Thursday, December 15.  The Senate met pursuant to adjournment.

Mr. Merriwether presented the petition of the trustees of Concord academy in Green county, praying that the said academy may be incorporated; which was read and referred to a special committee to consist of Messrs. Merriwether, Crawford and Gaines to consider and report thereon.

Mr. Merriwether also presented the petition of sundry persons residing near the 16th section, in township 22, range-. from east of the St. Stephens district, praying that the fund arising from the rent for the said 16th section may be applied to the benefit of Concord academy; which was read and referred to the committee on schools and colleges and school and college lands to consider and report thereon.

Mr. Ash, from the special committee to which was referred a petition on the subject, reported a bill to be entitled an act to incorporate the town of Blountsville in the county of Blount, which was read and ordered to be read the second time to-morrow.

Mr. Vanhoose, from the special committee to which was referred the petition of sundry inhabitants of Fayette county, in the behalf of the clerk of the circuit court of said county, reported, that the prayer


62

of the petitioner is unreasonable, and ought not to be granted; which was concurred in.

Mr. Powell, from the joint committee on enrolled bills, reported as correctly enrolled, an act establishing and permanently locating the seat of government of the state of Alabama, pursuant to the 29th section of the 3d article of the Constitution, which was accordingly signed by Mr. President.

Mr. Clay, from the special committee to which was referred a petition on the subject, reported a bill to be entitled, an act to incorporate the school commissioners of the 4th township and 8th range west from Huntsville, an for other purposes; which was read, and ordered to be read the second time to-morrow.

Mr. Powell introduced a bill to be entitled, an act providing for the removal of certain public offices to the town of Tuskaloosa; which was read, and ordered to be read the second time to-morrow.

The question was then put on Mr. Merriwether's motion to reconsider the voted of the Senate, and the passage of the bill, entitled an act to repeal in part an act entitled, an act for the punishment of crimes and misdemeanors, and determined in the affirmative- yeas 12, nays 8.

The yeas and nays being desired, those who voted in the affirmative, are

Mr. President

Brown

Jackson of L.

Powell

Abercrombie

Crawford

McCamy

Miller

Sullivan- 12

Bagby

Gaines

Merriwether

Those who voted in the negative, are

Mr. Ash

Clay

Powell

Skinner

Vanhoose - 8

Casey

Crabb

Jones

The question was then put, “Shall the bill pass?” and determined in the affirmative- yeas 11, nays 9.

The yeas and nays being desired, those who voted in the affirmative, are

Mr. President

Brown

Gaines

Merriwether

Powell

Abercrombie

Crawford

Jackson of L.

Miller

Sullivan

Bagby

Those who voted in the negative, are

Mr. Ash

Clay

Irwin

McCamy

Vanhoose-9

Casey

Crabb

Jones

Skinner

So the bill was passed.  Ordered, That the title be as aforesaid; and the same be sent to the House of Representatives for concurrence.

A bill to be entitled, an act to alter the mode of appointing assessors and collectors, was read the second time.  The question was put, “Shall the bill be engrossed, and made the order of the day for a third reading to morrow?” and determined in the negative.

An engrossed bill to be entitled an act to alter and amend the several laws now in force in this state to suppress the evil practice of duelling was read the third time and passed, yeas 13, nays 7.

The yeas and nays being desired, those who voted in the affirmative, are

Mr. President

Bagby Brown

Crawford

Jackson of L.

Powell

Abercrombie

Clay, Crabb

Gaines Irwin

McCamy

Skinner- 13.

Those who voted in the negative, are

Messrs. Ash

Jones

Miller

Sullivan

Vanhoose- 7.

Casey

Merriwether

So the bill was passed.

Ordered that the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

Engrossed bills of the following titles, to wit: an act to provide against the unnecessary detention of grand juries and for other purposes; An act to provide for reviving actions of trespass; An act to authorise the courts to require securi-


63

ty for costs; and An act to incorporate the trustee of Moulton academy, were severally read the 3d time and passed.  Ordered that the titled of the bills be as aforesaid, and that they be sent to the House of Representatives for concurred.

An engrossed bill to be entitled an act to repeal an act, entitled an act respecting bail in civil cases, was read the third time and passed.  Yeas 12, nays 8.

The yeas and nays being desired, those who voted in the affirmative, are

Mr. President, Ash, Bagby, Brown, Clay, Crabb, Crawford, Gaines, Jackson of L. McCamy, Sullivan, and Vanhoose.  Those who voted in the negative, are

Messrs. Abercrombie, Casey, Irwin, Jones, Merriwether, Miller, Powell and Skinner.  So the bill was passed.  Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled an act to alter the time of holding company courts martial, was read the third time and ordered to lie on the table.

Mr. Bagby offered the following resolution: Resolved, that the judiciary committee be instructed to inquire into the expediency of passing a law to abolish imprisonment for debt, with leave to report by bill or other wise, which was adopted.

Mr. Miller offered the following resolution: Resolved, that the judiciary committee be instructed to inquire into the expediency of amending the criminal law so as to equalize the punishments for the crimes of horse stealing, counterfeiting and forgery, with leave to report by bill or otherwise, which was adopted.

And the Senate adjourned until to-morrow morning 10 o'clock.