Wednesday, December 31.

Mr. Moore from the committee on enrolled bills, reported as correctly enrolled, an act to authorize the judge of the county court and commissioners of roads and revenue of Mobile county, to levy an extra tax for the building a court-house and jail in said county, and for other purposes: an act to incorporate the Limestone and Flint River Navigation Companies; Resolution appointing commissioners of reserved lands in the town of Cahawba; and, 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; all of which were accordingly signed by Mr. President.

Mr. Powell, having voted in the majority, moved to reconsider the vote of the Senate on the question to strike out the words “fifty” in the fourth section of the bill, entitled an act to make appropriations for the year 1824; which was carried.  Mr. Powell moved to fill the blank with the word “fifty,” which was carried.

On motion of Mr. Powell, Ordered, That the committee of accounts be discharged from the further consideration of the accounts

 


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of sundry persons, against the state for conveying the returns of the election for representatives to congress.

Mr. Powell, from the committee of accounts, to which was referred to the account of Daniel Ayers, jailer of Jefferson county, reported, that it would be inexpedient to allow the account.

Mr. Wood moved to disagree to said report: which was lost.

Mr. Powell, from the same committee, to which was referred the account of William Boswell, against the state, reported in favor of allowing a part, and rejecting the remainder of said account; which was concurred in.

Mr. Powell, from the same committee, to which was referred the bill, entitled an act making appropriations for certain claims against the state; reported the same with sundry amendments which was concurred in.  Ordered, that the bill pass to a 3d reading this evening.

The following written communication was received from the Governor by J. J. Pleasants, esq. Secretary of State.

Executive Department, Dec. 31, 1823.

Gentlemen of the Senate, and of the House of Representatives.

I feel it a duty while certain subjects having an important relation to our navigable waters have been under consideration, and may yet be within the reach of the General Assembly, to call your attention to the ordinance passed in convention and appended to the constitution of the state; the last clause of which provides in the following words; that all navigable waters within this state shall for ever remain public highways free to the citizens of this state and of the United States, without any tax, duty, impost or toll therefore imposed by this state, and this ordinance is hereby declared irrevocable without the consent of the United States.” Taking this clause in its most comprehensive sense it may well be questioned, whether a shoal interrupting a navigable river may be subjected to toll, for improving the same, without the assent of the U. States; and it will always be a question depending on the topography of the several places improved, to determine how far a given improvement may tend to limit the existing liberty of any navigation in any river.

Believing that Congress will readily assent to a proposition so laudable. so extensively beneficial, and at the same time so reasonable, I recommend that an act may be passed subjecting such acts as have been passed at the present session, proposing to improve any navigable rivers by liberty of toll, or by exclusive right to the condition of the assent of Congress being had thereto.  I have the honor to be, &c. ISRAEL PICKENS.

Ordered, That Messrs. Hopkins, Bibb and Shackleford be appointed a committee on the part of the Senate to act with such committee as may be appointed on the part of the House of Representatives, to take into consideration said communication.

Ordered, That the secretary acquaint the House therewith.

Mr. Casey called up the bill, entitled an act dividing the 22d regiment of Alabama militia, and offered an amendment to the same; which was adopted.  The bill was then read the 3d time & passed.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act to authorize the administrators of Oliver Holman, deceased, late of the county of Mobile, to sell certain real estate, and for other purposes, was read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

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

Mr. President:- The House of Representatives have passed a bill, originating in their House, entitled an act for the relief of Ro-

 


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bert H. Gregg, tax collector of Wilcox county for the year 1820; in which they desire your concurrence.

They concur in the amendments made by your honorable body, to the bill, entitled an act to authorize Rodah Horton and associates, to construct a turnpike road therein named.

They adhere to their amendment to the bill, entitled an act appropriating the fines and forfeitures accruing in Madison county to the benefit of Greene Academy.  They have read three times and passed, a resolution originating in your House, entitled a resolution providing for the safe keeping of the furniture belonging to the state House.  They concur in the amendment of your hon. body, to the bill, entitled an act amendatory of the laws now in force respecting roads.

Mr. Powell moved, that the Senate adhere to 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; which was carried.

Ordered, That Messrs. Casey, Bibb and Hopkins, be appointed a committee on the part of the Senate, to meet and confer with such committee as may be appointed on the part of the House of Representatives, on said disagreement.

Ordered, that the secretary acquaint the House therewith.

A bill, entitled an act for the relief of Robert H. Gregg, tax collector of Wilcox county, for the year 1820, 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 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 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 regulate the commissioners of assessors and tax collectors; and, an act to improve the navigation of the Tennessee river, all of which were accordingly signed by Mr. President.

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

Ordered, That the secretary acquaint the House therewith.

Mr. Moore called up the bill, entitled an act supplementary to an act allowing an additional number of jurors in the Madison circuit court.  The bill was then read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Bibb, from the committee on enrolled bills, reported as correctly enrolled, resolution, providing for the safe keeping of the furniture belonging to the state house; which was signed by Mr. President.

Mr. Moore called up the bill, entitled an act authorizing the county court of Limestone county, to make certain allowances therein named.  The bill was then read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

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

Evening Session.

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

Mr. President:- The House of Representatives have appointed Messrs. Miller, Adair, Lanier and King, a committee on their part, to confer with the committee appointed on the part of your honorable body, on the subject of the disagreement between the two Houses in relation to the amendment made by this House to a bill,


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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 a bill, entitled an act dividing the 22d reg’t of Alabama militia.

They have appointed Messrs. Adair, Jackson, Martin, Weissiner and Crenshaw a committee on their part, to confer with the committee appointed by your honorable body to take into consideration the massage of the Governor of this day, upon the subject of our navigable waters.

They have read a third time and passed, a bill, originating in your Honorable body, entitled an act for the relief of the tax collectors in certain counties therein named; and have amended the same by striking out the word “said” in the 3d line of the first section, and by inserting between the words “collector” and “be” in the same line, the words of “Marengo county,” and by two additional sections; in which amendments they desire your concurrence.

They disagree to the amendments of your honorable body to the bill, entitled an at regulating the fees of justices and constables; by striking out all of the first section after the enacting clause; also by striking out the words “And be it further enacted" in the second section; also by striking out the words “above recited act" and inserting in lieu thereof the words “an act to revise, consolidate, and amend the several acts, relative to justices of the peace and constables, passed Dec. 27th, 1814.”  They concur in the amendment to the Senate by three additional sections.

They have read a 3d time and passed a bill, originating in your honorable body, entitled an act for the relief of the people of the state of Alabama, and have amended the same by inserting the word “Blount,” in the first section, and by an additional section; in which they desire your concurrence.

Ordered, That the Senate concur in the amendments made by the House of Representatives to the bill, entitled an act for the relief of the tax collectors in certain counties therein named.  Ordered, That the secretary acquaint the House therewith.

Ordered, That the Senate recede from their amendments to the bill, entitled an act regulating the fees of justices, constables and lawyers, to which the House of Representatives disagree.  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 for the relief of the people of the state of Alabama. 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 third time as amended, 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 read three times, and passed a bill originating in their House, entitled An act supplemental to, and explanatory of two acts; one to improve the navigation of the Coosa river, and to aid in its connexion with the Tennessee waters:- and the other to improve the navigation of the Tennessee river: in which they desire your concurrence.  The said last mentioned bill 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 and third time forthwith, and passed. Ordered, That the secretary acquaint the House therewith.

Mr. Hopkins, from the committee of conference, appointed on the part of the Senate, to confer with the one appointed on the part of the House of Representatives, on the subject matter of disagreement between the two Houses in relation 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, Reported, That the committee have instructed him to recommend to the Senate to recede from their disagreement to said amendment; and on the question being put on concurring in said report, it was determined in the affirmative- Yeas 7, Nays 4.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Bibb, Conner, Devereux, Hopkins, McCamy and Moore- 7.

Those who voted in the negative are, Mr. Crabb, McVay, Powell, Shackleford- 4.

So the report was concurred.  Ordered, that the Sec’y, acquaint the House therewith.


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

Mr. President - The House of Representatives concur in the amendments made by your honorable body to the bill, entitled an act to increase the compensation of jurors in the county therein named, and for other purposes.  They also concur in the amendments made by your honorable body to the bill, entitled an act making appropriation for certain claims against the state.  They have read a third time and passed a resolution, requesting our senators and representatives to Congress, to procure the assent of Congress to two bills for the improvement of our navigation.  The last named resolution was read the first time.  The rule requiring all joint resolutions to be read on three several days being dispensed with, it was read the second and third time, and passed.  Ordered, That the secretary acquaint the House therewith.

A message from the Governor, by J. J. Pleasants, Esquire.  Mr. President- The Governor did, on the 30th inst. approve and sign, An act to declare Bassett’s Creek, in Clarke county, a public highway, and for other purposes; An act authorizing a lottery to aid in the improvement of the navigation of Indian creek; An act to alter the times of holding courts in the first, third, and sixth judicial circuits; An act to allow Henry Hitchcock compensation for superintending the printing the Digest and making the index for the same; An act in relation to the sixteenth sections, Memorial of the General Assembly of the state of Alabama to the Congress of the United States; and a 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.

And on this day, an act allowing a certain salary to the judge of the county court of Mobile; An act for the relief of Thomas C. Jones; An act to incorporate the Limestone and Flint River Navigation Companies; An act to provide for taking the census; 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 remove the same; An act restricting officers from taking commissions on costs collected by them on execution; Resolution appointing commissioners of reserved lands in the town of Cahawba; 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; An act to authorize the judge of the county court and the commissioners of roads and revenue in Mobile county, to levy an extra tax for the purpose of building a court-house and jail in said county, and for other purposes; An act to authorize William E. Dupree to emancipate a certain slave named Billy; Resolution concerning the district court of the United States; Resolution in relation to certain depreciated paper in the treasury of this state; and, An act to repeal so much of an act, passed on the 18th day of Nov. 1821, as allows Samuel Dale for life, the half pay of a colonel in the army of the United States; all of which originated in this Houses.

Mr. Moore offered the following resolution: Resolved, That a committee be appointed on the part of this House to act with such committee as may be appointed on the part of the House of Representatives, to wait on his Excellency the Governor, and inform him that the two houses have completed the business before the, & are ready to adjourn sine die, if he has no further communication to make; which was adopted: Whereupon, Messrs. Moore and Bibb were appointed a committee on the part of the Senate.  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 a resolution, appointing John A. Cotton and Williams Hendrick, commissioners to examine the state road leading from Line Creek to Coffeeville; in which they desire your concurrence.

They have concurred in the resolution of your honorable body, appointing a committee to act with such committee, as may be appointed by their House, to wait on the Governor and inform him that the two Houses have completed the business before them; and are ready to adjourn sine


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die, if he has no further communication to make to them, and have appointed on their part Messrs. Adair, Manly and McLemore.

A resolution appointing John A. Cotton and Williams Hendrick, Commissioners to examine the State Road leading from Line Creek to Coffeeville, was read the first time.  The rule requiring all joint resolutions to be read on three several days being dispensed with, it was read the 2d & 3d time and passed.  Ordered, That the secretary inform the House thereof.

Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled, An act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Green Academy; which was signed by Mr. President.

Mr. Casey, from the committee on enrolled bills, reported as correctly enrolled, An act for the relief of the people of the state of Alabama; An act dividing the 22d regiment of the Alabama militia; An act supplementary to an act allowing an additional number of jurors to the Madison circuit; An act for the relief of Thomas Berry; An act to increase the compensation of jurors in certain counties therein named; An act regulating the fees of justices, constables and lawyers; An act amendatory to the laws now in force respecting roads, &c.; An act to authorize the administratrix of Oliver Holman deceased, late of the county of Mobile, to sell real estate, and for other purposes; An act making appropriations for the year 1824; An act authorizing the county court of Limestone county to make certain allowances therein named; An act for the relief of Robert H. Gregg, tax collector of Wilcox county for the year 1820; An act to authorize David Dickinson, Reuben Hays and William Hays, to emancipate a certain negro therein named; Resolution in relation to the printing and distribution of the acts, resolutions and journals of the General Assembly; and, An act supplemental to, and explanatory of, two acts- one to improve the navigation of the Coosa river, and to aid in its connexion with the Tennessee waters- and the other to improve the navigation of the Tennessee river: All of which were signed by Mr. President.  On motion, the Senate adjourned till 7 o'clock this evening.   7 o'clock P.M.

The Senate met pursuant to adjournment.  Mr. Moore, from the committee on enrolled bills, reported as correctly enrolled, an act to authorize Rodah Horton and his associates to construct a turnpike road therein named; An act making appropriations for certain claims against the state, and for other purposes; Resolution requesting our Senators and Representatives in Congress to procure the assent of Congress to two bills, for the improvement of our navigation; Resolution appointing John A. Cotton and Williams Hendrick, commissioners to examine the State Road leading from Line Creek to Coffeeville, An act for the relief of the tax collectors in certain counties therein named; and, an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Green Academy.

A message from the Governor by J. J. Pleasants, esquire.  Mr. President- The Governor did, on this day approve and sign, an act to improve the navigation of the Coosa River and to aid in its connexion with the Tombeckbe waters; An act for the relief of the people of the state of Alabama; Resolution providing for the safekeeping of the furniture belonging to the state-house; and, An act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Greene Academy; all of which originated in the Senate.

Mr. Moore, form the joint committee, Reported, that they had waited on the Gov’r who informed them that he had no further communications to make to the General Assembly.

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

Mr. President- The House of Representatives have adopted the following resolution:

Resolved, That a message be sent to the Senate, informing them that the House had finished all the business before the, and are ready to adjourn sine die.

Mr. Shackleford having taken the chair, on motion of Mr. Powell, it was resolved unanimously, that the thanks of this House be presented to the Hon. Nicholas Davis, the President thereof, for the dignity, impartiality and intelligence, with which he has discharged the arduous and important duties of the chair, during the present session. Mr. President having resumed the chair, addressed the Senate in the following manner:

Gentlemen- I feel grateful for the resolution of thanks which you have been pleased to adopted.  Such a distinguished testimony of your approbation of the manner in which I have discharged the arduous duties of the chair, will ever claim my fondest recollections.  In separating from you, gentlemen, I feel a degree of emotion which I am unable to express.  You will carry with you my best wishes for your individual happiness and the prosperity of your families.

Ordered, That the secretary inform the House of Representatives, that the Senate having finished the business before them, are about to adjourn.  Whereupon, on motion of Mr. McVay, the President adjourned the Senate without day.

NICHOLAS DAVIS, President of the Senate.

TEST, F. S. LYON, Sec'y of the Senate.