Saturday, December 20.

The Senate met pursuant to adjournment.

Mr. Bibb, from the committee on propositions and grievances, to whom was referred the petition of Theophilus L. Toulmin, tax collector of Mobile county for the year 1822, Reported, “That they have had the same, together with the accompanying documents, under consideration, and they find that Mr. Toulmin has been sued and a judgement obtained on the part of this state for the amount of taxes due, together with 15 per cent. damage for his delay; and as no good cause has been shewn to your committee for legislative interference, they think it inexpedient to stop the necessary course of justice;” which was concurred in.

Mr. Murphy, from the committee on schools and colleges and school and college lands, to whom was referred the memorial of sundry persons, lessees of the 16th section,

Reported, That they have had the memorial under consideration, and deem it inexpedient to interfere in the contracts made by the said lessees, with the commissioners or agents of schools for their respective township;” which was concurred in.

Mr. Murphy, from the same committee, to whom was referred sundry petitions, reported a bill, to be entitled an act in relation to the sixteenth sections; which was read, and ordered to a second reading on Monday next.

Mr. Murphy presented the memorial of a committee appointed at a meeting of sundry inhabitants of Alabama, at Cahawba, on the subject of connecting the waters of Tennessee and the western part of Virginia, with those of Alabama; which was read, and ordered to


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be referred to the committee on inland navigation, to consider and report thereon.

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

Mr. President- The House of Representatives have concurred in the report of the joint committee on the subject of the disagreement between the two Houses, on the amendments to the bill, entitled an act to provide for taking the census.

Mr. Smith obtained leave to introduce a bill, to be entitled an act to declare Bassett's Creek, in Clark county, a navigable stream; which was read, and ordered to a 2d reading on Monday next.

Mr. Powell obtained leave to introduce a bill, to be entitled “An act to authorize Richard Inge and Green Hill, executors of the last will and testament of John J. Inge, deceased, to sell and convey real estate;” which was read, and ordered to a second reading on Monday next.

A bill, entitled “An act to authorize a lottery to aid in the improvement of the navigation of Indian Creek,” was read the second time, and ordered to be engrossed for a 3d reading on Monday next.

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

Mr. President- The House of Representatives, have read three times, and adopted “Resolutions proposing certain amendments to the constitution of the state of Alabama;” in which they desire your concurrence.

On motion the bill, entitled an act to establish regular justices’ courts in this state, was taken up.

Mr. McCamy moved that the bill, together with the amendments made thereto by the House of Representatives, lie on the table till the first day of the next session of the General Assembly; which was lost- Yeas 9, Nays 10.

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

Mr. President

Coats

Hopkins

Moore

McVay- 9.

Armstrong

Crabb

McCamy

Murphy

Those who voted in the negative, are,

Mr. Bibb

Conner

Metcalf

Shackleford

Sullivan

Casey

Devereux

Powell

Smith

Wood-10.

On motion, Ordered, That the Senate disagree to the amendment made by the House of Representatives to said bill, by striking out the word “twenty” in the fifth section, and inserting the word “fifty.” Ordered, That the secretary acquaint the House therewith.

 A message was received from the Governor informing the Senate, that he did on this day approve and sign,

An act to regulate escheats in this state, and to appoint escheators; and

An act to establish the bank of the state of Alabama; both of which originated in the Senate.

The following communication was also received from the Governor by J. J. Pleasants, esq. secretary of state:

Executive Department, Dec. 20th, 1823

Gentlemen of the Senate- I herewith return to the Senate, in which it originated, the bill entitled, “An act establishing a certain county therein named,” with my objection, which has compelled me no to approve it.

The only objection is, that after minute examination both of the map of that portion of the state, and of those best acquainted with the topogra-

 


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phy of the country, it is evident, that the formation of the county, proposed, according to the boundaries expressed in the bill, will reduce the county of Jefferson, from which in part it is taken, to a considerably less content than nine hundred square miles.  The 16th section of the 6th article of the constitution prohibits such reduction.        ISRAEL PICKENS.

Ordered, that the communication lie on the table.

Mr. Devereux offered the following resolution: Resolved, with the concurrence of the House of Representatives, that the Senate will convene in the Representative Chamber, at the house of three o’clock on this day, for the purpose of locating the bank of the state of Alabama.

Mr. Bibb moved that the resolution lie on the table till the first of January next; which was lost- Yeas 7, Nays 12.

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

Mr. President

Crabb

McVay

Powell

Shackleford- 7.

Bibb

Hopkins

Those who voted in the negative, are,

Mr. Armstrong

Conner

Metcalf

Murphy

Sullivan

Casey

Devereux

Moore

Smith

Wood- 12

Coats

McCamy

Mr. Armstrong moved to strike out the word “three,” in said resolution, and insert “seven,” which was carried.

Ordered, That the resolution lie on the table.

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

Three o'clock, P.M.

The Senate met pursuant to adjournment.

The question was put on the passage of the bill, entitled “An act establishing a certain county therein named;” which was returned to the Senate this day by the Governor, with his reasons for withholding his approval therefrom, and decided in the negative-Nays 17.

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

Mr. President

Coats

McCamy

McVay

Smith

Armstrong

Conner

Metcalf

Powell

Sullivan

Bibb

Crabb

Moore

Shackleford

Wood- 17.

Casey

Devereux

So the bill was rejected.

Mr. President laid before the Senate the following communication from the Comptroller of Public Accounts.  Comptroller's Office, Dec. 19, 1823.

Sir, In obedience to a resolution of the Senate, of the 20th ult. requiring the Comptroller of public accounts, to cause to be laid before that body, “a consolidated return of the respective objects of taxation embraced in the revenue bill for the present year, together with a return of the amount derived from each object in the several counties in this state,” I have the honor to present the enclosed paper marked (A)

Not being able, from the press of my other official business, to devote but a small portion of my own time to this duty; I regret that the accomplishment of this return has been necessarily delayed to so late a period of the session.  I have the honor to be very respectfully your ob't serv't.

SAMUEL PICKENS

Hon. Nicholas Davis, President of the Senate,

Ordered, That said communication, together with the accompanying document, lie on the table.

Resolutions proposing certain alterations to the constitution of the state of Alabama, were read the first time, and ordered to a second reading on Monday next.

 


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On motion of Mr. Casey, the resolution proposing to go into the location of the bank of the state of Alabama, was taken up & adopted.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled “An act appointing commissioners to improve the navigation of the Tennessee River,” was read the second time, and ordered to be referred to the committee on inland navigation, to consider and report thereon.

A bill, to be entitled “An act to amend the tenth section of an act entitled an act supplementary to an act to establish a State University, passed December 18, 1821,” was read the second time, and ordered to be referred to the committee on schools an colleges, and school and college lands, to consider and report thereon.

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

Mr. President- The House of Representatives have read a third time and passed a bill originating in their House, entitled, an act to divorce Margaret Toney, from her husband Charles Toney, in which they desire your concurrence.  The bill was then read a firs time, and ordered to a second reading on Monday next.

A resolution concerning the district court of the United States, was read the second time, and ordered to be engrossed for a third reading on Monday next.

An engrossed bill, entitled “An act to incorporate the Limestone Navigation Company;” 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.

A bill, entitled “An act divorcing Sarah Ann Newman, from her husband Francis Newman;” was read the second time, and ordered to be referred to the committee on divorce and alimony, to consider report thereon.

A bill, entitled “An act explanatory of the several acts now in force in this state to suppress duelling,” was read the third time, amended by way of rider, and passed.

Ordered, That the secretary acquaint the House therewith.

An engrossed bill, entitled “An act to authorize the administration of Isaac Edwards, deceased to comply with the contracts made by their intestate respecting his real estate,” 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.

Mr. Crabb obtained leave to introduce a bill, to be entitled “An act establishing a certain county therein named;” which was read: on motion, the rule which requires all bills to be read on three several days was dispensed with, and the bill was read the second and third time forthwith, and passed.

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

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

Mr. President:---  The House of Representatives concur in the resolution of your honorable body, proposing to go into the balloting for the locating of the Bank of the State of Alabama, this evening at seven o'clock.

 


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The bill, entitled “An act for the relief of the tax collector of Marengo county,” was taken up.

Mr. Moore offered an additional section, as an amendment to the bill, for providing for the relief of the tax collector of Madison county; which was adopted.

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

On motion, Ordered, That the military committee be discharged form the further consideration of the bill, entitled “An act to alter and amend an act to revise, consolidate and amend the several acts, relative to the militia of this state, passed at Cahawba, on the 31st day of December, 1822.”

Mr. Powell offered an additional section as an amendment to the bill; which was adopted.  Ordered, That it lie on the table.

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 H. of Representatives, by Mr. Dodson, their clerk Mr. President, the House of Representatives have adopted the following resolution:

Resolved, that the Senate be informed that this House is now ready to receive them in the west end of the Representative Hall, to proceed to the location of the State Bank: Whereupon, the members of the Senate, repaired to the Hall of the House of Representatives, an after having taken their seats, Mr. President arose, and announced the object of the meeting, when the two houses proceeded by voting viva voce to the selection of a site for the location of the Bank of the State of Alabama- The Seat of Government, Florence, Tuskaloosa, and Mobile being proposed,

“The Seat of Government” received 42 votes,

Florence -

19

Tuskaloosa -

9

Mobile -

 6

Those who voted for locating the Bank at The Seat of Government, are,

Mr. Bibb

(Reps.)

Dennis

McConnico

Salter

Casey

Mr. Speaker

Fields

Merriwether

Sims

Coats

Adair

Fitts

McLemore

Shotwell

Conner

Ashley

Fluker

Moore, of Mar.

Sargent

Devereux

Beck

Gayle

McLaughlin

Skinner

Metcalf

Barclay

Harvey

Miller

Vining

Murphy

Crenshaw

Hill, of Bibb

Phillips

Weissinger- 42

Smith

Creagh

Haines

Peyton

Sullivan

Dale

Lister

Pickett

Those who voted for locating the Bank at Florence, are,

Mr. President

Mr. Fleming

King

Manly

Smith

Hopkins

Goodhue

McVay

  Martin

Whitaker

McCamy

Jackson

Moore, of Mad

Philpott

Young-19

McVay

Jones

Mead

Powell

Those who voted for locating the Bank at Tuskaloosa are,

Mr. Crabb

Wood

Hill of T.

Lanier

Tindall-9

Powell

Brown

Harrison

Perkins

Those who voted for Mobile, are

Mr. Armstrong

Shackleford

Hallett

Moore, of J.

Mardis- 6

Moore

“The seat of government,” having received a majority of the whole number of votes; was declared by Mr. Speaker, to be duly selected as the site for the location of the Bank of the State of Alabama.

The object of the meeting having been accomplished, the Senate withdrew, and returned to their own chamber, and Mr. President resumed the chair.

On motion, the Senate adjourned till Monday morning at 10 o’clock