Friday, Nov. 30, 1821.

The Senate met pursuant to adjournment.

Mr. Casey presented the petition of Robert H. Gregg, Tax Collector of Wilcox county: which was read, and on motion, Ordered, to lie on the table.

On motion of Mr. May, 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 incorporate the town of Demopolis; which was read the first time; on motion, the rule which requires all bills to be read on three several days was dispensed with said bill was read the second time by its caption. Ordered, that said bill be engrossed and made the order of the day for to-morrow.

Mr. Elliott from the Judiciary committee, to whom was referred the bill to be entitled an act to regulate appeals from Justices Courts and to give the county courts appellate jurisdiction, reported that in


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the opinion of said committee the features of said bill are objectionable and that the same ought to be indefinitely postponed; which was concurred in.

Mr. Trotter moved, a reconsideration of the vote of the senate on the 2nd reading of the bill, to be entitled an act to authorize John Dixon to emancipate a certain slave therein named; and on the question being put, it was resolved in the affirmative; said bill was then read a second time. On motion, Ordered, that said bill lie on the table.

Mr. Elliott moved, to reconsider the vote of the Senate on the third reading of the bill to be entitled an act for the relief of John Bishop; & on the question being put it was resolved in the affirmative. The question was then put on the passage of said bill and the yeas and nays being required, it was determined in the affirmative, yeas 13, nays 4.

Those who voted in the affirmative, are

Mr. President, Casey, Chambers, Davis, Devereux, Elliott, Gause, Lanier, McVay, May, Rose, Ware and Wingate-- 13.

Those who voted in the negative, are

Messrs. Garth, Hogg, Lucas and Trotter--- 4.

A message from the House of Representatives, by Mr. Morton. Mr. President, I am directed to inform your honorable body, that the House of Representatives have read a third time and passed, an act for the relief of Eugenio Campbell, tax collector of Lawrence county, for the year 1820; also, an act to authorize the executor of Joseph Phillips, deceased, to sell and transfer certain certificates of land therein named; also, an act to authorize the sale of the Public Land adjoining the town of Cahawba, in all which they desire your concurrence.

On motion, the bill to be entitled an act to authorize John Dixon to emancipate a certain slave therein named, was taken up. Mr. Chambers proposed the following additional sections, by way of amendment to said bill:

"And be it further enacted, That the said negro slave, Clarissa shall not be entitled to any of the benefits of this act, except she leaves this state by the first day of April, 1822.

"And be it further enacted, That should the said negro woman, Clarissa return to this state voluntarily, or should she be forced back into this state, and remain in the same thirty days after she is at liberty, she shall return to the same state of slavery as she was in, before the passage of this act;" which was adopted. The question was then put, "shall this bill be read the third time?" and decided in the negative.

An engrossed bill to be entitled an act to establish the seat of justice in the county of Blount, was read the third time and passed. Ordered, that the title of said bill, be altered from a bill to an act to fix the seat of justice in Blount county. Ordered, that the Secretary notify the House of Representatives thereof, and request their concurrence.

An engrossed bill to be entitled an act in relation to the banking institutions in this state, was read the third time.

Mr. Davis moved to fill the first blank in said bill, with the word fifteen, and on the question being put, it was decided in the negative.

Mr. President, having called Mr. Garth, to the chair moved to re-


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consider the voted of the Senate, ordering said bill to the third reading and on the question being put, it was resolved in the affirmative.

Mr. President then moved to strike out the following words, in the second section of said bill, viz: "interest from the rendition of the judgment," and on the question being put, it was decided in the affirmative.

Mr. Chambers moved to fill the second blank in said bill, with the word "six," and on the question being put, it was decided in the affirmative. Said bill was then read the third time.

Mr. Casey moved to amend said bill, by way of rider, with the word "or notes," after the word "note."

On motion, the rule which requires amendments by way of river, to be read three several days, was dispensed with, and said amendment was read the second an third times and adopted. Ordered, that the title of said bill, be altered from a bill to an act in relation to the banking institutions of this state. Ordered, that the same be sent to the House of Representatives for their concurrence.

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 third time and passed. Ordered, that the Secretary inform the House of Representatives thereof.

A joint 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 of imperfections which may exist in the Statutes of this State, was read the second time. Ordered, that said resolution be engrossed and made the order of the day, for the third reading on to-morrow.

A bill from the House of Representatives, to be entitled an act to amend the laws now in force, in this state, for the punishment of the crime of horse stealing, was read the second time, and on the question "shall this bill be read the third time?" it was decided in the negative.

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, 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.

A bill to be entitled an act to establish a board of Internal Improvement, 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.

A bill to be entitled an act, in relation to the Spanish records, in the county of Mobile, 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.

A bill to be entitled an act to apportion the Representatives and to divide the state into senatorial districts, was ordered to lie on the table.

A bill to be entitled an act to authorize the administrators of John Lucas, deceased, to sell certain real estate, 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 on to-morrow.

A memorial to the Congress of the United States praying that the


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restriction imposed by the act of Congress for our admission, exempting lands of the United States from taxation for five years, sold after the passage of said act, should be removed, was read the second time.

Ordered, that said memorial 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 amend the militia laws of this state, 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.

A bill from the House of Representatives, to be entitled an act to incorporate the Murder creek Navigation Company, 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, supplementary to the act, entitled an act to suppress duelling, passed 17th December, 1819, 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.

A bill from the House of Representatives, to be entitled an act, supplementary to an act, entitled an act for the collection of monies due the state, and for other purposes, passed December 16th, 1820, was read the second time. Ordered, that said bill be made the order of the day, for a third reading on to-morrow.

A message from the Governor, by James J. Pleasant, Esq. Secretary of State.

Executive Department, November 30, 1821.

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

I have the honor to inform you of the resignation of William Metcalf, Esq. Judge of the county court of Marion county.

Your most ob't,

(Signed)     ISRAEL PICKENS.

 

Ordered to lie on the table.

A bill from the House of Representatives, to be entitled an act, allowing compensation to William Dunn, for examining the Black Warrior river above the town of Tuskaloosa, was read the second time. Ordered that said bill be made the order of the day, for a third reading on to-morrow

On motion, Ordered, that the bill to be entitled, an act appointing commissioners to lay out a certain road therein designated, be laid on the table.

A bill from the House of Representatives, to be entitled, an act for relief of Eugenio Campbell, tax collector of Lawrence county for the year 1823; a bill to be entitled, an act to authorize the executor of Joseph Phillips, deceased, to sell and transfer certain certificates of bill therein named; and a bill to be entitled, an act to authorize the sale of the public lands adjoining the town of Cahawba, 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 from the House of Representatives to be entitled, an act to ap-


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point commissioners to lay out a certain road there in designated, was on motion, taken up: Mr. McVay moved, to strike out the second and third sections of said bill; and on the question being put, it was decided in the affirmative.

Mr. McVay then moved, to insert the following proviso at the close of said bill, "provided nevertheless, that the said commissioners shall not be entitled to receive compensation for their services from the state of Alabama;" which was adopted. Ordered, that said bill be made the order of the day for a third reading on to-morrow.

Mr. Elliott agreeably to notice, obtained 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; which were severally read the first time.

On motion, the Senate adjourned till 7 o'clock, P.M.

Seven o'clock, P.M.

The Senate met pursuant to adjournment.

William D. Gaines, a Senator from the county of Jackson, appeared and took his seat.

A MESSAGE FROM THE GOVERNOR.

                                                    Executive Department, November 30, 1821.

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

I have the honor to inform your of the resignation of Francis Flournoy, Esq. judge of the county court of Pickens county.

Your most ob't,

ISRAEL PICKENS,

Ordered, to lie on the table.

Messrs. Greening and Parham, informed the Senate, that the House of Representatives were ready to receive them in their chapter, for the purpose of electing judges of the county courts to supply such vacancies as now exist: Whereupon the members of the Senate repaired to the Representative chamber; and after having taken their seats, Mr. President arose and declared the object of the meeting; when both houses proceeded to the election of a judge of the county court of Mobile county, to supply the vacancy occasioned by the resignation of H. H. Rolston, Esq., Thomas Murray and Henry V. Chamberlain being in nomination.

Those who voted for Mr. Murray, are

Messrs. Casey, Davis, Gause, (of the Senate) Mr. Speaker, Anderson, Armstrong, Ayers, Bagby, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Duckworth, Edmondson, Fitzpatrick, Fleming, Greening, Hardwicke, Holderness, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Vining, Weedon, Williams, Williamson (of the House,)-- 41.

Those who voted for Mr. Chamberlain, are

Mr. President, Conner, Chambers, Devereux, Dennis, Elliott, Gaines, Hanby, Hogg, Lucas, Lanier, McVay, May, Rose, Ware, Wingate, (of the Senate,) Messrs. Allen, Beene, Brown, Davis, Graham, Hopkins, Jones, Miller, Tagert, (Rep.)-- 24.

Mr. Massey having received a majority of both houses, Mr. Speaker declared him duly elected judge of the county court of Mobile county. Both houses then proceeded to the election of judge of the county court of Baldwin county, Sylvester Hill being in nomination, all the members


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present voting or Mr. Bill, Mr. Speaker declares unanimously elected. Both houses then proceeded to the election of a judge of the county court of Perry county, to supply the vacancy occasioned by the resignation of Edwin D. King; Charles J. Shackleford and Henry Bernhard being in nomination.

Those who voted for Mr. Shackleford, are,

Messrs. Conner, Dennis, Gause, Gaines, Hogg, Lucas, Lanier, McVay, May, Rose, Ware, Wingate, (of the Senate) Messrs. Anderson, Ayers, Beene, Brown, Dabney, Dale, Davis, Duckworth, Fitzpatrick, Fleming, Graham, Hardwicke, Hopkins, Jones, King, Leake, Masterson, Moore, Morton, McHenry, Philpott, Parham, Skinner, Vining, Weedon, Williamson, (of the House)-- 38.

Those who voted for Mr. Bernhard, are

Mr. President, Casey, Chambers, Davis, Devereux, Elliott, Hanby, (of the Senate.) Mr. Speaker, Allen, Armstrong, Bagby, Carr, Clay, Crenshaw, Craig, Edmondson, Greening, Holderness, Montgomery, Magoffin, Murrell, Miller, Martin, Norwood, Pickett, Tagert, Williams, (Rep.)-- 27.

Mr. Shackleford, having a majority of both houses, Mr. Speaker declared him duly elected judge of the county court of Perry county.

Both Houses then proceeded to the election of a judge of the county court of Dallas county; William Aylett being in nomination; all the members present voting for Mr. Aylett. Mr. speaker declared him unanimously elected. Both houses then proceeded to the election of a judge of the county court of Franklin county, to supply the vacancy occasioned by the resignation of John S. Fulton, Esq. James Davis being in nomination, all the members present voting for Mr. Davis, Mr. Speaker declared him unanimously elected. Both houses then proceeded to the election of a judge of the county court of Blount county, to supply the vacancy occasioned by the resignation of William B. Wallace, Esq. Marston Mead and William Dunn, being in nomination.

Those who voted for Mr. Mead, are

Messrs. Conner, Davis, Deveraux, Lanier, May, Ware, Wingate, (of the Senate.) Mr. Speaker, Anderson, Armstrong, Bagby, Clay, Dabney, Dale, Edmondson, Fleming, Greening, Hardwicke, Holderness, Hopkins, King, Leake, Montgomery, Magniffin, Murrell, Masterson, Moore, Morton, Martin, Norwood, Pickett, Powell, Philpott-- 33

Those who voted for Mr. Dunn, are

Mr. President, Casey, Chambers, Dennis, Elliott, Gaines, Hanby, Hogg, McVay, Rose, (of the Senate.) Messrs. Allen, Ayers, Beene, Brown, Carr, Crenshaw, Craig, Davis, Duckworth, Fitzpatrick, Graham, Jones, Miller, McHenry, Parham, Skinner, Tagert, Vining, Williamson-- 31.

After Mr. Speaker had announced Mr. Mead duly elected, some of the members of the House of Representatives coming in, and the Speaker deciding they and no right to vote without leave of the house, the question was put to the House of Representatives, "shall the voted be again taken in this election?" and decided in the affirmative. Both houses then proceeded to ballot a second time for judge of said county, the same persons in nomination.

Those who voted for Mr. Mead, are

Messrs. Conner, Davis, Devereux, Lanier, Ware, Wingate, (of the Senate.) Mr. Speaker, Anderson, Armstrong, Bagby, Clay, Dabney, Dale, Edmondson, Fleming, Greening, Hardwicke, Holderness, Hopkins, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Moore, Morton, Martin, Norwood, Pickett, Powell, Philpott, (Rep.)-- 32.

Those who voted for Mr. Dunn, are Mr. President, Casey, Chambers, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, McVay, May, Rose, (of the Senate) Messrs. Allen, Ayers, Barclay, Beene, Carr, Crenshaw,


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Craig, Davis, Duckworth, Fitzpatrick, Graham, Jones, Kennedy, Miller, McHenry, Parham, Skinner, Tagert, Vining, Williams, Williamson, (Rep.)-- 34.

Mr. Dunn having a majority, Mr. Speaker declared him duly elected.

Both Houses then proceeded to the election of a Judge of the county court of Marion county, to supply the vacancy occasioned by the resignation of William Metcalfe, Esquire- Anderson Ritter being in nomination, all the members present voting for Mr. Ritter, Mr. Speaker declared him unanimously elected.

Both Houses then proceeded to the election of a Judge of the county court of Madison county, to supply the vacancy occasioned by the resignation of Samuel Chapman; Samuel Chapman and Henry Minor being in nomination.

Those who voted for Mr. Chapman, are

Messrs. Casey, Conner, Davis, Dennis, Elliott, Gaines, Hanby, Hogg, McVay, Rose and Ware, (Reps) Mr. Speaker, Armstrong, Bagby, Barclay, Brown, Carr, Clay, Crenshaw, Dale, Duckworth, Fitzpatrick, Fleming, Greening, Hardwick, Holderness, Jones, Leake, Montgomery, Magoffin, Moore, Morton, Martin, Philpott, Parham, Tagert, Thompson, Weedon, Williams and Williamson-- 40.

Those who voted for Mr. Minor, are

Mr. President, Deveraux, Gause, Lucas, Lanier, May and Wingate, (Reps.) Messrs. Allen, Anderson, Ayers, Beene, Craig, Dabney, Davis, Edmondson, Graham, Hopkins, Kennedy, King, Murrell, Masterson, Miller, McHenry, Norwood, Pickett, Powell, Sinner, and Vining-- 26.

Samuel Chapman. Esq. having a majority of both Houses, Mr. Speaker declared him duly elected Judge of the county court of Madison county.

Both Houses then proceeded to the election of Judge of the county court of Pickens county, to supply the vacancy occasioned by the resignation of Francis Flournoy, Esq.--- Solomon Marshall being in nomination, all the members present voting for Mr. Marshall, Mr. Speaker declared him unanimously elected Judge of the county court of Pickens county.

The elections having been gone through, the members of the Senate withdrew, and returned to their own chamber, and Mr. President resumed the chair; when, on motion, the Senate adjourned till to-morrow morning, at 10 o'clock.