The Senate met pursuant to adjournment.
Mr. Moore from the committee on enrolled bills, Reported as correctly enrolled, An act regulation proceedings on penal bonds; an act for the relief of George A. Glover assessor and tax collector of Lawrence county for the year 1823; Resolutions providing for the further distribution of the statute laws of the state of Alabama; An act for the emancipation of slaves George and Sarah; An act to authorise judges of the county courts to practice law out of the county in which they may reside; An act concerning public roads in the county of Montgomery; An act authorising executors, &c. to relinquish lands under act of Congress of 18th may 1824; and an act to apportion the Representatives among the several counties in this state and to divide the state into Senatorial districts according to the late census, all of which were accordingly signed by Mr. President.
Mr. Murphy offered the following resolution: Resolved that the principal clerk be authorised to employ an assistant clerk, to expedient the transaction of business for the remainder of the present session of the General Assembly, which was adopted.
A bill to be entitled an act more effectually to ensure the accountability of public officers by providing for the prompt settlement of public accounts, was read the 2d time, and ordered to be referred to the judiciary committee, to consider and report thereon.
A bill to be entitled an act supplementary to and amendatory of, the several laws now in force, regulating the appointment of auctioneers and sales at auction, was read the 3d time, Mr. Murphy moved to reconsider the vote of the Senate on ordering said bill to a 3d reading, which was carried. Ordered that the bill be referred to a special committee, consisting of Messrs. Casey, Moore and Murphy to consider and report thereon.
Bills to be entitled an act altering the sale days of lands and slaves in parts of the counties of Lawrence and Franklin; an act to establish a certain county therein named and for other purposes; and an act authorising the location and sale a certain quarter sections of land granted by Congress to the several counties of this state for seats of justice, 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 for the relief of Cyrus Sibley and James L. Seabury securities of Henry Wheat, was read the 3d time; Mr.
Powell offered the following amendment to the bill by way of rider, Sec. Be it further enacted, that on failure of the parties to pay bonds or notes by this act required to be taken on any of them at the time the same may become due, it shall and may be lawful for the comptroller of public accounts to proceed to collect the same in the manner which is now or may hereafter be pointed out for enforcing collection against tax collectors, which was read three several times and adopted. The question was then put, shall the bill pass? and determined in the affirmative- Yeas 14- nays 4.
The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Bibb, Casey, Crabb, Devereux, Hopkins, McCamy, Moore, Murphy, Powell, Shackleford, Sullivan, Taggert, Wood- 14. Those who voted in the negative, are, Messrs. Coats, Conner, Metcalf, McVay- 4.
Ordered that the secretary acquaint the House therewith.
Mr. Murphy moved to reconsider the vote of the Senate on the passage of a bill to be entitled an act to authorise the location and sale of certain quarter sections of land granted by Congress to the several counties of this state, for seats of justice, which was carried. Ordered that the same be referred to a special committee, consisting of Messrs. Murphy, Hopkins and Casey, to consider and report thereon.
A bill to be entitled an 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, was read the 3d time and passed. Ordered that the secretary acquaint the house therewith.
Mr. President laid before the Senate the following communication for the president of the bank of the state of Alabama.
To the General Assembly of the state of Alabama: The president and directors of the bank of the state of Alabama beg leave respectfully to represent, that at the last session of the Genera Assembly acts were passed, allowing the banks of Mobile and Tombeckbee to issue bills or notes which should not be payable for one hundred and twenty days, commonly called post notes, and that we fear this privilege will enable these banks, if they should continue to issue such notes, very materially to affect to operations of the bank which you have tough proper to confine to our management. To illustrate how this extraordinary privilege, which has been granted to those banks, will operate injuriously to use, we will only state to you what we believe will be practical operation of this system, so soon as the State bank shall commence its business. These post notes, payable four months after date, when put into circulation will be converted either directly or indirectly by those who wish to raise funds to make their purchasers, either in New-York or New-Orleans, into our paper, for the purpose of drawing our specie or other paper which will answer their purposes abroad. These banks, in this way, will be doing the profitable business upon promissory notes, and we will pay the money for them. The immediate effect of this will be to oblige us almost as soon as we begin to discount, to curtail our discounts to secure ourselves against this artificial state of things. In this mode of exchange it must also be apparent that these banks, by issuing these post notes for discounted paper, may receive two per cent for the same before their amount can be demanded at the bank in specie; thereby receiving a discount for that which is not money or the representative of money. Whether this anticipate evil, arising out of things, as they now are, can be remedied, it is for the wisdom of the General Assembly to determine, and if it can we appeal to it, with confidence, to apply the remedy.
By order of the Board, ANDREW PICKENS, President, &c.
Ordered, that the said communication be referred to the committee on the state bank.
A bill to be entitled, an act to establish the town of Whitesburg and
to incorporate its trustees, was read the 3d time and passed. Ordered that the secretary of the Senate acquaint the House 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 received, was read the third time and passed. Yeas 12- Nays 7.
The yeas and nays being desired, those who voted in the affirmative, are Messrs. Bibb, Casey, Coats, Crabb, Devereux, McCamy, Moore, Murphy, Shackleford, Smith, Sullivan, Taggert- 12. Those who voted in the negative, are, Messrs. President, Conner, Hopkins, Metcalf, McVay, Powell, Wood- 7.
Ordered, that the secretary acquaint the House therewith.
A bill to be entitled an act to change the mode of appointing assessors and tax collectors, was read the 3d time; Mr. Shackleford offered the following amendment to the bill by way of rider, Provided however, that when the justices are so connected with the judge of the county court and commissioners as aforesaid, that this law shall not be so construed as to allow the judge a vote in any case except where there is a tie, any law to the contrary notwithstanding, which was read three several times and adopted. Mr. Casey offered the following amendment to the bill; Provided that no magistrate shall be eligible as assessor or tax collectors, which was adopted; then the question was put, shall the bill pass? and determined in the affirmative- Yeas 10, Nays 9.
The yeas and nays being desired, those who voted in the affirmative, are, Messrs. Conner, McCamy, Metcalf, Murphy, McVay, Shackleford, Smith, Sullivan, Taggert, Wood- 10. Those who voted in the negative, are, Mr. President, Bibb, Casey, Coats, Crabb, Devereux, Hopkins, Moore, Powell, 9.
The following communication was received from his excellency the Governor by J. I. Thornton, esq. secretary of state:
Gentlemen of the Senate and f the House of Representatives,
I lay before you a communication from the Board of Trustees of the University of the state of Alabama. I am very respectfully, ISRAEL PICKENS.
The said Report of the said Trustees is as follows:
Board of Trustees of the University of Alabama:
To the honorable the senate and House of Representatives,
The Board of Trustees respectfully submit their view in relation to certain interest of the institution which they understand are now under Legislative consideration. 1st, In regard to the minimum price of the University lands the Board are unanimously of opinion that any reduction at this time would be inexpedient. The reasons inducing them to this opinion arise out of facts communicated by those most intimately acquainted with the lands in different sections of the sate, and with all circumstances connected with the subject.
One fractional section, and five quarter sections have recently been entered at the existing price, and it is believed that other tracts will be taken after the present expectation of a reduction is done away. It is admitted that portions of the land may not soon be saleable at seventeen dollars per acre, yet the Board consider that the delay in the sale of these portions will be of less importance than the sacrifice which would attend a general reduction. Under a favorable change of circumstances it is confidently expected that much of the University land will command the present minimum. The price of lands cannot now be considered as matured; much relinquished and other public land has recently been in market, and more will very soon be offered, a reduction at such a peculiarly unfavorable season is viewed, with great deference, as unadvisable.
2d. The Board of Trustees feel an unusual reluctance in addressing your honorable body, in relation to another subject, as it affects the private application of
a citizen to the Government of his county for the relief; and it is only under the impression of a paramount duty they owe to the interests of the institution, whose concerns have been entrusted by law to their care, that they feel bond to submit respectfully their view to the General Assembly. The subject alluded to, is the claim of Mr. Marr to obtain a release from bonds given by him for the rent of University lands during the years 1820 & 1821.
The act of Congress passed 2d March 1819, granted to this state the land, endowment for the Seminary; the designation to be made by the Secretary of the Treasury. In pursuance to the instructions from the Treasury Department, dated as early as the 2d Dec. 1819, authorising the designation by the late Executive of tracts, and determining to direct the reserve f those tracts which were selected as part of the complement of seventy-two sections, a list whereof was transmitted to the Secretary of the Treasury, and a copy thereof retained in the Executive office; among the tracts designated as first selected, was the land leased to Mr. Marr, as well as the lands leased to many other lessees.
An act of Assembly passed Dec. 17, 1819, no doubt for the purpose realizing as early as possible the benefit of the selection authorised by the Treasury Department, to be made by the Executive, which act authorises the Governor to appoint three commissioners in which county wherein any of the tracts were situate, to least the same at public auction, and to take bonds for the rent. Pursuant to this act, the lands were leased in all the counties wherein they were situated, or as far forth as was practicable. Among these are cases of Mr. Marr; from the rent of which he has asked relief. The amount for which the lands rented in the years 1820 & 1821 was in all not much short of ten thousand dollars. In the case of Mr. Marr's lease the trustees are unapprized of anything which should distinguish his case from all other cases. He does not pretend that he had not the full enjoyment of his term agreeably to the stipulation. The tract leased to him was among the earliest selections made by the state, and was reserved from sale of lands at Tuscaloosa at the first sale therein 1821 by the directions of the Treasury Department. It is true that none of the University lands have been perfected by patent until since the last session.
Should the Legislature in its wisdom grant relief to the present applicant, a similar relief will be due to numerous others who will of course on equal grounds apply; and also those who have paid rent will have a just claim to your impartial notice. By order of the Board unanimously, ISRAEL PICKENS, Pres't
Note, Sec act of Congress, digest p. 912. See act of assembly 1819, sections 10 & 11, page of digest 540.
Ordered that the communication together with the accompanying document lie on the table.
A bill to be entitled an act giving additional remedy against constables, was read the 2d time, and on motion, was referred to the judiciary committee to consider and report thereon.
A bill to be entitled an act for the relief of overseers of roads, was read the 2d time, and on motion, was referred to the committee on roads, bridges and ferries, to consider and report thereon.
A bill to be entitled for the relief of Elijah Montgomery and Henry Gunnison, was read the 2d time; Mr. Taggert offered the following amendment to the bill: Sec. 2 Be it further enacted, that Thomas B. Tunstall and John B. Hogan are hereby relieved from the penalties of the before recited act, and restored to their privileges as is mentioned in the first section of this act, which was adopted. Mr. Sullivan moved to insert the name of Hiram Shortridge after the name of John B. Hogan, which was carried. Mr. Shackleford offered the following amendment, And be it further enacted, that all laws and parts of laws in force in this state in relation to duelling be, and the same is hereby repealed, which amendment was rejected- Yeas 4- Nays 15.
The yeas and nays being desired, those who voted in the affirmative, are Messrs. Coats, Crabb, Metcalf, Shackleford- 4. Those who voted in the negative, are, Mr. President, Bibb, Casey, Conner, Devereux, Hopkins, McCamy, Moore, Murphy, McVay, Powell, Smith, Sullivan, Taggert, Wood- 15.
Mr. Casey moved that 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. Casey, Coats, Devereux, McCamy, Metcalf, Moore, Murphy, McVay, Sullivan - 9. Those who voted in the negative, are, Mr. President, Bibb, Crabb, Conner, Hopkins, Powell, Shackleford, Smith, Taggert, Wood- 10.
On motion ordered that the bill be referred to the committee of propositions and grievances, with power to sent for persons, papers and records. On motion it was ordered that Mr. Powell be added to the committee of propositions and grievances.
A bill to be entitled an act to alter and establish the boundary lines of certain counties therein named, was read the 2d time and referred to the committee on county boundaries.
A bill to be entitled an act to regulate the mode of taxing costs on appeals taken from the decision of justices of the peace to the circuit or county courts, was read the 2d time and on motion was referred to the judiciary committee.
A bill to be entitled an act to amend an act entitled an act to authorise Young A. Gray to convey certain real estate therein mentioned, was read the 2d time, and ordered to be made the order of the day for a 3d reading tomorrow.
The engrossed 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 persons charged with horse stealing, was read the 3d time and passed- Yeas 14- Nays 4.
The yeas and nays being called for, those who voted in the affirmative, are Mr. Casey, Coats, Crabb, Devereux, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Shackleford, Sullivan, Taggert, Wood- 14. Those who voted in the negative, are Mr. President, Conner, Hopkins, Smith- 4.
An engrossed bill to be entitled an act to give Decatur county an additional election precinct, was read the 3d time and passed. On motion it was ordered that the title of said bill be an act to establish certain election precincts therein named. Ordered that said bill be sent to the House of Representatives for their concurrence.
Mr. Casey presented the account of Wm. Gary, which was referred to the committee on accounts and claims.
Mr. Taggert called up a bill to be entitled an act to extend the time of payment of part of the public revenue of Washington county. The bill was amended on Mr. Murphy's motion, and ordered to be referred to special committee, consisting of messrs. Murphy and Taggert, to consider and report thereon.
On motion of Mr. Moore, Ordered that messrs Casey and Powell be added to the special committee appointed to inquire into the expediency of establishing a branch of the state Bank in the northern part of this state. Ordered that Mr. Hopkins be excused from serving on said committee.
Mr. Murphy offered the following resolution: Resolved that the president of the Senate be requested to invite the Bibb society of the state
of Alabama to hold their anniversary meeting this evening in the Senate chamber, should they find it convenient to do so, which resolution was adopted. And then the Senate adjourned till tomorrow morning at 10 o'clock.