Tuesday, December 4, 1821.

The Senate me pursuant to adjournment.

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 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 the mode of issuing grants and patents in this state, was read the third time and passed. Ordered, that the secretary acquaint the House of Representatives thereof.

A message from the House of Representative, by Mr. Hardwick:

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 establish a public road therein mentioned, and for other purposes, in which they desire your concurrence.

A bill to be entitled an act to authorize a lottery, for the benefit of building an Academy in the town of Montgomery, was read the first time. Mr. Gause moved to fill the blank in said bill, with the words "five thousand;" 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 words "a bill to be entitled." be stricken out. Ordered, that the same be sent to the House of Representatives for their concurrence.

The amendment to the bill to be entitled an act to amend the militia laws of this state, was read the third time and adopted. The question was then out, "shall this bill pass?" and decided in the affirmative. Ordered, that the Secretary acquaint the House of Representatives thereof, and desire their concurrence.

An engrossed bill to be entitled an act, more effectually to enforce the acts of the General Assembly of the 21st December, 1820, and June 14th, 1821, in relation to roads within this state, was read the third time and passed. Ordered, that the title of said bill, 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 provide for certain officers was read the third time and passed. Ordered, that the title of said bill be an act to provide for certain officers. Ordered, that the same be sent to the House of Representatives for their concurrence.

A bill to be entitled an act, supplementary to the several acts in relation to wills, intestates, and guardians, was read the third time as amended, and passed. Ordered, that the words "a bill to be entitled." in the title of said bill, be stricken out, and that the same be sent to the House of Representatives for their concurrence.

A bill to be entitled an act to authorize the issuing of Treasury notes


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and 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 in this state, as may aid the credit and currency of the Treasury notes, was on motion, ordered to lie on the table.

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 restrain the emancipation of slaves, and to prevent free persons of colour from coming into this state, McVay in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. McVay 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. On motion, ordered that said bill be committed to a select committee, to examine and report thereon: Whereupon, Messrs. Casey, Lucas, Chambers, and Elliott were appointed said committee.

A bill from the House of Representatives, to be entitled an act to establish a public road therein mentioned, and for other purposes, was read the first time. Ordered, that said bill be made the order of the day, for a second reading on to-morrow.

Mr. Lucas, from the select committee, to whom was referred the petition of sundry citizens of Montgomery and Autauga counties, reported, a bill to be entitled, an act to establish a ferry and appoint commissioners to lay out a road therein named; 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. Trotter presented the petition of Thomas Easten, accompanied by an account against to state for printing; which was read, and on motion referred to the committee on claims.

Mr. Rose, from the select committee, to whom was referred the petition of the inhabitants of Dallas and Autauga counties made the following report: "The committee to whom was referred the petition of the inhabitants of Dallas and Autauga counties, on Mulberry creek, have had the same under their consideration and report, that in their opinion the petition is reasonable and just and ought to be granted; and your committee further beg leave to introduce a bill to be entitled an act to authorize Peter Ross to establish a toll bridge across Big Mulberry creek between the counties of Dallas and Autauga;" which was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

The bill to be entitled, an act authorizing the sale of the college lands was taken up and on motion, the Senate resolved itself into a committee of the whole on said bill, 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 as amended. Mr. Davis moved to divide the question of concurring in the amendments made by the committee of the whole


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house to said bill, and on the question being put, it was resolved in the affirmative. The question was then put on concurring in the amendment made by the committee of the whole to said bill, providing that one trustee shall be selected from each judicial circuit in this state, and decided in the affirmative--- yeas 16, nays 4.

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

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

Those who voted in the negative, are

Messrs. Davis, Garth, Lucas, McVay.

On motion the Senate concurred in the other amendments made by the committee of the whole to said bill. Mr. McVay moved to strike out the word "two" in the fifth section of said bill, and insert in lieu three of the word "three:" and on the question being put it was resolved in the affirmative. Ordered, that said bill be engrossed and made the order of the day for a third reading on to-morrow.

A message from His Excellency the Governor, by James J. Pleasants, Esq. secretary of state.

Executive Department, December 4, 1821.

Gentlemen of the State, and of the House of Representatives;

While a small portion of your attention will be necessarily occupied in improving the militia laws. I think it proper to suggest several obvious defects, which appear to require amendment.

1. Courts martial from trying contested elections of general officers are required to be detailed from the same divisions or brigades, Those persons most necessarily compose the tribunal who will most likely participate in the prejudices usual on such occasions. Besides, should a decision not be sanctioned, owing to illegality of detail, or other proper cause, there may be some difficulty in detailing a new court from the same brigade or division, especially in procuring officers of high rank to compose it.

2. The law requires the trial and proceedings of such courts to be conducted under a solemn oath of secrecy; although in the decision of a disputed election, not one of those prudential reasons apply, which require secrecy in the usual duties of military courts, where the character or conduct of an officer is generally implicated.

Nothing contributes so much to fair investigation, as open public trials; to say nothing of the demoralizing tendency of unnecessary oaths and the consequent liability to inadvertent violations of them.

3. In the 38th section of our militia law of December, 1820, "The rules and articles for the government of the armies of the United States," are adopted as a part of our military government, when any portion of our militia may be on public service. The 65th article of those rules and articles, as well as universal usage under them, subjects every decision of court martial to the revision of the officer ordering it, or to the officer highest in command. Yet the terms used in the 8th section of our militia act, are not without susceptibility of doubt, whether this right of revision is taken from the Executive as commander in chief in decisions of contested elections. The law should be made clear in this


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particular for the determination of decisions that may hereafter occur. Any cases however, that may be presented, whether involved in doubt or not, will meet that determination which will be the result of mature reflection in the law existing, when it has occurred.

4. It is also worthy consideration, whether an annual review of all the regiments in the state by the adjutant general would not insure a more uniform system of discipline, a better organization of our body of militia, as well as a greater punctuality in obtaining returns, and at the same time more economy in expense, than the present system.

ISRAEL PICKENS.

Said message was read, and on motion, Ordered to be referred to the military committee.

The following message was also, received from the Governor, by J. J. Pleasant, Esq.

Executive Department, Cahawba, December 4, 1821.

Gentlemen of the Senate, and of the House of Representatives

I have received a letter from William C. Watson, Esq. who was appointed a judge of the county court of Henry county, declining the acceptance of said office.

Ordered, that said message lie on the table.

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

Mr. President: I am directed by the House of Representatives to inform your honorable body, that they have read the third time and passed, an act to authorize Elisha Thomas, Davis Gurley and their associates to turnpike a road therein named 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 to authorize the issuing of Treasury notes, and to vest authority in the Executive or this state to apply a certain sum of money therein mentioned, for the purpose of making such arrangements with the spicie paying banks in this state, as may aid the credit and currency of the Treasury notes; Mr. Garth in the chair; and after some time spent therein the committee rose, Mr. President resumed the chair, and Mr. Garth 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. Ordered, that said bill be engrossed and made the order of the day for a third reading on tomorrow.

Mr. Casey obtained leave to introduce a bill to be entitled an act to fix the temporary seat of justice in the county of Jackson, & also, a bill to incorporate the town of Belle Fonte in the county of Jackson; which were severally read the first time: on motion the rule which requires all bills to be read on three several days was dispensed with, and said bills were read the second time. Ordered, that said bills be engrossed and made the order of the day for a third reading on tomorrow.

Mr. Elliott obtained leave to introduce a bill to be entitled an act to provide for transcribing and transferring certain records from Mobile in Baldwin county; which was read the first time. On motion the rule


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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. Lucas obtained leave to introduce a bill to be entitled an act to alter the time of holding the county court of Franklin 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 the second time. Ordered, that said bill be engrossed and made the order of the day for a third reading on tomorrow.

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

Three o'clock, P.M.

The Senate met pursuant to adjournment.

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