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Thursday, Dec. 26, 1822.

The Senate met pursuant to adjournment.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled, ‘an act authorizing pay to the Trustees of the State University for their services;’ which was signed by Mr. President.

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

Mr. President- I am instructed to inform your honorable body, that the House of Representatives concur in the amendments made by your honorable body, to a bill entitled ‘an act to establish a turnpike road leading from Lawrence county to intersect the military road at Pikeville in Marion county.'

They have read a third time and passed a bill from your honorable body, entitled ‘an act to enforce the payment of monies collected by officers of courts.'

They have also read a third time and passed resolutions originating in their House, entitled ‘resolutions relative to the dividing line between this state and the state of Georgia;’ in which they desire your concurrence.

Resolutions from the House of Representatives, relative to the dividing line between this state and the state of Georgia, were read the first time. The rule  which requires all joint resolutions to be read on three several days being dispensed with, said resolutions were read the second time forthwith and ordered to a third reading on to-morrow.

A resolution for the relief of Matthew D. Thomason was read the 2d time and ordered to be engrossed for a third reading on to-morrow.

A bill from the House of Representatives, entitled ‘an act to provide for the emancipation of slaves,’ was taken up and read the third time.

Mr. Moore offered an amendment to said bill by way of rider, prohibiting the migration of free negroes and mulattoes to this state, which was read three several times and adopted. The bill was then passed as amended. Ordered, that the words ‘and to prevent free negroes from removing within the limits of this state,’ be added to the title of said bill, and that the same be sent to the House of Representatives for their concurrence.

Mr. Crabb, from the committee on privileges and elections to whom was referred the memorial of James MaGoffin, contesting the right of Neal Smith to a seat in the Senate, made the following report:

The committee to whom was referred the memorial of James MaGoffin, contesting the right of Neal Smith to a seat in this House as Senator from the district composed of the counties of Clarke and Wilcox, having had the same under consideration, beg leave to report, That the memorial states in substance that said Smith for a year and more next preceding his election resided at the same place as at the time of his election that by a law passed on the 23d day of November, 1821, within a year before the election the boundary line between the counties of Clarke and Monroe was altered, before this alteration, the residence of said Smith was included in the county of Monroe, and that by the alteration it was included in the county of Clarke.

Your committee on this statement of the facts have proceeded to inquire whether the provision in the 12th section of the third article of the constitution,  which declares that no person shall be a Senator unless for the year next preceding his election he shall be a resident of the district for which he shall be chosen, applies to this case.


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By the tenth section of the same article, it is provided that the General Assembly shall, at state periods divide the state into senatorial districts, each of which shall be entitled to one senator. Under the third, ninth, tenth, and twelfth sections of the same article, the senators must generally if not in all cases be elected within less than a year from the time of laying off the districts and making the apportionment.

Can it be supposed that a person so elected to represent a district laid out within a year next preceding his election, wants the qualifications as to residence which is necessary to entitled him to a seat in this House.

If at the next apportionment the county of Clarke should form part of one district and the county of Wilcox part of another and the election should be made as must be to give effect to the several provisions in the third article of the constitution within a year thereafter, your committee are unable to perceive under the construction contened for by the memorialist, how any resident of Clarke or Wilcox county could be entitled to a seat in this House and by the same rule of construction alterations in the boundaries might, and in many cases would, operate so as to exclude citizens to whom the right of voting appears to have been intended to be secured by the 5th section of the 3d article of the constitution from voting in any county, and to exclude from the House of Representatives persons possessing all the qualifications prescribed by the third section of the fourth article.

The construction contended for by the memorialist appears therefore to result in this, that the Legislature have no power to alter the boundaries of a county unless when making the general apportionment of Senators of Representatives, or that they have the power to exclude from the right of suffrage, and to a seat in either branch of the General Assembly, citizens to whom their rights appear to be secured by the constitution.

Your committee are therefore of opinion that said Neal Smith is entitled to his seat in this house as senator from the district composed of the counties of Clarke and Wilcox, and that the prayer of said memorialist is unreasonable; which report was concurred in.

A bill from the House of Representatives entitled ‘an act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained;’ was red the third time and passed. Ordered, that the House of Representatives be informed thereof.

A bill from the house of Representatives entitled ‘an act to authorize the judge of the county court and commissioners of roads and revenue of Butler county, to levy a county tax, and for other purposes,’ was read the third time and passed. Ordered, that the House of Representatives be informed thereof.

A bill from the House of Representatives entitled ‘an act to appoint commissioners to lay out a road therein specified’ was read a third time Mr. Powell offered the following amendment to said bill by way of rider ‘Provided, that the aforesaid commissioners shall receive from the state treasury no compensation for their services’ which was read three several times and adopted. The bill was then passed as amended. Ordered, that the House of Representatives be informed thereof.

A bill from the House of Representatives entitled ‘an act to provide for paying for the public buildings of Lawrence county,' was read the third time and passed.  Ordered, that the House of Representatives be informed thereof.


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A bill from the House of Representatives, entitled ‘an act to define and make plain the western boundary line of Blount county,' was read the third time and laid upon the table.

A bill from the House of Representatives entitled ‘an act to amend and act entitled an act to regulate the rate of interest, passed 17th Dec. 1819 was read the third time and laid upon the table.

An engrossed bill to be entitled ‘an act for the relief of certain persons therein named,’ was read the third time and passed. Ordered, that the title be ‘an act’ &c. and that the same be sent to the House of Representatives for their concurrence.

Engrossed resolutions requiring the secretary of the Senate and clerk of the House of Representatives to make a complete index of the journal of the General Assembly were read the third time and passed. Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

Engrossed resolutions defining more particularly the boundary lines of certain counties therein mentioned, and for other purposes; were read the third time and passed. Ordered, that the title be as aforesaid and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, entitled ‘an act appointing an agent to receive the three per cent fund,’ was read the third time and passed. Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

Engrossed resolutions requesting the Governor to procure a correct map of the state; were read the third time and passed. Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for the concurrence.

An engrossed bill to be entitled ‘an act to amend and repeal in part the several acts concerning roads &c.’ was read the third time and on the question, Shall this bill pass? it was decided in the negative.

Yeas

9

Nays

9.

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

Mr. Bibb

Conner

Metcalf

Powell

Wood- 9.

Casey

Devereux

Murphy

Smith

Those who voted in the negative, are,

Mr. President

Crabb

McCamy

Moore

Sullivan- 9.

Coats

Hopkins

McVay

Shackleford

An engrossed bill to be entitled ‘an act to alter the mode of giving bond and security, and taking the oath of office by the agents of the sixteenth sections,’ was read the third time and passed.

Ordered that the title be ‘an act &c.’ and that the same be sent to the House of Representatives for their concurrence.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled,

An act to establish a turnpike road leading from Lawrence county to intersect the military road at Pikesville, in Marion county.

‘A memorial to the Congress of the United States;’ and

‘An act granting to John Fowler the right of running a Steam Ferry boat, and a row-boat or sail-boat, between the city of Mobile and the town of Blakeley;’ which were signed by Mr. President.

An engrossed bill, to be entitled ‘an act to provide for drawing petit jurors to serve in the circuit courts of the county of Dallas,’ was read the third time and passed.


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Ordered, that the title be an act &c. and that the same be sent to the House of Representatives for their concurrence.

On motion the Senate adjourned until 3 o’clock P. M.

3 o’clock P. M.

The Senate met pursuant to adjournment.

Mr. Powell from the committee on accounts reported a bill to be entitled ‘an act making appropriations for the payment of certain claims against the state,’ which was read the first time, and ordered to be read the second time on to-morrow.

Mr. Murphy presented the claim of Waitman Gullett, against the state which was referred to the committee of accounts.

Mr. Hopkins presented a communication from Harry Toulmin, esq. upon the subject of the digest, which was read, and ordered to be laid upon the table.

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

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 their house of the following title.

‘An act, to amend the several acts in relation to the establishment of a bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act:' in which they desire your concurrence.

They have also reconsidered the vote of their house on concurring with the amendments made by your honorable body to the revenue bill, and have concurred in all the said amendments.

They disagree to the amendments made by your honorable body to the bill entitled an act for the emancipation of slaves.

They concur in the amendments of your honorable body to the bill, entitled an act to appoint commissioners to lay out a road therein specified.

A bill from the House of Representatives entitled an act to amend the several acts in relation to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act, was read the first time. The rule which requires all bills to be read on three several days being dispensed with said bill was read the second time forthwith, and ordered to be committed to a committee of the whole on to morrow.

On motion, the Senate adjourned until to-morrow morning 9 o’clock.