Friday, November 29, 1822.

The Senate met pursuant to adjournment.

Mr. Crabb presented the petition of Matthew Herberson, administrator of Samuel Herberson, deceased, praying the passage of a law authorizing him to sell certain real estate; which was read, and referred to a select committee, Messrs. Crabb, Hopkins, and McVay, were appointed said committee.

Mr. Hopkins, from the judiciary committee, to whom was referred a resolution of the senate instructing said committee to inquire into the expediency of passing a law more effectually to prevent the selling of spirituous liquors to Indians and negroes, reported a bill, to be entitled ‘an act to amend an act entitled an act, passed 4th March, 1803, revised and amended February 10th, 1807;’ which 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.

Message from the House of Representatives, by Mr. Davis, 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 read a third time and passed bills of the following titles, to wit:

‘An act authorizing the administrator of William Nelson, deceased, to sell certain real estate therein named;’

‘An act to incorporate the trustees of Athens Female Academy in Limestone county;’

'An act to authorize the administrator and Administratrix of John Ellis, deceased, to sell and convey certain real estate;’

‘An act to authorize the Governor of this state, to remit all or a part of any forfeiture which has or may accrue to this state;’

‘An act to incorporate the town of Ashville in the county of St. Clair;’

‘An act to mark out and establish a road, leading from the city of Mobile in the county of Mobile to Edwin Lewis’s turnpike road in said county;’ and ‘An act divorcing Robert Bransford from his wife Jane Bransford;’

In all of which, they desire your concurrence.

Mr. Hopkins from the judiciary committee, to whom was referred a bill, to be entitled ‘an act respecting jeofails,' made the following report:

Resolved, that it is inexpedient to pass the bill to be entitled ‘an act respecting jeofails.’

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

Mr. Hopkins from same committee, to whom was referred a bill, to be entitled ‘an act supplementary to an act to provide for assessing the taxes of this state,’ passed Dec 17th, 1821, reported the following resolution:

Resolved, that it is inexpedient to pass the bill, to be entitled ‘an act supplementary to an act to provide for assessing and collecting the taxes of this state,’ passed Dec. 17th, 1821.   On motion, ordered that said report lie on the table.

A bill from the house of representatives, to be entitled ‘an act to incorporate the town of Ashville in the county of St. Clair;’

'An act to authorize the Governor of this state to remit all or any part


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of any fine or forfeiture, which has or may hereafter accrue to this state;'

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

‘An act to incorporate the Trustees of Athens Female Academy in Limestone county;’

‘An act to authorize the administrators of William Nelson, deceased, to sell certain real estate therein named;’

‘An act to mark out and establish road, leading from the city of Mobile, in the county of Mobile, to Edwin Lewis’ turnpike road in said county;’ &

‘An act divorcing Robert Bransford from his wife Jane Bransford;’ were severally read the first time.  On motion, Ordered, that said bills be made the order of the day for a second reading on to-morrow.

On motion of Mr. Crabb, Ordered, that Mr. Hopkins be added to the committee appointed to lay the state off into Congressional districts.

On motion of Mr. Shackleford, Ordered, that Mr. Wood, be added to said committee.

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

Resolved, that a special committee, be appointing by the senate, to examine into the expediency of so amending the act to provide for the public printing, and for other purposes, now in force, as will authorize the laws and journals of this state to be printed at any place within the same, where it can be done upon the best and cheapest terms.  Messrs. Armstrong, Crabb and Murphy were appointed said committee.

On motion of Mr. Sullivan, ordered, that Mr. Casey, be added to the committee appointed to lay off the state into congressional districts.

Mr. Sullivan from the select committee, to whom was referred the petition of John Boyce reported a bill, to be entitled ‘an act for the relief of John Boyce;’ which 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 was received from the House of Representatives, by Mr. Morton, informing the Senate, that they had read a third time and passed a bill, to be entitled ‘an act for the relief of David White;’ in which they desire the concurrence of the Senate.

A bill from the House of Representatives to be entitled ‘an act for the relief of David White,’ was read the first time.

On motion of Mr. Casey, the rule which requires all bills to be read on three several days was dispensed with; and said bill was read the second time.

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

Mr. Moore from the select committee, to whom was referred the bill to be entitled ‘an act for the relief of Henry Stokes and others,’ reported the same with an amendment; which was concurred in.

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

A bill from the House of Representatives, to be entitled ‘an act to authorize Gilbert D. Taylor to emancipate certain slaves therein named,' was read the second time.

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

A bill from the House of Representatives, to be entitled ‘an act to manumit a negro woman slave, Margaret, and her children,’ was read the second time.


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On motion of Mr. Murphy, ordered, that said bill be committed to a select committee to examine and report thereon: Messrs. Murphy, Hopkins and Wood were appointed said committee.

On motion of Mr. wood, the senate, according to order, resolved itself into a committee of the whole, on the bill, to be entitled ‘an act to alter the mode of voting in general elections by the people,’ Mr. Armstrong in the chair; and after sometime spent in the consideration thereof, the committee rose, and Mr. Armstrong reported, that the committee of the whole, had according to order, had said bill under consideration, and had directed him to report the same with sundry amendments.

On motion, the Senate adjourned till 4 o’clock, P.M.

4 o’clock. P. M.

The senate met pursuant to adjournment.

Mr. Bibb moved, that the Senate concur in the report of the committee of the whole on the bill, to be entitled, ‘an act to alter the mode of voting in general elections by the people.’

Mr. Casey moved to amend said bill, by inserting after the words ‘except for militia officers, justices of the peace, and constables,’ in the first section of said bill, the words ‘members of the General Assembly and all other officers.’

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

Yeas

7

Nays

11.

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

Mr. Coats

Conner

Murphy

Sullivan- 7.

Casey

Devereux

Smith

Those who voted in the negative, are,

Mr. President

Crabb

McVay

Shackleford

Armstrong

Hopkins

Metcalf

Wood- 11.

Bibb

McCamy

Moore

Mr. Casey moved to divide the question on concurring in the amendments made by the committee of the whole to said bill.

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

Mr. Casey moved to strike out the words ‘two years,’ in the fourth section of said bill, where it reads thus ‘And be it further enacted, that said act shall continue in force for two years, from and after the passage thereof,’ and insert in lieu thereof, the words ‘one year.’

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

Yeas

7

Nays

11.

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

Mr. Casey

Conner

Murphy

Sullivan - 7

Coats

Devereux

Smith

Those who voted in the negative, are,

Mr. President

Crabb

McVay

Shackleford

Armstrong

Hopkins

Metcalf

Wood- 11

Bibb

McCamy

Moore

The question was then put, will the Senate concur in the amendments made by the committee of the whole to said bill? and decided in the affirmative.

Mr. Coats moved to amend said bill by adding thereto an additional section:

And be it further enacted, that this act shall commence and be in force from and after the first day of January, eighteen hundred and twenty-four.’

And on the question being put on the adoption of said amendment, it was decided in the negative.


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

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

The following communication in writing was received from His excellency, by J. J. Pleasants, esq. secretary of State.

Executive Department, Nov. 29, 1822

Gentlemen of the Senate, and of the House of Representatives:

I have received the resignation of Thomas Murray, esq. as judge f the county court of Mobile county; leaving a vacancy to be filled by the general assembly.

I have the honor to be, your most obedient,

ISRAEL PICKENS.

On motion, ordered, that said communication lie on the table.

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