Thursday, December 11.

The Senate met pursuant to adjournment.

Mr. Wood presented the petition and account of Daniel Ayres, late deputy sheriff and jailer of Jefferson county; which was ordered to be referred to the committee on accounts.

Mr. Shackleford, from the special committee, to whom was referred the memorial to Congress, praying a donation of land for the seat of justice for the counties of Pike and Bibb, reported the same as amended--  which was concurred in.

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

Mr. Bibb, from the committee on propositions and grievances, to whom was referred the petition of Daniel Rather, reported a bill, entitled “An act authorizing the payment of certain claims against the state for keeping prisoners;” which was read.

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

Mr. McVay offered the following resolution: Resolved, That his excellency the Governor as president of the board of trustees of the University of the State of Alabama, be requested to inform this house, what quantity of the university lands of this state has been sold; what his been the whole amount of sales; how much money has been actually received, and by whom and in whose hands the money now is; how much money had been expended, & for what purposes; who has received money for claims against the university;

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what sum had each claimant received, and for what services or purpose, together with such information as he may be in possession relating to the funds of said institution.

On motion, Ordered, That the resolution lie on the table.

Mr. McVay, also offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into expediency of giving to the justices of the peace the powers now exercised by the judges of the county courts associated with the commissioners of revenue and roads, and that the said justices meet at their respective court houses at the times now appointed by law to perform their duties.  That five justices be a quorum to do business, and that the clerks of the county courts be required to attend, and perform the duties now imposed at the meetings of the judges of the county courts, and commissioners of roads and revenue- which was adopted.

A message from the House of Representatives by Mr. Dodson, their clerk:

Mr. President:- The House of Representatives have passed bills, which originated in your honorable body, entitled “An act to regulate escheats in this state, and to appoint escheators;” and “An act amendatory to an act entitled, an act to provide for the printing of the laws and journals, and for other purposes, passed December 25th, 1822;” and have amended the latter by inserting in the first section, aster the word “printer” the words “or printers.” By striking out the 2d and 3d sections and substituting there for the accompanying sections:- In which amendments they desire your concurrence.

They have also read a third time and passed, a “Preamble and resolutions proposing Gen. Andrew Jackson, as a suitable candidate for President of the United States;” in which they desire your concurrence.

Mr. Bibb moved to reconsider the vote of the Senate on postponing indefinitely the bill, entitled “An act to repeal the charter of the Planters’ and Merchants’ Bank of Huntsville;” which was carried.

Ordered, That it be engrossed for a third reading on to-morrow Mr. Casey moved, That the Senate disagree to the amendment made by the House of Representatives to the bill, entitled “An act amendatory to an act, entitled an act to provide for the printing of the laws and journals, and for other purposes, passed December 25, 1822;” which was determining in the affirmative.

Yeas 13. Nays 6.

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

Mr. Bibb

Conner

McCamy

Powell

Wood- 13.

Casey

Crabb

Moore

Smith

Coats

Devereux

Murphy

Sullivan

Those who voted in the negative, are,

Mr. President

Hopkins

McVay

Armstrong

Metcalf

Shackleford- 6.

Ordered, That the secretary acquaint the House therewith.

Resolution, from the House of Representatives, proposing Gen. Andrew Jackson as a suitable candidate for President of the United States, were read the first time.


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Mr. Wood moved that the resolutions lie on the table till to-morrow: which was lost.

Yeas 8. Nays 11.

Those who voted in the affirmative, are,

Mr. Bibb

Coats

Metcalf

Sullivan

Casey

Devereux

Murphy

Wood- 8.

Those who voted in the negative, are,

Mr. President

Crabb

Moore

Shackleford

Armstrong

Hopkins,

McVay

Smith- 11.

Conner

McCamy

Powell

On motion, Ordered, That the resolutions pass to a second reading on to-morrow.

On motion of Mr. Conner, the bill entitled “An act for the relief of Thomas C. Jones,” was taken up.  Mr. Sullivan moved, that the further consideration of the bill be indefinitely postponed; which was lost.

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

Mr. Powell obtained leave to introduce a bill to be entitled “An act to establish the town of Carthage;” which was read the first time, and ordered to pass to a second reading on to-morrow.

A bill, entitled “an act to increase the compensation of jurors in the counties therein named;” was read the third time and passed.

Ordered, That the words “in the counties therein named;” be stricken out of the caption; and that the secretary acquaint the House therewith.

A bill, entitled “An act authorizing the county court of Limestone county to make certain allowances therein named;” was read the third time, and ordered to lie on the table.

A memorial of the General Assembly of the State of Alabama to the Congress of the United States, was read the second time, and committed to the judiciary committee on consider and report thereon.

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; was read the second time and ordered to be engrossed for a third reading on to-morrow.

A bill, entitled “An act allowing to the judge of the county court of Mobile county, a certain salary,” was read the third time.

Mr. Armstrong moved till the blank in the bill where it imposes tax on billiard tables, with “one hundred and fifty dollars;” which was carried.

The question was then put, shall this bill pass? and decided in the negative--  yeas 9, nays 9.

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

Mr. President

Conner

Hopkins

Murphy

Shackleford-9.

Armstrong

Devereux

Moore

Powell

Those who voted in the negative, are,

Mr. Bibb

Coats

McCamy

McVay

Wood- 9.

Casey

Crabb

Metcalf

Sullivan

so the bill was rejected.

A bill to be entitled “An act to allow Henry Hitchcock compensation for superintending the printing the digest, and making the index for the same;” was read the third time and ordered to lie on the table.


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Mr. Moore availed himself of the constitutional privilege, 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:

“I, David Moore, of Madison county, voted against the indefinite postponement of a bill to repeal the charter of the Huntsville Bank, on its second reading; because I did not which to throw the bill out of the House, before its friends should have an opportunity of making it as perfect as possible --- believing it to be a correct course of legislation at all times to allow as much time as possible for deliberation and reflection on subjects especially, which may greatly affect the public interest, or the interest of a consideration portion of the community.  When voting with the friends of the bill to retain it in the House, I wish it to be understood, that I did not give that vote because I was friendly to the passage of the bill; and as I am always desirous of being fully understood on all other subject, but particularly on this: I then gave notice to the Senate, to prevent being misrepresented, that if the bill in its present shape should pass to its third reading, I should vote against its passage ---  and the following are my reasons:

1st.  Because the repeal of the charter would have the effect of depressing the value of Huntsville Bank notes, which are now twenty five per cent below par, to probably 50 or 60 per cent below par, which must fall entirely on the holders of the Huntsville Bank notes.

2d.  That the bill in providing a remedy for an evil, creates another of ten fold magnitude by defrauding the innocent holder of Huntsville Bank notes honestly obtained, out a large portion of their present value, and throwing it into the pockets of a few capitalists speculators, and interested shavers, who alone would but it up.

3d.  Because two years ago a law was passed, more certain in its operation, and more effectual, because it guards the rights of all concerned, by giving it to the courts of judicature, where it properly belongs.

4th. Because the subject is now before the circuit court where it has been pending for 18 months, and which must have a final hearing long before this law if passed, could be enforced.”

(Signed) DAVID MOORE.

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