WEDNESDAY, Dec. 8, 1819.

The senate met pursuant to adjournment.

A message from the house of representatives by Mr. Coats- Mr. President: The house of representatives have passed the following acts :

An act to appoint additional commissioners for the town of Huntsville.

An act to alter and amend the laws regulating the admission and practice of attornies at law, in which they desire your concurrence.

They have also passed the following acts, which originated in the senate.

An act to change the name of the county of Cahawba, and have amended the same by striking out the word "Seveir" and inserting Pike in lieu thereof -- and


139

An act to prevent frauds and fraudulent combinations in the sale of public lands, within this state - which they have amended by adding a section thereto; in which they desire your concurrence.

On motion ordered, that said message do lie on the table.

Mr. Farmer from the committee appointed for that purpose, reported the following joint rules, for the government of the General Assembly of the state of Alabama.

1. When a message shall be sent from the senate to the house of representatives, it shall be announced at the bar of the house by the door keeper, and shall be respectfully communicated to the chair by the person bearing the same.

2. The same ceremony shall be observed when a message shall be sent by the house of representatives to the senate.

3. Messages shall be carried by such members as the chair of each may respectively nominate.

4. Whilst bills are upon their passage between the two houses, they shall be under the signature of the secretary or clerk of each house respectively.

5. After a bill shall have passed both houses, the clerk or secretary of the house in which the same may have originated, shall enroll it before it be presented to the Governor for his signature.

6. When bills are enrolled they shall be examined by a joint committee of both houses, as standing committee appointed for that purpose, who shall carefully compare the enrolled with the engrossed copy, and such errors as may appear and report forthwith, to their respective houses.

7. After the examination and report each bill shall be signed in their respective houses, first by the speaker of the house of representatives, then by the president of the senate.

8. After a bill shall have been thus signed, in each house, it shall be presented by said examining commit-


140

tee to the Governor for his approval, it being endorsed on the back of the roll, certifying in which house the same originated, which endorsement shall be signed by the secretary or clerk (as the case may be) of the house in which the same did originate, and shall be entered on the journals of each house. The same committee shall report the day of presentation to the Governor, which shall also be carefully entered on the journals of each house.

9. All orders, resolutions, and votes which are to be presented to the Governor for his approbation, shall in the same manner, be enrolled, examined and signed, and shall be presented by the same committee, in the same manner as provided in case of bills.

10. In every case of amendment of a bill or resolution agreed to in one and disagreed to in the other, either house may insist, and ask a concurrence, and appoint a committee for the purpose, and the other house shall also appoint a committee to confer, and such committee shall meet at such time and place as shall be agreed on, and shall confer freely upon the subject of disagreement, and the committee of conference, if neither will consent or concur, may agree to any modification of the amendment, or amendments of the original bill or resolution, and report the same to their respective houses, subject to the adoption, or rejection of either in part or in whole; and in case of rejection, a conference may be asked, and obtained, as often as one house may think proper to solicit, and the other to consent.

11. When both houses of the General Assembly shall convene in the respective chamber for the purpose of election any public officers, it shall be in order for any member of either house, to nominate any person for the office or appointment about to be filled, and the members nominating may express their opinion of the persons, or persons nominated, and the members of each house shall address themselves to their respective presiding officers, whose duty it shall be to preserve order.

On motion ordered, that said report do lie on the table.


141

Mr. Farmer from the committee to whom was referred the message of his Excellency the Governor of the third inst., with the accompanying documents reported, that the committee had, according to order, had the subject under consideration, and were of opinion that the amendment proposed by the Legislature of the commonwealth of Pennsylvania to the Constitution of the United States, would tend to perpetuate the evils of the paper rages, which are issued by numerous swindling, banking institutions throughout the nation, and against which a national bank is calculated to afford the most effectual remedy -- they therefore submit the following resolution.

Resolved, that it is inexpedient to adopt the amendment to the Constitution of the United States, proposed by the Legislature of the state of Pennsylvania.

On motion, a bill to establish the seat of justice in Montgomery county, was taken up.

Ordered, that the senate do agree to the amendment proposed to said bill by the house of representatives -- and that the secretary acquaint the house of representatives therewith.

An act to amend the acts respecting weights & measures, was taken up, ordered that the senate do agree to the amendments proposed thereto by the house of representatives and the secretary acquaint them therewith.

A bill to amend the several acts concerning the trial of slaves was taken up, and read the first time.

Ordered that said bill be read the second time on to-morrow.

A bill to regulate property contracts was taken up and read the first time. Ordered that said bill be read the second time on to-morrow.

On motion the orders of the day for a second reading were taken up -- a bill to incorporate the steam boat company of Alabama, was read a second time.

On motion of Mr. Seabury ordered that said bill be engrossed for a third reading tomorrow.

A bill to authorise the laying off and cutting certain


142

roads therein mentioned, was read the second time, and on motion committed to committee of the whole and made the order of the day on to-morrow.

A bill to authorise Justices of the peace to received acknowledgment of deeds, &c,. was read the 2d time.

Ordered that said bill be committed to committee of the whole and made the order of the day on to-morrow.

A bill to authorise John Smith, sen., to sell certain real estate was read the third time and passed.

Ordered, that the title of said bill be, an act to authorise John Smith, sen., to make title to certain land therein named.

A bill concerning forth-coming and replevy bonds, was read the third time.

On motion of Mr. Moore, ordered that said bill do lie on the table.

A bill specifying the causes and manner of removing clerks, was read the third time and passed.

Ordered, that the title of said bill be, an act specifying the causes and manner of removing clerks.

An act to regulate elections, and establish separate precincts, was read a third time.

Mr. Rose moved that said bill be committed to a select committee, and on the question being taken thereupon, the yeas and nays being called for, it passed in the negative, yeas 8, nays 12.

Those who voted in the affirmative are Messrs. Farmer, Hanby, Hogg, Moore, Rose, Watkins, Ward, and Seabury.

Those who voted in the negative are Messrs. President, Casey, Conner, Gause, Harwell, Herbert, Hodges, Metcalfe, Ringgold, Sims, Terrell and Trotter.

Said bill then passed.

A bill affixing salaries to certain offices in the state, was taken up.

And on the motion being put that the senate do now agree to the amendment proposed by the houses of representatives, the yeas and nays being called for, it passed in the affirmative, yeas 11, nays 8.


143

Those who voted in the affirmative are Messrs. President, Casey, Conner, Harwell, Ringgold, Sims, Trotter, Watkins, Ware and Seabury.

Those who voted in the negative, Messrs. Hanby, Herbert, Hodges, Hogg, Metcalfe, Moore, Rose and Terrell.

A bill to appoint pilots to pilot boats through the Muscle Shoals in Tennessee river was taken up, and on motion, ordered that the senate do now resolve itself into committee of the whole thereupon, Mr. Watkins in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Watkins reported that the committee had, according to order, had said bill under consideration, and made amendments thereto, which was agreed to by the senate.

Ordered, that said bill be read the third time on to-morrow.

On motion the senate resolved itself into committee of the whole, on a bill to incorporate the Baptist Church of Christ, on Limestone, in Madison county, Mr. Casey in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Casey reported that the committee had according to order, had said bill under consideration, and had amended the same by striking out the first section thereof.

On motion the senate resolved itself into committee of the whole, on the order of the day, a resolution to petition congress to establish a land office at Tuskaloosa, and Conecuh court house, Mr. Watkins in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair and Mr. Watkins reported that the committee had, according to order, had said resolution under consideration, and instructs him to report the same without amendment.

Ordered, that said resolution be read the third time on to-morrow.

According to the order of the day, the senate resolv-


144

ed itself into committee of the whole on a bill to suppress dueling, Mr. Watkins in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Watkins, reported that the committee had according to order, had said bill under consideration, and proposed to amend the same by adding three additional sections thereto. Mr. Casey moved that the senate do concur in said amendment.

The division of the motion having been called by Mr. Moore.

The question was taken on concurrence on the following section.

Be it further enacted, that if any person or persons, shall in any newspaper or handbills, written or printed publish or proclaim any other persons or persons as a coward, or use any opprobrious or abusive language for not accepting a challenge or fighting a duel, such person or persons so offending, shall on conviction be sentenced to pay a fine not exceeding five hundred dollars, as the court may order and direct. The yeas and nays being called for, it passed in the affirmative, yeas 13. nays 7.

Those who voted in the affirmative are Messrs. Casey, Conner, Farmer, Garth, Gause, Herbert, Hodge, Metcalfe, Ringgold, Sims, Terrell, Ware and Seabury.

Those who voted in the negative are Messrs. President, Hanby, Hogg, Moore, Rose, Trotter and Watkins.

The further amendments were concurred in-- on motion of Mr. Garth, the reading of said bill be dispensed with, and that it be read the third time on to-morrow.

Mr. Terrell gave notice that he would on to-morrow move for leave to introduce a bill to empower religious societies of every denomination, to hold real estate.

Mr. Garth moved the adoption of the following resolution. Resolved, that a committee be appointed to prepare and bring in a bill authorising a replevy for twelve months upon all executions that may be in the hands of the sheriff unless the creditor or his attorney has


145

endorsed upon the executions, that the sheriff may take in payment the notes or bills of all good chartered banks.

And on the question being taken thereupon, it passed in the negative.

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

The senate adjourned until to-morrow. morning 10 o'clock.