Monday, December 15.

The Senate met pursuant to adjournment.

Mr. Moore presented the petition of William E. Dupree, praying the passage of a law authorizing him to emancipate a certain slave, named Billy, which was read and ordered to be referred to a special committee, consisting of Messrs. Moore, Powell and Metcalf to consider and report thereon.

Mr. Powell obtained leave to introduce a bill, to be entitled “An act to prevent fraudulent conveyances;” which was read, and ordered to a second reading on to-morrow.

Mr. Casey obtained leave to introduce a bill, to be entitled “An act to repeal in part, and amend an act, entitled, an act to establish a State University, passed December 18, 1821;” which was read, and ordered to a second reading on to-morrow.

Mr. Moore offered the following resolution: Resolved, That the committee of revisal and unfinished business of the last session, be instructed to report to this House a bill, to be entitled an act to incorporate the Limestone and Flint River Navigation Companies, which was adopted.

Mr. Smith obtained leave to introduce a bill, to be entitled “An


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act declaring Jackson's Creek and Tatillabee creek in Clarke county navigable streams;” which was read, and ordered to a second reading on to-morrow.

The Senate took into consideration the amendments made the House of Representatives to the bill, entitled “An act to provide for taking the census,” and disagreed to all except the last one; to which they concurred.

Ordered, That the secretary acquaint the House therewith.

On motion of Mr. Casey, Resolved, That his Excellency the Governor be requested to lay before the Senate all the information in his possession, in relation to the African negroes, to which this state has a claim.

A bill, entitled “an act regulating the licensing physicians to practise, and for other purposes;” as read the third time.

Mr. Shackleford offered the following amendment to said bill, by way of rider: “provided however, that no member of the legislature shall be elected a member of the Medical Board, during the time for which he was elected a member of the legislature,” which was read three several times and adopted- Yeas 11, Nays 6.

The yeas and nays being desired on the adoption of said amendment, those who voted in the affirmative, are,

Mr. President

Hopkins

Metcalf

McVay

Shackleford

Casey

McCamy,

Moore

Powell

Wood- 11.

Crabb

Those who voted in the negative, are,

Mr. Bibb

Conner

Devereux

Murphy

Smith- 6.

Coats

Mr. Moore moved that the further consideration of the bill be postponed until the first day of the next session, which was lost, Yeas 5, Nays 13.

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

Mr. Conner

Crabb

Metcalf

Moore

Wood- 5.

Those who voted in the negative, are,

Mr. President

Casey

Hopkins

McVay

Shackleford

Armstrong

Coats

McCamy

Powell

Smith- 13.

Bibb

Devereux

Murphy

Mr. Armstrong offered the following amendment to the bill by way of rider:

“Sec. 9.  Be it further enacted, That within ____ Years from and after the passage of this act, all physicians now practising in this state, shall undergo the same examination before the Medical Board, as is now provided for in this act for physicians hereafter commencing the practice of medicine;” which being read the first time, adopted- Yeas 10, Nays 8.

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

Mr. President

Bibb

Crabb

McCamy

Powell

Armstrong

Coats

Hopkins

Metcalf

Shackleford

Those who voted in the negative, are,

Mr. Casey

Devereux

Murphy

Smith

Wood- 8

Conner

Moore

McVay

The amendment was read the second time and adopted- and being read the third time and rejected- Yeas 9, Nays 9.

The yeas and nays being desired on the adoption of said amendment upon the last reading, those who voted in the affirmative, are,

Mr. President

Coats

Hopkins

Metcalf

Shackleford

Armstrong

Crabb

McCamy

Powell

 


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Those who voted in the negative, are,

Mr. Bibb

Conner

Moore

McVay

Wood- 9.

Casey

Devereux

Murphy

Smith

Mr. Shackleford offered the following amendment to the bill, by way of rider: “And be it further enacted, that no physician shall be a member of the Medical Board who has not obtained a diploma from some Medical University;” which was adopted.

Mr. Coats offered the following amendment to the bill, by way of rider: “Provided further the same Board shall, before they enter on the duties of their appointment, take and subscribe an oath, before the justice of the peace, to discharge the duties imposes on them by this act, without favor, affection, partiality or prejudice;” which was read three several times and adopted.

Mr. Moore offered the following amendment to the bill, by way of rider: “Sec. 9.  And be it further enacted, That the money arising from the examination as provided by the foregoing sections of this act, shall be applied to the purchasers of a Medical Library for the use of the Medical Boards respectively, and their successors in office, under such rules and regulations as they prescribe;” which was read three several times and adopted.  The bill was then passed- Yeas 12, Nays 6.

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

Mr. President

Casey

Hopkins

Murphy

Shackleford

Armstrong

Coats

McCamy

McVay

Smith- 12.

Bibb

Devereux

Those who voted in the negative, are,

Mr. Conner

Metcalf

Moore

Powell

Wood- 6.

Crabb

Ordered, That the secretary acquaint the House therewith, and ask their concurrence in the amendments made thereto.

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

Mr. President- I am instructed by the House of Representatives, to inform your honorable body, that they insist on their amendments, to the bill, which originated in your honorable body, entitled,

An act to provide for taking the census.

They concur in the amendments, made by your honorable body to a memorial to Congress, praying a donation of land, for the seat of justice, for the counties of Bibb and Pike.

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

Evening Session.

On motion of Mr. McVay, the resolution calling upon the president of the board of trustees of the University, for information in relation to the University funds, was taken up,

On motion of Mr. Casey, Ordered, That the resolution be laid upon the table.

Mr. Moore moved, That the Senate insist upon their disagreement, to the amendments made the House of Representatives, to the bill entitled, “An act to provide for taking the census;” which was carried.

Ordered, That the secretary acquaint the House therewith.

The following written message was received from the Governor by J. J. Pleasants, esq. secretary of state.

EXECUTIVE DEPARTMENT, December 15th, 1823.

Gentlemen of the Senate,

In compliance with the resolution of the Senate, passed the 10th inst.


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requesting certain information of the disposition of the Salt Springs granted to this state by the United States.  I have the honor to inform you that no contract of lease is now in force in relation to the Salt Springs; but the same are unoccupied.

Early in the year 1822 it was deemed expedient to make an attempt to carry into effect the act of 1819, entitled “An act to lease certain Salt Springs,” on such terms as best to meet the objects expressed in that act, namely; the ensuring them to be worked the most extensively and most advantageously to the state.” Pursuant to public notice a contact was made by an agent instructed on the subject, by which contract the lessee engaged to produce 600,000 pounds of merchantable salt per annum and to dispose of the same to the citizens of the state, at prices not exceeding seventy-five cents per bushel, and to have the works in operation by a given day.  But one offer having been received, it was accepted and the terms secured by a condition of the forfeiture of the lease in the event of any failure.

The lessee having forfeited the lease by a failure of the first stipulation- it might be considered unnecessary to communicate to you the terms which were thought most consistent with the purposes of the act.  But inasmuch as it may be deemed by the Legislature expedient to cause the waters to be employed in the most advantageous manner, and possibly regarding a different policy from that which I have thought most consistent with a fair construction of the act; I have, therefore, herewith laid before you a copy of the instructions, in conformity to which the contract substantially, was made.

In making this communication it may be proper occasion to remark that the Salt Springs, granted to this state by Congress, have been found to possess a very strong impregnation, and are abundant in quantity.  They were uses during the late war with much success, though without the application of much skill or attention, and with but small capital.  These springs are situate in the counties of Clarke and Monroe, and several of the best of them near the bank of the Tombeckbe, not exceeding half a mile from that river about twenty miles above its confluence with the Alabama, and of course convenient to an extensive water transportation for distributing through the state this necessary of life.  Every advantage of supply for the support of works, is embraced by the situation of these springs; and a great extent of vacant well timbered land lies adjacent thereto.  It is proper also to observe, that the lessee was not prevented from carrying into operation his contract from any apprehension that it would unprofitable, but for want of means to procure the necessary materials for commencing the work.  Should it be advisable to have the Salt Springs brought into use, it will be necessary to authorize the advance of a small sum, to aid in commencing and conducting the necessary works.

This advance need not exceed five thousand dollars, well secured to be reimbursed in two years from the commencement of the work.  With the aid of this small advance.  I have no doubt, the springs may be leased on very advantageous terms and be extensively productive.

I am with great respect, &c.

ISRAEL PICKENS.

Ordered, That said communication, together with the accompanying document, be referred to a special committee, consisting Messrs. Powell, Moore and Murphy, to consider and report thereon A bill, to be entitled an act to incorporate the Huntsville Library Company, was read a second time, and ordered to be engrossed for a third reading to-morrow.

A bill, entitled an act to amend an act, entitled an act to authori-

 


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ize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been made, passed December 27, 1822, was read the second time, and referred to the judiciary committee to consider and report thereon.

A bill, entitled an act for the relief of the people of the state of Alabama, was read the second time, and referred to a special committee, consisting of Messrs. Hopkins, Crabb and Murphy, to consider and report thereon.

A bill, entitled an act for the foreclosure of mortgages, was read the second time, and referred to the judiciary committee, to consider and report thereon.

Mr. Moore, from the joint committee on enrolled bills, reported as correctly enrolled:

An act to establish the seat of justice in the county of Pike, and for other purposes;

An act to provide for contesting the elections of justices of the peace and constables;

An act for the relief of Cynthia Johnston;

An act to change the time of holding the county courts of Bibb and Pickens counties;

An act to amend an act, entitled an act for the government of the port and harbor of Mobile, passed the 23d December, 1822;

An act to appoint commissioners for the counties of Perry and Marengo, to sell and convey town lots at the towns of Marion and Linden, the seats of justice thereof, and to erect public buildings in the same;

An act to alter and amend the existing law concerning strays; and

An act supplementary to the law respecting garnishment; all of which were accordingly signed by Mr. President.

A resolution, recommending to the people of the state of Alabama an alteration in the constitution of this state, in relation to the tenure of the offices of judge of the circuit and county courts, was read the second time, and ordered to be engrossed for a third reading on to-morrow.

An engrossed bill, entitled an act to establish the town of Carthage, in Tuskaloosa county, was read the third time and passed.

Ordered, That the title be as aforesaid, and that it be sent to the House of Representatives for concurrence.

An engrossed bill, entitled an act restricting officers from taking commissioners on costs collected by them on executions, was read the third time.

Mr. Powell offered the following amendment to the bill by way of rider: “And provided further, That in cases of emergency such officers may execute process as usual;” which was rejected.

The question was then put, Shall the bill pass? and determined in the affirmative.

Ordered, That the title be as aforesaid, and that it be sent to the House for concurrence.

A resolution allowing to the solicitor of the first judicial circuit, one hundred and fifty dollars in addition to his present salary, for extra services performed, was read the second time, and ordered, to a third reading to-morrow.

On motion, the Senate adjourned till to-morrow morning at 10 o’clock.