Saturday, Dec. 28th, 1822

The senate met pursuant to adjournment.

A bill from the house of representatives, entitled ‘an act to alter the boundaries of Perry county,’ 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.

A bill from the house of representatives, entitled ‘an act authorizing John R. B. Eldridge to sell certain slaves therein designated,’ was read the first time, the rule which requires all bills to be read on three several days was dispensed with, said bill was read the second and third time and passed. Ordered, that the house of representatives be informed thereof.

A bill from the house of representatives, entitled ‘An act to establish a certain road therein named,’ was read the first time, the rule which requires all bills to be read on three several days was dispensed with, and said bill was read the second time. Mr. Powell moved to amend said bill by striking out the proviso at the end thereof, and inserting the following additional section: ‘Be it further enacted, that the aforesaid road shall be laid out sixty-six feet wide, from the place of beginning, until it passes through the seminary land; after which it shall be of the same width and otherwise, as other public roads;’ which was decided in the affirmative.

The rule which requires all bills to be read on three several days was further dispensed with, and said bill was read the third time as amended and passed. Ordered, that the secretary inform the House of Representatives thereof & desire their concurrence in the amendments made thereto.

A bill from the House of Representatives, entitled ‘an act to repeal all laws requiring hands to work on navigable streams in this state,' was read the first time and ordered to be read the second time on Monday next.

A bill from the House of Representatives, entitled ‘an act dividing the state into electoral districts for the purpose of electing electors of President and Vice President of the United States,' was read the first time and ordered to be laid upon the table till next session.

A bill from the House of Representatives entitled 'an act to incorporate the Jefferson Academy in the town of Elyton, was read the first time, the rule which requires all bills to be read on three several days was dispensed with, and said bill was read the second time and amended.

The rule was further dispensed with, and the bill 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 authorize the judges of the county courts and commissioners of roads and revenue within this state to make allowance therein named, 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 and passed.

Ordered, that the house be informed thereof.

The bill, entitled ‘an act concerning the printing, binding and disposal of the digest of the statute laws of the state of Alabama,' was taken up.


143

 

Mr. Casey moved to fill the blank in the first section of said bill where makes an appropriation to the digester, with ‘seventeen hundred and fifty dollars,’ which was lost. -

Yeas

7-

Nays

10.

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

Mr. Casey

Devereux

Shackleford

Sullivan- 7.

Coats

Murphy

Smith

Those who voted in the negative, are,

Mr. President

Crabb

McVay

Powell

Bibb

Hopkins

Metcalf

Wood- 11.

Conner

McCamy

Moore

Mr. Casey moved to fill said blank with ‘one thousand five hundred

dollars’ which was decided in the affirmative.

Yeas

11

Nays

7

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

Mr. Bibb

Coats

Moore

Smith

Casey

Devereux

Murphy

Sullivan-11

Crabb

McCamy

Shackleford

Those who voted in the negative, are,

Mr. President

Hopkins

Metcalf

Wood- 7.

Conner

McVay

Powell

The bill was then passed.

Ordered, that the words ‘a bill to be entitled’ be stricken out of the caption, and that the same be sent to the House of Representatives for their concurrence.

On motion of Mr. Shackleford, Ordered, that the communication of Harry Toulmin, esq. upon the subject of digesting the laws, be spread upon the journal:- which is as follows: To the General Assembly,

The undersigned having some reason to believe, that a difficulty exists as to the compensation he ought to have for digesting the laws of the state of Alabama, begs leave to make the following observations.

1. In the year 1806 he was employed to digest the statutes then existing --  which were those of six or seven sessions only.

For that work he received twelve hundred dollars:- that digest contained four hundred and twenty six pages. The digest now prepared and laid before the assembly would, if printed on a similar page, and with the same type, occupy sixteen hundred pages- and were the compensation allowed for it in proportion to the compensation in 1807, it would a mount to upwards of four thousand five hundred dollars.

But in addition to this, it is but merely just to remark, that the digest of 1807, was composed of entire acts --  whereas the digest now submitted, is arranged under district heads, or titles, and care has been taken not only to arrange the acts themselves, under the titles to which they belong, but to divide those very acts, where they relate as they often do, to several subjects, and to place the several sections under their proper titles.

2. The undersigned has known, from long experience, what the labor and the expenses of attending seven circuit courts twice a year and discharging the duties not only of a Territorial but of a Federal Judge he can say with confidence that neither the mental execution, nor the personal expense, (even including clerk hire) has been equal to that of preparing the digest now submitted to the Legislature.

It was necessary that the compiler for the purpose of making a contract with the General Assembly, should attend here two weeks at the last session. He has been obliged to attend at the present session about four weeks, in order to facilitate an examination of the digest. He conceives


144

therefore, that his travelling expences (having been obliged to bring a wagon for the purpose of conveying the digest and the original acts of the Legislature, on which the digest is founded) together with six weeks attendance, can not be estimated at less than two hundred an sixty four dollars.       

His clerk hire and paper have cost about two hundred and fifty dollars His labor for one year taking that of a circuit judge as a criterion is worth seventeen hundred and fifty dollars (total twenty-two hundred and sixty-four dollars.)

3. The compiler of the digest now in use had before him in the digest of 1807, and of nine subsequent sessions some of which were very short.- An appropriation was made to him of $1000 in 1806 before the work was completed.  The State of Alabama was severed from the Mississippi at the same time.   What appropriations were made afterwards is not known. The present digest will contain the acts of sixteen sessions, besides those of the digest of 1807.

If it be supposed therefore that Mr. Turner received no more than $1000 for the chaos he created, it will surely be a subject of very rational investion, what sum, when a man has been paid $1000 for mangling & murdering the laws, ought to be paid to any one who has brought them to life again.

The acts of seven sessions are also incorporated with those exhibited in Turner’s digest. The undersigned has endeavored not only to gratify but to be useful to the public.

He cannot receive for his services a less sum than about $2000. If the General Assembly do not deem his services worthy of that compensation, he prays permission to withdraw his manuscript.

He has labored incessantly, and what he solicits is not from the generosity, but the justice of the General Assembly.

Dec. 25, 1822. (Signed)           HARRY TOULMIN.

A bill from the House of Representatives, entitled ‘an act supplementary to an act to establish the permanent seat of justice in the county of Shelby and for other purposes,’ was read the first time. The rule which requires all bills to be read on three several days was dispensed with, and said bill was read the second and third time and passed. Ordered, that the House of Representatives be informed thereof.

A bill from the House of Representatives, entitled ‘an act to define and make plain the western boundary line of Blount county,’ was taken up. The question was put, shall this bill pass? and decided in the affirmative.

Yeas

11-

Nays

4.

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

Mr. President,

Conner

Devereux

McCamy

Moore

Armstrong

Crabb

Hopkins

Metcalf,

Shackleford- 11.

Bibb

Those who voted in the negative, are,

Mr Coats

McVay

Sullivan

Wood- 4.

Ordered, That the House of Representatives be informed of the passage thereof.

The bill to be entitled ‘an act to establish a public road from Ditto’s landing to Marston Mead’s in Blount county,’ was taken up.

Mr. Crabb offered the following amendment to said bill: ‘Provided, that nothing in this act shall be so construed as to authorize the said Tobias Dearick, George D. Staton, and their associates, to erect a turnpike gate or gates on said road until the same shall be cut out from fifteen to


145

twenty feet wide and all banks of creeks and hills put in such order, that loaded wagons can pass with convenience.'

Mr. McVay moved to amend said amendments by the following: ‘Provided also, that the General Assembly may at any time repeal this act when expediency & the public good may require it;’ which was rejected.

Mr. Casey moved to amend said amendment by inserting the following after the word ‘wide,’ ‘twelve feet of which shall be grubbed;’ which was adopted.

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

Mr. Moore offered the following amendment to said bill: ‘Provided, that the privileges herein granted shall not be construed to effect the right of the General Assembly to establish and lay out a state road leading from some point on the Tennessee river, to the head of Jones’ Valley in Jefferson county, should the same come in contact with the road herein granted;’ which was reject.

Yeas

8-

Nays

11.

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

Mr. Coats

Metcalf

Murphy

Sullivan

McVay

Moore

Powell

Wood- 8.

Those who voted in the negative are,

Mr. President

Casey

Crabb

Hopkins

Shackleford

Armstrong

Conner

Devereux

McCamy

Smith- 11.

Bibb

Mr. McVay offered the following amendment to said bill ‘Provided, that it shall and may be lawful for the General Assembly at any time to alter, increase or diminish the rates of toll authorized by this act be received for travelling said turnpike road,’ which was rejected,

Yeas

6-

Nays

13.

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

Mr. Coats

McVay

Moore

Powell

Sullivan

Wood- 6

Those who voted in the negative, are,

Mr. President,

Casey

Devereux

Metcalf

Smith- 13.

Armstrong

Conner

Hopkins

Murphy

Bibb

Crabb

McCamy

Shackleford

Mr. Casey moved to strike out ‘one dollar’ in the 3d section of said bill and insert ‘seventy-five cents,’ to strike out ‘fifty’ and insert ‘thirty-seven and a half,’ to strike out ‘twenty-five’ and insert ‘twelve and a half,’ and to strike out ‘twelve and a half’ and insert ‘six and one fourth,’ which was decided in the affirmative. On motion of  Mr. Powell, Ordered, that the words ‘fifteen years’ be stricken out the last section of said bill. On motion of Mr. Crabb, Ordered, that the words ‘twelve years’ be inserted in the place of those stricken out.

On motion of Mr. Crabb, ordered, that the name of William Bradley be inserted after the name of Tobias Dearick.

Mr. Coats offered the following amendment to said bill, ‘Provided, also that nothing in this act shall be so construed as to authorize Tobias Dearick and his associates to run said road through any part of the Cherokee lands, without first obtaining permission from the Cherokee nation,’ which was adopted. The bill   was then read a third time as amended and passed

Yeas

14 --

Nays

5.

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

Mr. President

Casey

Crabb

McCamy

Shackleford

Armstrong

Coats

Devereux

Metcalf

Smith- 14.

Bibb

Conner

Hopkins

Murphy

Those who voted in the negative are,

Mr. McVay

Moore

Powell

Sullivan

Wood- 5.

T


146

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 bills of the following titles, to wit:

‘An act for the relief of the tax collector of the county of Mobile;’

‘An act to carry into effect the laws of the United States prohibiting the slave trade;’

‘An act to fix the salary of the Treasurer of the Trustees of the University of the state of Alabama;’

‘An act to authorize the Treasurer of this state to receive a sum of money therein mentioned;’

‘An act to appoint commissioners for the superintendence of the public buildings in the counties of Franklin and Lawrence;’

‘An act to amend an act to authorize the Catholic congregation of Christians in the city of Mobile to sell real estate therein mentioned, and for other purposes, passed 27th Nov. 1821;’

‘An act divorcing certain person therein named.’

‘An act to authorize a levy of a county tax in St. Clair county,’

‘An act for the preservation of the several court houses within this state;’

‘A memorial to Congress in relation to the public lands;’

In all of which they desire your concurrence. They have also read a third time and passed a bill originating in your house, entitled

‘An act the better to designate the line between the counties of Jackson and Decatur;’ and have amended the same by adding three additional sections thereto: in which they desire your concurrence.

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

3 o’clock P. M.

The Senate met pursuant to adjournment.

Mr. Powell, from the committee of accounts, made the following report:

‘The committee of accounts, to whom was referred the account of Waitman Gullett, have had the same under consideration, and after having given the same that mature examination which claims involving the rights of individuals should never fail to obtain, are of the opinion, that the same ought not to be granted, it being as is conceived, a county charge: because the law requires each county in this state to erect secure jails for the safe keeping of prisoners; and if that should not be done your committee are of the opinion that the counties respectively are bound to pay all incidental expences attending their removal to the nearest safe jail:

(Signed)           LEVIN POWELL, Chairman.

Which said report was concurred in.    

Ordered, that the senate concur in the amendments made by the House of Representatives to the bill entitled ‘an act the better to designate the line between the counties of  Jackson and Decatur and that the House of Representatives be informed thereof.

A bill to be entitled ‘an act to make appropriations for the payment of certain claims against the state,’ was read the second time, and Ordered to be engrossed for a third reading on Monday next.

On motion of Mr. Casey, the memorial to the Congress of the United States to procure further relief to purchasers of public lands in this state was taken up.

The memorial was read the third time and ordered to be committed to a special committee, consisting of, Messrs. Casey, Moore and Murphy


147

An engrossed resolution for the relief of Matthew D. Thomason, 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.

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 three times and passed bills and resolutions originating in your house,  of the following titles, to wit:

Resolutions instructing our Senators and requesting our Representative in Congress to procure the passage of a law imposing a tonnage duty on all vessels coming into the Port of Mobile, which they have amended,

'An act appointing an agent to receive the three per cent.  fund.’

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

‘An act to regulate proceedings in chancery suits;’

‘An act to provide for leasing the 16th sections, and for the application of the fund arising therefrom to the purposes of education;’

‘An act to authorize the Judge of the county court of mobile county, to purchase a lot of ground for the purpose of erecting thereon, the public buildings of said county;’

‘An act for the relief of purchasers of lots in Cahawba;’ in all of which they desire your concurrence.

They had read a third time and passed, a bill originating in your body entitled

‘An act to repeal in part an act passed the 15th Dec. 1821, concerning Col. Samuel Dale:’ and have amended the same by striking out all the enacting clause, and substituting the accompanying bill; in which amendment, they desire your concurrence.

Ordered, that the vote of the Senate, ordering to a third reading the bill, entitled ‘An act to revise, consolidate and amend the several acts relative to the militia of this state,’ be reconsidered.

Mr. Casey moved to strike out the word ‘four,’ in said bill, where it provides for four company musters per annum;’ which was lost.

Yeas

5-

Nays

14.

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

Mr. President

Bibb

Casey

Devereux

Hopkins- 5.

Those who voted in the negative, are,

Mr. Armstrong

Crabb

Metcalf

Powell

Sullivan

Coats

McCamy

Moore

Shackleford

Wood- 14.

Conner

McVay

Murphy

Smith

Mr. Conner moved to strike out the words ‘death or other’ in the 33d section of said bill, where it provides that, in a non commissioned officer, or private being drafted, and refusing to repair to the place of rendezvous when ordered to do so, shall suffer death, or such other punishment &c. which was lost.

Yeas

7-

Nays

12.

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

Mr. Bibb

Conner

Metcalf

Wood- 7.

Coats

McCamy

McVay

Those who voted in the negative, are,

Mr. President

Crabb

Moore

Shackleford

Armstrong

Devereux

Murphy

Smith

Casey

Hopkins

Powell

Sullivan- 12.

Mr. Armstrong moved to strike out that part of said bill, which exempts officers from Militia duty, after having served seven years, except in case of invasion or insurrection; which was decided in the affirmative.

Yeas

15

Nays

4

 


148

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

Mr. President

Casey

Crabb

McCamy

Murphy

Armstrong

Coats

Devereux

McVay

Powell

Bibb

Conner

Hopkins

Moore

Shackleford- 15.

Those who voted in the negative, are,

Mr. Metcalf

Smith

Sullivan

Wood- 4.

Mr. Smith offered the following amendment to said bill, ‘And be it further enacted, That the boundary lines of no captain’s beat shall hereafter be altered, but with the consent of a Regimental Court Martial,’ which was adopted.

Mr. McVay offered the following amendment to said bill, ‘Provided, that nothing in this act shall be so construed as to authorize a Court Martial to levy a fine on any person who attends muster without a gun if such person will make oath that he has no gun.'

Mr. Moore moved to amend said amendment by the following ‘and that he is unable to purchase a gun without injury to himself or family,’ which was adopted.

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

Mr. Wood offered two additional sections as an amendment to said bill which were adopted. Ordered, that said bill 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 three times and passed bills originating in their house, entitled,

‘An act concerning the printing, binding and disposal of the Digest of the statute laws of the state of Alabama;’

‘An act to legalize the election of certain officers in Decatur county;’

‘An act for the relief of Sarah Strother, administratrix of George H. Strother, deceased;’ in all of which they desire your concurrence.

They insist on their disagreement to the amendments made by your honorable body to the bill, entitled

‘An act to provide for the emancipation of slaves.’

They concur in the amendments of your honorable body to the bills of the following titles, to wit: ‘An act for the relief of the tax collector of Lawrence county for the year 1821;’ and

‘An act authorizing Elisha Thomas and Davis Gurley and their associates to turnpike a certain road therein designated.’

They have also read a third time and passed a bill a bill originating in their house, entitled ‘an act further to regulating proceedings in suits at law;' 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:

Resolution for the relief of John A. Elmore.

‘An act to provide for the payment of the compensation allowed by law, to the commissioners appointed to lease the lands belonging the University of Alabama;’ Resolution requesting the Governor to procure a correct map of this State.’ They have read three times and passed a bill originating in their house entitled

‘An act to provide for the election of justices of the peace & constables,’ in which they desire your concurrence.

They have concurred in the amendments made by your honorable body to bills of the following titles, to wit:

‘An act to establish a certain road therein named;’


149

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

'An act to establish a public road from Ditto’s landing to Marston Mead’s in Blount county;’

Mr. Bibb moved to reconsider the vote of the Senate on the question to postpone till the next session of the General Assembly, the bill 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;’ which was decided in the affirmative

Yeas

10-

Nays

9.

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

Mr. President

Bibb

Crabb

McCamy

Powell

Armstrong

Conner

Hopkins

Moore

Shackleford- 10.

Those who voted in the negative, are,

Mr. Casey

Devereux

Metcalf

Smith

Wood- 9.

Coats

McVay

Murphy

Sullivan

On motion, the Senate adjourned till Monday morning 9 o’ clock.