Mr. Casey, from the Select Committee, to whom was committed a bill to be entitled an act to afford a summary relief of purchasers of lands of the United States, reported the same amended, which was read the first time, and ordered to be read a second time on to-morrow. Mr. Gause, Senator from Montgomery County, returned, and took his seat.
Mr. Hodges, from the Select Committee, to whom was referred the Memorial of Eugenio Campbell made a report by bill, which was read the first time, and, on motion of Mr. Hodges, ordered to be read the second time on to-morrow.
Mr. Hogg, agreeably to notice, asked and obtained leave to bring in a bill to repeal the laws now in force in this state, which authorises separate suits upon joint or joint and several contracts of co-partners in trade; which was read the first time, and ordered to be read the second time on to-morrow.
Mr. Farmer, from the Select Committee, to whom was referred the resolution on the subject of inquiring into the expediency of memorializing Congress for the donation of the islands in certain rivers in the State of Alabama, asked leave and reported the following memorial: to wit.
To the Honourable the Senate and House of Representatives of the United States, in Congress convened, The Memorial of the Legislature of the State of Alabama respectfully represents, That there are a number of islands unoccupied and not disposed of in the rivers Tennessee, Coosa, Tombeckbee, Alabama, and Mobile, in the State of Alabama; and which might if in the power of the said state, be applied to the most beneficial purposes. They, therefore, represent to your Honourable body, that the Alabama State includes a country of fertile soil, interspersed with water courses, which, with the application of proper means, might be rendered navigable. In accomplishing which object not only this state will be much benefitted, but also her adjoining sister states, and add to the interest of the general government, of which Alabama promises to be a flourishing and useful branch. Our state, in her infantile situation, have not yet the means to carry into effect the above mentioned and most desirable object as speedily as the good of the state and the interest of the Union require.
From considerations above enumerated we the representatives of the people of the State of Alabama having in view not only the good of our state, but also that of the United States, respectfully request, that your honourable body, if to you it may seem just and right, to enact some law appropriating the islands in the rivers above mentioned to the purpose of facilitating the navigation of the water courses of the state; which was read the first time, and ordered to be read a second time on to-morrow.
Mr. Hanby, from the Select Committee appointed to inquire into the expediency of providing for the digest of the laws of the state, and to inquire of the Judges of the State what progress they have made in relation to that subject, beg leave to report that they have performed that service, and received for answer the following:
Cahawba, 28th Nov. 1820. To the Honorable the Committee appointed pursuant to a resolution of the Senate, That a Committee be appointed to enquire into the expediency of passing a law providing for the Digest of the laws of the State, and instructing said committee to call on the Judges, and Attorney General, to know what progress they had made, if any, in digesting the laws of the State, as required by the law of the last General Assembly.
Gentlemen, the undersigned regret, that owing to the many arduous duties required of them, of a nature more pressing and indispensable than
those alluded to in the resolution of the Senate, they have not been able to make any progress in the performance of the duty assigned them by the law of the last General Assembly. They presume that it will only be necessary to direct your attention to the many duties, of a nature strictly judicial, incumbent on them by the existing laws, to show satisfactorily the impossibility of complying with the provisions of the law aforesaid.
It is the duty of each Judge in the State to hold the courts of a circuit, composing six counties twice in the year, which occupies, at each time for six to eight weeks. It is, also, the duty of the Attorney General to attend the courts of one of the Judicial circuits, and prosecute in behalf of the State. By advertising to the periods of commencement in the several circuits, it will be found, that there is no time at which the judges and Attorney General could meet together between the commencement of the circuits in January and the meeting of the Supreme Court in May, which occupies from two to three weeks, and closes near the first of June. Immediately succeeding the arduous duties of holding the Circuit Courts, and the still more arduous duties of the Supreme Court, there is a period of about six weeks before it becomes necessary to commence holding the courts of the two circuits, one of which must be attended by the Attorney General; and there is again, no opportunity of a meeting of the Judges and Attorney General until the close of the Supreme Court in the fall, which it is apparent cannot take place much before the first of December, then ensues about six weeks, during which time, it would be impossible for them to remain together, but by a total neglect of private affairs, and absence from their families.
To say nothing of the impolicy and dander to society of occupying in another way, any portion of the time and attention of those on whom devolves the performance of so many and such highly responsible duties, the impracticability of accomplishing, in such short respites from their more immediate duties, a work of so much difficulty and labour, in a manner calculated to be useful and beneficial to the State, cannot fail to be discovered Our experience already proves the inutility of a digest hastily and imperfectly thrown together; and it is not to be presumed that any other tan a well executed work would be acceptable to the Legislature or to the people.
With a due regard to their own characters and to the welfare and interest of the public, the undersigned feel their inadequacy to a proper compliance with the provisions of the law of the last General Assembly, whilst they perform their own duties. With great respect we have the honor to be your obedient servants. (Signed.) C. C. Clay, Reuben Saffold, Abner Lipscomb, Richard Ellis, Henry Hitchcock.
The engrossed bill to be entitled an act to alter and extend the limits of Autauga county, was read a third time and passed, ordered that the title of said bill, be an act to alter and extend the limits of Autauga county, and for other purposes.
An act to change the name of the county of Cahawba to that of Bibb. An act to amend an act to regulate elections, establish certain precincts in the counties therein named and for other purposes, passed on the 16th December, 1819, were severally read a third time and passed. A bill to be entitled an act to amend an act passed December 23d, 1815, fixing a standard for measures, was read a third time and passed. Ordered that the title of said bill be an act to
amend an act passed December 23d, 1815, fixing a standard for measures.
The engrossed bill to be entitled an act to authorize the administrators of Thomas Ragland, dec'd. to sell and transfer certain cetificates of Land therein named, was read a third time and passed. Ordered that the title of said bill, be an act to authorize the administrator of Thomas Ragland, dec'd to sell and transfer certain certificates of Land therein named.
On motion of Mr. Hanby, the following resolution was adopted. Resolved that the Governor be requested to inform the General Assembly, what sum of money accruing to this State from the fund of five per cent. reserved to this State by the act of Congress of the United States, for internal improvements, may now be subject to the order of this State, an what unappropriated balance of the sum appropriated for employing an engineer may yet remain unexpended.
A bill to be entitled an act giving jurisdiction to the courts of certain counties, was read a second time. On motion of Mr. Connor, ordered that said bill be committed to a committee of the whole, and made the order of the day on to-morrow.
A Message from the House of Representatives, by Messrs. Perry & Moore of Madison. Mr. President --The House of Representatives have passed the following bills: a bill to alter an act, entitled an ac to establish certain counties therein mentioned, and for other purposes therein named, which was read the first time and ordered to be read a second time on to-morrow.
A bill entitled an act, authorizing and requiring the keepers of the several Goals in this State, to receive and keep persons committed under the authority of the United States, and amended it in the first section, in the eighth line by striking the words, "the due course of the Laws thereof," and inserting due course of law; which amendment was read and concurred in by the Senate. Ordered that the Secretary acquaint the House of Representatives thereof.
The House of Representatives have passed a bill for the government of the town of Blakeley, which originated in the Senate, with the following amendments: to wit, they have stricken out in the first section, beginning in the third line, the words, the land holders, free holders, and house holders, residents of the town of Blakeley, and have inserted in lieu thereof, "the free white male inhabitants of the age of twenty-one, who have resided in the town of Blakeley, twelve months or have become residents at the tie of such election, or paid taxes therein the year preceding that in which the election shall be held." In the fourth section and seventh line, they have inserted between the words, and and "if" the constitution and laws. In the seventh section the word "polls" stricken out, and each poll inserted in the same section, from the beginning of the sixth line from the top to the 22d line to the word paid inclusive, and have inserted in lieu thereof the following : And the said corporation shall have power to sell to the highest bidder at public auction, any real estate in said town for the arrears of Taxes due thereon, in the following manner: the per-
son who will pay the Tax due on the lot for the fewest number of feet front, running back at right angles from the street to the back line of the lot shall be the purchaser, and the President of the board of Commissioners shall issue to the purchaser a certificate of such sale acknowledging the receipt of the amount of Tax paid and the cost of selling, and expressing also that said lot, or part of the lot so sold, may be redeemed by the proprietor at the time of such sale at any time within two years from the date thereof, upon the payment of said Tax and costs and ten per centum per annum thereon. and if the said proprietor shall fail to redeem as aforesaid, then said President shall convey to said purchaser or purchasers the lot of land sold as aforesaid. The House of Representatives have further amended said Bill, by striking out the ninth section, to which they ask your concurrence. On motion of Mr. Casey, said bill with the amendments was ordered to lie on the table.
According to order the Senate resolved itself into a committee of the whole, on a bill to be entitled an act concerning executions, and for other purposes, Mr. Terrel in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Terrell reported that the committee of the whole had according to order, had said bill under consideration, and had directed him to report the same without amendment, which was concurred in, and ordered to be engrossed and read a third time on to-morrow.
According to order the Senate resolved itself into a committee of the whole, on a bill to be entitled an act to alter and extend the boundaries of the county of Baldwin, and for other purposes, Mr. Garth in the chair, and after some time spent therein, the committee rose. Mr. President resumed the chair, and Mr. Garth reported that the committee according to order had said bill under consideration, but not having time to go through with the same, had directed him to report progress, and ask leave to sit again, which was granted.
According to order the Senate resolved itself into a committee of the whole on a bill to be entitled an act to point out the duties of owners and keepers of mills, who grind grain for toll, 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 of the whole had, according to order, and said bill under consideration, and had directed him to report the same with an amendment, which was read and concurred in.
On motion of Mr. Hogg said bill was ordered to be engrossed, and read a third time on to-morrow.
Mr. Ringgold gave notice, that on to-morrow he should ask for leave to bring in a bill to amend the laws respecting strays; Also a bill to provide for taking the Census of the several counties in this state.
On motion of Mr. Farmer, Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in future it shall be the duty of the Secretary of State at or son after the close of each General Assembly, to deposit in his office all
the records and papers necessarily belonging to the Legislature, which shall be determined by an examination made by the Secretary of State, Secretary of the Senate, and Clerk, of the House of Representatives, who are hereby appointed commissioners for that purpose, which was read the first time, and ordered to be read a second time on to-morrow.
Mr. Casey from the committee on enrolled bills, reported that the committee has examined the following bills and found the same duly enrolled, to wit:
An act authorising the executrix of William Baldwin to sell and convey certain real estate.
An act for the relief of John Boyce, and
An act appointing commissioners to lay out a road, on or near the dividing line, between the counties of Madison and Limestone, which were accordingly signed by the President.
The Senate adjourned until to-morrow morning ten o'clock.