Wednesday, December 17.

The Senate met pursuant to adjournment.

Mr. Bibb presented the petition of sundry inhabitants of Dallas county, in relation to a certain road, which was read and ordered to be referred to the committee roads, bridges and ferries, to consider and report thereon.

Mr. Moore presented the petition of sundry inhabitants of Madi-


91

son county, praying the repeal of the law in relation to the 16th sections in each township, for the use of schools; which was read, and ordered to be referred to the committee on schools and colleges, and school and college lands to consider and report thereon.

Mr. Hopkins, from the judiciary committee, to whom was referred the bill, entitled “An act for the foreclosure of mortgages, reported the same with an amendment;” which was concurred in.

Ordered, That the bill be engrossed for a third reading to-morrow.

Mr. Hopkins, from the same committee, to whom was referred the bill, entitled “An act to alter the times of holding courts in the first judicial circuit,” asked to be discharged from the further consideration thereof; which was granted.

Ordered, That it be referred to a special committee, consisting of Messrs. Casey, Armstrong and Bibb, to consider and report thereon. 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 have read a third time and passed a bill, originating in their House, entitled “An act to divorce Mary H. Judge from her husband, W. Judge:” in which they desire your concurrence.

They concur in the amendment made by the Senate, to the resolution allowing the solicitor of the first judicial circuit, one hundred and fifty dollars, in addition to his preset salary, for extra services performed; and have amended the same by striking there from the word “fifty,” and by adding thereto an additional resolution; in which amendments they desire our concurrence.

Mr. Moore, from the special committee, to whom was referred the petition of William E. Dupree, reported a bill, to be entitled “an act to authorize William E. Dupree to emancipate a certain slave named Billy;” which was read, and ordered to a second reading on to-morrow.

Mr. Crabb, from the special committee, to whom was referred the report of the state treasurer, made in obedience to a resolution of the Senate, reported a resolution in relation to certain depreciated paper in the treasury of this state; which was read, and ordered to a 2d reading on to-morrow.

Mr. Murphy, from the committee on schools and colleges, and school and college lands, to whom was committed a bill, entitled “An act to vest in the judge of the county court, and commissioners of roads and revenue of the county of Henry, a certain portion of land for county purposes,” reported the same as amended; which was concurred in.

Ordered, That the bill be made the order of the day for a third reading on to-morrow.

Mr. Murphy, from the same committee, to whom was referred the memorial of the trustees Greene Academy, praying that the fines and forfeitures accruing the county of Madison, may be appropriated to the benefit of said academy, reported a bill, to be entitled “An act appropriating the fines and forfeitures accruing in Madison county to the benefit of Green Academy;” which was read, and ordered to be read the second time on to-morrow.

Mr. Murphy, from the committee on schools and colleges, and school and college lands, to whom was referred the petition of sundry inhabitants of Greene county, praying that law might be pas-


92

sed to authorize the lease for ninety-nine years renewable forever, of the 16th section adjoining the village of Greensborough, and suggesting the propriety of a general law for the disposal of the 16th sections; and to apply the interest arising from the amount of such sale to purposes of education in the several townships in this state, Reported, that doubts prevail in regard to the powers of the General Assembly to authorize the sale of the 16th sections, or that it is at least doubtful in what way these powers ought to be exercised- The beneficial application of the 16th sections will always be a matter of public solicitude, and obtain the mature consideration of every succeeding session of the General Assembly.  The attention of the people also drawn irresistibly to this object, will in due time determine what they have power to do, and what ought to be done; your committee therefore think it inexpedient, for the present, to act on the prayer of the petitioners; which was concurred in.

On motion of Mr. Murphy, Ordered, That the Senate disagree the first amendment made by the House of Representatives, to the resolution allowing to the solicitor of the first judicial circuit one hundred and fifty dollars, in addition to his present salary, for extra services by him performed, by striking out the word “fifty,” and that they concur in the second amendment made by the House to said resolution, by adding thereto an additional resolution.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled “An act to divorce Mary H. Judge from her husband, William Judge,” was read the first time, and ordered to a second reading on to-morrow.

Mr. Casey presented the petition and remonstrance of sundry inhabitants of Dallas county, in relation to the state road running from Cahawba to Line Creek; which was read and referred to the committee on roads, bridges and ferries, to consider and report thereon.

Mr. Devereux obtained leave to introduce a bill, to be entitled “An act to authorize the administrators of Isaac Edwards, deceased, to comply with the contracts made by their intestate, respecting his real estate;” which was read, and ordered to be read the second time on to-morrow.

Mr. Sullivan presented the petition of sundry lessees of school lands in Perry county; which was read, and ordered to be referred to the committee on schools and colleges, and school and college lands, to consider and report thereon.

Mr. McCamy offered the following resolution: Resolved, That the committee of revisal and unfinished business of the last session, be instructed to take up the resolution which was laid on the table, to go into the election of commissioners to view the line between this state and the state of Georgia, and report the same to the Senate, which was adopted.

A bill, entitled “An act to extend the jurisdiction of the county court of Tuskaloosa county,” was read the second time, and ordered to be engrossed for a third reading to-morrow.

A bill, entitled “An act in addition to the acts respecting executors, administrators and guardians;”

An act to amend an act entitled an act to regulate the proceedings in the court of law and equity in this state; and,

An act to amend an act entitled an act establishing superior courts

 


93

and declaring the powers of territorial judges, passed on the _____ day of February, 1807; were severally read the second time, and ordered to be referred to the committee on the judiciary, to consider and report thereon.

An engrossed bill, entitled “An act to repeal in part and amend an act entitled an act supplementary to an act to establish a State University,” passed 18th Dec. 1821;

An act declaring Jackson’s creek and Tatillabee Creek in Clarke county public highways;

An act to authorize the judge of the county court and commissioners of roads and revenue, of Mobile county, to levy an extra tax for the building a court house and jail in said county; and

An act to amend the charter of the Tombeckbe Bank; were severally read the third time and passed.

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

An engrossed bill, entitled “An act to prevent fraudulent conveyances,” was read the third time, and ordered to be committed to a special committee, consisting of Messrs. Powell, Bibb and Devereux, to consider and report thereon.

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

EXECUTIVE DEPARTMENT,

December 17, 1823.

Gentlemen of the Senate and of the House of Representatives,

I have received the resignation of Henry Minor, esq. as a trustee of the University of Alabama.

ISRAEL PICKENS.

Ordered to lie on the table.

A bill, entitled “An act to amend an act entitled an act to establish a public road from Ditto’s Landing to Marston Meads,” was read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Powell, from the special committee, to whom was committed the bill entitled, an act to prevent fraudulent conveyances, reported the same with an amendment; which was concurred in.  The bill was then passed.  Ordered, That the title be as aforesaid, and that it be sent to the House for concurrence.

Mr. Coats offered the following resolution: Resolved, That with the concurrence of the House of Representatives, the two houses of the General Assembly will convene in the Representative Hall, on this day, the 17th inst. at 3 o’clock, P.M. for the purpose of electing a State Printer for the current year: and a trustee of the University of Alabama to supply the vacancy occasioned by the resignation of Henry Minor, esq. which was adopted.

Ordered, That the secretary acquaint the House therewith.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled, A resolution proposing Gen. Andrew Jackson as a suitable candidate for President of the United States;

A memorial to Congress on the subject of pre-emption rights;

An act to alter the boundary line of Jefferson county;

An act to authorize Sally B. Stevens, administratrix of Henry W. Stevens, deceased, to sell real estate;

An act to establish the permanent seat of justice in the county of


94

Shelby; all of which were accordingly signed by Mr. President.

On motion of Mr. wood, the bill entitled, an act to allow Henry Hitchcock, compensation for superintending the printing the digest, and making the index for the same, was taken up.

Mr. Bibb, moved to fill the blank in the bill where it makes an allowance of ____ dollars to Mr. Hitchcock for his services in superintending the printing the digest and making the index for the same, and for his expenses in travelling to and from New York, with the words “fourteen hundred and twenty-five,” which was lost.

Mr. Bibb then moved to fill the blank with the words “fourteen hundred,” which was also lost.

Mr. Hopkins moved o fill the blank with the words “thirteen hundred,” which was lost.

Mr. Armstrong moved to fill the blank with the words “twelve hundred and fifty.” and on the question being put it was determined in the negative.

Yeas 7.            Nays 12.

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

Mr. President

Bibb

Moore

Murphy

Shackleford- 7.

Armstrong

Hopkins

Those who voted in the negative, are,

Mr. Casey

Crabb

Metcalf

Powell

Sullivan

Coats

Devereux

McVay

Smith

Wood- 12.

Conner

McCamy

Mr. Shackleford moved to fill the blank with the word “twelve hundred;” and on the question being put, it was determine din the affirmative- Yeas 10, Nays 9.

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

Mr. President

Bibb

Devereux

McCamy

Murphy

Armstrong

Conner

Hopkins

Moore

Shackleford- 10.

Those who voted in the negative, are,

Mr. Casey

Crabb

McVay

Smith

Wood- 9

Coats

Metcalf

Powell

Sullivan

Mr. Moore offered an amendment to the bill by way of rider; which was read three several time and adopted.

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

“And be it further enacted by the authority aforesaid, That the legal representatives of Harry Toulmin, deceased, be allowed the sum of _____ dollars for furnishing a table of contents of the Digest of the laws of this state, and for other services;” which was read three several times and adopted.

Mr. Murphy moved to fill the blank in aid amendment, with the words “two hundred;” which was lost.

Mr. Armstrong moved to fill the blank with the words “one hundred and fifty;” which was carried.

The question was then put, “Shall the bill pass?” and determined in the affirmative- Yeas 11, Nays 8.

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

Mr. President

Coats

Devereux

Moore

Shackleford

Armstrong

Conner

Hopkins

Murphy

Sullivan- 11

Bibb

Those who voted in the negative, are,

Mr. Casey

McCamy

McVay

Smith

Crabb

Metcalf

Powell

Wood- 8.

So the bill was passed.


95

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

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

Executive Department, December 17, 1823.

Gentlemen of the Senate, and of the House of Representatives,

I lay before you the annual report of the board of trustees of the University of Alabama, which they are required by law to make, respecting the “financial situation” of the corporation, accompanying which is a memorial which the board have directed to be presented to the General Assembly.  In the two distinct propositions submitted in the memorial,

1st.  Recommending a summary mode for enforcing collections of debts, and

2d.  Proposing an amendment in the law, to allow entries after the next public sale for not less than the minimum price, all concur in their expediency.

In making this communication I feel it incumbent, as an executive duty, to submit to you a few remarks in relation to a most important branch of the trust which is committed to the corporation; and that is, so much as respects the land and its proceeds, granted to the state by Congress for a permanent endowment.

After very full meditation upon the fourth condition of the act of Congress granting this literary fund, and upon that section of our Constitution confiding its care with the General Assembly as the perpetual guardians for its improvement and is permanency, as well as for its faithful application; I entertain the most confident belief, that the trust is not only most sacred in it character, but also unalienable in the legislature- both instruments having very impressively there placed the trust.  As regards, therefore, this branch of the corporate powers of the trustees, it must be always subordinate to the legislative will, and always liable to such change as the wisdom of the General Assembly may direct, and ought to be regarded as within your peculiar province.  This fund being now without investment, and affording a seasonable occasion for interposing your counsels, I have thought it proper to submit the opinion here expressed, to prevent any supposed doubt on the subject which might be implied from any former communication.

I am, very respectfully, your most obedient servant,

ISRAEL PICKENS.

On motion, Ordered, That the communication, together with the accompanying documents, lie on the table; and that one hundred and fifty copies thereof be printed for the use of the Senate.

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

Mr. President- The House of Representatives have passed a bill, originating in their House, entitled an act to divorce Tempy Williams, from her husband, George Williams.

They insist on their amendment to the amendment made by your honorable body, to the resolution allowing the solicitor of the first judicial circuit one hundred and fifty dollars, in addition to his present salary, for extra services performed, by striking out “fifty dollars.”

They concur in your amendment to a bill, entitled an act to amend an act, entitled an act to establish a public road from Ditto’s Landing to Marston Mead’s.

They concur in the resolution of your honorable body, proposing to meet this House at three o’clock this evening, to elect a state printer, and trustee of the University; and have amended the same by striking out “3,” and inserting “7.”  In which they desire your concurrence.


96

On motion of Mr. McVay, Ordered, That the Senate recede from their disagreement to the amendment made by the House of Representatives to their amendment to the resolution, allowing the solicitor of the first judicial circuit one hundred and fifty dollars in addition to his present salary, for extra services performed.

Ordered, That the secretary acquaint the House therewith.

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

Evening Session.

On motion, Ordered, That the Senate concur in the amendment made by the House of Representatives to the resolution proposing to go into the election of a state printer, and trustee of the University, at 3 o’clock, by striking out “3,” and inserting “7.”

Ordered, That the secretary acquaint the House therewith.

Mr. Bibb presented the petition of sundry inhabitants of Montgomery county, in relation to the state road; which was read, and ordered to be referred to the committee on roads, bridges and ferries, to consider and report thereon.

Mr. President laid before the Senate the memorial of Edward G. Terrell and John D. Terrell, upon the subject of the salt springs in this state, which was read, and ordered to be referred to a special committee, consisting of Messrs. Armstrong, Moore and Murphy.

A message was received from the Governor, by J. J. Pleasants, Esq. secretary of state, informing the Senate that the Governor did on the day approve and sign,

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 originated in the Senate.

A bill, entitled an act to divorce Tempy Williams from her husband George Williams, was read the first time, and ordered to be read the second time to-morrow.

Mr. Armstrong presented the petition of Theophilus L. Toulmin, late assessor and tax collector of Mobile county; which was read and ordered to be referred to the committee on propositions and grievances.

And then the Senate adjourned till 7 o’clock, P.M.

7 o’clock, P.M.

The Senate met pursuant to adjournment.

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

Mr. President- The House of Representatives have adopted the following resolution:

Resolved, That a message be sent to the Senate, informing them that this House is now ready to receive them, in the west end of the Representative Hall, for the purpose of going into the election of a state printer, and a trustee of the University for the fifty judicial circuit.

Whereupon, the members of the Senate repaired to the Representative Hall, and after having taken the seats assigned them, Mr. President arose, and declared the object of the meeting.

When both Houses proceeded to the election of a state printer, William B. Allen and Jonathan Battelle being in nomination.

For   Mr. Allen,

58 votes.

Mr. Battelle,

14 votes.

 


97

Those who voted for Mr. Allen, are,

Mr. Casey

Wood

Gayle

McLemore

Pickett

Coats

Mr. Speaker

Goodhue

McVay

Salter

Conner

Ashley

Harvey

Moore of Mad.

Sims

Crabb

Beck

Hill of T.

Moore of J.

Shotwell

Devereux

Brown

Hill of B.

Moore of Mar.

Sargent

McCamy

Barclay

Harrison

McLaughlin

Skinner

Metcalf

Crenshaw

Hardwick

Manly

Tindall

Moore

Creagh

King

Phillips

Vining

Murphy

Dale

Lister

Philpott

Whitaker

McVay

Dennis

Lanier

Powell

Weissinger

Smith

Fields

McConnico

Peyton

Young- 58

Sullivan

Fluker

Merriwether

Those who voted for Mr. Battelle, are,

Mr. President

Fitts

Jackson

Mead

Perkins

Armstrong

Fleming

Jones

Miller

Smith- 14.

Hopkins

Hallett

Mardis

Oliver

William B. Allen having a majority of votes, was declared by Mr. Speaker to be duly elected state printer.

Both Houses then proceeded to the election of a trustee of the University of Alabama, for the fifth judicial circuit, to supply the vacancy occasioned by the resignation of Henry Minor, Esquire; Doctor David Moore, Isaac Jackson, John M. Taylor, and Francis Dancy, being in nomination.

For David Moore,

29 votes.

Mr. Jackson,

18.

Mr. Taylor,

9.

Mr. Dancy,

18

Those who voted for Mr. Moore, are,

Mr. President

Hopkins

Creagh

Merriwether

Shotwell

Armstrong

McCamy

Dale

Moore of Mar.

Sargent

Casey

Murphy

Fluker

Mardis

Skinner

Coats

Shackleford

Fleming

Mead

Smith

Conner

Smith

Hallett

Oliver

Young- 29

Devereux

Crenshaw

Jones

Phillips

Those who voted for Mr. Jackson, are,

Mr. Speaker

Fields

McConnico

 Miller

Salter

Ashley

Hardwick

McLemore

 Peyton

Vining

Beck

King

Moore of Mad.

Pickett

Whitaker-18

Dennis

Lanier

McLaughlin

Those who voted for Mr. Taylor, are,

Mr. Powell

Wood

Gayle

Moore of J.

Weissinger- 9.

Sullivan

Barclay

Harrison

Sims

Those who voted for Mr. Dancy, are,

Mr. Crabb

Fitts

Hill of B.

Manly

Powell

Metcalf

Goodhue

Jackson

Martin

Perkins

McVay

Harvey

Lister

Philpott

Tindall- 18.

Brown

Hill of T.

McVay

Neither having a majority of the whole number, the two Houses proceeded to vote a second time for trustee; the same gentlemen in nomination, except Mr. Taylor, whose name was withdrawn.

       Second vote-

For Mr. Moore,

35.

Mr. Dancy,

24.

Mr. Jackson

15.

Those who voted for Mr. Moore, are,

Mr. President

McCamy

Creagh

Moore of Mad.

Shotwell

Armstrong

Murphy

Dale

Moore of Mar.

Sargent

Casey

Powell

Fluker

Mardis

Skinner

Coats

Shackleford

Fleming

Mead

Smith

Conner

Sullivan

Hallett

McLaughlin

Vining

Devereux

Barclay

Jones

Oliver

Weissinger

Hopkins

Crenshaw

Merriwether

Phillips

Young- 35.

N

 


98

Those who voted for Mr. Dancy, are,

Mr. Crabb

Fitts

Hill of B.

Moore of J.

Perkins

Metcalf

Gayle

Harrison

Manly

Sims

McVay

Goodhue

Jackson

Martin

Tindall

Wood

Harvey

Lister

Philpott

Whitaker

Brown

Hill of T.

McVay

Powell

Those who voted for Mr. Jackson, are,

Mr. Smith

Beck

Hardwick

McConnico

Peyton

Mr. Speaker

Dennis

King

McLemore

Picket

Ashley

Fields

Lanier

Miller

Salter

Neither having a majority of the whole number of votes, the two Houses proceeded to vote a third time for trustee, the same gentlemen in nomination, except Mr. Jackson, whose name was withdrawn.

Third vote-

 For Mr. Moore,

44.

Mr. Dancy,

30.

Those who voted for Mr. Moore, are,

Mr. President

Powell

Dale

Merriwether

Salter

Armstrong

Shackleford

Fields

Moore of Mad.

Shotwell

Casey

Smith

Fluker

Mardis

Sargent

Coats

Sullivan

Fleming

Mead

Skinner

Conner

Mr. Speaker

Hallett

McLaughlin

Smith

Devereux

Ashley

Hardwick

Miller

Vining

Hopkins

Barclay

Jones

Oliver

Weissinger

McCamy

Crenshaw

King

Phillips

Young- 44.

Murphy

Creagh

McConnico

Peyton

Those who voted for Mr. Dancy, are,

Mr. Crabb

Dennis

Hill of B.

McVay

Powell

Metcalf

Fitts

Harrison

Moore of J.

Pickett

McVay

Gayle

Jackson

Moore of mar.

Perkins

Wood

Goodhue

Lister

Manly

Sims

Beck

Harvey

Lanier

Martin

Tindall

Brown

Hill of T.

McLemore

Philpott

Whitaker- 30.

David Moore having a majority of the whole number of votes, was declared, by Mr. Speaker, to be duly elected a trustee of the University of Alabama, to supply the vacancy occasioned by the resignation of Henry Minor, esquire.

The elections having been gone through, the Senate withdrew, and retires to their own chamber, and Mr. President resumed the chair.

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