Tuesday, December 18.

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 read a 3d time and passed a bill, originating in your honorable body, entitled "An act to establish the bank of the state of Alabama," and have amended the same in the following manner: In the 9th section and 2d rule by inserting after the word “stock” these words, “at no more than two thirds of its value:” in the 21st section, by striking out the words “a reasonable time,” and inserting in lieu thereof the words “sixty days,” and by inserting after the words “General Assembly these words "and the president or cashier of the bank shall give notice in some public paper printed in the town in which the bank may be located, stating he amount that each county may be entitled to borrow within ten days after the right to borrow in manner of aforesaid may arise;” and by an additional proviso thereto.


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In the 23d section by adding at the end thereof these words “and it shall require a majority of the whole number of votes given to make such election;" and by an additional section: in all of which amendments they desire your concurrence.

They have also read a third time and passed a bill, originating in your honorable body, entitled “An act to establish regular justices’ courts in this state;” and have amended the same in the manner herewith shown, and also by an additional section: in all of which amendments they desire your concurrence.

Mr. Hopkins, from the judiciary committee, to whom was referred the bill, entitled “an act to amend an act entitled an act to establish superior courts and declaring the powers of the territorial judges, Reported, that it is inexpedient to pass the bill,” which was concurred in.

Mr. Hopkins, from the same committee, to whom was referred the bill, entitled an act to amend an act entitled an act to regulate the proceedings in the courts of law and equity in this state, reported the same as amended; which was concurred in.

Mr. Powell offered the following amendment to the bill: “And be it further enacted that the commissioners of revenue and roads shall hereafter be exempt from serving on juries, working on roads or performing ordinary militia duty, during the time they act as such;” which was adopted.  Ordered, That the bill be engrossed for a third reading on to-morrow.

Mr. Hopkins, from the same committee, to whom was referred the bill, entitled an act in addition to the acts respecting executions, administrators and guardians, Reported, that it is inexpedient to pass the bill: which was concurred in.

Mr. Hopkins, from the same committee to whom was referred the bill, entitled "An act to amend an act entitled an act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title had not been obtained, passed Dec. 27th 1822, reported the same without amendment.

Mr. Murphy moved that the further consideration of the bill be indefinitely postponed: which was lost.

Ordered, That it lie on the table.

Mr. Casey, from the special committee, to whom was referred the bill, entitled- “An act to alter the time of holding courts in the first judicial circuit,” reported the same as amended; which was concurred in.  Ordered, That it be engrossed for a third reading to-morrow.

Mr. Armstrong offered the following resolution: Resolved, by the Senate, that his Excellency the Governor be requested to furnish this House, as early as convenient, the particulars of the contract entered into with Mr. Hitchcock, by him for going to New York and superintending the printing the Digest, stating the precise time, if any was agreed on, for commencing the work; and whether any understanding existed with regard to Mr. Hitchcock, being able to return in time to attend his circuit; which was adopted.

Mr. McVay offered the following resolution: Resolved, That the committee on propositions and grievances, be instructed to inquire into the expediency of reducing the taxes, with leave to report to this House.  And on the question being put on the adoption of said

 


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resolution, it was decided in the affirmative- Yeas 13, Nays 6.

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

Mr. President

Conner

Hopkins

McVay

Smith

Bibb

Crabb

McCamy

Powell

Wood- 13.

Casey

Devereux

Moore

Those who voted in the negative, are,

Mr. Armstrong

Metcalf

Murphy

Shackleford

Sullivan- 6

 Coats        

On motion of Mr. Powell, the memorial of the board of trustees, received on yesterday, was taken up.

Ordered, That it be referred to a special committee, consisting of Messrs. Powell, McVay and Casey, to consider and report thereon.

On motion of Mr. Casey, Ordered, That the memorial, and the annual report of the board of trustees be spread upon the journal; which are as follows:

CAHAWBA, DEC. 16, 1823.

To the Honorable, the General Assembly of the State of Alabama,

The Board of Trustees have proceeded to offer for sale all the Lands, of the University in conformity with the law of last session, except small tracts at such places as might be deemed eligible sites for the location of the University.  The report of their secretary, a copy of which is herewith submitted, will place before you the account of those sales including the quantity sold, the quantity remaining unsold, the amount of money received, and the amount of bonds for principal and interest, of the instalments remaining unpaid.  From which report it will be observed, that a large proportion of the lands offered, yet remain unsold- a re-exposure of which will be necessary.  To avoid the expense of frequently advertising and attending sales, the Board have thought proper to recommend to your honorable body, that a law, be enacted authorizing entries to be made of such tracts as do no sell when again offered, under such regulations as may be adopted by the Board; provided that the minimum shall in no case be reduced, and that they shall, in other respects, conform to the conditions and restrictions imposed by the existing law.   The Board regret that it is not in their power to furnish an account of all dues for rents: some lands having been subsequently rented out by the superintending Trustees, that could not be rented when publicly offered; the returns of which have not yet been recovered.  They will also remark, that of the debts of this description, many of those contracted previous to the formation of this Board, are due from persons who are unable to discharge them.  In guard more effectually against future losses from this cause, the would respectfully recommend the enactment of such laws as you may deem expedient for the more speedy and certain collection of all debts due on account of the University.

The report of the secretary will acquaint your honorable body fully with the amount of all disbursements which have been authorized, including those which had been ordered by the General Assembly, and such as have been subsequently ordered by the Board since its organization.

The Trustees have yet made no investment of the funds entrusted to them, farther them to require of their agents an exchange of the notes of banks received by them when practicable without loss, for specie or the notes of the Bank of the United States; which has in part been effected or is in progress, ad this yet remains in their hands.  The Treasurer has, however, submitted his bond with such security as the Board deemed sufficient, and will hereafter afford a safe deposite for the funds of the institution.  The Board have in contemplation, previous to their final adjournment, to provide for some permanent, secure, and profitable investment of the funds on hand, either in the stocks of the General Govenment or otherwise, according to law.


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Your honorable body must be apprized that is has not been in the power of the Board to make any application of the funds to the construction of the necessary buildings for the University, in consequence of the failure on the part of the Legislature, to select a site at its last session, the propriety or policy of this delay, they do not presume to question, and can only add, that they shall at all times hold themselves in readiness, and will with pleasure proceed to the discharge of this part of their duty when it may be deemed expedient by the Legislature to make such selection.

By order of the Board of Trustees of the University of Alabama.

ISRAEL PICKENS, President of the Board.

To the President of the Board of Trustees- SIR,

In conformity with your request, I submit a statement of the number of acres of University Lands sold - the number of acres unsold - the amount of cash received, being the first instalment- the balance due -  and the amount due in the Interest Bonds- the amount of notes - the amount of disbursements - to whom, and for what.

 

Places of sale

Sold  acres hths

 Unsold acre hths

1st Instalment rec'd in cash. Dollars cents

Bal. due  Dolls. cts.

am't due on In't Bonds Dolls. cts

Total am't cash & bonds

Cahawba,

  278 94

1185 49

  3556 48

  853 56

Claiborne,

1322 23

5619 43

16858 30

4040 40

Tuskaloosa,

1327 55

6377 89

19133 66

4587 96

Bog spring,

1991 39

9325 96

27977 94

6714 78

Montevallo,

Lot 51,

80 00

1223 88

3566 62

5000 10

41030

23732 66

71093 02

1696 70

111022 38

 

Amount of cash received by the Treasurer of the State

  5944 46

Amount of notes formerly taken by commissioners, delivered over to the president & placed into the hands of the several trustees as provided for in the ordinance of June 1823.                                                                                                                 Total am't.

19605 01

 

Amount of University Funds.     Total,

 136571  85

Claims allowed by the Board of Trustees at their Dec'r Session, A.D. 1822

1822, Dec. 26, R. B. Brickell for adv. sales of University lands,

         10 00

-Quin Morton, agent for examining the seminary lands and reporting

         75 00

-Thos. Davenport, for printing Ordinances and Journals at Tuskaloosa, and for advertising

         40 00

-W. B. Allen for advertising sales &c. including &8 to the Nashville and Claiborne printers

         53 00

-Thos. Owen, for examining and reporting as agent, and also for services rendered in selecting lands,

         95 00

-M.D. Williams, for services allowed by resolution of Board at the Dec. session 1822, at Cahawba,

         50 00

-Thomas Eastin for advertising sales of University land

         12 50

-Israel Pickens, President of the Board of Trustees, &c. the amount paid by him to Geo. S. Gaines, for Seal for the University,

         50 00

-M.D. Williams, for his services as Secretary of the Board of Trustees at their April session, Tuskaloosa,

        50 00

28, Quin Morton, for examining and selecting Seminary lands

        45 00

31, P. Bertrand, for adv. University lands in Florence Gazette

        12 50

1823, June 10, Constantine Perkins, for laying out roads thro'sec. 23, near Tuskaloosa and lost on said section agreeably to 7th section of the ordinance 26th Dec. 1822,

        40 00

533 60

 


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Claims allowed by the Board of Trustees at their June session 1823, June 12, Thos. L. McGehee, for surveying and plating lands leased near Tuskaloosa,

  43 00

13, Wm. T. Gamble, for carrying chain and crying sales

Montevello,

  11 00

- Ware & walker's account for surveying lots and setting up stakes at Montevallo,

  35 00

- William T. Gamble, for surveying reserve at Wilson's Hill, and making plats,

  45 00

- R. B. Brickell for advertising salves of University lands

  10 00

- Thos. Wiggins, for sending to Cahawba for maps & papers of the University, to enable the Com'rs to lease lands

  15 00

- Atherton Penniman, for printing blanks, &c. for University land lease,

  23 00

- Ferdinand Sannoner, for services rendered in making out plats containing all the University lands, and for surveying section 4 township 4, range 11 west,

  70 00

16, W. B. Allen, for adv. sale and lease of University lands,

  26 00

Dec. Matt Gayle, for services rendered as secretary of the Board of Trustees during their June session, 1823,

100 00

------------

$398 00

Accounts ordered by the President of the Board to be paid by virtue of Ordinances, &c.

1823,

Jan. 2, Ginn & Curtis, for books furnished trustees of the University

  18 00

-W. B. Allen, for printing done Board Trustees in Dec. 1821

120 00

Mar 22, for printing ordinances, adv. lands to rent, and sales of lots Wilson's Hill, and other printing in Jan. & Feb. 1823,

  46 00

May 12, Wm. Cline, editor Columbian Telescope, for publishing sales University lands,

    7 00

June 13, Edmund Lane, for his services as agent in examining University lands, 43 lands,

215 00

-----------

$406 00

1822 Old disbursements from the University funds prior to the granting of control over these funds to the Trustees,

856 72

1823, Claims allowed by the Comptroller under the act of 31st December, 1822,

515 32

------------

$1778 04

1822 & 1823, Trustees* if the University, for their services,

        $1359 14

 

RECAPITULATION.

Capital Stock- Consisting of 41,080 acres of land unsold.

Cash, being the 1st instalment on 5010 1/2 acres of land sold

          23,732 66

Bonds, being the 2d, 3d and 4th instalments on 5010 1/2 acres of land sold,

          71,093 02

---------------------

Total

        $94,825 68

                                            =========

Available Funds- Consisting of cash on hand,

1 875 67

of bonds for rents now due.

          19,605 02

of bonds for interest on 2d, 3d & 4th instalments for lands sold not due,

         16,196 70

-----------------------

37,677 39

-----------------------

Grand Total

     $132,503 07

To which may be added, bonds for rents the present year, not yet returned

MATT GAYLE,

Dec. 16, 1823. Secretary of the Board Trustees.

* Note.  The President considering his connexion with the corporation as ex-officio attached to his executive office, claims no compensation.


103

On motion of Mr. Crabb, the bill entitled, an act explanatory of the several acts now in force in this state to suppress duelling was taken up.  Mr. Powell moved, that the further consideration of the bill be indefinitely postponed; which was carried.

On motion of Mr. Casey, Ordered, that the bill entitled, an act to establish regular Justices' courts in this state, together with the amendments made by the House of Representatives, thereto lie on the table.

Ordered, That the bill entitled, an act to establish the Bank of the state of Alabama, together with the amendments made thereto by the House of Representatives, lie on the table.

A bill entitled, an act to divorce Tempy Williams from her husband George Williams; and

An act divorcing Mary H. Judge from her husband Wm. Judge, were severally read the 2d time, and Ordered to be referred to the committee on divorce and alimony, to consider and report thereon

A bill entitled, an act to vest in the Judge of the county court and commissioners of revenue and roads of Henry county, a certain portion of land for county purposes, was read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

A bill entitled, an act to authorize Wm. E. Dupree to emancipate a certain slave named Billy.

An act to authorize the administrators of Isaac Edwards, deceased to comply with the contracts, made by their intestate, respecting his real estate; and

An act to appropriate the fines and forfeitures, accruing in Madison county, to the benefit of Greene Academy, were severally read a second time, & Ordered, to be engrossed, for a 3d reading to-morrow.

A resolution in relation to certain depreciated paper in the Treasury of this state, was read the 2d time, and Ordered to be committed to a special committee, consisting of Messrs. Sullivan, Murphy and McVay to consider and report thereon.

An engrossed bill, entitled an act extending the jurisdiction of Tuskaloosa county, was read the 3d time, and Ordered, to lie on the table.

An engrossed bill, entitled "An act for the foreclosure of mortgages," was read the third time; and on the question being put “Shall this bill pass?” it was determined in the affirmative.

Yeas 15, Nays 3

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

Mr. President

Conner

Hopkins

Moore

Shackleford

Bibb

Crabb

McCamy

McVay

Tindall

Casey

Devereux

Metcalf

Powell

Wood-15.

Those who voted in the negative, are,

Mr. Coats

Murphy

Sullivan- 3.

So the bill was passed.

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

On motion of Mr. Coats, the bill entitled “An act for the relief of the tax collector of Marengo county,” was taken up.

Mr. McVay offered the following amendment to the bill: “And be it further enacted, that the provisions of the second section of this act shall extend to the tax collectors of Lauderdale and Limestone counties,  under the same restrictions that it does to the tax collector of Lawrence county;” which was adopted.

Ordered, That the bill be again laid on the table.


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On motion of Mr. Casey, the bill entitled “an act to establish the bank of the state of Alabama,” was taken up.

Ordered, That the Senate concur in all the amendments made by the House of Representatives thereto: and that the secretary acquaint the House therewith.

And then the Senate adjourned till to-morrow morning, 10 o’clock.