Monday, November 19th, 1821.

The House met pursuant to adjournment.

Message from the Senate by Mr. Lyon:

Mr. Speaker and gentlemen of the House of Representatives, I am directed to inform your honourable body, that the Senate have read a third time and passed;

An act to authorize the administrators of Benjamin C. Benham, deceased, late of Limestone county, to sell a tract of land therein designated, and for other purposes; and that the Senate have amended the same, by adding the following after the words, "Alabama Republican," "so soon as the said administrator shall have executed his bond to the Judge of the County Court, and his successors in office, conditioned, that the money arising from such sale, shall be applied according to law, in such cases made and provided."

And that they have read a third time and passed, an act to authorize the Judge of the County Court of St. Clair county, to levy a tax to remunerate John Cunningham: In which they desire your concurrence.

Mr. Allen presented the petition of sundry persons praying the remission of a fine therein mentioned; which was received and referred to the committee on propositions and grievances.

Mr. Philpott presented a petition praying the establishment of a turnpike road therein named --- which was received and referred to the committee on roads, bridges, ferries, &c.

Mr. Pickett from the committee on divorce and alimony to whom was referred a bill to be entitled an act divorcing certain persons therein named, reported the same as amended --- which was read a second time, and Ordered to be engrossed for its third reading tomorrow.

Mr. McHenry from the select committee, to whom was referred a bill to be entitled an act to establish additional election precincts in Lauderdale, reported the same as amended --- which was read a second time. The following amendments were successively offered and adopted:

By Mr. Greening --- And be it further enacted, That the election precinct heretofore established at Cumming's mill


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in the county of Conecuh, be, and the same is hereby discontinued; and that an additional election precinct be established at Zuber's store.

By Mr. Murrell, --- And be it further enacted, That the election heretofore held at Strange's mill in Limestone county, be hereafter held at the dwelling house of the said Edmund Strange.

By Mr. Hardwicke, --- And be it further enacted, That there shall be an additional election precinct held at the muster ground of Captain Nutts, in the county of St. Clair.

By Mr. Weedon, --- And be it further enacted, That there shall be one additional election precinct at the house of Captain Jacobs, at Ditto's landing, in Madison county.

By Mr. Allen, --- And be it further enacted, That there be an additional precinct at a place called Old-town, in Jefferson county. Ordered, that the said bill be engrossed, and made the order of the day for its third reading tomorrow.

Mr. Williams from the committee of ways and means, to whom was referred the bill to be entitled an act to authorize the issuing of Treasury notes, reported the same with amendments Ordered, that the House concur in said amendments. Ordered, that said bill be committed to a committee of the whole House, and be made the order of the day for Wednesday next. Ordered, that 54 copies of the said bill be printed under the superintendence of Mr. Williams.

The Speaker laid before the House the report of the commissioners appointed to receive proposals from the directors of the several incorporated Banks of the State, of the terms and conditions upon which said several banks will become branches of the Bank of the State of Alabama. Ordered, that said report be referred to the select committee to whom was referred so much of the late acting Governor's message as relates to the State Bank.

Mr. Morton offered the following resolution:

Resolved, That a committee of two members be appointed to inform the Senate, that this House be ready at the hour of 12 o'clock to morrow to go into the election of a solicitor for the first judicial circuit, and a State printer --- which resolution was adopted: Whereupon, Messrs. Morton and Philpott were appointed said committee.

The following bills were severally read a third time and passed to wit:


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A bill to be entitled an act to fix the temporary seat of justice for the county of Bibb.

A bill from the Senate, to be entitled an act to appoint commissioners to lay out a certain road therein named.

A bill to be entitled an act for the relief of John Bishop.

A bill to be entitled an act to incorporate the Tuskaloosa and Alabama Chapter of Royal Arch Masons.

A bill to be entitled an act authorizing the Intendant and council of the lower part of Tuskaloosa to erect a toll bridge across the Black warrior river. Ordered, that the titles be as aforesaid. Ordered, that the Senate be acquainted therewith.

The House took into consideration the bill to be entitled an act to regulate proceedings upon the claims of property under execution. Ordered, that said bill be referred to the judiciary committee.

Message from the Senate by Mr. Lyon, their secretary:

Mr. Speaker I am instructed by the Senate to inform your honourable body, that they have read a third time and passed, An act authorizing the Governor to borrow a certain sum of money therein mentioned, and to settle the debt due by the State to the Huntsville Bank.

An act for the relief of purchasers at the first sale of lots in the town of Cahawba.

An act to incorporate the Mobile Steam-boat Company.

An act to alter the boundary line between the counties of Clark and Monroe.

And an act to authorize the Catholic congregation of Christians in the city of Mobile to sell certain real estate therein mentioned, and for other purposes. In which they desire your concurrence.

Mr. Weedon from the committee of the whole House, on the communication of His Excellency, according to leave granted on Saturday, reported the following resolutions:

Resolved, That so much of said message as relates to the Seminary lands, be referred to the committee on schools and colleges and school and college lands.

Resolved, That so much of said message as relates to the depreciated currency of this state, be referred to the committee of ways and means.

Resolved, That so much of said message as relates to the revenue of the state, be referred to the committee of ways and means.

Resolved, That so much of said message as relates to the


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purchasers of lots in the town of Cahawba, be referred to the committee of propositions and grievances.

Resolved, That so much of said message as relates to the propriety of issuing Treasury notes, be referred to the committee of ways and means.

Resolved, That so much of said message as relates to the establishment of a board of public works, be referred to the committee on inland navigation.

Resolved, That so much of said message as relates to the Courts of Justice, be referred to the Judiciary committee.

Resolved, That so much of said message as relates to the Chickasaw Indians, be referred to the committee of propositions and grievances.

Resolved, That so much of said message as relates to the fund appropriated by the general government for internal improvement in this state, be referred to the committee of roads, bridges and ferries; and so much as relates to certain roads, leading from one extreme of the state to the other, be referred to the same committee.

Resolved, That so much of said message as relates to the report of the Quarter Master General, be referred to the military committee.

Resolved, That so much of said message as relates to certain resolutions, passed by the legislature of Georgia, representing that the Creek and Cherokee nations of Indians, are desirous of making certain cessions of their territory, be referred to a select committee.

Messrs. Hardwicke, Williamson and Fitzpatrick are appointed said committee.

Resolved, That so much of said message as relates to the executive records, be referred to a select committee.

Whereupon, Messrs. Williams and Magoflin are appointed said committee.

Resolved, That so much of said message as relates to the impediments to the navigation of the Tombeckbe and the Alabama rivers, and their tributary streams, and to a communication between the waters of the Mobile bay, and those of the Tennessee and Holston rivers, be referred to the committee on inland navigation.

Ordered, That the House concur in said report.

The House took into consideration a bill to be entitled, an act respecting rents.

Mr. Bagby moved, that the further consideration of said bill be indefinitely postponed; which was decided in the ne-

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

Messrs. Bagby, Craig, Evans, Greening, Graham, Morton, Pickett, Parham, Tagert, Thompson --- 10.

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Ayers, Barclay, Beene, Carr, Clay Crenshaw, Dale, Davis, Duckworth, Edmondson, Elmore, Fitzpatrick, Fleming, Hardwicke, Holderness, Hopkins, Jones, Kenney, King, Montgomery, Magoflin, Murrell, Masterson, Miller, Moore, Martin, McHenry, Norwood, Powell, Philpott, Perry, Skinner, Smith, Vining, Weedon, Williams, Williamson --- 40.

Ordered, That the said bill be referred to the Judiciary committee.

A bill to be entitled, an act to repeal in part, and amend an act entitled, an act to constitute a court of oyer and terminer for the trial of slaves and for other purposes, was read a second time; Ordered, that the same be referred to the Judiciary committee.

Mr. Davis offered the following resolution:

Resolved, That the Judiciary committee be instructed to inquire into the expediency of revising and reducing into one, all the acts now in force for the trial of slaves; which was adopted.

A bill to be entitled, an act to extend the duties of justices of he peace, was read a second time. Mr. Weedon moved to amend the said bill by striking out all, after the enacting clause; which was decided in the affirmative.

The following bills were read a second time, to wit: A bill to be entitled an act for the relief of William Walton; a bill to be entitled, an act to establish a road therein named; Ordered, that said bills be engrossed and made the order of the day for tomorrow.

A bill to be entitled, an act supplementary to an act to suppress duelling, passed on the 17th of December, 1819, read second time, and ordered to lie on the table.

A bill from the Senate to be entitled an act to compel plaintiffs to give security for costs in all suits hereafter to be brought in this State, was read a second time --- and referred to the judiciary committee.

A bill to be entitled an act to provide for the digesting of the laws of the State of Alabama --- was read a second time.

Ordered, That the same be committed to a committee of the whole House and made the order of the day for tomorrow.

A bill to be entitled an act to amend the election laws now in force in this State, was taken up. Mr. Masterson


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moved, that the further consideration of the said bill be indefinitely postponed --- which was carried. The Ayes and Nays being called for, those who voted in the affirmative are,

Mr. Speaker, Allen, Anderson, Bagby, Barclay, Beene, Crenshaw, Craig, Dale, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Fleming, Greening, Hardwicke, Jones, Montgomery, Magoflin, Murrell, Masterson, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Perry, Parham, Skinner, Smith, Tagert, Thompson, Williams, Williamson --- 37.

Those who voted in the negative are,

Messrs. Ayers, Carr, Clay, Davis, Graham, Holderness, Hopkins, King, Miller, Philpott, Vining, Weedon --- 12.

A bill to be entitled an act authorizing a lottery, for the making of a turnpike road leading from the city of Mobile to Bogue Chitto creek, in the county of Mobile --- was read a second time.

Mr. Parham offered an amendment, authorizing sundry persons to raise a sum of money by lottery; which was adopted. Ordered, That the same be engrossed for a third reading tomorrow.

A bill to be entitled an act to define the power of the Judges of the Circuit Courts of this State, and to fine and imprison persons on State prosecutions, was read a second time; and Ordered, to be referred to the judiciary committee.

A bill to be entitled an act permanently to fix the seat of justice for the county of Tuskaloosa, was read a second time and amended. Ordered, That the same be engrossed for a third reading tomorrow.

Mr. Barclay offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into the expediency of reducing into one act, all the duties of Justices of the Peace, sheriffs, coroners, and constables; and annex thereunto their several fees --- which was adopted.

Ordered, That Mr. Magoflin be added to the committee on inland navigation.

The House took into consideration the amendment made by the Senate to the bill to be entitled an act to authorize the administrators of Benjamin C. Benham, deceased, of Limestone county, to sell a tract of land therein designated, and for other purposes --- and concurred in the same.

The following bills from the Senate were read a first time to wit:

An act to authorize the Judge of the County Court of St. Clair to levy a tax to remunerate John Cunningham.

An act for the relief of purchasers at the first sale of lots in the town of Cahawba.


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An act authorizing the Governor to borrow a certain sum of money therein mentioned, and settle the debt due by the State to the Huntsville Bank.

An act to incorporate the Mobile Steam Boat Company. An act to alter the boundary line between the counties of Clark and Monroe. And,

An act to authorize the Catholic congregation of Christians, in the city of Mobile, to sell certain real estate therein named, and for other purposes.

Ordered, That the said bills be read a second time tomorrow.

Ordered, That Mr. Morton be added to the judiciary committee.

Mr. Pickett obtained leave to introduce a bill to be entitled an act to fix the time of convening the General Assembly of the State of Alabama --- which was read a first time and Ordered, to be read a second time tomorrow.

Ordered, That the House adjourn till to-morrow morning 10 o'clock.