Saturday, December 27

The Senate met pursuant to adjournment.

Mr. Powell, from the committee of accounts to whom was referred the petition and account of John Martin, late sheriff and jailer of Montgomery county, against the state. Reported, “That they have had the same under consideration and are of opinion that the account ought not to be allowed there being no evidence before your committee to establish the same.

Ordered, That the report, together with the documents, lie on the table till the next session of the General Assembly.

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

Mr. President- The House of Representatives have passed bills originating in their House, entitled,

An act to allow the administrators of Aaron Murphy, deceased, to convey a certificate therein named;

An act to revise and amend an act, entitled an act to revise, consolidate and amend the several acts relative to the militia of this state;

An act to authorize Claiborne Wright and his associates and Alexander G. Morgan and his associates to make certain improvements in the navigation of the Tennessee river; in which they desire your concurrence.

They have passed bills, originating in your House, entitled,

An act to enable the mayor and aldermen of the city of Mobile to pass quarantine laws; and

An act to authorize the stockholders in the Tombeckbe Bank to remove the same.

Mr. Casey, from the special committee to whom was referred so much of the Governor's message as relates to the establishment of the Bank of the estate of Alabama, reported a bill, to be entitled and act supplemental to an act to establish the Bank of the State of Alabama: which was read. The rule which repairs all bills to be read on three several days being dispensed with, the bill was read the second and third time forthwith, and passed.

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

Mr. Powell, from the committee of accounts, to which was referred the bill, to be entitled an act authorizing the payment of certain claims against the state for keeping prisoners, Reported “That they have had the same under consideration, together with the accompanying documents and that the committee have instructed him to report that it is inexpedient to pass said bill; first, because the accounts on which the said bill is founded, are not duly authentica-

 


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ted; and secondly because there is no evidence before your committee establishing the insolvency of the prisoners, without which the state is not, as your committee believe, bound to pay the same;” which was concurred in.

Mr. Crabb, from the military committee, to whom was referred a resolution instructing them to inquire into the expediency of providing by law, that the Governor furnish the several brigadier generals of this state with blank commissions with instructions to fill up the same, when required under their respective commands. Reported, That they have had the same under consideration and are of opinion that it would be improper to legislate on that subject, inasmuch as the 15th section of the 6th article of the Constitution of this state provides “that all returns of elections for officers who are to be commissioned by the Governor, shall be made to the secretary of state;” and the 13th section of the 4th article of the Constitution requires that all commissions be attested by the secretary: which was concurred in.

Mr. Crabb from the same committee to whom was referred a resolution of the Senate, instructing them to inquire into the expediency of making an appropriation for the purpose of purchasing one or more field pieces for the use of the Tuskaloosa Volunteer Artillery Company, Reported That they have had the same under consideration and beg leave to report, that it would be inexpedient at this time to make an appropriation for that purpose; which was concured in.

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

Resolution providing more effectually for the trial of the writ of quo warranto now depending in the 5th judicial circuit, against the Planters’ and Merchants’ Bank of Huntsville;

Resolution respecting the further distribution of the laws of this State;

An act to establish the town of Carthage, in Tuskaloosa county;

An act to amend the several acts for the settlement and relief of the poor;

An act to authorize Rebecca Fletcher to emancipate a certain slave therein named; and

An act authorizing Richard Inge and Green Hill, executors of the last will and testament of John J. Inge, deceased to sell and convey real estate: all of which were accordingly signed by Mr. President.

A message was received from the Governor by J. J. Pleasants, esquire notifying the Senate that he did, on the 26th instant, approve and sign, an act establishing a certain county therein named; which originated in the Senate.

On motion of Mr. Shackleford, the bill, 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 question was then put, “Shall this bill pass?” and determined in the affirmative.

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

A bill, entitled an act to revise and amend an act, to revise, con-

 


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solidate and amend the several acts relative to the militia of this state, 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 forthwith, and ordered to be referred to the military committee to consider and report thereon.

Ordered, That Messrs Metcalf and Coats be added to the military committee.

A bill entitled an act to allow the administrators of Aaron Murphy deceased, to convey a certificate therein named, was read the first time. The rule requiring all bills to be read on three several days being dispensed with, it was read the second & third time, and passed.

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

A bill, entitled an act to authorize Claiborne Wright and his associates and A. G. Morgan and his associates, to make certain improvements in the navigation of the Tennessee river, was read the first time. The rule requiring all bills to be read on three several days being dispensed with, the bill was read the second time forthwith, and ordered to be referred to the committee on inland navigation, to consider and report thereon.

Ordered, That Messrs. McVay and Crabb be added to the committee on inland navigation.

On motion of Mr. Casey, the committee of the whole was discharged from the consideration of the 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.

Ordered, That the bill be engrossed for a third reading on Monday next.

On motion of Mr. Casey, Ordered, That 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, lie on the table.

An engrossed 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, was read the third time amended by way of rider on Mr. Casey's motion, 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 to incorporate the Flint River Navigation Company, in Morgan county, was read the second time. The rule which requires all bills to be read on three several days being dispensed with, it was read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act to authorize Young A. Gray to convey certain real estate therein mentioned was read a third time & passed.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act for the relief of Benjamin Hatch, was read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Bibb offered the following resolution:

Resolved, That a message be sent to the House of Representatives informing them that the Senate have nearly completed the business before them, and will be ready to adjourn, sine die, this evening at 10 o'clock; which was adopted.


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On motion of Mr. Crabb, the bill entitled an act for the relief of the people of the State of Alabama; was taken up.

The bill 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 recede from their amendments to the bill, 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.

They have read a third time and passed, bills originating in their House, entitled an act to authorize the president and trustees of the University of Alabama to dispose of the land belonging to said institution by admitting entries;

An act in relation to seamen belonging to vessels in merchants’ service;

An act to amend the charter of the Planters’ and Merchants’ Bank of Huntsville, and to provide for the speedy resumption of specie payments thereby;

An act to emancipate a certain slave named Letitia;

An act to provide for the payment of state witnesses;

An act to establish a certain road therein named, and for other purposes;

An act for the further organization of the militia in the counties of Pike and Covington;

In all of which they desire your concurrence.

They have passed a bill, originating in your House, entitled an act to amend the charter of the Tombeckbe Bank.

A bill, entitled an act to amend the charter of the Planters’ and Merchants’ Bank of Huntsville, and to provide for the speedy resumption of specie payments thereby; 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 lie on the table.

A bill entitled an act to provide for the payment of state witnesses; was read the first time, and ordered to be read the second time on Monday next.

A bill, entitled an act to authorize the president and trustees of the University of Alabama, to dispose of the lands belonging to said institution by admitting entries; 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 forthwith.

Mr. Bibb moved, that the rule be further dispensed with, and that the bill receive its third reading forthwith; which was lost.- Yeas 9, Nays 6.  (Two thirds being necessary to dispense with the rule.)

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

Mr. Bibb

Coats

Hopkins

Metcalf

Shackleford- 9.

Casey

Devereux

McCamy

Moore

Those who voted in the negative, are,

Mr. President

McVay

Powell

Smith

Wood- 6.

Crabb

Ordered, That the bill be read the third time on Monday next.

A bill, entitled an act to establish a certain road therein named; was read the third time.  The rule requiring all bills to be read on three several days being dispensed with, it was read the second and third time and passed.

 


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Ordered, That the words “and for other purposes” be added to the title, and that the secretary acquaint the House therewith.

A bill, entitled an act in relation to seamen belonging to vessels in merchants’ service; was read the first time.  The rule requiring all bills to be read on three several days being dispensed with, the bill was read the second time forthwith, and ordered to be read the third time on Monday next.

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

Mr. President:- The House of Representatives have passed bills originating in their House, entitled an act to authorize Wm. and his associates, to erect a toll bridge over Gravelly creek;

An act to compel parties to suites, who plead the loss of any instrument in writing under which they claim benefit, to make oath of the truth of such pleading;

An act regulating appeals from the county court to the circuit court;

An act to incorporate the town of Greenville in the county of Butler; in which they desire your concurrence.

They have passed a bill, originating in your House, entitled to prevent fraudulent conveyances;

An act pointing out the manner by which the streets in the towns of Tuskaloosa and Montgomery shall be kept in good order, and for other purposes; An act supplemental to an act to establish the Bank of the State of Alabama;

An act restricting officers from taking commissioners on costs collected by them on executions; and, resolution concerning the district court of the United States.

A bill, entitled an act to emancipate a certain slave named Letitia; & an act for the further organization of the militia in the counties of Covington and Pike; were severally read the first time.  The rule requiring all bills to be read on three several days being dispensed with, they were read the second & third time forthwith & passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled an act to repeal an act declaring certain roads therein named public roads, until otherwise provided for by law, passed Dec. 24th, 1822; An act to establish certain election precincts therein named; An act divorcing Robert Blassingam from Elizabeth Blassingam; An act to amend an at entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes; An act to authorize the administrators of Walter Otey, deceased, to sell certain real estate; An act divorcing Drury Connally for Nancy Connally; An act divorcing Jane Kelly from her husband James Kelly; and an act to repeal part of an act, entitled an act to appoint commissioners for certain counties therein named; and for other purposes, passed Dec. 18, 1822; all of which were accordingly signed by Mr. President.  And then the Senate adjourned till half past two o’clock this evening.

Evening Session.

A bill, entitled an act to compel parties to a suit who plead the loss of any instrument in writing under which they claim a benefit to make oath of the truth of such pleading, was read the first time. The rule requiring bills to be read on three several days being dispensed with, the bill was read the second time forthwith, and, ordered to be read the third time on Monday next.


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A bill, entitled an act to regulate appeals from the county court to the circuit court, was read the first time, and ordered to lie on the table.

A bill, entitled an act to incorporate the town of Greenville in the county of Butler; and,

An act to authorize William Black and his associates to erect a toll bridge over Gravelly Creek; were severally read the first time.  The rule requiring all bills to be read on three several days being dispensed with, they were read the second and third time and passed.

Ordered, That the secretary acquaint the House therewith.

A message from the H. of Representatives, by Mr. Dodson, their clerk; Mr. President, the House of Representatives have passed a bill, originating in your House, entitled an act to appoint commissioners to improve the navigation of the Tennessee River, and have amended the same by striking out six in the 5th section and inserting nine.  They have also passed a bill originating in your honorable body, entitled An act to repeal in part and amend an act entitled an act supplementary to an act to establish a state University, passed Dec. 18, 1821, and have amended the same by an additional proviso- in which they desire your concurrence.

Ordered, That Mr. Bibb be added to the committee on enrolled bill.

On motion, Ordered, That the Senate concur in the amendment made by the House of Representatives, to the bill, entitled an act to appoint commissioners to improve the navigation of the Tennessee River.  Ordered, That the secretary acquaint the House therewith.

On motion, Ordered, That the 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 December 18, 1821, together with the amendments made thereto by the House of Representatives, lie on the table.

Mr. Shackleford, from the committee on inland navigation, to whom was referred the bill, entitled an act authorizing Claiborne Wright and his associates, & Alexander S. Morgan and his associates, to make certain improvements in the navigation of the Tennessee River, reported the same as amended, which was concurred in.

Ordered, That said bill lie on the table.

A message from the H. of Representatives, by Mr. Dodson, their clerk;

Mr. President- The House of Representatives have passed bills, originating in your honorable body, entitled an act to authorize William E. Dupree to emancipate a certain slave named Billy; and have amended the same as herewith shown.

They have passed bills, originating in their House, entitled an act regulating the fees of justices and constables; in which they desire your concurrence.

They have read a third time and passed a memorial, originating in your honorable body, entitled memorial of the General Assembly of the state of Alabama, to the Congress of the United State, and have amended the same by striking out “sixty” and inserting “ninety;” in which amendment they desire your concurrence.

Mr. Crabb, from the military committee, to whom was referred the bill, entitled an act to revise and amend an act, entitled an act to revise, consolidate and amend the several acts relative to the militia of this state, reported the following resolution: Resolved, That it is inexpedient to pass the bill, and that it lie on the table until the first day of the next session of the General Assembly; which was disagreed to.


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Ordered, That the bill lie on the table till Monday next.

On motion, Ordered, That the Senate concur in the amendments made by the House of Representatives, to the bill, entitled an act to authorize Wm. E. Dupree to emancipate a certain slave therein named.

Ordered, That the secretary acquaint the House therewith.

On motion, Ordered, That the Senate concur in the amendments made by the House of Representatives, to the memorial of the General Assembly of the state of Alabama, to the Congress of the United States.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act regulating the fees of justices and constables, was read the first time.

Mr. Bibb moved that the further consideration of the bill be postponed till the first day of next session of the General Assembly; which was lost- Yeas 5, Nays 9.

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

Mr. Bibb

Coats

Devereux

Smith

Wood- 5.

Those who voted in the negative, are,

Mr. President

Crabb

McCamy

Moore

Powell- 9.

Casey

Hopkins

Metcalf

McVay

Ordered, That the bill be made the order of the day for a second reading on Monday next.

On motion, the Senate adjourned till 7 o'clock this evening.

7 o’clock, P.M.

The Senate met pursuant to adjournment.

On motion of Mr. Casey the bill, entitled an act to repeal in part and to amend an act, entitled an act to establish a State University, passed Dec. 18, 1821, was taken up.

Ordered, That the Senate concur in the amendment made by the House of Representatives thereof.

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 their Hall to go into the election of a commissioners of the loan for the State Bank; and a Judge of the county court of Walker county.  Whereupon, the members of the Senate repaired to the hall of the House of Representatives, and after having taken the seats assigned them, Mr. President arose and declared the object of the meeting.  When the two Houses proceeded to elect a commissioners to act with the Governor in effecting a loan from the State Bank, Thomas H. Wiley alone being in nomination.

For Mr. Wiley, 64.

Those who voted for Mr. Wiley, are,

Mr. President

Wood

Fleming

Moore of Mad.

Pickett

Coats

Mr. Speaker

Goodhue

Moore of J.

Perkins

Conner

Adiar

Hallett

Moore of Mar.

Salter

Crabb

Beck

Harvey

Mardis

Sims

Devereux

Brown

Hill of T.

Mead

Shotwell

Hopkins

Barclay

Hill of B.

Manly

Sargent

McCamy

Crenshaw

Harrison

McLaughlin

Skinner

Metcalf

Creagh

Jackson

Martin

Smith

Moore

Dale

Jones

Miller

Tindall

McVay

Dennis

Lister

Phillips

Whitaker

Powell

Fields

Lanier

Philpott

Weissinger

Shackleford

Fitts

Merriwether

Powell

Young-  64.

Smith

Fluker

McVay

Peyton

Mr. Wiley having received all the votes present, was declared by Mr. Speaker to be duly elected.


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The two Houses then proceeded to elect a judge of the county court of Walker county.  David Murphy, sen’r. being in nomination.

For Mr. Murphy, 65 votes.

Those who voted for Mr. Murphy are the same that voted for Mr. Willey, and Mr. Casey in addition.

David Murphy, sen’r. having received all the votes present, was declared by Mr. speaker to be duly elected judge of the county court of Walker county.

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

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