Friday, December 6.

The senate met pursuant to adjournment.

Mr. Hopkins, from the judiciary committee to whom was referred a bill, to be entitled ‘an act for the relief of John P. Hickman and Richard Ellis,’ reported the same without amendment.

Ordered, that said bill be 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 prevent frivolous and vexations law suits,’ reported the same with 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. Bibb, from the committee on propositions and grievances, to whom was referred the bill for the relief of John Boyce, reported, that the relief contemplated by said bill is unreasonable and ought not to be granted.  On motion of Mr. Sullivan, ordered, that said report, lie on the table.

Mr. Bibb, from the said committee, to whom was referred the petition of James Mixon, reported, that the claim of the petitioner is not supported by such evidence as would authorize them to extend to him the relief prayed for.

On motion of Mr. Smith, the Senate disagreed to said report.

Ordered, that said committee prepare and report a bill for the relief of the said James Mixon.

An engrossed bill, to be entitled ‘an act to amend an act passed 4th March, 1803, revised and amended 10th February, 1807,’ was read the third time; and on the question being put, shall said bill pass? it was decided in the negative. 

Yeas

9-

Nays

9.

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

Mr. President

Bibb

Crabb

Hopkins

Sullivan- 9.

Armstrong

Casey

Devereux

Smith

Those who voted in the negative, are,

Mr. Coats

McCamy

Metcalf

Powell

Wood- 9.

Conner                      McVay                     Moore                     Shackleford

An engrossed bill, to be entitled ‘an act concerning inquiry of damages,’ wads read the third time and passed.  Ordered, that the title of said bill be ‘an act concerning inquiry of damages;’ and that the same be sent to the House of Representatives for their concurrence.

An engrossed bill, to be entitled, ‘an act concerning intestates estates,’ was read a third time and passed.  Ordered, that the title of said bill be changed from that of ‘a bill’ to that of ‘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 granting of letters testamentary, without security in cases therein named,’ was read the third time and passed.

Ordered, that the words ‘a bill to be entitled’ be stricken out of the


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caption of said bill, and that the same be sent to the House of Representatives for their concurrence.

A bill to be entitled ‘an act for the government of the port and harbor of Mobile’ was read the second time.

Ordered, that said bill be engrossed and made the order of the day, for a third reading on Monday next.

A bill, to be entitled ‘an act for the payment of moneys collected by officers of courts.’ was read the second time.

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

A Message from the House of Representatives by Mr. Fitz, a member thereof:

Mr. President and Gentlemen of the Senate.

I am instructed by the House of Representatives to inform to your honorable body, that they have read a third time & passed a bill originating in this House, entitled, ‘an act to vest in Samuel B. Shields, his bests and assigns, the exclusive right to a ferry on the Tombeckbe river, in the county of Clarke, at, or near the town of Jackson in said county:’ in which they desire your concurrence.  Said bill was read the first time.

Mr. McVay moved, that the further consideration of said bill be indefinitely postponed; and on the question being put, it was decided in the negative.

Mr. Armstrong moved, that a message be sent to the House of Representatives, informing the, that in consequence of the erasures and interlineations made in the            section of the said bill, the Senate is unable to ascertain whether it proposes to vest in the said S. B. Shields, his heirs assigns, the exclusive right to a ferry for vie, or twenty years; and that said bill be returned to the House of Representatives with said message.  And on the question being put, it was decided in the affirmative.

Yeas

10

Nays

8.

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

Mr. President

Bibb

Hopkins

Metcalf

Smith

Armstrong

Conner

McCamy

Shackleford

Sullivan- 10.

Those who voted in the negative, are,

Mr. Casey

Crabb

McVay

Powell

Coats

Devereux

Moore

Wood- 8.

A message was sent accordingly.

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

Mr. President and Gentlemen of the Senate.

I am instructed by the House of Representatives to inform your honorable body, that they concur in the amendments made by your honorable body to the bill, entitled, ‘an act to organize the counties of Covington and Pike.’  They have also read a third time and passed, a bill originating in this house, entitled ‘an act to exempt the citizens of the town of  Selma from working on roads beyond the limits of said town.’  In which they desire your concurrence.  They concur in the amendments made by the Senate to the bill, entitled ‘ for the relief of Henry Stokes, and others.

Mr. McVay presented the memorial of William Wingate; which was read.  On motion, ordered that said memorial be referred to the committee on privileges & elections, together with the accompanying documents.

On the application of Mr. Murphy, he was excused from further service on the committee of privileges and elections.


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On motion of Mr. Moore, ordered, that Mr. Powell be added to the committee on privileges and elections.

A bill to be entitled ‘an act to prevent free negroes from retailing spirituous liquors;'

A bill, to be entitled ‘an act to amend an act, entitled an act to lay out certain roads therein specified, and for other purposes;’ and

A bill, to be entitled ‘an act concerning the Judges of the county courts,” were severally read the second time.

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

A bill, to be entitled ‘an act to exempt the citizens of the town of Selma from working on roads beyond the limits of said town,' 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.

A message from the House of Representatives, by Mr. Mead a member thereof:

Mr. President and 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, that a select committee of five members be appointed by this House, to act with a committee which may be appointed on the part of the Senate, to examine the manuscript copy of the Digest of our statues compiled by the Hon. Harry Toulmin, and to report the same to this house, with such amendments as they may deem proper.

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

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

A bill, to be entitled, ‘an act to provide for printing the laws and journals, and for other purposes,’ was read the second time.

Ordered, that said bill be engrossed, and 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 to divorce Robert Bransford from his wife Jane Bransford,’ was read the third time and passed by a constitutional majority.

Yeas

14

Nays

5.

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

Mr. President

Coats

Hopkins

Moore

Sullivan

Armstrong

Conner

McCamy

Powell

Wood- 14

Casey

Crabb

McVay

Smith

Those who voted in the negative, are,

Mr. Bibb

Devereux

Metcalf

Murphy

Shackleford- 5

Ordered, that the House of Representatives be informed thereof.

On motion of Mr. Armstrong, the senate concurred in the resolution of the House of Representatives appointing a committee on their part, to act with such committee as may be appointed on the part of the senate, to examine the manuscript copy of the digest of our statutes, compiled by the Honorable Harry Toulmin; Messrs. Hopkins, Murphy and Sullivan, were appointed a committee on the part of the Senate.

Ordered, that the secretary inform the House of Representatives thereof.

Mr. Crabb offered the following resolution: ‘Resolved, that the judiciary committee be instructed to inquire into the expediency of provid-


64

ing by law, for the payment of state witnesses in certain cases;' which was adopted.

A bill from the House of Representatives, to be entitled ‘to manumit certain slaves therein named,’ was read the third time.

Mr. Bibb offered an amendment to said bill, by way of rider, which 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 request their concurrence in the amendment made thereto.

On motion the senate adjourned till 3 o’clock.

Evening- 3 o’clock.

The Senate met pursuant to adjournment.

An engrossed bill, to be entitled ‘an act authorizing George Cox, administrator of Benjamin Cox, deceased, to sell and transfer certain real estate,’ 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.

A bill from the House of Representatives, to be entitled ‘to incorporate the Huntsville fire engine company;’ and a bill to be entitled,

‘An act for the relief of purchasers of lots at the first sale, in the town of Cahawba;’ were read the third time and passed.

Ordered, that the House of Representatives be informed thereof.

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 concur in the amendments made by your body to the bill, entitled

‘An act to authorize the administrators of John Ellis, deceased, to sell and convey certain real estate,’

They also, concur in the amendments made by your Honorable body to the bill, entitled

‘An act to incorporate the town of Asheville, in the county of St. Clair.’

The have also, adopted the following resolution: Resolved, that the committee on enrolled bills appointed on the part of this House, be a joint committee with the committee on enrolled bills appointed on the part of the senate; and that the senate be acquainted therewith.

They have also read the third time and passed a bill, entitled, ‘an act to vest in S. B. Shields his heirs and assigns, the exclusive right to a ferry on the Tombeckbe river, in the county of Clarke, at or near the town of Jackson in said county.’ In which they desire your concurrence.

The said last mentioned bill, was read the first time.

Ordered, that the same 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 divorcing Nathan Briley from his wife Elizabeth Briley,’ was laid on the table.

On motion of Mr. Casey, the committee of the whole was discharged from the consideration of the bill, to be entitled ‘an act to exempt preachers of the Gospel from the payment of ferriage in certain cases.’  Ordered, that said bill be engrossed for a third reading on to-morrow.

A bill to be entitled ‘an act to amend an act, entitled an act extending the jurisdiction of the County Court of Mobile county, passed 17th Dec. 1821,’ was read the second time.  Mr. Sullivan moved to strike out all


65

the first section of said bill which relates to the giving of the County Court of Mobile county jurisdiction of the offenses of grand and petit larceny; and on the question being put, it was resolved in the negative. 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 in relation to election precincts,’ was read the third time.  Mr. McCamy offered an amendment to said bill, by way of rider, providing for the discontinuance of one, and the establishment of another election precinct in the counties of Jackson and Decatur; which was read three several times and adopted.  Mr. Conner offered an amendment to said bill, by way of rider, providing for an additional election precinct in St. Clair county; which was read three several times and adopted.  Mr. Metcalf offered an amendment to said bill, by way of rider, providing for two additional election precincts in Marion county, which was read three several times and adopted.  Said bill was then passed as amended.  Ordered, that the title of said bill, be ‘an act to establish election precincts in the counties therein named,’ and that the same be sent to the House of Representatives for their concurrence.

A message was received form the House of Representatives, by Mr. Dodson, their clerk, informing the Senate that they concur in the amendment made by the Senate to the bill, to be entitled ‘an act to authorize the administrators of William Nelson, deceased, to sell and convey certain real estate.'

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