Wednesday, Dec. 5th, 1821.

The Senate met pursuant to adjournment.

An engrossed bill to be entitled an act to establish the temporary seat of justice in the county of Decatur, and for other purposes 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 incorporate the town of Belle Fonte in the county of Jackson, was read the third time and passed, Ordered, that the title of said bill be as aforesaid, & that the same be sent to the House of Representatives for their concurrence.

The engrossed 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 mentioned for the purpose of making such arrangements with the specie paying banks of this as may aid the credit and currency of the Treasury notes, was read the third time.

Mr. Elliott moved to fill the first blank in the first section of said bill, with the words "thirty thousand;" and on the question being put, it was resolved in the affirmative.

Mr. Elliott then moved to fill the second blank, in the first section of said bill, with the words "six thousand dollars in notes or bills of seventy-five cents;" the third blank, with the words "six thousand dollars in notes or bills of fifty cents;" the fourth blanks, with the words "six thousand dollars in notes or bills of twenty-five cents;" the fifth blank with the words "six thousand dollars in notes or bills of twelve and a half cents; the sixth blank, with the words "six thousand dollars in bills or notes not exceeding one dollars each," and on the question being put, it was resolved in the affirmative.

Mr. Elliott moved to fill the last blank in said bill, with the words "five hundred." 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 title of said bill be as aforesaid. Ordered, that the same be sent to the House of Representatives for their concurrence.


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

Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that they have amended the amendment made by the Senate, the act to alter and amend the militia laws of this state, by striking out the word "be," in the 8th section. They have also read the third time and passed, an act to establish an Academy in the town of Sparta, and for other purposes; also an act to incorporate the town of Vernon, in the county of Autauga in all which they desire your concurrence.

An engrossed bill to be entitled an act to provide for transcribing and transferring certain records from Mobile to Baldwin county, was read the third time and passed. Ordered, that the title of said bill be as aforesaid. Ordered, that said bill be sent to the House of Representatives for their concurrence.

An engrossed bill to be entitled an act to alter the time of holding the County Courts of Franklin, was read the third time and passed. Ordered, that the title of said bill be an act to alter the time of holding the County Courts of Franklin. Ordered, that the same be sent to the House of Representatives for their concurrence.

An engrossed bill to be entitled an act to establish a ferry and to appoint commissioners to lay out a certain road therein named, was read the third time. Mr. Gause moved to fill the first blank in said bill, with the names of "Robert Glenn, Clement Freeny, William Ashley, Bolling Hall, and Francis Lewis;" and on the question being put, it was decided in the affirmative. Mr. Gause then proposed the following amendment to said bill, by way of rider.

"And be it further enacted, That the petition, praying for the road herein established, shall be deposited in the clerk's office of Autauga county; and that a copy thereof, shall be filed in the clerk's office of Montgomery 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 times and adopted. The question was then put, "shall this bill pass?" and decided in the affirmative. 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, authorizing the sale of the College Lands, and for other purposes, was read the third time. Mr. Davis moved to fill the first blank in said bill, with the word "twenty;" and on the question being put, it was decided in the negative. Mr. McVay moved to fill said blank, with the word "eighteen," and on the question being put, it was decided in the negative. Mr. Davis moved to fill said blank, with the words "seventeen dollars and fifty cents," and on the question being put, it was decided in the negative. Yeas 10, nays 10.

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

Mr. President, Casey, Davis, Dennis, Garth, Gause, Lucas, Lanier, McVay, Ware.


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Those who voted in the negative, are

Messrs. Conner, Chambers, Deveraux, Elliott, Hanby, Hogg, May, Rose, Trotte, Wingate.

Mr. Casey moved to fill said blank with "seventeen;" and on the question being put, it was decided in the affirmative--- yeas 12, nays 8.

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

Mr. President, Casey, Conner, Davis, Dennis, Garth, Gause, Hogg, Lucas, Lanier, McVay, Ware.

Those who voted in the negative, are

Messrs. Chambers, Deveraux, Elliott, Hanby, May, Rose, Trotter, Wingate.

Mr. Rose moved, to fill the blank in the 11th section of said bill, with the word "three;" and on the question being put, it was decided in the affirmation. Mr. Davis proposed the following amendment to said bill, by way of rider.

"And be it further enacted, that the said trustees are hereby required to report to the next general assembly, a suitable site, or sites, for the establishment of a branch of said university for the education of females." 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 times and adopted. The question was then put, "shall this bill pass?" and decided in the affirmative--- yeas 13, nays 6.

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

Mr. President, Casey, Chambers, Deveraux, Dennis, Elliott, Gause, Hanby, Hogg, May, Rose, Trotter, Wingate.

Those who voted in the negative, are

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

Ordered, that the title of said bill, be an act authorizing the sale of the college lands and for other purposes. Ordered, that said bill be sent to the House of Representatives for their concurrence.

Mr. Lucas obtained leave to spread his reasons upon this journal for voting against the passage of said bill; which are as follows, to wit:

I, William Lucas, Senator from the county of Franklin, do hereby dissent from, and protest against the sale of the University lands, given to this state by the general government, for the following reasons, to wit: 1st. I believe this to be an improper time to sell those lands, as there is much land belonging to the United States coming into market. 2nd. It is uncertain at this time what disposition will be made of the money arising from the sale of said lands. Should it be placed in bank stock, it is not certain that it will produce any profit, and if the bank is not judiciously managed, it may be finally lost. 3rd. I am of opinion the said institution will be on a more permanent foundation, and yield a greater profit by leasing the lands for a number of years at this time, or to sell it on a credit of twenty of thirty years, the purchaser to pay up the interest on his bond every year, until the principle is paid the state to retain a lien on the land, in case of failure of the purchases and his security should take place.

(Signed) WILLIAM LUCAS.

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


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establish a public road therein named, and for other purposes, 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 authorize Peter Ross to establish a toll bridge on Big Mulberry creek, between the counties of Autauga and Dallas, 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 to incorporate the town of Vernon, in the county of Autauga, was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives, to be entitled, an act to establish an academy in the town of Sparta, 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.

On motion, the Senate concurred in the amendment made by the House of Representatives, to their amendment, to the bill to be entitled, an act to alter and amend the militia laws of this state. Ordered, that the House of Representatives be informed thereof.

A bill from the House of Representatives, to be entitled an act to authorize Elisha Thomas, Davis, Gurley, and their associates, to turnpike a road therein named, was read the first time. Ordered, that said bill be made the order of the day, for a second reading on to-morrow.

Mr. Rose obtained leave to introduce a bill to be entitled an act to authorize the County Court of Butler county, to compensate certain commissioners therein named, and for other purposes; which was read the first time. Ordered, that said bill be made the order of the day, for a second reading on to-morrow.

Mr. Elliott, agreeably to notice, asked for, and obtained leave to introduce a bill to be entitled an act for the relief of Henry V. Chamberlain; 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 committed to a committee of the whole house, and made the order of the day for to-morrow.

On motion, the bill to be entitled an act to fix the time for convening the General Assembly of the State of Alabama, was taken up. Mr. Casey moved to strike out the words "on the second Monday in January 1823, and on each succeeding 2nd Monday in January in each and every year until otherwise directed by law;" and on the question being put, it was decided in the affirmative. Said bill was then read the third time, and received from the House of Representatives, and passed. Ordered, that the Secretary notify the House of Representatives thereof.

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 authorize the executor of Joseph Phillips, deceased, to sell and transfer certain certificates of land, therein named; an act for the relief of Eugenio Campbell, tax collector of Lawrence county; an act to amend an act, entitled an act to incorporate the Indi-


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an creek Navigation Company; an act, supplementary to an act entitled an act to suppress duelling, passed 17th December, 1819; an act to establish certain counties therein named, and for other purposes, an act to regulate the mode of issuing grants and patents in this state; all of which were accordingly signed by Mr. President.

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