47

Tuesday, 3d Dec. 1822.

The senate met pursuant adjournment.

Mr. Powell presented the petition of George Cox, administrator of Benjamin Cox, deceased, praying the passage of a law authorizing him to sell certain real estate; which was read, and on motion referred to a special committee, consisting of Messrs. Powell, Sullivan and Wood.

Mr. Conner presented the petition of sundry inhabitants of St. Clair county, praying the passage of a law authorizing William McCaig to erect a toll-bridge over Canoe Creek, in said county; which was read and on motion referred to the committee on roads, bridges and ferries. Mr. Bibb, from the committee on propositions and grievances to whom was referred a resolution of the senate instructing them to enquire into the expediency of retrenching the compensation allowed the officers of this state and the members of the general assembly reported, that it is inexpedient to retrench.

Ordered, that said report, lie on the table.

Mr. Hopkins, from the judiciary committee, to whom was referred a bill, to be entitled an act to authorize the administrator and administratrix of Robert Gillaspey, deceased, to sell certain lands therein named, reported the same without amendment.

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

Mr. Hopkins, from said committee, to whom was referred a bill to be entitled an ‘act to authorize Fathers to devise the custody and tuition of their infant children;’ reported the same with sundry amendments which were concurred in.

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

Mr. Powell presented a communication from the Hon. Harry Toulmin notifying the general assembly of his having completed the digest of the laws of this state; which was read and ordered to lie on the table.

Mr. Bibb obtained leave to introduce a bill, to be entitled ‘an act to alter the mode of drawing grand and petit jurors,’ which 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.

Mr. Powell obtained leave to introduce a bill, to be entitled ‘an act to prevent frivolous and vexations law suits,’ 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. Armstrong obtained leave to introduce a bill, to be entitled ‘an act for the government of the Port and Harbor of Mobile,’ which was read the first time.

On motion, Ordered, that said bill be made the order of the day, for a second reading on Thursday next.

On motion, of Mr. Crabb the committee of the whole was discharged from the consideration of the bill to be entitled 'an act to establish a road from the House of John Gandie in Morgan county to Baltimore, in Blount county.’

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

Mr. Armstrong obtained leave to introduce a bill to be entitled ‘an act to alter the time of holding the general elections in this state,’ which was read the first time.


48

On motion, Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives, to be entitled ‘an act to manumit certain slaves therein named;’

A bill, to be entitled ‘an act to incorporate the Huntsville Fire Engine company,’ and

A bill, to be entitled ‘an act to authorize David Peobles, to continue a toll bridge erected over the Escambia Creek, in the county of Conecuh,’ 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.

A bill, to be entitled ‘an act to authorize the administrator of Samuel Herberson, deceased, to sell a certain tract of land therein designated,' was read the second time.

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

A bill, to be entitled ‘an act concerning damages,’ was read the second time.

On motion, Ordered, that said bill be committed to the judiciary committee, to examine and report thereon.

On motion, ordered, that the bill to be entitled ‘an act to give Jackson county an additional election precinct,' be laid on the table.

A bill, to be entitled ‘an act concerning interstate’s estates,’ was read the second time.

Ordered, that said bill be committed to the committee on the judiciary to examine and report thereon.

A bill, to be entitled ‘an act to authorize the granting of letters testamentary, without security in cases therein named,’ which was read the second time.

On motion, ordered, that said bill be committed to the committee on the judiciary to examine and report thereon.

Message from the House of Representatives, by Mr. Morton, a member thereof.

Mr. President an Gentlemen of the Senate,

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, that a joint committee be appointed to take into consideration the communication of the Hon. Harry Toulmin, on the subject of digesting the laws of the state of Alabama in which they desire your concurrence.

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

‘An act divorcing Nathan Bailey, from his wife Elizabeth Briley;’

‘An act for the relief of John P. Hickman and Richard Ellis;’

‘An act to establish a public rod from Ditto’s landing to Marston Mead’s, in Blount county;’

‘An act for the relief of purchasers of lots at the first sale, in the town of Cahawba;’ and

‘An act to authorize Brice M. Garner, to build a certain toll bridges therein named.'

In all of which, they desire your concurrence.

Mr. Moore, from the committee on enrolled bills, reported that said committee had examined the following acts, and found the same correctly enrolled, to wit:


49

‘An act permanently to fix the seat of justice for the county of Blount;’

‘An act authorizing Augustus Baudry to emancipate a certain salve therein named;’

‘An act to change the name of, and legitimate a certain person therein named;’ and

‘An act to repeal in part an act supplementary to an act entitled an act to incorporate the city of Mobile passed the 17th December 1819;’ which were accordingly signed by Mr. President.

A bill from the house of representatives, to be entitled ‘an act for the relief of purchasers of lots, at the first sales, in the town of Cahawba;’

A bill, to be entitled ‘an act to establish a public road from Ditto’s landing to Marston Mead’s in Blount county;’

A bill, to be entitled ‘an act for the relief of John P. Hickman and Richard Ellis;’

A bill, to be entitled ‘an act divorcing Nathan Briley, from his wife Elizabeth Briley;’

A bill, to be entitled ‘an act to authorize Brice M. Garner to build a certain toll bridge therein named,’ were severally read the firs time.  On motion, ordered that said bills be made the order of the day for a second reading on to-morrow.

On motion of Mr. Moore, the committee of the whole was discharged from the consideration of the resolution for the relief of Seaburn J. Whatley, late tax collector of Conecuh county.

Mr. McVay moved that the further consideration of said resolution be indefinitely postponed; and on the question being put, it was resolved in the affirmative.

The Senate according to order, resolved itself into a committee of the whole, on the bill to be entitled ‘an at to amend an act, passed 4th March 1803, revised and amended February 10, 1807,' Mr. Casey in the chair- and after some time spent therein, the committee rose, and Mr. Casey reported the same with sundry amendments, which were not concurred in.

Mr. Bibb offered the following to the first section of said bill: ‘Provided, that the defendant shall be held to bail in double the amount in al cases;' which was adopted.

Mr. Moore offered the following amendment to the last section of said bill, ‘Provided,  that nothing in this act contained shall be so construed as to subject to the penalty herein before prescribed any person who may have furnished or given any spirituous or intoxicating liquors to any Indian without having received or the intention to receive any compensation therefor,’ which was adopted.

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

On motion of Mr. Conner, the committee of the whole was discharged from the consideration of the bill to be entitled ‘an act to incorporate the town of Asheville in the county of St. Clair.’

Ordered, That said bill be made the order of the day for a third reading on to-morrow.

`On motion, the Senate adjourned till 3 o’clock.

Evening Session.

The senate met pursuant to adjournment.

On motion of Mr. Hopkins, the committee of the whole was discharged from the consideration of the bill to be entitled ‘An act to authorize the administrator and administratrix of John Ellis, deceased, to sell and

G


50

convey certain real estate.’  Ordered, that said bill be made the order of the day, for a third reading on to-morrow.

The Senate according to order, resolved itself into a committed of the whole, on the bill to be entitled ‘An act to authorize the Governor of this state, to remit all or part of any forfeiture which has or may accrue to this state’--  Mr. Bibb in the chair; and after some time spent therein, the committee rose, and Mr. Bibb reported the same without amendment.  Ordered, that said bill be made the order of the day, for a third reading on to-morrow.

On motion, the committee of the whole was discharged from the consideration of the bill to be entitled ‘An act authorizing the administrator of William Nelson, deceased, to sell and convey certain real estate.'  Ordered, that said bill be made the order of the day, for a third reading on to-morrow.

On motion of Mr. Hopkins, the committee of the whole, was discharged from the consideration of the bill to be entitled ‘An act to divorce Robert Bransford from his wife Jane Bransford.’ On motion, ordered that said bill be committed to the committee on divorce and alimony, to examine and report thereon.

A bill from the House of Representatives, to be entitled ‘an act concerning miller,’ was read the third time.

Mr. Sullivan offered the following amendment to said bill by way of rider: ‘Provided, that all millers shall be compelled to keep a register of all bags, sacks, barrels, or boxes which may be marked, and come to any mill, or mills, which register shall be open at all times for any person or persons to inspect;’ and on the question being put on the adoption of said amendment, it was decided in the negative.

Mr. Wood offered the following amendment to said bill by way of rider; ‘And be it further enacted, That millers shall be required to provide sealed measures by the first day of March next, and in case of their refusing or neglecting to comply with the above requisition, the owner or owners of any mill or mills in this state, shall forfeit and pay thirty dollars, to be recovered before any justice of the peace, one half to the informer, and the other half to the use of the county: Provided, the clerk of the county is able to furnish a standard measure.’  On motion, the rule which requires all amendments by way of rider to be read on three several days was dispensed with, and said amendment was read three several times instanter and adopted.  The question was then put, Shall this bill pass? and decided in the negative.

Yeas

7

Nays

12.

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

Mr. President

Hopkins

Metcalf

Wood- 7

Bibb

McCamy

Murphy

Those who voted in the negative, are,

Mr. Armstrong

Conner

McVay

Powell

Smith

Casey

Crabb

Moore

Shackleford

Sullivan- 12.

Coats

Devereux

A bill from the House of Representatives, to be entitled ‘an act to organize the counties of Covington and Pike,’ was read the third time as amended and passed.  Ordered, That the secretary notify the House of Representatives thereof, and desire their concurrence in the amendments made thereto.

Mr. Bibb offered the following resolution:

‘Resolved, That with the concurrence of the House of Representa-


51

tives, the members of the Senate assembly in the representative chamber on Thursday next, for the purpose of electing a member to the Senate of the United States, to fill the vacancy created by the resignation of the Hon. John W. Walker.’  And on the question being put, it was decided in the negative.

Yeas

9

Nays

10.

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

Mr. President

Bibb

Hopkins

McVay

Wood- 9.

Armstrong

Conner

McCamy

Shackleford

Those who voted in the negative, are

Mr. Casey

Crabb

Metcalf

Murphy

Smith

Coats

Deveraux

Moore

Powell

Sullivan- 10.

Mr. Wood offered the following resolution:

Resolved, That with the concurrence of the House of Representatives,’ the members of the Senate assembly in the representative chamber on Monday next, for the purpose of electing a member to the Senate of the United States, to fill the vacancy crated by the resignation of the Hon. John Walker.’

Mr. Crabb moved to strike out the words ‘Monday next,’ in said resolution, and insert in lieu thereof, the words ‘next Saturday week.’

And on the question being put, it was decided in the negative.

Yeas

7

Nays

12.

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

Mr. Casey

Crabb

Murphy

Smith

Sullivan- 7.

Coats

Devereux

Those who voted in the negative, are,

Mr. President

Conner

McVay

Moore

Shackleford

Armstrong

Hopkins

Metcalf

Powell

Wood- 12.

Bibb

McCamy

Mr. Powell moved to strike out the words ‘Monday next,’ in said resolution; and on the question being put, it was resolved in the negative.

Mr. Casey moved to amend said resolution by inserting at the conclusion thereof the following: ‘And also a senator to serve for six years in the Congress of the United States, in the place of William R. King, whose term of service expires on the 4th of March next;’ and on the question being put on the adoption of said amendment, it was decided in the negative.

Mr. Powell moved to amend said resolution, by inserting the words ‘at the hour of four o’clock P.M.’ after the words ‘Monday next;’ and on the question being put, it was decided in the affirmative.

The question was then put on the adoption of said resolution as amended, and decided in the affirmative.  Ordered, that the same be sent to the House of Representatives for their concurrence.

An engrossed resolution 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, was read the third time and passed.

Ordered, that the title of said resolution be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

On motion, the Senate adjourned till to-morrow morning at 10 o’clock.