Friday, Dec.  27, 1822.

The Senate met pursuant to adjournment.

Mr. McVay moved that Mr. Bibb have leave of absence from the Senate after to-day, during the remainder of the session; which was lost.

Ordered, that the Senate insist upon their amendments to the bill, entitled ‘an act to provide for the emancipation of slaves,’ and that the house be informed thereof.

Mr. Shackleford offered the following resolution: Resolved by the Senate with the concurrence of the House of Representatives,  that a joint committee be appointed to report what business before the two houses is necessary and indispensable to be acted on at the present session of the General Assembly.

The Senate according to order resolve itself into a committee of the whole on the bill, entitled ‘an act to amend the several acts in relation to

S


138

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’--  Mr. Bibb in the chair; and after some time spent therein the committee rose and Mr. Bibb reported that the committee had according to order had said bill under consideration, but not having time to go through with the same, had instructed him to report progress and ask leave to sit again; which was granted.

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 have read the third time and passed a bill, entitled ‘an act amendatory to the laws now in force concerning strays;’ and have added thereto two additional sections, in which they desire your concurrence. They have also read the third time and passed bills, originating in your House of the following titles, to wit: An act to refund James Mixon a sum of money improperly assessed and collected; An act to authorize the Judge of the county court of Mobile to take possession of the Spanish records; An act to amend the act passed Dec. 17, 1821, entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes: 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 20th Nov. 1820: An act authorizing the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile, and have amended the same by adding after the word ‘appoint’ in the first section, the words ‘one or more not exceeding two,’ in which amendments your concurrence is desired.

An act to appoint commissioners to lay out two roads leading from the ford of Line creek-- the one to Coffeeville, the other to Tuskaloosa, and have amended said bill by striking out of the first section the words James Bell, Barney Johnson, Matthew Jones, John Kelly and John Gayle,’ and insert in lieu thereof ‘Edmund Lane, James S. Gaines and John Davis,’ and have further amended the same by adding a section thereto, in which they desire your concurrence.

They have also read a third time and passed bills originating in their house, of the following titles, to wit:

An act to repeal all laws requiring hands to work on navigable streams in this state; An act relative to turnpike roads;

An act to set apart a separate fund for the support of the poor in each county;

An act to incorporate Jefferson Academy in the town of Elyton, and for other purposes;

An act authorizing John R. B. Eldridge to sell certain slaves therein designated;

An act for dividing the state into districts for the purpose of electing electors of President and Vice President of the United States;

An act concerning writs of error coram vobis;

An act supplementary to an act to establish the permanent seat of justice in the county of Shelby, and for other purposes;

An act to establish a certain road therein named;

An act to authorize the Judges of the county courts and commissioners of roads and revenue within this state to make allowance therein named;

An act to alter the boundaries of Perry county;

An act to repeal an act entitled an act incorporating the town


139

of Jackson in Clarke county; and a Resolution authorizing commissioners to establish a road leading from the city of Mobile to the line of the state of Mississippi -- in all of which they desire your concurrence.

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

An act to appoint commissioners to lay out a certain road therein specified;

An act to extend the boundaries of Wilcox county;

An act to provide for paying for the public buildings of Lawrence county;

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 the roads and revenue of Butler county to levy a tax, and for other purposes therein mentioned; which were signed by Mr. President.

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 Senate concur in the amendments made by the House of Representatives, to the bill entitled ‘an act to appoint commissioners to lay out two roads leading from the ford of Line creek, the one to Coffeeville, and the other to Tuskaloosa;’ and to the bill entitled ‘an act authorizing the Judge of the county court of Mobile county to appoint a public weigher in the city of Mobile, and that the house be informed thereof.'

Ordered, that the bill entitled an act amendatory to the laws now in force concerning strays,  together with the amendments made thereto by the House of Representatives 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 adopted the following resolution. Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, that the State Printer, be instructed to furnish each member with forty of the captions of the acts and resolution of the General Assembly, and the Secretary be instructed to furnish a copy of the same, in which they desire your concurrence.

They have also read a third time and passed bills, and resolutions originating in your house of the following titles, to wit:

Resolutions to repeal ‘a resolution allowing to the comptroller two hundred and fifty dollars in addition to his present salary,’ passed at the last session of the General Assembly.

An act to repeal all acts or parts of acts now in force in this state requiring an oath to be taken on receiving a licence to retail spirituous liquors and have amended the same by adding a section thereto, and have further amended it by adding to the title of said bill the following words; ‘and to require a new oath,’ in which they desire your concurrence.

They have also read a third time and passed a bill originating in your house, entitled ‘an act for the relief of certain tax collectors therein named.'

They have also read a third time and passed a bill originating in their house, entitled ‘an act regulating appeals in criminal cases;' in which your concurrence is desired.

They have also read a third time and passed a bill originating in your house, entitled


140

‘An act for the regulation of assessors and tax collectors so far as relates to the payment of money,' and

‘An act to divide the State into districts for electing representatives to congress,' and have amended the same by striking out therefrom in the first section, the word ‘Autauga,’ and inserting in lieu thereof the word ‘Marengo’ and by striking out of the first section the word ‘Marengo,’ and inserting in lieu thereof the word ‘Autauga’ in  which they desire your concurrence.

Mr. Casey moved that the senate concur in the amendments made by the House of Representatives to the bill, entitled ‘an act to repeal all acts or parts of acts, now in force in this state requiring an oath to be taken on receiving a licence to retail spirituous liquors, by requiring a new oath to be taken, which was lost.

Yeas

8.

Nays

11.

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

Mr. Casey

McVay

Murphy

Sullivan

Devereux

Metcalf

Smith

Wood- 8.

Those who voted in the negative, are,

Mr. President

Coats

Hopkins

Powell

Armstrong

Conner

McCamy

Shackleford- 11.

Bibb

Crabb

Moore

Ordered, that the senate concur in the amendments made by the house of representatives to the bill, entitled ‘an act to divide the state into districts for electing Representatives to Congress, and that the house of representatives be informed thereof.

A message from the House of Representatives by Mr. Clay, Mr. President,

I am instructed to inform your honorable body, that the House of Representatives have read a third time and passed, a bill, entitled

‘An act for the relief of the tax collector of Lawrence county for the year 1821'--  in  which they desire your concurrence.

They have also read a third time and passed a bill originating in your house, entitled

‘An act to incorporate the town of Jonesborough in the county of Jefferson.'

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

‘An act to authorize Nicholas Pope to emancipate a certain slave therein named.’

‘An act to enforce the payment of monies collected by officers of courts;’

‘An act to prescribe the mode of certifying execution from justices of the peace from one county to another;’

‘An act providing for the election of sheriff in certain cases, and for other purposes;’

‘An act to authorize fathers to devise the custody and tuition of their infant children;’

‘Resolutions, extending time to John Fowler and his associates to open and finish a road therein named;’ and

‘A Resolution for the relief of Anderson Crenshaw;’ which were signed by Mr. President

A bill from the house of Representatives entitled ‘ An act regulating appeals in criminal cases, 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 laid upon the table.


141

Mr. Moore from the committee on enrolled bills, reported as correctly enrolled. ‘An act to raise a revenue for the support of government until otherwise directed by law,’ which was signed by Mr. President.

A bill from the house of representatives entitled ‘An act for the relief of the Tax collector of Lawrence county for the year, 1821;’ 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 and third time forthwith and passed. Ordered, that the house of representatives be informed thereof.

Mr. Crabb from the select committee to whom was referred the bill entitled 'An act authorizing Elisha Thomas and Davis Gurley and their associates to turnpike a road therein designated,’ reported the same as amended which was concurred in.

Mr. McVay offered the following amendment to said bill, ‘Provided all persons travelling said road on foot shall at all times pass said road and turnpike free of toll,’ which was adopted. The bill was then read the third time as amended and passed,

Yeas

10- 

Nays

5.

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

Mr. Casey

Conner

Devereux

McCamy

Sullivan

Coats

Crabb

Hopkins

Metcalf

Wood- 15

Those who voted in the negative are,

Mr. Armstrong

Bibb

McVay

Moore

Powell- 5.

Ordered that the house of representatives be informed thereof

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,

‘An act concerning the Huntsville Masonic Lottery;’

‘Memorial to the Congress of the United States on the subject of the fortifications at Mobile Point and Dauphin Island;’

‘An act changing the name of Big spring in Franklin county;’

‘An act relative to the securities of clerks, sheriffs or other officers;’

‘An act to authorize a change of venue in chancery causes;’ all of which originated in your house.

They insist on their amendments to an act to repeal all acts or parts of acts now in force in this state requiring an oath to be taken on receiving a licence to retail spirituous liquors.  Ordered, that the senate insist upon their disagreement to the amendments made by the house of representatives to said bill, and that the house be informed thereof.

Ordered, that the resolution from the house of representatives requiring the State Printer to furnish each member of the General Assembly with forty copies of the captions of the acts and resolutions of the present session, be laid upon the table.

Mr. Armstrong from the military committee to whom was referred the bill entitled ‘an act to revise, consolidate and amend the several acts relative to the militia,’ reported the same as amended, which was concurred in.

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

Mr. Bibb moved, that the further consideration of the bill, entitled ‘an act 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,’ be postponed until the first day of next session of the General Assembly, which was decided in the affirmative -- 

Yeas

10 -- 

Nays

9.

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

Mr. Bibb

Coats

McVay

Murphy

Sullivan

Casey

Devereux

Metcalf

Smith

Wood- 10.

 


142

Those who voted in the negative, are,

Mr. President

Conner

Hopkins

Moore

Shackleford- 9.

Armstrong

Crabb

McCamy

Powell

On motion, the senate adjourned till to-morrow morning at 9 o’clock.