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Monday, Dec. 10, 1821.

The Senate met pursuant to adjournment.

A message from the House of Representatives by Mr. Hardwick:

Mr. President: I am instructed by the House of Representatives to inform your honorable body, that they have read a third time and passed bills of the following titles, to wit:

An act to authorize the administrator of John Watt, deceased to sell certain real estate therein named; an act for the punishment of milicious mischief; an act to amend an act entitled an act to reduce into one the several acts concerning Strays; an act to legitimate a certain person therein named, and for other purposes; and Resolutions instructing our Senators in Congress in relation to the census of this state in all of which they desire the concurrence of your honorable body.

They have also, read the third time and passed, an act supplementary to the several acts in relation to Highways, Bridges and Ferries, which originated in your honorable body; and have amended the same by adding the following proviso as the end thereof viz:

"Provided, that this act shall only extend to the counties of Mobile and Baldwin, and Provided also, that if any delay is created by the ferrymen aforesaid, no penalty shall be recovered for any person whatever, by crossing said ferry;" in which amendment they also desire the concurrence of your honorable body.

They have also, read a third time and passed, an act in relation to the Spanish records in the county of Mobile; 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 session of certain parts of their territory; 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 or imperfections which may exist in the statutes of this state; all of which originated in your honorable body.

They concur in the amendment made by the Senate to the bill to be entitled an act respecting rents, in adding after the word "state" in the second section, the words "so far as the same may conflict with the provisions of this act."

Mr. Casey presented the petition of Mathew D. Thomason, relative to the landing in the town of Cahawba, which was read; and on motion referred to the committee on claims.

Mr. Casey also, presented the petition of a number of the citizens of the town of Selma; which was read; and on motion, referred to the committee on roads, bridges, and ferries to examine and report thereon.

Mr. Rose obtained leave to introduce a joint resolution to instruct our Senators, and request our Representative in Congress, to use their influence to procure to Thomas Barton and Chappel Sledge, the right of establishing road in the creek nation of Indians, leading from Uchee bridge to the U. States boundary line, on Line creek; which was read the first time. On motion, the rule which requires all bills and joint resolutions to be read on three several days was dispensed with, and said resolution, was read the second time. Ordered, that the same be en-


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grossed and made the order of the day for a third reading on to morrow.

A message from the House of Representatives, by Mr. Leake a member thereof.

Mr. President; I am instructed by the House of Representatives to inform your honorable body, that they have concurred in the resolution of the Senate appointing a committee on their part, to confer with such committee as may be appointed on the part of the House of Representatives to examine the amount of printing for the state for the political year 1820, 1821, and report by bill or otherwise; and that they have appointed on their part Messrs. Leake, Palham and Crenshaw.

On motion, the Senate concurred in the amendment made by the House of Representatives, to the bill to be entitled, an act supplementary to the several acts in relation to highways, ferries and bridges.

A bill from the House of Representatives to be entitled, an act to legitimate a certain persons therein named, and for other purposes, was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A resolution from the House of Representatives instructing our Senators and requesting our Representative in Congress, in relation to the census of this state, was read the first time. Ordered, that said resolution be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives, to be entitled, an act to amend an act entitled, an act to reduce into one the several acts concerning strays, was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives to be entitled, an act for the punishment of malicious mischief, was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives, to be entitled, an act to authorize the administrator of John Watt, deceased, to sell certain real estate therein named, was read the first time. On motion, the rule which requires all bills to be read on three several days was dispensed, with, and said bill was read the second time. Ordered, that the same be made the order of the day for a third reading on to-morrow.

Mr. Hogg obtained leave to introduce a bill to be entitled, an act prescribing the mode by which a jury shall be drawn for the first circuit court for Pickens county; which was read the third time. On motion, the rule which requires all bills to be read on three several days was dispensed with, and said bill was read the second time. Ordered, that the same be engrossed and made the order of the day for a third reading on to-morrow.

An engrossed bill to be entitled an act to authorize the administrator of the late John Lucas, to sell certain real estate, was read the third time. Mr. Gause moved to reconsider the voted of the Senate, on the ordering said bill to a third reading and on the question being put, it was decided in the affirmative. Mr. Gause then moved to strike out the word "private" in the first section of said bill, and insert in lieu thereof the word "public," and on the question being put it was decided in the affirmative. Mr. Casey moved to strike out all the first


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section of said bill after the enacting clause; and on the question being put, it was decided in the affirmative. The question was then put on the passage of said bill as amended, and decided in the affirmative. Ordered, that the title of said bill, be an act to authorize Abraham Skidmore and other, to sell certain real estate. Ordered, that the same be sent to the House of Representatives for their concurrence.

A bill to be entitled an act to incorporate the Murder creek Navigation company, was read the third time and passed. Ordered, that the title of said bill be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

A message was received, from his Excellency, the Governor, by James J. Pleasants, Esq. Secretary of State, informing the Senate, that the Governor did, on the 8th inst. approve and sign, an act to authorize Leonard Abercrombie to emancipate certain slaves therein named, which originated in the House.

A bill to be entitled an act for the relief of Charles Thaxter, was read the second time. Ordered, that said bill lie on the table.

A bill from the House of Representatives, to be entitled an act to provide for assessing and collecting the taxes of this state, was read the second time. Ordered, that said bill be committed to a committee of the whole House, and made the order of the for to-morrow.

A message from the House of Representatives, by Mr. Hardwick, a members thereof.

Mr. President; I am instructed by the House of Representatives, to inform your honorable body, that they have read the third time and passed, a bill to be entitled an act concerning jurors, and for other purposes; an act to establish a ferry, and appoint commissioners to lay out a certain road therein named; an act to establish certain election precincts therein named, and for other purposes; which they have amended by adding sundry sections thereto, in which your concurrence is desired. All which bills originated in your House. They have also read a third time and passed, an act to provide for transcribing and transferring certain records from Mobile to Baldwin county; an act to alter the time of holding the County Courts of Franklin county; an act to amend the act to incorporate the city of Mobile, passed 17th December, 1819, and, an act to authorize a lottery for building a bridge across Prairie creek, in the county of Greene; which also originated in your honorable body.

On motion, the bill to be entitled an act for the relief of Charles Thaxter, was taken up. Ordered, that said bill be committed to the committee on claims.

A bill from the House of Representatives, to be entitled an act supplementary to an act entitled an act, for the relief of securities, was read the second time. Ordered, that said bill be committed to a committee of the whole House, and made the order of the day for to-morrow.

A bill to be entitled an act for the relief of Michael J. Kenan, was read the second time. Ordered, that said bill be referred to the committee on University Lands, to examine and report thereon.

A resolution appointing David White and Jesse Beene, Esquires


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commissioners in addition to those already appointed, to take charge of the public lands adjoining the town of Cahawba, who read the second time. Ordered, that said resolution be engrossed, and made the order of the day, for a third reading on to-morrow.

A bill to be entitled an act to repeal so much of the third section of an act, entitled an act to reduce the expenses of the general Assembly, and for other purposes, passed at Cahawba on the 15th day of June, 1821, as in herein specified, was read the second time. Ordered, that said bill be committed to a committee of the whole House, and made the order of the day for to-morrow.

A bill from the House of Representatives, 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 the second time. Ordered, that said bill be committed to a committee of the whole house and made the order of the day for to-morrow.

The Senate, according to the order of the day, resolved itself into a committee of the whole on the bill to be entitled, an act for the relief of Thomas Eastin, Mr. Chambers in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. chambers reported, that the committee of the whole had, according to order, had said bill under their consideration, but not having time to go through therewith had directed him to report progress and ask leave to sit again, which was refused. Ordered, that said bill lie on the table.

A bill from the House of Representatives, to be entitled, an act concerning jurors, and for other purposes, was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

Mr. Hanby moved to disagree to the amendment made by the House of Representatives to the bill to be entitled, an act to establish additional election precincts therein named, so far as the same relates to the establishment of an additional election precinct at the house of George Roberts in the county of Blount; and on the question being put it was resolved in the affirmative. On motion, the Senate concurred in the other amendments, made by the House of Representatives to said bill. Ordered, that the secretary inform the House of Representatives thereof.

On motion, the Senate adjourned till 3 o'clock, P.M.

Three o'clock, P.M.

The Senate met pursuant to adjournment.

On motion the 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 taken up. On motion of Mr. Garth, the committee of the whole was discharged from the further consideration of said bill. Mr. Garth proposed the following additional section as an amendment to said bill:

"Sec. 6. And be it further enacted, that when a vacancy happens by resignation or otherwise, in any office the appointment of which is vested in the county court, it shall be lawful for the judge of said court and the commissioners of roads and revenue, to make the appointment be-


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tween the terms of court; and the appointment shall be as valid as if made at the regular term;" which was adopted.

On motion the Senate adjourned till tomorrow morning 9 o'clock.