Wednesday, Nov. 28th, 1821.

The Senate met pursuant to adjournment. Mr. Chambers offered the following resolution; Resolved that the Judiciary committee be instructed to enquire into the expediency of authorizing constables, to call on a reasonable portion of the militia to aid them in executive state warrants, where it shall be necessary, which was adopted.

A bill from the House of Representatives, to be entitled an act to incorporate the town of Sparta, and for other purposes, was read the first time. Ordered that said bill be made the order of the day for a second reading on to-morrow.

Mr. Gause, from the committee on enrolled bills, reported, that said committee had examined the bill entitled "an act to provide for digesting the Laws of the state of Alabama," and found the same duly enrolled: said bill was then signed by Mr. President.

Mr. Gause, from the select committee to whom was referred the petition of a number of the citizens of Blount county, reported a bill, to be entitled an act to establish the seat of justice in the county of Blount, 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 Messrs. Greening and Martin: Mr. President and gentlemen of the Senate, I am instructed to inform your honorable body, that the House of Representatives will be ready at the hour of 12 o'clock to day to go into the election of a suitable person to digest the laws of this state. Ordered, that said message lie on the table for the present.

Mr. Gause, from the committee on enrolled bills, reported, that said committee had examined the following bills, and found the same duly enrolled, viz: An act to alter the boundaries between the counties of Monroe and Clarke; 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 day of December, 1820; an act for the relief of purchasers at the first sales of lots in the town of Cahawba, all of which were severally signed by Mr. President.

A message from his Excellency, the Governor, by James J. Pleasants, Esq. Secretary of State: Mr. President, and gentlemen of the Senate, I am instructed by his Excellency, the Governor, to inform you that he did on the 27th inst. approve and sign, the following acts, to wit: an act to appoint commissioners to lay out a road therein named 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, 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 prevent sheriffs


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and other officers from levying executions in certain cases all of which acts originated in this honorable body.

A bill from the House of Representatives, to be entitled an act for the relief of John McShan, of Jefferson county, was read the second time.

Mr. Conner moved to insert the name of "William McShan" after the name of "John McShan," in said bill and on the question being put it was resolved in the affirmative.

Mr. Garth moved to insert the word "each" after the word "dollars," in said bill, and the question being put, it was resolved in the affirmative.

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 sale of certain lands therein named, was read the second time. Mr. Casey 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 from the House of Representatives to be entitled, an act to establish the permanent seat of justice in the county of Shelby, was read the second time. Ordered, that said bill be made the order the day for a third reading on to-morrow.

A bill from the House of Representatives to be entitled, an act to authorize Wm. Crawford and Co. of Franklin county to erect a mill and other water works on the Tennessee river, was read the 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 message from the House of Representatives by Mr. Philpott. Mr. President; I am instructed to inform your honorable body, that the House of Representatives have concurred in the amendments made by your honorable body to the act to establish additional election precincts in certain counties therein named, and for other purposes.

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 was read the second time.

Mr. Davis moved, to strike out the words "second Monday in November in each and every year" in said bill; and on the question being put, it was decided in the affirmative.

Mr. Davis then moved, to insert in lieu of the words stricken out the following "on the second Monday in January, 1823, and on each succeeding second Monday in January in each and every year, until otherwise directed by law;" and on the question being put, it was decided in the affirmative. Ordered, that said bill be made the order of the day for a third reading on to-morrow.

Mr. Gause from the committee on enrolled bills, reported that said committee had examined the following acts, and found the same duly enrolled, viz: an act authorizing the administrators of the estate of Robert Morrow, deceased, to sell certain real estate therein mentioned, and an act for the relief of William Walton; which were accordingly signed by Mr. President.


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The Senate according to the order of the day resolved itself into a committee of the whole on the bill to be entitled, an act to authorize Leonard Abercrombie to emancipate certain slaves therein named, Mr. Casey in the chair, and after some time 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 said bill under consideration, and directed him to report the same with an amendment; which was concurred in.

Mr. Garth proposed the following additional section as an amendment to said bill: "And be it further enacted, that every person holding slaves are hereby authorized to emancipate them agreeably to the permissions of this act;" and on the question being put, on the adoption of said amendment, it was decided in the negative.

Mr. McVay moved, that the first section of said bill be stricken out, and the question being put, the yeas and nays being desired, it was determined in the negative--- yeas 4, nays 14.

Those who voted in the affirmative, are

Messrs. Elliott, Gause, McVay and Trotter-- 4.

Those who voted in the negative, are

Mr. President, Casey, Conner, Chambers, Deveraux, Dennis, Hanby, Hogg, Lucas, Lanier, May, Rose, Ware and Wingate-- 14.

It was moved that the vote of the Senate, on concurring in the amendment made by the committee of the whole, to said bill be reconsidered and on the question, "will the senate reconsider their vote?" it was determined in the affirmative.

The following was then proposed as an amendment to said bill: "Provided that if any of the persons emancipated by this act, shall return into this state, and remain as residents of their own accord, such person or persons shall be considered to be in the same state of slavery as if this act had never passed;" which was adopted. Ordered, that said bill be engrossed and made the order of the day for a third reading on to-morrow.

A message from the House of Representatives, by Mr. Hardwick: Mr. President: I am instructed to inform your honorable body, that the House of Representatives have read a third time and passed, an act to authorize John Dixon to emancipate a certain slave therein named; also, an act to incorporate the Murder creek Navigation Company, also, an act supplementary to an act entitled, an act to suppress duelling, passed 17th December, 1819; also, an act to alter and amend the militia law of this state, in all which they desire your concurrence.

The following message was also received by Mr. Hardwick: Mr. President; I am instructed to inform your honorable body that the House of Representatives, have read a third time and passed, an act authorizing the Governor to borrow a certain sum of money therein mentioned, and to settle the debt due by this state to the Huntsville Bank, which originated in your honorable body.

On motion of Mr. Rose, the rule which requires one days notice before the introduction of a bill, was dispensed with and leave was given him to introduce a bill to be entitled an act appointing commissioners


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to lay out a certain road therein designated, which was read the first time. Ordered, that said bill be made the order of the day, for a second reading on to-morrow.

On motion, the Senate concurred in the message from the House of Representatives, proposing to go into the election of a suitable person to digest the laws of this state, at the hour of 12 o'clock to day. Ordered, that the Secretary inform the House of Representatives thereof.

Mr. Weedon informed the Senate, that the House of Representatives were ready to receive them for the purpose of electing a digester of the laws of this state; whereupon the members of the Senate repaired to the Representatives chamber, and after having taken their seats, Mr. President arose and declared the object of the meeting, and both Houses, proceeded to the election of a digester of the laws of the state of Alabama; Harry Toulmin, John P. Crowell, and John J. Inge, Esquires, being in nomination:

Those who voted for Mr. Toulmin, are

Mr. President, Chambers, Elliott, Gause, Lanier, McVay, May, Rose, Trotter and Wingate (of the Senate) Mr. Speaker, Anderson, Armstrong, Bagby, Beene, Carr, Crenshaw, Dale, Evans, Elmore, Greening, Graham, Kennedy, King, Leake, Montgomery, Magoffin, Murrell, Miller, Norwood, Pickett, Parham, Skinner, Smith, Tagert, Thompson, Vining and Weedon, (Rep.)-- 38.

Those who voted for Mr. Crowell, are

Messrs. Casey, Conner, Davis, Devereux, Dennis, Lucas and Ware, (of the Senate) Ayers, Barclay, Brown, Clay, Dabney, Davis, Duckworth, Fitzpatrick, Fleming, Hardwicke, Hopkins, Jones, Moore, Morton, McHenry, and Williamson-- 23.

Those who voted for Mr. Inge, are

Messrs. Garth, Hanby and Hogg, (of the Senate) Messrs. Allen, Craig, Edmondson, Holderness, Masterson, Martin, Powell, Philpott, Perry and Williams--- 13.

Harry Toulmin Esquire, having a majority of both Houses, Mr. Speaker declared him duly elected. The election having been gone through the members of the senate withdrew and retired to their own chamber, and Mr. President resumed the chair.

Mr. Elliott presented a communication from Harry Toulmin, Esq. in relation to the Spanish Records, in Mobile, which was read, and on motion referred to a select committee, with leave to report by bill or otherwise: Whereupon, Messrs. Elliott, Davis and Hanby was appointed said committee.

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