Monday, December 3, 1821.

The Senate met pursuant to adjournment.

On motion of Mr. Gause, the rule which requires one days notice before the introduction of a bill, was dispensed with, and leave was granted him, to introduce a bill to be entitled an act, to authorize a lottery, for building an Academy in the town of Montgomery; 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.

Mr. Elliott, agreeably to notice, asked for, and obtained leave to introduce a bill to be entitled, an act to authorize the issuing of Treasury notes, and to vest authority in the Executive of this state, to apply a certain sum of money therein named, for the purpose of making such arrangements with the specie paying banks in this state, as may aid the credit and currency of the Treasury notes; 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 by its caption. Ordered, that said bill be committed to a committee of the whole House, and made the order of the day for to-morrow.

Mr. Elliott, agreeably to notice, asked for, and obtained leave to introduce a bill, to be entitled an act, more effectually to enforce the acts of the General Assembly of the 21st December, 1820, and of June 14th, 1821, in relation to roads within this state, 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.

Mr. McVay offered the following resolution: Resolved, that the judiciary committee be instructed to draft and bring in a bill, having for its object, the providing by law, for the people in future, to elect county Treasurers, county Surveyors, Coroners, assessors and Tax collectors, and the question being put on the adoption of said resolution, it was decided in the negative. Yeas 9, nays 12. The yeas and nays being called for,

Those who voted in the affirmative, are

Messrs. Conner, Chambers, Dennis, Hanby, Lucas, Lanier, McVay, May and Ware-- 9.

Those who voted in the negative, are

Mr. President, Casey, Davis, Deveraux, Elliott, Garth, Gause, Gaines, Hogg, Rose, Trotter and Wingate-- 12.

The Senate resumed the consideration in the bill to be entitled in


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act to fix the time for convening the General Assembly of this state. On motion, ordered that said bill lie on the table for the present.

On motion of Mr. Gause, the committee of the whole was discharged from the further consideration of the bill to be entitled an act to establish certain counties therein named, and for other purposes. Said bill was then read the 3rd time, and on the question "shall this bill pass." it was decided in the affirmative. Yeas 15, nays 4. The yeas and nays being called for,

Those who voted in the affirmative, are

Mr. President, Casey, Conner, Chambers, Deveraux, Dennis, Gause, Gaines, Hanby, Hogg, Lucas, Lanier, May, Rose and Wingate-- 15.

Those who voted in the negative, are

Messrs. Davis, Garth, McVay and Ware-- 4.

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

A bill from the House of Representatives, to be entitled an act to authorize the executor of Joseph Phillips, deceased, to sell and transfer certain certificates of land therein named, was read the third time and passed. Ordered, that the Secretary notify the House of Representatives thereof.

On motion, the committee of the whole was discharged form the further consideration of the bill to be entitled an act to amend the militia law of this state.

Mr. May proposed the following amendment to said bill:

"And be it further enacted, That the nineteenth Regiment of Alabama Militia be, and the same is hereby divided; and the second battalion of said Regiment shall constitute the 38th Regiment of the said militia, and the said Regiment shall be organized in the manner heretofore pointed out by law," which was adopted. Ordered, that said bill lie on the table for the present.

A bill from the House of Representatives, to be entitled an act, for the relief of Eugenio Campbell, tax collector of Lawrence county, for the year 1820, was read the third time and passed. Ordered, that the Secretary notify the House of Representatives thereof.

A engrossed bill to be entitled an act to amend the act to incorporate the city of Mobile, was read the third time and passed. Ordered, that the title of said bill be an act to amend the act to incorporate the city of Mobile; Ordered, that the secretary notify the House of Representatives thereof and request their concurrence.

An engrossed bill to be entitled an act supplementary to the several acts in relation to wills, intestates and guardians, was read the third time. Mr. Elliott proposed the following as an amendment to said bill by way of rider.

And be it further enacted, That whenever any execution, administrator, or guardian, shall become the purchaser of the whole or any part of the estate of their respective testator, intestate or ward, at public sale according to the provisions of the existing laws, such executor administrator, or guardian, shall within three days after such purchase, enter into bond, with good and sufficient security, in a sum sufficient


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cover the amount of the purchase money together with all such interest and costs as may accrue between the periods of purchase and payment, which bond shall be made payable to the judge of the county court, (or the chief justice of the county as the case may be) in which the bond may be taken, and to his successors in office. And in case of the failure of payment of the amount thereof when the same shall become due the same may, at any time thereafter, be prosecuted under the direction of the county court of the county in which the same may be taken.

Sec.      And be it further enacted, That if any executor, administrator guardian, after becoming the purchaser at public sale of the whole or any part of the estate of their respective testator, intestate or ward shall neglect or refuse to enter into bond and security, according to the provisions of this act, then the aforesaid purchase shall become null and void; and the county court of the county in which letters testamentary, letters of administrator or letters of guardianship, shall have been granted, hall forthwith, thereafter, issue a citation to be directed to the executor, administrator or guardian, becoming the purchaser as aforesaid, requiring him to show cause, within a reasonable time, (which shall be particularly specified in the citation) why his aforesaid letters testamentary, letters of administration, or letters of guardianship should not be revoked. Whereupon, unless, good cause be shown to the satisfaction of the county court issuing the citation, the said letters testamentary, letters of administration or letters of guardianship, shall be revoked and annulled.

On motion the rule which requires all amendments, by way of rider, to be read on three several days was dispensed with and sad amendment was read the second time. Ordered, that the same be engrossed for a third reading on to-morrow.

A Message from the House of Representatives by Mr. Dodson, their clerk.

Mr. President: In instructed by the House of Representatives to inform your honorable body, that they have read a third time and passed, an act to regulate the mode of issuing grants and patents in this state, in which they desire your concurrence.

An engrossed bill to be entitled an act, to establish certain election precincts therein named, was read the third time and passed; Ordered, that the title of said bill be an act to establish certain election precincts therein named, and for other purposes. Ordered, that the secretary notify the House of Representatives of the passage thereof and desire their concurrence.

An engrossed bill, to be entitled an act to establish a board of Internal Improvement, was read the third time, and on the question, "shall this bill pass?" it was decided in the affirmative. Yeas 15, nays 4.

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

Mr. President, Casey, Conner, Davis, Deveraux, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, Lanier, May, Rose, Trotter.

Those who voted in the negative, are Messrs. Garth, Lucas, McVay, Wingate.

Ordered, that the title of said bill be altered from a bill to an act to


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establish a board of internal improvement. Ordered, that the same be sent to the House of Representatives for their concurrence.

An engrossed bill to be entitled an act to authorize a lottery for building a bridge over prairie creek in the county of Greene, was read the third time and passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the House of Representatives for their concurrence.

An engrossed bill to be entitled, an act to amend the several acts regulating the proceedings in the courts of law and equity in this state, was read the third time.

Mr. Hogg proposed the following amendment to said bill, by way of rider.

"And be it further enacted, That so much of an act passed at Huntsville on the 17th day of December 1819, to prevent frauds, and fraudulent combinations in the same of public lands within this state, as directs that no person shall be convicted on the evidence alone of either party concerned in any contract or agreement mentioned in this act, be and the same is hereby repealed." Ordered, that said bill, with the amendment, lie on the table.

A bill from the House of Representatives to be entitled, an act to amend an act entitled an act to incorporate the Indian creek navigation company, was read the second time, Ordered, that said bill be made the order of the day for a third reading on to-morrow.

A bill to be entitled, an act to restrain the emancipated of slaves and to prevent free persons of colour from coming into 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 day for to-morrow.

A bill to be entitled, an act to give fees to physicians in certain cases herein named, and to point out the mode of receiving their debts for services rendered, was read the second time. Ordered, that said bill be committed to a committee of the whole house forthwith.

The Senate, according to order, resolved itself into a committee of the whole of said bill, Mr. Gause in the chair; and after some time spent therein the committee rose, Mr. President resumed the chair, and Mr. Gause reported, that the committee f 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. Elliott moved, that the further consideration of said bill be indefinitely postponed; and on the question being put, it was decided in the affirmative--- yeas 12, nays 9. The yeas and nays being called for, those who voted in the affirmative, are.

Mr. President, Casey, Chambers, Davis, Deveraux, Elliott, Garth, Lucas, May, Rose, Trotter, Wingate.

Those who voted in the negative, are

Messrs. Conner, Dennis, Gause, Gaines, Hanby, Hogg, Lanier, McVay, Ware.

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 authorizing a lottery for the making of a turnpike road leading from the city of Mobile to Chickasaw bogue creek in the county of Mobile, and for other purposes: an act for the relief of John


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McShan and William McShan of Jefferson county; an act to establish the seat of justice in the county of Shelby; an act to establish additional election precincts in certain counties therein named, and for other purposes; an act for the relief of John Bishop; an act to authorize William Crawford and Co. of Franklin county to build a mill and other water works on the Tennessee river, and for other purposes; and act to incorporate the town of Sparta and for other purposes; an act declaring the Mulberryfork, of Tuskaloosa navigable from its junction with the Sipsiefork to Baltimore; all of which were accordingly signed by Mr. President.

A message from his Excellency, the Governor, by James J. Pleasants, Esquire, 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 declaring the Mulberry fork of Tuskaloosa river, navigable from its junction with the Sipsie fork to Baltimore; which originated in this honorable body. On motion, the Senate adjourned till 3 o'clock., P.M.

3 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 duly enrolled, viz: an act allowing compensation to William Dunn, for examining the Tuskaloosa river, above the town of Tuskaloosa; an act appointing commissioners to lay out a certain road therein designated; an act to incorporate the murder creek Navigation Company; and, an act supplementary to an act, entitled an act for the collection of monies due the state, and for other purposes, passed 16th December, 1820; which were accordingly signed by Mr. President.

Mr. Rose presented the petition of sundry citizens of Autauga and Montgomery counties, praying for the passage of a law authorizing ______ to receive toll for building a bridge across ______ creek, which was referred to a select committee; whereupon, Messrs. Rose, Dennis and May were appointed said committee.

On motion, the bill to be entitled an act to amend the militia laws of this state, was taken up. Mr. Garth proposed the following amendment to said bill:

"And be it further enacted, That the sixty Regiment is divided; and the eastern Battalion shall be the 6th Regiment, and the western Battallion shall be the 39th Regiment of the militia of this state, and it shall be lawful for the officers of the 6th and 39th Regiments to alter the line dividing said Regiments;" which was adopted.

Mr. Gause proposed the following amendment to said bill:

"And be it further enacted, That the first Battalion of the 24th Regiment of this state shall hereafter compose one Regiment, which shall be know as the 30th Regiment of militia of this state.

"And be it further enacted, That it shall be the duty of the Brigadier General of the seventh Brigade of the militia of this state and he is hereby required, to hold or cause to be holden, an election at the house ??? Ashley, on the first Monday in march next, for a Colonel of ??? regiment, conformably to the militia laws now in force in the


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state; whose duty it shall be, so soon as he is commissioned, forthwith to organize and officer said Regiment.

"And be it further enacted, That the Colonel of the 24th Regiment be, and he is hereby authorized and required, to hold or cause to be holden, an election to fill such vacancies as may happen by said division, if any;" which was adopted. Ordered, that said bill be made the order of the day, for a third reading on to-morrow.

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 read the third time and passed, an act to appoint commissioners to lay out certain roads therein specified, and for other purposes, in which they desire your concurrence.

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 supplementary to the act entitled, an act to suppress duelling, passed 14 December, 1819, Mr. Casey in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Casey reported, that the committee of the whole had, according to order, had said bill under consideration, and had directed him to report the same with amendments. 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 negative. Said bill was then read the third time, as received from the House of Representatives, and passed. Ordered, that the secretary notify the House of Representatives thereon.

A bill from the House of Representatives, to be entitled, an act appointing commissioners to lay out certain roads therein specified, and for other purposes, was read the first time. On motion, the rule which requires all bills to be read on three several day, was dispensed with, and said bill was read the second time. Ordered, that the same lie on the table.

A bill from the House of Representatives to be entitled, an act to regulate the mode of issuing grants and patents in this state, was read the first time. On motion, the rule which requires all bills to be read in three several days was dispensed with, and said bill was read the second time by its caption. Ordered, that said bill be made the order of the day for a third reading on to-morrow.

A bill to be entitled, an act providing for certain officers, was read the second time. Ordered, that said bill be engrossed and made the order of the day for a third reading on to-morrow.

A bill from the House of Representatives, to be entitled, an act respecting rents, was on motion, ordered to lie on the table.

A message from the House of Representatives, by Mr. Clay, 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 legalizing certain sales of land and lots therein named, and for other purposes.

A bill from the House of Representatives, to be entitled, an act legalizing certain sales of land and lots therein named, and for other pur-


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poses, 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 secretary inform the House of Representatives thereof.

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