, reported, 'an act to prevent frivolous and vexatious lawsuits,’ as correctly enrolled; whereupon said bill was signed by Mr. President.

On motion of Mr. Powell, the committee of the whole was discharged from the consideration of the resolution, proposing to the people of the state of Alabama, changes in the constitution of this state therein mentioned. Mr. Powell then moved, that said resolution be laid upon the table: which was decided in the negative.

Yeas

4-

Nays

14.

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

Mr. Casey

Murphy

Powell

Sullivan- 4.

Those who voted in the negative, are,

Mr. President

Conner

Hopkins

Metcalf

Smith,

Bibb

Crabb

McCamy

Moore

Wood- 14.

Coats

Devereux

McVay

Shackleford

Mr. McVay moved to amend said resolutions by striking out the words ‘four years’ where it is provided, that the senators shall serve for the term of four years, and inserting in lieu thereof, the words ‘two years.’ The question being put it was decided in the affirmative.

Yeas

10

Nays

8.

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

Mr. Casey

Crabb,

McVay

Powell

Sullivan

Conner

Devereux,

Metcalf

Shackleford

Wood- 10.

Those who voted in the negative, are,

Mr. President

Coats

McCamy

Murphy

Bibb,

Hopkins

Moore

Smith- 8.

Mr. Bibb offered the following amendment to said resolutions: ‘And be it further resolved, that so much of the constitution as relates to the tenure of the office of the judges be so altered as to allow the Legislature the right of appointing them for a term of years not less than four instead of during good behavior;’ which was adopted.

Yeas

11

Nays

7.

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

Mr. Bibb

Conner

McVay

Sullivan

Casey

Devereux

Metcalf

Wood- 11

Coats

McCamy

Smith

Those who voted in the negative, are,

Mr. President

Hopkins

Murphy

Shackleford- 7.

Crabb

Moore

Powell

Mr. Shackleford moved to strike out so much of said resolutions, as relates to the classification of the Senate; which was carried.

Mr. Sullivan offered the following amendment to said resolutions, ‘and each county shall be entitled to one Senator.’

Mr. Casey moved to amend said amendment by the following: ‘And provided also each county shall be entitled to at least one representative and more in proportion to the population;’ which was lost.


107

Yeas

9-

Nays

9.

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

Mr. Bibb

Coats

Devereux

Smith

Wood- 9.

Casey

Conner

Metcalf

Sullivan

Those who voted in the negative, are,

Mr. President

Hopkins

McVay

Murphy

Shackleford- 9.

Crabb

McCamy

Moore

Powell

The question was then put on the adoption of the amendment offered by Mr. Sullivan, and decided in the affirmative.

Yeas

11

Nays

7.

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

Mr. Bibb

Conner

Metcalf

Shackleford

Sullivan

Casey Coats

Devereux

Murphy

Smith

Wood- 11.

Those who voted in the negative are,

Mr. President

Hopkins

McVay

Powell- 7.

Crabb

McCamy

Moore

Mr. Murphy moved, that the further consideration of said resolutions be indefinitely postponed; which was decided in the negative.

Yeas

8

Nays

10

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

Mr. President

Murphy

Powell

Smith

Hopkins

Moore

Shackleford

Sullivan- 8.

Those who voted in the negative, are,

Mr. Bibb

Coats

Crabb

McCamy

Metcalf

Casey

Conner

Devereux

McVay

Wood- 10.

A message form the House of Representatives by Mr. Dodson, heir clerk:

Mr. President- I am instructed by the House of Representatives to inform your honorable body, that they have adopted the following resolution, in which they desire your concurrence: 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.

The Senate adjourned till to morrow morning 10 o’clock.