The Senate met pursuant to adjournment.
Mr. McVay from the committee on the apportionment, reported a bill to be entitled, an act to apportion the representatives among the several counties of this state, and to divide the state into Senatorial districts according to the late census; which was read the first time On motion, the rule which requires all bills to be read on three several days, was dispensed with, by a majority of four fifths of the members present, and said bill was read the 2d time forthwith. Mr. Moore moved to amend said bill by striking out all after the enacting clause, and inserting in lieu thereof, the following:
That the Representatives of the several counties in this state shall be apportioned at a ration of twenty hundred and eighty-six white inhabitants to a representative, and shall be apportioned between the several counties in this state in the following manner, to wit, The county of Jackson, four; the county of Madison, five; the county of Limestone, four; the county of Lauderdale, three; the county of Morgan, two; the county of Lawrence, three; Franklin, two; Marion and that part of Fayette taken from Marion, one; St. Clair, two; Shelby, one; Blount, one; Jefferson and that part of Walker taken from Jefferson, three; Tuscaloosa and that part of Walker and Fayette taken from Tuscaloosa, four; Pickens and that part of Fayette taken from Pickens, one;
Greene, three; Marengo, one; Perry, two; Dallas, three; Wilcox, one; Autauga, two; Montgomery and that part of Pike taken from Montgomery, three; Butler, one; Henry Covington and that part of Pike taken from Henry, two; Washington, one; Monroe, two; Conecuh, two; Clarke, one; Baldwin, one; Mobile, one; and Bibb, one.
Sec. 2. And be it further enacted, That the counties of Mobile, Washington, and Baldwin, shall form one Senatorial district; Pike, Covington, and Henry, one; Butler, and Conecuh, one; Monroe, and Wilcox, one; Clarke, and Marengo, one: Greene, one; Montgomery, one; Dallas, one; Bibb and Perry one; Shelby and Autauga, one; Blount, and St. Clair, one; Jefferson, one; Tuscaloosa, one; Pickens, Fayette, Walker, and Marion, one; Morgan, one; Franklin, one; Lawrence, one; Lauderdale, one; Limestone, one; Madison, one; and Jackson, one; each of which districts shall have one Senator and no more.
Sec. 3. And be it further enacted, That the sheriffs of the counties of Washington, Henry, Conecuh, Monroe, Clarke, Perry, Autauga, St. Clair, and Fayette, shall be the returning officers for their respective districts; and the sheriffs of other counties of the districts shall make returns to the returning officer within ten days after the Senatorial election, except the sheriffs of the counties of Henry, Covington and Pike who shall be allowed twenty days.
Ordered, that the bill together with amendment lie on the table, and that 200 copies of each be printed for the use of the General Assembly. A message from the House of Representatives, by Mr. Tunstall Mr. President: I am instructed by the House of Representatives to inform your honorable body, that they have read three times bills originating in their body of the following titles, to wit: Joint resolution in relation to Major General La Fayette; An act providing for the extra term of the circuit court of Mobile, and Baldwin counties; An act to incorporate Minette Bridge Company; An act concerning roads, highways, bridges and ferries, in the county of Mobile; An act authorising Armstrong Mitchell, executor, and Elizabeth Averitt, executrix of the last will and testament of Benjamin Averett, to transfer certain real estate; An act to repeal an act, entitled an act to establish regular justices courts in this state passed the 30th of December, 1823; An act to amend an act entitled an act to prevent the frauds and fraudulent combinations in the sale of public lands within this state, passed at Huntsville, on the 17th of December, 1819; An act concerning prisons and prisoners; An act exempting persons of a certain description from taxation; An act vesting judges of the county courts, and the commissioners of roads and revenue the power of altering any state road that may run through their respective counties; And an act to provide for compensating the electors for president and vice president of the United States. In all of which they desire the concurrence of your honorable body. They have also read three times and passed a bill which originated in your honorable body to be entitled an act to provide for the extinguishment of the debt due the state of Alabama by the purchasers of lots in the town of Cahawba.
A message from the House of Representatives, by Mr. Dodson, their clerk. Mr. President: The House of Representatives concur in the amendment made by your honorable body to the bill entitled an act for improving the navigation of the port and harbor of Mobile. Mr. President laid before the Senate a copy of a communication addressed by him to James J. Pleasants, Esq., in pursuance of a resolution of the Senate, and Mr. Pleasant's reply thereto, which on motion
of Mr. McVay, were ordered to be entered upon the journal of the Senate and are as follows:
Sir- By resolution of the Senate passed on yesterday, it is made my duty to communicate to you the manner in which your official services are appreciated by that body.
I assure you, Sir, I never was called to the performance of a more pleasant duty; that intercourse which necessarily exists between the legislative department and the office from which you have recently retired, and which you have so honorably filled, has afforded the Senate the best possible opportunity of observing the manner in which the arduous duties of it have been discharged. In their behalf permit me to say to you that your official conduct has at all times met their most cordial approbation.
Whilst it affords them much pleasure, that your situation is such as to exempt you from the laborious duties of a most responsible office, they feel sincere regret at the loss of the services of an officer whose exemplary assiduity and fidelity entitle him to the hearty thanks of those in whose services he has been. I trust, sir, that you will not view this as the false glare of transient panegyric, but as the real feelings of the Senate of Alabama, whose best wishes for your future success, health and happiness you carry with you in your retirement and with them permit me to mingle my own. Your most ob't N. DAVIS
P.S. Enclosed you will receive a copy of the resolutions which were unanimously adopted by the Senate. N. D.
J. J. PLEASANTS, ESQ.
SIR-- I beg leave to tender you, and through you to the honorable body over which you preside, my most heartfelt acknowledgments for the very flattering testimony of their approbation they have been pleased to express of my conduct whilst in the discharge of the duties of the office of Secretary of State.
If in the performance of the duties of the office, I have fulfilled public expectation, and particularly those to whose partiality I am indebted for the appointment, I am most amply compensated. The most acceptable reward to a public servant is the approbation of those who have employed him; and this testimony of their approbation is felt with peculiar sensibility, when it is known to emanate from a body alike distinguished for their liberality, intelligence and patriotism: and who have been the immediate observers of my official conduct.
Do me the favor Mr. President to present to the Senate my ardent wishes for their prosperity and happiness; and that they may receive the constant support and confidence of their constituents, of which their conduct is so deserving.
For the flattering terms in which you have communicated the sentiments of the Senate, I beg you to be assured I shall ever entertain the most grateful recollection. I have the honor to be, with great respect,
Your most obt. servt. JS. J. PLEASANTS
The Hon. NICHOLAS DAVIS, President of the Senate.
Mr. Casey presented the petition of sundry citizens of Dallas county concerning a road which was read and ordered to be referred to the committee on roads, bridges and ferries.
Mr. Conner obtained leave to introduce a bill to be entitled an act to authorise the county treasurer of the county of St. Clair, to pay a certain sum of money therein named, to Arnold Thomason and Austin Hood, which was read the first time, and ordered to be read the 2d time tomorrow.
Mr. Smith obtained leave to introduce a bill to be entitled an act to declare Beaver creek in Wilcox county, a public highway, which was read the first time, and ordered to be read a 2d time tomorrow.
Bills from the House of Representatives of the following titles, to wit: An act to repeal an act entitled an act to establish regular justices courts in this state, passed the 30th of December, 1823; An act concerning roads, highways, bridges and ferries, in the county of Mobile; 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; An act concerning prisons and prisoners; An act exempting persons of a certain description from taxation; An act vesting in the judges of the county courts and the commissioners of roads and revenue the power of altering any road that may run through their respective counties: An act to incorporate Minette bridge company. An act providing for an extra term of the circuit courts of Mobile and Baldwin counties; An act to provide for compensating the electors of president and vice-president of the United States, were severally read the first time, and ordered to be read the 2d time tomorrow.
The following communication in writing was received from the Governor by James I. Thornton, Secretary of State.
Gentlemen of the Senate and of the House of Representatives.
To authorise the due payment of the interest that may become payable within the ensuing year, on the stock issued in New York for the loan there obtained an appropriation will be necessary. Whereupon no difficulty is anticipated through the operations of the Bank of the state in placing the funds requisite to meet the regular payment in New York.
The law authorising the issuing of this stock contains no provisions for renewing lost certificates of stock, and for transferring the same on books to be kept for the purpose - such a provision is so obviously necessary and so usual in the case of all public stocks, that the purchasers of this stock relied fully on the justice and faith of the state, taking only an endorsement on the power of attorney given by the commissioners to their agent, expressing the understanding that the requisite provision would be made by law.
Accompanied, I lay before you the extract of a letter from the hon. Wm. R. King, relating to this transaction. It is due to that gentleman, that I acknowledge the commissioners are much indebted for his active and assidious attention as their agent, in effecting this negotiation. I am with high consideration, &c.
Ordered, that the communication, together with the accompanying document be referred to the committee on the State Bank.
Resolution from the House of Representatives, entitled resolution in relation to Major general La Fayette, was read the 1st time, and ordered to be read the 2d time tomorrow.
A bill from the House of Representatives, 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, was read the first time, and ordered to lie on the table.
Mr. Casey from the committee on enrolled bills reported as correctly enrolled, an act to provide for the extinguishment of the debt due to the state of Alabama by the purchasers of lots in the town of Cahawba, which was accordingly signed by Mr. President.
Mr. Crabb called up the bill to be entitled an act to provide for the opening and keeping in repair a certain road therein described. Ordered, that said bill be referred to a select committee, consisting of Messrs. Crabb and Moore to consider and report thereon.
A bill to be entitled an act, to alter the place of selling lands and negroes by the sheriff of Bibb county in certain cases, was read the 3d time. Mr. Powell offered the following amendment to said bill by way of rider. Sec. Be it further enacted, that the sheriff and coroner of Tuskaloosa county, are hereby authorised to make sale of land and negroes at or adjoining the union of Broad and Market-streets in the town of Tuscaloosa, at regular sale days, excepting however, such sale days as may come on at the time of the general elections, or during either term of the circuit court for said county, upon having such sale legally advertised, which was read three several times and adopted. The bill was then passed as amended. Ordered, that the words and Tuscaloosa counties be added to the title of said bill, and that the same be returned to the House of Representatives.
Mr. Shackleford called up the bill, to be entitled an act to appoint agents to select a certain quarter section of land for Shelby county, and for other purposes. The bill was then read the third time as amended and passed. Ordered that the words and for other counties therein named, be added to the title thereof, instead of the words for other purposes, ordered that the Secretary acquaint the house therewith.
A bill to be entitled an act authorising and empowering the school commissioners of the 16th section, 4th township, and 7th range, in the district of lands sold at Huntsville, to lease a small part thereof for the purpose of erecting a mill thereon; and, An act to repeal in part and amend an act passed Dec. 17, 1823, authorising Matthew Harberson, administrator of Samuel Harberson, deceased, to make conveyance of a certain tract of land therein named, were severally read the 3d time and passed. Ordered that the secretary acquaint the house therewith.
An engrossed bill to be entitled, an act to repeal in part and amend an act to authorise the judge of the county court of Mobile county, to appoint a public weigher in the city of Mobile, was read the 3d time: Mr. Taggert moved to fill the blank in the bill with the word ten so as to make the compensation of the public weigher ten cents per bale for weighing cotton, which was lost. - Yeas 3- Nays 16
The yeas and nays being desired, those who voted in the affirmative, are Messrs. Murphy, Shackleford & Taggert 3- Those who voted in the negative, are, Mr. President, Bibb, Casey, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Metcalfe, Moore, McVay, Powell, Smith, Sullivan & Wood- 16.
Mr. Bibb moved to fill the blank with the word five. Mr. Smith moved to fill said blank with the words six-and-one-fourth, so as to make the compensation 6 1/4 cents, which was carried. - Yeas 11, Nays 8.
The yeas and nays being desired, those who voted in the affirmative are,
Mr. President, Devereux, Hopkins, McCamy, Metcalfe, Moore, Murphy, Shackleford, Smith, Taggert, Wood- 11. Those who voted in the negative are, Messrs. Bibb, Casey, Coats, Conner, Crabb, McVay, Powell, Sullivan- 8.
So the blank was filled with 6 1/4 cents. The bill was then passed. Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.
Mr. Wood offered the following resolution, Resolved that the committee on schools and colleges and school and college lands be required to enquire into the expediency of explaining, amending and simplifying the law respecting the 16th sections of land appropriated for the use of schools in the several townships in this state, and have leave to report by bill or otherwise, which was adopted.
A bill to be entitled an act to amend the attachment laws of this state was read the 2d time and ordered to be referred to the judiciary committee to consider and report thereon.
Resolution in relation to the boundary line between the states of Alabama and Georgia was read the 2d time: the question was put, shall the Resolution be engrossed for a 3d reading on tomorrow? and determined in the negative.
Mr. Casey offered the following Resolution: Resolved that the judiciary committee be instructed to inquire and report to this House what may be the just and correct construction of the act of Congress, entitled an act granting to the counties or parishes of each state or territory of the United States in which the public lands are situated, the right of pre-emption to one quarter section of land for seats of justice of the same, which was adopted.
A message from the Governor by J. I. Thornton, esq. secretary of state: Mr. President, I am instructed by the Governor to inform you, that he did on the 4th inst. approve and sign, An act to authorise the emancipation of a certain slave therein, which originated in your honorable body.
And then the Senate adjourned till tomorrow morning at 10 o'clock.