Thursday, December 2, 1824.

The Senate met pursuant to adjournment.

Mr. Bibb presented the petition of sundry citizens of Montgomery county concerning a road in said county; which was ordered to be laid upon the table. Mr. Coats from the special committee, to which was referred the petition of citizens of Greensborough, reported a bill to be entitled an act pointing out the manner by which the streets in the town of Greensborough shall be opened and kept in good order, which was read the first time. Ordered that said bill be made the order of the day for a 2d reading on tomorrow.

Mr. Hopkins from the judiciary committee, to which was referred a resolution instructing them to inquire into the constitutionality of carrying residuums so as to operate on counties, each one of which does not adjoin, reported that they have had the same under consideration, and are of opinion that the literal import of the constitution would require that the county receiving a residuum, and the counties transferring this residuum so as to give an additional member to one of them, should touch and bound severally on each and every one of each other Your committee, however, are of opinion that the spirit, intent and design of the constitution will be carried into effect by permitting residuums to be transferred to any county having the largest residuum; Provided that the counties so transferring residuums are adjoining to the county to which such transfer is made, although the counties so transferring do not adjoin, and bound on each other. And the committee beg leave to recommend to the Senate to permit transfers of residuums in such cases to be made, as in their opinion it will facilitate the doing equal justice in the apportionment of the representation of the state. Ordered that the Senate concur in said report.

Mr. Hopkins from the same committee to which was referred a bill to be entitled an act to authorise judges of the county courts to practice law out of the county in which they may reside, report the same as amended; which was concurred in. Mr. Devereux moved to amend the bill by adding the words such judges of the county courts as have obtained a license to practise as attorneys, which was carried. Ordered   that said bill be engrossed and made the order of the day for a third reading on tomorrow.

Mr. Casey from the committee on roads, bridges and ferries, to which was referred the petition of Samuel Gates, praying for the liberty to erect a toll bridge over Conecuh river, reported the following resolution.  Resolved that it is inexpedient to interfere as the county courts are vested with sufficient authority to grant the prayer of the petitioner, should they think proper so to do, which report was concurred in.

Mr. Casey from said committee to which was referred the petition


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of sundry citizens of Greene county, praying for an appropriation of a part of the 3 per cent fund to build a bridge over deep creek in said county, reported that said committee have had the same under consideration and are of opinion that it would be inexpedient at this time to grant the prayer of the petitioners.  Ordered, that said report be laid upon the table.

Mr. Bibb moved that the committee on propositions and grievances be discharged from the further consideration of the petition of Messrs. Gary and Norris, which was lost.

Mr. Bibb from said committee, to which was referred the said petition then made the following report. The committee on propositions and grievances, to which was referred the petition of William W. Gary and Samuel G. Norris, have considered of the same, and deem it inexpedient to grant the relief asked for, ordered that said report lie upon the table.  Mr. Bibb obtained leave to introduce a bill to be entitled an act concerning public roads in the county of Montgomery, which was read the first time. Ordered that said bill be made the order of the day for a second reading, on tomorrow. A bill to be entitled an act divorcing Sarah R. Swansey from James N. Swansey, was read the third time and on the question being put, shall the bill pass? it was determined in the negative. Yeas 10, Nays 7.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Moore, Powell, Sullivan- 10.

Those who voted in the negative are, Messrs. Bibb, Casey, Metcalf, Murphy, McVay, Taggert, Wood- 7.

So the bill was rejected, a majority of two thirds being necessary to pass it.

A bill to be entitled an act for improving the navigation of the port and harbor of Mobile, was read the second time, and committed to a special committee, consisting of Messrs. Murphy, Taggert, and Hopkins to consider and report thereon.

Mr. Shackleford called up the report of the special committee, of which Mr. Crabb was chairman, on the bill to be entitled an act to retrench expenses, which was made on the 29th ultimo, and which was adverse to the passage of the bill. Mr. Wood moved that the Senate disagree to said report, which was lost. Yeas 6, Nays 13.

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

Those who voted in the negative, are Messrs. President, Bibb, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Murphy, Shackleford, Smith, Sullivan, Taggert- 13. So the report was not disagreed to.

Mr. Moore offered the following resolution: whereas the constitution requires that when the white inhabitants of this state shall be one hundred thousand and upwards that the number of Representatives shall never be less than sixty, nor more than one hundred; and whereas from the returns of the last census it appears there are 133,505, white inhabitants in this state. And whereas, it is the interest of this state to have as small a number of Representatives as are allowed by the constitution. Therefore resolved, that the committee on the apportionment be instructed to bring in a bill restricting the number of Representatives to the lowest number required by the constitution as can be done without doing palpable injustice. Mr. Murphy moved to


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amend said resolution by striking out the words as can be done without doing palpable injustice, and inserting in lieu thereof the words, as may consist with doing equal justice to every part of this state, which was carried.

Mr. Casey moved that said resolution lie on the table, which was carried. Yeas 11, Nays 9.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Bibb, Casey, Coats, Conner, Devereux, Metcalf, Shackleford, Smith, Sullivan, Taggert, Wood- 11.

Those who voted in the negative, are, Messrs. President, Crabb, Hopkins, McCamy, Moore, Murphy, McVay, Powell- 8.

So the resolution was laid on the table.

Mr. Crabb obtained leave to introduce a bill, entitled an act to provide for the opening and keeping in repair a certain road therein described; which was read the first time and ordered to be read a 2d time on tomorrow.

On motion of Mr. Shackleford, Resolved,  that the state printer cause to be printed for the se of the Senate one hundred copies of the treasurer's report.

Mr. Taggert obtained leave to introduce a bill entitled an act more effectually to guard the public funds of the counties in this state; which was read the 1st time, and ordered to be read the 2d time on tomorrow.

A bill to be entitled an act divorcing Abraham Beadle, from Letitia Beadle was read the 3d time, and passed by a constitutional majority. Yeas 12, Nays 5.

The yeas and nays being desired, those who voted in the affirmative are Messrs. President, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Moore, Powell, Sullivan, Taggert, Wood- 12.

Those who voted in the negative, are Messrs. Bibb, Metcalf, Murphy, McVay, Smith- 5.

So the bill was passed. Ordered that the secretary acquaint the House of Representatives therewith.

An act to incorporate a volunteer infantry corps in the city of Mobile, to be styled the Mobile republican greens; was read the third time amended and passed. Ordered that the secretary acquaint the House therewith.

Engrossed bill to be entitled an act for the relief of Joseph Burleson, was ordered to lie upon the table.

A bill to be entitled an act divorcing Elizabeth Fields from John Fields, was read the 3d time and rejected. Yeas 5, Nays 12.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Crabb, Hopkins, McCamy, Moore, Powell.

Those who voted in the negative, are Messrs. President, Bibb, Casey, Coats, Conner, Devereux, Metcalfe, Murphy, McVay, Smith, Sullivan, Wood- 12.

A bill to be entitled an act declaring Flint River in Morgan county a public highway, was read the 2d time, and ordered to a 3d reading on tomorrow.

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 was read the 2d time, and referred to the committee on roads, bridges and ferries. And then the Senate adjourned till tomorrow 10 o'clock.