Friday, December 26

The Senate met pursuant to adjournment

Mr. Casey, from the committee on roads, bridges and ferries to whom was referred the bill, to be entitled an act for the relief of Benjamin Hatch; reported the same without amendment.

The bill was then read the third time and passed.

Ordered, That the secretary acquaint the House of Representatives therewith.

Mr. Moore, from the committee on divorce and alimony, to whom was referred the bill, entitled an act divorcing Drury Connally from Nancy Connally reported the same without amendment.

The bill was then read the third time and passed: yeas 12 nays 3.

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

Mr. President

Coats

Devereux

Moore

      Bibb

Conner

Hopkins

Powell

      Casey

Crabb

McCamy

Smith - 12.

 


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Those who voted in the negative, are,

Mr. Metcalf

McVay

Wood- 3.

Ordered, That the secretary acquaint the House therewith.

Mr. Moore, from the same committee to whom was referred the bill, entitled an act divorcing Robert Blassingam from Elizabeth Blassingam; reported the same without amendment.

The bill was then read the third time and passed.

Yeas 12.          Nays 1.

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

Mr. President

Crabb

McCamy

Powell

       Coats

Devereux

Moore

Smith

       Conner

Hopkins

McVay

Wood- 12.

Mr. Metcalf voted in the negative- 1.

Ordered, That the secretary acquaint the House therewith.

Mr. Moore, from the same committee, to whom was referred the bill, entitled an act divorcing Jane Kelly from her husband James Kelly; reported the same without amendment.

The bill was then read the third time and passed: yeas 9, nays 4.

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

Mr. President

Conner

Devereux

McCamy

Smith- 9

       Coats

Crabb

Hopkins

Moore

Those who voted in the negative, are,

Mr. Casey

Metcalf

McVay

Wood- 4.

Ordered, That the secretary acquaint the House of Representatives therewith.

Mr. Casey, from the special committee, to whom was referred the bill, entitled an act to alter and amend an act entitled an act to provide for assessing and collecting the taxes of this state, passed Dec. 17, 1821; reported that owing to the advanced period of the session they recommend, that the said bill be postponed till the first day of the next session.

Mr. Devereux moved, that the Senate disagree to said report, and on the question being put, it was determined in the negative.

Yeas 5, Nays 11.

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

Mr. Casey

Conner

Devereux

McVay

Wood- 50

Those who voted in the negative, are,

Mr. President

Crabb

Metcalf

Smith

       Bibb

Hopkins

Moore

Shackleford- 11

       Coats

McCamy

Powell

So the report was not disagreed to.

Mr. Casey, from the special committee, to whom was referred a resolution on that subject, reported a resolution authorizing the comptroller of public accounts to receive all moneys and notes arising from the rents of the reserved lands in the town of Cahawba; which was read. The rule requiring all joint resolutions to be read on three several days being dispensed with, it was read the 2d time and ordered to be engrossed for a third reading on to-morrow.

Mr. Casey from the special committee to whom was referred the message of His Ex. the Gov.  and accompanying documents in relation to certain African slaves claimed by this state, reported. The laws of Congress prohibiting the slave trade, in force when these Africans were imported seem to observe a cautious and delicate policy, owing it is believed to the different ideas on the subject of slave property held by the slave holding and non-slave holding states; and that was to leave the disposition of the slaves themselves, that might be illegally imported, to the state authorities to be disposed of according to the laws of the state or territory into which


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they should be brought to be made free persons of slaves as might be the policy of the state; declaring however that the original owners illegally importing them should have no property in tem; and that when brought in they should at once be handed over to the agent appointed by the state to receive them; and in case no agent be thus appointed, then to the overseers of the poor, with notice thereof to the Governor.  As to the vessels concerned in the importation, they were to be condemned as lawful prizes; and the importers were subjected to further penalties.

Your committee find that in 1818, when the 109 Africans were brought into Mobile, no agent was authorized by the territory to receive them; they were not as is believed they should have been delivered to the overseers of the poor, and the Governor notified as is expressly required by law; but were seized by the marshal in the same manner as if they had been subjected to the fate of condemnation awaiting the vessels and cargoes. “In 1818, at the first General territorial court, these Africans were placed by the court in the hands of private persons on bond for safe keeping, free of charge, and there remained until February 1821.   At the 1st Federal District Court; when they were ordered into the care of the marshal for safe keeping and there they still have remained as a matter of individual emolument to that officer, and subject to costs and charges for sustenance, instead of being in the faithful keeping and useful public service of the state.

At the session of the legislature in 1821, your committee find this subject was first land before this body, by an executive communication: but either not being understand, or not being acted on in time for full consideration, nothing definitive was done towards the prosecution of the claim of the state for the temporary possession, nor the eventual disposition of the slaves. Your committee has been informed that afterwards at the succeeding district federal court the solicitor of that circuit and other counsel according to instructions from the Executive, proposed to the court to place the slaves for safe keeping (several having been run off) in certain responsible hands who should be bound for their ultimate forthcoming to be employed in the meantime in public useful service in improving the leading roads: this application was not granted by the court, the Executive not being authorized by any express law to make it or to employ force. At the last session the subject was again brought before the legislature by an Executive communication with documents shewing several other cases of slaves illegally imported, that had been condemned by this alone district court in 1821, wherein it appeared that the marshal charged for safe keeping and sustenance consumed, the full amount for which they said.

Your committee upon further enquiry, find that in conformity with the act of last session an agent was appointed for the temporary employment of slaves in this situation, and instructions given for employing them on the leading stat roads, during the pending controversy. It appears from a documents submitted to your committee, that this course was not only approved by the supreme court of the United States but was unopposed and rather approbated by the counsel of the claimants then present. Application was conformably to the suggestions of that high federal authority made to the district court at June term last.  In preparing which application to the court, it appears by the report of the solicitor of that circuit who moved the same in behalf of the agent for the state, that the leading counsel for the opposing claimants even assisted and no objection was made from the quarter --  yet the motion was refused and the slaves have been of course continued in the hands of the marshal.

It is not the purpose of your committee to censure the judicial authority which has deemed it proper to direct these slaves to be withheld from


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the state authorities however indistinct may be their impression of justifiable reasons for the same. But they deem it due to the rights and interests of the state to assert such control over the property in question and its disposition as appertains to the state, not prejudicing the claimants; and as the laws of the United States allow the state to claim and dispose of the property specially or otherwise as the public interest may demand Believing also that their interest will be promoted by providing that in the determination of the cases in favor of the state, the property be specially retained in public employ till the succeeding session of the legislature, and in the mean time, that the endeavours of the executive to maintain the public interest should be seconded.

Ordered, That the report lie on the table.

Mr. Casey, from the same committee, also reported a bill, to be entitled an act in addition to an act to carry into effect the laws of the United States prohibiting the slave trade; which was read the first time. The rule which requires all bills to be read on three several days being dispensed with, the bill was read the second time and ordered to be committed to a committee of the whole House and made the order of the day for to-morrow.

Mr. Devereux called up the bill entitled an act to repeal part of an act entitled an act to appoint commissioners for the counties of Covington and Pike.

The bill was then read the third time and passed.

Ordered, That the words “counties of Covington and Pike,” be stricken out of the caption and the words “counties therein named” be inserted in lieu thereof.

Ordered, That the secretary acquaint the House therewith;

Mr. Coats, from the special committee, to whom was referred 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 31st Dec. 1822; reported the same as amended which was concurred in.

Mr. Crabb moved, that the second section of the bill be stricken out; which was lost. yeas 3, nays 13.

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

Mr. Conner

Crabb

Wood- 3

Those who voted in the negative, are,

Mr. President

Coats

McCamy

McVay

Smith- 13

       Bibb

Devereux

Metcalf

Powell

       Casey

Hopkins

Moore

Shackleford

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

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, bills originating in your honorable body, of the following titles, to wit:

An act to incorporate the Huntsville Library Company; and an act for the relief of Thomas C. Jones.

On motion of Mr. Smith, the bill, entitled an act declaring Bassett’s creek, in Clarke county, a navigable stream, was taken up.

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

Mr. Casey offered the following resolution; whereas, Thomas H. Wiley, who was declared duly and constitutionally elected a commis-


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sioner of loans from referrence to the journal of the proceedings of the Senate had not a constitutional majority; therefore,

Resolved, By the Senate, that with the concurrence of the House of Representatives the Senate will meet in the Representative Hall this evening at 7 o’clock, to elect a commissioner to act with the governor obtaining a loan for the bank; and a judge of the county court of Walker county.

Mr. Moore moved to amend the resolution by striking out “this evening” and inserting “to morrow evening:” which was carried.

The resolution as amended, was then adopted.

Ordered, That it be sent to the House for concurrence.

Mr. Smith from the special committee to whom was referred the bill entitled an act declaring Bassett's creek in Clarke county, a navigable stream reported the same as amended which was concurred in. The bill was then passed. Ordered, That it be sent to the House of Representatives for concurrence.

A bill to be entitled an act to improve the navigation of Coosa river and to aid in its connexion with the Tennessee waters, was read the third time and laid on the table.

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

Mr. President:- The House of Representatives have read three times and passed, a resolution directing the Governor to commission the several persons elected members of the medical boards; in which they desire your concurrence. The resolution was read the first time.

The rule which requires all joint resolutions to be read on three several days, was dispensed with, and the resolution was read the second and third time forthwith and passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Moore from the committee on enrolled bills, reported as correctly enrolled, an act to divorce Margaret Toney from her husband Charles Toney;

An act to provide for choosing electors of President and Vice President of the United States; and

An act to divorce Mary H. Judge from her husband William Judge: which were accordingly signed by the president.

An engrossed bill to be entitled an act to enable the mayor and aldermen of the city of Mobile, to pass quarantine laws: was read the third time amended by way of rider, on motion of Mr. McVay, and passed.

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

Engrossed bill, to be entitled an act to authorize the stockholders in the Tombeckbe Bank to remove the same, amended by way of rider on Mr. Powell’s motion and passed.

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

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

Evening Session.

Mr. Moore from the committee on enrolled bills, reported as correctly enrolled, an act establishing a certain county therein named; which was accordingly signed by Mr. President.

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


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Mr. President- The House of Representatives have read a third time and passed a bill, entitled an act to authorize the administrators of Isaac Edwards, deceased, to comply with the contracts made by their intestate, respecting his real estate.

They concur in the amendments made by your honorable body to the bill, entitled an act to repeal part of an act entitled an act to appoint commissioners for certain counties therein named, and for other purposes.

They also concur in the resolution of your honorable body, proposing to meet this House to-morrow evening at 7 o'clock to elect a commissioner to act with the Governor in effecting a loan for the State Bank and a judge of the county court of Walker county.

They have read a third time and passed bills, originating in their House, entitled an act to authorize the Governor to direct a suit against the Huntsville Bank;

An act to incorporate Flint River Navigation Company;

An act regulating security in any suit at law, or in chancery;

An act to establish certain election precincts therein named

An act to amend an act entitled an act to appoint commissioners to lay out certain roads therein specified and for other purposes;

An act to prevent abuses in granting letters of administration;

An act to authorize Young A. Gray to convey certain real estate therein named; in all of which they desire your concurrence.

They have read a third time and passed a bill, originating in your honorable body, entitled an act to repeal so much of an act, passed on the 15th day of December, 1821, as allows Samuel Dale for life the half pay of a colonel in the army of the United States, and have amended the same by two additional sections; in which they desire your concurrence. And then the withdrew.

A bill entitled an act to prevent abuses in granting letters of administration; was read the first time, and on the question “Shall this bill pass to a 2d reading.” it was determined in the negative.

A bill, entitled an act to amend an act to appoint commissioners to lay out certain roads therein specified, and for other purposes; was read the first time. The rule which requires all bills to be read on three several days was dispensed with, and the bill was read the 2d and 3d time and passed.

Ordered, That the secretary acquaint the House therewith.

A bill, to be entitled an act to establish certain election precincts therein named: was read the first time. The rule which requires all bills to be read on three several days was dispensed with and the bill was read the 2d and 3d time and passed.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act requiring security in any suit at law, or in chancery, was read the first time. The rule which requires all bills to be read on three several days was dispensed with, and the bill was read the second time: and on the question “Shall this bill pass to a third reading?” it was determined in the negative.

A bill, entitled an act to incorporate the Flint River Navigation Company, in Morgan county; was read the first time: and the rule requiring all bills to be read on three several days being dispensed with, it was read the second time forthwith.

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

 


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A bill, entitled an act authorizing the Governor to direct suit against the Huntsville Bank; was read the first time, and ordered to lie on the table.

Mr. Casey moved that the bill entitled an act to repeal so much of an act, passed on the 15th day of Dec. 1821, as allows Samuel Dale for life, the half pay of colonel in the army of the United States, 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 6, Nays 10.

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

Mr. President

Casey

Shackleford

Smith- 6.

      Bibb

Hopkins

Those who voted in the negative, are,

Mr. Coats

Crabb

McCamy

Moore

Powell

      Conner

Devereux

Metcalf

McVay

Wood- 10.

Mr. McVay moved that the Senate disagree to the amendments made by the House of Representatives to said bill; which was carried- Yeas 9, Nays 7.

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

Mr. Coats

Crabb

Metcalf

McVay

Wood- 9.

       Conner

McCamy

Moore

Powell

Those who voted in the negative, are

Mr. President

Casey

Hopkins

Smith- 7.

      Bibb

Devereux

Shackleford

A bill entitled an act to authorize Young A. Gray to convey certain real estate therein mentioned; was read the first time. The rule which requires all bills to be read on three several days being dispensed with, it was read the second time; and ordered to be read the third time on to morrow.

Mr. Shackleford called up the bill to be entitled an act to improve the navigation of the Coosa River, and to aid in its connexion with the Tennessee waters was taken up.

The blanks were then filled and the bill ordered to lie on the table till to-morrow.

A bill to be entitled an act for the relief of the people of the state of Alabama; was read the third time.

Mr. Powell offered the following amendment to the bill, by way of rider: “Provided, that the president and directors of said bank will enter into bond and security in such sum as may be approved by the Governor, payable to the Governor aforesaid and his successors in office, that said bank will well and truly render all such Huntsville money received as aforesaid, by or before the second Monday in November next, in the paper of specie paying banks, such as is receivable in the land offices in this state: and provided further, that the notes of the said bank shall not be received in payment of taxes until the Governor shall issue his proclamation certifying that the provisions of this act have been carried into effect;” which was read three several times and adopted.

Ordered, That the bill lie on the table.

Engrossed bill, to be entitled an act for the relief of the tax collectors of Marengo county, was read the third time and passed.

Ordered, That the title be “An act for the relief of the tax collectors of certain counties therein named.” and that it be sent to the House of Representatives for concurrence.

T


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A bill, entitled an act to authorize the administrators of Walter Otey, deceased, to sell certain real estate, was read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

A bill, to be entitled an act providing for the collection of moneys due to counties and county taxes, was read the third time and laid on the table.

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