Wednesday, November 21, 1821.

The Senate met pursuant to adjournment.

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

Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that they adhere to their amendment to the bill to be entitled an act to appoint commissioners to lay out a certain road therein named, by striking out the proviso therein contained.

The following message was also received by the same gentleman:

Mr. President; I am instructed to inform your honorable body, that the House of Representatives have read a third time and passed, the following bills: An act permanently to fix the seat of justice for the county of Tuskaloosa; also, an act authorizing a lottery for the making of a turnpike road leading from the city of Mobile to Bogue Chitto creek in Mobile county; and to authorize a lottery to erect and furnish


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a Masonic Hall for the use and benefit of Russellville Lodge, No. 7; also an act to establish a road therein named, also, an act to establish additional election precincts in certain counties therein named, and for other purposes; also, an act for the relief of William Walton; also, an act divorcing certain persons therein named; in all which they desire your concurrence. They have, also, read a third time and passed, an act to authorize the judge of the county court of St. Clair county, to levy a tax to remunerate John Cunningham; which originated in your honorable body: They have, also, read a third time and passed, an act to alter and extend the boundaries of Limestone county; in which they also, desire your concurrence.

Mr. Hogg moved, a reconsideration of the vote of the Senate on the passage of the bill to be entitled, an act for the relief of Josiah D. Lister, Esq. sheriff of Washington county; and on the question "will the Senate reconsider their vote?" It was resolved in the affirmative.

Ordered, that said bill lie on the table for the present.

On motion of Mr. Lucas, the bill to be entitled, an act to appoint commissioner to lay out a certain road therein named, was ordered to lie on the table.

Mr. Wingate, from the committee on enrolled bills, reported, that said committee had examined an act to authorize the administrators of Benjamin C. Benham, deceased, of Limestone county, to sell a certain tract of land therein designated, and for other purposes, and found the same duly enrolled: A bill from the House of Representatives, to be entitled, an act to alter and extend the boundaries of Limestone county: A bill to be entitled an act divorcing certain persons therein named; A bill to be entitled, an act authorizing a lottery for the making of a turnpike road leading from the city of Mobile, to Bogue-Chitto creek in the county of Mobile, and for other purposes: A bill to be entitled, an act permanently to fix the seat of justice in the county of Tuskaloosa: A bill to be entitled an act to establish a road therein named: A bill to be entitled, an act for the relief of William Walton; and, a bill to be entitled, an act to establish additional election precincts in certain counties therein named, were severally read the first time. Ordered, that said bills be made the order of the day for a second reading on to-morrow.

A bill to be entitled, an act to authorize Richard Rapier, administrator of Claiborn Mays, deceased, to sell a certain lot therein mentioned. was read second time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill to be entitled, an act to amend and repeal a part of the second section of an act to authorise the Governor to dispose of the public arms of this state, passed on the 7th December, 1820, was read a 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 Tuskaloosa Chapter and Alabama Chapter of Royal Arch Masons, was read the second time. Ordered, that said bill be made the order of the day for a third reading on to-morrow.


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A bill from the House of Representatives, to be entitled, an act for the relief of John Bishop, was read a second time. Ordered, that said bill be 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 fix the temporary seat of justice in Bibb county, 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 from the House of Representatives, to be entitled, an act to authorize the Intendant and Council of lower Tuskaloosa, to erect a toll bridge across the Black Warrior river, was read second time. Ordered, that said bill be committed to a committee of the whole House, and made the order of the day on Friday next.

A bill to be entitled, an act to amend an act, to reduce into one the several acts concerning strays, passed December 21, 1820, was read the second time. Ordered, that said bill be engrossed for a third reading on tomorrow.

On motion, the senate according to order, resolved itself into a committee of the whole, on the joint resolution proposing amendments to the Constitution of this state, Mr. Elliott in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Elliott reported that the committee of the whole had, according to order, had said resolution under their consideration and had directed him to report the same without amendment; which was concurred in. Said resolution was then read a third time.

Mr. Hogg proposed the following amendment to said resolution: amendment proposed to the twenty-ninth section of third article of the constitution of the state of Alabama, "that the General Assembly shall have power to any session previous to the session in the year 1825, to adjourn the General Assembly to meet at any other place they may think expedient, on account of disease or any other cause;" and the question being put, on the adoption of said amendment; the yeas and nays being desired, it was determined in the affirmative yeas 13, nays 5. Those who voted in the affirmative, are

Mr. President, Conner, Chambers, Davis, Devereux, Garth, Hanby, Hogg, Lucas, Lanier, McVay, Rose, Wingate.

Those who voted in the negative, are

Messrs. Casey, Dennis, Elliott, Trotter, Ware.

Ordered, that said resolution be engrossed for a third reading on to-morrow.

On motion of Mr. Elliott, the rule which requires one days notice before the introduction of a bill or joint resolution was dispensed with and leave was given him to introduce the following resolution:

Resolved, by the Senate and House of Representatives of the state of Alabama in General Assembly convened, that the Senators and Representatives of this state, in the Congress of the United States be instructed to use their exertions in causing the attention of the Congress of the

United States, to be directed towards the subject of connecting the waters of the Holston and Tennessee rivers, with the waters of the Mobile by a canal from the Hiwassee, to the Connesauga river; and should the connexion between the above named rivers be deemed practicable.


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procure from the General Government such pecuniary or other aid, in relation to the same, as in its wisdom it may think proper to contribute.

And be it further resolved by the authority aforesaid, That the Governor of this State be requested to forward as early as possible, copies of this resolution to each of our senators and our representative in Congress; which was read the first time.

On motion, the rule which requires all bills and joint resolutions to be read on three several days was dispensed with, and said resolution was read a second time by its caption.

Mr. Garth moved to amend said resolution after the words "Connesauga river," by adding the following "and of connecting the head waters of Tuskaloosa river with the head waters of Flint, emptying into Tennessee river, in the county of Morgan;" and the question being put, on the adoption of said amendment, the yeas and nays being called for it was determined in the negative. Yeas 5, Nays 13.

Those who voted in the affirmative, are

Messrs. Conner, Garth, Hanby, Hogg and Lanier.

Those who voted in the negative, are

Mr. President, Casey, Chambers, Davis, Deveraux, Dennis, Elliott, Lucas, McVay, Rose, Trotter, Ware and Wingate.

Ordered, That said resolution be engrossed and made the order of the day for a third reading this evening.

On motion of Mr. Casey, the Senate, according to order, resolved it self into a committee of the whole, on the bill to be entitled an act to extend the time for collecting the tax, and making returns to the persons therein named, Mr. Rose in the chair: and after sometime spent therein, the committee rose, Mr. President resumed the chair, and Mr. Rose reported, that the committee of the whole House had, according to order, had said bill under their consideration, and had directed him to report progress, and ask leave to sit again; which was granted.

A message from the House of Representatives, by Mr. Armstrong: Mr. President: I am directed to inform your honourable body, that the House of Representatives have read a third time and passed, 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, and have amended the same by adding the following proviso: "Provided however, That the property shall be first offered at public sale."

They have also, read a third time and passed an act to incorporate the Mobile Steam Boat Company; all of which originated in your House, and in all of which they desire your concurrence.

Mr. Elliott presented the account of William Dunn for services rendered in examining the Tuskaloosa river, above the town of Tuskaloosa, in pursuance of a resolution passed at the called session of the legislature of this State, which was referred to the committee on claims.

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

3 o'clock, P. M.

The Senate met pursuant to adjournment.

On motion of the Senate, according to order, Resolved, itself into a committee of the whole on the bill to be entitled an act to repeal part of an act therein named, Mr. Chambers in the chair; and after some time


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spent therein, the committee rose, Mr. President resumed the chair; and Mr. Chambers reported that the committee of the whole had, according to order, had said bill under their consideration, and had directed him to report the same without amendment; which was concurred in. Said bill was then read a third time and passed. Ordered, That the Secretary notify the House of Representatives thereof.

On motion the Senate, according to order, resolved itself into a committee of the whole, on the bill to be entitled an act to authorize 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, Mr. Garth in the chair; and after sometime 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 with an amendment; which was concurred in. Said bill was then read a third time, by its caption, and passed. Ordered, That the secretary acquaint the House of Representatives thereof.

On motion of Mr. Elliott, the rule which requires one days notice before the introduction of a bill or joint resolution was dispensed with, and leave was given him to introduce the following resolution:

Be it resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That our Senators in Congress be instructed, and our representative be requested to use their exertions to procure the appropriation of the two per cent. fund reserved out of the moneys received from the sales of public lands in this state subsequent to the first day of September 1819, for the purpose of making roads to this state under the direction of Congress pursuant to the provisions of the act of admission.

Be it further resolved by the authority aforesaid, that His Excellency the governor of this state be requested to forward a copy of the above resolution, to each of our Senators & our Representative in Congress at the earliest period; which was read the first time. Ordered, that said resolution be made the order of the day for a second reading on to-morrow.

On motion the Senate, according to order, resolved itself into a committee of the whole, on the bill to be entitled an act supplementary to the several acts in relation to highways, ferries and bridges. Mr. Elliott in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Elliott reported, that the committee of the whole had, according to order, had said bill under their consideration and 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 to-morrow.

On motion the Senate according to order, resolved itself into a committee of the whole, on the bill to be entitled an act to authorize Asahel Akers, administrator of William White, deceased, to sell certain real estate. Mr. Casey in the chair; and after sometime 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


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under their consideration said bill, and how directed him to report the same with an amendment: which was concurred in. Ordered, that said bill be engrossed and made the order of the day on to-morrow.

On motion of Mr. Casey, the committee of the whole was discharged from the further consideration of the bill 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 receive toll for keeping it in repair.

Ordered, that said bill lie on the table.

On motion of Mr. Elliott, the Senate concurred in the amendment made by the House of Representatives, to the bill to be entitled, an act to authorize the Catholic congregation of christians in the city of Mobile, to sell certain real estate.

On motion, Ordered, that the 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, be laid on the table.

An engrossed resolution to instruct the Senators and Representatives of this state, to use their exertions to cause the attention of Congress to be directed towards the practicability of connecting the waters of the Holston and Tennessee rivers with the waters of the Mobile river, was read a third time and passed. Ordered, that the secretary notify the House of Representatives thereof and request their concurrence.

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