Wednesday, December 10.

The Senate met pursuant to adjournment.

Mr. Bibb presented the petition of John Martin, late sheriff and jailer of Montgomery county; which was read.

Ordered, That the petition, together with the accompanying documents, be referred to the committee on accounts, to consider and report thereon.

Mr. Bibb, from the committee on propositions and grievances, to whom was referred the bill, entitled an act the better to provide for the families of insolvent debtors, Reported, That it is inexpedient to pass a law embracing the provisions contained in said bill; which was disagreed to.

Ordered, That the bill lie on the table.

Mr. Sullivan, from the special committee, to whom was referred the bill, entitled an act to increase the compensation of jurors therein named, reported the same as amended; which was concurred in.

Ordered, That the bill pass to a third reading on to-morrow.

Mr. Moore, from the committee on enrolled bill, reported a correctly enrolled:


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“An act for the relief of Martin Hogan;”

“An act supplementary to an act entitled an act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained, passed December 27, 1822;”

“An act to amend an act entitled an act to incorporate the Huntsville Fire Engine Company, passed December 10, 1822;” and “An act declaring Cotaco, in Morgan county, a public highway;” which were accordingly signed by Mr. President.

Mr. Sullivan, from the joint committee, to whom was referred the inquiry, whether it will be necessary for the General Assembly, under the provisions of the Constitution, to elect solicitors who were appointed to fill vacancies at the last session, and whether the solicitors elected to fill vacancies shall hold their offices during four years from the date of their elections respectively. Reported,

“That the election at the last session for solicitors, was authorized by the 15th section of the 4th article of the Constitution, which requires that vacancies that may happen in offices the appointment to which is vested in the General Assembly, shall be filled by the Governor, during the recess of the General Assembly, by granting commissioners, which shall expire at the end of the next session.

By this article it is evident that a vacancy in the office of solicitor can only be filled by the Governor till the end of the succeeding session, before which an election by the General Assembly must take place.  Your committee conceive the time for which a solicitor so elected shall serve, is clearly ascertained by the 18th section of the 5th article of the Constitution.  It is expressly declared that solicitors, &c. elected by joint vote of the General Assembly, shall hold their offices for the term of four years. Your committee are therefore of opinion, that it is not necessary at the present session to elect solicitors who were elected at the last session, and that they are entitled to hold their offices for four years;” which was concurred in.

Mr. Murphy, from the committee of both Houses, to whom was referred the resolution to inquire into the expediency of so altering the Constitution of this state, as that the judges of the circuit and county courts should be elected for a term of years, Reported, “That they have had the subject under consideration, and have agreed to report to their respective Houses, that it would be inexpediency to make any alteration of the Constitution as regards the time of service of the judges of the circuit and county courts.”

Mr. McVay moved that the Senate disagree to said report; which was determined in the affirmative- Yeas Nays 8.

The yeas and nays being called for, those who voted in the affirmative, are,

Mr. Armstrong

Conner

McCamy

McVay

Smith

Bibb

Devereux

Metcalf

Powell

Wood- 11.

Casey

Those who voted in the negative, are,

Mr. President

Crabb

Moore

Shackleford

Coats

Hopkins

Murphy

Sullivan- 8.

Mr. Casey moved, that a special committee be appointed to report a resolution recommending to the people an alteration in the Constitution, so as to provide that the judges of the circuit and county courts shall hold their offices for a term of years; which was carried:  Whereupon, Messrs, Casey, McVay and Devereux, were appointed.


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Mr. Bibb obtained leave to introduce a memorial of the General Assembly of the state of Alabama, to the Congress of the United States; which was read, and ordered to be read a second time on to-morrow.

Mr. Powell offered the following resolution:

Resolved, That the special committee appointed on that subject, be instructed, so to alter the Constitution of the State of Alabama, as to extend the time of making the permanent appointment of judges to the year 1835, instead of that now pointed out by the Constitution--  and also to provide for the appointment of judges in the interim; which was rejected.

A bill, entitled an act to amend the act to establish a public road from Ditto’s Landing to Marston Mead’s, was read the second time, and ordered to be referred to the committee on roads, bridges and ferries, to consider and report thereon.

A bill, to be entitled an act allowing to the judge of the county court of Mobile county a certain salary, was read the second time.

Mr. McVay moved, that the further consideration of the bill be indefinitely postponed; which was lost.  The bill was amended on Mr. Armstrong’s motion, and ordered to be engrossed for a third reading on to morrow.

A bill, entitled an act authorizing the county court of Limestone county to make certain allowances therein named, was read the second time, and ordered to be read the third time on to-morrow.

On motion, Ordered, That the bill, entitled an act to establish certain election precincts therein named, and for other purposes, lie on the table.

A bill, entitled an act to allow Henry Hitchcock compensation for superintending the printing the Digest, and making the index for the same, was read the second time.

Mr. McVay moved to amend the bill by striking out the words, “fourteen hundred and twenty-five dollars;” which was carried.

Ordered, That it be engrossed for a third reading to morrow.

A bill, entitled an act to repeal the charter of the Planters’ and Merchant’s Bank of Huntsville, was read the second time.

Mr. Armstrong moved that the further consideration of the bill be indefinitely postponed; which was carried- Yeas 12, Nays 7.

The yeas and nays being called for, those who voted in the affirmative, are,

Mr. President

Casey

Hopkins

Murphy

Shackleford

Armstrong

Coats

McCamy

Powell

Smith- 12.

Bibb

Crabb

Those who voted in the negative, are,

Mr. Conner

Metcalf

McVay

Sullivan

Wood- 7.

       Devereux

Moore

Mr. Wood obtained leave to spread his reasons upon the journal for voting against the indefinite postponement of the bill, entitled an act to repeal the charter of the Planters’ and Merchants’ Bank of Huntsville, which are as follows:

John Wood, senator from Jefferson county, offers the following reasons to his constituents, for voting for the bill to annul the charter of the Planters’ and Merchants Bank of Huntsville.

I believe that the power that creates is competent to dissolve.  If it were not the case, the safety of the people would be endangered, beyond their control provided any legislature should prove so corrupt, or so ignorant as to grant privileges to any individual or individuals, corporation


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or corporations, that would be calculated to prejudice the interest of the great mass of the people of this state.  The only alternative being to apply to a judicial tribunal, the progress of which is solve, and in some cases would amount to a denial of justice; where it would become the interest of those holding bank charters, to comply on their part so as to prevent a judicial tribunal from giving the necessary relief, although calculated to destroy the best interests of the people through time.

Such a doctrine is preposterous, and fraught with all the ill consequences calculated to destroy the rights of a free people.  I conceive the constitutional scruples urges against the competency of the legislature to annul or dissolve bank charters, to have no just weight; such charters not standing on the same footing of contracts contemplated in the Constitution, there being no consideration paid to the state by the opposite party.  The only inducement on the part of the state to grant such charters, being to promote the public good; therefore it seems that whenever any institution or bank charge fails to answer to purposes for which they were intended, and instead of proving a blessing, proves a curse, as the Huntsville Bank has not done.

It becomes imperiously the duty of the legislature to interpose their authority in repealing such charters; any failures on their part, in my opinion amounts to a neglect of duty, as well as a flagrant violation of the Constitution, and a full denial for the sovereignty of the people.

(Signed) JOHN WOOD.

On motion, the Senate adjourned till 3 o’clock, P.M.

Evening Session.

Mr. Powell obtained leave to introduce a resolution providing more effectually for the trial of the writ of quo warranto, now depending in the 5th judicial circuit, against the Planters’ and Merchants’ Bank of Huntsville; which was read; and ordered to a 2d reading on to-morrow.

A message from the Governor, by J. J. Pleasants, esq. secretary of state.

Mr. President:- The Governor, did, on the 9th inst approve and sign.

“Resolution extending the time of payment of lots in the town of Cahawba;”

“An act to amend an act entitled, an act to establish a public road from the house of John Gandie in Morgan county, to Baltimore or Morgan's spring in Blount county, passed December 23, 1822;” and

“An act restricting the recovery of claims against the counties respectively, in certain cases;” and on this day,

“An act for the relief of Martin Hogan;”

“An act supplementary to an act entitled an to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained, passed December 27, 1832;”

“An act declaring Cotaco in Morgan county a public highway;”

“An act to amend an act entitled an act to incorporate the Huntsville Fire Engine Company, passed December 10, 1822;” all of which originated in the Senate.

An engrossed bill entitled “An act to repeal in part an act concerning divorce, passed 21st December, 1820;” was read the third time and passed.

Ordered, That the words “engrossed bill to be entitled;”


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stricken out of the caption; and that it be sent to the House for concurrence.

An engrossed bill, entitled “An act to establish the Bank of the State of Alabama;” was read the third time.

Mr. Armstrong moved to recommit the bill to the committee who reported it, to consider and report thereon, which was lost.

Yeas 8, Nays 11.

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

Mr. President

Bibb

Hopkins

McVay

Armstrong

Crabb

Moore

Powell-8

Those who voted in the negative, are,

Mr. Coats

Devereux

Murphy

Sullivan

Casey

McCamy

Shackleford,

Wood- 11.

Conner

Metcalf

Smith

The blanks being filled.

The question was then put “shall this bill pass?” and decided in the affirmative.

Yeas 13, Nays 6.

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

Mr. Coats

Crabb

Metcalf

Shackleford

Wood- 13.

Casey

Devereux

Moore

Smith

Conner

McCamy

Murphy

Sullivan

Those who voted in the negative, are,

Mr. President

Bibb

McVay

Armstrong

Hopkins

Powell- 6

So the bill was passed.

Ordered, That the title be “An act to establish the Bank of the State of Alabama;” and that it be sent the House of Representatives for concurrence.

And then the Senate adjourned till to-morrow morning at ten o’clock.