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Tuesday, November, 26.

The Senate met pursuant to adjournment.

Mr. Metcalf presented the petition of sundry citizens of Pickens and Marion counties, praying the establishment of a new county; which wads read: and, on motion referred to the committee on County Boundaries.

Mr. Murphy presented the petition of sundry inhabitants of Monroe county, praying that the route of a road, laid off by the commissioners appointed under an act of the last session of the Legislature may be changed; which was read, and on motion referred to the committee on County Boundaries.

Mr. Hopkins from the Judiciary committee, to whom was referred so much of the Governor’s message as relates to the establishment of a safe prison in each judicial circuit, reported, that it is inexpedient, to enact a law, directing the establishment of a jail in each judicial circuit, which was concurred in.

Mr. Hopkins, from said committee, to whom was referred a resolution of the senate, requiring the Judiciary committee to inquire into the expediency of forming some general law respecting the emancipation of slaves, made the following report: ‘Resolved, that it is inexpedient to form any general law in relation to the emancipation of slaves;’ which was concurred in.

Mr. Hopkins, from said committee, to whom was referred a resolution of the senate, instruction the Judiciary committee, to inquire into the expediency of so amending the constitution of this state, as that all civil causes coming before Justices of the Peace, shall be confined to be tried in the captain’s beat where the defendant resides, or where the debt was contracted, made the following report: ‘Resolved, that it is inexpedient to amend the constitution of this state, that all civil cases coming before Justices of the peace, shall be tried in the captain’s beat, where the defendant resides, or where the debt was contracted.’

Mr. Casey moved that the senate disagree to said report; and on the question being put, it was decided in the negative - Yeas 5- Nays 14.

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

Mr. Casey

Conner

Devereux

McVay

Metcalf

Those who voted in the negative, are,

Mr. President

Coats

McCamy

Powell

Sullivan

Armstrong

Crabb

Moore

Shackleford

Wood- 14.

Bibb

Hopkins

Murphy

Smith

The question was then put on concurring in said report, and decided in the affirmative.

Mr. Armstrong, from the military committee to whom was referred the report of the Comptroller, in relation to the pay allowed Brevet Brigadier General Dale, and the documents relative thereto, made a report; which was received; and, On motion, ordered to lie on the table till to-morrow.

Mr. Hopkins, from the Judiciary committee, to whom was referred a bill to be entitled ‘an act to authorize John Chandler, administrator of N. L. Hayden, deceased, to sell certain real estate,’ 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 administrator of John Dickson, deceased, to sell and transfer certain real estate,’ reported the same as amended; which was concurred in.  Ordered, that said bill be engrossed, and made the order of the day for a third reading on to-morrow.

D


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Mr. Hopkins from said committee to whom was referred so much of the Governor’s message, as relates to the county court system, reported a 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;' ‘which was read the first time.

Ordered, that said bill lie on the table.

On motion of Mr. Moore, Ordered, that twenty copies of said bill be printed for the use of the Senate.

Mr. Bibb, from the committee on Propositions and Grievances, to whom was referred the petition of Austin Hood and Arnold Thomason, made the following report: “The committee on Propositions and Grievances to whom was referred the petition of Austin Hood and Arnold Thomason have instructed me to report, that however disposed said committee may be, to remunerate for actual disbursements in the discharge of a voluntary duty, so meritorious on the part of the petitioners; yet, the facts stated have not been authenticated by that sort of evidence which said committee deems necessary in such cases:" Therefore, resolved, that it is inexpedient to grant the prayer of said petitioners.

(Signed)           JOHN D. BIBB, Chairman.

On motion of Mr. Conner, ordered, that said report lie on the table.

Mr. Bibb, from said committee, to whom was referred the petition of sundry inhabitants of Blount county, praying the passage of a law incorporating Blountsville in said county, reported, that said committee have had the same under consideration, and that it is inexpedient at this time to grant the prayer of the petitioners; in which they ask the concurrence of the senate.  Mr. Conner moved, that the senate disagree to said report; and, on the question being put, it was resolved in the negative.

The question was then put on concurring in said report, and decided in the affirmative.

Mr. McVay, from the select committee, to whom was referred the petition of John Byler, made a report; which report; which was received: And,

On motion, ordered to lie on the table.

Mr. Moore, from the select committee, to whom was referred the petition of Rosanna Lambkin and Elijah Hogan, administrator and administratrix of William Lambkin, deceased, reported a bill, to be entitled ‘an act to authorize Rosanna Lambkin, administratrix, and Elijah Hogan, administrator, of William Lambkin, deceased, to convey to Isaac Jackson, a certain tract of land therein named;' which was read read a 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 ‘an act to repeal in part an act supplementary to an act entitled an act to incorporate the city of Mobile;' 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. Bibb obtained leave to introduce a bill to be entitled ‘an act to authorize the administrator and administratrix of Davis H. Mahew, deceased, to sell real estate;' which was read the first time.  Ordered, that said bill be made the order of the day for a second reading on to-morrow.

On motion of Mr. Casey, ‘Resolved, that the joint committee appointed on the part of this house, to divide the state into three Congressional districts be discharged from the further consideration of that subject.’ On motion of Mr. Casey, ‘Resolved, that His Excellency the Govern-


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or, be requested to lay before this house, the returns of the late census, taken under a law of this state; also, the last census taken by order of the General Government.’

On motion of Mr. McCamy, the following resolution was adopted:

Resolved, that a committee be appointed to inquire into the expediency of altering and revising the Constitution, so as to have the General Assembly to meet but once in two years, except necessity require it, leaving it in the power of the Governor, to call them together, when he may deem it expedient, as heretofore; and report by resolution or otherwise;

Messrs. McCamy, Murphy and Bibb were appointed said committee.

On motion of Mr. Moore, “Resolved, that the judiciary committee be instructed to inquire into the expediency of passing a law to prevent sheriffs from serving any civil process returnable before a justice of the peace, and have leave to report by bill or otherwise.”

On motion of Mr. Moore, ‘Resolved, that the judiciary committee be instructed, to inquire whether the continuance of the present county court system by the Legislature, will give the prevent judges of the county courts, under the constitution of this state, a right to retain their offices as such, without a new election.'

On motion of Mr. Casey, ‘Resolved, that the judiciary committee be instructed, to inquire into the expediency of allowing to justices courts a jury in certain cases.’

‘A resolution to repeal a resolution allowing to the comptroller two hundred and fifty dollars, in addition to his present pay,’ passed at the last session of the General Assembly, was read the second time.

Ordered, that sad resolution be committed to a committee of the whole house, and made the order of the day for Thursday next.

A bill to be entitled ‘an act for the payment of commissioners of seminary lands in the county of Perry, for the year 1821 and 1822,’ was read the second time.

Ordered, that said bill be committed to the committee on schools and colleges and school and college lands, to examine and report thereon.

On motion of Mr. Shackleford, ‘Resolved, that a committee be appointed to lay off the state into congressional districts:' whereupon Messrs. Shackleford, Moore and Armstrong, were appointed said committee.

A bill to be entitled ‘an act supplementary to an act to provide for assessing and collecting the taxes of this state,’ was read the second time.

Ordered, that said bill be referred to the committee on the judiciary, to examine and report thereon.

A bill to be entitled ‘an act limiting the powers of constables,’ was read the second time.

Mr. Smith moved, that the further consideration of said bill be indefinitely postponed.

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

Yeas 15           Nays 4.

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

Mr. President

Coats

Hopkins

Moore

Shackleford

Armstrong

Conner

McCamy

Murphy

Smith

Casey

Crabb

Metcalf

Powell

Sullivan- 15.

Those who voted in the negative, are,

Mr. Bibb

Devereux

McVay

Wood- 4.

An engrossed bill, to be entitled ‘an act to change the name of, and legitimate a certain person therein named,’ was read the third time and passed.


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Ordered, that the title of said bill be ‘an act to change the name of, and legitimate a certain person therein named.’

On motion of Mr. Sullivan, ‘Resolved, that the military committee be instructed to inquire into the expediency of altering the mode of holding company courts martial; and whether the law authorized the captains of each company to hold courts martial, alone, without the subordinate officers of their respective companies associated with them; and if so, to remedy the defect, so as to have a full board of officers, with leave to report by bill or otherwise.

Mr. Powell obtained leave to introduce a bill, to be entitled ‘an act respecting jeofails;’ 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. Bibb obtained leave to introduce a bill to be entitled ‘an act to alter the most of general elections by the people;’ 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. Bibb obtained leave to introduce a bill to be entitled; ‘an act regulating sheriffs’ sales;’ which was read the first time.

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

On motion the senate adjourned till to-morrow morning, at 10 o’clock.