Tuesday, December 18, 1821.

The Senate met pursuant to adjournment.

Mr. Gause, from the committee on enrolled bills, reported, that said committee had examined, an act for the relief of Thomas Eastin; resolutions in relation to the annexation of that part of Florida, which lies west of the Apalachicola river; an act authorizing Edwin Lewis, to open and construct a road in Mobile county, and for other purposes: and, an act to appoint commissioners for certain counties; therein named; land found the same duly enrolled; which were accordingly signed by Mr. President.

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

Mr. President; the House of Representatives disagree to the amendment made by the Senate, to the act to make appropriations for the payment of certain claims against the state.

Mr. Casey, from the committee of conference, on the subject of the last amendment made by the House of Representatives, to the act to authorize the issuing of Treasury notes, &c. made the following report:

The committee appointed on the part of the Senate, to confer with the committee appointed on the part of the Senate, to confer with the committee appointed on the part of the House of Representatives. on the subject matter of disagreement on the bill to be entitled an act to authorize the issuing of Treasury notes, &c. have met said committee, and have agreed to report to their respective Houses, the following modification.

To insert the word "printed" before the word "note" in the fourth line of the first section, proposed to be added; and before the word "note" and after to word "any" to insert the word printed, in the same section, seventh line.

In the second section proposed to be added, by inserting after the word "any," and before the word "bill," the word "printed," in the 5th line.

And in the fourth line from the close of said section, by inserting between the words "any" and "change," the word "printing," which was concurred in. Ordered, that the Secretary inform the House of Representatives thereof.

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

Mr. President; I am instructed by the House of Representatives to inform your honorable body, that they have amended the amendment of the Senate, in the third section of their amendments to be entitled an act to make appropriations for the year 1822, by striking out therefrom, the words "one hundred and thirteen dollars and eight seven


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cents," and inserting in lieu thereof, the words "one hundred and fifteen dollars and twelve and a half cents."

They have further amended the same section of the amendment, by striking therefrom, all that part that makes an appropriation to M. W. McClellan, and inserting the amendment herewith sent; in which amendments, they desire your concurrence.

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, to wit: an act to authorize the Judge of the County Court, and the commissioners of the roads and revenue, of Butler county, to levy an extra tax for building a court house and jail, in and for said county, and for other purposes; an act for the relief of Thomas H. Kirby, tax collector of Jackson county, for the year 1820; resolution concerning the printing of the journals and laws of the present General Assembly, and for other purposes; resolutions authorizing the tax collectors of the counties of Madison and Limestone, to pay into the Huntsville Bank, the amount of taxes due from their respective counties; an act to repeal in part and amend the 43d section of an act to organize the militia of this state, passed 20th December, 1820; an act prescribing the manner of changing the venue in criminal cases, and for other purposes; resolution returning the thanks of this Legislature to Jeremiah Austill, for his heroic exertions during the late Creek ware, and particularly for his gallant conduct, when in company with Brevet Brigadier General Dale, in the canoe action, on the Alabama river; which were accordingly signed by Mr. President.

Mr. Elliott moved to reconsider the voted of the Senate, on postponing the further consideration of the bill to be entitled an act to amend the law regulating the proceedings upon the claims of property under execution, till the first day of January next; and on the question being put, it was decided in the affirmative. Said bill was then read the second time. Mr. Elliott moved to amend said bill, by striking out the words the part claiming said property, and not upon," in the first 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.

On motion of Mr. Casey, the Senate concurred in the amendment made by the House of Representatives, to their amendment to the third section of the bill to be entitled, an act to make appropriations for the year 1822. Mr. Casey moved that the Senate concur in the last amendment made by the House of Representatives to said bill; and on the question being put, it was resolved in the negative.

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 this House concur in the report of the joint committee, appointed to confer on the amendments to the bill to be entitled an act to authorize the issuing of Treasury notes, &c.

They also concur in the message sent by your honorable body on that subject.


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Mr. Gause, from the committee on enrolled bills, reported, that said committee had examined an act supplementary to an act to establish a State University, and found the same duly enrolled; which was accordingly singed 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 repeal in part and amend an act entitled, an act to reduce into one the several acts concerning roads, bridges and highways, Mr. Elliott in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Elliott reported, that the committee of the whole had, according to order, had said bill under consideration, and had directed him to report the same without amendment, which was concurred in. Mr. Davis moved, to fill the first blank in said bill with the word "May," the second with "June," the third with "May," and the last with the word "ten;" and on the question being put, it was decided the affirmative. Said bill was then read the third time 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 disagree to the amendments made by the Senate, to the act to amend the law regulating proceedings upon the clams of property under execution. They also insist on their amendments to the amendment made by the Senate, to the act to make appropriations for the year 1822.

Mr. Garth moved, that the Senate, recede from their amendment to the act to amend the law regulating proceedings upon the claims of property under execution; and on the question being put, it was decided in the negative yeas 8, nays 10.

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

Messrs. Casey, Davis, Garth, Gause, McVay, Trotter, Ware, Wingate.

Those who voted in the negative, are

Mr. President, Chambers, Deveraux, Dennis, Elliott, Gaines, Hogg, Lucas, Lanier, May.

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

Mr. Casey moved, that the Senate recede from the amendment to the bill to be entitled, an act to make appropriations for the year 1822; and on the question being put, it was decided in the negative--- yeas 7, nays 12.

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

Messrs. Casey, Davis, Deveraux, Elliott, Garth, May, Wingate.

Those who voted in the negative, are

Mr. President, Conner, Chambers, Dennis, Gause, Gaines, Hogg, Lucas, Lanier, McVay, Trotter, Ware.

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

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 insist on their disagreement on the amendment made by the Senate, to the act entitled an act to amend


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the laws regulating proceedings upon the claims of property, under execution. They adhere to their amendment to the amendment of the Senate, to the bill to be entitled an act to make appropriations for the year 1822. The have also, read three times and passed, a resolution appointing an additional commissioners to fill the seat of justice for Decatur county, in which they desire the concurrence of the Senate. They have read the third time & unanimously passed, a memorial of the legislature of the state of Alabama, on the subject of the claims of Col. Samuel Dale; in which they also, desire your concurrence.

The following message was also received by Mr. Morton:

Mr. President; I am instructed by the House of Representatives to inform your honorable body, that they have adopted the following resolution, in which they desire your concurrence.

Resolved, that a committee be appointed on the part of this house, to act, jointly, with such committee as may be appointed on the part of the Senate, to inform His Excellency, the governor, that the two houses of the general assembly have gone through all the business before them; and if he has no further communication to make, will be ready to adjourn, sine die, at the hour of ___ o'clock this day; and, that they have appointed a committee on their part, to consist of Messrs. Morton, Smith, and Montgomery.

Mr. Elliott moved, that the Senate adhere to their amendment to the act entitled, an act to amend the laws regulating proceedings upon the claims of property, under execution; and on the question being put, it was decided in the affirmative yeas 5, nays 8.

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

Mr. President, Deveraux, Dennis, Elliott, Gaines, Hogg, Lucas, and May.

Those who voted in the negative, are

Messrs. Garth, Gaines, Lanier, McVay and Trotter.

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

On motion of Mr. Garth the Senate receded from their amendment to the bill to be entitled an act, to make appropriations for the payment of certain claims against the state. Ordered, that the Secretary notify the House of Representatives thereof.

A Resolution from the House of Representatives, appointing an additional commissioners to fix the seat of justice for Decatur county 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 time and passed. Ordered, that the secretary inform the House of Representatives thereof.

A memorial to Congress on the subject of the claims of Col. Samuel Dale, was read the first time. On motion the rule which requires all memorials to be read on three several days was dispensed with and said memorial was read the second and third time and passed, unanimously.

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

On motion of Mr. Garth, the Senate concurred in the resolution of the House of Representatives appointing a committee on their part to


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act with such committee as may be appointed on the part of the Senate, to inform His Excellency the Governor that the two Houses of the General Assembly have gone through their business and if he has no further communication to make will be ready to adjourn Sine die, at the hour of ____o'clock this day: whereupon, Messrs. Garth Casey and Deveraux, were appointed on the part of the Senate.

The survey & examination of the Buttahache river, made pursuant to the act of the General Assembly of the 16th June 1821 was this day reported by John D. Terrel Esq. which was read, and ordered, to lie on the table for the present.

A message from the House of Representatives by Mr. Dodson, their Clerk: Mr. President; I am instructed to inform your Honorable body that the House of Representatives concur in the amendment made by the Senate, to the 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 road, bridges and highways. They recede from their disagreement to the amendment made by the Senate, to the bill to be entitled an ac to amend the law regulating the proceedings upon the claims of property under execution.

Mr. Gause from the committee on enrolled bills reported, that said committee had examined an act to authorize the issuing of Treasury notes, an to vest authority in the Executive of this state, 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 and currency of the Treasury notes.

Mr. Casey from the joint committee appointed to wait on His Excellency, the Governor and inform him that the two houses of the General assembly have completed their business; and if the has no further communication to make will be ready to adjourn at the hour of ___o'clock this day, reported, that said committee had performed that duty, and received for answer from His Excellency that he would made a communication to the Legislature at their meeting tomorrow morning.

On motion the Senate adjourned till to-morrow morning at 9 o'clock.