Thursday, November 29, 1821.

The Senate met pursuant to adjournment.

Mr. Gause from the committee on enrolled bills, reported that said committee had examined an act to authorize the Governor to borrow a certain sum of money therein mentioned, and to settle the debt due by the state to the Huntsville bank, and found the same duly enrolled.

Said bill was then signed by the President.

Mr. Elliott from the committee on the Judiciary reported a bill to be entitled an act to amend the several acts regulating the proceedings in the courts of Law and Equity in this state; 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. Dennis from the committee on Inland navigation reported a bill


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to be entitled an act to establish a board of Internal improvement, 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. Elliott, from the select committee to whom was referred the statement of Harry Toulmin, Esq. in relation to the situation of the Spanish records in Mobile, reported a bill to be entitled an act in relation to the Spanish records in the county of Mobile, 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. McVay offered the following resolution:

Resolved, that the committee on the Judiciary be instructed to enquire into the expediency of authorizing by law the Executive to remit forfeitures, and tat they report by bill or otherwise, which was adopted.

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 granted him to introduce a resolution making it the duty of Harry Toulmin, and the Judges of the Supreme and Circuit courts of this State, to report to the General Assembly any defects or imperfection which may exist in the statutes of this state; 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, of Mr. Garth, the committee of the whole was discharged from the further Consideration of the bill to be entitled an act in relation to the banking institution in this state.

Mr. Garth moved to strike out the following words in the first section of said bill, "no bill or note of any bank whatsoever, shall be receivable at the Treasury of this state, in payment of taxes, nor shall they be receivable in payment of fines and forfeitures, which may accrue to the state, or to the counties respectively, unless, at the time of making such payments, the bank, whose bills or notes are so offered in payment is in the regular course of redeeming its notes and bills with specie according to their nominal value;" and on the question being put, on striking out said words, the yeas and nays being desired, it was determined in the negative, yeas 4, nays 14.

Those who voted in the affirmative, are

Messrs. Davis, Garth, Lucas, McVay-- 4.

Those who voted in the negative are

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

Mr. Casey moved to strike out the words "the passage of this act" in the first section of said bill and on the question being put, it was determined in the affirmative.

Mr. Casey then moved to insert the words "the 15th day of February, 1822" in lieu of the words stricken out, and on the question being put, it was resolved in the affirmative. Ordered, that said bill lie on the table for the present.

A message from the House of Representatives by Messrs. Armstrong and Clay: Mr. President: We are instructed by the House of Representatives to inform your honorable body, that they have adopted the following resolution. Resolved, that a message be sent to the Senate.


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informing them, that at the hour of 12 o'clock this day, they will be ready to go into the election for Judges of the county court, to fill such vacancies as now exist; in which they desire your concurrence.

Mr. Rose moved to amend said resolution, by striking out the words "at the hour of 12 o'clock this day" and inserting in lieu thereof, the words "on to morrow at the hour of 7 o'clock, P. M." and on the question being put, it was resolved in the affirmative. Ordered, that the Secretary inform the House of Representatives thereof, and request their concurrence.

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 the Governor to inform you, that he did on the 28th inst. approve and sign, an act for the relief of purchasers at the first sale of lots in the town of Cahawba, 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 Dec. 1820; and, an act to alter the boundary line, between the counties of Clarke and Monroe, and on this day an act to authorize the Governor, to borrow a certain sum of money therein mentioned and to settle the debt due by this state to the Huntsville Bank; all of which originated in this honorable body.

On motion of Mr. Gause, 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 to authorize the administrators of the late John Lucas, to sell certain real estate, 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 his Excellency, the Governor, by James J. Pleasants, Esq. Secretary of State.

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

I have just received a letter from the president of the Planters and Merchants Bank at Huntsville, which as it relates to a subject now before the legislature, is proper to be laid before you.

It is the wish of the board of directors of that institution, that provision should be made, during the present session for paying the loan of $10,000 due from the state. The object expressed is "to enable the bank to resume specie payments at no very distant day." To accomplish which desirable purpose, the directors and compelled to call in a considerable portion of their debts.

In the accomplishment of the laudable purpose of restoring our medium of circulation to full credit, the legislature will feel the deepest interest. And while we have complained, so justly, of the public evil resulting from the suspension of payments by that bank; I trust, that the government of the state will not stand in the way of its early removal,

This profession on the part of the bank deserves a favourable notice by the legislative body; and may be a reason for deferring to a reasonable day the operation of any definitive proceedings against that institution.

The period for the succeeding six months will be peculiarly favourable for affording facilities to the bank for resuming specie payments.


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The sale of the crops on hand for a specie paying paper will furnish the bank, through the medium of its debtors, with solid means for redeeming its debts.

In any event, the policy of excluding from the treasury the paper of all banks that do not pay specie, will not be the less obvious.

                                                                                                      ISRAEL PICKENS.

Executive Department, November 27, 1821.

Said message was read, and on motion, referred to the committee on the Huntsville bank.

A bill to be entitled, an act to establish the seat of justice in the county of Blount, was read the second time.

Mr. Hanby moved, to strike out all of the first section of said bill after the word "county" and to insert in lieu thereof, the following, "to hold an election at the muster ground in each captains district, for the purpose of electing a commissioner in each captains beat to fix on the permanent seat of justice in said county;" and on the question being put, it was determined in the affirmative.

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

A bill to be entitled an act for the relief of John McShan, of Jefferson county, was read the third time as amended, and passed. Ordered, that the secretary notify the House of Representatives thereof, and ask their concurrence.

Mr. Elliott, from the joint committee, to whom was referred to the expediency of memorializing the Congress of the United States, on the subject of removing the restriction imposed by the act of Congress, for our admission into the union, on the lands of the United States sold after the first September, 1819, and which exempts them from taxation for five years after the sales thereof, reported, that it was expedient to memorialize Congress on the subject matter referred to the joint committee; and reported a memorial, which was read the first time. Ordered, that said memorial be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives, to be entitled, an act to establish the seat of justice in the county of Shelby, was read the third time and passed. Ordered, that the secretary inform the House of Representatives thereof.

An engrossed bill to be entitled, an act relating to justices of the peace was read the third time and passed. Ordered, that the title of said bill be altered to, an act relating to justices of the peace. Ordered, that the secretary acquaint the House of Representatives thereof and desire their concurrence.

Mr. Elliott gave notice that on to-morrow he should ask for leave to introduce a bill to be entitled, an act supplementary to the several acts in relation to wills, intestates and Guardians; also, a bill to be entitled, an act to amend the act to incorporate the city of Mobile; also, a bill to be entitled, an act for the relief of Henry V. Chamberlain.

A joint resolution instructing our Senators, and requesting our Representative, in Congress to use their exertions in procuring an appropriation for the purpose of treating with the Creek and Cherokee na-


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tions of Indians was read the third time and passed. Ordered, that the secretary inform the House of Representatives thereof, and request their concurrence.

A bill to be entitled, an act to authorize Leonard Abercrombie to emancipate certain slaves therein named, was read the third time; and on the question, "shall this bill pass?" It was determined in the affirmative--- yeas 11, nays 6.

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

Mr. President, Conner, Chambers, Deveraux, Dennis, Hanby, Hogg, Lucas, Lanier, May, Wingate.

Those who voted in the negative, are

Messrs. Casey, Elliott, Garth, McVay, Trotter, Ware.

Ordered, that the title of said bill be altered from a bill to an act to authorize Leonard Abercrombie to emancipate certain slaves therein named. Ordered, that the same be sent to the House of Representatives for their concurrence.

A bill to be entitled, an act to regulate appeals from justices' courts, and to give the county courts appellate jurisdiction, was read the third time. Mr. Chambers proposed the following as an amendment to said bill , by way of rider.

"And be it further enacted, That the Circuits courts of this state shall have the jurisdiction that was given to the several superior courts, by the act of the General Assembly passed at Huntsville, 17th December 1819 entitled an act to prevent frauds and fraudulent combinations in the sale of public lands in this state."

On motion the rule which requires all amendments by way of rider to be read on three several days, was dispensed with, and said amendment was read a second and third time and adopted. Mr. Rose moved, that the vote of the Senate ordering said bill to be read the third time be reconsidered; and on the question "will the Senate reconsider their vote?" it was resolved in the affirmative. On motion, Ordered, that said bill be committed to the committee on the judiciary to examine and report thereon.

On motion the Senate resumed the consideration of the bill to be entitled an act in relation to the banking institutions in this state. Mr. Casey moved, that, the third section of said bill be stricken out; and on the question being put it was resolved in the affirmative.

Mr. Davis moved to insert after the word "payment" in the second section of said bill the words "interest from the rendition of the judgment until finally paid" and on the question being put on the adoption of said amendment it was decided in the affirmative.

Mr. Elliott moved, to insert the following at the close of said amendment, "or the amount of such judgment be made by due course of law," which was agreed to. Mr. Casey moved, to strike out all of said bill in the fourth section between the word "and" and the words "and that the Governor" and to insert in lieu thereof the following: "that the Court determining the case shall have power to adjudge and decree concerning the same according to law and usage, and to declare the charter of such bank forfeited; and also to make such orders considered


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thereupon, in relation to the estate and effects, rights and credits of such bank, as shall secure the rights of all concerned & on the question being put it was decided in the affirmative. Ordered, that said bill be engrossed and made the order of the day for a third reading on to-morrow.

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

Three o'clock, P. M.

The Senate met pursuant to adjournment.

A bill from the House of Representatives to be entitled an act to amend the militia laws of this state was read the first time; Ordered, that said bill be made the order of the day for the second reading on to-morrow.

A bill from the House of Representatives to be entitled an act to incorporate the Murder creek navigation was read the first time: Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives to be entitled an act supplementary to an act entitled an act to suppress duelling, passed 17th December 1819, was read the first time, Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill from the House of Representatives to be entitled an act to authorize John Dixson, to emancipate a certain slave therein named, was read the first time and on the question "shall this bill be read a second time?" it was decided in the negative.

A bill from the House of Representatives to be entitled an act to incorporate the town of Sparta, 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 to be entitled an act appointing commissioners to lay out a certain road therein designated, was read the second time, Ordered, that said bill be committed to a committee of the whole house and made the order of the day for to-morrow.

On motion, Ordered, that the bill from the House of Representatives to be entitled an act to appoint commissioners to lay out a road therein designated be laid upon the table for the present.

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

Mr. President: I am directed by the House of Representatives to inform your honorable body, that they have agreed to the amendment made by your honorable body to the resolution proposing to go into the election of Judges of the county courts. They also concur in the amendments made by your honorable body to the bill entitled an act for the relief of John McShan of Jefferson county.

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 Wm. Crawford & Co., of Franklin county to build a mill, and other water works on the Tennessee river, and for other purposes, Mr. Gause in the chair, and after some time spent therein the committee rose, Mr. President resumed the chair and Mr. Gause reported, that the committee of the whole had according to order had, said bill under consideration and had directed him to report the same without amendment which was concurred in. Said bill was then read the third time and passed. Or-


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dered, that the Secretary notify the House of Representatives thereof.

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

Mr. President: I am instructed by the House of Representatives to inform your Honourable body, that they have read a third time and passed an act supplementary to an act entitled an act for the collection of monies due the state, and for other purposes, passed Dec. 16th, 1820; and an act to allow compensation to Wm. Dunn, for examining the Black Warrior river above the town of Tuskaloosa; in which they desire your concurrence.

Mr. Casey, from the committee on the apportionment, reported a bill to be entitled an act to apportion the Representatives, and to divide the state into Senatorial Districts: 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 bill from the House of Representatives to be entitled an act supplementary to an act entitled an act for the collection of moneys due the state and for other purposes, passed December 16, 1820; and a bill to be entitled an act to allow compensation to Wm. Dunn, for examining the Black Warrior river above the town of Tuscaloosa 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, Ordered, that his Excellency the Governor's Message of the 26th inst. be referred to the committee on the judiciary.

A message from his Excellency the Governor, by J. J. Pleasants, Esq. Secretary of State.

Executive Department, Nov. 29, 1821.

Gentlemen of the Senate, and of the house of Representatives

The resignation of Samuel Chapman, Esq. Judge of the county court of Madison county has this day been received: also I have received the resignation of John S. Fulton, Esq. Judge of the county court of Franklin county.

I have the honor to be &c.

ISRAEL PICKENS.

Ordered, to lie on the table.

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