Saturday, Dec. 15, 1821.

The Senate met pursuant to adjournment.

Mr. Hanby, from the committee on claims, to whom was referred the petition of Matthew D. Thomason, reported a resolution, appropriating to M. D Thomason _____ dollars for repairing the bank of the river, near the town of Cahawba; 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. Mr. Garth moved that the further consideration of said resolution, be indefinitely postponed; and on the question being put, it was resolved in the affirmative.

Mr. Lucas obtained leave to introduce a bill to be entitled an act making it the duty of the comptroller to issue printed warrants; 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. Mr. Casey offered to amend said bill by inserting the words "two, three," after the words "sums of," in the first section of said bill, which was agreed to. Mr. Hogg moved fill the bank in said bill, with the word "fifty;" and on the question being put, it was decided in the affirmative. On motion, the rule was further dispensed with, and said bill was read the third time and passed. Ordered, that the Secretary notify the House of Representatives thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled an act to fix the permanent seat of justice for the county of Montgomery, 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. Mr. Gause moved to strike out all of said bill after the enacting clause, and to insert in lieu thereof, an amendment, having for its object, the appointment of commissioners to fix the permanent seat of justice, for said county, and on the question being put it was


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decided in the affirmative. On motion, the rule which requires all bills to be read on three several, days was further dispensed with, and said bill was read the third time as amended, and passed. Ordered, that the Secretary inform the House of Representatives thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes, was taken up. Mr. Casey moved to strike out the names of "Benjamin Hatch, William L. Adams, and Garland Hardwick," in the 4th section of said bill, and insert in lieu thereof, the names of "Samuel Dale, James Magoffin, Josiah Thompson, and Jesse Thompson;" and on the questing being put, it was resolved in the affirmative. Mr. Casey then moved to strike out the names of "Josiah Thompson and Jesse Thompson," in the 5th section of said bill, and insert in lieu thereof, the names of "James Magoffin and Garland Hardwick;" and on the question being put, it was resolved in the affirmative. Mr. Dennis moved to strike out the name of "John Gandy," in the first section of said bill, and insert in lieu thereof, the name of "Amos Rowland," and on the question being put, it was resolved in the affirmative, Mr. Lucas moved to strike out the third section of sad bill; and on the question being put, it was decided in the affirmative, Said bill was then read the third time as amended, and passed. Ordered, that the Secretary inform the House of Representatives thereof, and desire their concurrence.

Mr. Chambers offered a resolution allowing the comptroller of public accounts, two hundred and fifty dollars in addition to his present salary, 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 and third times and passed, Ordered, that the Secretary inform the House of Representatives thereof, and desire their concurrence.

A message from the House of Representatives by Mr. Clay, a member thereof: Mr. President The House of Representatives have read a third time and passed, an act to alter the boundaries of Bibb and Perry counties; an act authorizing Abraham Skidmore and others, to sell certain real estate; resolutions in relation to the road from Uchee bridge to Line creek; all of which originated in your house. They have, also, read a third time and passed, a resolution authorizing the tax collectors of Madison, Limestone and Lawrence to pay into the Huntsville bank, the amount of taxes due from their respective counties; and an act for the relief of John Easley, in which they desire your concurrence. They disagree to your amendments, to the bill to be entitled, an act to alter and amend the several acts now in force organizing the militia of this state.

Mr. Hanby moved, that the Senate insist upon their amendment to the bill to be entitled, an act to alter and amend the several acts now in force organizing the militia of this state; and on the question being put, it was decided in the affirmative. Ordered, that the secretary inform the House of Representatives thereof.

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A bill from the House of Representatives, to be entitled, an act to repeal in part and amend an act entitled, an act to repeal in part and amend an act entitled, an act to regulate the proceedings in the courts of law and equity in this state, passed on the 14th day of June last, 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. Mr. Elliott proposed an amendment to said bill in relation to the jurisdiction of the county court of Mobile county; which was adopted. Said bill was then read the third time, as amended, and passed. Ordered, that the secretary inform the House of Representatives thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled, an act for the relief of John Easly; 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. Mr. Davis moved, to strike out all of said bill after the enacting clause, and insert in lieu thereof, an amendment which provides for the payment to the said John Easley the sum of fifty dollars out of any money in the county treasury of Lawrence county; which amendment was adopted. On motion, the rule which requires all bills to be read the third time, as amended, and passed. Ordered, that the secretary notify the House of Representatives thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled, an act to extend the time of collecting the tax and making returns to the persons therein named, was, on motion, taken up. Mr. Lucas proposed the following amendment to said bill:

"And be it further enacted, that the tax collector of Franklin county, shall be allowed until the first day of March next to make returns, and pay over amount into the treasury, Mr. McVay moved, to insert "Lauderdale county" after "Franklin county," in said amendment; and, on the question being put, it was decided in the negative. The question was then put on the adoption of the amendment proposed by Mr. Lucas, and decided in the affirmative. Mr. Elliott offered the following amendment to said bill.

"Sec. And be it further enacted, that this act so far as the same extends relief to the persons therein named, or so far as the same may effect their securities, shall be of no force of validity, unless the several persons embraced therein shall enter into bond with good and sufficient security, to be approved of by the judge of the county court of their respective counties, conditioned for the payment of the amount of taxes due from them respectively, into the state treasury, at the periods designated in this act; which was adopted. Mr. Casey moved a reconsideration of the voted of the Senate, on filling the blank in said bill in the section which relates to the tax collector of Lawrence county, with the words "15th day of February;" and on the question being put, it was resolved in the affirmative. Mr. Garth moved to fill said blank with the words "first day of April" and on the question being put it was decided in the affirmative. Said bill was then read the third time


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as amended and passed. Ordered, that the secretary inform the House of Representatives thereof and desire their concurrence.

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 passed, a bill to be entitled an act supplementary to an act to establish a State University; in which they desire your concurrence.

A message was received from the House of Representatives, by Mr. Morton informing the Senate that they had disagreed to the amendment made by the Senate to the act to fix the seat of Justice in the county of Montgomery.

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 a third time and passed; a resolution allowing to the Comptroller two hundred and fifty dollars in addition to his present salary; which originated in your honorable body. They insist upon their disagreement to the amendments made by the senate to an act to alter and amend the several act now in force organizing the militia of this State.

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

Half past three o'clock, P.M.

The Senate met pursuant to adjournment.

A bill from the House of Representatives to be entitled an act to divorce Sarah M. Barcken from her husband James A. Bracken, in pursuance of a decree of the Circuit court of Franklin county, 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 and third time, and passed by a constitutional majority. Yeas 10 nays 2.

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

Mr. President, Conner, Deveraux, Dennis, Elliott, Gaines, Hogg, Lucas, McVay, Wingate--10.

Those who voted in the negative, are

Messrs. Chambers, Trotter--2.

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

A message from the governor, by James J. Pleasants, secretary of state:

Mr. President, and gentlemen of the Senate; I am instructed by the governor to inform you, that he did, on this day, approve and sign, an act to authorize Peter Ross to establish a toll bridge across Big 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 the 14th day of June, 1821, in relation to roads within this state; an act providing for certain officers; an act to incorporate the town of Belle-Fonte in the county of Jackson; memorial to the Congress of the Unites States, praying that the restriction imposed by the act of Congress for our admission, exemption lands of the U. States from taxation for 5 years sold after the passage of said act, should be removed an act to authorize the county court of Butler to compensation the com-


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missioners heretofore appointed to fix the sat of justice for said county, and for other purposes; an act authorizing a lottery for the benefit of building an academy in the town of Montgomery; an act to appoint commissioners to contract for, and superintend the erection of the public buildings in the county of Wilcox; an act for the relief of Henry V. Chamberlain; an act to incorporate the Murder creek Navigation Company; an act to incorporate the town of Demopolis, in Marengo county; an act amendatory of an act to incorporate the town of Sparta, and for other purposes, passed December 3d, 1821; and, an act prescribing the mode by which a jury shall be drawn for the first Circuit Court for Pickens county.

A bill from the House of Representatives, to be entitled an act to amend an act to establish the temporary seat of justice, in certain counties 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 and third times and passed. Ordered, that the Secretary notify the House of Representatives thereof.

A bill from the House of Representatives to be entitled, an act prescribing the manner of changing the venue in criminal cases, and for other purposes, was read the first time. On motion, the rule which requires all bills to be read the second time. Ordered, that the same be committed to a committee of the whole House and made the order of the day for Monday next.

A bill from the House of Representatives to be entitled, an act supplementary to an act to establish a state University, 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. Mr. Chambers moved, to strike out the word "thirteen" in the first section of said bill, and insert in lieu thereof the words "two from each judicial circuit;" and on the question being put, it was decided in the affirmative. Mr. Chambers then moved to insert the words "and in half quarter sections" after the word "in" in the 14th section of said bill and on the question being put, it was decided in the affirmative. Mr. Casey proposed to amend said bill by adding an additional section thereto, to wit:

"And be it further enacted, that the same trustees shall have the power to appoint three persons, of their own body, whose duty it shall be to attend to the examination and sale of all the lands, to receive the money arising from the first payment, and to dispose of the same as the trustees may order and direct according to law: Provided, the said persons so appointed shall give bond and good security, to be approved of by the said trustees, for the faithful performance of their duty, and that they shall receive such compensation as may be allowed by the said trustees;" which was adopted. Mr. Lucas moved, to strike out the words :"seventeen dollars" in the 14th section of said bill, and insert in lieu thereof the words "twenty-five dollars;" and on the question being put, it was decided in the negative. Ordered, that said bill be made the order of the day for a third reading on Monday next.


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A message was received from the House of Representatives, by Mr. Morton; informing the Senate, that they had read the third time and passed, a resolution concerning the printing of the journals and laws of the present general assembly, and for other purposes; also, a bill to be entitled, an act to repeal in part and amend an act entitled, an act to reduce into one the several acts concerning, roads, bridges & highways; in which they desired the concurrence of the Senate.

A message was also, received by Mr. Morton, informing the Senate that the House of Representatives, had read the third time and passed, an act in relation to the banking institutions in this state; and, an act for the relief of William B. Allen, which originated in this house.

On motion, the bill to be entitled, an act to prevent free persons of color from coming into this state, was taken up and read the first time, Mr. Lanier moved, that the further consideration of said bill be indefinitely postponed; and on the question being put, it was decided in the negative--- yeas 7, nays 10.

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

Messrs. Deveraux, Dennis, Elliott, Gause, Lucas, Lanier, Wingate.

Those who voted in the negative, are

Mr. President, Casey, Conner, Davis, Gaines, Hogg, McVay, May, Trotter, Ware.

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 committed to a committee of the whole house and made the order of the day for Monday next.

Resolution from the House of Representatives, authorizing the tax collectors of Madison, Limestone and Lawrence to pay into the Huntsville bank the amount of taxes due from their respective counties, were read the first time. On motion the rule which requires all joint resolutions to be read on three several days, was dispensed with, and said resolutions were read the second time. Ordered, that said resolutions be made the order of the day for a third reading on Monday next.

Mr. Gause moved that the Senate insist upon their amendment to the bill to be entitled an act to fix the permanent seat of justice for the county of Montgomery; and on the question being put, it was resolved in the affirmative. Ordered, that the Secretary notify the House of Representatives thereof.

On motion of Mr. Davis, the Senate receded from their amendment to the bill to be entitled an act, to alter and amend the several acts now in force, organizing the militia of this state. Ordered, that the Secretary inform the House of Representatives thereof.

On motion, the Senate concurred in their amendment made by the House of Representatives, to the first section of the bill to be entitled an act to authorize the issuing of Treasury notes, and to vest authority in the Executive of this, to apply a certain sum of money therein mentioned, for the purpose of making such arrangements with the specie paying banks of this state, as may aid the credit of currency of the Treasury notes.

Mr. Elliott moved that the Senate disagree to the amendment made by the House of Representatives to said bill, by adding two additional sections thereto; and on the question being put, it was resolved in the


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affirmative. Ordered, that the Secretary notify the House of Representatives thereof.

A bill from the House of Representatives, to be entitled an act, to repeal in part, the 43rd section of an act to organize the militia of this state, and to substitute an amendment thereto, 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 Monday next.

A bill from the House of Representatives, to be entitled an act concerning jurors was read the third time. Mr. Elliott moved to reconsider the vote of the Senate on the third reading of said bill; and on the question being put, it was resolved in the affirmative. Mr. Elliott then moved to strike out the second section of said bill; and on the question being put, it was decided in the affirmative. Said bill was then read the third time as amended, and passed. Ordered, that the Secretary inform the House of Representatives thereof, and desire their concurrence.

Mr. Elliott moved that the Senate insist upon their amendment to the bill to be entitled an act for the punishment of malicious mischief, by striking out the proviso at the close thereof; and on the question being put, it was decided in the negative. Yeas 9, nays 9.

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

Messrs. Chambers, Davis, Deveraux, Dennis, Elliott, Gaines, McVay, May, and Ware.

Those who voted in the negative, are

Mr. President, Casey, Conner, Garth, Hogg, Lucas, Lanier, Trotter, and Wingate.

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

A message was received from the House of Representatives, by Mr. Morton, informing the Senate, that they had read the third time and passed, an act concerning executions, which originated in this House; also, an act for the relief of Thomas H. Kirby, tax collector of Jackson county, for the year 1820; in which they desire the concurrence of the Senate.

A message was received from the House of Representatives, by Mr. Allen, informing the Senate, that they insist on their disagreement to the amendments made by the Senate, to the bill to be entitled an act to fix the permanent seat of justice for the county of Montgomery.

Mr. Gause, from the committee on enrolled bills, reported, that said committee had examined the following acts and resolutions, and found the same duly enrolled, viz: an act authorizing Abraham Skidmore, and others, to sell certain real estate; an act to alter the boundaries of Bibb and Perry counties; resolutions in relation to the road from Uchee bridge to Line creek; and, a resolution allowing to the comptroller two hundred and fifty dollars in addition to his present salary; which were accordingly signed by Mr. President.

On motion, the Senate adjourned bill Monday morning at 9 o'clock.