Tuesday, Dec. 6, 1825.- The Senate met pursuant to adjournment.

Mr. Vanhoose presented the petition of sundry inhabitants of Marion county, in behalf of the jailer of said county; which was read and referred to the committee on accounts and claims.

Mr. Jackson of L. presented the petition of Wm. Kager and James


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D. Graves, and sundry inhabitants of Lauderdale county in their behalf, praying that the said Kager and Graves may be relieved from the penalties incurred by them, by a violation of the law to prevent gambling; which was read and referred to the committee on the judiciary to consider and report thereon.

Mr. Clay, from the committee on inland navigation, to which was referred a petition on the subject, reported a bill to be entitled an act declaring Big Loss creek a public highway; which was read.  Ordered, That the bill be read the second time to-morrow.

Mr. Crawford, from the judiciary committee, reported a bill to be entitled an act, to provide a speedy remedy against the obligors in injunction bonds; which was read and ordered to be read a second time to-morrow.

Mr. McCamy, from the special committee to whom was referred a bill to be entitled, an act to repeal in part and amend an act to alter the time of appointing overseers of roads, reported the same as amended; which was concurred in.  Mr. Casey moved that the further consideration of the bill be indefinitely postponed, which was carried.

Mr. Jackson, of L. from the special committee to which was referred the memorial to the Congress of the united States, praying further relief to the purchasers of public lands, reported the same as amended; which was concurred in.  Ordered, That the memorial be engrossed for a third reading to-morrow.

A message from the House of Representatives, by Mr. Tunstall their clerk: Mr. President, The House of Representatives have read three times and passed, bills which originated in their House of the following titles: to wit- an act to alter the time of holding the county courts in the county of Morgan; an act for improving the navigation of the port and harbour of Mobile; and an act to prohibit the further granting licenses for gaming tables: in all of which they desire your concurrence.

The three bills mentioned in said message were severally read the first time, and ordered to be read the second time to-morrow.

Mr. Jackson of L. moved to take up the 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.  A call of the House being demanded, the bill, according to a rule of the Senate, was laid on the table for one hour.

A bill to be entitled, an act to repeal an act entitled, an act to regulate the proceedings in chancery suits, was read the second time. Ordered, That the bill be engrossed for a third reading to-morrow.

On motion, Ordered, That the bill to be entitled, an act supplementary to, and amendatory of, the laws relating to executors and administrators, and for other purposes, lie on the table; and that 50 copies thereof be printed for the use of the Senate.

A bill to be entitled, an act the better to secure money in the hands of clerks and sheriffs, was read the 2d time, amended on Mr. Crawford's motion, and ordered to be engrossed for a 3d reading tomorrow.

An engrossed bill to be entitled an act to repeal in part amend an act entitled an act to increase the compensation of jurors, passed December 31st, 1823, was read the third time and passed.


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

A bill to be entitled, an act to appoint a commissioner for the town of Monticello, in the county of Pike, and for other purposes, was read the third time and passed.  Ordered, That the same be returned to the House of Representatives, where it originated.

An engrossed bill to be entitled, an act to repeal an act entitled, an act to abolish the fictitious proceedings in ejectments, and for other purposes, was 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.

Mr. Jones obtained leave to introduce a bill to be entitled, an act to authorize the sale of the 16th section in this state; which was read. Ordered, That the bill be made the order of the day for a second reading to-morrow.

Mr. Casey moved, that the Senate adjourn till to-morrow morning at 10 o'clock; which was lost- yeas 7, nays 13.

The yeas and nays being desired, those who voted in the affirmative, are-Messrs. Abercrombie, Ash, Casey, Irwin, Jackson of Aut. Jones, and Sullivan- 7.

Those who voted in the negative, are- Messrs. President, Brown, Clay, Crabb, Crawford, Gaines, Jackson of Laud. McCamy, Merriwether, Miller, Powell, Skinner, and Vanhoose- 13.

Mr. Jackson of Laud. called up the bill to be entitled, an act to repeal an act appropriating the fines and forfeitures accruing in Madison county, to the benefit of Green Academy.  Ordered, That it be engrossed for a third reading to-morrow.

Mr. Jackson of L. moved to take up the 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; which was carried- yeas 11 nays 10.

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

Mr. President

Clay, Crabb

Gaines

McCamy

Powell

Brown

Crawford

Jackson of L.

Merriwether

Vanhoose- 11.

Those who voted in the negative, are

Messrs. Ash

Bagby

Irwin

Jones

Skinner

Abercrombie

Casey

Jackson of a.

Miller

Sullivan- 10.

So the bill was taken up.

Mr. Jackson of L. then renewed his motion to fill the blanks in the bill, wherever they occur, with the word “Tuscaloosa,” so as to fix the seat of government at that place; which was carried- yeas 11, nays 10

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

Mr. President

Clay, Crabb

Gaines

McCamy

Powell

Brown

Crawford

Jackson of L.

Merriwether

Vanhoose-11.

Those who voted in the negative, are

Messrs. Ash

Bagby

Irwin

Jones

Skinner

Abercrombie

Casey

Jackson of a.

Miller

Sullivan-10

Mr. Casey again moved that the Senate adjourn until to-morrow morning at 10 o'clock; which was lost- yeas 8, nays 13.

The yeas and nays being desired on the motion to adjourn, those who voted in the affirmative, are Messrs. Abercrombie, Ash, Bagby, Casey, Irwin, Jones, Miller, Sullivan- 8.  Those who voted in the negative, are Messrs. President, Brown, Clay, Crabb, Crawford, Gaines, Jackson of A. Jackson of L. McCamy, Merriwether, Powell, Skinner, Vanhoose- 13.


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The question was then put, shall the bill pass? and determined affirmative- yeas 11, nays 10.

The yeas and nays being desired, those who voted in the affirmative, are-Messrs. President, Brown, Clay, Crabb, Crawford, Gaines, Jackson of L. McCamy, Merriwether, Powell, Vanhoose- 11.

Those who voted in the negative, are- Messrs. Ash, Abercrombie, Bagby, Casey, Irwin, Jackson of A. Jones, Miller, Skinner, Sullivan-10.

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

Mr. Brown offered the following resolution: whereas, a law passed on the 31st day of December, 1822, entitled an act, to revise, consolidate and amend the several acts relative to the militia of this state which act does not contain a repealing clause; and whereas, doubts exist, with the militia officers of this state, whether the laws, passed previous to the 31st December, 1822, are, or are not, repealed:- Be it therefore, resolved, That the military committee be instructed to inquire into the expediency of making some alteration in the militia laws of this state, with leave to report, especially on that subject, by bill or otherwise; which was adopted.

Mr. Bagby from the special committee to which was referred the memorial of John Wood, made the following report; The special committee to which was referred the memorial of John wood, praying a reconsideration of the proceedings in the contested election between him and John Brown, the member returned to the Senate from Jefferson county, and that the same may remain open, and be postponed for the purpose of allowing him time to take testimony in legal form, beg leave to submit the following report; That upon the return of the sheriff of Jefferson county, it appears that the said John Brown is the person duly elected a Senator for that county; that neither the constitution of the state, nor any law made in pursuance thereof, authorize the Senate to go beyond the return of the sheriff in the investigation of a contested election.  Your committee are further of opinion, that whether the Senate be considered as a legislative tribunal, or as a court of law, proceeding in cases of contested elections, they must be bound in the first point of view by the rules adopted for the government of their proceedings, and in the second by established law only.  With respect to the point of view in which the Senate have been considered as a court of equity, as suggested by the memorial, your committee are of opinion, that, admitting the correctness of that view, they are as much limited and bound in their proceedings by strict rules as they would be acting as a merely legal tribunal, and that an undefined and unlimited latitude of action, would be no more allowed them than to ordinary courts of equity.  Since then they find that the prayer of the memorialist is not authorized by any rule of law or equity, and contrary to the rules adopted for the government of the Senate, they have found no difficulty in coming to the conclusion, that the Senate, they have found no difficulty in coming to the conclusion, that the Senate can take no further cognizance of the contest.  To these considerations may be added the fact, that the committee of privileges and elections have made a report in this case adverse to the former claim of the memorialist, and in favour of the person returned; which report has been adopted by the Senate.  Your committee feel as deeply as it can be felt, the value of the elective franchise; and if in this case the fact really be, that the memorialist was fairly elected, they feel as deeply the regret arising out of the insuperable obstacles which prevent the memorialist from enjoying his right.  But, inasmuch as your com'tee can believe that the value of this inestimable privilege is better secured by an adherence to such rules as are clear and indisputable, than by the adoption of new rules for particular cases, they recommend to the Senate the adoption of the following resolution: Resolved, That the prayer of the memorialist is unreasonable, and contrary to law, and ought not to be granted.

(Signed)                                   A.P. BAGBY, Chairman.

 


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Mr. Bagby moved that the Senate concur in said report, which was carried- yeas 13-nays 7.

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

Mr. President

Clay

Irwin

Merriwether

Vanhoose- 13

Abercrombie

Crabb

Jackson of L.

Powell

Bagby

Crawford

Jones

Skinner

Those who voted in the negative, are

Messrs. Ash

Gaines

McCamy

Miller

Sullivan- 7.

Casey

Jackson of A.

So the report was agreed to.

And then the Senate adjourned till tomorrow morning 10 o'clock.