Saturday, December 1.

The House met pursuant to adjournment.

Mr. Smith presented two petitions from the inhabitants of Blount county, one praying a law to compel the county


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court of said county of levy a tax for the public buildings of said county, and the other praying the passage of a law for the election of commissioners to fix on the seat of Justice for said county; which were received, and referred to the committee of propositions and grievances.

Mr. Perry from the committee on enrolled bills, reported that the committee had examined bills of the following titles, to wit: an act to establish additional election precinct in certain counties therein named, and for other purposes; an act to authorize William Crawford and company of Franklin county, to build a mill and other water works on the Tennessee river, and for other purposes; an act for the relief of John Bishop; and, an act to incorporate the town of Sparta, and for other purposes; and find the same truly enrolled.

Mr. Fleming from the committee on roads, bridges and ferries to whom were referred sundry resolutions and petitions concerning roads, reported a bill to be entitled, an act to repeal in part and amend an act entitled an act to reduce into one the several acts concerning roads, bridges and highways; which was read a first time, and Ordered to be read a second time on Monday next.

Mr. Magoffin offered the following resolution:

Whereas, the present mode of issuing subpoenas in criminal cases in attended with unnecessary inconvenience and expense to the citizens of this state, Therefore,

Be it resolved, That the judiciary committee be instructed to inquire into the expediency of fixing by law, a day in every term of the courts having jurisdiction thereof for the trial of criminal causes; which was adopted.

Mr. Armstrong from the Military committee to whom were referred sundry bills, and the report of the Adjutant General, reported the following bill: A bill to be entitled, an act to alter and amend the several acts now in force organizing the militia of this state; which was read a first time; and Ordered to be read a second time on Monday next.

A bill to be entitled, an act respecting rents; was read a third time. Mr. Craig offered the following amendment by way of rider:

And be it further enacted, That all laws on the subject of rents heretofore in force in this State be, and the same are hereby, repealed --- which was adopted. And on the question shall this bill pass? It was decided in the affirmative. Yeas 37 --- Nays 12.


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The Yeas and Nays being required, those who voted in the affirmative are,

Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Beene, Brown, Carr, Clay, Crenshaw, Dabney, Davis, Elmore, Fitzpatrick, Fleming, Hardwicke, Holderness, Hopkins, Jones, Kennedy, King, Leake, Montgomery, Magoffin, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Perry, Smith, Thompson, Vining, Williams, Williamson.

Those who voted in the negative are,

Messrs. Bagby, Craig, Dale, Edmondson, Greening, Graham, Pickett, Murrell, Powell, Philpott, Parham, Tagert.

A message from the Senate by Mr. Davis, informing this House, that the Senate had passed the following resolution:

Resolved, That the presence of Messrs, Armstrong, of Mobile, and Montgomery, of Baldwin, be requested before the committee of privileges and elections of this House, forthwith about to sit in relation to the election of Samuel Haines, Esq. as Senator from Baldwin --- in which they desire the concurrence of this House.

On motion of Mr. Powell, Resolved, That a committee be appointed to examine into the accounts and vouchers of the late treasurer, and likewise the present condition of the treasury.

Whereupon, Messrs. Powell, Norwood and Magoffin, were appointed said committee.

The House resolved itself into a committee of the whole house, Mr. Greening, in the chair, on the bill to be entitled an act to authorize Elisha Thomas and Davis Gurley, and their associates, to turnpike a certain road therein named; and after sometime spent therein, the committee rose, and Mr. Greening reported the bill as amended. Ordered, That the House concur in said report. Ordered, That the said bill be engrossed for a third reading on Monday.

A message was received from the Senate by Mr. Lyon, informing this House, that they had read a third time, and passed, An act incorporate the Murder Creek Navigation Company, and had amended the same.

An act supplementary to an act for the collection of monies due the State, and for other purposes, passed December 16, 1820.

An act to allow compensation to William Dunn for examing the Black Warrior river above the town of Tuskaloosa; and,

An act appointing commissioners to lay out a certain road therein designated, which they have also amended; all of which originated in this House, and in which amendments they desire the concurrence of this House.


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Also, that they had read the third time and passed, an act in relation to the Spanish records in the county of Mobile.

An act to incorporate the town of Demopolis, in Marengo county.

A memorial to the Congress of the United States praying that the restriction imposes by the act of Congress for our admission, exempting lands of the United States from taxation for five years, sold after the passage of said act, should be removed; and

Resolutions making it the duty of Harry Toulmin, and of the Judges of the Supreme and Circuit Courts of this State, to report to the General Assembly any defects of imperfections which may exist in the statutes of this State --- In all of which they desire your concurrence.

Ordered, That the House concur in the amendment made by the Senate to the following bills, to wit:

An act to incorporate the Murder Creek Navigation Company; and

An act appointing commissioners to lay out a certain road therein designated.

Bills from the Senate of the following titles, to wit:

An act in relation to Spanish records in the county of Mobile; and

An act to incorporate the town of Demopolis in Marengo county --- were read a first time, and Ordered to be read a second time on Monday next.

Mr. Perry, obtained leave to introduce a bill to be entitled an act to legitimate a certain person therein named, and for other purposes --- which was read a first time, and Ordered, for a second reading on Monday next.

On motion of Mr. Bagby the following resolution was adopted.

Whereas doubts exist on the minds of the members of this House, touching the constitutionality of the election of William Dunn, Esq. in the office of Jude of the County Court of Blount County, inasmuch as Maston Meade, Esq. was first declared by the Speaker of the House of Representatives duly elected to fill that office:

Be it therefore resolved, That a message be sent to the Senate informing them of said doubt, and requesting them to convene in the Representatives chamber this day at 4 o'clock, for the purpose of holding said election.

Whereupon, Messrs. Armstrong and Bagby were appointed to convey said resolution to the Senate.


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Mr. Graham obtained leave to introduce a bill to be entitled, an act declaring the Conecuh and Sepulgah rivers navigable streams; which was read a first time; and Ordered, to be read a second time on Monday next.

A communication in writing was received from His Excellency, by Mr. Pleasants, secretary of state; which communication with the accompanying documents were read, and referred to a select committee consisting of Messrs. Moore, Bagby, Craig, Armstrong, and Williamson.

Ordered, that one hundred copies of said communication and documents be printed.

Mr. Armstrong presented the petition of sundry inhabitants of Blount county, recommending Maston Meade as a fit person to be appointed to fill the office of Judge of the county court of Blount county.

Mr. Allen moved, that said petition lie on the table; which was lost --- yeas 4, nays 45.

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

Messrs. Allen, Davis, Miller, McHenry --- 4.

Those who voted in the negative, are

Mr. Speaker, Anderson, Armstrong, Ayers, Bagby, Barclay, Beene, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Duckworth, Edmondson, Fitzpatrick, Fleming, Greening, Graham, Hardwicke, Holderness, Hopkins, Jones, Kennedy, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Moore, Morton, Martin, Norwood, Powell, Philpott, Perry, Parham, Skinner, Tagert, Thompson, Vinning, Weedon, Williams, Wiliamson --- 45.

The petition was then withdrawn.

Resolutions making it the duty of Harry Toulmin, and of the judges of the supreme and circuit courts of this state, to report to the General Assembly any defects of imperfections which may exist in the statute laws of this state, were read a first time; and Ordered to be read a second time on Monday next.

The House, then, adjourned till three o'clock.

Evening Session.

Bills of the following titles, to wit: an act to regulate the mode of issuing grants and patents in this state; an act legalizing the sales of certain lots & land therein named; an act to establish an academy in the town of Sparta, and for other purposes; an act to establish a public road therein amend, and for other purposes; an act to appoint commissioners to lay out certain roads therein specified, and for other purposes; an act for the punishment of certain offences therein named; were severally read a second time, and the five first,


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Ordered, to be engrossed for a third reading on Monday next, and the latter referred to the judiciary committee.

Resolutions authorizing His Excellency the Governor to correspond with the President of the United States upon the subject of certain cessions of territory from the Creek and Cherokee Indians, were read a second time, and Ordered to be engrossed for third reading on Monday next.

A bill to be entitled, an act for the relief of securities, was read a second time, and referred to the judiciary committee.

Mr. Kennedy offered the following resolution:

By a law passed on the 20th December, 1820, judgment and execution can only be obtained against lands purchases of the United States (on which but the first instalment has been paid) through a court of chancery, the jurisdiction of which belongs at present to the circuit courts of the state of Alabama; Therefore, be it Resolved, That the judiciary committee be instructed to inquire into the expediency of authorizing by law, the clerks of the circuit courts to keep the records of such lands, as come within the provisions of the before recited act; also, into the propriety of obliging by law the treasurers of the several counties of this state, to reside at the court houses of the same; which resolution was adopted.

A bill from the Senate to be entitled, an act to authorize Leonard Abercombie to emancipate certain salves therein named, was read a second time.

Mr. Williamson moved to amen said bill by striking out the following words: "And that he shall remove said slaves out of this state; provided, that if any of the persons emancipated by this act shall return into this state and remain as residents of their own accord, such person or persons shall be considered to be in the same state of slavery, as if this act had never passed;" which motion was carried; Ordered, that said bill be read a third time on Monday next.

Mr. Graham obtained leave to introduce a bill to be entitled an act to authorize the Judge of the county court and the commissioners of the road and revenue of Butler county to leave an extra tax --- which was read a first time, and Ordered to be read a second time on Monday next.

A bill to be entitled an act to amend an act to incorporate the Indian creek navigation company, was read at third time and passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate.


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A memorial from the Senate, to the Congress of the United States, praying that the restriction imposed by the act of Congress for our admission, exempting lands of the United States from taxation for five years, sold after the passage of said act, shall be removed --- was read a first time, and, Ordered to be read a second time on Monday next.

The following bill, and Resolutions from the Senate, to wit: An act to establish the seat of justice for Blount county. And, Resolutions to request our Senators and Representative in Congress to use their exertions to procure an appropriation for treating with the Creek and other nations of Indians, relative to the cession of certain parts of their territory --- were read a second time, and Ordered to be read a third time on Monday next.

Bills from the Senate of the following titles, to wit:

An act relating to Justices of the Peace, and,

An act in relation to the Banking institutions of this State --- were read a second time; and the first committed to a committee of the whole House, and made the order of the day for Monday next: and the latter referred to the Judiciary committee.

A bill to be entitled an act to establish a board of improvement, was read a second time, and Ordered to be committed to a committee of the whole House, and made the order of the day for Monday next.

The House then adjourned till Monday morning 10 o'clock.