Tuesday, December 30.

The Senate met pursuant to adjournment.

Mr. Casey, from the committee of conference appointed on the part of the Senate, to confer with the committee appointed on the part of the House of Representatives, on the subject matter of disagreement between the two Houses, on a bill, to be 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, reported that they have had a meeting and recommend the adoption of the following resolution: Resolved, that the bond to be given by the State Treasurer, be one hundred thousand dollars, agreeable to the provisions of the amendment made by the Senate; which was concurred in.  Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act to regulate the commissions of assessors abd tax collectors, 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. Casey offered the following amendment to the bill; “And be it further enacted, that the judge of the county court and commissioners of roads and revenue for the county of Dallas, be and they are hereby authorized to levy a county tax, in addition to the tax which they are now authorize to levy, of twenty five per cent. On the state tax, if so much be necessary, for the purpose of paying for the building the public county jail in said county;” which was adopted.

Mr. Casey also offered the following amendment to the bill; “And be it further enacted, that hereafter it shall be the duty of the judge of the county court and commissioners of roads and revenue in this state, to cause the treasurers of the respective counties, as often as once a year to make out a report of the situation of the county treasury, stating particularly what moneys have been received by them during the preceding year, and from what source, and how disposed of, which report shall be filed in the office of the clerk of the county court, and published in a public newspaper, if there be one in such county; and also a fair copy to be placed in the court house door of their respective counties;” 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,

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& passed.  Ordered, That the secretary acquaint the House therewith.

Mr. Powell obtained leave to introduce a resolution for the safe keeping of the furniture belonging to the State House; 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 forthwith; and ordered to be engrossed for a third reading this evening.

Mr. Smith obtained leave to record his name in favor of the passage of the bill, entitled an act in addition to an act to carry into effect the laws of the United States prohibiting the slave trade.

A bill, entitled an act to amend the laws now in force in this state for the punishment of the crime of horse stealing, was read the first time, and laid on the table.

On motion of Mr. McVay, Ordered, That the Senate disagree to the amendment made by the House of Representatives to the bill, entitled an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Green Academy.

Ordered, That the secretary acquaint the House therewith.

A message from the Governor, by J. J. Pleasants, Esq. secretary of state.  Mr. President --  The Governor did, on the 29th instant, approve and sign.  an act pointing out the manner by which the streets in the towns of Tuscaloosa and Montgomery shall be kept in good order, and for other purposes; an act to appoint commissioners to improve the navigation of the Tennessee river; An act to prevent fraudulent conveyances; 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 amend the charter of the Tombeckbe Bank; An act supplemental to an act to establish the Bank of the state of Alabama; An act to authorize the administrators of Isaac Edwards, deceased, to comply with the contracts made by their intestate respecting his real estate; An act to incorporate the Huntsville Library Company; and on this day, An act to establish regular justices; courts in this state; All of which originated in this honorable body.

On motion, Ordered, That the Senate concur in the amendments made by the House of Representatives to bills of the following titles to wit: An act to incorporate the Flint river Navigation Company; An act to declare Bassett's Creek, in Clarke county, a public highway; and An act to authorize the judge of the county court and commissioners of roads and revenue in Mobile county to levy an extra tax for the building a court-house and jail in said county.

Ordered, That the secretary acquaint the House therewith.

An engrossed resolution appointing commissioners of reserved lands in the town of Cahawba, 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. McCamy called up the bill, entitled an act for the relief of the people of the state of Alabama.

Mr. wood offered the following amendment to the bill: “and be it further enacted, That all the other counties in this state not herein before mentioned shall be entitled to the same relief as those already enumerated; which was rejected.

The bill was then read the third time, and on the question, Shall this bill pass? it was determined in the affirmative- Yeas 13, Nays 3.

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

Mr. President

Conner

McCamy

McVay

Shackleford

Casey

Hopkins

Moore

Those who voted in the negative,

Mr. Coats

Devereux

Wood- 3.

 


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So the bill was passed.  Ordered, That the title be, “An act for the relief of the people in certain counties therein named,” and that it be sent to the House for concurrence.

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, bills originating in their house, entitled An act to incorporate the town of Florence in Lauderdale county; An act dividing the 22d regiment of Alabama militia.  They concur in all the amendments made by your honorable body to the bill, entitled An act to improve the navigation of the Tennessee river, except by striking out twenty-nine, in the 5th section and inserting eighteen, and by inserting the words ascending or in the 7th section, and by striking out the words in low tide in the same section, and by striking out the proviso at the end of the 7th section, to which they disagree.  They also disagree to the amendment by inserting the words or keel.

Mr. Casey moved that the Senate insist upon their amendment to the bill, entitled an act to improve the navigation of the Tennessee river, by striking out the word “twenty-nine,” and inserting “eighteen,” where it grants A.G. Morgan and his associates the exclusive use of their improvements in the navigation of the Tennessee river for the period of twenty-nine years; and on the question being put, it was determined in the negative- Yeas 7, Nays 9.

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

Mr. Casey

Coats

Metcalf

Moore

McVay

Powell

Wood- 7.

Those who voted in the negative, are,

Mr. President

Conner

Devereux

McCamy

Smith- 9.

Bibb

Crabb

Hopkins

Shackleford

Ordered, That the Senate insist upon their amendment to said bill, by adding the words “and keel,” and the words “ascending or,” by striking out the words “in low tide,” and by striking out the proviso at the end of the seventh section.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act dividing the twenty-second regiment of Alabama militia, 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, and ordered to lie on the table till 3 o’clock this evening.

A bill, entitled an act to incorporate the town of Florence, in Lauderdale county, was read the first time & ordered to lie on the table.

Mr. Shackleford moved that the bill, entitled an act regulating the fees of justices and constables, be laid on the table; which was lost.

Yeas 6.            Nays 10.

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

Mr. Bibb

Coats

Devereux

Shackleford

Smith

Wood- 6.

Those who voted in the negative, are,

Mr. President

Conner

Hopkins

Metcalf

McVay

Casey

Crabb

McCamy

Moore

Powell- 10.

Mr. Crabb moved to reconsider the voted of the Senate on ordering the bill to a third reading; which was carried.

Mr. Crabb then moved to amend the bill by striking out all of the first section after the enacting clause; which was carried.

Mr. Casey moved to strike out the words “And be it further enacted,” in the second section; which was carried.

A message from the House of Representatives, by Mr. Dodson, their clerk.  Mr. President, the House of Representatives concur in the report of the joint committee on the subject of disagreement between the two houses on the bill, entitled An act to repeal in part and amend an act en-


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titled an act supplementary to an act to establish a State University, passed Dec. 18, 1821.  They concur in the amendments made by the Senate to the amendment of this House to said bill.  They have passed a bill, originating in their House, entitled An act for the relief of Thomas Berry.

The insist on their amendment to the bill, entitled An act appropriating the fines and forfeitures accruing in Madison county to the benefit of Greene Academy.  They concur in the amendments made by your honorable body to the bill, entitled An act to regulate the commissioners of assessors and tax collectors.  They have passed an engrossed Resolution, originating in your house, entitled A resolution appointing commissioners of reserved lands in the town of Cahawba.  They recede from their disagreement to all the amendments made by your honorable body to the bill, entitled An act to improve the navigation of the Tennessee river.

On motion the Senate adjourned 'till 3 o'clock this evening.

Evening Session.

Mr. Bibb, from the committee on enrolled bills, reported as correctly enrolled, An act to declare Bassett's creek in Clarke county, a public highway and for other purposes An act to allow Henry Hitchcock compensation for superintending the printing the Digest and making the index for the same; Ana ct to alter the times of holding courts in the first second, third and sixty judicial circuits: Memorial of the General Assembly of the state of Alabama to the Congress of the United States; An act to improve the navigation of the Coosa river and to aid in its connexion with the Tennessee waters; Resolution authorizing the Comptroller of public accounts to receive all monies and notes arising from the rents of the reserved lands in the town of Cahawba; An act relative to the 16th sections and An act authorizing a lottery to aid in the improvement of the navigation of Indian creek-all of which were accordingly signed by Mr. President.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled, An act restricting officers from taking commissions on costs collected by them on executions: An act to enable the mayor and aldermen of the city of Mobile to pass quarantine laws; An act declaring the old road from Warren Stone's in Montgomery county, to the town of Montgomery the state road, and for other purposes: An act to authorize the stockholders in the Tombeckbe Bank to removed the same: An act to provide for taking the census: An act for the relief of Thomas C. Jones; An act allowing a certain salary to the Judge of the county court of Mobile county; Resolution in relation to certain depreciated paper in the treasury of this state; An act to authorize Wm. E. Dupree to emancipate a certain slave Billy; Resolution concerning the district court of the United States; and An act to repeal so much of an act passed on the 15th day of Dec. 1821, as allows Samuel Dale the half pay of a colonel in the army of the U. States, all of which were signed by Mr. President.

Mr. Crabb presented the account of William B. Allen, against the state.  Ordered, That it be referred to the committee of accounts to consider and report thereon.

On motion of Mr. Powell, Ordered, That Mr. Coats have leave to absence for the remainder of the 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 House, entitled an act to authorize the administrators of Oliver Holman, deceased, late of Mobile, to sell real estate, and for other purposes; Resolution in relation to the printing and distribution of the acts, resolutions, and journals of the General Assembly; in which they desire your concurrence.  They concur in your amendments to the bill, entitled an act to revise, consolidate and amend

 


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the several acts, relative to the militia of this state.  They disagree to your amendments to the bill, entitled an act amendatory of the laws now in force respecting roads, &c.

On motion of Mr. Shackleford, Ordered, That Mr. Metcalf have leave of absence for the remainder to the session.

The Senate resumed the consideration of the bill, entitled an act regulating the fees of justices and constables.

The bill being further amended on Mr. Powell's motion, was read the third time; and on the question, Shall this bill pass? it was determined in the affirmative- Yeas 9, Nays 6.

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

Mr. President

Crabb

McCamy

Moore

Powell

Conner

Hopkins

Metcalf

McVay

Those who voted in the negative, are,

Mr. Bibb

Casey

Coats

Devereux

Shackleford

Smith- 6.

Ordered, That the title be “An act regulating the fees of justices, constables and lawyers.”

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 read a third time and passed a bill, originating in their House, entitled An act to authorize David Dickinson, Reuben Hays and William Hays, to emancipate certain negroes therein named; an act making appropriations for the year 1824; in which they desire your concurrence.

Mr. Casey, from the committee on roads, bridges and ferries, to whom was referred the bill, entitled an act to authorize Rodah Horton and associates to construct a turnpike road therein named, reported the same with sundry amendments, which were concurred in.

Mr. Crabb offered the following amendment to the bill:

“Sec.- Be it further enacted, That James B. Graham be, and he is hereby authorized to mark out and open, at his own expense, a public road leading from the town of Triana, on the Tennessee river, down the same and as near the river as the ground will admit, to a point opposite the town of Monroe, on said river; and the court of commissioners of roads and revenue for the county of Madison, shall at their next session after the said road shall be completed and report thereof made to said court, appoint a jury as in case of juries appointed to review and mark out public roads, whose duty it shall be, under the superintendence of the sheriff of said county, to view the road so opened, and assess the damage, which any individual may sustain by opening said road through his land; which damage shall be paid out of the county treasury of Madison county;” which was adopted.

Mr. McVay offered the following amendment to the bill:

And be it further enacted, That all persons, actual citizens of Madison county, shall at all times be permitted to pass and repass said road or any part thereof, with their property, free of toll, as if this act had not passed, any thing herein contained to the contrary notwithstanding.”

And on the question being put, on the adoption of said amendment, it was determined in the negative - Yeas 3, Nays 11.

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

Mr. Metcalf

McVay

Powell-3.

Those who voted in the negative, are,

Mr. President,

Casey,

Crabb,

Hopkins,

Moore,

Smith- 11.

Bibb,

Conner,

Devereux,

McCamy

Shackleford

The bill was then read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Casey presented the account of M. D. Thomason for station-

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ary, &c. furnished during the present session, which was referred to the committee on accounts.

On motion, Ordered That the Senate insist upon their amendments to the bill, entitled an act amendatory to the laws now in force respecting roads, &c.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act making appropriations for the year 1824, was read the first time.  The rule requiring all bills to be read on three several days being dispensed with, the bill was read a 2d time.

Mr. Casey moved to strike out the words “two hundred and fifty” in the fourth section of the bill, where it makes an appropriation to the secretary of state for copying the laws and journals, and preparing them for the press; which was carried- Yeas 7, Nays 6.

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

Mr. Casey

Devereux

Metcalf

McVay

Powell

Smith

Wood- 7.

Those who voted in the negative, are,

Mr. President

Bibb

Conner

Hopkies

Moore

Shackleford- 6.

Mr. Shackleford moved to fill the blank with the words “two hundred and twenty-five.” which was lost.

Mr. Casey moved to fill the blank with the words:”two hundred,” which was carried.  The rule requiring all bills to be read on three several days being further dispensed with, the bill was read the 3d time and passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Wood presented the account of sundry persons against the state, which were referred to the committee of accounts.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled, an act to amend the charter of the Planter's and Merchants' Bank of Huntsville, and to provide for the speedy resumption of specie payments thereby; An act to compensate Ferdinand Sannoner for a pay of the state of Alabama; an act to emancipate the persons therein named; 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 Bake to emancipate a negro man slave named Jacob; 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 to compel parties to a suite who plead the loss of any instrument in writing under which they claim a benefit, to make oath of the truth of such pleading; An act in relation to seamen belonging to vessels in merchant’s service; An act to change the State road, ad 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 19th November, 1818; An act to provide for the payment of state witnesses; An act to better regulate the proceedings of public officers in the several counties in this state: all of which were accordingly signed by Mr. President.

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 a bill, originating in their House, entitled an act making appropriations for certain claims against the state.

Resolution in relation to the printing and distribution of the acts, resolutions and journals of the Genera Assembly, was read the first time.  The rule requiring all joint resolutions to be read on three


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several days being dispensed with, it was read the 2d and third time forthwith and passed.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act making appropriations for certain claims against the state, 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 2d time forthwith, and ordered to be referred to the committee on accounts, to consider & report thereon.

A bill, entitled an act to authorize the administratrix of Oliver Holman, deceased, late of the county of Mobile, to sell real estate, and for other purposes; was read the first time.  The rule requiring all bills to be read on three several days was dispensed with, and the bill was read the second time, and ordered to be read the third time on to-morrow.

A bill, entitled an act to authorize David Dickenson, Reuben Hays and William Hays to emancipate certain slaves therein named, was read the first time.  The rule requiring all bills to be read on three several days being dispensed with; was read the second and 3d time and passed.

Ordered, That the secretary acquaint the House therewith.

Ordered, That the bill, entitled an act dividing the 22d regiment of Alabama militia lie on the table.

An engrossed resolution providing for the safe keeping of the furniture belonging to the state house, was read the 3d time & passed.

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

On motion, Ordered, That the Senate insist upon their disagreement to the amendment made by the House of Representatives to the bill, entitled an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Greene Academy.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act for the relief of Thomas Berry; was read the first time.  The rule requiring all bills to be read on three several days being dispensed with, it was read the 2d & 3d time & passed.

Ordered, That the secretary acquaint the House therewith.

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