Tuesday, November 27, 1821.

The Senate met pursuant to adjournment.

Patrick May, Esq. a Senator from the counties of Marengo & Greene


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appeared this day, produced his credentials, was qualified by taking the oath prescribed by the Constitution, and by the act entitled "An Act to suppress duelling," and took his seat.

Mr. Hanby presented the petition of sundry citizens of Blount County, praying the passage of a law authorizing the county court of said county to lay a tax for the purpose of paying for the building of a Jail in said county. Ordered, that said petition be referred to the committee on county boundaries.

Mr. Gause presented the petition of sundry citizens of the counties of Montgomery and Autauga, praying the establishment of a public ferry across the Alabama river at or near the town of Montgomery. On motion, Ordered, that said petition be referred to the committee on highways, bridges and ferries.

On motion, Ordered, that Messrs. Gause and Rose be added to the committee on highways bridges and ferries.

Mr. Conner presented the claim of John Cunningham, jailer of St. Clair county, against the state for expenses incurred in receiving and keeping prisoners committed under the authority of the state. On motion, Ordered, that said claim be referred to the committee on claims.

On motion of Mr. McVay the following resolution was adopted: Resolved, that the Judiciary committee be instructed to enquire into the expediency of prohibiting by law, sheriffs from executing civil process issued by justices of the peace.

A bill from the House of Representatives to be entitled an act to establish additional election precincts in the counties therein named, and for other purposes, was read the third time, and passed. Ordered, that the Secretary notify the House of Representatives thereof and request their concurrence.

An engrossed bill to be entitled an act declaring the Mulberry fork of Tuskaloosa river navigable from its junction with the Sipsie fork to Baltimore, was read the third time and passed. Ordered, that the words "a bill to be entitled" be stricken out. Ordered, that the Secretary notify the House of Representatives thereof and desire their concurrence.

The engrossed 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 on motion, Ordered, to lie on the table. A bill to be entitled an act for the relief of Wm. Walton, was taken up, read the third time and passed. Ordered, that the Secretary inform the House of Representatives thereof.

The following message was received from the House of Representatives, by Mr. Armstrong:

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 to incorporate the town of Sparta, and for other purposes, in which they desire your concurrence. They have also read a third time and passed, an act to amend and repeal a part of the second section of an act to authorize the governor to dispose of the public arms of this state, passed on the 7th December, 1820, which originated in your honorable body.


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The following message was also received by Mr. Armstrong.

Mr. President; I am instructed by the House of Representatives to inform your honorable body, that they have concurred in the amendments made by your honorable body, to the act authorizing a lottery for the making a turn pike road leading from the city of Mobile to Bogue Chitto creek in Mobile county; and to authorize a lottery to erect and furnish a Masonic Hall for the use and benefit of Russellville Lodge No. 7.

A bill to be entitled an act in relation to the banking institutions in this state, 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 on to-morrow.

A joint resolution on the subject of the Creek and Cherokee nations of Indians, was read a second time. Ordered, that said resolution be engrossed for a third reading on to-morrow. 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; was read the second time. Mr. Elliott moved, that the further consideration of said bill be indefinitely postponed, and on the question being put, it was resolved in the affirmative.

A bill to be entitled, an act relating to justices of the peace, was read the second time.

Mr. Gause moved, that the further consideration of said bill be indefinitely postponed; and on the question being put, it was determined in the negative--- yeas 9, nays 9.

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

Messrs. Davis, Garth, Gause, Hanby, Hogg, May, Trotter, Ware, Wingate.

Those who voted in the negative, are

Mr. President, Conner, Chambers, Deveraux, Dennis, Lucas, Lanier, McVay, Rose,

Ordered, that said bill be engrossed and made the order of the day on to-morrow.

A bill to be entitled, an act to regulate appeals from justice's courts and to give the county courts appellate jurisdiction, 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.

Mr. Chambers presented a communication from Carter B. Harrison Esq. adjutant general of the state of Alabama, which was read, and on motion, referred to the military committee.

On motion, Ordered, that Mr. McVay be added to the military committee.

A bill from the House of Representatives to be entitled an act appointing commissioners to lay out a certain road therein designated, was read the second time.

Mr. Hogg moved, to insert the names of Hansel McKinney, Thomas Williams and James Drennin as commissioners, in said bill, and on the question being put, it was resolved in the affirmative.

Mr. Hogg then moved, to strike out the words "at or near the place where the said road intersects the line of fractional township number


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22 west of the basis meridian from Huntsville", and on the question being put, it was resolved in the affirmative.

On motion, ordered, that said bill be committed to a committee of the whole house and made the order of the day on to-morrow.

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