Saturday, December 7, 1822.

The Senate met pursuant to adjournment.

Mr. Bibb, from the committee on propositions and grievances, reported a bill to be entitled ‘an act for the relief of James Mixon,’ which was read the first time.  Ordered, that said bill be made the order of the day for a second reading on Monday next.

Mr. Bibb, from said committee, to whom was referred the petition of Nicholas Pope. reported a bill to be entitled ‘an act to authorize Nicholas Pope to emancipate a certain slave therein named,’ which was read the first time.  Ordered, that said bill be made the order of the day for a second reading on Monday next.

Mr. McCamy offered the following resolution: Resolved, that the military committee be instructed to inquire into the expediency of forming a new Bridge in the State of Alabama, to consist of Jackson and Decatur county; and if expedient to report by bill, which was adopted.

Mr. Moore offered the following resolution:  Resolved, that the committee of enrolled bills, appointed on the part of the House, be a joint committee to act with such committee as may be appointed on the part of the House of Representatives, which was adopted.

Mr. Bibb offered the following resolution:  Resolved, that with the concurrence of the House of Representatives, the General Assembly of this state will adjourn on Saturday the 21st instant sine die.

Mr. Casey moved, that said resolution lie on the table, which was decided in the negative.

Yeas

6-

Nays

12.

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

Mr. Armstrong,

Coats,

McCamy.

Casey,

Crabb,

Shackleford- 6.

Those who voted in the negative, are,

Mr. President,

Devereaux,

Metcalf,

Smith,

Bibb,

Hopkins,

Moore,

Sullivan,

Conner,

McVay,

Murphy

Wood- 12.

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Mr. Conner moved to amend said Resolution by the following proviso: ‘Provided, we get thorough all the business important to the state, by that time;’ which was decided in the negative.

Mr. Hopkins moved to amend said Resolution, by striking out the words ‘Saturday the 21st’ and inserting ‘Tuesday the 24th;’ which was decided in the negative.

Mr. Armstrong moved to strike out all of said Resolution after the word ‘Resolved,’ insert the following ‘that no new business of a private nature, shall be received by either branch of this Legislature, after the 18th instant;’ which was decided in the negative.

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

Yeas

13

Nays

6.

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

Mr. President

Devereux

Metcalf

Powell

Wood- 13.

Bibb

Hopkins

Moore

Smith

Crabb

McVay

Murphy

Sullivan

Those who voted in the negative, are,

Armstrong

Coats

McCamy

Casey

Conner

Shackleford- 6.

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

A message from the House of Representatives, by Mr. Gayle, 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 Resolution of your house, proposing to go into the election, on Monday next, at four o’clock P.M. of a member of the Senate of the United States to fill the vacancy occasioned by the resignation of the Hon. J. W. Walker, and have amended the same by striking therefrom the word ‘Monday’ and inserting in lieu thereof, the word ‘Thursday,’ and also by adding the following: ‘And also, for the purpose of electing a Senator to Congress for the ensuing six years after the 4th day of March next;’ in which amendments they desire your concurrence.

Mr. Sullivan moved, that the Senate concur in the amendments made by the House of Representatives to said resolutions; and on the question being put, it was resolved in the affirmative.  Ordered, that the secretary inform the House of Representatives thereof.

An engrossed bill, to be entitled, ‘ 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,’ was read the third time.

Mr. Powell offered the following amendment to said bill by way of rider:

Be it further enacted, that in all cases of appeals where the plaintiff, or person appealing shall not recover judgement for a greater sum than was by the justice trying the same, adjudged, then, and in that case the plaintiff or person appealing, shall pay all costs consequent on such appeal: ‘Provided however, that this section is intended only to apply to appeals taken up by the successful party;’ which was read three several times and adopted.

The question was then put on the passage of said bill, and decided in the affirmative. 

Yeas

15-

Nays

4.

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

Mr. President

Casey

Crabb

Metcalf

Shackleford

Armstrong

Coats

Hopkins

Murphy

Sullivan

Bibb

Conner

McCamy

Powell

Wood- 15

 


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Those who voted in the negative, are,

Mr. Devereux

McVay

Moore

Smith- 4.

Ordered, That the words ‘engrossed bill to be entitled,’ be stricken out of the caption of said bill; and that the same be sent to the House of Representatives for their concurrence.

Message from the Governor, by J. J.  Pleasants, Esquire, Secretary of State.

Mr. President- The Governor did on the 5th inst. approve and sign,

‘An act to authorize Augustus Baudry to emancipate a certain sale therein named;’

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

‘An act to repeal in part, and act supplementary to entitled a act, to incorporate the city of Mobile, passed 17th December, 1819' -- all of which originated in the Senate.

A bill, to be 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,’ 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 bill, to be entitled ‘an act to exempt the citizens of the town of Selma, from working on public roads beyond the limits of said town,’ was read the second time.  Ordered, that said bill be committed to the committee on roads, bridges and ferries.

On motion of Mr. Crabb, the bill to be entitled ‘an act to divorce Nathan Briley from his wife Elizabeth Briley,’ was taken up, read the third time and passed by a majority of two thirds of the members present.

Yeas

6

Nays

13.

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

Mr. President

Coats

Devereux

Moore

Sullivan- 13.

Armstrong

Conner

Hopkins

Powell

Casey

Crabb

McCamy

Smith

Those who voted in the negative, are,

Mr. Bibb

Metcalf

Murphy

Shackleford

Wood- 6.

McVay

Ordered, That the House of Representatives be informed thereof.

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,’ was read the second time.  Ordered, that said bill be committed to the committee on the Judiciary.

A bill from the House of Representatives, to be entitled ‘an act to amend an act, entitled an act to appoint Commissioners to lay out certain roads therein specified, and for other purposes,'  was read the third time and passed.  Ordered, That the Secretary inform the House of Representatives thereof.

A bill from the House of Representatives, to be entitled ‘concerning the Judges of the county courts;’ and a bill to be entitled ‘an act for the relief of John P. Hickman and Richard Ellis,’ were severally read the third time and passed.

Ordered, That the House of Representatives be informed thereof.

An engrossed bill, to be entitled ‘an act to provide for printing the laws and journals, and for other purposes,’ was read the third time and laid on the table.


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An engrossed bill, to be entitled ‘an act to prevent free negroes from selling spirituous liquors in this state’ was read the third time.

Mr. Casey moved to fill the first blank in said bill with the words ‘first May;’ which was decided in the affirmative.

Mr. Moore moved to fill the second blank with the words ‘ten dollars;’ which was decided in the affirmative.

Mr. McVay moved to amend said bill by way of rider, by inserting the words ‘or mulatto,’ after the words ‘free negro,’ whenever they occur in said bill; which was adopted.

Mr. Armstrong offered the following amendment to said bill, by way of rider ‘Provided, that this act shall not effect any free negro, mulatto or other person who by the treaty between the United States and Spain, became citizens of the Unites States, or the descendants of any such person;’ which was read three several times and adopted.

Mr. Powell offered the following amendment to said bill, by way of rider: ‘Be it further enacted, That it shall be the duty of the Judges of the several county courts in this state, upon application to them made, to bind out the children of free negroes in this state; the males until they attain the age of twenty one, and the females until they attain the age of eighteen years;’ which was read three several times and adopted.  Said bill was then passed as amended.

Ordered, That the title of said bill be ‘to prevent free negroes and mulattoes from retailing spirituous liquors in this state, and for other purposes;’ and that the same be sent to the House of Representatives for their concurrence.

Message from the House of  Representatives, by Mr. Dodson, the 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 a third time and passed, bills originating in this house, of the following titles, to wit:

‘An act declaring certain roads therein named public roads until other wise directed by law;’

‘An act entitled an act, to amend an act incorporating the town of Erie;’ and

‘An act for the relief of Robert Coyle.’  In which they desire your concurrence.

All of which said bills were severally read the first time.  Ordered That said bills be made the order of the day for a second reading on Monday next.

An engrossed bill, to be entitled ‘an act to alter and amend an act to extend the jurisdiction of the county court of Mobile county;’ 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.

An engrossed bill, to be entitled ‘an act to exempt preachers of the gospel from the payment of ferriage in certain cases,’ 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.

An engrossed bill, to be entitled ‘an act to prevent frivolous and vexatious law suits,’ 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.


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On motion of Mr. Bibb, Mr. Hopkins was excused from further service on the committee of privileges and election.

Ordered, That Mr. Crabb be added to said committee.

On motion, the Senate adjourned till Monday morning at 10 o’clock.