Thursday, 5th December, 1822.

The Senate met pursuant to adjournment.

Mr. Crabb presented the petition of Neal Patterson, praying to be remunerated for expense incurred in pursuing and apprehending a person charged with murder, and in attending court as a witness on the part of the state; which was read and referred to the committee on propositions and grievances.


57

Mr. Conner moved to reconsider the vote of the Senate on the passage of the bill, to be entitled ‘an act to suppress the evil practice of fire-hunting;’ and on the question being put, it was resolved in the affirmative.  The question was then put, shall said bill pass?  and decided in the affirmative.

Ordered, That the House of Representatives be informed thereof.

On motion of Mr. Casey, the following resolution was adopted: ‘Resolved, that the committee on roads, bridges and ferries, inquire into the expediency of causing a road to be marked out from Line creek, to Coffeeville in Clarke county.'

An engrossed bill, to be entitled ‘an act to authorize Fathers to devise the custody and tuition of their infant children,’ was read the third time.

Mr. Bibb offered the following amendment to said ill, by way of rider: ‘Provided, that nothing herein contained shall authorize fathers to devise the guardianship of such children as are, or may be hereafter legitimated by the General Assembly;’ which was rejected.

Mr. Wood offered the following amendment to said bill, by way of rider: 'Provided, that provisions in this act shall not be carried into effect except such cases where the Judge of the county court deems in necessary for the benefit of orphan children, by the consent of the mother, or such other circumstances as may make it indispensable necessary for the benefit of orphan children’ which was rejected.  The question was then put, shall said bill pass?  and decided in the affirmative.

Yeas

11

Nays

7.

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

Mr. President

Casey

Devereux

Moore

Shackleford

Armstrong

Crabb

Hopkins

Powell

Smith- 11.

Bibb.

Those who voted in the negative, are,

Mr. Coats

McCamy

Metcalf

Sullivan

Wood- 7.

Conner

McVay

Ordered, That the title of said bill be ‘an act to authorize fathers to devise the custody and tuition of their infant children,’ and that the same be sent to the House of Representatives for their concurrence.

Mr. Powell, from the special committee, to whom was referred the petition of George Cox, administrator of Benjamin Cox, deceased, reported a bill to be entitled ‘to authorize George Cox, administrator of Benjamin Cox, deceased, to sell an transfer certain real estate;’ which was read the first time.  On motion, 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. Casey offered the following amendment to said bill: 'Provided, that twenty days notice shall be given in the newspaper published in the town of Tuskaloosa previous to the sale;’ which was adopted.  Ordered, that said bill be engrossed and made the order of the day, for a third reading on to-morrow.

Mr. Shackleford offered the following resolution: 'Resolved, that the committee on roads, bridges and ferries, be instructed to inquire into the expediency on authorizing a review of a road leading from the wagon ford on Line creek in Montgomery county, to the town of Tuskaloosa;’ which was adopted.

Mr. Powell offered the following resolution.  ‘Resolved, that the judiciary committee be instructed to examine into the propriety of providing

H


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by law a more effectual remedy for the collection and security of county dues;’ which was adopted.

An engrossed bill, to be entitled ‘an act in relation to the state of James White, deceased,’ was read the third time and passed.  Ordered, that the title of said bill be ‘an act in relation to the estate of James White, deceased;’ and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, to be entitled ‘an act regulating sheriffs sales,’ was read the third time, and on the question, shall said bill pass?  it was decided in the negative.

An engrossed bill, to be entitled ‘an act to authorize Mary Jones administratrix of Thomas A. Jones, deceased, to sell and convey certain real estate,’ was read a third time and passed.

Ordered, That the title of said bill be ‘an act to authorize Mary Jones, administratrix of Thomas A. Jones, deceased, to sell and convey certain real estate;’ and that the same be sent to the House of Representatives for their concurrence.

On motion of Mr. Powell, ordered that the bill to be entitled ‘an act to amend an act, passed Dec. 17th, 1821,’ lie on the table.

Mr. Moore called up the resolutions providing for the appointment of persons to examine the manuscript copy of the Digest of the laws of this state.  On motion, Ordered, that said resolution be engrossed and made the order of the day, for a third reading this evening.

On motion of Mr. Casey, the bill, to be entitled ‘an act in relation to election precincts,’ was taken up.

Mr. Devereux offered the following amendment to said bill:

Be it further enacted, That the following election precincts be established for the county of Conecuh, to wit: one at the house of George Constantine; one at Brooklyn; and one at Rabb’s store; and that the precincts heretofore established at the house of James Caldwell, and at the house of William Blackshire be, and the same are hereby discontinued,' which was adopted.

Mr. Coats offered the following amendment to said bill:

Be it further enacted, that there be an election precincts, in addition to those already established, at the house of Alexander McLeod, in Marengo county;’ which was adopted.

Mr. Powell offered the following amendment to said bill:

And be it further enacted, That the following additional election precincts shall be established in the county of Tuskaloosa, viz: one at the house of capt. Manley Files, on North river; and one at the mill of James Foster, Esq. on Grant’s creek;’ which was adopted.

Mr. Bibb offered the following amendment to said bill:

And be it further enacted, That the election precincts heretofore established at the house of James Sparks, and --------- Johnson’s in Montgomery county, be, and the same are hereby discontinued; and that an election precinct be established at Stele’s store; and one at the house of William Graves, in the neighborhood of said Johnson, in sad county;’ which was adopted.

Mr. Armstrong offered the following amendment to said bill:

And be it further enacted, that an additional precinct be established at the house of Traverse George in Mobile county;' which was adopted.

Mr. Shackleford offered the following amendment to said bill:

And be it further enacted, That in addition to the election precincts


59

already established in the county of Shelby, one shall be established at Harpersville, at the house of John Kidd;’ which was adopted.

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

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

3 o’clock P.M.

The Senate met pursuant to adjournment.

Mr. President laid before the Senate, a communication from the comptroller of public accounts; which was read and is as follows:

Comptroller’s Office, December 5, 1822.

SIR- In obedience to a resolution of the Senate, requiring the comptroller of public accounts to lay before that house ‘a consolidated return of the objects of taxation in this state, for the year past, with a return of the amount derived from each object, in each county,’ I have the honor to lay before the enclosed paper marked A.

From the numerous errors contained in many of the tax list, it is impossible the return thus made should be entirely correct, but I trust it will be found sufficiently so, to meet the object of the resolution.

I am respectfully, your most ob’t servant,

SAMUEL PICKENS.

The Hon. NICHOLAS DAVIS, President of the Senate.

On motion of Mr. Armstrong, ordered, that one hundred copies of said report be printed for the use of Senate.

Engrossed resolutions providing for the appointment of persons to examine the manuscript copy of the Digest of the laws of this state, were read the third time.

Mr. Moore offered the following amendment to said resolution by way of rider: 'Provided no compensation shall be allowed the person so appointed or elected, unless they complete said examination and make a report thereof to the General Assembly within fifteen days, from and after the adoption of the foregoing resolution;’ which was read three several times and adopted.

Mr. Armstrong moved to fill the blank in said resolution, where it reads thus: ‘that the persons so elected shall receive each ------ dollars per day’ with the words ‘seven dollars;’ and on the question being put, it was resolved in the negative.

Mr. Moore moved to fill sad blank with the words ‘five dollars;

And on the question being put, it was resolved in the affirmative.

Yeas

9

Nays

7.

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

Mr. Armstrong

Conner

McCamy

Moore

Shackleford- 9.

Bibb

Hopkins

Metcalf

Powell

Those who voted in the negative, are,

Mr. President

Coats

McVay

Sullivan- 7.

Casey

Devereux

Smith

Mr. Casey offered the following amendment to said resolutions by way of rider: “Provided, that the persons so elected shall be selected from the members of the General Assembly.”

Mr. Moore moved to amend said amendment by inserting the word “not” after the word “shall” in said amendment;

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

Yeas

13

Nays

4.

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


60

Mr. President

Conner

McCamy

Moore

Sullivan-13.

Armstrong

Crabb

McVay

Powell

Bibb

Hopkins

Metcalf

Shackleford

Those who voted in the negative, are,

Mr. Coats

Casey

Devereux

Smith- 4.

Mr. Casey moved to amend said amendment by the following after the words ‘members of the General Assembly;' and shall receive no pay therefor;

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

Yeas

4

Nays

13.

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

Mr. Casey

Coats

Devereux

Smith- 4.

Those who voted in the negative, are,

Mr. President

Conner

McCamy

Moore

Sullivan- 13.

Armstrong

Crabb

McVay

Powell

Bibb

Hopkins

Metcalf

Shackleford

The question was then put, on the adoption of said amendment, as amended, and decided in the affirmative.

Yeas

13

Nays

4.

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

Mr. President

Conner

McCamy

Moore

Sullivan- 13.

Armstrong

Crabb

McVay

Powell

Bibb

Hopkins

Metcalf

Shackleford

Those who voted in the negative, are,

Mr. Casey

Coats

Mr. Deveraux

Smith

The question was then put, shall said resolutions pass?  and decided in the affirmative.

Yeas

9

Nays

8

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

Mr. Armstrong

Conner

Hopkins

Metcalf

Shackleford- 9.

Bibb

Crabb

McCamy

Moore

Those who voted in the negative, are,

Mr. President

Coats

McVay

Smith

Casey

Devereux

Powell

Sullivan- 8.

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

An engrossed bill, to be entitled ‘an act to continue in force and amend an act entitled an act to repeal in part and amend an act entitled an act to regulate the proceedings in the courts of Law and Equity in this state, and for other purposes therein mentioned;’ was, on motion of Mr. Casey, ordered to lie on the table.

An engrossed bill to be entitled ‘an act to establish a public road from the house of John Gandie in Morgan county, to Baltimore in Blount county,’ was read the third time.

On motion of Mr. Armstrong, the first blank in said bill, where it reads thus; ‘for every four wheel carriage                 cents’ was filled with 'seventy-five cents.’

On motion of Mr. Crabb, the second blank in said bill was filled with ‘fifty cents,’ the third with ‘twelve and a half cents,’ the fourth with ‘six and a fourth cents,’ the fifth with, ‘three cents,’ the sixth with ‘two cents,’ and the blank in the last section of said bill, with ‘twelve years.’  Said bill was then passed.

Ordered, that the same be sent to the House of Representatives for their concurrence.

An engrossed 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 third time and passed.


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Ordered, that the title of said bill be ‘an act, &c.' and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, to be entitled ‘an act to authorize the administrator and administratrix of Robert Gillaspey, deceased, to sell certain lands therein named,’ was read the third time and passed.

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

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

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