Saturday, December 21, 1822.

The senate met pursuant to adjournment.

Mr. Wood obtained leave to introduce a bill to be entitled ‘an act to incorporate the town of Jonesborough, in the county of Jefferson;’ which was read the first time. On motion, the rule which requires all bills to be read on three several days was dispensed with, and said bill was read the second time.

 


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Ordered, that said bill be engrossed for a third reading on Monday next

Mr. Devereux obtained leave to introduce a bill to be entitled an act to repeal in part and amend an act entitled 'an act to regulate elections passed at Huntsville, 16th December 1819;’ which was read the first time. On motion, the rule which requires all bills to be read on three several days was dispensed with, and the said bill was read the 2d time.

Ordered, that said bill be engrossed for a third reading on Monday next.

Mr. Wood, from the committee on county boundaries to whom was referred the bill, entitled ‘an act to alter and extend the boundaries of Wilcox county,’ reported the same with amendments, which were concurred in.

Ordered, that said bill be read the third time on Monday next.

Mr. President laid before the Senate the report of the commissioners of reserved lands adjoining the town of Cahawba; which was read and referred to a select committee, consisting of Messrs. Moore, McVay and Conner. Ordered, that Mr. Bibb be added to said committee.

On motion of Mr. Shackleford, the bill from the House of Representatives, entitled ‘an act to repeal in part and amend an act entitled an act supplementary to an act to establish a State University,’ was taken up. The bill was read the third time as amended.

Mr. Powell offered the following amendment to the fourth section of said bill, by way of rider: ‘Provided also, that the six additional trustees to be thus chosen, shall have no power to vote upon the subject of any appropriation of the funds to be employed for the buildings to be erected in pursuance of this act, until six months after the same shall have been commenced;’ which was read three several times and adopted.

Mr. Hopkins moved to fill the blank in the 17th section of said bill with the word ‘twelve’ where it provides for the establishment of three branches of the university for female education, to be governed by directors to be elected annually by the board of trustees. And on the question being put, it was decided in the affirmative.

Mr. Armstrong moved to fill the blank in the 17th section of said bill with the words ‘one hundred thousand,’ where it provides ‘that dollars shall be appropriated by the trustees for the purpose of erecting buildings for the branches of said university for female education;’ which was decided in the affirmative. The question was then put, shall the bill pass? and decided in the affirmative.

Yeas

12 -

Nays

6

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

Mr. President

Conner

McVay

Shackleford

Sullivan

Armstrong

Crabb

Moore

Smith

Wood- 12.

Bibb

Hopkins

Those who voted in the negative, are,

Mr. Casey

Devereux

McCamy

Metcalf

Powell- 6.

Coats

Ordered, That the secretary notify the House of Representatives of the passage of said bill, and desire their concurrence in the amendments thereto.

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

Mr. President- I am instructed by the House of Representatives to inform your honorable body that they have read the third time and passed a bill, originating in your honorable body, entitled ‘an act giving execution for costs in the supreme court.’


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They have also read a third time and passed a bill, originated in their House, of the following title, to wit: ‘ An act to appoint commissioners to lay out a road therein specified;’ in which they desire your concurrence.

A Message from the House of Representatives, by Mr. Mead:

Mr. President- I am instructed by the House of Representatives to inform your honorable body, that they have read a third time and passed a bill originating in your house, entitled ‘an act to authorize fathers to devise the custody and tuition of their infant children,’ and have amended the same by striking out the word ‘five’ in the second section, and inserting in lieu thereof the word ‘fifteen,’ in which they desire your concurrence.

A resolution providing for the organization of the 39th regiment of Alabama militia,’ was read the second time, and ordered to be engrossed for a third reading on Monday next.

On motion, the bill entitled ‘an act to raise a revenue for the support of government for the year 1823,’ was taken up. The bill was then read the third time and passed.

Yeas

15.

Nays

1.

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

Mr. President

Coats

Hopkins

Metcalf

Shackleford

Bibb

Conner

McCamy

Moore

Smith

Casey

Devereux

McVay

Powell

Sullivan- 15

Mr. Crabb voted in the negative.

Mr. Moore moved to amend the title of said bill by striking out all after the word ‘government,’ and inserting in lieu thereof, the words until otherwise provided by law;’ which was adopted.  Ordered, that the secretary inform the House of Representatives of the passage of said bill, and desire their concurrence in the amendments made thereto.

A message from the House of Representatives by Mr. Rather.

Mr. President- I am instructed by the House of Representatives to inform your honorable body, that they have read a third time and passed a bill, originating in your house, entitled ‘an act to establish certain election precincts in the counties therein named;’ and have amended the same by adding several sections thereto, in which they desire your concurrence.

They concur in the amendments made by your honorable body, to a bill entitled ‘an act declaring certain roads therein named, public roads until otherwise directed by law.’

They recede from their amendment to the bill, entitled ‘an act to prevent free negroes and mulattoes from retailing spirituous liquors, and for other purposes,’ by striking out the third section.

They insist on their amendment to said bill by striking out the fourth section.

A bill from the House of Representatives, entitled ‘an act to appoint commissioners to lay out a road therein specified;’ was read the first time, and,

Ordered, to read the second time on Monday next.

A bill, to be entitled ‘an act authorizing pay to the trustees of the State University for their services,’ was read the third time.

Mr. Wood offered the following amendment to said bill, by way of rider: ‘Provided however, that the said trustees who are members of the legislature, shall not receive any pay for their services as trustees, whilst

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they are in attendance as members of the legislature;’ which was read three several times and adopted. The bill was then passed.

Ordered, that the Secretary inform the House of Representatives and desire their concurrence therein.

A bill, to be entitled ‘an act to provide for the emancipation of slaves;’ was read the second time.

Ordered, that said bill be laid upon the table.

A bill, to be entitled ‘an act concerning the Huntsville Masonic Lodge,' was read the second time; and

Ordered, to be engrossed for a third reading on Monday next.

A bill, to be entitled ‘an act to incorporate the Limestone navigation company,’ was read the second time, and ordered to engrossed for a third reading on Monday next.

A memorial from the Legislature of the State of Alabama to the Congress of the United States, upon the subject of a treaty with the Cherokee nation of Indians, was read the third time and passed.

A bill from the House of Representatives, entitled ‘an act to establish a turnpike road leading from Lawrence county to intersect the military road in Marion county,’ was read the third time and passed.

Ordered, that the House of Representatives be informed thereof.

An engrossed bill, to be entitled ‘an act relative to the securities of clerks, sheriffs, and other officers;’ 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.

Ordered, that the bill, to be entitled ‘an act for the more easy obtaining of testimony,’ be laid upon the table.

An engrossed bill, to be entitled ‘an act amendatory to the laws now in force concerning strays,’ 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.

Ordered, that the bill, to be entitled ‘an act to repeal in part an act passed 15th Dec. 1821, concerning Samuel Dale,’ be laid upon the table for the present.

An engrossed bill, to be entitled ‘an act changing the name of Big Spring in Franklin county,’ 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.

Ordered, that the engrossed resolutions concerning the loan from the Tombeckbee Bank, be laid upon the table.

A bill, to be entitled ‘an act to establish and regulate justices’ courts in this state,’ was taken up, and ordered to be committed to a committee of the whole on Monday next.

An engrossed bill to be entitled ‘an act to alter the times of holding courts in the first judicial circuit,’ 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 of Mr. Hopkins, the senate concurred in the amendment made by the House of Representatives to the bill, entitled ‘an act to authorize fathers to devise the custody & tuition of their infant children.’

On motion of Mr. Conner, the Senate concurred in the amendments made by the House of Representatives to the bill, entitled ‘an act to establish certain election precincts therein named.’

On motion of Mr. Moore the senate receded from their disagreement the amendment made by the House of Representatives to the bill, en-


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titled ‘an act to prevent free negroes and mulattoes from retailing spirituous liquors and for other purposes,’ by striking out the fourth section thereof.

Mr. Hopkins presented the report of Harry Toulmin, esq. made in pursuance of a resolution of the last session of the General Assembly requiring him to report such defects and imperfections as he might discover in the statute laws of this state. Laid upon the table.

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

3 o’clock P. M.

The Senate met pursuant to adjournment.

Ordered, that the resolutions for the relief of Anderson Crenshaw be referred to a select committee, consisting of Messrs. Casey, Sullivan and Devereux.

A Message from the House of Representatives by Mr. Morton:

Mr. President,

I am instructed by the House of Representatives to inform your honorable body, that they concur in all the amendments made by your hon. body to a bill, entitled ‘an act to repeal in part and to amend an act entitled an act supplementary to an act to establish a State University.'

Also, the concur in amendments made by your honorable body to a bill entitled ‘an act to repeal in part the statute of limitations in criminal cases.’

An engrossed bill, to be entitled ‘an act the better to designate the line between the counties of Jackson and Decatur,’ 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.

Mr. Murphy obtained leave to introduce a bill, to be entitled ‘an act for the relief of certain persons therein named;’ which was read the first time, and ordered to be read the second time on Monday next.

An engrossed 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 third time and passed. Ordered, that the title be ‘an act, &c.’

An engrossed bill, to be entitled ‘an act to divide the state into districts for electing representatives to congress;’ was read the third; amended by way of rider; and the blanks filled. The question was then put, Shall the bill pass? and decided in the affirmative.

Yeas

14-

Nays

3.

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

Mr. President

Crabb

McVay

Murphy

Sullivan

Casey

Hopkins

Metcalf

Powell

Wood- 14.

Conner

McCamy

Moore

Smith

Those who voted in the negative, are,

Mr. Bibb

Coats

Devereux- 3.

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

Mr. President- I am instructed to inform your honorable body that the House of Representatives have read a third time and passed ‘a memorial to the Senate and House of Representative of the United States; praying relief for the settlers in the counties of Jackson and Decatur;’ in which they desire your concurrence.

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

Mr. President- I am instructed to inform you, that the House of Representatives have read the third time and passed, a bill originating in your honorable body of the following title, to wit: ‘an act to provide for the printing the laws and journals of this state, and for other purposes.’ Also, they have read the third time and passed, bills originating in the House


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of Representatives, entitled, ‘an act to authorize administrators to sell lands belonging to the estate of their intestate, to which a complete title has not been obtained;’

‘An act to authorize the Judge of the County court and commissioners of roads and revenue of Butler county to lay a county tax for the purposes therein named;’ in which they desire your concurrence.

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

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

‘And be it further enacted, that the tax collector of Marengo county be allowed until the first day of March next, to complete his collection and pay over the balance due by said collector into the treasury.’ Which was read three several times and adopted.

The question was then put, Shall the bill pass? and decided in the affirmative.

Yeas

12

Nays

6.

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

Mr. President

Hopkins

Metcalf

Powell

Coats

McCamy

Moore

Shackleford

Crabb

McVay

Murphy

Wood- 12.

Those who voted in the negative, are,

Mr. Bibb

Conner

Smith

Casey

Devereux

Sullivan- 6.

Ordered, that the title of said bill be ‘an act for the relief of certain tax collectors therein named.’

An engrossed 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,’ was read the third time and passed. Ordered, that the title of said bill be ‘an act to provide for the payment of the compensation allowed by law to the commissioners appointed to lease the lands belonging to the University of Alabama.’

Ordered, that the bill to be entitled ‘an act authorizing the sale of lots relinquished in the town of Cahawba, under the act of 21st Nov. 1821,’ be laid upon the table.

An engrossed resolution for the convenience of John A. Elmore, was read the third time and passed.

Ordered, that the title be ‘a resolution for the relief John A. Elmore,’ Mr. Bibb obtained leave to introduce a bill, to be entitled ‘an act appointing an agent to receive the three per cent fund;’ which was read the first time, and Ordered, to be read the second time on Monday next.

Mr. Hopkins, from the judiciary committee, to whom was referred a resolution instructing them to inquire into the expediency of passing a law to require sheriffs and constables to make all returns in civil cases to a justice of the peace residing within the captain’s beat, where the debt was contracted, or where the defendant resides, reported a bill to be entitled ‘an act concerning sheriffs and constables;’ which was read the first time and Ordered, to be read the second time on Monday next.

Mr. Casey obtained leave to introduce a bill, to be entitled ‘an act to provide for drawing petit jurors to serve in the circuit courts of the county of Dallas;’ which was read the first time, and Ordered to be read the second time on Monday next.

A message from the House of Representatives by Mr. Dodson, their clerk: Mr. President -- I am instructed by the House of Representatives, to inform your honorable body, that they have read a third time and passed a bill originating in this House, of the following title, to wit: ‘an


117

act to amend an act entitled an to regulate the rate of interest, passed 17th December, 1819;’ in which they desire your concurrence.  The said bill was then read the first time, and ordered to be read a second time on Monday next.

An engrossed resolution for the encouragement of domestic manufactures, was read the third time and passed.

Ordered, that the 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 the seventeenth of December, 1821;’ and the bill, to be entitled ‘an act concerning the printing binding and disposal of the digest of the statutes laws of the state of Alabama;’ be laid upon the table for the present.

Mr. Murphy obtained leave to introduce a resolution requiring the secretary of the senate and clerk of the House of Representatives to make a complete index of the journals of the general assembly; which was read the first time, and ordered to be read a second time on Monday next.

On motion, the Senate adjourned until Monday morning 10 o’clock.