Friday, December14.

Mr. Perry from the committee on enrolled bills reported, that the committee had examined bills of the following titles, to wit:


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An act supplementary to an act entitled an act for the relief of securities;

An act expressing the gratitude of the State of Alabama, for the services rendered by Samuel Dale to this State;

An act to apportion the Representatives among the several counties of this state, and to divide the same into Senatorial districts according to the late census, at a ration of 1730 for the Representative branch; all of which they find truly enrolled.

An engrossed bill to be entitled, an act prescribing the manner of changing the venue in criminal cases, and for other purposes, was read a third time and passed. Ordered, that the words "a bill to be entitled" be stricken out. Ordered, that the same be sent to the Senate for their concurrence.

A message was received from the Senate, by Mr. Lyon, their secretary, informing this House, that they had read a third time and passed a bill to be entitled, an act expressing, the gratitude of the state of Alabama, for the services rendered by Samuel Dale to this state; which originated in this House. Also, that they had read a third time and passed a bill to be entitled, an act concerning writs and executions; in which they desire the concurrence of this House.

Mr. Crenshaw from the judiciary committee to whom was referred a resolution of this House directing them to inquire whether the judges of the supreme court have reduced their opinions to writing, and filed them in the clerk's office as required by law, made the following report:

The judiciary committee to whom was referred a resolution of the House, directing them to inquire whether the judges of the supreme court have reduced their opinions to writing, an filed them in the clerk's office of said court, respectfully report, that they have made the inquiry and find that the judges have not filed their opinions in writing as required by law. But as an apology for the non-performance of this part of their official duty, your committee would state, that so many duties necessarily devolved upon the judges arising from the new organization of the judicial system, and from the unsettled state of the law in this country, that it has been an arduous task on them to perform those duties which were the more immediately essential to the administration of justice. Your committee are also informed,


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that shortly after the organization of the supreme court, a number of the decisions of he judges, and without their approbation, were published by some person in a mutilated form, which had tendency to give the community incorrect legal information. Your committee are satisfied, that the judges will hereafter reduce their opinions to writing, and file them with the clerk, as well in cases already decided, as in those which may be hereafter adjudicated. Your committee are, therefore, of opinion, and recommend, that it is inexpedient as present, to take any further measures on the subject.

W. CRENSHAW, Chair.

Ordered, That the House concur in said report.

The House took, into consideration a bill to be entitled an act supplementary to an act to establish a state University, which bill was on its second reading.

Mr. Moore moved to strike out the 14th section of said bill, which was decided in the negative --- ayes 22, nays 26.

The ayes and nays being called for, those who voted in the affirmative are, ---

Messrs. Anderson, Armstrong, Beene, Clay, Davis, Edmondson, Fleming, Holderness, King, Leake, Montgomery, Magoffin, Miller, Moore, McHenry, Powell, Philpott, Skinner, Smith, Vining, Weedon, Williams --- 22.

Those who voted in the negative, are

Mr. Speaker, Allen, Ayers, Barclay, Brown, Carr, Craig, Duckworth, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Jones, Kennedy, Murrell, Masterson, Morton, Martin, Norwood, Pickett, Perry, Parham, Tagert, Thompson, Williamson --- 26.

Ordered, that said bill be engrossed for a third reading to morrow.

A bill to be entitled, an act to authorize the judge of the county court, and commissioners of the roads and revenue, of Butler county, to levy an extra tax, for building a court house and jail, and for other purposes, was read a third time and passed. Ordered, that the words "a bill to be entitled "be stricken out, Ordered, that said bill be sent to the Senate for their concurrence.

Mr. Craig offered the following protest on behalf of himself and others whose names are thereto subscribed:

We the undersigned exercising the right guaranteed to each member of the legislature, by the constitution of this state, PROTEST most solemnly against the voted given by the majority of this House, on the 5th instant on the motion to strike out the first section of the bill to be entitled, an act

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to raise a revenue for the support of government for the year 1822, which runs in the following words: "That all lands in this state subject to taxation, shall belong to one class, the first quality of which shall be rated at eight dollars per acre; the second quality, at six dollars per acre; the third quality, at four dollars per acre; and the fourth quality, at two dollars per acre; and the owner or person subject to pay taxes for the same, shall, when he or she give in a list of his or her lands, state on oath, to which quality his or her lands belong." And we assign, therefore, the following reasons.

First, We believe that all public burthens, to be just, ought to be equal. Inasmuch then, as the tax imposed by the section aforesaid, on land, will be paid by not more than one half of the landholders in this State, we deem it unjust, & ought not to be submitted to, by men claiming equal rights.

Secondly, Because we believe the mode of taxing land, as provided by said section, is unconstitutional. That instrument declares, that "all lands liable to taxation in this State, shall be taxed in proportion to their value." It would therefore require something more than human ingenuity, or sophistical reasoning to convince us, that there are no lands within the State of Alabama subject to taxation, worth more than eight dolls. nor none worth less than two dolls. per acre.

Thirdly, Because we believe it calculated to exonerate the rich from paying a land tax in proportion to the intrinsic value of their lands; and cause the poor to pay more than a fair proportion on the poorest lands.

Fourthly, Because, we believe it improper to compel the good citizens of this State, to swear to the value of their lands, which we conceive the aforesaid section virtually requires them to do.

John Craig,

H.A. Anderson,

Wm. Edmondson,

Who does not object to placing lands in qualities, but believe that the section does not give a fair proportion of the value of lands. With the above reasons we sign the protest.

Benj. Murrell,

G. Masterson,

Quin Morton,

Who believe the first reason all sufficient to ground a protest on.


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On motion of Mr. Armstrong, the House took into consideration a bill to be entitled an act to reduce the expenses of the General assembly; which was read a second time.

Mr. Morton moved, that the further consideration of the said bill be indefinitely postponed; which was decided in the affirmative. Ayes 24 --- Nays 22.

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

Messrs. Allen, Ayers, Beene, Carr, Craig, Davis, Duckworth, Edmondson, Evans, Elmore, Fleming, Graham, Montgomery, Murrell, Miller, Morton, McHenry, Pickett, Parham, Skinner, Smith, Tagert, Thompson, Williamson.

Those who voted in the negative, are

Mr. Speaker, Anderson, Armstrong, Barclay, Brown, Clay, Hardwicke, Holderness, Jones, Kennedy, King, Leake, Magoffin, Masterson, Moore, Martin, Norwood, Powell, Philpott, Vining, Weedon, Williams.

A bill from the Senate to be entitled an act concerning writs and executions, was read a first time, and Ordered to be read a second time tomorrow.

The following communication was received from His Excellency, by Mr. Pleasants, Secretary of State:

Executive Department, Cahawba, Dec. 14, 1821.

Gentlemen of the House of Representatives,

In compliance with your resolution, requesting such information as I may possess, "in regard to the loan authorized to be obtained from one of the specie paying banks of this State," I have to observe, that on the passage of the act authorizing the loan, a copy thereof was transmitted to the President and directors of the Bank at St. Stephens, with a proposition for obtaining the loan therein authorized from that institution. No information is yet received on the result of that application.

Sometime previously to the passage of the act, I had written to the Cashier of that bank, requesting him to make known to the directors, the probability of such loan being authorized, with the view, that an application might not be unexpected, and that the subject might be considered of.

I have understood from several directors, that in the consideration, the matter thus inofficially and informally communicated, the requisite majority of three fourths of the board present, were not favourable to the loan. This reluctance on the part of a small portion of the directors is not believe to be owing to any indisposition to accommo-


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date the State (although a similar determination was made by the same institution, nearly two years ago,) but that in this instance, it has been owing to a misimpression prevailing in regard to a supposed failure to repay a former Bank loan, by the State, after it had been urgently requested; and also, to a want of full knowledge of the measures in progress at this session, calculated to reinstate the credit of the treasury and inspire confidence in the public engagements of the State.

These measures being matures, and the truth being know, that the good faith of the State has never in one instance been violated, I have no doubt of any Bank in the State paying specie, being indisposed to make the necessary loan.

I am particularly encouraged to believe, that should an arrangement be authorized for aiding the credit of a small issue treasury notes, not exceeding double the amount authorized to be loaned, such arrangement would be very cordially embraced by any of the banks. And in that case, it is thought proper to propose such arrangement with each of the specie paying banks.

Mr. Weedon moved, that a committee be appointed, to examine the journals of this House in relation to the election of a judge of the county court of Blount county, and report to this House, if any, as what error is in that part of the journal; which was decided in the negative --- ayes 14, nays 33.

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

Mr. Speaker, Allen, Ayers, Beene, Craig, Dabney, Davs, Duckworth, Graham, McHenry, Thompson, Weedon, Williams, Williamson --- 14.

Those who voted in the negative, are

Messrs. Anderson, Armstrong, Bagby, Barclay, Brown, Carr, Clay, Edmondson, Evans, Elmore, Fleming, Hardwicke, Holderness, Jones, Kennedy, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Miller, Moore, Morton, Martin, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Smith, Vining --- 33.

The House then took into consideration the resolution, proposing amendments to the constitution; which were read a second time and ordered to lie on the table.

The House resolved itself into a committee of the whole House, on the bill to be entitled, an act to define the duties of sheriffs, constables and justices of the peace, in this state,


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and to regulate the fees of certain officers therein named, Mr. Magoffin in the chair, and after sometime spent therein, the committee rose, and Mr. Magoffin reported the bill as amended.

Mr. Williamson moved that the further consideration of said bill be indefinitely postponed; which was decided in the negative --- ayes 20, nays 25.

The ayes and nays being called for, those who voted in the affirmative, are

Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Brown, Carr, Evans, Elmore, Fleming, Greening, Graham, Kennedy, Morton, Norwood, Pickett, Powell, Perry, Smith.

Those who voted in the negative, are

Messrs. Anderson, Barclay, Beene, Clay, Craig, Davis, Edmondson, Hardwicke, Holderness, Jones, Leake, Montgomery, Magoffin, Murrell, Masterson, Miller, Moore, Martin, McHenry, Philpott, Skinner, Thompson, Vining, Weedon, Williams.

A message was received from the Senate by Mr. Lyon, their secretary, informing this House, that they had read a third time and passed, a bill originating in this House, to be entitled an act to apportion the representatives among the several counties of this state, and to divide the state into senatorial districts, according to the late census, at a ration of 1730 for the representative branch; to which they have made sundry amendments, in which they desire the concurrence of this House.

The questing being taken on concurring with the amendment made by the Senate to the said bill, in striking out in the 7th line of the 1st section, after the word "Conecuh, "the word "two," and inserting in lieu thereof the word "three;" it was decided in the affirmative --- ayes 25, nays 20.

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

Mr. Speaker, Anderson, Armstrong, Ayers, Bagby, Barclay, Beene, Brown, Carr, Craig, Edmondson, Evans, Elmore, Greening, Graham, Jones, Kennedy, Montgomery, Magoffin, Masterson, Martin, Norwood, Pickett, Thompson, Williamson.

Those who voted in the negative, are

Messrs. Allen, Clay, Davis, Fleming, Hardwicke, Holderness, Leake, Murrell, Miller, Moore, Morton, McHenry, Powell, Philpott, Perry, Parham, Smith, Vining, Weedon, Williams.

Ordered, that the House concur in the seat of said amendments.

Mr. Barclay moved to suspend the resolution prohibiting

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the introduction of new business into this House, after Monday the third instant; which was carried.

Mr. Barclay then introduced a bill to be entitled an act for the relief of Thomas Kirby, tax collector of Jackson county, for the year 1820; which was read a first time --- and the rule being suspended, it was read a second time, and Ordered to be read a third time tomorrow.

Ordered, that Mr. Fleming and Mr. Morton have leave of absence during the remainder of the session.

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

Evening Session.

A message was received from the Senate, by Mr. Lyon, their secretary, informing this House, that they had read or third time and passed.

A memorial to Congress on the subject of connecting the waters of the Tennessee river with those of the Alabama, --- which originated in this House; to which they have made sundry amendments, in which they desire the concurrence of this House.

Also, that they had read a third time and passed, a bill originating in this House, to be entitled an act for the punishment of malicious mischief, to which they have made sundry amendments, in which they desire the concurrence of this House.

Also, that they insist on all their amendments to the bill to be entitled, an act to provide for assessing and collecting the taxes of this State.

Also, that they concur in the amendment made by this House to their amendment to said bill.

Also, that they have read a 3d time & passed, Resolutions instructing our Senators and Representative in Congress, in relation to the census of this State; which originated in this House.

And, an act for the relief of William B. Allen, in which they desire the concurrence of this House.

Also, that they had read a third time and passed, an act to raise a revenue for the support of government for the year 1822; which originated in this House, and which they have amended. In which amendment they desire the concurrence of this House.

Ordered, that this House concur in the amendment made


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by the Senate to the bill to be entitled, an act to raise a revenue for the support of government for the year 1822; also, to an act for assessing and collecting the taxes of this State.

Ordered, that the House concur in the amendments made by the Senate to the memorial to Congress on the subject of connecting the waters of the Tennessee river, with those of the Alabama.

Ordered, that the House disagree to the amendments made by the Senate to the bill to be entitled an act for the punishment of malicious mischief, in striking out the proviso at the end thereof.

On motion of Mr. Smith, the rule prohibiting the introduction of new business into this House, after Monday the third instant, was suspended.

Mr. Smith then introduced a bill to be entitled an act to amend the act to establish the temporary seat of justice in the counties therein named; which was read a first time. And the rule being successively dispensed with, it was read a second and third time and passed. Ordered, that the words "a bill to be entitled," be stricken out. Ordered, that the said bill be sent to the Senate for their concurrence.

A bill to be entitled an act to repeal in part and amend an act entitled an act to repeal in part and amend an at entitled an act to regulate the proceedings in the courts of law and equity in this State, passed on the 14th day of June last, was read a third time and passed. Ordered, that the words "a bill to be entitled" be stricken out. Ordered, that the same be sent to the Senate for their concurrence.

A bill from the Senate to be entitled an act to authorize the issuing of Treasury notes, and to vest authority in the Executive of this State, to apply a certain sum of money therein mentioned, for the purpose of making such arrangements with the specie paying banks of this State, as may aid the credit and currency of the Treasury notes ---, was read a second time. Mr. Weedon offered an amendment thereto, consisting of two additional sections; which was adopted. The bill was then further amended; The rule being dispensed with, the said bill was read a third time and passed. Ayes 28, nays 19.


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

Messrs. Allen, Ayers, Beene, Brown, Crag, Davis, Duckworth, Evans, Elmore, Hardwicke, Jones, Kennedy, Montgomery, Magoffin, Murrell, Masterson, Miller, Morton, McHenry, Norwood, Pickett, Perry, Skinner, Tagert, Thompson, Vining, Weedon, Williams.

Those who voted in the negative, are

Mr. Speaker, Anderson, Armstrong, Barclay, Carr, Clay, Crenshaw, Edmondson, Fitzpatrick, Fleming, Graham, Hopkins, Leake, Moore, Martin, Powell, Philpott, Smith, Williamson.

Ordered, That the Senate be acquainted therewith.

A bill to be entitled an act to repeal in part the forth third section of an act to organize the militia of this state, passed Dec. 20, 1820, was read a third time and passed --- Ordered, That the title be as aforesaid. Ordered, That the same be sent to the Senate for their concurrence.

Ordered, That the committee of the whole House be discharged from the further consideration of the bill to be entitled to regulate the proceedings in chancery suits --- The said bill was then read a third tie and passed. Ordered, That the words "A bill to be entitled," be stricken out. Ordered, That the same be sent to the Senate for their concurrence.

Ordered, That Mr. Fitzpatrick have leave of absence the remainder of the session.

A bill to be entitled an act to make appropriations for the payment of certain claims against the State --- was read a second time, and Ordered, to lie on the table.

A bill to be entitled an act to amend the law regulating proceedings upon the claims of property under execution --- was read a third time, amended by way of rider, and passed. Ordered, That the title be as aforesaid. Ordered, That the same be sent to the Senate for their concurrence.

A bill to be entitled to fix the permanent seat of justice in Montgomery county --- was read a third time and passed. Ordered, That the title be as aforesaid.

Ordered, That the same be sent to the Senate for their concurrence.

Ordered, That the committee of the whole be discharged from the further consideration of the bill to be entitled, an act to repeal in part, and amend an act to reduce into one the several acts, concerning roads, bridges, and highways. Ordered, That the said bill be committed to a select com-


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mittee. Whereupon, Messrs. Moore, Martin and Leake, were appointed said committee.

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

An act to alter the boundaries between Bibb and Perry counties.

Resolutions, in relation to the road from Uchee bridge to Line creek.

An act authorizing Abraham Skidmore and others to sell certain real estate; were severally read a third time and passed. Ordered, That the Senate be acquainted therewith.

A bill from the Senate to be entitled an act to amend the several acts regulating the proceedings in the Courts of law and Equity in this State, was read a third time. And on the question being put --- Shall this bill pass? It was decided in the negative.

A bill to be entitled an act amendatory of the several acts now in force for the relief of insolvent debtors --- was read a second time, and Ordered to be read a third time to-morrow.

The following message was received from the Senate by Mr. Davis, informing this House, that they have read the third time and passed the bill originating in this House, entitled an act to amend the several acts in relation to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act; and have amended the same by inserting between the word "stockholder" and the word "of," in the second line of the twentieth section, the words "or the copartner of any such director:" and by adding an additional section thereto; in which amendments they desire the concurrence of this House.

A bill to be entitled to amend an act entitled an act to provide for the appointment of county officers --- was read a second time, and Ordered to be indefinitely postponed.

A bill from the Senate to be entitled an act for the relief Michael J. Kenon, was read a second time; and on the questing being put --- Shall this bill be read a third time? It was decided in the negative.

On motion of Mr. Clay the resolution prohibiting the introduction of new business into this House after Monday the 3rd instant, was suspended.


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Mr. Clay then introduced a bill to be entitled an act for the relief of John Easley; which was read a first time.--- And the rule being successively dispensed with, it was read a second and third time and passed. Ordered, That the title be as aforesaid. Ordered, That the same be sent to the Senate for their concurrence.

Ordered, that the House disagree to the amendments made by the Senate to the bill to be entitled, an act to alter and amend the several acts now in force, organizing the militia of this state.

A bill from the Senate entitled, an act authorizing Edwin Lewis, to open and construct a road Mobile county, was read a first time and ordered to lie on the table.

Resolutions in relation to the public lands adjoining the town of Cahawba, were read a third time.

Mr. Moore, moved that the further consideration of said bill be indefinitely postponed; which was decided in the affirmative --- ayes 24, nays 22.

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

Messrs. Allen, Anderson, Armstrong, Ayers, Brown, Clay, Edmondson, Fleming, Hardwicke, Holderness, Leake, Murrell, Masterson, Miller, Moore, Morton, Powell, Philpott, Parham, Skinner, Smith, Vining, Weedon, Williams.

Those who voted in the negative, are

Mr. Speaker, Bagby, Barclay, Beene, Carr, Crenshaw, Craig, Davis, Duckworth, Evans, Elmore, Greening, Graham, Jones, Montgomery, Magoffin, McHenry, Norwood, Pickett, Tagert, Thompson, Williamson.

Ordered, that the House concur in the amendments made by the Senate to the bill to be entitled, an act to amend the several acts in relation to the establishment of the bank of the state of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act.

A bill to be entitled, an act to establish a board of internal improvement, was ordered to be indefinitely postponed.

A bill from the Senate to be entitled, an act for the relief of Thomas Eastin, was read a third time, and ordered to lie on the table.

A bill to be entitled, an act to provide compensation for witnesses in criminal cases, out of county funds, in certain specified cases; was read a second time.

Mr. Allen moved that the further consideration of said bill be indefinitely postponed; which was decided in the affirmative --- ayes 25, nays 20.


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

Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Beene, Carr, Evans, Greening, Graham, Leake, Montgomery, Moore, Martin, Norwood, Pickett, Powell, Philpott, Parham, Smith, Tagert, Vining, Williams, Williamson.

Those who voted in the negative, are

Messrs. Barclay, Brown, Clay, Craig, Davis, Duckworth, Edmondson, Elmore, Hardwicke, Holderness, Jones, Kennedy, Magoffin, Murrell, Masterson, Miller, Morton, McHenry, Skinner, Thompson.

The question being put, shall this House adjourn? It was decided in the negative --- ayes 21, nays 23.

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

Messrs. Allen, Armstrong, Ayers, Barclay, Carr, Crenshaw, Davis, Duckworth, Evans, Greening, Graham, Hardwicke, Leake, Magoffin, Martin, McHenry, Smith Tagert, Weedon, Williams, Williamson.

Those who voted in the negative, are

Mr. Speaker, Anderson, Beene, Brown, Clay, Crag, Edmondson, Elmore, Jones, Kennedy, Montgomery, Murrell, Masterson, Miller, Moore, Morton, Norwood, Pickett, Philpott, Parham, Skinner, Thompson, Vining.

A bill from the Senate to be entitled, an act supplementary to the several acts, in relation to wills, intestates, and guardians; was read a third time. And on the question being put, shall this bill pass? It was decided in the negative.

Resolution authorizing the tax collectors of Madison, Limestone and Lawrence counties to pay into the Huntsville Bank, the amount of taxes of their respective counties; was read a second time. And the rule being dispensed with, it was read a third time and passed. Ordered, that he same be sent to the Senate for their concurrence.

The House then adjourned till to morrow morning nine o'clock.