Wednesday, December 4, 1822.

The Senate met pursuant to adjournment.

Mr. Hopkins from the judiciary committee, to whom was referred a bill, to be entitled, ‘an act concerning inquiry of damages,’ reported the same without amendment.


52

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

Mr. Smith presented the petition of James Mixon; which was read, and,

On motion, referred to the committee on propositions and grievances.

Mr. Hopkins, from the judiciary committee to whom was referred a bill to be entitled, ‘an act concerning intestates’ estates,’ reported the same without amendment.

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 the granting of letters testamentary without security in certain cases,’ reported the same without amendment.

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 the better to secure debts on Writs of Error,’ reported the same as amended, which was concurred in.

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

Mr. Bibb, from the committee on propositions and grievances, to whom was referred the petition of Abraham Pierce, reported, that the prayer of the petitioner is reasonable, and ought to be granted; which was concurred in.

Mr. Sullivan from the committee on Divorce and Alimony, to whom was referred a bill, to be entitled ‘an act to divorce Robert Bransford from his wife Jane Bransford,’ reported the same without amendment; which was concurred in.

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

Mr. Hopkins obtained leave to introduce a bill, to be entitled, ‘an act to enforce the payment of monies collected by officers of courts;’ 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. Moore obtained leave to introduce a bill, to be entitled ‘an act to prevent free negroes from selling spirituous liquors in this state;’ 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. Murphy from the special committee to whom was referred the resolution of the senate, instructing them to inquire into the expediency of altering the constitution, so as to have but one meeting of the General Assembly in two years, leaving in to the Governor of the state to call a meeting, if he should deem it necessary to assembly oftener,  reported, the imperfection of our general laws, and the necessary adjustment of our local interests render it inexpedient, at present, to make any alteration,

Mr. McVay moved, that the senate disagree to said report.

And on the question being put it was decided in the affirmative.

Yeas

11

Nays

8.

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


53

Mr. President

Hopkins

Metcalf

Shackleford

Conner

McCamy

Moore

Wood- 11

Crabb

McVay

Powell

Those who voted in the negative, are,

Mr. Armstrong

Casey

Devereux

Smith

Bibb

Coats

Murphy

Sullivan- 88

On motion, ordered, that the judiciary committee be instructed to prepare and report a resolution having for its object, the alteration proposed.

Mr. Armstrong, from the special committee to whom was referred a resolution upon the subject of the public printing, reported a bill, to be entitled; 'an act to provide for the printing of the laws and journals, and for other purposes;’ 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 ‘to alter and amend an act extending the jurisdiction of the county court of Mobile county, passed 17th December 1821;’ 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. McCamy obtained leave to introduce a bill, to be entitled ‘an act to exempt those from the payment of a state tax, who have not resided in the state twelve months,’ which was read the first time.  Ordered, that said bill be made the order of the day for a second reading on Saturday next.

A bill to be entitled ‘an act to alter the mode of drawing grand and petit jurors;’ and a bill, to be entitled ‘an act to prevent frivolous and vexatious law suits,’ were severally read the second time.  Ordered, that said bills be committed to the committee on the Judiciary to examine and report thereon.

A bill to be entitled ‘an act to alter the time of holding the general elections in this state,’ was read the second time.  On motion of Mr. Murphy, ordered, that said bill lie on the table.

A bill to be entitled ‘an act to manumit certain slaves therein named;’

And a bill to be entitled ‘an act to incorporate the Huntsville Fire Engine company;’ were severally read the second time.  Ordered, that said bills be made the order of the day for a third reading on to-morrow.

Mr. Moore obtained leave to introduce a resolution providing for the appointment of persons to examine the manuscript copy of the Digest of the laws of this state; which was read the first time.

On motion of Mr. Moore, the rules which requires all joint resolutions to be read on three several days was dispensed with, and said resolution was read the second time.

Mr. Powell moved to strike out all of said resolution after the words ‘And be it further resolved,’ and insert in lieu thereof, the following: 'that the persons so elected shall receive                        dollars per day, for each day they may be thus actually employed;’ and on the question being put, it was decided in the affirmative.

Mr. Murphy moved to amend said resolution, by the following: ‘And also to report, whether the work be sufficiently correct to justify an immediate publication of it;’ which was adopted.

On motion ordered that said resolution lie on the table.

A message from the House of Representatives by Mr. Dodson their clerk: Mr. President and Gentlemen of the Senate:

I am instructed by the House of Representatives to inform your Hon-


54

ourable body, that they have read a third time and passed, a bill originating in your honorable body, entitled ‘an act to prevent immoral and disorderly conduct at placed of religious worship;’ and have amended the same by striking therefrom in the second section, the words ‘poor of the,’ where they occur in these words, ‘and the other half to the poor of the county;’ in which amendment 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. John D. Bibb, a senator from Montgomery and Butler, obtained leave to spread his reasons upon the Journal for voting with the minority, who were on a resolution offered for that purpose opposed to altering the constitution, so as to admit of biennial instead of annual sessions of the legislature; which are as follow, to wit:

1.  The local interests of the state are various, and but very few of them have been settled by the legislature.  Our state is year in her infancy, and cases necessarily requiring legislation are frequently arising, and much inconvenience and oppression would be felt throughout the state, if the public and not the opportunity of laying their grievances before the legislature, and request their interference at least once a year.

2.  On the score of expense, nothing would be gained, for if the legislature meet only once in two years, their sessions would necessarily be as long as two sessions now are.

3.  There is not more time now taken up in deliberating on the business coming before the Legislature, than is necessary for correctly and properly performing the duties requires of members.

4.  If any circumstance would tend to shorten the time which ought always to be allowed for doing business correctly, biennial sessions would produce that effect.

5.  A change of the present system would subject the members to great inconvenience on account of the unusual length of time they would be absent from their families and private business.

6.  Long sessions are not favorable to the active investigation of the business of the state; inasmuch, as the minds of the members would become wearied with the accumulation of the labour that would necessarily grow out of a biennial session.

7.  An alteration of the constitution at this time is not desirable, for it has not been proved by the test of experience, and I am unwilling to make any amendments thereto, until we shall have discovered all its defective parts, then let there be a general revision.

8.  The plan of amending the constitution by piece-meals, often subjects the community to great inconvenience on account of the difficulty of ascertaining, what the constitution really is.  In some of the states the constitutions have been so frequently altered, and those alterations embodied in the acts of the Legislature, that before the constitution can be known, it is necessary to examine the different volumes of the acts passed for several years.

9.  I am opposed to the amendment in this particular, because there would arise an imperious necessity for correspondent amendments, affecting materially the vitals of the constitution.

JOHN D. BIBB.

On motion of Mr. Armstrong, the Senate concurred in the amendments made by the House of Representatives to the bill, to be entitled ‘an act to prevent immoral and disorderly conduct at places of religious worship.’


55

A bill from the House of Representatives, to be entitled ‘an act to authorize David Peobles to continue a toll bridge erected over the Escambia creek in the county of Conecuh,’ was read the second time.

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

A message was received from the House of Representatives, by Mr. Dodson, their clerk, informing the Senate, that they had read the third time and passed a bill, to be entitled ‘an act for the relief of the Huntsville Bank;’ in which they desire the concurrence of the Senate.

A bill to be entitled ‘an act for the relief of purchasers of lots at the first sale in the town of Cahawba,’ was read the second time.

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

On motion ordered, that Mr. Devereux be added to the committee on roads, bridges and ferries.

A bill form the House of Representatives, to be entitled ‘an act for the relief of the Huntsville Bank,’ was read the first time.

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

A bill to be entitled ‘an act to establish a public road from Ditto’s landing to Marston Mead’s in Blount county,’ was read the second time.

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

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

Mr. President and Gentlemen of the Senate:

I am instructed by the House of Representatives to inform your honorable body, that they have read the third time and passed.

‘An act to amend an act to appoint Commissioners to lay out certain specified roads, and for other purposes;’

‘An act concerning the Judges of the County courts;’ which originated in this House, and in which they desire your concurrence.

A bill to be entitled ‘an act for the relief of John P. Hickman and Richard Ellis,’ was read a second time.

On motion 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 divorce Nathan Briley from his wife Elizabeth Briley,’ was read the second time.

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

A bill from the House of Representatives, to be entitled ‘an act concerning the Judges of the county court;’ and A bill to be entitled ‘an act to amend an act to appoint commissioners to lay out certain specified roads, and for other purposes;’ were read the first time.  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 Brice M Garner to build a certain toll bridge therein named,’ was read the second time.  On motion Ordered, that said bill be referred to the committee on Roads, Bridges and Ferries to examine and report thereon.

On motion of Mr. Metcalf, Ordered, that Mr. Conner be added to the committee on Roads, bridges and Ferries.

A bill from the House of Representatives, to be entitled ‘An act to suppress the evil practice of fire hunting,’ was read the third time.

Mr. Devereux offered the following amendment to said bill, by way of


56

rider: Provided also, that this act shall not be in force in the counties of Conecuh, Covington, Henry and Pike; and Provided, that the laws on the subject of fire hunting shall continue to operate in said counties;’ which was rejected.  The question was then put, shall this bill pass ? and decided in the negative. 

Yeas

9. 

Nays

9. 

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

Mr. President

Casey,

McVay,

Smith,

Wood.- 9.

Bibb,

McCamy,

Metcalf,

Sullivan,

Those who voted in the negative are,

Mr. Armstrong,

Conner,

Devereaux,

Moore,

Shackleford- 9.

Coats,

Crabb,

Hopkins,

Powell,

A bill to be entitled ‘An act to incorporate the town of Asheville, in the county of St., Clair,’ was read the third time, and on the question, shall this bill pass ? it was decided in the affirmative. 

Yeas

17.

Nays

1

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

Mr. President,

Coats,

Hopkins,

Moore,

Wood,-17.

Armstrong,

Conner

McCamy,

Powell,

Bibb,

Crabb

McVay,

Shackelford,

Mr. Sullivan, in

Casey,

Devereaux,

Metcalf,

Smith,

the negative.

Ordered, That said bill be returned to the House of Representatives, from whence it came.

A bill from the House of Representatives to be entitled ‘an act to authorize the administrators of William Nelson, deceased, to sell and convey certain real estate,’ was read the third time.

Mr. Casey offered the following amendment to said bill, by way of rider: 'Provided, that said administrators shall give thirty days notice in two or more public places of the time of sale.’  On motion, the rule which requires all amendments by way of rider to be read on three several days, was dispensed with: and said rider was read three several times and adopted.  Said bill was then passed as amended.  Ordered, that the Secretary notify the House of Representatives thereof, and desire their concurrence in the amendment made thereto.

A bill from the House of Representatives, to be entitled ‘an act to authorize the Governor of this state to remit all or part of any forfeiture, which has or may hereafter accrue to this state,’ was read the third time and passed.

Ordered, That the House of Representatives be informed thereof.

A bill from the House of Representatives, to be entitled ‘an act to authorize the administrator and administratrix of John Ellis, deceased to sell and convey certain real estate,’ was read the third time.

Mr. Casey offered the following amendment to said bill by way of rider: ‘Provided, that at least thirty days notice shall be given of the time of said sale, in two or more pubic places;’ which was read three several times and adopted.  Said bill was then passed as amended.

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

The further orders of the day were postponed until to-morrow.

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