Monday, December 8.

The Senate met pursuant to adjournment.

Mr. Moore presented the petition of Daniel Rather, jailer of Madison county; which was read, and ordered to be referred to the committee on propositions and grievances, to consider and report thereon.

Mr. Sullivan obtained leave to introduce a bill, to be entitled an act to regulate costs in the supreme court; and

An act restricting officers from taking commissions on costs collected on executions; which were read.

Ordered, That the were severally pass to a second reading on to-morrow.

A bill, entitled to authorize Rebecca Fletcher to emanci-


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pate a certain slave therein named, was read the second time, and ordered to be engrossed for a third reading on to morrow.

A bill, to be entitled an act the better to provide for the families of insolvent debtors, was read the second time, and ordered to be referred to the committee on propositions and grievances, to consider and report thereon.

A bill, entitled an act to amend an act, entitled “An act for the government of the port and harbor of Mobile,” passed of the 23d December, 1822;

An act supplementary to the law respecting garnishment;

An act to alter and amend the existing laws concerning strays;- were severally read the third time and passed.  Ordered, That the secretary acquaint the Hose of Representatives therewith.

A bill, entitled an act to authorize the administrators of Thomas McHenry, deceased, and Isaac Edwards, deceased, to convey certain real estate therein named, was read the third time; and on the question being put, “Shall this bill pass?” it was decided in the negative.

The Senate, according to order, resolved itself into a committee of the whole on the bill, entitled an act to establish the Bank of the State of Alabama, Mr. Bibb in the chair; and after some time spent in the consideration thereof, the committee rose, Mr. President resumed the chair, and Mr. Bibb reported the same with sundry amendments; which were concurred in.

Mr. McVay offered the following amendment to the 8th rule of the 9th section of said bill: “nor shall any person who is a member of the General Assembly of this state, be eligible to any office in the said bank, or any branch thereof, until the expiration of five years, from and after the first day of January next.  And it shall not be lawful for the said bank, or any branch thereof, to discount to any person who may hereafter be elected a member of either branch of the General Assembly of this state, during the time for which such person may be elected, or discount any note to any other person, on which any person so elected to the General Assembly as aforesaid, may appear as a security or endorser during the term aforesaid.”

Mr. Powell moved to amend said amendment by striking out the words, “until after the expiration of five years from and after the first day of January next;” and inserting in lieu thereof the words, “during the time for which he is elected;” which was determined in the affirmative.

Mr. Casey moved further to amend said amendment, by striking out all after the words, “until the expiration of five years from and after the first day of January next;” which was determined in the affirmative ---  yeas 11, nays 8.

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

Mr. Armstrong

Coats

Crabb

Metcalf

Smith

Bibb

Conner

McCamy

Shackleford

Sullivan- 11

Casey

Those who voted in the negative, are:

Mr. President

Hopkins

Murphy

Powell

Wood- 8

Devereux

Moore,

McVay

The question was the put on the adoption of Mr. McVay’s amendment as amended, and decided in the affirmative.


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Mr. Powell offered the following as an amendment to the 2d section of the bill: “Provided, That until after the year 1825, a greater sum than _____ dollars shall not be appropriated in the erection of buildings for the purpose of carrying this act into effect;” which was adopted.

Mr. wood offered the following amendment to the oath prescribed in the 12th rule of the 9th section of the bill  “And that I have no interest in any other bank or banks;” and on the question being put, on the adoption of said amendment, it was determined in the negative --  Yeas 9, nays 10.

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

Mr. President

Crabb

Hopkins

McVay

Wood- 9.

Coats

Devereux

McCamy

Sullivan

Those who voted in the negative, are,

Mr. Armstrong

Casey

Metcalf

Murphy

Shackleford

Bibb

Conner

Moore

Powell

Smith- 10.

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

Mr. President- The House of Representatives concur in the amendment made by your honorable body to the following bills, entitled, respectively:

An act supplementary to the law respecting garnishment;

An act entitled an act to amend an act for the government of the port and harbor of Mobile, passed 23d December, 1822;

An act to provide for contesting the elections of justices of the peace and constables;

An act to change the time of holding the county courts of Bibb county.

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

Evening Session.

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

An act respecting bail in civil cases;

An act refunding Benjamin Sherrod taxes improperly paid;

An act concerning writs of certiorari;

An act to alter the name of, and legitimate a certain person therein named; and

An act to legalize registering or recording certain deeds or conveyances of lands in this state, and for other purposes: which were accordingly signed by Mr. President.

The Senate resumed the consideration of the bill, entitled an act to establish the Bank of the State of Alabama.

Mr. McVay moved to amend the bill by striking out the words, “under the injunction of secrecy,” in the sixteenth section; which was lost.

Mr. Powell moved to amend the bill by striking out the following proviso in the sixteenth section thereof: “Provided, That this act shall not be construed to imply a right of inspecting the accounts of any private individual or individuals with the bank.”

Mr. President, having substituted Mr. Bibb in the chair, moved to amend the amendment by striking out all of the sixteenth section of the bill, which reads as follows: “And be it further enacted, That the comptroller shall be furnished as often as he may require, not


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exceeding once a month, with statements of the amount of the capital stock of the bank, and of the debts due to the same, of the moneys deposited therein, of the notes in circulation, and of the cash on hand; and he shall, under the injunction of secrecy, have the right to inspect all not be construed and books of the bank: Provided, That this act shall not be construed to imply a right of inspecting the accounts of any private individual or individuals with the bank.  and it shall be the duty of the said comptroller to make an annual report to the legislature on the subject of the bank; and if in his opinion the transactions of the bank or any particular circumstance relating thereto, shall require it, he shall apply to the House for a select committee of three members to be appointed, who shall under a like injunction of secrecy, take into consideration any matters relating to the said bank, submitted to them by the comptroller, and report thereon at their discretion to the legislature;” and on the question being put, it was determined in the negative- Yeas 5, nays 14.

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

Mr. President

Armstrong

Bibb

Hopkins

Shackleford-5

Those who voted in the negative, are,

Mr. Casey

Crabb

Metcalf

McVay

Sullivan

Coats

Devereux

Moore

Powell

Wood- 14.

Conner

McCamy

Murphy

Smith

The question was then put on the adoption of the amendment proposed by Mr. Powell, and lost.

Mr. Armstrong moved to amend the bill by striking out the words in the 21st section “by joint vote of both Houses of the General Assembly,” where it provides that the bank shall be located by joint vote of both Houses of the General Assembly, and inset in lieu thereof the words “at the city of Mobile;” which was determined in the negative.

On motion of Mr. Casey, Ordered, That the bill be engrossed for a third reading on Wednesday next.

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

Mr. President- The House of Representatives have passed bills which originated in their body, of the following titles: “An act to amend an act entitled an act to establish a public road from Ditto's Landing to Marston Mead's;”

An act authorizing the county court of Limestone county to make certain allowances therein named; in all of which they desire your concurrence.  They have also passed bill, which originated in your honorable body, of the following titles, to wit:

An act to repeal kin part and amend an act to establish a bank in the town of Mobile, passed 20th day of November 1818;

An act authorizing Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of certain tract of land therein named; and

A resolution requiring the chairman of the committee on enrolled bills, to preserve the engrossed copies of all acts and joint resolutions, and file them with the secretary of state.

Mr. Shackleford offered the following resolution:

Resolved, by the Senate, that with th concurrence of the House of Representatives, the Senate will on to-morrow at the hour of 3


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o’clock, P.M.  meet in the Representative Hall for the purpose of filling all vacancies, which may have occurred in the board of trustees; which was adopted.  Ordered, That it be sent to the House of Representatives for concurrence.

A message from the Governor by J. J. Pleasants, esquire, secretary of state:

EXECUTIVE DEPARTMENT, December 8, 1823.

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

I have received the resignation of Andrew M. Lusk, judge of the county court of Bibb county.  A vacancy in the office of the judge of the county court of Perry county occasioned by the resignation of Charles J. Shackleford, has been filled in the recess of the legislature, by the appointment of George C. King, whose term will expire at the end of your present session.

I have also received the resignation of John McKinley, one of the trustees of the University of Alabama.

ISRAEL PICKENS.

And then the Senate adjourned till to-morrow morning at 10 o’clock.