Wednesday, Jan. 1, 1823.

The Senate met pursuant to adjournment.

Mr. Armstrong from the Military Committee, to whom was referred the communication of His Excellency the Governor, made in pursuance of a call of the Senate, upon the subject of the contested election of Major General of the fourth division of the militia of this state, submitted a report and also the following resolution: ‘Resolved by the Senate of the State of Alabama, that the proceedings of His Excellency the present Governor, in disapproving the decision of a General Court Martial, detained by his predecessor, declaring said court illegal and detailing a new court for the trial a second time of a contested elected between Jack F. Ross and Joseph B. Chambers, for the office of Major General of the 4th  division of the militia of this state, are not warranted by law: that the said decision of the said second court is inoperative and void, and that the said Joseph B. Chambers has not legally the right to hold said office, that said election having been declared illegal by the first court convened to investigate the same.

Mr. Casey moved, that said resolution be laid upon the table, till 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

McVay

Murphy

Smith

Coats

Deveraux

Metcalf

Powell

Sullivan- 10.

Those who voted inthe negative, are,

Mr. President

Conner

McCamy

Shackleford

Armstrong

Hopkins

Moore

Wood- 8.

A Message from the House of Representatives by Mr. Dodson.

Mr. President, --  The House of Representatives concur in the amendments made by your honorable body to a bill, entitled

An act for the relief of the tax collector of Mobile county;’ and have amended said amendments by adding thereto an additional section; in which they desire your concurrence.

They concur in the amendments to a bill, entitled ‘an act to repeal all laws requiring hands to work on navigable streams in this state.’  They recede from their disagreement to the amendments made your honorable body to a bill, entitled ‘an act divorcing certain persons therein named.’

They have appointed a committee, consisting of Messrs. Pope, Crenshaw, and Jackson, to confer with such committee as may be appointed on the part of the senate, on the disagreement of the tow houses on the bill, entitled ‘an act concerning the printing, binding, and disposal of the digest of the statute laws of the state of Alabama.’

Ordered, that Messrs. Moore, McCamy and Metcalf be appointed a committee on conference on the part of the senate, on the subject of disagreement between the two houses in relation to said bill; and that the house of representatives be informed thereof.

Mr. Powell from the committee of accounts, to whom was referred the bill, entitled ‘an act to make appropriations for certain claims against the state, reported the same with sundry amendments;’ which was concurred in, in part, and disagreed to in part.


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Mr. Moore offered the following amendment to said bill: ‘And be it further enacted, that from and after the passage of this act, the fees allowed to coroners for holding requests, shall be paid out of the county treasury;’ which was adopted.

Mr. McVay offered the following amendment to said bill: ‘Be it further enacted, that C. B. Roundtree, sheriff of Lauderdale county, be allowed the sum of eighty-one dollars sixty-five cents for keeping and removing James C. A. Wellborne from Lauderdale to Franklin county, to be paid out of monies in the Treasury not otherwise appropriated:’ and on the question being put on the adoption of said amendment, it was decided in the negative.

Yeas

7

Nays

8.

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

Mr. President

Crabb

McVay

Wood- 7.

Conner

Hopkins

Shackleford

Those who voted in the negative, are,

Mr. Armstrong

Devereux

Moore

Sullivan

Casey

Metcalf

Powell

Smith- 8.

Said bill was then read a third time, as amended, and passed. Ordered, that the house of Representatives be informed thereof.

Mr. Hopkins moved to amend the amendment made by the house of representatives, to the bill entitled ‘an act for the relief of the tax collector of the county of Mobile,’ by adding thereto a proviso; which was decided in the affirmative. Ordered, that the senate concur in the amendments made by the House of Representatives to their amendment to said bill, and that the House of Representatives be informed thereof.

Mr. Shackleford obtained leave to introduce a resolution authorizing M. D. Thomason, to take charge of the state house and furniture belonging to the same, which was read the first time: The rule which requires all joint resolutions to be read on three several days was dispensed with, and said resolution was read the second and third time and passed.

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

Ordered, that the senate concur in the resolution from the house of representatives proposing to adjourn sine die on to day; and that Messrs. Casey, Wood and Smith, be appointed a committee on the part of the Senate, to join the committee appointed on the part of the house of representatives, to wait on His Excellency, the Governor, and inform him, that if he has no further communications to make, the two houses are ready to adjourn sine die.

Ordered, That the secretary inform the House of Representatives thereof. On motion the senate adjourned ‘till 3 o’clock P.M.

3 o’clock, P. M.

The Senate met pursuant to adjournment.

Mr. Moore from the committee of conference on the bill, entitled ‘An act concerning the printing, binding and disposal of the Digest of the statute laws of the state of Alabama,’ made the following report:

“The committee on the part of the Senate to confer with the committee appointed on the part of the House of Representatives, in the disagreement of the two houses on the act concerning the printing, binding and disposal of the Digest of the statute laws of the state of Alabama, have met said committee in conference, and they have agreed to make the report as follows: to insert ‘fifteen hundred dollars,’ which was stricken out by the House of Representatives, for the purpose of inserting ‘nineteen hundred and ninety dollars;’ and have agreed to add the following proviso at the end of the first section of said bill: ‘Provided, that


166

nothing in this act shall be so construed as to prevent the next Legislature from making any additional compensation that they may deem just and proper.” Ordered, that the Senate concur in said report, and that the House of Representatives be informed thereof.

The Senate resumed the consideration of the bill, entitled ‘an act to make appropriations for the year 1823.’ Mr. Moore moved to fill the blank in said bill, where it makes an appropriation to Harry Toulmin for digesting the laws, with the words ‘fifteen hundred dollars;’ which was decided in the affirmative. Mr. Murphy offered the following additional section, as an amendment to said bill: ‘And be it further enacted, that the sum of forty five dollars be allowed to George V. Dick for extra services this session, and that the same be paid out of any monies in the Treasury, not otherwise appropriated.’ Mr. Casey offered the following additional section to said bill: ‘And be it further enacted, that the sum of twenty-five dollars be appropriated for paying John H. Thorington for taking charge of, and keeping the State House for the last year;’ which was adopted. Mr. Casey also offered the following section to said bill: ‘And be it further enacted, that the sum of twelve dollars and fifty cents be allowed to M. D. Thomason for extra services as door-keeper of this house;’ which was adopted. Mr. Moore moved to strike out the word ‘Press’ in the second section of said bill, and insert in lieu thereof, the words ‘office of the secretary of state;’ which was decided in the affirmative.

Yeas

13-

Nays

2.

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

Mr. President

Conner

Hopkins

Murphy

Wood- 13.

Armstrong

Crabb

McCamy

Shackleford

Coats

Devereux

Moore

Sullivan

Those who voted in the negative, are,

Mr. Casey,

McVay- 2.

The bill was then read a third time and passed.

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

A message from the House of Representatives, by Mr. Dodson:

Mr. President- The House of Representatives have concurred in the amendments made by the Senate, to a bill entitled ‘and act to make appropriation for certain claims against the state.’

They have concurred in the amendment made by your honorable body, to the amendment of this house, to your amendment to the bill entitled ‘an act for the relief of the tax collector of the county of Mobile.’

They have also read a third time and passed, a Resolution, originating in your honorable body, entitled ‘Resolution to authorize M. D. Thomason to take charge of the State House and furniture belonging to the same;’ which they have amended by adding the following proviso: ‘Provided, it shall be the duty of the door keepers of the two houses to deposite the whole of the furniture in the Senate Chamber, and deliver the key to the secretary of state;’ and also by striking out the words ‘M. D. Thomason, door-keeper of the Senate,’ and inserting in lieu thereof, the words ‘such person as may be appointed by the secretary of state.” They have amended the title by striking out all of the title, and inserting in lieu thereof, these words - ‘ a resolution to provide for the safe keeping of the State House and public furniture;’ in which amendments they desire your concurrence.

They recede from the amendments to the bill, entitled ‘an act to provide for the printing, binding, and disposal of the Digest of the statute laws of the state of Alabama.’ They concur in the report of the committee of conference on the disagreement between the two houses on said bill.

Mr. Wood obtained leave to spread his reasons upon the Journal for voting in favor of the bill, entitled ‘an act to carry into effect the laws of the United States prohibiting the slave trade;’ which are as follows: “The undersigned


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member of the Senate, having finally voted in favor of the bill, entitled ‘an act to carry into effect the laws of the United States prohibiting the slave trade.’ He deems it proper to exercise his constitutional right, of assigning on the Journal, his reasons for so doing.

Although on first view of the case it appeared doubtful whether, pending the controversy in the Federal Court, it was in the power of the state to claim the possession of negroes illegally imported; yet on reflection, and a full view of the policy which has been observed by the general government on the subject, that species of property has been treated rather as persons than property; and although the state might not demand such possession as matter of right, yet it has been in other states, as may be in this, that a proper provision being made by the state, the court would prefer to deliver them, for humane treatment, as well as for economy in expense of keeping.

In case of condemnation the state is entitled to a large interest in such property; and it appears from experience, that in the ordinary way the property in the hands of the marshal, pending the controversy has actually consumed the value before the final adjudication. A valuable interest of this description, amounting to near one hundred prime negroes, are now in the hands of the marshal employed in unhealthy situations, where their lives will be jeopardized. This interest in case of a favorable decision, must, if prudently conducted, realize to the state nearly the amount of a years revenue, and is therefore, worthy of being preserved and attended to.

JOHN WOOD

Ordered, That the Senate concur in the amendments made by the House of Representatives to the resolution authorizing M. D. Thomason to take charge of the State House and furniture and that the House of Representatives, by Mr. Dodson:

Mr. President- The House of Representatives disagree to the amendments made by your honorable body to a bill, entitled ‘an act to make appropriations for the year 1823' by striking out the word ‘forty’ in the fourth section, and inserting in lieu thereof, the words ‘four hundred.’ They concur in the remainder of the amendments to said bill. They have also read three times and passed, resolutions concerning the manuscript Digest of the statutes of this state; in which your concurrence is desired.

Ordered, That the Senate recede from the amendment to the bill, entitled ‘an act to make appropriations for the year 1823,’ by striking out the word ‘forty,’ and inserting ‘four hundred;’ and that the House of Representatives be informed thereof.

Resolutions from the House of Representatives, concerning the manuscript Digest of the statute of this state, was read the first time. The rule which requires all joint resolutions to be read on three several days was dispensed with, and said resolution was read the second and third time and passed. Ordered that the House of Representatives be informed thereof.

Mr. Moore from the committee on enrolled bills reported as correctly enrolled, ‘An act to empower the county court of Tuskaloosa to appoint a jury to view a public road leading from the south end of Market street in the town of Tuskaloosa;’ ‘An act to authorize Wm. Breedlove to sell certain real estate therein named, and for other purposes;’ ‘An act for the relief of Edmund Freeman, late tax collector of Baldwin county; ‘An act to set apart a separate fund for the support of the poor in each county;’ ‘An act concerning the council of the town of Belle Font;’ ‘Resolutions requiring the tax collector of Madison county to pay into the Planters’ and Merchants’ Bank of Huntsville a certain sum, when directed by the Comptroller to do so;’ ‘An act to authorize the administrator of John Turrentine, and the administratrix and administrator of Wm. Lambkin, deceased, to sell certain tracts of land therein designated.’ ‘Memorial to the Congress of the United States to procure further relief to the purchasers of public lands in this state;’ ‘Resolutions relative to the dividing line between this state and the state of Georgia;’ ‘An act to extend the time of payment and secure a certain sum of money due this state from John M. Taylor;’ ‘An act to provide for leasing the 16th sections, and for the application of the funds arising therefrom to the purposes of education;’ ‘An act to carry into effect the laws of the United States, prohibiting the slave trade;’ ‘ An act authorizing the legal representatives of Robert H. Draughon, deceased, to dispose of certain real estate therein named;’ ‘Resolutions defining more particularly the boundary lines of certain counties therein mentioned, and for other


168

purposes;’ ‘An act divorcing certain persons therein named;’ ‘An act respecting the navigation of Limestone river in Limestone county;’ ‘An act to regulate proceedings in chancery suits;’ ‘An act for the relief of the tax collectors of the counties of Mobile and Franklin;’ ‘Resolutions concerning the manuscript Digest of the statutes of this state;’ ‘A resolution to provide for the safe keeping of the State House and public furniture;’ ‘An act to make appropriations for certain claims against the state;’ ‘An act to make appropriations for the year 1823;’ and, ‘An act concerning the printing, binding and disposal of the Digest of the statute laws of the state of Alabama:’ which were signed by Mr. President.

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

Mr. President- The House of Representatives have adopted the following resolution;

‘Resolved that the Senate be requested to assemble in the Representative Hall, instanter, for the purpose of electing two persons to act with such persons as may be appointed by the United States, to run the dividing line between this state and the state of Georgia, agreeably to Resolutions of this General Assembly. Ordered, that said Resolution be laid upon the table until the next session of the General Assembly.

A message from the Governor by James J. Pleasants, esq. secretary of state: Mr. President, the Governor did on this day, approve and sign, ‘An act to provide for drawing petit Jurors to serve in the Circuit Court of the county of Dallas;’ ‘An act to repeal in part an act passed 15th Dec. 1821, concerning Col. Samuel Dale;’ ‘An act making appropriations for certain claims against the state;’ ‘Resolutions for the relief of Matthew D. Thomason;’

‘Resolutions defining more particularly the boundary lines of certain counties therein mentioned;’ ‘An act to repeal in part and amend an act, entitled an act to regulate elections, &c. passed at Huntsville, Dec. 16th, 1819;’ ‘Resolutions to provide for the safe keeping of the State House and public furniture;’ and ‘An act concerning the printing, binding and disposal of the Digest of the statute laws of the state of Alabama;’ all of which originated in the Senate.

A message from the House of Representatives by Messrs. Davis and Clay: Mr. President, the House of Representatives have adopted the following Resolution: ‘Resolved that a message be sent to the Senate, informing them, that this house has completed the business before them, and are now ready to adjourn sine die.

Mr. Hopkins, from the committee of conference appointed on the subject of disagreement between the two houses in relation to the bill, entitled ‘an act to provide for the emancipation of slaves;’ made the following report: “The committee of conference appointed on the part of this house to act with the one from the House of Representatives on the disagreement of the House of Representatives to the amendment made by this house, to the bill, entitled ‘an act to provide for the emancipation of slaves,’ have instructed me to report, that from the press of business in each house since the appointment of said committee a meeting between the two houses could not be procured. 

A. F. HOPKINS, Chairman.

Mr. Casey from the committee appointed to wait on the Governor and inform him that both houses have gone through the business before them and are now ready to adjourn sine die, reported that the committee had performed the duties assigned them; and received for answer, from His Excellency, that he had no further communication to makes to the legislature. Ordered, that a message be sent to the house of representatives informing them that the senate have completed their business and are now ready to adjourn sine die; A message was sent accordingly.

Mr. Shackleford, having taken the chair, on motion of Mr. McVay it was resolved unanimously that the thanks of this Senate be presented to the Hon. Nicholas Davis, President thereof, for the faithful and impartial discharge of the duties of the chair, and the ability and promptitude, which he has on all occasions manifested in the discharge of the important functions of his office. The president having resumed the chair addressed the senate in the following manner.

Gentlemen- I beg you will accept my grateful acknowledgment for the distinguished testimony of your approbation of my conduct as the presiding officer of this house, contained in the resolution you have just adopted. Ever mindful of the responsibility of the station your generosity has assigned me, it has been my constant endeavor to discharge the arduous duties of the chair, with impartiality, such however has been the dignified deportment of this house during the present session, that it is with peculiar satisfaction I feel myself justified in declaring that the interposition of a presiding officer has not been required --  If, however, in incidents be consigned to oblivion, & let us recollect only, the anxious desire which has uniformly animated every one to promote what appeared to him, to be for the prosperity of the state.

In returning to your homes, gentlemen, you will carry to the bosoms of your families and friends, my most sincere wishes for your prosperity and happiness; and that you may long continue to merit and enjoy the confidence of an enlightened and discerning public, is my constant desire.

Mr. McVay moved, that this house do now adjourn sine die; which was decided in the affirmative. The President then declared that this house stands adjourned sine die.

NICHOLAS DAVIS, President of the Senate.

Attest- FRANCIS S. LYON, Secretary of the Senate