Thursday, December 13, 1821.

The Senate met pursuant to adjournment.

Mr. Lucas, from the select committee, to whom was referred the report of the joint committee in relation to the accounts of William B. Allen, state printer, reported a bill to be entitled, an act for the relief of William B. Allen; which 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 engrossed and made the order of the day for a third reading on to-morrow.

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

Mr. President, and Gentlemen of the Senate; I am instructed by the House of Representatives, to inform your honorable body, that they have read a third time and passed the following, memorial and acts which originated in your honorable body, viz: a memorial to the Congress of the United States, praying that the restriction imposed by the act of Congress for our admission, exempting lands of the United States from taxation for five years, sold after the passage of said act, should be removed; an act to incorporate the town of Belle-fonte in the county of Jackson; an act to authorize Peter Ross to establish a toll bridge across Mulberry creek, between the counties of Dallas and Autauga; an act more effectually to enforce the acts of the general assembly of the 21st December, 1820, and of June the 14th, 1821, in relations to roads within this state; an act providing for certain officers; an act to incorporate the town of Demopolis, in Marengo county; and, an act to establish the seat of justice in Blount county; which latter they have amended by adding a proviso and two sections, in which they desire the concurrence of your honorable body.

Mr. Elliot, from the committee on the Judiciary, to whom was referred the boll to be entitled an act, to extend and enlarge the term of the Circuit Court for Franklin county, reported that the matter of the bill had been embraced in the act of the General Assembly, entitled an act to form a sixth Judicial Circuit, and for other purposes, therein mentioned; they therefore, recommend the indefinite postponement of the further consideration of said bill; which was concurred in.

The same committee, to whom was referred the petition of the citizens of Madison county, praying the extension of the terms of the Circuit Courts of Madison county, reported that the subject matter of the petition had been embraced by an act of the General Assembly, entitled an act to form a sixth Judicial Circuit and for other purposes therein mentioned; the committee therefore, recommend the indefinite


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postponement of the further consideration of the subject matter of said petition, which was concurred in.

A resolution granting __________ to and his associated, the exclusive right and privilege of fishing in the Alabama river, near the town of Cahawba, was read the second time. Mr. Garth proposed the following previso to said resolution: "Provided, that the parties to whom this privilege is granted, shall never apply to the state to be reimbursed for the expense of repairing the banks for a landing;" which was adopted. Mr. Casey moved to fill the first blank in said resolution, with the name of "David White," and on the question being put, it was decided in the affirmative. Mr. Casey moved to fill the second blank in said resolution, with the words "ten years," and on the question being put, it was decided in the negative Mr. Rose moved to fill the first blank in said resolution, with the words "five years," and on the question being put, it was decided in the affirmative. Mr. Davis moved to strike out the first section of said resolution; and on the question being put, it was decided in the negative. On motion, the rule which requires all joint resolutions to be read on three several days, was dispensed with, and said resolution was read the third time and passed. Ordered, that the title be a resolution, granting to David White, and his associated, the exclusive right and privilege of fishing in the Alabama river, near the town of Cahawba. Ordered, that the Secretary inform the House of Representatives thereof, and desire their concurrence.

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

Mr. President; I am instructed by the House of Representatives, to inform your honorable body, that they have read a third time and passed, an act to divorce Sarah M. Bracken, from her husband James A. Bracken, in pursuance of the decree of the Circuit Court of Franklin county, exercising chancery jurisdiction.

A bill from the house of Representatives, to be entitled n act to provide for assessing and collection the taxes of this state, was read the third time. Mr. Garth proposed the following amendment to said bill, by way of rider.

"And be it further enacted, That it shall be lawful for the Judges of the County Court, and commissioners of the roads and revenue in any county in this state, to direct the collector of the taxes, to collect any current money circulating in their counties, in payment, of county taxes, and the collector shall act according to such direction;" which was read the first time. On motion the rule which requires all amendments, by way of rider, to be read on three several days, was dispensed with, and said amendment was read the second and third times and adopted.

Mr. Gause, from the committee on enrolled bills, reported that said committee had examined the following acts, and found the same duly enrolled, viz: an act to form a sixth Judicial Circuit, and for other purposes therein mentioned; 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 salve, and for other purposes; an act to authorize the administrator of John Watt, deceased, to sell certain real estate therein named; an act to legitimate a certain person therein named, and for other purposes


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and, an act to establish the temporary seat of justice, in the county of Decatur, and for other purposes all of which were accordingly signed by Mr. President.

Mr. Davis moved fill till the first blank, in the 8th section of the bill to be entitled an act to provide for assessing and collecting the taxes of this state, with "25 per centum," the second blank with "twelve," the third blank with "seven," the fourth blank with "six," and the fifth blank with "three per centum," and on the question being put, it was decided in the affirmative. The question was then put, "shall this bill pass," and decided in the affirmative. Ordered, that the Secretary inform the House of Representatives thereof, and desire their concurrence.

A message from the House of Representatives, by Mr. Williamson, a member 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, an act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned, in which they desire your concurrence; also, an act to repeal so much of the third section of 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 is herein specified; an act to appoint commissioners to contract for, and superintend the buildings in the county Wilcox; an act amendatory of an act to incorporate the town of Sparta, and for other purposes, passed 3d Dec. 1821; an act to authorize the county court of Butler county, to compensate the commissioners heretofore appointed to fix the seat of justice for said county, and for other purposes; and, an act authorizing a lottery for the benefit of building an academy in town of Montgomery all of which originated in your honorable body.

A bill from the House of Representatives, 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 part of said acts, as are repugnant to the provisions of this act, was read the second time. Mr. Gause moved to strike out the 19th section of said bill; and on the question being put, it was decided in the negative. Mr. Casey offered the following proviso, as an amendment to the 10th section of said bill: "and provided also, that no director, stockholder, or other person, shall have a greater credit in said bank, or in any of its branches than_____ dollars;" and on the question being put on the adoption of said amendment, it was decided in the negative Yeas 7, nays 13.

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

Messrs. Casey, Deveraux, Hanby, May, Trotter, and Ware.

Those who voted in the negative, are

Mr. President, Conner, Davis, Dennis, Elliott, Garth, Gause, Gaines, Lucas, Lanier, McVay, Rose, and Wingate.

Ordered, that said bill be made the order of the day, for a third reading on to-morrow.

An engrossed bill to be entitled, an act to alter the boundaries of Bibb and Perry counties, was read the third time and passed. Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.


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Mr. Garth moved to reconsider the vote of the Senate on the passage of the bill to be entitled, an act to extend to justice's of the peace jurisdiction in pleas of trespass in certain cases; and on the question being put, it was resolved in the negative.

A message from His Excellency, the governor, by J. J. Pleasants, Esq. secretary of state:

Mr. President, and gentlemen of the Senate; I am instructed by His Excellency, the governor, to inform you, that he did on the 12th instant approve and sign, 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 cessions of certain parts of their territory; an act supplementary to the several acts in relation to highways, bridges and ferries; an act to authorize a lottery for the purpose of building a bridge over Prairie creek, in the county of Greene; 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 of imperfections which may exist in the statutes of this state; an act in relation to the Spanish records in the county of Mobile; an act to provide for transcribing and transferring certain records from Mobile to Baldwin county; an act to alter the times of holding the county courts of Franklin county; an act to establish certain election precincts in the counties therein named, and for other purposes; an act to amend the act to incorporate the city of Mobile, passed on the 17th December, 1819; an act to establish a ferry and appoint commissioners to lay out a road therein named: And on this day, an act to establish the temporary seat of justice in the county of Decatur, and for other purposes; all which originated in this honorable body.

On motion, the Senate concurred in the resolution of the House of Representatives, proposing to go into the election of a judge and solicitor of the sixth circuit, and judges of the county courts in such counties where vacancies exist, this evening at 6 o'clock P.M. Ordered, that the secretary notify 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.

Mr. Gause from the committee on enrolled bills reported, that said committee had examined, 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 is herein specified, and found the same duly enrolled; which was accordingly signed by Mr. President.

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 to alter and amend the several acts now in force, organizing the militia of this state, Mr. Davis in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Davis reported, that the committee of the whole had according to order, had said bill under consideration, and had directed him to report the same as amended.


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The question was put, "will the Senate concur in the amendments made by the committee of the whole to said bill." And decided in the affirmative--- yeas 10, nays 9.

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

Mr. President, Casey, Chambers, Dennis, Gause, Hogg, May, Rose, Trotter, Ware, Those who voted in the negative, are

Messrs. Conner, Davis, Deveraux, Elliott, Garth, Hanby, Lucas, Lanier, McVay.

On motion, ordered that said bill lie on the table.

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

Mr. President; I am instructed by the House of Representatives, to inform your honorable body, that they have read the third time and passed, an act to appoint commissioners for certain counties therein named, and for other purposes, which originated in your honorable body, and that they have amended the same by three additional sections; in which they desire your concurrence.

A message was received from His Excellency the Governor, informing the Senate that he did on this day approve and sign, 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 15 day of June 1821, as is herein specified, which originated in this house.

A message was received from the House of Representatives informing the Senate, that they had disagreed to sundry of the amendments made by the Senate to the bill to be entitled an act to provide for assessing and collecting the taxes of this state; and that they had agree to a part of the amendments made by the Senate to said bill.

Mr. Gause from the committee on enrolled bills reported, that said committee had examined an act declaring the Conecuh and Sepulgah Rivers public highways, and for other purposes, and found the same duly enrolled: Which was accordingly signed by Mr. President.

A message was received from the House of Representatives by Mr. Weedon, informing the Senate, that they had read a third time and passed an act expressive of the gratitude of the state of Alabama for the services rendered by Samuel Dale to this State.

Mr. Lucas from the committee on roads bridges and ferries, to whom was referred the petition of Edwin Lewis reported, a bill to be entitled an act authorizing Edwin Lewis to open and construct a road in Mobile county, which 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 a 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 concerning writs and executions was read the third time and passed. Ordered, that the title of said bill be as aforesaid, and that same be sent to the House of Representatives for their concurrence.

A bill from the House of Representatives to be entitled an act expressive of the gratitude of the state of Alabama for the services rendered by Samuel Dale to the state, was read the first time. On motion, the


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rule which requires all bills to be read on three several days was dispensed with and said bill was read the second and third time and passed.

Ordered, that the secretary inform the House of Representatives thereof.

On motion the Senate adjourned till half after six o'clock P.M.

Half passed six o'clock P.M.

The Senate met pursuant to adjournment.

Messrs. Perry and Graham informed the Senate that the House of Representatives were now ready to receive them in their chamber for the purpose of going into the election of a Judge and Solicitor of the sixth judicial circuit, and judges of the county courts to supply such vacancies as may exist.

Whereupon, the members of the Senate repaired to the Hall of the House of Representatives, and after taking the seats assigned the, Mr. President arose, and declared the object of the meeting.

Both Houses then proceeded to the election of the Judge of the sixth Judicial circuit, in and for the state of Alabama; Anderson Crenshaw, Marmaduke Williams, and John Edmondson being in nomination.

Those who voted for Mr. Crenshaw, are

Messrs. Casey, Chambers, Davis, Deveraux, Elliott, Gause, Lucas, May, and Wingate, (Reps.) Mr. Speaker, Anderson, Armstrong, Bagby, Carr, Clay, Craig, Dale, Davis, Duckworth, Evans, Elmore, Greening, Graham, Kennedy, Leake, Moore, Morton, Martin, McHenry, Norwood, Tagert, and Thompson-- 32.

Those who voted for Mr. Williams, are

Mr. President, Conner, Dennis, and Hanby. (Reps.) Messrs. Allen, Ayers, Barclay, Beene, Brown, Hardwicke, Jones, King, Magoffin, Perry, Skinner, Smith, Vining, and Weedon-- 18.

Those who voted for Mr. Edmondson, are

Messrs. Garth, Lanier, Rose, Trotter, and Ware.(Rep.) Messrs. Dabney, Edmondson, Fitzpatrick, Holderness, Murrell, Masterson, Pickett, Philpott, Parham and Williamson-- 15.

Neither having a constitutional majority, both Houses proceeded to ballot a second time for Judge of the sixth Judicial Circuit; Anderson Crenshaw and Marmaduke Williams in nomination.

Those who vote for Mr. Crenshaw, are

Messrs. Casey, Chambers, Davis, Devereux, Elliot, Gause, Lucas, May, Rose, Trotter, Ware, and Wingate. (Reps.) Mr. Speaker, Anderson, Armstrong, Bagby, Carr, Clay, Craig, Dale, Davis, Duckworth, Evans, Elmore, Fitzpatrick, Greening, Graham, Holderness, Kennedy, Leake, Murell, Masterson, Moore, Morton, Martin, McHenry, Norwood, Pickett, Parham, Tagert, and Thomason-- 41.

Those who voted for Mr. Williams, are

Mr. President, Conner, Dennis, Hanby and Lanier, (Rep.) Messrs. Allen, Ayers, Barclay, Beene, Brown, Dabney, Hardwick, Jones, King, Magoffin, Perry, Skinner, Smith, Vining, Weedon and Williamson-- 21.

Anderson Crenshaw, Esq. having a majority of both Houses, Mr. Speaker declared him duly elected Judge of the sixth Judicial Circuit.

Both Houses then proceeded to the election of a Solicitor of the sixth Judicial Circuit, Benjamin Fitzpatrick alone being in nomination: all the members present voting for him, Mr. Speaker declared him unanimously elected.

Both Houses then proceeded to the election of a Judge of the County Court for Henry county; David Caldwell alone being in nomination, and all the members present voting for him, Mr. Speaker declared David Caldwell unanimously elected.


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Both Houses then proceeded to the election of a Judge of the County Court for Pike county; Charles Shaw and Andrew Townsend being in nomination.

Those who voted for Mr. Shaw, are

Mr. President, Casey, Conner, Chambers, Davis, Deveraux, Dennis, Elliott, Garth, Hanby, Lucas, Lanier, May, Rose, Trotter, Ware and Wingate. [Reps.] Messrs. Anderson, Armstrong, Ayers, Bagby, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Davis, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Greening, Graham, Hardwick, Holderness, Jones, Kennedy, King, Leake, Magoffin, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Philpott, Perry, Parham, Skinner, Smith, Tagert, Thompson, Vining, Weedon and Williamson--- 63.

Those who voted for Mr. Townsend, are

Messrs. Gause, Hogg and McVay. (Rep) Mr. Speaker, Allen Montgomery, and Williamson--- 7.

Both Houses then proceeded to the election of a Judge of the County Court for Covington county; James R. Mobley alone being in nomination, and all the members present voting for Mr. Mobley, the Speaker declared him duly elected.

Both Houses then proceeded to the election of a Judge of the County Court of Decatur county; Hezekiah Bailes alone being in nomination, and all the members present voting for him, Mr. Speaker declared him duly elected.

The elections having been gone thorough, the Senate returned to their own chamber, and Mr. President resumed the chair.

Mr. Hanby moved that the bill to be entitled an act, to establish the permanent seat of justice in Blount county, be laid on the table until the first day of January next; and on the question being put, it was decided in the affirmative. Yeas 12, nays 6.

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

Mr. President, Chambers, Dennis, Elliott, Gause, Hanby, Hogg, Lucas, Lanier, McVay, Rose and Wingate-- 12.

Those who voted in the negative, are

Messrs. Casey, Davis, Deveraux, Garth, Trotter, and Ware-- 6.

Mr. Hanby obtained leave to withdraw all the papers in relation to the establishment of the seat of justice for Blount county.

On motion, the Senate adjourned till to-morrow morning at 10 o'clock.