Monday, December 29.

The Senate met pursuant to adjournment.

A message from the H. 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 passed bills, originating in their body, entitled An act to change the state road and for other purposes; An act to repeal in part and amend an act entitled an act to incorporate the town of Athens in Limestone county, passed Nov. 19, 1818; An act to emancipate the persons therein named; An act for the better regulating the public officers in the several counties in this state.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled, an act to establish regular justices’ courts in this state; which was signed by Mr. President.

Mr. Casey moved to reconsider the vote of the Senate on the question to concur in the amendment made by the House of Representatives to 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 Dec. 18, 1821; which was carried.

Mr. Casey then moved to strike out all of the amendment made by the House of Representatives to said bill, after the word “provided,” and insert in lieu thereof the following: “that the bond now required of the treasurer of this state for the faithful discharge of the duties of his office, shall be given in the penalty of eighty thousand dollars, which shall operate as security for the safe keeping, as well of any funds belonging to the University of this state, that may be at any time deposited in the treasury of this state, as of moneys paid into or deposited in the said treasury on other accounts; provided also, that the board of trustees be requested to inform the General Assembly, during their next session, of the amount of moneys paid over to the treasurer, the time when so paid over, and how long it remained in his care, so as to enable them to allow such additional compensation to said treasurer, as they may deem just and proper; which was carried.

Ordered, That the secretary acquaint the House therewith.

On motion of Mr. Crabb, the 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 taken up.

On motion of Mr. McVay, the Senate resolved itself into a committee of the whole on said bill, Mr. Casey in the chair, and after some time spent in the consideration thereof, the committee rose, Mr. President resumed the chair, and Mr. Casey reported the same with sundry amendments: which were concurred in.

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The bill was further amended on Mr. Crabb’s motion, and ordered to lie on the table till 3 o’clock this evening.

A bill entitled an act to repeal in part and amend an act to imcorporate the town of Athens, in Limestone county, passed 19th Nov. 1818, 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 and third time forthwith, and passed.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act to change the state road, and for other purposes, 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 time forthwith.

Mr. Powell offered the following amendment to the bill: “And provided further, that the commissioners be paid out of their county treasuries respectively:" which was adopted.

Mr. Bibb offered the following amendment to the bill: “And be it farther enacted, That the commissioners heretofore appointed in Montgomery county to view and mark out the state road from Lime Creek to Tuskaloosa, be required so to change the route of said road, as that the same shall pass through the town of Coosawda;” which was adopted.

Ordered, That the bill be read the third time this evening.

A bill, entitled an act for the better regulating the proceedings of public officers in the several counties in this state, was read the first time.  The rule, &c. being dispensed with, it was read the second time forthwith.

Mr. Smith moved to amend the bill, by striking out the word “three” in the first section, and inserting “four;” which was adopted.  The rule requiring all bills to be read on three several days being further dispensed with, the bill was read the third time as amended, and passed.

Ordered, That the secretary acquaint the House therewith.

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

Mr. President- The House of Representatives have passed bills, originating in your honorable body, entitled,

An act authorizing a lottery to aid in the improvement of the navigation of Indian Creek;

An act to improve the navigation of the Coosa river, and to aid in its connexion with the Tennessee waters.

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

An act to compensate Ferdinand Sannoner for a map of the State of Alabama;

An act amendatory to the laws now in force respecting roads;

An act to permit Julius Chamberlain to vend goods in this state;

An act to authorize Rodah Horton and associate to construct a turnpike road therein named: In which they desire your concurrence

A bill, entitled an act to emancipate the persons therein named; and

An act to compensate Ferdinand Sannoner for a map of the state of Alabama; 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 forthwith and passed.

Ordered, That the secretary inform the House thereof.


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A bill entitled an act amendatory to the laws now in force in this state respecting roads &c. 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 time and ordered to be referred to the committee on roads, bridges and ferries to consider and report thereon.

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

Mr. President- The House of Representatives disagree to the amendment made by your honorable body to the amendment made by them to 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 Dec. 18, 1821.

A bill entitled an act to permit Julius Chamberlain to vend goods in this state, 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.

Mr. Casey moved that the bill lie on the table till the first day of the next session of the General Assembly: which was carried.

A bill entitled an act to authorize Rodah Horton and associates to construct a turnpike road 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 time and ordered to be referred to the committee on roads, bridges and ferries, to consider and report thereon.

Ordered, That Mr. Moore be added to the committee on roads, bridges and ferries.

Ordered, That the Senate insist upon their amendment to the amendment made by the House of Representatives to 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.

Ordered, That the secretary acquaint the House therewith.

The 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 taken up.

Mr. Moore offered the following amendment to the bill:

“Sec.- Be it further enacted, that nothing contained in the above recited act, whether accepted or rejected by the President Directors &Co. of the Planters’ and Merchants’ Bank of Huntsville, shall be so construed as to lessen impair, or interfere in any wise whatever with the laws heretofore passed giving summary process for the recovery of specie against said bank to the holder of holders of any bank note or notes heretofore issued, or which may be hereafter issued, by the President, Directors & Company of said Planters’ and Merchants’ Bank of Huntsville;” which was adopted.

The bill was further amended on Mr. Casey's motion, and then read the third time as amended, and passed.

Ordered, That the secretary acquaint the House therewith.

An engrossed 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, was read the third time, and on the question “Shall the bill pass?” it was determined in the negative- Yeas 6, Nays 9.

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

Mr. Casey

McCamy

Metcalf

McVay

Wood- 6.

Devereux

 


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Those who voted in the negative, are,

Mr. President

Coats

Crabb

Moore

Shackleford- 9.

       Bibb

Conner

Hopkins

Powell

So the bill was rejected.

A message from the Governor, by J. J. Pleasants, Esquire.

Mr. President- The Governor did, on this day, approve and sign, An act to amend the several acts for the settlement and relief of the poor;

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

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

An act authorizing Richard Inge and Greene Hill, executors of the last will & testament of John J. Inge, deceased, to sell and convey real estate An act to establish the town of Carthage, in Tuscaloosa county; and Resolution respecting the further distribution of the laws of this state all of which originated in the Senate.

A bill, entitled an act to provide for the payment of state witnesses, was read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

On motion, the Senate adjourned till half past 2 o'clock this evening.

Evening Session.

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

Mr. President- The House of Representatives have read a third time and passed bills, originating in their body, entitled,

An act to incorporate the trustees of Claiborne Academy;

An act to provide for the sale of land and slaves at the towns of Courtland and Tuscumbia, in certain cases;

An act to authorize William Blake to emancipate a negro man slave named Jacob.

They have read a third time, and passed a bill, originating in your honorable body, entitled an act to allow Henry Hitchcock compensation for superintending the printing the Digest and making the index for the same and for other purposes;” and have amended the same by striking from the 2d section thereof, the words “and fifty;” and by an additional section: In which amendments they desire your concurrence.

A bill, entitled an act to authorize William Blake to emancipate a negro man slave named Jacob; and

An act to incorporate the trustees of the Claiborne Academy; were severally read the first time. The rule requiring all bills to be read on three several days being dispensed with, they were severally read the second and third time and passed. Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act to change the state road, and for other purposes, was read the third time as amended, and passed.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act to provide for the sale of land and slaves at the towns of Courtland and Tuscumbia in certain cases, 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 and third time forthwith, and passed.

Ordered, That the secretary acquaint the House therewith.

On motion Ordered, That the Senate concur in the amendment

 


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made by the House of Representatives to the bill, entitled an act to allow Henry Hitchcock compensation for superintending the printing the Digest and making the index for the same.

Ordered, That the secretary acquaint the House therewith.

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

Mr. Wood moved to amend the bill by striking out the 3d section which regulates the fees of justices of the peace; which was lost- Yeas 7, Nays 9.

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

Mr. Bibb

Coats

Shackleford

Smith

Wood- 7.

Casey

Devereux

Those who voted in the negative, are,

Mr. President

Crabb

McCamy

Moore

Powell- 9.

      Conner

Hopkins

Metcalf

McVay

Mr. Casey moved that the bill lie on the table till the first day of next session of the General Assembly; which was lost.

Yeas 7.            Nays 9.

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

Mr. Bibb

Coats

Shackleford

Smith

Wood- 7.

Casey

Devereux

Those who voted in the negative, are,

Mr. President

Crabb

McCamy

Moore

Powell- 9.

       Conner

Hopkins

Metcalf

McVay

Mr. Hopkins offered the following amendment to the bill: “Provided, that nothing in this act contained shall be so construed as to prevent sheriffs or their deputies from executing any attachment which may be issued by any justice of the peace, and returnable to any court of record;” which was adopted.

Mr. Powell offered the following amendment to the bill: “And provided further, that nothing herein shall prevent such officers from completing business by them already commenced;” which was adopted.

Mr. Wood offered the following amendment to the bill:

“Sec - Be it further enacted, That counsellors and attorneys at law shall be entitled to receive none other than the following fees, to wit:

For prosecuting or defending a suit in the county court,

$2   00

For like services in the circuit court,

  3   00

For prosecuting or defending a suit in chancery,

10  00

For prosecuting or defending a mixed or real action, when the titles or bounds of lands are in question

15  00

Sec. - Be it further enacted, That if any counsellor or attorney at law shall either directly or indirectly charge or receive any larger fee than is allowed in the foregoing section without making a special contract for the same, he shall be liable to a prosecution for extortion;” which was adopted.

Mr. Wood also offered the following amendment: “And be it further enacted, that hereafter no lawyer shall be entitled to receive more than two per cent. for collecting any money, unless a special contract is made to the contrary; which was also adopted.

Mr. Powell offered the following amendment to the bill: “Be it further enacted, that this act shall commence and be in force from and after the first day of June next.”

Mr. Shackleford moved to amend the amendment by striking out the word “June,” which was lost.

The question was then put on the adoption of the amendment offered by Mr. Powell, and determined in the affirmative.


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Yeas 11,          Nays 5.

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

Mr. Bibb

Crabb

Devereux

Powell

Smith

Casey

Conner

McCamy

Shackleford

Wood- 11

Coats

Those who voted in the negative, are:

Mr. President

Hopkins

Metcalf

Moore

McVay- 5.

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

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 third time and passed.

Ordered, That the secretary acquaint the House therewith.

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 your honorable body, entitled an act to alter the times of holding courts in the first second, third and sixth judicial circuits, and have amended the same by striking out the first section and inserting the accompanying; also by inserting the accompanying section in lieu of the third section, and by two additional sections to come in after the 3d section: in which amendments they desire your concurrence.

They insist in their disagreement to the amendment made by your honorable body, to the amendment made by this House to a 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 Dec. 18, 1821.

They have appointed Messrs Jackson, Jones, Philpott, Fields Phillips and Perkins, a committee of conference on their part, to meet and confer with such committee as may be appointed on the part of your honorable body, respecting said disagreement.

They concur in the amendment made by your honorable body to the bill, entitled an act to better regulate the proceedings of public officers in this state.

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 third time and passed.

Ordered, That the secretary acquaint the House therewith.

A bill entitled an act in relation to seamen belonging to vessels in merchant's service was read the 3d time and passed.

Ordered, That the secretary acquaint the House therewith

A bill, entitled an act to revise and amend an act to revise, consolidate and amend the several acts relative to the militia of this state, was taken up.

Mr. Casey moved to amend the bill by striking out the words “battalion drills shall be discounted, and” in the third section, which was carried.

Mr. Moore moved to amend the bill by striking out the sixth section,which provides that there shall be but two company musters in each year; which was carried. - Yeas 9, Nays 7.

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

Mr. Casey

Crabb

Moore

Shackleford

Wood- 9.

       Coats

Metcalf

Powell

Smith

 


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Those who voted in the negative, are,

Mr. President

Conner

Hopkins

McCamy

McVay- 7.

Bibb

Devereux

Mr. Wood moved to amend the bill by striking out the eighth section; which was lost.

Mr. Wood moved to strike out the 12th section; which was lost.

The bill was then read the third time as amended, and passed.

Yeas 11.          Nays 5.

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

Mr. Casey

Devereux

McCamy

Moore

Powell

Coats

Hopkins

Metcalf

McVay

Smith- 11.

Bibb.

Those who voted in the negative, are,

Mr. President

Bibb

Conner

Shackleford

Wood- 5.

Ordered, That the secretary acquaint the House therewith.

On motion, Ordered, That Messrs. Casey, Hopkins, Moore, Conner and Powell be appointed a committee on the part of the Senate to confer with the committee appointed on the part of the House of Representatives, respecting the disagreement between the two Houses, in relation to the amendment made by the Senate to their amendment to 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 Dec. 10, 1821.

Ordered, That the secretary acquaint the House therewith.

Ordered, That the Senate concur in the amendments made by the House of Representatives to the bill entitled an act to alter the times of holding courts in the 1st, 2d, 3d and 6th judicial circuits.

Ordered, That the secretary acquaint the House therewith.

Mr. Moore from the committee on enrolled bills reported as correctly enrolled. An act to authorize William Black and his associates, to erect a toll bridge over Gravelly creek. An act to allow the administrators of Aaron Murphy, deceased to convey in certificate therein named; An act to incorporate Flint river Navigation Company in Morgan county; An act to incorporate the town of Greenville in the county of Butler; An act for the further organization of the militia in the counties of Pike and Covington; An act to emancipate a certain slave named Letitia; An act to authorize Young A. Gray or convey certain real estate therein mentioned; An act for the relief of Benjamin Hatch; An act to establish a certain road therein named and for other purposes; An act to prevent fraudulent conveyances; An act supplementary to an act to establish the Bank of the State of Alabama: An act to amend the charter of the Tombeckbe Bank; An act to authorize the adm’rs of Isaac Edwards, dec’d to comply with the contracts made by their intestate, respecting his real estate; An act to incorporate the Huntsville Library company; An act to amend an act entitled an act to regulate the proceedings in the courts of law and equity in this state; An act to appoint commissioners to improve the navigation of the Tennessee River: 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: - All of which were accordingly signed by Mr. President.

Mr. Casey from the committee on roads, bridges and ferries to whom was referred the bill entitled an act amendatory to the laws now in force in this state respecting roads, &c. reported the same as amended; which was concurred in. The bill was then read the third time as amended, and passed.

Ordered, That the secretary acquaint the House therewith.

 


160

Mr. Casey obtained leave to introduce a resolution appointing commissioners of reserved lands in the town of Cahawba; which was read, The rule which requires all bills to be read on three several days being dispensed with, it was read the second time forthwith, and ordered to be engrossed for a third reading on to morrow.

A message from the House of Representatives, by Mr. Dodson, their clerk.  Mr. President, The House of Representatives have passed bills originating in your house, entitled An act appropriating the fines and forfeitures accruing in Madison county to the benefit of Greene Academy and have amended the same by an additional proviso- in which they desire your concurrence.  An act to incorporate the Limestone and Flint river Navigation companies.  The have passed bills originating in their house, entitled An act to regulate the commissions of assessors and tax collectors; An act to amend the laws now in force in this state for the punishment of the crime of horse stealing.  They have passed a Resolution, originating in your house, entitled Resolution authorizing the Comptroller of Public Accounts to receive all moneys and notes arising from the rents of reserved lands in the town of Cahawba; An act to declare Bassett’s creek in Clarke county a public highway, and for other purposes and have amended the same by an additional section; in which they desire your concurrence.  An act to authorize the Judge of the county court and commissioners of roads and revenue of the county of Mobile to levy an extra tax, for the purpose of building a court house and jail in said county and for other purposes, and have amended the same by an additional section- in which they desire your concurrence.  They concur in the amendment made by your honorable body, to bills entitled.  An act to change the state road and for other purposes; and, 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.  They have passed a bill, originating in your house, entitled An act in relation to the sixteenth section.

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

Evening, 7 o’clock.

The Senate met pursuant to adjournment.

Mr. Hopkins called up the bill, entitled an act authorizing Claiborne Wright, and his associates; and Alexander G. Morgan and his associates, to make certain improvements in the navigation of the Tennessee river.

Mr. Moore moved, to strike out the words “twenty-five” where the bill grants A.G. Morgan and his associates the exclusive use of their improvements in the Tennessee river, above the muscle shoals and within the limits of this state, for the period of “twenty five years;” with a view of inserting “fifteen” and on the question being put, it was determined in the negative, Yeas 7, Nays 9.

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

Mr. Casey

Metcalf

McVay

Smith-7.

Coats

Moore

Powell

Those who voted in the negative, are,

Mr. President

Conner

Devereux

McCamy

Wood - 9

Bibb

Crabb

Hopkins

Shackleford

Mr. Wood offered the following amendment to the bill; “Provided further, that the state shall retain the right to dissolve this charter or grant, whenever the said shoals shall be made navigable by the state, after which time no toll shall be required.

Mr. Powell offered the following as an amendment to the amendment offered by Mr. Wood “upon paying an equivalent for expen-


161

ditures actually made, and not reimbursed by tolls to be adjudged by commissioners appointed in common by the legislature and the company hereby incorporate;” which was rejected.  The question was then put on the adoption of Mr. wood's amendment, and determined in the negative.  Mr. President, having substituted Mr. Casey in the chair, moved to reconsider the voted on Mr. Moore's motion to strike out the words “twenty-five;” which was carried.  The question was then put on striking out the words “twenty-five,” and determined in the affirmative.  Mr. Smith moved to fill the blank with the words “twenty-one,” which was lost.  Mr. Hopkins moved to fill the blank with the words “twenty;” which was also lost.  Mr. Bibb moved to fill the blank with the word “eighteen,” which was carried.  The bill was then read the third time, and on the question “shall this bill pass?” it was determined in the affirmative.  Ordered, That the title be “an act to improve the navigation of the Tennessee river.”  Ordered, That the secretary acquaint the House therewith. On motion, the Senate adjourned till to-morrow morning at 10 o’clock.