Wednesday, December 15, 1824.

The Senate met pursuant to adjournment.

A message from the House of Representatives by Mr. Murray then clerk, Mr. President, the House of Representatives have read three times and passed bills originating in your honorable body, entitled an act authorising executors, &c. to relinquish lands under the act of Congress of the 18th of May, 1824; An act to declare Beaver Creek in Wilcox county a public highway.  They have also read three times and passed bills originating in their House entitled  to amend the laws in force concerning free negroes, mulattoes and slaves; An act altering the sale days of lands and slaves in parts of the counties of Lawrence and Franklin; an act for the relief of Cyrus Sibley, and James L. Seabury, securities of Henry Wheat; An act to establish a certain county therein named; An act to establish the permanent seat of justice in the county of Jackson, and for other purposes; An act to establish the town of Whitesburg; and to incorporate its trustees; An act supplementary to, and amendatory of the laws now in force, regulating the appointment of auctioneers, and sales at auction; and An


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act to repeal in part and amend an act entitled an act to incorporate the Murder Creek Navigation Company, passed Dec. 15, 1821, and for other purposes, in all of which they desire your concurrence.  They have also adopted the following resolution, in which they desire your concurrence.  Resolved, with the concurrence of the Senate, that both branches of the legislature assemble in the representative hall on Thursday next, at the hour of 3 o'clock, P.M. for the purpose of electing twelve trustees of the state university.

Mr. Powell presented the petition of Humphrey Buck praying the passage of a law authorising him to emancipate two negroes, which was read; Mr. Sullivan moved that the petition lie on the table till the first day of next session, which was carried.

Mr. Powell from the committee of accounts and claims, made the following report:

The committee of accounts and claims, to which was referred the account of Daniel Ayers, late jailor of Jefferson county, and also the petition of sundry citizens of said county, praying that the account of Mr. Ayers may be allowed, have had the same under consideration, and have instructed me to report that it is inexpedient and improper that the same should be paid out of the state treasury, as this claim has been twice before rejected by the Senate, it is considered proper to assign the reasons on which the foregoing report is based under the head of prisons and prisoners, Digest, p. 694, it is required that each county shall cause to be erected and established a strong and sufficient jail for the reception and confinement of criminals.  By an act entitled an act concerning prisons, digest 658 and 659, it is provided that prisoners may be committed to the nearest sale fail of some adjacent county, provided there is no sure jail in the county in which such prisoners may commit the offences with which they are charged, and by an act prescribing the mode for paying the expenses incurred for the safe keeping of prisoners, digest 658, it is expressly declared that the payment of all guards necessary for the safe keeping of prisoners, and all and every other legal expense, which shall accrue from the want of a good and sufficient jail, shall be paid out of the treasury of the proper county, &c. From an examination of the several acts in relation to that subject, your committee are lead to the conclusion that, the state is not chargeable with any other item of expense for the safekeeping of criminals, save only that of victualing them at the rate of forty cents per day, and only then upon the certificate of the circuit court, which certificate in addition to the service performed should also contain evidence of the insolvency of the criminals.  Your committee, however, are of the opinion that as Mr. Ayer's claim appears to be for apprehending, guarding, conveying and committing to Blount county jail certain prisoners, charged with an offence against the laws of the state, that he should receive the amount thereof from the source properly chargeable with the same.  They therefore instruct me to report a bill, to be entitled an act authorising and requiring the treasurer of Blount county to pay to Daniel Ayers a certain sum of money for apprehending, guarding and committing to the jail of said county certain prisoners charged with horse stealing, all of which is respectfully submitted.  The bill reported by said committee, was read the first time, and ordered to be read the 2d time tomorrow.

Mr. Bibb from the committee on enrolled bill, reported as correctly enrolled, An act to repeal in part an act therein mentioned; and requiring the plea of set-off or notice thereof in certain cases; An act to incorporate a volunteer infantry corps in the city of Mobile, to be styled the Mobile republican Greens;  to establish a stat road leading from the city of Mobile to the Mississippi state line; An act amendatory of an act regulating escheats in this state, and to appoint escheators, and for other purposes; and An act declaring Fling river


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in Morgan county a public highway, all of which accordingly signed by Mr. President.

Mr. Sullivan from the special committee to which was referred the petition of Messrs. Gary and Norris, made the following report:- The committee to whom was referred the petition of Gary and Norris, have had the same under consideration and have instructed me to report, that although they lament the situation of the petitioners, in consequence of having entered into contract with the state on the belief that the rate of ferriage at the time of making the contract would not be changed by the county court; still the county court were authorised by law to establish the rates of ferriage, although the rates of ferriage on four wheeled carriages were reduced from $1 50 cts. to $1, and on two wheeled carriages from 75 cents to 50 cents; yet the petitioners when entering into the contract must have know that it was in the power of the county court to establish the rates.  From an examination of the rates, the charge in the two items above specified is the only one made.  The committee, from the whole of the documents accompanying the petition, have no data by which any relief can be extended.  They, therefore, recommend to the Senate that without some date and further evidence, it is inexpedient to grant the prayer of the petitioners.

(Signed)                       D. SULLIVAN, Chairman.

On motion of Mr. Casey, Ordered, that the report, together with the accompanying documents, lie on the table.

Bills from the house of Representatives of the following titles, to wit: an act to amend the laws in force and in use, concerning free negroes, mulattoes and slaves; An act altering the sale days of lands and slaves in parts of the counties of Lawrence and Franklin; an act for the relief of Cyrus Sibley and James L. Seabury, securities of Henry Wheat;  to establish the town of Whitesburg and to incorporate its trustees; and  supplementary to, and amendatory of the law now in force regulating the appointment of auctioneers and sales at auction, were severally read the first time and ordered to be made the order of the day for a 2d reading on tomorrow.

Mr. Powell from the committee on enrolled bills, reported as correctly enrolled, An act appointing agents to select a certain quarter section of land for the county of Shelby and other counties therein named, which was signed by Mr. President.

A bill form the House of Representatives, entitled an act to establish a certain county therein named, and for other purposes, was read the first time.  The rule requiring all bills to be read on three several days being dispensed, the bill was read the second time forthwith and ordered to be referred to the committee on county boundaries, to consider and report thereon.

A bill to be entitled an act to establish the permanent seat of justice in the county of Jackson, and for other purposes, was read the first time --  the rule requiring all bills to be read on three several days being dispensed with, the said bill was read the second time forthwith, and ordered to be read the third time tomorrow.

A bill from the House of  Representatives entitled, an act to repeal in part & amend an act entitled an act to incorporate the murder creek navigation company, passed Dec. 15, 1821, and for other purposes, was read the first time - the rule requiring all bills to be read on three sev-


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eral days being dispensed with, and the bill was read the second time forthwith, and ordered to be referred to the committee of inland navigation, to consider and report thereon.

On motion, Ordered, that the Senate concur in the resolution of the House of Representatives, proposing to go into the election of a President and Directors of the Bank of the state of Alabama, Judges of the County Courts in the several counties where vacancies exist, and twelve Trustees of the University of the state of Alabama, on tomorrow at the hour of three o'clock, P.M.  Ordered, that the secretary acquaint the House of Representatives therewith.

Mr. Casey called up the bill to be entitled, an act to alter the time of appointing overseers of roads.  Ordered that the same be engrossed and made the order of the day for a 3d reading on tomorrow.

Mr. Bibb called up the bill to be entitled, an act the more effectually to obtain the testimony of absent witnesses by interrogatories.  Ordered, that the Senate concur in the amendments made by the House of Representatives to said bill.

A bill to be entitled, an act exempting persons of a certain description from taxation, was read the third time as amended and passed-Yeas 15, Nays 1.

The yeas and nays being desired, those who voted in the affirmative, are Mr. President, Bibb, Coats, Conner Crabb, Devereux, Hopkins, McCamy, Metcalf, Moore, Murphy, Powell, Shackleford, Sullivan, Wood- 15.

Mr. McVay, voted in the negative.

Ordered, that the secretary acquaint the House of Representatives of the passage of said bill. 

A bill to be entitled an act to provide for the raising of a fund for the support of an academy and hospital in the county of Baldwin, and an act to incorporate the Minette bridge company, were severally read the third time and passed.  Ordered, that the secretary acquaint the House of Representatives therewith.

A bill to be entitled, 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, was read the 2d time and ordered to be referred to a special committee, consisting of Messrs. Casey, Murphy and Bibb, to consider and report thereon.

A bill to be entitled an act requiring bills of sale, deeds of gift, &c. in certain cases to be recorded, was read the 2d time, and ordered to be referred to the committee on the judiciary to consider & report thereon.

A bill to be entitled, an act to alter and amend the charter of incorporation of the city of Mobile; and an act for changing the compensation of the judge of the county court of Mobile county and for other purposes therein mentioned, were severally read the 2d time, and ordered to be read the 3d time on tomorrow.

A bill to be entitled, an act to provide for the payment of slaves executed in pursuance of law, was read the 2d time.  Mr. Wood moved that the bill lie on the table till the tenth day of March next; which was lost- Yeas 7- Nays 12.

The yeas and nays being desired, those who voted in the affirmative are, Messrs. Coats, Conner, Devereux, McVay, Powell, Smith, Wood- 7.

Those who voted in the negative, are, Mr. President, Bibb, Casey, Crabb, Hopkins, McCamy, Metcalfe, Moore, Murphy, Shackleford, Sullivan, Taggert- 12.


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Ordered, that the bill be referred to the committee on the judiciary, to consider and report thereon.

An engrossed bill to be entitled, an act to amend the attachment laws of this state, was read the 3d time and passed- Yeas 11, Nays, 8.

The yeas and nays being desired, those who voted in the affirmative, are Mr. President, Bibb, Casey, Crabb, Hopkins, McCamy, Metcalf, Murphy, Shackleford, Smith, Taggert- 11.  Those who voted in the negative, are, Messrs. Coats, Conner, Devereux, Moore, McVay, Powell, Sullivan, Wood - 8.

So the bill was passed.  Ordered that the title be as aforesaid, and that the same be sent to the house of representatives for concurrence.

Bills to b entitled, an act to amend an act to authorise Edwin Lewis to open and construct a road in Mobile county, and for other purposes, passed Dec. 1821; An act to provide for the transfer of stock issued by the state and for the renewal of lost certificates thereof, and An act supplementary to an act, passed at Cahawba on the 20th of Dec. 1823, entitled an act to appoint commissioners to improve the navigation of the Tennessee river, were severally read the 2d time and ordered to be engrossed and amend the order of the day for a third reading on tomorrow.

Mr. Wood called up the bill to be entitled, an act concerning county tax.  Mr. Hopkins offered an amendment to the bill which was adopted.  The question being put, Shall the bill be engrossed for a third reading on tomorrow?  and decided in the negative.  Yeas 7, Nays 11

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Bibb, Conner, McCamy, Moore, McVay, Powell, Wood- 7.

Those who voted in the negative, are, Mr. President, Casey, Coats, Crabb, Devereux, Hopkins, Metcalfe, Murphy, Smith, Sullivan, Taggert- 11.

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