Monday, November 26th, 1821.

The House met pursuant to adjournment.

Mr. Dabney presented the petition of sundry inhabitants of Montgomery county, praying a division of the said county --- which was received and referred to the committee on county boundaries.

Mr. Clay presented the petition of the administrators of Daniel W. Michaux, deceased, praying the confirmation of the sale of certain lands therein named --- which was received, and referred to the judiciary committee.

Mr. Fitzpatrick from the committee on propositions and grievances, to whom was referred so much of His Excellency's message as relates to the Chickasaw Indians, Reported, that it is inexpedient at this time to pass any such law in relation thereto; inasmuch as there is a law now in force in this State on that subject. Ordered, that the House concur in said report.

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 to incorporate Tuskaloosa Chapter and Alabama Chapter of Royal Arch Masons.

An act to alter and extend the boundaries of Limestone county.

An act authorizing the Intendant and council of the lower part of Tuskaloosa, to erect a toll bridge across the Black-warrior river.

An act to authorize the administrator and administratrix of Thomas Talbert, deceased, to sell and convey certain real estate and,

An act divorcing certain persons therein named; And find the same duly enrolled.

A bill to be entitled an act to authorize Elisha Thomas and Davis Gurley and their associates to turnpike a certain road therein named --- which was read a first time, and Ordered to be read a second time tomorrow.

Mr. Powell offered the following resolution:

Resolved, that the committee of ways and means be instructed to inquire into the expediency of reducing the expenses of the State Government --- which was adopted.

Mr. Williams obtained leave to introduce a bill to be entitled an act to allow compensation to William Dunn for examining the Black-warrior river, above the town of Tuskaloosa --- which was read a first time, and Ordered to be read a second time tomorrow.

Mr. Moore offered the following resolution:

Resolved, that the committee on roads bridges, and ferries be instructed to inquire into the expediency of so amending the law now in force on the subject of public roads, as to authorize the payment of claims out of the county treasury, where it shall appear there are no road funds in the treasury --- which was adopted.

Mr. King obtained leave to introduce a bill to be entitled an act concerning appeals taken from Justices of the Peace --- which was read a first time, and Ordered, to be read a second time tomorrow.

The resolutions from the Senate, to instruct our Senators in Congress and our Representative, to use their exertions to procure the appropriation of the two per cent. fund for the purpose of making roads to this state in conformity with the act of admission, were read a first time and ordered to be read a second time tomorrow.

A bill from the Senate entitled an act supplementary to the several acts in relation to highways, bridges and ferries


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was read a second time, and referred to the committee on roads, bridges and ferries.

A bill from the Senate to be entitled, an act to amend and repeal a part of the second section of an act to authorize the governor to dispose of the public arms of this state, passed on the 7th day of December, 1820, was read a second time, and Ordered, to be read a third time tomorrow.

A bill to be entitled an act to authorize the sale of the public land, adjoining the town of Cahawba, was read a second time: Mr. Pickett moved, that the further consideration of the said bill be indefinitely postponed; which was decided in the negative --- yeas 17, nays 35. The yeas and nays being called for, those who voted in the affirmative, are

Messrs. Bagby, Carr, Crenshaw, Craig, Dale, Evans, Elmore, Fitzpatrick, Greening, Jones, Kennedy, Montgomery, McHenry, Norwood, Pickett, Tagert, Williamson --- 17.

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Barclay, Beene, Brown, Clay, Dabney, Davis, Edmondson, Fleming, Graham, Holderness, Hopkins, King, Leake, Magoflin, Murrell, Masterson, Miller, Moore, Morton, Martin, Powell, Philpott, Perry, Parham, Skinner, Smith, Thompson, Vining, Weedon, Williams --- 35.

Ordered, that the said bill be committed to a committee of the whole House and be made the order of the day for tomorrow.

A message 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 permanently to fix the seat of Justice in the county of Tuskaloosa, which originated in this House & which they had amended, in which they ask the concurrence of this House; Also, that they had read a third time and passed, an act authorizing the administrators of Robert Morrow, deceased, to sell real estate, which originated in this House.

Mr. Bagby obtained leave to introduce a bill to be entitled, an act permitting Merchants, Shopkeepers, Tradesmen, Physicians and Apothecaries to prove their books of accounts; which was read a first time; and, Ordered for a second reading tomorrow.

A bill from the Senate to be entitled, an act to authorize administrators to sell real estate in certain cases, was read a second time; and, Ordered, to be read a third time tomorrow.

A bill from the Senate to be entitled , an act to amend an act, entitled an act to reduce into one the several acts concerning strays; passed 21st, December, 1820, was read a


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second time, and referred to a select committee, consisting of Messrs. Evans, Moore and Greening.

Bills of the following titles, to wit: An act declaring Murder creek, in the county of Conecuh a navigable stream, and for other purposes; and, an act to incorporate the town of Sparta, and for other purposes; were severally read a second time and ordered to be engrossed for a third reading tomorrow.

A bill to be entitled, an act to repeal in part and amend an act therein named; was read a second time.

On motion of Mr. Greening, Ordered, that the further consideration of the said bill be indefinitely postponed.

A message from the Senate by Mr. Lyon, their secretary, informing this House, that the Senate had read a third time and passed, a bill to be entitled, an act to authorize a lottery for the making of a turnpike road leading from the city of Mobile to Boguechitto creek, in the county of Mobile, and for other purposes; which originated in this House; and, that they had made sundry amendments thereto, in all of which they desire your concurrence.

A bill from the Senate to be entitled, an act for the relief of purchasers at the first sale of lots in the town of Cahawba, was read a third time; and after several amendments and the blanks being filled, it was passed.

Engrossed bills of the following titles, to wit: An act to establish the permanent seat of Justice in the county of Shelby; an act to authorize the sale of certain lands therein designated; and, an act appointing commissioners to lay out a certain road therein designated; were severally read a third time and passed; Ordered, that the titles be as aforesaid: Ordered, That the same be sent to the Senate for their concurrence.

An engrossed bill entitled, an act to amend the laws now in force in this state for the punishment of the crime of horse stealing, was read a third time and passed.

The Yeas and Nays thereon being required,

Those who voted in the affirmative are,

Messrs. Allen, Anderson, Armstrong, Ayers, Beene, Clay, Duckworth, Evans, Elmore, Fleming, Greening, Hardwicke, Holderness, Kennedy, King, Leake, Murrell, Miller, Norwood, Pickett, Parham, Skinner, Smith, Tagert, Vining, Williamson --- 26.

Those who voted in the negative, are

Mr. Speaker, Bagby, Barclay, Carr, Dabney, Davis, Edmondson, Fitzpatrick, Graham, Hopkins, Jones, Montgomery, Magoflin, Masterson, Moore, Morton, Martin, McHenry, Powell, Philpott, Perry, Thompson, Weedon, Williams --- 24.


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An engrossed bill entitled an act for the relief of John McShan of Jefferson county --- 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 to be entitled an act to amend an act entitled an act to provide for leasing for a limited time the lands reserved by the Congress of the United States, for the support of schools within each township in this State, for a seminary of learning, and for other purposes, passed on the 20th December, 1820 --- was read a third time.

And the question being put, shall this bill pass? It was decided in the negative --- Yeas 23 --- Nays 28.

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

Messrs. Anderson, Armstrong, Ayers, Bagby, Craig, Duckworth, Edmondson, Elmore, Fitzpatrick, Fleming, Graham, Hardwicke, Holderness, Jones, King, Montgomery, Murrell, Masterson, Morton, Philpott, Parham, Skinner, Thompson.

Those who voted in the negative are,

Mr. Speaker, Allen, Barclay, Beene, Carr, Crenshaw, Dabney, Davis, Evans, Greening, Hopkins, Kennedy, Leake, Magoflin, Miller, Moore Martin, McHenry, Norwood, Pickett, Powell, Perry, Smith, Tagert, Vining, Weedon, Williams, Williamson.

Ordered, That the committee of the whole House be discharged from the further consideration of the bill 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. Ordered, That said bill be recommitted to the select committee.

Mr. Bagby obtained leave to introduce a bill to be entitled an act to authorize the executor of Joseph Philips, deceased, to sell and transfer certain certificates therein named --- which was read a first time, and Ordered for a second reading tomorrow.

Mr. Moore obtained leave to introduce a bill to be entitled an act supplementary to an act for the collection of monies due the State, and for other purposes, passed December 16, 1820 --- which was read a first time, and Ordered to be read a second time tomorrow.

Ordered, That the House concur in the amendments made by the Senate to the bill to be entitled an act permanently to fix the seat of justice for the county of Tuskaloosa and Perry.

Ordered, That the House adjourn till tomorrow morning 10 o'clock.