Saturday, November 17, 1821.

The senate met pursuant to adjournment.

Mr. Hogg presented the petition of sundry inhabitants of Tuskaloosa county, praying the location of the seat of justice for said county, on the line between the old and new towns; which was read and on motion, referred to a select committee; Whereupon, Messrs. Hogg, Trotter, and Ware, were appointed said committee.

Mr. Gause, from the committee on enrolled bills, reported that the committee had examined the following acts and found the same duly enrolled, to wit;

An act authorizing the administrators of David Dalton, deceased, to sell certain lots therein named;

An act to authorize Maria Evans and Lewis Tilman, to emancipate certain slaves therein named; and

An act confirming a decree of the Circuit Court of Madison county, exercising chancery jurisdiction, pronounced in September term 1820, divorcing Harriet Dillard, from her husband Nicholas Dillard;

All of which were accordingly singed by Mr. President.

Mr. Elliot from the select committee, to whom was referred the petition of Thomas G. Newbold, made the following report:

The committee to whom was referred the petition of Thomas C. Newbold, praying for the exclusive privilege of establishing a ferry between the city of Mobile, and the town of Blakely, report, that it would be inexpedient and impolitic to grant the prayer of the petitioner, in the extent he hath solicited legislative interposition. Your committee are of the opinion that the several acts in relation to highways, ferries and bridges, are defective in this, to wit: Although the several county courts in this state have power to grant the privilege of ferries to applicants for the same, and their duties in relation to the same are pointed out by law; yet, no provision is made by law authorising said courts to inflict penalties against those who violate or contravene the privileges thus granted. Your committee would therefore recommend the passage of a general law on the subject, which would extend to the petitioner as much relief in the premises as may comport with sound policy and the existing laws.

Mr. Elliott from said committee, reported a bill to be entitled an act supplementary to the several acts in relation to highways, ferries and bridges; which was read the first time. Ordered, that said bill be made the order of the day for a second reading on Monday next.

Mr. Gause obtained leave of absence until Wednesday next.

Mr. Hanby presented the petition of sundry citizens of Blount county, praying the passage of a law authorizing them to elect commissioners to fix the permanent seat of justice in said county; which was read On motion, Ordered, that said petition be referred to the committee on county boundaries.

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


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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 to authorise William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates to erect a toll bridge across the Black Warrior river at the falls, at the town of Tuskaloosa; in which they desire the concurrence of the Senate.

The following written message was received from His Excellency the Governor, by Mr. James J. Pleasants, secretary of State.

Executive Department, Cahawba, November 16, 1821.

Gentlemen of the Senate, and of the House of Representatives,

I have received the resignation of John Gayle, Esq. solicitor of the first judicial circuit.

I have also been apprised of the death of Thomas Heald, Esq. Judge of the county court of Baldwin county. These vacancies are required to be filled by the General Assembly.

ISRAEL PICKENS

The message was read, and on motion ordered to lie on the table.

A bill from the House of Representatives, to be entitled an act to authorise William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates to erect a toll bridge across the Black Warrior, at the falls of the town of Tuskaloosa, was read the first time. Ordered, that the said bill be made the order of the day for a second reading on Monday next.

On motion of Mr. Garth, the following resolution was adopted:

Resolved, that the military committee be instructed to enquire into the expediency of repealing so much of the Militia law, as allows compensation of five dollars per day, to Brigade majors and assistant adjutant Generals; and that they be directed to report to the Senate, the construction given by Brigadier Generals to the law allowing compensation to Brigade majors, and whether certificates are granted for more days service than the number of days actually employed in drilling the officers and attending the Regimental musters.

Mr. Davis moved a reconsideration of the vote of the Senate in relation to the reference of the petition of the citizens of Tuskaloosa, praying the location of the Court House on the line between the old and new towns, and on the question, "will the Senate reconsider said vote?" it was decided in the negative.

Mr. Garth, from the select committee, to whom was referred the bill to be entitled, an act authorizing Asabel Akers, administrator of Wm. White deceased, to sell certain real estate, reported the same with an amendment; which was concurred in, Ordered, that said bill be made the order of the day for a second reading on Monday next.

Mr. Garth, from the select committee, to whom was referred the bill from the House of Representatives, to be entitled an act to authorize the administrator and administratrix to Thomas Talbert, deceased to sell real estate, reported the same without amendment. On motion ordered that said bill lie on the table.

On motion of Mr. Davis, the following resolution was adopted: Resolved by the Senate, that a committee be appointed to act jointly with


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such committee as may be appointed on the part of the House of Representatives to contract for the printing of _____ copies of the constitution of this state; whereupon; Messrs. Davis, Hogg and Rose were appointed a committee on the part of the senate. Ordered, that the secretary notify the House of Representatives thereof, and desire their concurrence.

Mr. Chambers gave notice, that on Monday next he should ask for leave to introduce a bill, to be entitled, an act to amend and repeal an part of the 2nd section of an act passed on the 7th December 1820, authorizing the governor to dispose of the public arms of this state.

On motion, 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, was taken up.

Mr. Rose moved, that the question on agreeing to the amendment proposed in said bill be taken separately. And on the question being put it was resolved in the affirmative.

Mr. Casey moved to adopt the first section of the bill, proposed as an amendment in lieu of the first section of the original bill. And the yeas and nays being desired, it was determined in the affirmative--- yeas 9, nays 8. Those who voted in the affirmative, are

Mr. President, Casey, Chambers, Deveraux, Dennis, Elliott, Hogg, Trotter, Wingate.

Those who voted in the negative, are

Messrs. Conner, Davis, Garth, Hanby, Lucas, Lanier, McVay, Rose.

On motion of Mr. Casey, the second and third sections of said bill were adopted, in lieu of the second and third sections of the original bill.

Mr. Garth moved to strike out the words in said bill "out of any money in the treasury not otherwise appropriated." And on the question being put, it was resolved in the affirmative.

Mr. Garth then moved to insert after the words "Huntsville bank," the following, to wit: "in the notes of that bank which now are, or which may hereafter come into the treasury." 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 Monday next.

Message from the House of Representatives by Mr. Morton:

Mr. President , and gentlemen of the Senate; I am directed by the House of Representatives, to inform you they have read a third time and passed, an act to authorize Richard Rapier, administrator of Claiborn Mays, deceased, to sell a certain lot of land therein mentioned an act to authorize John Rose to cut out and open a road from the town of Cahawba to Pine Barren creek, and to receive toll for keeping it in repair; in all of which they desire your concurrence.

A bill from the House of Representatives to be entitled, an act to authorize Richard Rapier, administrator of Claiborne Mays, deceased, to sell a certain lot therein mentioned, was, on motion, ordered to lie on the table.

A bill from the House of Representatives to be entitled, an act to authorize John Rose to cut out and open a road from the town of Cahawba to Pine Barren creek, and to receive toll for keeping it in repair, was read the first time. Ordered, that said bill be made the order of the day for a second reading on Monday next.


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The Senate resumed the consideration of the bill to be entitled, an act for the relief of purchasers of lots in the town of Cahawba.

Mr. Casey moved to amend said bill by adding the following section, "And be it further enacted, that no person or persons who shall remove any building or buildings off of any lot or lots intended to be forfeited shall be benefited by any of the provisions of this act;" which was adopted. Ordered, that said bill be engrossed for a third reading on Monday next.

A bill to be entitled, an act assigning certain duties to the attorney general in addition to those already assigned by law, was read a 2nd time.

Mr. Chambers moved, that the further consideration of said bill be indefinitely postponed; and the yeas and nays being desired, it was determined in the affirmative ayes 12, nays 6. Those who voted in the affirmative, are

Mr. President, Conner, Chambers, Deveraux, Dennis, Elliott, Hanby, Hogg, Lucas, McVay, Rose, Wingate.

Those who voted in the negative, are

Messrs. Casey, Davis, Garth, Lanier, Trotter, Ware.

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, was read a second time. Ordered, that said bill be engrossed for a third reading on Monday next.

A bill from the House of Representatives to be entitled, an act for the relief of Josiah D. Lister, sheriff of Washington county, was read a second time. Ordered, that said bill be made the order of the day for a third reading on Monday next.

A bill from the House of Representatives, to be entitled, an act to repeal part of an act therein named, was read a second time. Ordered, that said bill be committed to a committee of the whole house and made the order of the day on Monday next.

A bill from the House of Representatives, to be entitled an act authorizing the administrators of Robert Morrow, deceased, to sell real estate, was on motion, ordered to lie on the table.

A bill to be entitled, an act to incorporate the Mobile Steam boat Company, was read the second time. Ordered, that said bill be engrossed and made the order of the day for a third reading on Monday next.

A bill to be entitled, an act concerning persons residing on the university lands, and who have not rented the same and for other purposes, was read a second time. On motion, Ordered, that said bill be referred to the committee on University Lands.

A bill to be entitled an act to remunerate John Cunningham was read a third time and passed. Ordered, that the title of said bill be, an act to remunerate John Cunningham. Ordered, that the Secretary notify the House of Representatives thereof and request their concurrence.

A bill from the House of Representatives, to be entitled an act to authorize the administrators of Benjamin C. Benham deceased, to sell real estate, and for other purposes, was read a third time and passed. Ordered, that the Secretary notify the House of Representatives thereof.

A bill from the House of Representatives, to be entitled an act to extend the time for collecting the tax and making returns to the persons


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therein named, 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 to authorize the emancipation of certain slaves therein named, was read the first time; and on the question "shall this bill be read a third time?" it was resolved in the negative.

A bill to be entitled an act for the relief of George A. Thrash, was on motion, Ordered to lie on the table for the present.

A bill to be entitled an act to alter the boundary line between the counties of Monroe and Clarke, was read a second time. Ordered, that said bill be made the order of the day for a 3rd reading on Monday next.

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 public buildings was read a 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 a third reading on Monday next.

On motion, the Senate adjourned till Monday morning 10 o'clock.