Monday, Dec.  30, 1822.

The Senate met pursuant to adjournment

On motion of Mr. Wood, the bill, entitled ‘an act to revise, consolidate, and amend the several acts relative to the Militia of this state,’ was taken up.

Mr. Wood moved to fill the blank in the 41st section of said bill where it relates to volunteer companies with the word ‘fifty;’ which was lost.

Yeas

6

Nays

12

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

Mr. President

Casey

Conner

McCamy

Murphy

Wood- 6.

Those who voted in the negative, are,

Mr. Armstrong

Crabb

McVay

Moore

Shackleford

Bibb

Devereux

Metcalf

Powell

Smith- 12

Coats

Hopkins

Mr. Coats moved to fill said blank with the word ‘forty;’ which was decided in the affirmative.

Mr. Bibb moved that the further consideration of said bill be indefinitely postponed, which was lost.

Yeas

3-

Nays

15.

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

Mr. President

Bibb

Hopkins- 3.

Those who voted in the negative, are

Mr. Armstrong

Conner

McCamy

Moore

Shackleford

Casey

Crabb

McVay

Murphy

Smith

Coats

Devereux

Metcalf

Powell

Wood- 15.

Mr. Armstrong moved to strike out that part of said bill which authorizes staff officers to vote in elections for Major and Brigadier Generals; and also to strike out the words ‘Adjutant Generals of division and,’ which was decided in the affirmative.

Mr. Casey offered the following proviso to the 56th section of said bills ‘Provided, they shall receive no pay unless they make return of the strength of their brigades to the Adjutant General so as to enable him to make a return to the War Department of the strength of this state;’ which was adopted.

Mr. Moore moved to strike out the words ‘two hundred dollars,’ the salary of the Adjutant General, and insert in lieu thereof, ‘one hundred;’ which was decided in the affirmative.

Yeas

11-

Nays

6.

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

Mr. President

Devereux

McCamy

Metcalf

Powell

Armstrong

Hopkins

McVay

Moore

Shackleford

Conner

 


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Those who voted in the negative, are,

Mr. Casey

Murphy

Smith

Sullivan

Wood- 6.

Coats

Mr. Powell moved to strike out the word ‘five’ in the 56th section of said bill, and insert in lieu thereof, the word ‘three,’ which was decided in the affirmative.

Mr. Coats offered the following amendment to the 21st section of said bill: ‘Provided, that the Quarter Master General shall receive no salary except he keep the public arms in good order, which are deposited in the state arsenal;’ which was adopted. The bill was then read the third time as amended, and passed.

Yeas

13-

Nays

6.

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

Mr. Casey

McCamy

Moore

Shackleford

Wood- 13.

Coats

McVay

Murphy

Smith

Conner

Metcalf

Powell

Sullivan

Those who voted in the negative, are,

Mr. President

Armstrong

Bibb

Crabb

Devereux

Hopkins- 6.

Ordered, That the secretary inform the House of Representatives thereof, and desire their concurrence in the amendments made thereto.

A message from the House of Representatives by Mr. Dodson, informing the Senate, that they had read a third time and passed.

‘Resolutions concerning the loan from the Tombeckbee Bank;’ which originated in the Senate.

The Senate according to order, resolved itself into a committee of the whole, on the bill to be 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 act as are repugnant to the provisions of this act;’ Mr. Armstrong in the chair; and after some time spent therein the committee rose, and Mr. Armstrong reported the same with sundry amendments; which were concurred in.

On motion the senate adjourned till 4 o’clock P. M.

4 o’clock, P. M.

The senate met pursuant to adjournment.

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

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

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

‘An act to define and make plain the western boundary line of Blount county;’

‘An act for the relief of the tax collector of Lawrence county for the year 1821;’

‘An act to alter the boundaries of Perry county;’

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

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

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

‘An act concerning writs of error corman vobis;’

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

‘An act to establish a public road from Ditto’s landing to Marston Mead’s in Blount county;’ which was signed by Mr. President.

A message from the house of representatives, by Mr. Dodson their clerk:

Mr. President, the house of representatives have read three time and


151

passed, bills and a resolution, originating in your honorable body, entitled

'Resolutions defining more particularly the boundary line of certain counties therein mentioned, and for other purposes;’

‘An act in relation to the estate of James White;’

‘An act to authorize the administrator of Davis H. Mayhew, deceased, to sell real estate;’

‘An act authorizing George Cox, administrator of Benjamin Cox, deceased, to sell and transfer certain real estate;’

‘An act to authorize the administrators of John Lucas and the administrator of John Waugh, deceased, to sell real estate.’

They concur in the amendments made by your honorable body to the bill, entitled ‘An act to revise, consolidate and amend the several acts relative to the militia of this state;’

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

‘An act authorizing the emancipation of a negro man named Martin;’

‘An act more effectually to secure the public revenue;’

‘An act authorizing the legal representative of R. H. Draughon to dispose of certain real estate therein named;’

‘An act concerning the Council of the town of Belle Fonte;’

‘An act to extend the time of payment and to secure a certain sum of money due to this state from John M Taylor;’

‘An act making appropriations for the payment of certain claims against the state;’

‘An act for the relief of Edmund Freeman late tax collector of Baldwin county;’ in all of which they desire your concurrence.

They have also read a third time and passed a bill, entitled

‘An act authorizing the administrator of John Turrentine, and the administrator and administratrix of William Lambkin, deceased, to sell certain lands therein designated;’ in which they desire your concurrence.

Mr. McVay offered the following resolution: ‘Resolved, that with the concurrence of the house of representatives, the two houses will convene in the representative hall on Friday at 4 o’clock, P. M. for the purpose of selecting a site for the location of the state University; and also for the female branches of said institution.'

Mr. Casey moved, that the further consideration of said resolution be postponed until the first day of the next session of the General Assembly; which was decided in the affirmative –

 Yeas

10 -- 

Nays

8.

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

Mr. Casey

Conner

 McCamy

Murphy

Sullivan

Coats

Devereux

Metcalf

Smith

Wood- 10.

Those who voted in the negative, are,

Mr. President

Crabb

McVay

Powell

Armstrong

Hopkins

Moore

Shackleford- 8

Mr. Wood moved, that the further consideration of 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,’ be postponed until the first day of the next session of the General Assembly; which was decided in the affirmative.

Yeas

10-

Nays

8.

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

Mr. Casey

Crabb

McCamy

Murphy

Sullivan,

Coats

Devereux

Metcalf

Smith

Wood- 10.

Those who voted in the negative, are,

Mr. President

Conner

McVay

Powell

Armstrong

Hopkins

Moore

Shackleford- 8.

 


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Ordered that the senate concur in the amendments made by the house of representatives to the bill, entitled ‘an act to repeal in part, an act passed Dec. 15, 1821, concerning Col. Samuel Dale;’ and to the 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: and that the house of representatives be informed thereof.

Ordered, that the senate adhere to their amendments to the bill entitled

‘An act for the emancipation of slaves;’ and that the house of representatives be informed thereof.

Resolutions from the house of representatives, concerning purchaser of lots in the town of Cahawba, were read the first time: the rule which requires all bills and resolutions were read on three several days being dispensed with, said resolutions were read the second time.

On motion of Mr. Moore, ordered, that the word ‘May’ be stricken out and March inserted in lien thereof. The rule was further dispensed with, and said resolutions were read the third time and passed.

Ordered, that the house of representatives be informed thereof.

Resolution authorizing commissioners to establish a road leading from the city of Mobile to the line of the state of Mississippi, 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 and third time.

Mr. Coats offered the following amendments to said resolution, by way of rider, ‘Provided, the said commissioners shall receive no pay from the State Treasury;’ which was read three several times and adopted.

Said resolutions were further amended by way of rider, and passed.

Ordered, that the words ‘for other purposes’ be added to the title, and that the same be returned to the House of Representatives for their concurrence.

A bill from the House of Representatives entitled ‘an act to repeal an act entitled an act incorporating the towns of Jackson;’

‘An act relative to turnpike roads;’

‘An act, to provide for the election of justices of the peace and constables;'

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

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

‘An act for the relief of Sarah Strother, administratrix of the estate of Geo. H. Strother, deceased;’ were severally read the first time, the rule which requires all bills to be read on three several days being dispensed with, said bills were 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 further to regulate proceedings in suits at law,’ 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 laid upon the table.

‘A Memorial from the House of Representatives, to the Congress of the United States, in relation to the public lands,’ was read the first time the rule which requires all memorials to be read on three several days was dispensed with, and said memorial was read the second and third time and passed.  Ordered, that the house of representatives be informed thereof.


153

A bill from the House of Representatives entitled ‘an act to fix the salary of the Treasurer of the Trustees of the University of the state of Alabama,’ was read the first time and ordered to be read the second time on to-morrow.

A bill from the house of representatives entitled ‘an act concerning the printing, binding & disposal of the digest of the statute laws of the state of Alabama,’ was read the first time & ordered to be laid upon the table.

A bill from the House of Representatives, entitled ‘an act divorcing certain persons 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 and referred to the committee on Divorce and Alimony.

A bill from the House of Representatives entitled ‘an act for the preservation of court houses within this state:’

‘An act authorizing a levy in St. Clair county, for the purpose of building a court house:’

‘An act to amend an act, to authorize the Catholic congregation of Christians in the city of Mobile to sell real estate therein named, and for other purposes,’ were severally read the first time.

The rule which requires all bills to be read on three several days was further dispensed with, and sad bill was read the third time as amended & passed. Ordered, that the House of Representatives be informed thereof.

A bill from the House of Representatives entitled ‘an act to appoint two commissioners for the superintendence of the public buildings in the counties of Franklin and Lawrence:’ 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 word ‘two’ be stricken out of the caption, and that the House of Representatives be informed of the passage thereof.

Mr. Conner moved, the Senate adjourn till Monday morning at 9 o’ clock: which was lost—

Yeas

8 - 

Nays

9.

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

Mr. Armstrong

Conner

McCamy

Shackleford

Coats

Devereux

Powell

Sullivan- 8.

Those who voted in the negative, are,

Mr. President

Hopkins

Metcalf,

Murphy

Wood- 9.

Crabb

McVay

Moore

Smith

Mr. Shackleford moved, that the Senate adjourn till 7 o’clock, this evening; which was lost.

Yeas

5

Nays

12.

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

Mr. President

Hopkins

Moore

Murphy

Shackleford- 5.

Those who voted in the negative, are,

Mr. Armstrong

Conner

Devereux

McVay

Sullivan

Coats

Crabb

McCamy

Metcalf

Smith

Powell

Wood- 12.

A bill from the house of representatives, entitled ‘An act to authorize the treasurer of the state to receive a sum of money therein mentioned:' 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 of representatives be informed thereof.

A bill from the house of representatives entitled ‘An act to carry into effect the laws of the United States prohibiting the slave trade,’ was read the first time, and laid upon the table.

A bill from the house of Representatives entitled ‘An act for there-

U


154

lief of the tax collector of the county of Mobile,’ was read the first time and ordered to be read the second time on to-morrow.

A bill from the House of Representatives, entitled ‘an act to authorize the Judge of the county court of Mobile, to purchase a lot of ground for the purpose of erecting thereon the public buildings of said county;’ 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 regulate proceedings in chancery suits,’ was read the first time and ordered to be read a second time on to-morrow.

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