Monday, December 17th, 1821.

The Senate met pursuant to adjournment.

Mr. Gause moved that the Senate insist upon their amendment to


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the bill to be entitled an act to fix the permanent seat of justice in the county of Montgomery; and on the question being put, it was decided in the affirmative, Ordered, that the Secretary inform the House of Representatives thereof.

Mr. Gause moved to reconsider the vote of the Senate, on receding from the amendment to the bill to be entitled an act for the punishment of malicious mischief; and on the question being put, it was decided in the affirmative. Mr. Elliott moved that the Senate insist on their amendment to said bill, by striking out the proviso at the end thereof; and the question being put, it was resolved in the affirmative. Ordered, that the Secretary inform the House of Representatives thereof.

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 in relation to the banking institutions in this state; an act for the relief of William B. Allen, State Printer; an act for the relief of John Easly; an act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned, memorial to Congress, on the subject of connecting the waters of the Tennessee river with those of the Alabama; an act to raise a revenue for the support of government, for the year 1822; resolutions instructing our Senators and Representatives in Congress in relation to the census of this state which were accordingly signed by Mr. President.

The Senate took into consideration, the bill to be entitled, an act to establish a State University. Mr. Davis moved to strike out the 15th section of said bill, and insert in lieu thereof, the following:

"Sec. 15. And be it further enacted, That the said trustees of the University of Alabama, upon receiving from any purchaser of an tract or parcel of the land, which they are authorized to sell as aforesaid, the one fourth part of the purchase money, so requires to be paid as aforesaid, shall issue to such purchaser a certificate, that the purchase of such tract of land has been made by such purchaser, that he has paid the fourth part of the purchase money, and declaring that upon the (the amount of each of which instalments shall be specified in such certificate,) they will convey such tract of land to such purchaser, or his heirs, executors, administrators, or assigns; and should such purchaser assign such certificate, the assignee shall possess all the rights which may have been vested in his assignor.

"Sec. 16. And be it further enacted, That should any person who may purchase any tract of land from the said trustees as aforesaid, or the assignee of such purchaser, fail to make punctual payment of the amount of any one of the instalments which may become due on said tract of land, the land shall be absolutely forfeited to the said trustees, with the money paid thereon; and the said trustees may, and they are hereby authorized, after the expiration of three months from the time of such forfeiture, to dispossess any person or persons whom may be in possession of such tract of land, by the writ of unlawful detainer: Provided, that such purchaser or his assignee may, at any time within three months after the time at which the first instalment may fall due, which


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such purchaser or his assignee may fail to pay as aforesaid, execute a bond or bonds with good and sufficient security, for the payment of each of the instalments which may remain unpaid by the times they shall respectfully become due: and in such case, the land shall remain in the possession of such purchaser, his or her assignee: And provided also, that should the said trustees be unable to collect the monies which may become due on the bond or bonds which may be given in the manner herein before required, by reason of the insolvency of the obligors, or for other cause, then said trustees may direct an execution which may be sued out on any judgement which they may recover on any such bond, to be levied on such land which shall be sold by virtue of such execution; and said trustees shall convey such land to the purchaser at such sale, and the proceeds of such sale shall be applied in the first place to the payment of the whole amount which may be due to the said trustees for the said land, either by virtue of the judgment on which such execution may be sued out, or of any lands which they may hold for other instalments, and the remainder of such proceeds, after paying costs & shall be paid over to such purchaser or his assignee, who may be entitled to receive the same.

And on the question being put, on striking out said section, and inserting in lieu thereof, the preceding amendment it was decided in the affirmative. Yeas 13, nays 6.

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

Messrs. Casey, Conner, Davis, Deveraux, Dennis, Elliott, Gause, Gaines, Lucas, McVay, May, Trotter and Ware.

Those who voted in the negative, are.

Mr. President, Chambers, Garth, Hogg, Lanier and Wingate.

Mr. Elliott proposed to amend the additional section offered by Mr. Casey to said bill, by inserting after the words "And be it further enacted,: the following: "that each and every of the trustees aforesaid, shall enter into bond with good and sufficient security, in the sum of _____ dollars, payable to the state of Alabama, conditioned for the faithful discharge of the trust and duties reposed in, and confided to them by this at, which bond shall be entered into by the trustees appointed in the several judicial circuits, in the circuits in which such trustees reside before the presiding Judge of such circuit, and by him be forthwith transmitted to the Secretary of state, for the purpose of being filed in his office: Provided nevertheless, that should any of the Judges of the several Circuit Courts be elected a trustee as aforesaid, he shall enter into bond as required by this act, before a Judge of any of the circuits adjacent to him; which said bond, or bonds, may be prosecuted to judgement, and recovery be had thereupon in the name of the state of Alabama, against any, and all persons contravening the condition of any such bond or bonds:" which was adopted. Said bill was then read the third time as amended.

Mr. Elliott moved to fill the blank in said amendment with the words "fifty thousand;" and on the question being put, it was decided in the affirmative. Mr. Casey offered the following amendment to said bill by way of rider.


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"And be it further enacted, that the trustees elected, shall meet at _____on the first Monday of April next, and shall proceed to make the appointments contemplated by this act : Provided, that a majority shall make the appointments: And provided also, that the appointments shall not be made until 2 o'clock on the Thursday of said week, unless all the trustees elected shall meet previous to that time, then and in that case, the appointments may be made sooner;" 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 time and adopted.

Mr. Chambers moved to fill the blank in said amendment with the words: "the town of Tuskaloosa;" and on the question being put, it was decided in the affirmative. The question was then put "shall said bill pass?" and decided in the affirmative yeas 15, nays 5.

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

Mr. President, Casey, Conner, Chambers, Deveraux, Elliott, Gause, Gaines, Hanby, Hogg, Lanier, May, Trotter, Wingate.

Those who voted in the negative, are

Messrs. Davis, Garth, Lucas, McVay, Ware.

Ordered, that the secretary inform the House of Representatives thereof, and ask their concurrence in the amendments made thereto.

A message was received from the House of Representatives, by Mr. Armstrong, informing the Senate, that they had read the third time and passed, a bill to be entitled, an act authorizing Edwin Lewis to open and construct a road in Mobile county, which originated in the Senate, and that they had made sundry amendments thereto; in which they desire the concurrence of the Senate.

A message from the House of Representatives, by Mr. Dodson, their clerk: Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that they insist on their amendment to the bill authorizing the issuing of treasury notes, &c. Mr. Elliott, from the select committee, appointed to take into consideration the subject of memorializing the Congress of the United States in relation to the annexation of West Florida to this state reported a resolution in relation to the annexation of that part of West Florida which lies West of the Apalachicola river; which was read the first time. On motion, the rule which requires all joint resolution was read the second time. On motion, the rule was further dispensed with, and said resolution was read the third time and passed--- yeas 17, nays 2.

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

Mr. President, Casey, Chambers, Deveraux, Dennis, Elliott, Gause, Gaines, Hogg, Lucas, Lanier, McVay, May, Trotter, Ware, Wingate.

Those who voted in the negative, are

Messrs. Davis, Garth.

Ordered, that the title be as aforesaid. Ordered, that the Secretary notify the House of Representatives thereof, and ask their concurrence. Mr. Garth obtained leave to spread his reasons upon the journal, for voting against the passage of said resolution, which are as follows, viz:


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I, Jesse Winston Garth, Senator from Morgan, enter the following reasons for voting against the resolution, memorializing Congress to annex West Florida to this state; that the territory is sufficient for probably ten or twelve new counties, and from the course pursued this session of the Legislature, new counties are made where the population is admitted, not to pay taxes sufficient to pay the usual assessing and collecting; should this course again be pursued, it will cause the expense of two or more judicial circuits in this state, which already has taxes sufficiently high. But, if the said territory is not annexed, it is probable by the existing taxes on property, in a few years the state will be able to dispensed with a poll tax, so desirable in a free government.

On motion, the Senate concurred in the amendment made by the House of Representatives to the act to appoint commissioners for certain counties therein named, and for other purposes. Ordered, that the Secretary notify the House of Representatives thereof.

An engrossed bill to be entitled an act to amend an act to incorporate the town of Selma, in the county of Dallas, was read the third time 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 repeal in part and amend an act, entitled an act to reduce into one, the several acts concerning roads, bridges, and ferries, 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 said bill be committed to a committee of the whole House and made the order of the day for to morrow.

A resolution from the House of Representatives, concerning the printing of the journals and laws of the present General Assembly, was 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 resolution was read the second and third times and passed. Ordered, that the Secretary inform the House of Representatives thereof.

On motion of Mr. Chambers, the following resolution was adopted: Resolved by the Senate, that a committee of three members be appointed on the part of the Senate, to act with such committee as may be appointed on the part of the House of Representatives, to wait on Samuel dale, Esq. for the purpose of informing him, that the General Assembly have appointed him a Brevet Brigadier General, with half the pay for life of a Colonel of the United States army; whereupon, Messrs. Chambers, Conner, and Elliott, were appointed a committee on the part of the Senate. Ordered, that the secretary inform the House of Representatives thereof, and desire their concurrence.

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 in relation to the annexation to this state, of that part of Florida, which lies west of the Apalachicola river, which originated in this House.

A bill from the House of Representatives, to be entitled an act for the relief of Thomas H. Kirby, tax collector for Jackson county for


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the year 1820, 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 inform the House of Representatives thereof.

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

Mr. President: The House of Representatives agree to the amendments made by the Senate, to the act concerning jurors, and for other purposes.

They recede from their disagreement to the amendments made by the Senate, to the act to fix the permanent seat of justice for the county of Montgomery; they also recede from their disagreement to the amendments made by the Senate, to the act for the punishment of malicious mischief.

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, was taken up. Mr. Casey moved to strike out the name of Lawrence county in said resolution; and on the question being put it was decided in the affirmative. Said resolution was then read the third time and amended and passed. Ordered, that the same be sent to the House of Representatives for their concurrence.

A bill from the House of Representatives, to be entitled an act to repeal in part the forty-third section of an act to organize the militia of this state and to substitute an amendment thereto was, read the third time and passed. Ordered, that the secretary inform the House of Representatives thereof.

On motion the committee of the whole was discharged from the further consideration of the bill to be entitled an act to prevent free persons of color from coming into this state. Said bill was then read the third time and on the question "shall this bill pass?" it was decided in the negative, yeas 4, nays 15.

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

Messrs. Casey, Conner, Gause, and Ware.

Those who voted in the negative, are

Mr. President, Chambers, Davis, Deveraux, Dennis, Elliott, Garth, Gaines, Hogg, Lucas, Lanier, McVay, May, Trotter, and Wingate,

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 divorce Sarah M. Bracken from her husband James A. Brachen, in pursuance of the decree of the circuit court of Franklin county, exercising chancery jurisdiction, an act to amend an act entitled an act to establish the temporary seat of justice in certain counties therein named; an act to extend the time for collecting the tax and for making returns, to the persons therein named; an act to alter and amend the several acts now in force, organizing the militia of this state; and 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 the 14th day of June last, an act to provide for assessing and collecting the taxes of this state, and


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an act to appoint commissioners to lay out certain road therein named and for other purposes; which were accordingly signed by Mr. President.

On motion the committee of the whole was discharged from the further consideration of the bill to be entitled an act prescribing the manner of changing the venue in criminal cases, and for other purposes. Said bill was then read the third time and passed, Ordered, that the secretary inform the House of Representatives thereof.

A bill from the House of Representatives to be entitled an act to regulate proceedings in chancery courts was read the first time. Mr. Garth moved that, said bill lie on the table, till the first, day of January next and on the question being put it was decided in the affirmative. Mr. Gause obtained leave to introduce a bill to be entitled an act altering and amending an act entitled an act to form a sixth judicial circuit, and for other purposes, 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 and third time and passed. Ordered, that the same be sent to the House of Representatives, for their concurrence.

A bill from the House of Representatives, to be entitled an act authorising the Judge of the county court and the commissioners of the roads and revenue, of Butler county, to leave an extra tax for building a court house and jail in and for said county, and for other purposes 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. Mr. Garth proposed an amendment to said bill by way of rider, authorizing the county court of Monroe county to levy a tax not exceeding thirty seven and a half per centum on the amount of the state tax, for the purpose of paying for the erection of a court house and jail in said county: 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 time and adopted. The question was then put "shall this bill pass?" and decided in the affirmative. Ordered, that the same be sent to the House of Representatives for their concurrence.

On motion, the Senate concurred in the amendments made by the House of Representatives to the bill to be entitled, an act to authorize Edwin Lewis to open and construct a road in Mobile county. Ordered, that the secretary inform the House of Representatives thereof.

On motion, the bill to be entitled, an act to prevent the circulation of small notes, commonly, called change bills, was taken up and read the second time. Ordered, that said bill lie on the table.

Mr. Elliott moved, that the Senate, insist upon their disagreement to the amendments made by the House of Representatives to the bill to be entitled, an act to authorize the issuing of treasury notes, &c. by adding two additional sections thereto. And on the question being put, it was resolved in the affirmative. Ordered, that the secretary inform the House of Representatives thereof.

Mr. Casey moved, that a committee be appointed on the part of the Senate to confer with such committee as may be appointed on the part


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of the House of Representatives, on the subject of the disagreement between the two houses, in relation to said amendments; and on the question being put, it was resolved in the affirmative: Whereupon, Messrs. Casey, Lucas, Hogg and Elliott, were appointed said committee. Ordered, that the secretary inform the House of Representatives thereof, and ask their concurrence.

Mr. Wingate, from the committee on enrolled bills reported; that said committee had examined an act to amend the several acts in relation to the establishment of the bank of the state of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act; and found the same duly enrolled; which was accordingly signed by Mr. President.

On motion the Senate adjourned till three 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 the following acts and found the same correctly enrolled, to wit: an at to fix the permanent seat justice for the county of Montgomery; an act concerning jurors, and for other purposes; and, an act for the punishment of malicious mischief; which were accordingly signed by Mr. President.

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 a resolution returning the thanks of the legislature to Jeremiah Austill, for his heroic exertions, during the late creek war, and particularly for his gallant conduct when in the company with Brevet Brigadier General Dale, in the canoe action, on the Alabama river; in which they desire your concurrence. They concur in the resolution of the Senate, proposing a joint committee of both houses to wait on Samuel Dale, Esq. and inform him, that this legislature have appointed him a Brevet Brigadier General, with half pay for life of a colonel in the United States army.

Resolution from the House of Representatives, returning the thanks of the legislature to Jeremiah Austill, for his heroic exertions during the late Creek War, and particularly for his gallant conduct when in company with Brevet Brigadier General Dale, in the canoe action on the Alabama river; was read the first time. On motion, the rule which requires all joint resolutions to be read on three several days ways dispensed with, and said resolution was read the second and third time and passed. 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 to make appropriations for the year 1822; in which they ask the concurrence of the Senate.

A bill from the House of Representatives to be entitled, an act to make appropriations for the year 1822, 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 proposed the following amendment to said bill:


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"And be it further enacted, That the sum of fifty three dollars and thirty four cents, be appropriated for the payment of William and A. Trigg."

"And be it further enacted, that the sum of nine dollars and eight one and three fourth cents, be appropriated for the payment of George A. Thrash, for taxes overpaid; which was adopted. Mr. Garth offered the following amendment to said bill:

"And be it further enacted, that the sum of one hundred and thirteen dollars and eight seven cents be appropriated to Matthew W. McClellan, for stationary and wood for the Senate, during the present session; and, that the sum of _____ dollars be allowed Matthew W. McClellan for taking charge of the state house, until the meeting of the next general assembly; and that the comptroller draw his warrant on the treasury for that amount;" which was adopted. Mr. Chambers moved to fill the blank in said amendment, with the word "fifty;" and on the question being put, it was 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 ask their concurrence.

A message from the House of Representatives, by Mr. Philpott:

Mr. President; The House of Representatives agree to the amendments made by the Senate to the 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. They also, agree to the amendments to the act to authorize the judge o the county court, and commissioners of the roads and revenue, of Butler county, to levy an extra tax.

Mr. Chambers from the joint committee, appointed to wait on Samuel Dale, Esq. and inform him, that this legislature have appointed him a Brevet Brigadier General, with half pay for life of a colonel in the United States army, reported, that said committee had performed that duty, and received the following reply:

"Gentlemen; Permit me, through you, to return the legislature my unfeigned acknowledgments, for the honor they have been pleased to confer upon me, in bestowing upon me the appointment of Brevet Brigadier General of the Militia of this state.

"It will be a source of unfailing pleasure to me, to reflect, that although I have experienced the vigor of a strong constitution, in discharging the arduous duties to which I have been subjected, it has been my peculiar good fortune to meet with the approbation of my fellow citizens. And permit me to assure you, that while it shall please divine providence to enable me gratitude for the expression of public confidence, which you have this day made, shall stimulate me to the exercise of my best exertions for the good of may country, And will you gentlemen, accept my sincere thanks, for the marked and polite manner, in which you have conveyed to me the sense of the legislature upon the present occasion.

(Signed,)    SAML. DALE.

To Messrs. Chambers Elliott and Conner, committee, &c.

A bill from the House of Representatives, to be entitled, an act to


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amend the law regulating the proceedings upon the claims of property under execution, was read the first time. Mr. Garth moved, that the further consideration of said bill be postponed, until the 1st day of January next, and on the question being put, it was decided in the affirmative.

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 to make appropriations for the payment of certain claims against the state; in which they desire the concurrence of the Senate.

A bill from the House of Representatives, to be entitled, an act to make appropriation for the payment of certain claims against the state, 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. Garth moved, to strike out the word "sixteen," in the paragraph of said bill which relates to the payment of John Sibley, an insert in lieu thereof, the words "thirty dollars and fifty cents;" and on the question being put, it was decided in the affirmative. Said bill was then read the third time and passed.

A message was received from the Governor, by J. J. Pleasants, Esq. Secretary of state, informing the Senate, that he did on this day, approve and sign, an act to alter the boundaries of Bibb and Perry counties; resolution allowing the comptroller, two hundred and fifty dollars in addition to his present salary; resolution in relation to the road from Uchee bridge to Line creek; an act for the relief of Wm. B. Allen, State Printer; an act concerning writs, and executions ; an act in relation to the banking institutions, in this state; and, an act authorizing Abraham Skidmore and others, to sell certain real estate.

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

Mr. President; the House of Representatives have agreed to the first, second, fourth, and fifth amendments made by the Senate, to the act supplementary to an act to establish a State University; and have disagreed to the third amendment, and have made sundry amendments to the last amendments made by the Senate to said bill; in which they desire your concurrence.

A message from the House of Representatives, by Mr. Greening:

Mr. President; I am instructed by the House of Representatives, to inform your honorable body, that they have appointed on their part. Messrs. Williams, Moore, Greening, and Martin, as a committee to meet the committee on the part of the Senate, to confer on the subject of the last amendment made by the House, to the bill to be entitled an act to authorize the issuing of Treasury notes, &c.

A message was received from the House of Representatives, by Mr. Philpott, informing the Senate, that they had read the third time and passed, an act for the relief of Thomas Eastin; which originated in this House.

Mr. Casey moved that the Senate concur in the amendment made by the House of Representatives to their amendments to the bill to be entitled an act supplementary to an act to establish a State University; and on the question being put, it was decided in the affirmative. Yeas 13, nays 5.


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

Messrs. Casey, Conner, Chambers, Davis, Deveraux, Dennis, Elliott, Garth, Gause, Hogg, May, Trotter, and Wingate.

Those who voted in the negative, are

Mr. President, Lucas, Lanier, McVay, and Ware.

Mr. Casey then moved that the Senate recede from their amendments to said bill, to which the House of Representatives disagree; and on the question being put, it was resolved in the affirmative. Ordered, that the Secretary inform the House of Representatives thereof.

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