The Senate met pursuant to adjournment.
On motion of Mr. Powell, Ordered, that the credentials of the member from Mobile, Baldwin and Washington, be referred to the committee of privileges and elections, to consider and report thereon.
Mr. Casey laid before the Senate the petition of Edward Clarke, of Philadelphia, proposing a plan for navigating the rapids in rivers; which was read and ordered, together with the accompanying documents, to be referred to the committee on inland navigation, to consider and report thereon.
Mr. Smith presented the petition of James C. Irvin, Assessors and Collector of Wilcox county in 1823, stating that he has paid into the Treasury fifteen dollars and thirteen cents more than the amount assessed and collected, and praying that the same may be refunded to him; which was read and ordered to be referred to the committee on accounts and claims, to consider and report thereon.
Mr. Bibb, from the special committee to which was referred so much of the Governor's message as relates to the dividing line between this state and the state of Georgia; reported that on examination they find the subject was partially acted on at the session of the General Assembly of this state in 1822-3, when the following resolutions were passed: Whereas the dividing line between this state and the state of Georgia never having been run, in comformity to the articles of agreement and cession entered into on the 24th day of April, 1822, between the commissioners of the state of Georgia, on the one part, and the commissioners of the United States, on the other part, from the mouth of Ucha creek on the Chatahooche river; thence on a direct line to Nickajack, on the Tennessee river; and as it is now in contemplation to hold a treaty for the acquisition of lands from the Indians which must bound on said line: and it is highly important to the two states, for various considerations, that the said line should no longer remain undefined by the present marks, and this legislature being of the opinion that said articles of agreement and cession render it obligatory on the United States to cause said line to be run as early as possible-- Be it resolved, &c. That the Governor be requested to take as speedy measures as possible to present the subject to the President of the United States, and to bring the same before Congress, if necessary, for the purpose of procuring said line to be run as early as possible.
"Be it further resolved, that there shall be appointed by the joint vote of both houses of the General Assembly two commissioners, one of whom shall be an artist to accompany such person or persons as may be appointed on the part of the United States, to run said line.
"And be it further resolved, that the Governor of this state communicate the above resolutions to the executive of the state of Georgia, and solicit the concurrence of the state to the same." It appears from the above recited resolutions that it became necessary for the legislature at their then session, to appoint commissioners to carry them into operation; which duty from some unknown cause, they failed to perform: this failure on the part of the legislature to appoint said com-
missioners produced also, (as your committee are informed,) a failure on the part of his excellency the Governor, to communicate with the Governor of the state of Georgia in terms of said resolutions. Your committee therefore recommend that the General Assembly, at their present session, proceed to the election of commissioners as contemplated by the above recited resolutions; which was concurred in.
Mr. Conner offered the following resolution: Resolved, that the Judiciary committee inquire into the expediency of altering the time of holding the commissioners' courts; which was adopted.
Mr. McVay offered the following resolution: Resolved, that the committee on roads, bridges, &c. be instructed to inquire into the expediency of so amending the laws as to compel owners of ferries and toll-bridges over water courses, to keep in repair at their own expense the banks of such water courses, where said roads may run to high water mark, and report by bill or otherwise; which was adopted.
Mr. Powell obtained leave to introduce a bill, to be entitled an act amendatory to the laws in relation to roads, bridges and ferries; which was read the first time and ordered to be read a second time on Monday next.
Mr. Bibb offered the following resolution: Resolved by the Senate, that with the concurrence of the House of representatives, the General Assembly will, on Saturday next, at 3 o'clock, P. M. proceed to the election of a Judge of the county court of Montgomery county, to fill the vacancy occasioned by the resignation of the Hon. Joseph W. Field; which was adopted. Ordered, that the Secretary acquaint the House therewith and desire their concurrence.
Mr. Smith offered the following resolution: Resolved, that the committee on roads, bridges and ferries be instructed to examine the laws regulating the apportionment of hands to work on public roads in this state and report any necessary amendment, by bill or otherwise; which was adopted.
Mr. Sullivan offered the following resolution: Resolved that the military committee be instructed to inquire into the expediency of dividing the thirty second regiment, so that the east side of the Cahawba river in Perry county may form a new regiment and said regiment when so formed to be attached to the sixth brigade; which was adopted.
A bill, to be entitled an act to prevent the abatement of suits at common law, was read a second time and ordered to be engrossed for a third reading on Monday next.
A bill, to be entitled an act to authorise the emancipation of a certain slave therein named; was read the second time.
Mr. Coats offered the following amendment to said bill: Provided, however, that said slave so emancipated shall remove beyond the limits of this state within twelve months after his emancipation, and shall not return to reside therein; which was rejected. Ordered, that said bill be engrossed and made the order of the day for a third reading on Monday next.
Mr. Sullivan offered the following resolution: Resolved, that the committee on roads, bridges and ferries be instructed to inquire into the propriety of reducing into one act the several acts of the General Assembly in force, on the subject of roads, bridges and ferries, with such amendments thereto as said committee may deem necessary for the public conveniences; which was adopted.
A message from the House of Representatives by Mr. Dodson, their clerk: Mr. President, I am instructed by the House of Representatives to inform your honorable body that they concur in the resolution of your honorable body proposing to go into the election of a Judge of the county court of Montgomery county, on Saturday next, at 3 o'clock.
And then the Senate adjourned till tomorrow morning 10 o'clock.