Monday, December 2.

The senate met pursuant to adjournment.

Mr. Armstrong presented the memorial of sundry inhabitants of Mobile, praying the Legislature to memorialize Congress upon the subject of the fortifications of Mobile Point; which was read; and on motion referred to a special committee; whereupon Messrs. Armstrong, Murphy and Hopkins, were appointed said committee.

Mr. Armstrong presented the petition of sundry citizens of Mobile, praying the passage of a law authorizing the appointment of a Weigher of Cotton; which was read, and on motion referred to the Committee on Propositions and Grievances.

Mr. Armstrong, also, presented the petition of Nicholas Pope, praying the passage of a law authorizing him to emancipate a certain salve; which was read;

And on motion, referred to a special committee, consisting of Messrs. Armstrong, Shackleford and Wood.

Mr. Crabb, from the special committee, to whom, was referred the petition of Matthew Herberson, administrator of Samuel Herberson, deceased reported a bill to be entitled “an act to authorize the administrator of Samuel Herberson, deceased, to sell a certain tract of land therein designated:" 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. McCamy obtained leave to introduce a bill, to be entitled ‘an act to give Jackson county an additional election precinct;’ which was read


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

Mr. Hopkins obtained leave to introduce a bill, to be entitled ‘an act concerning inquiry of damages,’ 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 obtained leave to introduce a bill to be entitled ‘an act concerning intestates estates,' and also a bill, to be entitled ‘an act to authorize the granting of letters testamentary without security in certain cases therein named;’ which were severally read the first time.  On motion, ordered, that said bills be made the order of the day for a second reading on to-morrow.

The Senate then proceeded to the orders of the day.

A bill, to be entitled ‘an act to authorize the administrator and administratrix of Robert Gillaspey, deceased, to sell certain lands therein named,’ was read the second time.  On motion,  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 ‘an act concerning millers,’ 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 amend an act, passed Dec. 17th, 1821,’ and a bill to be entitled ‘an act to authorize Mary Jones administratrix of Thomas A. Jones, deceased, to sell and convey certain real estate,’ were severally read the second time.

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

A bill to be entitled ‘an act repealing an act making an appropriation to Colonel Samuel Dale,’ was read the second time.   On motion of Mr. Bibb, ordered, that said bill lie on the table.

A bill to be entitled ‘an act for the payment of jurors in the circuit courts of this state,’ was read the second time.  On motion, ordered, that said bill be committed to the committee on the judiciary to examine and report thereon.

A bill from the House of Representatives, to be entitled ‘an act the better to secure debts on writs of error.’ was read the second time.

On motion, 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 to organize the counties of Covington and Pike,’ was read the second time.

On motion of Mr. Devereux, the Senate resolved itself into a committee of the whole on said bill --  Mr. Casey in the chair; and after some time spent therein, the committee rose, and Mr. Casey reported said bill with sundry amendments, which were concurred in.

On motion, 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 in relation to the estate of James White, deceased,’ was read the second time.  Ordered, that said bill be engrossed and 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 to authorize Gilbert D. Taylor to emancipate certain slaves therein named,’ was read the third time and passed.  Ordered, That the secretary inform the House of Representatives thereof.

A bill from the House of Representatives to be entitled ‘an act for the relief of Henry Stokes and others;’ was read the third time and passed.


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

A bill from the House of Representatives to be entitled ‘an act to incorporate the trustees of Athens Female Academy, in Limestone county;’

And a bill to be entitled ‘an act to mark out and establish a road leading from the city of Mobile in the county of Mobile, to Edwin Lewis Turnpike road in said county,’ were severally read the third time and passed.  Ordered, that the secretary inform the House of Representatives thereof.

An engrossed bill to be entitled ‘an act to authorize the emancipation of certain slaves therein mentioned,’ was read the third time.

Mr. McVay moved to fill the blank in the last section of said bill with the words ‘twenty-one,’ and on the question being put, it was resolved in the affirmative.  The question was then put, shall this bill pass? and decided in the affirmative.

Ordered, that the title of said bill be ‘an act to authorize the emancipation of certain slaves therein mentioned,’ and that the same the sent to House of Representatives for their concurrence.

The Senate, according to the order of the day, resolved itself into a committee of the whole on the ‘resolution to repeal a resolution allowing to the comptroller of public accounts two hundred and fifty dollars in addition to his present salary, passed at the last session of the General Assembly;’ Mr. Bibb in the chair; and, after some time spent therein, the committee rose, and Mr. Bibb reported said resolution without amendment; which was concurred in.

Mr. Shackleford offered the following amendment to said resolution:

‘And be it further resolved, That this resolution shall not be so construed as to repeal the appropriation allowed for the year past, but to operate for the future,’ which was adopted.

On motion, Ordered, That said resolution be engrossed and made the order of the day, for a third 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 to continue in force and amend an act entitled an act to repeal in part and amend an act entitled and at to regulate the proceedings in the courts of Law and Equity in this state, and for other purposes therein mentioned;’ Mr. Bibb in the chair, and after some time spent therein, the committee rose, and Mr. Bibb reported the same with sundry amendments, which were concurred in.

A Message from the House 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, ‘an act to repeal in part and amend an act supplementary to an act entitled an act to incorporate the city of Mobile, passed 17th December 1819,’ and, ‘an act authorizing Augustus Baudry to emancipate a certain slave therein named;' which originated in your honorable body.

Mr. President laid before the senate a communication from the Governor, which was read and is as follows.

Executive Department, December 2d, 1822.

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

I have this day received the resignation of the Hon. John W. Walker, a senator from this state, in the congress of the United States.  And I have to add with much concern and regret, that extreme ill-health had been the cause of denying to the State a longer continuance of his services in that important station.


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I take this early occasion to communicate this information, to allow you that full tie for deliberation in the selection of a successors, which is required by the importance of the grade of service, and by its length of continuance.  The period of vacancy left by this resignation will expire on the third day of March 1825.

I have the honor to be, your most obedient,

ISRAEL PICKENS.

On motion, Ordered, that said communication lie on the table.

On motion the senate adjourned till 3 o’clock.

Evening- 3 o’clock.

The Senate met pursuant to adjournment.

The senate resumed the consideration of the bill, to be 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. McVay offered the following amendment to said bill.

And be it further enacted, that the justice of the peace in each county in this state, be and they are hereby appointed commissioners of the roads and revenue, and they are hereby authorized and required to perform all the duties required of commissioners of roads and revenue in like manner as is required by the twenty-eight and twenty-ninth sections of an act, entitled ‘an act to repeal in part, and amend an at to regulate the proceedings in the courts of law and equity in this state.'

And be it further enacted, that so much of the twenty-eight section of the act last recited in this at, be, and the same is hereby repealed: Provided however, that not less than six justices of he peace with the judge of the county court shall form a quorum to do business,’ and on the question being put on the adoption of said amendment, it was decided in the negative.

Yeas

5

Nays

14

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

Mr. Deveraux

McVay

Moore

Smith

Wood- 5.

Those who voted in the negative, are,

Mr. President

Casey

Crab

Metcalf

Shackleford

Armstrong

Coats

Hopkins

Murphy

Sullivan- 14.

Bibb

Conner

McCamy

Powell

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

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 to your honorable body, that they have read a third time & passed bills of the following titles, to wit: ‘an act to authorize David Peobles to continue a toll-bridge erected over the Escambia Creek in the county of Conecuh;'

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

‘An act to manumit certain slaves therein named,’ and

‘An act to suppress the evil practice of fire hunting.’ In which they desire your concurrence.

A bill from the House of Representatives, to be entitled ‘an act to suppress the evil practice of fire hunting,' 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.

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