Saturday, December 11, 1824.

The Senate met pursuant to adjournment.

Mr. Casey from the committee on roads, bridges, and ferries, to which was referred a bill to be entitled an act to amend the several acts in relation to roads, bridges, and ferries, reported the same without


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amendment.  Ordered, that the same be made the order of the day for a third reading on Monday next.

Mr. Casey from the same committee, to which was referred the petition of sundry inhabitants of green, and Marengo counties, praying an appropriation for building a bridge over Big Prairie Creek on the state road, reported, that it is inexpedient to grant the prayer of the petitioner.  On motion, Ordered, that the report together with the petition lie on the table till the next session.

Mr. Casey from the committee, to which was referred a bill to be entitled an ct to give to the people of this state the election of assessors and tax collectors, Reported the same as amended; which was concurred in.  Mr. Moore moved that the bill lie on the table.  Mr. Coats moved to amend the motion by adding the words, the first day of the next session, which was determined in the negative.  Yeas 5, Nays 14.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. President, Coats, Hopkins, McCamy, Powell,-5.

Those who voted in the negative, are, Messrs. Bibb, Casey, Conner, Crabb, Devereux, Metcalf, Moore, Murphy, McVay, Shackleford, Smith, Sullivan, Taggert, Wood, 14.

On motion of Mr. Moore, Ordered, that said bill lie on the table for the present.  Mr. Casey from the select committee, to which was referred a bill, to be entitled an act to amend an act to regulate the licensing physicians; and for other purposes therein named, passed Dec. 23, 1823, reported, that it is inexpedient to pass the bill, which was concurred in.

A message from the House of Representatives by Mr. Tunstall: Mr. President, the House of Representatives have read three times and passed a bill which originated in your honorable body, entitled an act, amendatory to an act concerning divorce, passed Dec. 21, 1820, and have amended the same by striking out all of the 7th section after the word aggrieved, which occurs in the 4th line, and relates to divorce from bed and board, and inserting in lieu thereof the following, by the same proceeding in the circuit court of the county in which the complainant may reside, as are, or may be required by law to be had on bills praying divorce form the banks of matrimony, and that the decree of such circuit court shall be final in which amendment they desire your concurrence.  Mr. McVay, moved that the Senate disagree to said amendment, which was lost.  Mr. Bibb moved that the Senate concur in said amendment; which was carried.  Yeas 14, Nays 5.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. President, Bibb, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Metcalf, Moore, Powell, Shackleford, Sullivan, and Wood- 14.

Those who voted in the negative are, Messrs. Casey, Murphy, McVay, Smith, Taggert- 5. So the amendment was concurred in.

Ordered, that the secretary acquaint the House therewith.

Mr. Hopkins obtained leave to introduce a bill to be entitled an act to authorise the resident judge of the 3d judicial circuit to hold an intermediate court in Blount county, for the purpose therein mentioned; which was read the first time, and ordered to be read the 2d time on Monday next.

Mr. Smith offered the following resolution: Resolved, that the judi-


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ciary committee be instructed to inquire into the expediency of adopting some mode by which contested elections for Governor shall be decided, and report by bill or otherwise; which was adopted.

Mr. Smith obtained leave to introduce a bill to be entitled, an act giving further time in which executions shall be made returnable, when issued by justices of the peace from one county to another; which was read the 1st time and ordered to be read the 2d time on Monday next.

Mr. Crabb from the special committee, to which was referred a bill to be entitled an act to amend an act, entitled an act, to establish a public road from Ditto's Landing, to Marston Mead's in Blount county, reported the same as amended, which was concurred in.  Ordered, that the bill be engrossed and made the order of the day for a 3d reading on Monday next.

Mr. Smith offered the following resolution: Resolved, that the judiciary committee be instructed to inquire into the expediency of so amending the laws now in force respecting garnishees and attachments, so that no garnishment or attachment shall be quashed in any court on account of any informality, when the intent and meaning is plainly shewn, and that the plaintiff in the case be authorised in court time to correct any previous error that may exist, by making it appear to the satisfaction of the court that such error was not done with an intent of fraud, and to report by bill or otherwise; which was adopted.

Mr. Taggert called up the bill to be entitled, an act to provide for the raising of a fund for the support of an academy and hospital in Baldwin county, and the report made thereon by the committee on roads, bridges and ferries.  On motion of Mr. Taggert, Ordered that the Senate disagree said report.

Mr. Moore offered the following amendment to the bill: Provided, that no landing shall be established on the land of any private individual without his consent, or on the lands of the U. States, without their consent first being obtained; which was adopted.  Ordered that the bill be referred to a special committee, consisting of Messrs. Murphy and Taggert, to consider and report thereon.

Mr. Powell called up the bill to be entitled, an act to amend an act entitled an act to prevent the frauds and fraudulent combinations in the sales of public lands within this state, passed at Huntsville on the 17th December 1819.  The bill was read the 2d time and ordered to be made the order of the day for a third reading on Monday next.

On motion of Mr. Casey, the petition of Messrs. Gary & Norris in relation to the public ferry at Cahawba was taken up and referred to a special committee, consisting of Messrs. Sullivan, Coats and Murphy, to consider and report thereon.

Mr. Smith obtained leave to introduce a bill to be entitled, an act to alter the times of holding courts in the first judicial circuit, which was read the 1st time, and ordered to be read the 2d time on Monday next.

Mr. Metcalfe introduced a bill securing to the people the mode of voting in the most acceptable manner to themselves, which was read the first time and ordered to be read the 2d time on Monday next.

A bill to be entitled, an act exempting persons of a certain description from taxation., was read the 3d time and referred to a special committee, consisting of Messrs. Shackleford and Moore, to consider and report thereon.

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A message form the House of Representatives by Mr. TunstallMr. President, the house of representatives concur in the resolution of your honorable body, proposing to go into the election of a Comptroller of Public Accounts, and State Treasurer, for the ensuing year, this evening at 3 o'clock.

A bill to be entitled, an act concerning prisons and prisoners; and an act concerning roads, highways, and ferries in the county of Mobile; were severally read the 3d time and passed.  Ordered that the secretary acquaint the House of Representatives therewith.

A bill to be entitled, an act to repeal in part an act regulating the fees of justices, constables and lawyers, and to ascertain the fees that said officers are hereafter to receive, was read the second time.

Mr. Wood offered the following amendment to the bill: “Sec.  And be it further enacted, that counsellors and attornies at law, shall be entitled to receive none other than the following fees to wit: for prosecuting or defending a suit in the county courts two dollars; for like services in the circuit court, three dollars; for prosecuting or defending a suit in chancery, ten dollars; for prosecuting or defending a mixed or real action, where the title or bounds of lands are in question, fifteen dollars.  Sec.   Be it further enacted, that if any counsellor or attorney at law, shall directly or indirectly charge or receive a larger fee than is allowed in the foregoing section, he shall be liable to be prosecuted for extortion in any court of record in this state, and being convicted thereof shall not be allowed thereafter to practice law in this state, any law to the contrary notwithstanding.”

On motion of Mr. Casey, Ordered, that the bill, together with the amendment lie on the table till Monday next.

An engrossed bill to be entitled, an act to provide for the payment of interest on the loan obtained for the use of the state, was read the 3d time and passed.  Yeas 15, Nays 4.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Bibb, Casey, Coats, Conner, Devereux, McCamy, Metcalfe, Moore, Murphy, Powell, Shackleford, Smith Sullivan, Taggert, Wood- 15.

Those who voted in the negative are, Mr. President, Crabb, Hopkins, McVay- 4. So the till was passed.

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

An engrossed bill to be entitled an at to apportion the representatives among the several counties in this state, and to divorce the state into senatorial districts according to the late census, was read the 3d time.  Mr. Murphy offered the following amendment to the bill by way of rider: “And be it further enacted, that all that part of Monroe county comprehended within the following limits, viz, beginning where range line between one and two east of the basis meridian intersect the township line between five and six; thence south until the said range line first strikes the Tombeckbe river, below the mouth of Bassett creek; thence up the said river to said township lien between five and six as aforesaid; thence east along the said township line to the beginning, shall be added to and hereafter compose a part of Clarke county, so as to make the counties of Clarke and Mobile adjoin on the Tombeckbe river;” which was read three several times and adopted The question was then put, shall the bill pass?  and decided in the af-


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

A bill to be entitled an act to bring delinquent officers in Clarke county to an account, was read the second time.  Mr. Smith offered the following amendment to the bill.  “Sec. 4.  And be it further enacted, that the aforesaid commissioners shall receive such compensation for their services as the judge of the county court and the commissioners of roads and revenue shall consider reasonable and just;” which was adopted.  Ordered, that the bill be referred to a special committee, consisting of Messrs. Murphy, Smith and Powell, to consider and report thereon.

Mr. Wood availed himself of this constitutional right to spread his reasons on the journal for voting against the indefinite postponement of a bill to entitled an act to retrench the expenses of the state, and for other purposes, which are in the following words:

John Wood, a Senator from Jefferson county offers the following reasons to his constituents for voting against the indefinite postponement of bill to retrench the expenses of this state, and for other purposes.  I believe that a general retrenchment is necessary, beginning at the highest grade of officers.  I brought a bill before the Senate at an early period of this session; the object of which was to effect the purposes above mentioned, which bill was rejected in the Senate.  I then determined to effect a partial reduction of the expenditure of the state, by the bill above mentioned, requiring that the officers of both branches of the legislature hereafter to be elected, should be curtailed in the sums allowed for their services, which I thought unnecessarily high, and I hoped that the passage of such a bill would be a prelude to a general reduction of the expenditures at no distant day.  I do not deny that by allowing a fair compensation to men for their services, we may be enable to invite men of the best talents to fill the several offices, but I contend when this high minded policy is adopted without respect to our want of the proper resources to effect its object it is both impolitic and unjust.  Expenditures ought to be squared to the circumstances of those that are compelled to feel their effects.  That the people are oppressed already by heavy taxes nobody will deny, from the seat to the mountains.  A part of the bill forbids attornies at law from taking fees from plaintiffs for collecting money on bonds, notes or liquidated accounts; with this amendment where due diligence had been used by an attorney and the money could not be made out of the defendant, that the plaintiff should be made liable for the cost.  I believe that defendants ought to pay all reasonable cost on suits, occasioned by their own neglect or want of punctuality, to subject the plaintiffs to such percentage as the members of the bar may agree upon, will subject them to the mercy of the bar.  I am not opposed to a reasonable compensation being allowed to counsellors and attornies at law, provided it is drawn fro many proper source; but the present plan of taxing plaintiffs (although sanctioned by long usage) is contrary to law and every principal of common right in my opinion.            (Signed)           JOHN WOOD.

And then the Senate adjourned till 3 o'clock this evening.

Evening Session, 3 o'clock.

Mr. Wood offered the following Resolution: Resolved that the judiciary committee be instructed to inquire into the expediency of reporting a bill more effectually to enable merchants, mechanics and shopkeepers to prove their accounts, which was adopted.

A message from the Houses of Representatives, by Mr. Tunstall, Mr. President: the House of Representatives have adopted the following Resolution: Resolved that the Senate be informed, that this House is now ready to go into the election of a Comptroller of public


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accounts and state Treasurer, and that the west end of the hall be set apart for their reception: whereupon the members of the Senate repaired to the shall of the House of Representatives, and after having taken the seats assigned them, Mr. President arose and announced the object of the meeting, when the two houses proceeded to the election of a Comptroller of public accounts; Samuel Pickens, alone, being in nomination- Those who voted for Mr. Pickens, are

Mr. President

Shackleford

Cunningham

Martin

Peyton

Bibb

Smith

Dale

McVay

Pickens of D.

Casey

Sullivan

Dickinson

McCord

Pickett

Coats

Taggert

Dinsmore

Mead

Rather

Conner

Wood

Edmondson

Merriwether

Shotwell

Crabb

       Mr. Speaker

Exum

Metcalf

Skinner

Devereux

Abercrombie

Farrar

Miller

Tapscot

Hopkins

Barton

Fleming

Moore of J.

Tindall

McCamy

Baylor

Fluker

Moore of Ma.

Vining

Metcalfe

Baxter

Gaines

Moore of Mo.

Watson

Moore

Byler

Greene

Morton

Worthington

Murphy

Camp

Cook

Hill

Jones

Oliver

McVay

Coleman

Lanier

Parham

White- 71.

Powell

Crenshaw

Mardis

Perkins

Weissinger

The Speaker declared Mr. Pickens duly elected Comptroller of public accounts for one year.

The two Houses then proceeded to the election of state Treasurer, John C. Perry alone being in nomination, the same members who voted for Mr. Pickens as Comptroller, voting for Mr. Perry- The Speaker thereupon declared Mr. Perry duly elected state Treasurer for one year.  The election having been completed, the Senate withdrew and returned to their own chancery, and Mr. President resumed the chair.

And then the Senate adjourned till Monday morning 10 o'clock.