Monday, December 5, 1825.

The Senate met pursuant to adjournment.

Mr. Jackson, of Aut. presented the petition of the trustees of the Coosa Academy, praying an act of incorporation; and that the representatives of the late William W. Bibb may be authorized to convey to them certain real estate.- which was read, and referred to a special committee, consisting of Messrs. Jackson of Aut. Crawford, and Abercrombie.

Mr. Crawford, from the judiciary committee, reported bills of the following titles: to wit- a bill to be entitled an act to repeal an act entitled, an act to regulate proceedings in chancery suits; and an act the better to secure money in the hands of clerks and sheriffs; both of which were severally read the first time, and ordered to be read the second time to-morrow.

Mr. Crawford, from the same committee, also, reported a bill to be entitled an act, to repeal in part an act entitled an act, for the punishment of crimes and misdemeanors; which was read the first time, and ordered to be read the second time on Wednesday next.

Mr. Clay introduced a bill to be entitled, an act supplementary to, and amendatory of, the laws relating to executors and administrators, and for other purposes, which was read the first time, and ordered to be read the second time to-morrow.

Mr. McCamy, from the special committee to which was referred the bill to be entitled, an act to repeal in part and amend in part, an act restricting officers from taking commissioners on cost collected by them on executions, passed 31st December, 1823, reported the same without amendment.  The bill was then read the third time and passed.  Ordered, That the title of the bill be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

The following communication was received from the governor, by J. I. Thornton, sq. Secretary of State.

To the Honorable the President, and Members of the Senate.

The enclosed Letter from the Representatives of the town and county of Mobile, may be regarded as the immediate cause of this special communication; but the great importance of the subject itself, connected as it is supposed to be with the present and permanent interest of the state, and no less in unison with every principle of our nature which delights to ensure happiness, and relieve distress, gives it a high claim to particular attention, and would render an apology not only unnecessary, but offensive.  During the last season, our commercial emporium was severely afflicted by those malignant diseases to which southern seaports are so peculiarly exposed.  The distressed, the sufferings, the anxieties and confusion which suspended the ordinary hopes and engagements of men, - those only can realize, who have witnessed in similar circumstances, the ravages of mortal disease.  The distressing situation of the city of Mobile was greatly relieved by a place of more healthy resort in the vicinity, to which almost all the inhabitants removed who were in condition to make removal, or who had not fallen victims to the early and insidious progress of the prevailing malady.


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In this place their hopes of security were more than justified, under circumstances of deficient accommodation, and destitute of those comforts which more mature arrangement might have provided.  It is my present purpose to invite the attention of the General Assembly to this place, and to the interests of Mobile, and of the state, which are supposed to be connected with it.  Our southern seaports cannot expect to be free from the occasional, and perhaps frequent recurrence of yellow-fever; and even when this malignant disease does not appear, those of a milder type may be constantly expected, and occasion losses severely felt by society.  The great desideratum, therefore, is a place of health sufficiently near to the centre of business, and in which the confidence of the population may be safely reposed.  It is every gratifying to believe that the vicinity of Mobile affords such a situation; and this belief is sustained by the experience of several years, especially the present, by the natural appearance of the country, and the report of the oldest inhabitants.  It is well worthy of consideration what important effects may be made to result from this suspicious circumstance.  It is supposed that it will afford a reasonable security against the most appalling disease to which the human constitution is subject.  That it will increase the population of our commercial city, and with its population increase its business and resources; that it will locate and fix capital, as those who find it their interest to the business in the place will be inclined to form permanent establishment for the sake of convenience, when they find they can do so with safety to themselves and their families; that it will benefit the people in the interior of the State, as their necessary intercourse with the city will be less interrupted by the absence of men engaged in the transactions of commerce; that it will provide for institutions of learning, so much to be cultivated in our large commercial cities --  a situation in which their progress will not be interrupted; that such part of the population as may be engaged in mechanical employments may be enabled to pursue their useful and industrious professions to almost equal advantage at all seasons of the year; that it will be a suitable place, on account of its health, and near vicinity to the city, for the site of hospitals and other charitable foundations;- to secure these and other advantages which will be readily perceived, I beg leave very respectfully to recommend to the General Assembly to aid the corporate authority of the city of Mobile, to obtain from the United States four contiguous sections of land, at Spring-Hill, or a quantity equal to four sections, at the discretion of the corporation, on which to build a summer town, or place of retreat for health.  It is likely that four sections would not be more than sufficient, in order that the town should not be built too compactly for health, that nuisances might be kept at a greater distance, and the natural healthiness of the place be improved by artificial means.  To accomplish these objects, a new and suffering city may require aid from the Treasury of the State; the advance to be reimbursed at such time, and in such manner, as the wisdom of the General Assembly may direct.  I would also seem expedient to address a Memorial to the Congress of the United States, for the acquisition of the land at a fair price.  The land is no in market; no conjecture can be formed when it will be offered for sale, and the wants of the city are immediate.  A matter so important in a general point of view, ought not to be left to the uncertainty of individual enterprise, where there will be neither unity in the design, or concert in the execution.  Most southern cities are precluded, by their localities, form the prosecution of such a plan.  Our situation is more fortunate; and a systematic attention to every thing which may promote the prosperity of our commercial city, will be found to contribute largely to the general interest. 

Very respectfully submitted,

JOHN MURPHY.

Ordered, That the communication and accompanying document be referred to a special committee, consisting of Messrs. Crawford, Gaines, and Bagby.


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The Senate resumed the consideration of the memorial of John Wood.

Mr. Bagby moved to amend the motion of Mr. Sullivan to refer the memorial to a special committee, by adding the words “with instructions to report to this House by 11 o'clock to-morrow;” which was carried.

The question was then put on the motion to refer the memorial to a special committee; and determined in the affirmative - yeas 11, nays 9.

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

Messrs. Ash

Casey, Crabb

Irwin

McCamy

Skinner

Bagby

Gaines

Jackson of A.

Miller

Sullivan- 11

Those who voted in the negative, are

Mr. President

Clay

Jackson of L.

Merriwether

Vanhoose- 9.

Abercrombie

Crawford

Jones

Powell

Whereupon, Messrs. Bagby, Casey and Powell were appointed the committee.

Mr. McCamy offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into the expediency of abolishing the office of county treasurer, and to make the county clerk do the duties of that office, and to pay all claims against the treasury in the way they may stand audited in their office, with leave to report by bill or otherwise; which was adopted.

An engrossed bill to be entitled an act, to alter the lines of Madison and Jackson counties, was read the third time and passed.  Ordered, that the title of the bill be as aforesaid and that the same b sent to the House of Representatives for concurrence.

Mr. Bagby moved that the engrossed bill to be entitled 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, lie on the table; which was lost- yeas 9, nays 12.

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

Messrs. Ash

Bagby

Irwin

Jones

Sullivan- 9.

Abercrombie

Casey

Jackson of A.

Miller

Those who voted in the negative, are

Mr. President

Crabb

Jackson of L.

Merriwether

Skinner

Brown

Crawford

McCamy

Powell

Vanhoose- 12.

Clay

Gaines

Mr. Bagby then moved that the Senate adjourn until to-morrow morning, 10 o'clock; which was lost- yeas 9, nays 12.

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

Messrs. Ash

Bagby

Irwin

Jones

Sullivan- 9

Abercrombie

Casey

Jackson of A.

Miller

Those who voted in the negative, are

Mr. President

Crabb

Jackson of L.

Merriwether

Skinner

Brown

Crawford

McCamy

Powell

Vanhoose- 12.

Clay

Gaines

The bill was then read the third time.

Mr. Jackson of L. moved to fill the blank in the bill with “Tuscaloosa,” so as to fix the seat of government at the place.

Mr. Bagby moved that the bill lie on the table till Wednesday next; which was lost- yeas 10, nays 11.

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

Mr. Ash

Bagby

Irwin

Jones

Skinner

Abercrombie

Casey

Jackson of A.

Miller

Sullivan- 10.

 


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Those who voted in the negative, are

Mr. President

Clay, Crabb

Gaines

McCamy

Powell

Brown

Crawford

Jackson of L.

Merriwether

Vanhoose- 11

Mr. Bagby then moved that the bill lie on the table till to-morrow; which was carried- yeas 11, nays 10.

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

Messrs. Ash

Bagby, Casey

Irwin

Jones

Skinner

Abercrombie

Gaines

Jackson of A.

Miller

Sullivan- 11.

Those who voted in the negative, are

Mr. President

Clay

Crawford

McCamy

Powell

Brown

Crabb

Jackson of L.

Merriwether

Vanhoose-10.

So the bill was laid on the table till to-morrow.

An engrossed bill to be entitled an act, for the relief of Hiram Shortridge, was read the third time and passed- yeas 14, nays 6.

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

Mr. President

Clay

Jackson of L.

Miller

Sullivan

Abercrombie

Crabb

McCamy

Powell

Vanhoose-14.

Brown

Gaines

Merriwether

Skinner

Those who voted in the negative, are,

Messrs. Ash, Bagby, Casey, Crawford, Irwin, Jones- 6.  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.

A bill to be entitled an act to repeal an act, entitled an act, to abolish the fictitious proceedings in ejectment, and for other purposes, was read the second time and ordered to be engrossed for a third reading to-morrow.

Bills, from the Houses of Representatives, entitled an act, regulating the mode of summoning jurors for Greene county, and an act, authorizing the county court of Limestone county to make certain allowances therein named, were severally read a third time and passed. Ordered, That they be returned to the House of Representatives.

A bill to be entitled an act, to repeal in part and amend an act, to alter the time of appointing overseers of roads, was read the second time and referred to a special committee, consisting of Messrs. McCamy, Clay and Jones, to consider and report thereupon.

A bill to be entitled an act, to appoint a commissioners for the town of Monticello, in the county of Pike, and for other purposes, was read the second time and ordered to be read the third time to-morrow.

A bill to be entitled an act, to repeal in part and amend an act, entitled an act, to increase the compensation of jurors, passed, 31st December, 1823, was read the second time and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled an act, to repeal an act appropriating the monies arising from fines and forfeitures, in Madison county, to green Academy, was read the second time.  On motion of Mr. Jackson of L.  Ordered, that the bill lie on the table; and then the Senate adjourned till to-morrow morning at 10 o'clock.