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Friday, November 16, 1821.

The Senate met pursuant to adjournment.

Mr. Hanby, from the committee on claims, to whom was referred the claim of George A. Thrash, reported a bill to be entitled an act for the relief of George A. Thrash, 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. Dennis presented the petition of sundry inhabitants of Perry county, praying the repeal of a law passed at the last annual session of the Legislature, detaching them from Bibb county, and attaching them to Perry, which was read; and, on motion, Ordered, to be referred to the committee on county boundaries.

On motion, of Mr. Chambers, 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 alter the boundary line between the counties of Monroe and Clarke, 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. Garth from the select committee, to whom was referred the bill, to be entitled, an act to authorize the administrators of Benjamin Benham deceased, late of Limestone county, to sell a certain tract of land therein designated, and for other purposes, reported the same without amendment; which was concurred in.

Mr. Dennis, from the committee, to whom was referred a resolution concerning the situation of debts due from the purchasers of lots in the town of Cahawba at the first sales, reported that the number of lots transferred, is small compared with the number of improved lots, and that the interest of the state will not be neglected by permitting the purchasers to relinquish part of their purchases; Provided, no transfer shall be allowed after _______ of _______; And provided also, that no person or persons, shall avail himself or themselves, of the provisions of this act who shall remove his or their buildings from the lot or lots intended to be relinquished after the passage of this act; which report was concurred in.

On motion of Mr. Hogg, 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 fix the permanent seat of justice in the county of Tuskaloosa and to provide for the erection of the public buildings, 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, to whom was referred the petition of the Catholic congregation of christians in Mobile, reported a bill to be entitled, an act to authorize the catholic congregation of christians in the city of Mobile to sell certain real estate therein mentioned, and for other purposes; which was read the first time. Ordered, that said bill be read a second time on to-morrow.

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

Mr. President and Gentlemen of the Senate:

I am directed to inform your honourable body, that the House of Re-


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presentatives have read a third time and passed, a bill to be entitled an act to prevent sheriffs and other officers levying executions in certain cases; which originated in the Senate, and that the House of Representatives have amended the same, by striking out the words " capias ad satisfaciendum," and inserting in lieu thereof the words, "fieri facias" And that they have read the third time and passed, a bill to be entitled an act to authorize the emancipation of certain slaves therein named; A bill to be entitled an act to extend the time for collecting the tax, and making returns to the persons therein named; in all of which they desire the concurrence of the Senate.

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

Mr. President, and Gentlemen of the Senate:

I am directed to inform your honourable body, that the House of Representatives have read a third time, and passed: A bill to be entitled, an act authorizing the administrator of David Dalton, deceased, to sell certain lots therein named; in which they desire the concurrence of the Senate.

Mr. Elliott, from the judiciary committee, to whom was referred so much of His Excellency, the Governor's message as relates to the modification of the charter of the State Bank, Reported a bill to be entitled 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; which was read the first time. Ordered, That said bill be made the order of the day for a second reading on Monday next.

A bill from the House of Representatives to be entitled an act authorizing the administrator of David Dalton, deceased, to sell certain lots therein named was read the first time; and on motion, the rule which requires all bills to be read on three several days was dispensed with, and said bill was read a second and third time and passed. Ordered, that the Secretary notify the House of Representatives thereof.

On motion of Mr. Rose, the following resolution was adopted: Resolved, That so much of His Excellency the Governor's message, as relates to certain resolutions of the legislature of the State of Georgia, in which is represented, that the Creek and Cherokee nations of Indians are desirous of making certain cessions of their territory, be referred to a select committee: Whereupon, Messrs. Rose, Elliott and Lucas were appointed said committee.

On motion of Mr. Casey, the Senate resolved itself into a committee of the whole on His Excellency, the Governor's message of the instant, Mr. Rose in the chair, and after some time spent therein, the committee rose. Mr. President resumed the chair, and Mr. Rose reported that the committee of the whole had, according to order, had His Excellency the Governor's message, and the subjects therein contained, under consideration and beg leave to propose the adoption of the following resolutions:

Resolved, that so much of His Excellency, the Governor's message as relates to the extension of the labours of the present session of the legislature, be referred to a select committee. Whereupon, Messrs. Garth and Rose, were appointed said committee.


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Resolved, that so much of His Excellency, the Governor's message as relates to the census lately taken, and to the appointment of both branches of the legislative department, be referred to the committee on the apportionment.

Resolved, that so much of His Excellency, the Governor's message as relates to the sale of the University lands, be referred to the committee on school and college lands.

Resolved, that so much of His Excellency, the Governor's message as relates to the disposition best to be made of the residuum of the purchase money of school and college lands, after vesting the limited amount proposed in bank stock, and putting the University into operation, be referred to said committee.

Resolved, that so much of His Excellency, the Governor's message as relates to the establishment of a state University from the proceeds of school and college lands, and to male and female education, be referred to the committee on school and college lands.

Resolved, that so much of His Excellency, the Governor's message as relates to the circulating medium, be referred to the committee on the judiciary.

Resolved, that so much of His Excellency, the Governor's message as relates to the payment of the amount due the Huntsville bank by this state, be referred to the committee on the Huntsville bank.

Resolved, that so much of His Excellency, the Governor's message as relates to the loan to be authorized from one of the specie paying banks, be referred to the committee on the Huntsville bank.

Resolved, that so much of His Excellency, the Governor's message as relates to the Cahawba lots, be referred to the committee on that subject.

Resolved, that so much of His Excellency, the Governor's message as relates to Internal improvement, but referred to the committee on inland navigation.

Resolved, that so much of His Excellency, the Governor's message as relates to the due and regular administration of justice and to the establishment of courts in the county of Henry, be referred to the committee on the judiciary.

Resolved, that so much of His Excellency, the Governor's message as relates to the memorial of the Chickasaw Indians, be referred to the committee on the judiciary.

Resolved, that so much of His Excellency, the Governor's message as relates to the examination of the executive records, be referred to the select committee: Whereupon, Messrs. Chambers and Wingate, were appointed said committee, which was concurred in.

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

Mr. President; I am directed to inform your honorable body, that the House of Representatives have passed a joint resolution proposing to appoint a committee on their part, to act with such committee as may be appointed on the part of the Senate, to memorialize the Congress of the United States, on the propriety of removing the prohibition imposed on the state of Alabama, at its admission into the Federal Union, of taxing


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all lands sold by the general government in said state, subsequent to the first day of September, 1819, so far as it may regard land hereafter sold, and that they have also, passed a joint resolution proposing to appoint a committee on their part, to act with such committee as may be appointed on the part of the Senate, to take into consideration the expediency of memorializing the Congress of the United States, upon the subject of the claims of Col. Samuel Dale, for services performed during the creek war; in which they desire the concurrence of the Senate.

Mr. Chambers moved, that the Senate concur in the resolution of the House of Representatives in relation to memorializing the Congress of the United States on the propriety of removing the prohibition imposed on the State of Alabama, at its admission into the Union, of taxing all lands sold by the General Government in said state, subsequent to the first day of September 1819, so far as it may regard lands hereafter sold. And on the question, "will the Senate concur in said resolution" the yeas and nays being desired, it was determined in the affirmative yeas 18, nays 1. Those who voted in the affirmative are

Messrs. President, Conner, Chambers, Davis, Devereux, Dennis, Elliott, Garth, Gause, Hanby, Hogg, Lucas, Lanier, McVay, Rose, Trotter, Ware and Wingate.

Mr. Casey voted in the negative.

Whereupon, Messrs. Elliott, Rose and Chambers were appointed a committee on the part of the Senate.

On motion the Senate concurred in the resolution of the House of Representatives in relation to the expediency of memorializing the Congress of the United States, upon the subject of the claims of Col. Samuel Dale, for services rendered during the Creek war: Whereupon Messrs. Elliott, Gause and Conner, were appointed a committee on the part of the Senate. Ordered, that the secretary notify the House of Representatives thereof.

On motion of Mr. Chambers, Ordered, that Mr. Gause be added to the committee on the judiciary.

On motion the Senate concurred in the amendments made by the House of Representatives to the bill to be entitled, an act to prevent Sheriffs and other officers from levying executions in certain cases. Ordered, that the secretary notify the House of Representatives thereof.

Mr. Casey called up the bill to be entitled, an act authorizing the Governor to borrow a certain sum of money, therein mentioned and to settle the debt due by the State to the Huntsville Bank, which was read the second time.

Mr. Casey moved to strike out all of said bill, after the enacting clause, and to amend the same by the following : "that the Governor of this State is hereby authorised to procure from any of the specie paying Banks, a loan or loans of money, not exceeding fifteen thousand dollars, for the use and benefit of the State of Alabama; which loan shall be accomplished in such sum or sums, and at such times as will answer the purposes of the State after the passage of this act.

"And be it further enacted, that the Governor is hereby authorized to pledge so much of the revenue to be raised for the year 1822, as will be sufficient to discharge said loan before the first day of Jan. 1828.

"And be it further enacted, that the Governor pay or cause to be


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paid off the debt due by this State, to the Huntsville Bank, out of any money in the Treasury, not otherwise appropriated. "When on motion, the senate adjourned till tomorrow morning, 10 o'clock.