The Senate met pursuant to adjournment.
The following communication was received from the Governor by J. J. Pleasants, Esq. Secretary of State:
Gentlemen of the Senate-- In compliance with the resolution of the Senate, asking such information as may be in my possession, relative to the settlement of accounts between this state and the state of Mississippi, I have the honor to lay before you all the correspondence between the two states on the subject.
The claim on the part of the state for a distributive share of the balance in the Treasury of Mississippi, at the period of separation, in the proportion of the revenues derived from each, appears not only founded on principles of justice, but on the express terms of the ninth section of the act by which Alabama was made a separate territory.
The last communication from the Executive of Mississippi on this subject is the accompanying letter from his excellency Gov. Poindexter, dated 5th Dec. 1820, to my predecessor in office; in which a pledge of payment is required of this state, in case it should be found in arrears, as the "sine qua non to any further discussion."
My letter to the present Executive of that state, dated the 24th September, 1822, a copy of which, so far as relates to the same subject, accompanies the other papers now laid before you.
The design of this letter was to afford an occasion on his part, on a dispassionate review of the correspondence between our predecessors in office, to recommence it, in a temper that might promise better results to my letter no answer has been received.
I regret that even in a question involving so trivial an amount, that ordinary comity which should characterize the intercourse between sister states, has been so far omitted on the part of the public authorities of Mississippi, as to forbid any further advances on our part, in the same direction at least. I am respectfully, &c.
Ordered, that said communication together with the accompanying documents lie on the table.
A message from the House of Representatives, by Mr. Dodson, their clerk: Mr. President, the House of Representatives have read three times and passed bills which originated in your honorable body of the following titles, to wit: An act to authorize the emancipation of certain slaves therein named; and, An act to prevent the abatement of suits at common law. They have also read three times and passed bills
originating in their House entitled, An act divorcing William Roundtree from Sally Roundtree; An act divorcing Sarah R. Swansey from James N. Swansey; An act divorcing Elizabeth Fields from John Fields; An act to emancipate certain persons therein named; Resolution in relation to unsettled land claims, below the 31st degree of north latitude, and preemption rights; and, An act to repeal part of the ninth section of an act entitled an act to regulate proceedings in chancery suits, passed January 1st, 1823: in which they desire your concurrence.
Mr. Casey, from the special committee to which was referred the petition of sundry citizens of the county of Dallas, praying that the law may be altered so that hereafter the tax-collector shall be elected by the people, reported the following resolution: Resolved, that the judiciary committee be instructed to report a bill giving said election of the tax-collector to the people; which was adopted.
Mr. Crabb, from the committee on county boundaries, to which was referred the petition of sundry persons, reported a bill to be entitled an act to establish a county therein named, and for other purposes; which was read the first time and ordered to be read the second time on tomorrow.
Mr. McVay, from the special committee to which was referred the petition of sundry inhabitants of Florence, reported a bill to be entitled, an act to incorporate the town of Florence; which was read the first time; ordered, that said bill be made the order of the day for a second reading on tomorrow.
Mr. Hopkins, from the judiciary committee, to which was referred the bill to be entitled, an act the more effectually to obtain the testimony of absent witnesses by interrogatories and to remedy the inconvenience of their being called to distant counties for the purpose of giving evidence, reported the same as amended; which was concurred in.
Mr. Powell offered the following amendment to said bill, "Be it further enacted, that packets of interrogatories taken as aforesaid may be sent by mail to any clerk within this state, and that the certificate of the Post-master, or his deputy at the post-office where the same may be deposited for transmission, stating that it was received by him from one of the commissioners setting forth his name, shall be valid to all intents and purposes," which was adopted. Ordered that said bill be engrossed and made the order of the day for a third reading on tomorrow.
Mr. Hopkins from the judiciary committee to which was referred a resolution of the Senate on the subject, made the following report: "Resolved that it is inexpedient so to amend the law as to authorize the courts to try causes at the return terms, unless the defendants will make affidavit of the truth of their pleas." Ordered that the Senate concur in said report.
Mr. Hopkins from the same committee to whom was referred the bill to be entitled, an act to repeal an act entitled an act to establish regular justices' courts in this state, passed 3d of Dec. 1823, reported that said committee had had the same under consideration, and had instructed him to report, that notwithstanding the law proposed to be repealed contains many defects, which require amendment, and in their opinion the whole act is of doubtful policy; yet as sufficient
time may not have elapsed since its passage, to test the prosperity of impropriety of such a law, they think it inexpedient at present to pass the bill. Your committee are conducted to this conclusion from a belief that if the aforesaid law should now be repealed it might from this circumstance be revived in a short time; whereas should it exist long enough to produce a fair and full experiment, if it should then be thought proper to repeal the same, the subject would probably not be brought again before the General Assembly. Mr. Hopkins moved that the report lie on the table, which was lost. Mr. Casey moved that the report lie on the table till tomorrow, which was carried.
Mr. Crabb obtained leave to introduce a bill to be entitled an act to alter and amend an act, passed Dec. 23d, 1823, entitled an act to establish a public road from the house of John Gandy in Morgan county to Baltimore or Morgan's springs in Blount county, which was read the first time. Ordered that said bill be made the order of the day for a second reading on tomorrow.
Mr. McCamy offered the following resolution: Resolved that the judiciary committee be instructed to enquire into the propriety and constitutionality of extending the counties of Jackson and Decatur into the Cherokee nation, for the purpose of giving the said counties their constitutional limits, with leave to report in the way they may think right.
Mr. Powell moved to amend said resolution by adding to the end thereof the words and all other counties similarly situated, and by striking out the words Cherokee nation, and inserting in lieu thereof the words Indian lands, which was determined in the affirmative. The resolution as amended was then adopted.
Mr. McVay presented the account of John W. Byrne for boarding a prisoner, which was referred to the committee on accounts & claims.
On motion of Mr. Hopkins ordered that the judiciary committee be discharged from the further consideration of the resolution instructing them to inquire into the expediency of altering the time of holding the commissioners courts.
Mr. Conner obtained leave to introduce a bill to be entitled an act to provide for the payment of jurors in Blount and St. Clair counties, which was read the first time. Ordered that said bill be made the order of the day for a second reading on tomorrow.
Bills from the house of representatives of the following titles, to wit: an act divorcing Wm. Roundtree from Sally Roundtree; an act divorcing Sarah R. Swansey from James N. Swansey; an act divorcing Elizabeth Fields from John Fields; an act to emancipate certain slaves therein named; an act to repeal part of the ninth section of an act entitled an act to regulate proceedings in chancery suits, passed Jan. 1st 1823; and, resolution in relation to unsettled land claims below the 31st degree of north latitude, and preemption rights, were severally read the first time. Ordered, that said bills be made the order of the day for a second reading on tomorrow.
Mr. President laid before the Senate the following communication from the Secretary of State:
Sir: In compliance with a resolution of the Senate of yesterday, I have the honor to transmit herewith an Abstract of the Census of Al-
abama, taken the current year. I have the honor to be your most obedient servant.
The Hon. Nicholas Davis, President of the Senate.
Ordered, that the said communication, together with the accompanying documents be referred to the committee on the apportionment.
Mr. McCamy obtained leave to introduce a bill to be entitled an act to amend an act to regulate the licensing Physicians to practice, and for other purposes therein named, passed Dec. 23, 1823; which was read the first time and ordered to be read the second time on tomorrow.
A bill from the House of Representatives entitled an act for the relief of Abel Pennington, was read the third time and passed. Ordered, that the Secretary acquaint the House therewith.
A bill to be entitled an act to repeal in part and amend an act entitled an at to authorise David Peobles to continue a toll bridge over the Escambia creek in Conecuh county, was read the second time. Mr. Smith moved to amend said bill by striking out the word five, and inserting in lieu thereof the word fifteen, so as to make the penalty for receiving more toll than is authorized by law, fifteen dollars instead of five. Mr. Hopkins moved that the bill lie on the table, which was lost. The question was then put on Mr. Smith's motion to amend the bill and lost. Mr. Casey offered the following amendment to the said bill, Provided, the consent of the said David Peobles to this act be filed in the clerk's office of the county court in three months from the passage thereof; which was adopted. Ordered, that said bill be made the order of the day for a third reading on tomorrow.
A bill to be entitled an act to amend an act passed at Huntsville on the 17th Dec. 1819, to prevent the frauds and fraudulent combination of speculators and other persons in the sales of the public lands in this state; and an act making bastards capable of inheriting and transmitting inheritance on the part of their mother, were severally read the second time, and Ordered, to be engrossed for a third reading on tomorrow.
A bill to be entitled an act regulating proceedings on penal bonds, was read the second time, and Ordered to be committed to the committee on the judiciary, to consider and report thereon.
A bill to be entitled an act to repeal the third section of an act regulating the fees of Justices, Constables, and Lawyers, passed Dec. 31 1823, so far as the same relates to Justices fees, was read the second time;
Mr. McVay, moved that the further consideration of said bill be indefinitely postponed, which was determined in the affirmative- Yeas 10- Nays 8.
The yeas and nays being desired, those who voted in the affirmative, are
Those who voted in the negative, are
So the bill was indefinitely postponed.
A bill to be entitled an act to give Decatur county an additional election precinct, was read the second time.
Mr. Devereux offered an amendment to said bill providing for the establishing of an election precinct at the house of John E. Sentill, in
Covington county, which was adopted. Ordered that the bill lie on the table.
A bill to be entitled an act to retrench expenses, was read the second time. On motion of Mr. Shackleford, ordered that the bill lie on the table.
A message from the house of representatives by Mr. Dodson, their clerk: Mr. President, the house of representatives concur in the resolution of your honorable body proposing to go into the election, on Saturday Dec. 4th at 3 o'clock P. M. of a Senator to the Congress of the United States, for the term of six years from the 4th of March next, and then he withdrew.
On motion the Senate adjourned till tomorrow morning at 10 o'clock.