Tuesday, December 14, 1824.

The Senate met pursuant to adjournment.

The following communication was received from the Governor, by James I. Thornton, Esq. Secretary of State.

I have received the resignation of Robert Lawson, esq. as judge of the county court of St. Clair county, and of Nathaniel Dodson, esq. as judge of the county court of Monroe county.

I am respectfully, &c.                ISRAEL PICKENS.

Ordered, that the communication lie on the table.  Mr. Taggert moved that the resolution prohibiting the introduction of new business after Saturday last be rescinded, and that he have leave to present two petitions, which was lost.

Mr. Casey from the committee on roads, bridges, and ferries, to which was referred a bill to be entitled an act to alter the time of appointing overseers of roads, reported the same as amended, which was concurred in.  Ordered, that the bill lie on the table.  Mr. Smith from the special committee, to which was referred a bill to be entitled an act to retrench county expenses, reported that the committee being of opinion that it is improper to reduce the compensation of jurors at this time, deem it inexpedient to pass the bill.  The bill provides that in lieu of the sum heretofore allowed as a compensation to jurors for their services, every person producing a certificate of their having served on the jury at the last court, shall be exempted from working on roads the same number of days.  Mr. Smith moved that the Senate concur in the said report, which was carried.  Yeas 15, Nays 2.

The yeas and nays being desired, those who voted in the affirmative, are Mr. President, Bibb, Casey, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, McVay, Powell, Shackleford, Smith, Sullivan, & Taggert- 15.

Those who voted in the negative, are, Metcalf, & Wood.- 2.

So the report was concurred in.

Mr. Taggert from the special committee, to which was referred the petition of Edwin Lewis, Reported a bill to be entitled an act to amend an act authorising Edwin Lewis to open and construct a road in Mo-


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bile county, and for other purposes passed Dec. 1821;  which was read the first time and ordered to be read the 2d time tomorrow.

A message from the House of Representatives by Mr. Murray their clerk.  Mr. President: The House of Representatives have read three times and passed bills originating in their House, entitled an act to alter and amend the charter of incorporation of the city of Mobile; an act for changing the compensation of the judge of the county court of Mobile; An act to provide for the payment of slaves executed in pursuance of law, in which they desire your concurrence.  They have also read a 3d time and passed bills originating in your honorable body, entitled an act for rendering the decision of civil causes, more speedy and less expensive than heretofore; an act concerning public roads in the county of Montgomery; and have amended the same in the manner herewith shewn.  They concur in the amendments made by the Senate to the following bills, to wit: an act to exempt the citizens of the town of Marion in Perry county, from working on roads beyond the limits of said town, and for other purposes; and An act concerning the issuing and executing of original process by justices of the peace.  They have also read three times and passed a bill originating in your honorable body, entitled an act pointing out the manner by which streets in the town of Greensborough shall be opened and kept in good order, which they have amended by an additional section, and in which amendment they desire your concurrence.  On motion Ordered, that the Senate concur in the amendments made by the House of Representatives to bills, entitled an act pointing out the manner by which the streets in the town of Greensborough shall be opened and kept in good order; and an act concerning public roads in the county of Montgomery.  Ordered, that the secretary acquaint the House therewith.

A bill, from the House of Representatives, entitled an act to provide for the payment of slaves executed in pursuance of law, was read the 1st time; Mr. McVay moved that the further consideration of the bill be indefinitely postponed, which was lost- Yeas 9- nays 10.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. Coats, Conner, Crabb, Devereux, McCamy, McVay, Powell, Smith, Wood- 9.  Those who voted in the negative, are, Mr. President, Bibb, Casey, Hopkins, Metcalf, Moore, Murphy, Shackleford, Sullivan, Taggert. 10.

Ordered that the bill be made the order of the day for a 2d reading on tomorrow.

Bills (from the House of Representatives) of the following titles, to wit: An act for changing the compensation of the judge of the county court of Mobile county and for other purposes therein mentioned; and An act to amend the charter of incorporation of the city of Mobile, were severally read the 1st time, & ordered to be read the 2d time tomorrow.

Mr. Taggert from the special committee to which was referred a bill to be entitled an act to provide for the raising a fund for the support of an academy and hospital in the county of Baldwin, reported the same amended, which was concurred in.  Ordered that the bill be made the order of the day for a 3d reading on tomorrow.

Mr. Murphy from the committee on the state Bank, to which was referred the Governor's message and accompanying documents relating to lost certificates of state stock.  Reported a bill to be entitled


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an act to provide for the transfer of stock issued by the state and for the renewal of lost certificates thereof, which was read the 1st time and ordered to be read the 2d time tomorrow.

Mr. Murphy called up the bill to be entitled an act to amend the attachment laws of this state; Mr. Powell offered the following amendment to the bill, Sec.  Be it further enacted that in addition to the oath now required by law, such non-resident plaintiff, his agent or attorney, before obtaining any such attachment as is authorised by this act, shall swear that the defendant or defendants against whom such attachment is sued out hath or have not sufficient property within the state of his or their residence within the knowledge or belief of such non-resident plaintiff, agent or attorney, as the case may be, wherefrom to satisfy such debt to demand, which was adopted.  Ordered that the bill be engrossed and made the order of the day for a 3d reading on tomorrow.

On motion of Mr. Sullivan a bill to b entitled an act to alter the time of appointing overseers of roads, was taken up; Mr. Sullivan offered the following amendment to the bill, Sec. 2, And be it further enacted that the judge of the county court on the 3d Monday in August in each and every year, instead of the first Mondays in August as now provided by law, which was adopted.  Ordered that the bill be again laid on the table.

On motion of Mr. Taggert, a bill to be entitled an act to incorporate the Minette bridge company was taken up; ordered that the bill be made the order of the day for a 3d reading on tomorrow.

Mr. Shackleford from the select committee to which was referred a bill to be entitled an act to exempt persons of a certain description from taxation, Reported the same as amended, which was concurred in.

Ordered that the bill be made the order of the day for a 3d reading on tomorrow.

Mr. Shackleford from the committee on inland navigation, to which was referred the report of the commissioners appointed to improve the navigation of the Tennessee River, Reported a bill to be entitled an act supplementary to an act passed at Cahawba on the 20th Dec. 1823, entitled an act to appoint commissioners to improve the navigation of the Tennessee River, which was read the 1st time, and ordered to be read the 2d time on tomorrow.

A bill to be entitled an act to authorise Armstrong Mitchell, executor and Elizabeth Averett executrix of the last will and testament of Benjamin Averett, deceased, to transfer certain real estate, was read the 3d time and passed.  Ordered that the secretary acquaint the House therewith.

An engrossed 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, was read the 3d time, and amended by way of rider and 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 act to repeal in part and amend the several acts for the suppression of fire-hunting, was read the 3d time and passed- Yeas 1- nays 8.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. President, Bibb, Coats, Crabb, Devereux, Hopkins, McCamy, Murphy,

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McVay, Powell, Smith - 11.  Those who voted in the negative, are, Messrs. Casey, Conner, Metcalf, Moore, Sullivan, Taggert, and Wood- 7.

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

An engrossed Resolution securing to the people the mode of voting in the most acceptable manner to themselves, was read the 3d time and passed.  Ordered that the title be, A Resolution to ascertain the mode of voting most acceptable to the people, and that the same be sent to the House of Representatives for concurrence.

An engrossed 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 purposes therein mentioned, was read the 3d time & 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 act to give to the people of this state the election of the assessors and tax collector, was read the 3d time, and amended by way of rider; the question was the put, shall the bill pass?  and determined in the negative- Yeas 9- Nays 9.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Bibb, Casey, Conner, Metcalfe, Murphy, McVay, Shackleford, Sullivan, Wood-9.  Those who voted in the negative, are, Messrs. President, Coats, Crabb, Hopkins, McCamy, Moore, Powell, Smith, Taggert- 9.

So the bill was rejected.

An engrossed bill to be entitled an act amendatory to the several laws now in force in the state for the relief of insolvent debtors, was read the 3d time, and ordered to lie on the table.

On motion ordered that a bill to be entitled an act to change the mode of appointing assessors and tax-collectors be referred to the committee on the judiciary to consider and report thereon.

A bill to be entitled an act to repeal in part and amend an act to regulate the fees of justices, constables, & lawyers, & ascertain the fees that said officers are hereafter to received, was taken up; the question was then put on the adoption of the amendment offered by Mr. Wood to the bill on the 11th inst. and determined in the negative- Yeas 6, Nays 13.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. Casey, Conner,  Metcalfe, McVay, Powell, Wood- 6.

Those who voted in the negative, are, Mr. President, Bibb, Coats, Crabb, Devereux, Hopkins, McCamy, Moore, Murphy, Shackleford, Smith, Sullivan, Taggert- 13.  The bill was amended on Mr. Casey's motion, and ordered to be referred to a special committee, consisting of Messrs. Moore, Powell & Bibb to consider and report thereon.

A message from the House of Representatives by Mr. Murray their clerk: Mr. President, the House of Representatives have read 3 times and passed bills originating in their house, entitled an act requiring bills of sale, deeds of gift, &c. in certain cases to be recorded; An act authorising the location and sale of certain quarter sections of land granted by Congress to the several counties of this state for seats of justice, in which they desire your concurrence.  They have also read three times and passed bills originating in your honorable body, entitled an act to provide for the opening and keeping in repair a certain road therein described; and An act the more effectually to ensue the testimony of absent witnesses by interrogatories, the latter of which they have amended in the manner herewith shewn.


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They concur in the amendment made by your honorable body to the bill to be entitled an act to repeal in part an act, entitled an act to establish certain counties therein named, and for other purposes, passed Dec. 17, 1821; and for other purposes.  The have also adopted the following resolution: Resolved, that with the concurrence of the Senate, the two Houses of the General Assembly convene in the representative hall at 3 o'clock, on Thursday next, for the purpose of electing a president and directors of the bank of the state of Alabama; and the judges of the county courts, for all the counties where there is a vacancy; that the west end of the hall be assigned for the reception of the Senate; and that the Senate be informed thereof, in which also they desire your concurrence.  On motion, Ordered, that the bill entitled an act, the more effectually to obtain the testimony of absent witnesses by interrogatories; together with the amendments made thereto by the House of Representatives, lie on the table till tomorrow.

Bills from the House of Representatives of the following titles, to wit An act requiring bills of sale, deeds of gift, &c. in certain cases quarter sections of land, granted by Congress to the several counties of this state for seats of justice, were severally read the first time and ordered to be read the 2d time tomorrow.

The following communication was received from the Governor by J. I. Thornton, Esq. Secretary of State.

EXECUTIVE DEPARTMENT, Dec. 14, 1824.

Gentlemen of the Senate and of the House of Representatives,

I lay before you the report of Enoch Parsons, one of the counsel whom I have requested to attend to the interest of the state in the African cases, at the late session of the federal district court of Mobile.

I am respectfully, &c.                            ISRAEL PICKENS.

Ordered, that the communication together with the accompanying, document, be referred to the committee appointed on so much of the Governor's annual communication as relates to African slaves.  On motion of Mr. Bibb, ordered that Mr. Powell be added to the committee on enrolled bills.

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