Wednesday, Dec. 31.

Mr. Fitts, from the joint com. on enrolled bills, reported that said committee had examined, and found correctly enrolled, bills of the following titles, to wit: An act to repeal so much of an act, passed on the 13th days of Dec. 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States; An act to authorize Wm. E. Dupree to emancipate a certain slave named Billy; An act allowing a certain salary to the Judge of the county court of Mobile county; An act for the relief of Thomas C. Jones; An act to provide for taking the census: An act to authorize the stockholders in the Tombeckbe Bank to remove the same; An act declaring the old road from Warren Stone's in Montgomery county, to the town of Montgomery the state road, and for other purposes: An act to enable the mayor and aldermen of the city of Mobile to pass


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quarantine laws; An act restricting officers from taking commissions on costs collected by them on execution; Resolution concerning the district court of the United States; Resolution in relation to certain depreciated paper in the treasury of this state; An act to regulate the commissions of assessors and tax collectors; An act to revise and amend an act entitled an act, to revise, consolidate and amend the several acts relative to the militia of this state.

Message from the Senate by Mr. Lyon, their secretary; Mr. Speaker, the Senate have passed a bill, originating in your house, entitled An act making appropriations for the year 1824. They have also passed a resolution in relation to the printing and distribution of the acts resolutions and journals of the General Assembly; which originated in your house. They have also passed a bill, originating in your house, entitled an act to authorize Rodah Horton and associates, to construct a turnpike road therein named; which they have amended, and in which they desire your concurrence. They have also passed a bill, originating in your house, entitled an act to authorize David Dickinson, Reuben Hays and Wm. Hays, to emancipate certain negroes therein named. They insist upon their disagreement to the amendment made by your honorable body, to the bill entitled an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Green Academy. They have passed a resolution originating in their house, entitled resolution providing for the safe keeping of the furniture belonging to the state-house; in all which they desire your concurrence. Ordered, that this house concur in the amendments made by the senate, to the bill, entitled an act to authorize Rodah Horton and associates, to construct a turnpike road therein named. Ordered, that the clerk acquaint the senate therewith. Ordered, that the house adhere to their amendment to the bill entitled an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Greene Academy. Ordered, that the clerk acquaint the senate therewith.

Resolution from the senate, providing for the safe keeping of the furniture belonging to the state house, was read a first time; and the rule being successively dispensed with, it was read a second and third time and passed. Ordered, that the clerk acquaint the senate therewith.

Ordered, that this house concur in the amendments made by the senate to the bill, entitled an act amendatory of the laws now in force respecting roads. Ordered, that the clerk inform the senate thereof.

A communication was received from the Governor by Mr. Pleasants secretary of state, which he delivered in at the speaker's table, and then he withdrew. Said communication was in writing and is as follows:

Executive Department, Dec. 31, 1823.

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

I feel it my duty while certain subjects having an important relation to our navigable waters have been under consideration, and may yet be within the reach of the General Assembly, to call your attention to the ordinance passed in convention and appended to the constitution of the state; the last clause of which provides in the following words: that all navigable waters within this state shall forever remain public highways free to the citizens of this state and of the United States without any tax, duty, impost or toll therefor imposed by this state, and this ordinance is hereby declared irrevocable without the consent of the United States." Taking this clause in its most comprehensive sense it may well be questioned, whether a shoal intercepting a navigable river may be subjected to toll, for improving the same, without the assent of the U. States; and it will always be a question depending on the topography of the several places improved to determine how far a given improvement may tend to limit the existing liberty of any navigation on any river.

Believing the Congress will assent to a proposition so laudable


187

so extensively beneficial and at the same time so reasonable, I recommend that an act may be passed subjecting such acts as have been passed at the present session, proposing to improve any navigable rivers by liberty of toll, or by exclusive rights to the condition of the assent of Congress being had thereto. I have the honor to be, &c. ISRAEL PICKENS.

Ordered, That said communication be referred to a select committee consisting of Messrs. Adair, Jackson, Martin, Weissinger, and Crenshaw.

Mr. Fitts, from joint committee on enrolled bills reported that said committee had examined and found correctly enrolled, bills of the following titles, to wit: An act to repeal in part, and amend an act, entitled an act, supplementary to an act to establish a state university, passed Dec. 18, 1821; An act to authorize the judge of the county court and commissioners of roads and revenue of Mobile county, to levy an extra tax for the purpose of building a court house and jail in said county, and for other purposes; An act to incorporate the Limestone and Flint River Navigation Companies; An act to improve the navigation of the Tennessee river; and Resolution appointing commissioners of the reserved lands in the town of Cahawba.

Message from the Senate, by Mr. Lyon, their secretary: Mr. Speaker, The Senate have passed bills originating in your house, entitled An act to authorize the administratrix of Oliver Holman, deceased, late of the county of Mobile, to sell real estate; and for other purposes. An act dividing the 22d regiment of Alabama militia; which they have amended and in which amendments, they desire your concurrence. They adhere to their disagreement to the amendment made by your honorable body to the bill, entitled an act appropriating the fines and forfeitures accruing in Madison county to the benefit of Greene Academy; They have appointed a committee of conference on their part consisting of Messrs. Casey, Bibb, and Hopkins to meet and confer with such committee as may be appointed on the part of your honorable body on sad disagreement and then he withdrew.

An engrossed bill, entitled An act for the relief of the tax collectors in certain counties therein named; was read a third time and passed. Yeas 24, Nays 23.

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

Mr. Adair

Fluker

Lanier

Martin

Smith

Beck

Hallett

McVay

Miller

Tindall

Barclay

Jackson

Moore of Mad.

Powell

Whitaker

Crenshaw

Jones

Moore of J.

Peyton

Young-24

Fields

King

Mead

Pickett

Those who voted in the negative, are:

Mr. Speaker

Goodhue

McLemore

Philpott

Sargent

Brown

Hill of B.

Moore of Mar.

Perkins

Skinner

Creagh

Harrison

Mardis

Sims

Weissinger-23

Dennis

Haines

McLaughlin

Salter

Fitts

Lister

Manly

Shotwell
 

Ordered, That the title be as aforesaid, Ordered, That the clerk acquaint the Senate therewith.

A communication from the Senate, by Mr. Lyon, their secretary:- Mr. Speaker-The Senate have appointed a committee on their part, consisting of Messrs. Hopkins, Bibb & Shackleford, to act with such committee as may be appointed on the part of your honorable body, to take into consideration the Message of the Governor of this day upon the subject of our navigable waters. And then he withdrew

Ordered, That the select committee appointed by this House on said communication, be a committee of conference to act with the committee on the part of the Senate on said communication of the Governor.

A message from the Senate, by Mr. Lyon, their secretary: Mr. Speaker, The Senate have passed bills, originating in your house, entitled An act for the relief of Robert H. Gregg, tax collector for Wilcox county for the year 1820; An act for the relief of Thomas Berry, and An act supplementary to an act allowing an additional number of jurors to the Madison circuit court- and then he withdrew.

A communication was received from the Governor, by Mr. Pleasants secretary of state, notifying this house, that the Governor did on this day approve and sign, An act to change the state road, and for other purposes; An act to amend the charter of the Planters & Merchants Bank of Hunts-


188

ville, and to provide for the speedy resumption of specie payments thereby: An act in relation to seamen belonging to vessels in the merchants service: An act to authorize William Blake to emancipate a negro man slave named Jacob: An act to incorporate the trustees of the Claiborne Academy: An act to provide for the sale of lands and slaves at the towns of Courtland and Tuscumbia in certain cases; An act to better regulate the proceedings of public officers, in the several counties in this state: An act to compensate Ferdinand Sannoner for a map of the state of Alabama; An act to emancipate certain persons therein named; An act to authorize the President and trustees of the University of Alabama to dispose of the lands belonging to said institution, by admitting entries; An act to compel parties to a suit who plead the loss of any instrument in writing under which they claim a benefit, to make oath to the truth of such pleading; An act to repeal in part, and amend an act entitled an act to incorporate the town of Athens in Limestone county, passed the 19th day of Nov. 1818; and an act to provide for the payment of state witnesses- all of which originated in the House of Representatives.

A communication was received from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate have passed a bill which originated in your House, entitled an act authorizing the county court of Limestone county to make certain allowances therein named. And then he withdrew.

Ordered, That the House concur in the amendments made by the Senate to the bill, entitled an act dividing the 22d regiment of Alabama militia. Ordered, That the clerk inform the Senate thereof.

Ordered, That Messrs. Adair, Miller, Lanier and King, be appointed a committee of conference, to act with the committee appointed on the part of the Senate, in relation to the disagreement between the two Houses, on the amendment made by this House to the bill entitled an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Greene Academy.

Ordered, That the clerk inform the Senate thereof.

A bill from the Senate, entitled an act for the relief of the people in certain counties therein named, was read a third time and passed.

Yeas 26,       Nays 20.

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

Mr. Brown

King

Moore of Mar.

Phillips

Sargent

Barclay

Lanier

Mead

Philpott

Skinner

Fleming

McVay

Manly

Powell

Smith

Goodhue

Moore of Mad.

Martin

Peyton

Whitaker

Jackson

Moore of J.

Miller

Pickett

Young-26

 Jones
     

Those who voted in the negative, are:

Mr. Speaker

Dennis

Hallett

Mardis

Shotwell

Beck

Fields

Harrison

McLaughlin

Sims

Crenshaw

Fitts

Lister

Perkins

Tindall

Creagh

Fluker

McLemore

Salter

Weissinger-20

Ordered, That the clerk inform the Senate thereof.

Resolution proposing an alteration to the 13th section and 5th article of the Constitution of the state of Alabama, was read a third time, and there not being the constitutional majority for it, it was lost-Yeas 27, Nays 15.

Those who voted in the affirmative are:

Mr. Speaker

Goodhue

Mardis

Pickett

Smith

Beck

Hallett

Mead

Salter

Whitaker

Brown

Lister

Martin

Sims

Weissinger-27

Crenshaw

McLemore

Miller

Shotwell

Dennis

McVay

Phillips

Sargent
 

Fitts

Moore of Mad.

Philpott

Skinner
 

Those who voted in the negative are:

Mr. Barclay

Fluker

Jackson

Moore of Mar.

Perkins

Creagh

Fleming

Jones

Manly

Tindall

Fields

Harrison

Moore of J.

Peyton

Young-15


189

The House then took into consideration the bill, entitled an act regulating the fees of justices and constables; the amendments thereto by the Senate, being under consideration.

Mr. Weissinger moved, that the further consideration of the said bill, with the amendments thereto, be postponed till the 4th day of July next which was lost-Yeas 21, Nays 25.

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

Mr. Speaker

Dennis

Harrison

McLaughlin

Weissinger-21

Adair

Fields

Lister

Miller

Beck

Fluker

McLemore

Phillips
 

Crenshaw

Hallett

Moore of Mar.

Pickett
 

Creagh

Hill of B

Mardis

Salter
 

Those who voted in the negative:

Mr. Brown

Jackson

Moore of Mad.

Powell

Skinner

Barclay

Jones

Mead

Peyton

Smith

Fitts

King

Manly

Perkins

Tindall

Fleming

Lanier

Martin

Shotwell

Whitaker

Goodhue

McVay

Philpott

Sargent

Young-25

The question was then taken on agreeing to the following amendment made by the Senate:

Sec. 4. And be it further enacted, That the counsellors and attorneys at law shall be entitled to receive none other than the following fees, to wit:

For prosecuting or defending a suit in the county court,    $2 00

For like services in the circuit court,                                  3 00

For prosecuting or defending a suit in chancery,               10 00

For prosecuting or defending a mixed or real action,

when the titles or bounds of lands are in question,          $15 00

And decided in the affirmative-Yeas 31, Nays 17.

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

Mr. Brown

Harrison

McLemore

Manly

Shotwell

Dennis

Jackson

McVay

Philpott

Sargent

Fields

Jones

Moore of Mad.

Powell

Skinner

Fitts

King

Moore of J.

Peyton

Smith

Fluker

Lister

Mead

Perkins

Whitaker

Fleming

Lanier

McLaughlin

Salter

Young-31

Those who voted in the negative, are:

Mr. Speaker

Crenshaw

Moore of Mar.

Phillips

Weissinger-17

Adair

Creagh

Mardis

Pickett

Beck

Goodhue

Martin

Sims
 

Barclay

Hallett

Miller

Tindall
 

The question was then taken on agreeing to the following amendment made by the Senate:

Sec. 5. And be it further enacted, That if any counsellor or attorney at law shall either directly or indirectly charge or receive a larger fee than is allowed in the foregoing section, without making a special contract for the same, he shall be liable for a prosecution for extortion; and decided in the affirmative-Yeas 32, Nays 15.

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

Mr. Brown

Harrison

McVay

Phillips

Smith

Barclay

Jackson

Moore of Mad.

Philpott

Whitaker

Dennis

Jones

Moore of Mar.

Peyton

Weissinger

Fields

King

Mardis

Perkins

Young-32

Fitts

Lister

Mead

Shotwell

Fluker

Lanier

McLaughlin

Sargent
 

Hill of B.

McLemore

Manly

Skinner
 

Those who voted in the negative, are:

Mr. Speaker

Creagh

Hallett

Miller

Salter

Beck

Fleming

Moore of J.

Phillips

Sims

Crenshaw

Goodhue

Martin

Pickett

Tindall-15

Ordered, That this House concur in the amendment additional sections. Ordered, That this House disagree to the other amendments made by the Senate to the said bill. Ordered, That the clerk acquaint the Senate therewith. The House adjourned till 3 o'clock, P.M.


190

Eventing 8 o'clock

A message from the Senate by Mr. Lyon, their secretary.

Mr. Speaker- The Senate concur in the amendments made by your honorable body to the bill, entitled an act for the relief of the people of the state of Alabama. They recede from their amendments to the bill, entitled an act regulating the fees of justices, constables and lawyers, by striking out all of the first section after the enacting clause; by striking out the words, "And be it further enacted, "in the 2d section; and by string out the words "above recited act, " and inserting in lieu thereof the words "an act to revise, consolidate, and amend the several acts relative to justices of the peace and constables, passed December 27, 1814." And then he withdrew.

Mr. Adair, form the joint committee appointed by this House on the communication of the Governor concerning the navigable waters of this state, reported a law to be entitled an act supplemental to and explanatory of two acts one to improve the navigation of the Coosa river, and to aid in its connexion with the Tennessee waters; and the other to improve the navigation of the Tennessee river; which was read at first time and the rule being suspended, it was read a second and third time forthwith and passed. Ordered, That the title be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

The House then took up a bill, entitled an act to increase the compensation of jurors in the counties therein named, and for other purposes. Ordered, That the House concur in the amendments made thereto by the Senate. Ordered, That the clerk acquaint the Senate therewith.

Message from the Senate, by Mr. Lyon, their secretary: Mr. Speaker The Senate have passed a bill originating in your House, entitled an act making appropriations for certain claims against the state, and for other purposes; which they have amended, and on which amendment they desire your concurrence. They have also passed a bill, originating in your House, entitled an act supplemental to and explanatory of two acts; one to improve the navigation of the Coosa river, and to aid in its connexion with the Tennessee waters and the other to improve the navigation of the Tennessee river. And then he withdrew.

Ordered, That this House concur in the amendments made by the Senate to the bill, entitled an act making appropriations for certain claims against the state. Ordered, That the clerk acquaint the Senate therewith Message from the Senate by Mr. Lyon, their secretary: Mr. Speaker- The Senate have concurred in the report of the committee of conference appointed on their part to act with the one appointed on the part of your honorable body, upon the subject matter of disagreement between the two Houses in relation to the amendment made by your honorable body to the bill, entitled an act appropriating the fines and forfeiture accruing in Madison county, to the benefit of Greene Academy; which report recommends to them to recede from their disagreement to said amendment. And then he withdrew.

Mr. Weissinger obtained leave to introduce the following joint resolution: Resolution authorizing the commissioners of the loan of the State Bank, to prepare certain rooms in the state house, to carry on the operations of the bank, which resolution was read a first time and the rule being suspended, it was read a 2d time forthwith & ordered to lie on the table.

Mr. Adair obtained leave to introduce the following resolution; Resolution requesting our Senators and Representatives in Congress to procure the assent of Congress to two bills for the improvement of our marigation: which was read a first time, and the rule being successively suspended, it was read a 2d and 3d time forthwith, and passed. Ordered, that the clerk acquaint the Senate therewith.

Mr. Phillips being in the chair, on motion of Mr. Perkins, Resolved, unanimously, that the thanks of this House be, and are hereby presented to the honorable Samuel W. Oliver, speaker of this house, for the able and impartial manner in which he has discharged the duties of the chair.

Message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, The Senate have passed a resolution requesting our Senators and Repre-


191

sentatives in Congress, to procure the assent of Congress, to two bills for the improvement of our navigation.

They have also adopted the following resolution: Resolved, That a committee be appointed on the part of this House, to act with such committee, as may be appointed on the part of the House of Representatives, to wait on his Excellency the Governor, and inform him that the two Houses have completed the business before them and are ready to adjourn sine die, if he has no further communication to make. They have appointed on their part, Messrs. Moore and Bibb; in which they desire your concurrence. And then he withdrew. Ordered, That this House concur in said resolution: Whereupon Messrs. Adair, Manly and McLemore were appointed a joint committee on the part of this House.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Phillips to introduce the following joint resolution: Resolution appointing John a. Cotton and William Hendrick, commissioners to examine the state road leading from Line Creek to Coffeeville; which was read three times (the rule having been successively dispensed with) and passed. Ordered, that the clerk inform the Senate thereof.

Mr. Martin, from the joint committee on enrolled bills, reported that said committee had examined, and found correctly enrolled, bills of the following titles, to wit: An act supplemental to, and explanatory of two acts, one to improve the navigation of the Coosa river, and to aid in its connexion with the Tennessee waters; and the other to improve the navigation of the Tennessee river; Resolutions in relation to the printing and distribution of the acts, resolutions and journals of the general Assembly. An act to authorize David Dickinson, Reuben Hays and William Hays to emancipate certain slaves therein named' An act for the relief of Robert H. Grigg, tax collector of Wilcox county, for the year 1820; An act amendatory to the laws now in force respecting roads, &c. An act making appropriations for the year 1824; An act to authorize the county court of Limestone county, to make certain allowances therein named; An act supplementary to an act allowing an additional number of jurors to the Madison circuit; An act for the relief of Thomas Perry; An act dividing the 22d regiment of Alabama militia; An act to authorize the administratrix of Oliver Holman, dec'd late of the county of Mobile, to sell real estate, and for other purposes; Resolution providing for the safe keeping of the furniture belonging to the state-house: An act regulating the fees of justices, constables and lawyers; An act to increase the compensation of jurors.

And then the house adjourned till 7 o'clock this evening.

Evening 7 o'clock

Message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate have read three times and passed a resolution originating in your House, entitled Resolution appointing John W. Cotton and William Hendrick, commissioners to examine the state road leading from Line Creek to Coffeeville.

A communication was received from the Governor by Mr. Pleasants, secretary of state, which he delivered in at the speaker's table. And then he withdrew. The said communication was in writing and is as follows:

Executive Office, Dec. 31, 1823

Gentlemen of the House of Representatives: I return to the House of Representatives, in which it originated the act entitled an act supplementary to an act allowing an additional number of jurors to the Madison circuit court. Another act which I have this day approved, embraces substantially the same provisions, and is of more general import. Presuming this repetition of enactments to be unintentional and certainly not necessary, I have not approved the first named act.

ISRAEL PICKENS.

A communication was also received from the Governor, by Mr. Pleasants, secretary of state notifying this House that the Governor did on this day approve and sign, An act supplemental to and explanatory of


192

two acts, one to improve the navigation of the Coosa River, and to aid in its connexion with the Tennessee waters; and the other to improve the navigation of the Tennessee River; Resolution in relation to the printing and distribution of the acts, resolutions and journals of the General Assembly; An act for the relief of Thomas Berry; An act to authorize the administratrix of Oliver Holman, deceased, late of Mobile county to sell real estate, and for other purposes; An act making appropriations for the year 1824; An act dividing the 22d regiment of Alabama militia; An act to improve the navigation of Tennessee River; An act regulating the fees of justices, constables and lawyers; An act for the relief of Robert H. Gregg, tax collector of Wilcox county for the year 1820; An act amendatory to the laws now in force respecting roads, &c. An act to authorize David Dickinson, Reuben Hays and William Hays, to emancipate certain negroes therein named; An act authorizing the county court of Limestone to make certain allowances therein named; An act to regulate the commissions of assessors and tax collectors; &, An act to revise and amend an act, entitled an act to revise, consolidate & amend the several acts relative to the militia of this state; all of which originated in the House of Representatives.

Mr. Martin from the joint committee on enrolled bills, Reported that said committee have examined and found correctly enrolled, bills of the following titles, to wit:

An act appropriating the fines and forfeitures accruing in Madison county to the benefit of Greene Academy; An act for the relief of the tax collectors therein named; Resolutions requesting our Senators and Representatives in Congress, to procure the assent of Congress to two bills, for the improvement of our navigation; an act making appropriations for certain claims against the state and for other purposes; An act to authorize Rodah Horton and his associates, to construct a turnpike road therein named; Resolution appointing J. A. Cotton & Wms. Hendrick, commissioners to examine the State Road leading from Line Creek to Coffeeville.

On motion of Mr. Jones, Resolved, That a message be sent to the Senate informing them that this House has finished all the business before them, and are now ready to adjourn sine die. Ordered, That the clerk inform the Senate thereof.

A communication was received from the Governor, by Mr. Pleasants, secretary of state notifying this House that the Governor did on this day approve and sign; An act to authorize Rodah Horton and associates to construct a turnpike road therein named; Resolution requesting our Senators and representatives in Congress to procure the assent of Congress to two bills for the improvement of our navigation; An act making appropriations for certain claims against the state and for other purposes Resolution appointing John A. Cotton and Williams Hendrick, commissioners to examine the state road leading form Line Creek to Coffeeville; all of which originated in the House of Representatives.

Mr. Adair form the joint committee, appointed by the two houses to wait on his excellency the Governor, to inform him that the two houses had gone through the business before them; and were ready to adjourn sine die if he had no further communication to make; Reported That said committee had performed that duty; and received for answer, that he had no further communications to make.

A message was received from the Senate by Mr. Lyon their secretary informing this House that the Senate having finished the business before them were about to adjourn sine die.

Mr. Adair then moved that this House do now adjourn sine die; which was carried.

The Speaker then after making his acknowledgments to the House in an appropriate manner pronounced that this House stands adjourned sine die. NAT DODSON, Clerk of the House of Representatives.