Monday, November 26, 1821.

The Senate met pursuant to adjournment.

Mr. Rose, from the select committee, to whom was referred so much of His Excellency, the Governor's message as relates to certain resolu-


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tions of the Legislature of the state of Georgia, made the following report:

The select committee to whom was referred that part of His Excellency the governor's message which relates to certain resolutions passed by the legislature of Georgia, and transmitted to the governor of this state, have had the same under their consideration; and after mature deliberation thereon, most respectfully recommend, that in their opinion the attention of the general government should be called to this most desirable object, at as early a period as practicable. Your committee further beg leave to introduce the following resolutions:

Whereas it has been represented to the general assembly of this state by certain resolutions passed by the legislature of Georgia, that the Creek & Cherokee nations of Indians are desirous to make certain cessions of their territory by which the settlements of Alabama, Tennessee and Georgia would become connected, and thereby greatly facilitate the personal and commercial intercourse and traffic of the citizens of the said state:

Therefore be it resolved by the Senate and House of Representatives of the state of Alabama in general assembly convened, that our Senators the in Congress of the United States be instructed & our Representative requested, to use their best endeavours to have an appropriation made for holding a treaty or treaties with said nations of Indians.

And be it further resolved, that a copy of this preamble and resolution be transmitted by His Excellency the Governor to each of our Senators and Representatives. The said resolutions were read the first time, and ordered to be made the order of the day for a second reading on to-morrow.

On motion of Mr. McVay, 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 repeal the second section of an act entitled, an act for the relief of master builders and mechanics of the state of Alabama; which was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

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 have read a third time and passed, a bill entitled, an act to fix the time for convening the general assembly of the state of Alabama; in which your concurrence is requested.

They have read a third time and passed, an act to alter the boundary line between the counties of Clarke and Monroe; which originated in your honourable body; also,

An act authorizing William Crawford, and company, of Franklin county, to build a mill and other water works, on the Tennessee river, and for other purposes; in which they desire your concurrence.

A bill to be entitled an act declaring the Mulberry fork of the Tuskaloosa river navigable from its junction with the Sipsie fork, to Baltimore; 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.


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A bill from the House of Representatives to be entitled an act authorizing the administrators of Robert Morrow, deceased, to sell certain real estate was read the third time and passed. Ordered that the secretary notify the House of Representatives thereof.

Mr. Garth gave notice that on to-morrow he should ask for leave to introduce a bill having for its object the payment of witnesses attending courts on behalf of the state.

A bill to be entitled an act to authorize Leonard Abercrombie to emancipate certain slaves 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 to-morrow.

A bill from the House of Representatives, to be entitled an act permanently to fix the seat of justice in Tuskaloosa county, was read a third time as amended, and passed. Ordered, that the title of said bill be altered from a bill, to that of an act, permanently to fix the seats of justice in the counties of Tuskaloosa and Perry. Ordered, that the Secretary notify the House of Representatives thereof and request their concurrence.

Mr. Garth moved, a reconsideration of the vote of the senate, ordering the bill to be entitled an act to authorize a Lottery, for the making of a turnpike road leading from the city of Mobile to Boguechitto creek in the county of Mobile, and for other purposes, to be read the third time; and on the question being put it was resolved in the affirmative.

Mr. Garth then proposed the following as an amendment to said bill.

"And be it further enacted, That the Worshipful master and officers of every Lodge of ancient free masons in the state of Alabama, shall have the privilege of raising by lottery, the sum of three thousand dollars for the use and benefit of their lodges respectively, as prescribed by the provisions of the act for the benefit of the Russelville Lodge No. seven of ancient free masons" which was adopted.

On motion, the rule which requires amendments to be read on three several days was dispensed with, and said bill, together with the amendments, was read a second and third time and passed. Ordered, that the Secretary notify the House of Representatives thereof and desire their concurrence.

The Senate according to order, resolved itself into a committee of the whole, on the bill to be entitled an act authorizing the sale of the college lands and for other purposes, Mr. Lucas in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Lucas reported that the committee of the whole had according to order, had said bill under consideration and directed him to report the same without amendment; which was concurred in.

Mr. Chambers agreeably to notice, asked for and obtained leave to introduce a bill to be entitled an act relating to justices of the Peace 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 following communication was received from His Excellency the Governor, by James J. Pleasants, Esq. Secretary of State.


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Executive Department, Nov. 24, 1821.

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

The irregularity discovered in the returns of the elections of justices of the Peace appears to require some legislative provisions. Those elections are generally to fill vacancies occasioned by the resignation, death, or removal from the county of others who had filled the same offices, and sometimes by the formation of new military beats. The returns of these elections often omit to notice the nature of the vacancy, or the name of the preceding magistrate who has resigned, died, or removed. Hence the Executive records will not exhibit with any degree of certainty the justices acting in commission at any one time.

This defect will appear very essential, when it is considered how often it becomes the Executive duty to grant certificates of Magistracy.

Nor has any mode been provided for deciding contested elections for these offices.

In calling the attention of the Legislature to this subject, it may not be an improper occasion to suggest the inquiry, whether some change may not be expedient in the mode of appointing this important class of officers.

I am very sensible of the difficulty of devising any plan that may not be objectionable. That now existing in this state is liable to some serious objections. Judicial appointments of every grade should if possible, be so made as not to require the candidate to enter into a popular canvass; and in elections on this scale, men of the greatest merit will not always press themselves into successful notice. It may also be remarked, that neither the jurisdiction nor the usefulness of this Magistrate is confined to the military beat which selects him. The whole county is interested in a judicious selection, and ought to have some share in the appointment.

The mode which appears to me most advisable is the following:

Let a poll be kept annually at the general election in each county for five or more discreet persons these when elected to be a council or committee of appointment for the county. This council may be entrusted with the appointment not only of justices, but also of constables, coroners, notaries public, assessors and collectors of taxes, county treasurers and clerks, (when officers of the last description may be constitutionally so chosen.) In case of a vacancy in any of these offices, the members of the council may be assembled at the office of the county clerk for the purpose of filling it. Whose duty it may be made to keep a book for entry of appointments, and for noting resignations or other causes of vacancy. It may also be the duty of the clerk to administer and file the oaths of office, and enter a minute of the same on his book. For which service a small fee from the officer qualifying would answer and compensation it being the duty of the clerk to forward a certificate of all appointments requiring a commission from the governor, and who the resignations as other causes of vacancy.

This body may also perform the duties of commissioners of revenue and roads.

On the appointment of the members of this council it is presumable


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the people would every where feel an interest that men of respectability and steadiness should be selected: and the office being altogether honorary it would not be deemed worth running after by those who would be unworthy of it.

I would also take this occasion to mention that very few of the offices of clerks of county or circuit courts are furnished with seals. It may be advisable to make some provision that these should be furnished out of the county funds, and to injoin this duty on the county judge or some other officer.

I have the honor to be your most obedient,

ISRAEL PICKENS.

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

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, was taken up; and on motion, ordered, to be engrossed for a third reading on to morrow.

On motion, the committee of the whole was discharged from the further consideration of the bill to be entitled, an act to establish additional election precincts in the counties therein named & for other purposes.

Mr. Casey proposed the following additional section, as an amendment to said bill, viz: "And be it further enacted, that there shall be one additional election precinct at the house of Joseph Van. for the county of Dallas; and an additional election precinct at the house of Michael Carter, for Henry county;" which was adopted.

Mr. McVay moved, to strike out the word "two" in the first section of said bill and insert in lieu thereof, the word "three;" and the question being put, it was resolved in the affirmative.

Mr. McVay then moved, to insert the following, after the words "military road" in the first section of said bill, "and on election precinct at the house of Andrew McMicken, Esq.; and on the question being put it was resolved in the affirmative.

Mr. Lanier proposed the following additional section, as an amendment to said bill:

"And be it further enacted, that there shall be an additional election precinct established, at the house of Mr. Farler (the place where Abraham Lewis formerly lived,) on the road leading from Huntsville to Col. Burrus' in Madison county;" which was adopted.

The engrossed resolution proposing amendments to the constitution of this state, was on motion, taken up. Mr. McVay moved that the amendment proposed by him to said resolution, by way of rider, be adopted; and on the question being put, it was resolved in the negative.

The question was then put on the passage of said resolution and determined in the affirmative by a constitutional majority--- yeas 13, nays 5.

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

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

Those who voted in the negative, are

Messrs. Casey, Davis, Garth, Lanier, McVay.


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Ordered, that the secretary notify the House of Representatives thereof, and desire their concurrence.

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

Mr. President; I am instructed by the House of Representatives to inform your honorable body, that they have read a third time and passed a bill to be entitled, an act for the relief of purchasers at the first sales of lots in the town of Cahawba, and have amended the same in sundry places, to wit: In the first section after the word "purchased" by adding the words "prior to the first day of January, 1820." In the second section by striking out the figures "1821" and inserting in lieu thereof the figures "1820" In the third section by striking out all the section to the proviso, and inserting in lieu thereof the following.

Sec. 3. And be it further enacted, that all debts due from the purchasers or legal holders of lots in the town of Cahawba shall be paid in four equal annual instalments without interest. The first instalment of become due on the first day of January, 1822; and the debtors aforesaid shall be entitled to a discount of 25 per cent. on each instalment if punctually paid." And in the fourth section between the words "unpaid" and "provided," they have inserted the following, "and if complete payment shall be made on or before the 20th day of May, 1822, a deduction at the rate of fifty per cent. shall be allowed upon the sum remaining unpaid." In all which they desire your concurrence.

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 have read a third time and passed.

An act to establish the permanent seat of justice in the county of Shelby;

An act to authorize the sale of certain lands therein named.

An act to appoint commissioners to lay out a certain road therein designated; An act to amend the laws now in force in this state for the punishment of the crime of horse stealing; and An act for the relief of John McShan of Jefferson county. In all of which they desire your concurrence.

Mr. Wingate, from the committee on enrolled bills, reported that said committee had examined the following bills, and found the same correctly enrolled, viz. An act to incorporate the Mobile Steam Boat Company. An act to authorize the Judge of the county court of St. Clair county to levy a tax to remunerate John Cunningham. An act to authorize the Catholic Congregation of christians in the city of Mobile to sell certain real estate therein mentioned & for other purposes. An act to prevent sheriffs and other officers from levying executions in certain cases. An act to repeal part of an act therein named. An act for the relief of Josiah D. Lister, Esq. sheriff of Washington county. An act to fix the temporary seat of justice in the county of Bibb. An act to authorize Richard Rapier, administrator of Claiborn Mays, deceased to sell a certain lot therein mentioned. an act to authorize Wm. G. Parish, David Johnston, Otis Dyer, Benj. Clements and their associates to erect a toll bridge across the Black Warrior River. An act to amend an act giving jurisdiction to certain counties therein named. An act to alter and extend the boundaries of Limestone county


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An act to authorize the intendant and council of the lower part of Tuskaloosa to erect a toll bridge, across the Black Warrior river. An act divorcing certain persons therein named. An act to authorize the administrator and administratix of Thomas Talbert, deceased, to sell and convey certain real estate; and An act to incorporate Tuskaloosa chapter and Alabama chapter of Royal Arch Masons; all of which were severally signed by Mr. President.

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

3 o'clock P. M.

The Senate met pursuant to adjournment.

On motion, the Senate concurred in the amendments made by the house of representatives, to the bill to be entitled an act for the relief of the purchasers at the first sales of lots in the town of Cahawba. Ordered that the Secretary notify the House of Representatives thereof.

Mr. Lucas agreeably to notice, asked for and obtained leave to introduce a bill, to be entitled an act to regulate appeals from Justice's courts and to give the county courts appellate jurisdiction, 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. Casey from the select committee to whom was referred so much of his excellency the Governor's message as relates to the banking institutions of this state, reported a bill to be entitled an act in relation to the banking institutions of this state, which was read the first time.

Ordered, that said bill be made the order of the day for a 2nd reading to-morrow.

A bill from the House of Representatives, to be entitled an act to provide for digesting the laws of the state of Alabama, was read the 3rd time and passed. Ordered, that the Secretary notify the House of Representatives thereof.

On motion, Ordered, that the bill to be entitled an act to fix the permanent seat of justice in the county of Tuscaloosa, and to provide for the erection of the public buildings be laid on the table until the first day of January next.

A bill from the House of Representatives, to be entitled an act to fix the time for convening the General Assembly of the state of Alabama; a bill to be entitled an act to authorize Wm. Crawford & Co. of Franklin County to build a mill and other water works on the Tennessee river and for other purposes; a bill to be entitled an act for the relief of John McShan of Jefferson county; a bill to be entitled an act to amend the laws now in force in this state for the punishment of the crime of horse stealing; a bill to be entitled an act to authorize the sale of certain lands therein named; a bill to be entitled an act appointing commissioners to lay out a certain road therein named; and a bill to be entitled an act to establish the permanent seat of justice in the county of Shelby, were severally read the first time. Ordered, that said bills be made the order of the day for a second reading on to-morrow.

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