Friday, November 30.

The House met pursuant to adjournment.

Mr. Crenshaw presented the petition of a number of the inhabitants of Dallas county, praying an alteration in the road laws --- which was received and referred to the committee on roads, bridges, ferries &c.

Mr. Crenshaw presented the petition of Matthew D. Thomason praying to be released from the payment of rent for public lands therein named; which was received and referred to the committee of propositions and grievances.


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Mr. Crenshaw also presented the petition of Jonas Brown praying to be compensated for removing graves from a lot therein named; which was received and referred to the same committee.

Mr. Pickett presented the memorial of several inhabitants of West Florida, praying of this legislature to memorialize Congress on the subject of annexing that territory to this state; which was read and withdrawn.

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

An act to establish the permanent seat of justice in the county of Shelby.

An act for the relief of John McShan and William McShan of Jefferson county.

An act authorizing a lottery for the making of a Turnpike road leading from the city of Mobile, to Chickasaw bogue creek in the county of Mobile, 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 of this House relative to the establishment of certain great roads; Reported a bill to be entitled, an act appointing commissioners to lay out certain roads therein specified, and for other purposes; which was read a first time; and, Ordered to be read a second time tomorrow.

Mr. Magoflin from the select committee to whom was referred so much of the governor's communication as relates to the establishment of a board of improvement; Reported a bill to be entitled, an act to establish a board of improvement; which was read a first time; and Ordered, to be read a second time tomorrow.

Mr. Clay obtained leave to introduce a bill to be entitled, an act legalizing the sales of certain lands and lots therein named; which was read a first time; and Ordered to be read a second time tomorrow.

Mr. Crenshaw obtained leave to introduce a bill to be entitled an act to regulate the mode of issuing grants and patents in this state; which was read a first time; and Ordered to be read a second time tomorrow.

On motion of Mr. Moore, Resolved, that this House will receive no new business into this House after Monday next.

Mr. Moore offered the following resolution:

Resolved, by the Senate and House of Representatives of


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the state of Alabama in General Assembly convened, that this General Assembly will adjourn sine die on Saturday the 8th day of December next.

Mr. Williams moved to lay said resolution on the table; which was lost.

The resolution was then adopted and read a first time: and on the question being put, shall this resolution be read a second time? It was decided in the negative --- ayes 21, nays 27. The yeas and nays thereon being called for, those who voted in the affirmative, are

Mr. Speaker, Allen, Anderson, Bagby, Clay, Evans, Fitzspatrick, Fleming, Holderness, Jones, Leake, Masterson, Moore, Martin, Pickett, Powell, Philpott, Skinner, Tagert, Thompson, Williamson --- 21.

Those who voted in the negative, are

Messrs. Armstrong, Ayers, Barclay, Crenshaw, Craig, Danbey, Dale, Davis, Edmonsdon, Greening, Graham, Hardwicke, Hopkins, King, Montgomery, Magoffin, Murrell, Miller, Morton, McHenry, Norwood, Perry, Parham, Smith, Vining, Weedon, Williams --- 27.

Mr. Craig from the select committee to whom was referred a bill to be entitled, an act respecting rents; Reported said bill as amended; in which the House concurred: --- The bill was then read a second time, and ordered to be engrossed for a third reading to morrow.

On motion of Mr. Williams, the House resolved itself into a committee of the whole House on the bill to be entitled, an act authorzing the issuing of Treasury notes, Mr. Vining in the chair; and after sometime spent therein, the committee rose, and Mr. Vining reported the bill as amended. The question being put, shall this House agree to the amendment of the committee in striking out the first section of said bill? It was decided in the affirmative --- yeas 28, nays 21. The yeas and nays thereon being required, those who voted in the affirmative, are

Mr. Speaker, Anderson, Armstrong, Ayers, Bagby, Beene, Brown, Carr, Clay, Crenshaw, Dale, Edmondson, Elmore, Fitzpatrick, Fleming, Greening, Graham, Jones, Montgomery, Moore, Martin, Norwood, Pickett, Parham, Skinner, Tagert, Thompson, Williamson.

Those who voted in the negative, are

Messrs. Allen, Barclay, Craig, Dabney, Davis, Hardwicke, Hopkins, Kennedy, King, Leake, Magoffin, Masterson, Miller, Morton, McHenry, Powell, Perry, Smith, Vining, Weedon, Williams.

Ordered, That the House concur in the rest of the amendments.

A message was received from the Senate by Mr. Lyon their secretary, informing this House, that that body had read a third time and passed, bills of the following titles, to wit:


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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 to incorporate the town of Sparta, an for other purposes; and

An act for the relief of John Bishop --- all of which originated in this House.

Also, that they had read a third time and passed An act to establish the seat of justice in Blount county.

An act in relation to banking institutions in this State. --- In which they desire the concurrence of this House.

A message was received from His Excellency the Governor by Mr. Pleasants, Secretary of State, in the following words

Executive Department, Cahawba, Nov. 30, 1821.

Gentlemen of the Senate, and of the House of Representatives.

I have the honour to inform you of the resignation of William Metcalf, Esq. Judge of the County Court of Marion county.

ISRAEL PICKENS.

Ordered, That the House adjourn till 3 o'clock.

Evening Session.

The House met pursuant to adjournment.

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

An act to establish the seat of justice in Blount county;

An act in relation to the banking institutions in this State; were severally read a first time, and Ordered to be read a second time to-morrow.

On motion of Mr. Bagby, the House resolved itself into a committee of the whole House, on the bill to be entitled an at permitting merchants, shopkeepers, tradesmen, physicians and apothecaries, to prove their books of accounts; and after sometime spent therein the committee rose, and Mr. Clay reported the bill without amendment.

Ordered, That the committee of the whole be discharged therefrom, and that the same be referred to a select committee.

Whereupon, Messrs. Bagby, Crenshaw, Williams and Williamson, were appointed said committee.

A message from His Excellency was received by Mr. Pleasants, Secretary of State, in the following words:

Executive Department, Cahawba, Nov. 30, 1821.

Gentlemen of the Senate and of the House of Representatives.

I have the honour to inform you of the resignation of Francis Flournoy, Esq. Judge of the County Court of Pickens county.

ISRAEL PICKENS.


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An engrossed bill to be entitled an act to establish certain counties therein named --- was read a third time, and the blanks being filled, the question was put, shall this bill pass? and decided in the affirmative --- Yeas 32 --- Nays 20.

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

Mr. Speaker, Allen, Armstrong, Ayers, Barclay, Beene, Carr, Crenshaw, Dale, Davis, Duckworth, Elmore, Fitzpatrick, Greening, Graham, Hopkins, Jones, Kennedy, King, Montgomery, Magoffin, Miller, Morton, McHenry, Norwood, Pickett, Skinner, Smith, Tagert, Thompson, Vining, Williamson.

Those who voted in the negative, are

Messrs. Anderson, Bagby, Brown, Clay, Craig, Dabney, Edmondson, Fleming, Holderness, Leanke, Murell, Masterson, Moore, Martin, Powell, Philpott, Perry, Parham, Weedon, Williams.

A bill to be entitled an act to establish a public road therein named, was read a third time and passed. Ordered That the title be as aforesaid. Ordered, That the same be sent to the Senate.

An engrossed bill to be entitled an act to repeal; in part and amend an act there named --- 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 to amend an act to incorporate the Indian Creek Navigation Company --- was read a second time, and Ordered to be engrossed for a third reading to-morrow.

A bill to be entitled an act preventing the removal of distempered cattle --- was read a second time, and Ordered to lie on the table till the 1st of January next.

An engrossed bill 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 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 to restrain the issuing of small notes, commonly called change bills --- 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 to-morrow.

A bill from the Senate entitled an act declaring the Mulberry fork of Tuskaloosa river navigable from its junction with the Sipsie fork to Baltimore --- was read a third time and passed. Ordered, That the same be sent to the Senate.

Ordered, That the House adjourn till seven o'clock this evening.


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7 o'clock.

The House met pursuant to adjournment.

On motion of Mr. greening, Resolved, That a committee be appointed to inform the Senate, that this House is ready to receive them in the hall of the House of Representatives, to go into the election to fill such vacancies as may exist in the different counties, in the office of County Court Judge.

Whereupon, Messrs. Greening and Parham were appointed said committee.

The Senate having repaired to the hall of the House of Representatives, the two Houses proceeded to the election of a Judge of the County Court of Mobile county, to fill the vacancy occasioned by the resignation of H. H. Rolston.

Thomas Murray and Henry V. Chamberlain being in nomination, the votes stood thus: For Mr. Murray 41 --- For Mr. Chamberlain 24.

Those who voted for Mr. Murray are,

Messrs. Casey, Davis, Gause, [of the Senate.] Mr. Speaker, Anderson, Armstrong, Ayers, Bagby, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Duckworth, Edmondson, Fitzpatrick, Fleming, Greening, Hardwicke, Holderness, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Vining, Weedon, Williams, Williamson.

Those who voted for Mr. Chamberlain are,

Mr. President, Conner, Chambers, Devereux, Dennis, Elliott, Gaines, Hanby, Hogg, Lucas, Lanier, McVay, May, Rose, Ware, Wingate, [of the Senate.] Allen, Beene, Brown, Davis, Graham, Hopkins, Jones, Miller, Tagert.

Mr. Murray was therefore declared duly elected.

The two Houses then proceeded o the election of a Judge of the County Court of Baldwin, to fill the vacancy occasioned by the death of Thomas Held, esq. Sylvester Bill being the only person in nomination, and every member present voting for him the Speaker declared him unanimously elected.

The two Houses then proceeded to the election of a Judge of the County Court of Perry, to fill the vacancy occasioned by the resignation of Edwin D. King, Charles J. Shackleford and Henry Bernhard being in nomination, the votes stood thus: For Mr. Shackleford 38 --- For Mr. Bernhard 27.

Mr. Shackleford having a majority of all the votes present, the Speaker declared him duly elected.

Those who voted for Mr. Shackleford are,

Messrs. Conner, Dennis Gause, Gaines, Hogg, Lucas, Lanier, McVay,


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May, Rose, Ware, Wingate, [of the Senate.] Messrs. Anderson, Ayers, Beene, Brown, Dabney, Dale, Davis, Duckworth, Fitzpatrick, Fleming, Graham, Hardwicke, Hopkins, Jones, King, Leake, Masterson, Moore, Morton, McHenry, Philpott, Parham, Skinner, Vining, Weedon, Williamson.

Those who voted for Mr. Bernhard are,

Mr. President, Casey, Chambers, Davis, Devereux, Elliott, Hanby, [of the Senate.] Mr. Speaker, Allen, Armstrong, Bagby, Carr, Clay, Crenshaw, Craig, Edmondson, Greening, Holderness, Montgomery, Magoffin, Murrell, Miller, Martin, Norwood, Pickett, Tagert, Williams.

The two Houses then proceeded to the election of a Judge of the county court of Dallas county, occasioned by the resignation of Jesse Beene, Esq. William Aylett being the only person in nomination, and every member present voting for him, the Speaker declared him unanimously elected.

The two Houses then proceeded to the election of a Judge of the county court of Blount county, to fill the vacancy occasioned by the resignation of William B. Wallace, Esq. Maston Meade and William Dunn being in nomination, the votes stood thus:

For Mr. Meade, 38.

For Mr. Dunn, 31.

The Speaker thereupon declared Mr. Meade duly elected.

Those who voted for Mr. Meade are,

Messrs. Conner, Davis, Deveraux, Lanier, May, Ware, Wingate, (of the Senate.) Mr. Speaker, Anderson, Armstrong, Bagby, Clay, Dabney, Dale, Fleming, Edmondson, Greening, Hardwicke, Holderness, Hopkins, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Moore, Morton, Martin, Norwood, Pickett, Powell, Philpott, (of the Ho. of Rep.) --- 33

Those who voted for Mr. Dunn are,

Mr. President, Casey, Chambers, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, McVay, Rose, (of the Senate.) Allen, Ayers, Beene, Brown, Carr, Crenshaw, Craig, Davis, Duckworth, Fitzpatrick, Graham, Jones, Miller, McHenry, Parham, Skinner, Tagert, Vining, Williams, Williamson, of the House of Representatives) --- 31.

After the Speaker had announced Mr. Meade duly elected, some of the absent members coming in, and the Speaker deciding they had no right to voted, the question was put, shall the voted be again taken on this election? and decided in the affirmative. Upon he second balloting, the votes stood thus: For Mr. Dunn, 34, for Mr. Mead, 32. whereupon the Speaker declared Mr. Dunn duly elected.

Those who voted for Mr. Dunn are.

Mr. President, Casey, Chambers, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, McVay, May, Rose, (of the Senate.) Allen, Ayers, Barclay, Beene, Brown, Carr, Crenshaw, Craig, Davis, Duckworth, Fitzpatrick, Graham, Jones, Dennedy, Miller, McHenry, Parham, Skinner, Tagert, Vining, Williams, Williamson, (of the House of Representatives) --- 34.

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Those who voted for Mr. Meade are,

Messrs. Conner, Davis, Devereux, Lanier, Ware, Wingate, (of the Senate.) Mr. Speaker, Anderson, Armstrong, Bagby, Clay, Dabney, Dale, Edmondson, Fleming, Greening, Holderness, Hardwicke, Hopkins, King, Leake, Montgomery, Masterson, Magoffin, Murrell, Moore, Martin, Morton, Norwood, Pickens, Powell, Philpott, of the House (of Representatives) --- 32.

The two Houses then proceeded to the election of a Judge of the county court of Franklin, to fill the vacancy occasioned by the resignation of John S. Fulton Esq.

James Davis being the only person in nomination, and every member present voting for him, the Speaker declared him unanimously elected.

The two houses then proceeded to the election of a judge of the county court of Marion to fill the vacancy occasioned by the resignation of William Metcalfe, Esq.

Anderson Ritter being the only person in nomination, and every member present voting for him, the speaker declared him unanimously elected.

The two Houses then proceeded to the election of a judge of the county court of Madison county to fill the vacancy occasioned by the resignation of Samuel Chapman: Samuel Chapman and Henry Minor being in nomination, the votes stood thus: --- For Mr. Chapman 40: --- For Mr. Minor 28. The speaker thereupon declared Mr. Chapman duly elected judge of the county court of Madison.

Those who voted for Mr. Chapman, are

Messrs. Casey, Conner, Davis, Dennis, Elliott, Gaines, Hanby, Hogg, McVay, Rose, Ware, [of the Senate.] Mr. Speaker, Armstrong, Bagby, Barclay, Brown, Carr, Clay, Crenshaw, Dale, Duckworth, Fitzpatrick, Fleming, Greening, Hardwicke, Holderness, Jones, Leake, Montgomery, Magoffin, Moore, Morton, Martin, Philpott, Parham, Tagert, Thompson, Weedon, Williams, Williamson --- 40.

Those who voted for Mr. Minor, are

Mr. President, Devereux, Gause, Lucas, Lanier, May, Wingate, [of the Senate.] Messrs. Allen, Anderson, Ayers, Beene, Craig, Dabney, Davis, Edmondson, Graham, Hopkins, Kennedy, King, Murrell, Masterson, Miller, McHenry, Norwood, Pickett, Powell, Skinner, Vining --- 28.

The two houses then proceeded to the election of a judge of the county court of Pickens county to fill the vacancy occasioned by the resignation of Francis Flournoy, Esq. --- Solomon Marshal being the only person in nomination, and every member present voting for him, the Speaker declared him duly elected.