Wednesday, Dec. 22, 1824.

The Senate met pursuant to adjournment.

A message from the House of Representatives, by Mr. Murray their clerk: Mr. President, the House of Representatives have directed me


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to inform your honorable body, that they have read three time and passed bills originating in their house of the following titles, to wit: An act to incorporate the Montgomery light infantry company; An act to alter and amend the law concerning retailers; An act to establish an additional election precinct in the county of Lawrence; An act to authorise the county court of Bibb county to appoint some person to transcribe certain records of said court, and for other purposes; An act authorising Isaac Pugh to transfer certain real estate therein named; An act to emancipate to the mulatto girl Margaret a slave of James Johnson of Mobile county; An act to exempt persons from working on a certain state road a greater distance from their places of residence than if the same were a county road; an act to establish a certain road therein mentioned; an act to authorise the administrator of Cadwallader Lucy, deceased, to sell and convey certain certificates of land upon which the first payment only has been made; an act to repeal in part an act entitled an act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned, passed Dec. 17, 1821, and for other purposes; An act to establish certain election precincts therein named; An act amendatory to an act entitled an act to establish a public road from the south boundary line of township 8, in range 4 or 5 west of the basis meridian of Huntsville to the Falls of Tuscaloosa, passed Dec. 1820; An act making an appropriation for Thomas B. Childress; and, an act in regulating elections; in all of which they desire your concurrence.  They have read three times and passed bills originating in your honorable body, of the following titles, to wit: An act giving further time in which executions shall be made returnable, which issued by justices of the peace from one county to another, and an act to establish certain election precincts therein named; which latter they have amended by an additional section; and in which amendment they most respectfully desire your concurrence.

Mr. Hopkins from the judiciary committee to which was referred a bill to be entitled, an act supplemental of, and amendatory to, an act entitled an act to revise and consolidate and amend the several acts relative to justices of the peace and constables, passed Dec. 27, 1818, and for other purposes; reported the same as amended, which was concurred in.  Ordered that the bill be engrossed for a 3d reading tomorrow.

Mr. Shackleford from the committee on inland navigation to which was referred a bill to be entitled; an act to incorporate the Spring creek navigation company; reported the same without amendment; the bill was then read the 3d time and passed.  Ordered that the secretary acquaint the House therewith.

Mr. Powell from the committee on accounts and claims, to which was referred a bill to be entitled, an act for the relief of J. J. Burton and ____ Holt, reported the same as amended, which was concurred in.   On motion, ordered that the blank in the title of the bill relating to Mr. Holt's christian name be filled with Stephen.  Ordered that the bill be read the 3d time tomorrow.

Message from the Governor by Mr. Thornton: Mr. President, the Governor did on the 21st inst. approve and sign, An act to alter the time of holding the county courts of Tuscaloosa, Bibb, Madison, Greene, and St. Clair counties, which originating in the Senate.

Mr. Sullivan from the special committee to which was referred so

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much of the Governor's message as relates to the African slaves lately ordered by the district court of the United States in this state to be sold, and for other purposes, which was read the 1st time; the rule requiring bills to be read on three several days was dispensed with, and the bill was read the 2d time forthwith, and ordered to be engrossed for a 3d reading tomorrow.

Mr. Murphy from the committee on the state bank, reported a bill to be entitled, an act explanatory of, and supplemental to, the act to establish the bank of the state of Alabama, which was read the first time; the rule requiring bills to be read on three several days was dispensed with, and it was read the 2d time forthwith.  Mr. Moore offered the following amendment to the bill:

"Sec.   And be it further enacted, That all vacancies that may happen, in the Board of Directors during the session of the Legislature shall be filled by joint vote as in other cases, and that all vacancies which have occurred in said Board during the present session of the General Assembly, shall be filled by joint vote of the General Assembly, before the end of the present session, any law to the contrary notwithstanding, which was adopted.

The rule requiring bills to be read on three several days being further dispensed with, the said bill was read the 3d time and passed.- Ordered that the title be aforesaid and that the same be sent to the House of Representatives for concurrence.

Mr. Crabb from the committee on county boundaries to which was referred a bill to be entitled an act providing for the establishment of the seat of justice in the county of Walker, Reported that as the county of Walker was so lately established, and including so extensive a tract of country not yet settled, which will in the opinion of your committee in some reasonable time be settle, and the probability that there will in a short time be alterations made in its boundaries, and a very great increase in its population in some parts of that county, which might render the selection of the permanent seat of justice at this time inexpedient, they beg leave to recommend the adoption of the following resolution, Resolved that it is inexpedient to pass the bill, which was concurred in.  Yeas 12- nays 4.

The yeas and nays being desired, on the question to concur in said report, those who voted in the affirmative, are, Mr. President, Conner, Crabb, Devereux, Hopkins, Metcalf, Moore, Powell, Shackleford, Smith, Sullivan, Taggert- 12.  Those who voted in the negative are, Messrs. Casey, McCamy, McVay, Wood- 4.  So the report was concurred in.

Mr. Moore from the committee on enrolled bill, Reported a correctly enrolled, an act amendatory to an act concerning divorce, passed Dec. 1820; An act for rendering the decision of civil causes, more speedy and less expensive than heretofore; An act pointing out the manner by which the streets in the town of Greensborough shall be opened and kept in good order; An act to provide for the opening and keeping in repair a certain road therein described; An act to repeal an act entitled an act to establish regulate justices' courts in this state, passed 30 Dec. 1823; An act to establish a certain county therein named and for other purposes; An act for changing the compensation of the judge of the county court of Mobile county, and for other purposes therein mentioned; An act to alter and establish the boundary lines between certain counties therein named; An act to incorporate the Minette bridge company; An act the better to provide for the punish-


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ment of escapes; An act to exempt the citizens of the town of Elyton in Jefferson county, and the town of Sommerville in Morgan county, and the town of Tuscumbia in Franklin county from working on any road beyond, the limits of said towns; An act to authorise Armstrong Mitchell, executor, & Elizabeth Averett, executrix, of the last will and testament of Benjamin Averett, deceased, to transfer certain real estate; Joint Resolution in relation of Major General Lafayette; An act to authorise the representatives of Malachi Gould, deceased, to sell certain real estate and for other purposes; An act providing for an extra term of the circuit court of Mobile and Baldwin counties; Joint Resolution authorising the comptroller to issue his warrant in favor of Edward Herndon for services as assistant adjutant-general An act authorising and empowering the school commissioners of the 16th section, 4th township and 7th range in the district of lands sold at Huntsville to lease a small part thereon for the purpose of having a mill thereon; An act to repeal in part and amend an act passed Dec. 17, 1823, authorising Matthew Harbeson, administrator of Samuel Harberson, deceased, to make conveyance of a certain tract of land therein named; An act to alter the place of selling lands and negroes by the sheriffs of Bibb and Tuscaloosa counties in certain cases; and, An act to amend an act entitled an act to authorise Young a. Gray to convey certain real estate therein mentioned, passed Dec. 30, 1823; all of which were accordingly singed by Mr. President.

On motion, Ordered that the Senate concur in the amendment made by the Houses of Representatives to the bill entitled an act to establish certain election precincts therein named.  Ordered that the secretary acquaint the House of Representatives therewith.

A bill from the House of Representatives entitled an act to establish a certain road therein mentioned, was read the 1st time, the rule requiring all bills to be read on three several days being dispensed with, the said bill was read the 2d forthwith, and the rule being further dispensed with, said bill was read the 3d time forthwith and passed.  Ordered that the secretary acquaint the House of Representatives therewith.

The following communication was received from the Governor, by J. I. Thornton, esq. secretary of state.

EXECUTIVE DEPARTMENT, December 22, 1824.

Gentlemen of the Senate and of the House of Representatives,

I have received letters from Thomas H. Wiley and David White, Esquires, notifying that they decline the appointment conferred on them by the General Assembly as Directors of the State Bank.  I have thought it not only most fit, but also most consistent with the wished of the acting Directors, to submit all cases of vacancy happening during your session, to the Legislature.

I am, respectfully, &c.               ISRAEL PICKENS.

Ordered that the communication lie on the table.

A bill to be entitled an act authorising the county court of Bibb county to appoint some person to transcribe the records of said court and for other purposes, was read the 1st  time, the rule requiring bills to be read on three several days being dispensed with, the bill was read the 2d time, an ordered to lie on the table.

A bill to be entitled an act to establish an election precinct in the county of Lawrence, was read the 1st time, the rule requiring bills to be read on three several days being dispensed with, the bill was read


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the 2d time forthwith: Mr. Wood offered the following amendment to said bill: Sec.  And be it further enacted that an additional election precinct be establish at the house of Moses Barton in Walker county, which was adopted: Mr. Taggert offered the following amendment to the bill: And be it further enacted, that the election precinct established at Mobile point, be, and the same is hereby discontinued, and that in lieu thereof, a precinct be, and the same is hereby established at the house of Augustus Lacoste on Bon secure, which was adopted. The rule being further dispensed with, the bill was read the 3d time, as amended, and passed.

A message from the house of representatives by Mr. Murray their clerk: Mr. President, the house of representatives have read three times and passed bills originating in their house, entitled an act exempting the inhabitants of the town of Claiborne in Monroe county, for working on roads beyond the limits of said town; An act to exempt the members of the Neptune fire companies No. 1 & 2, of the city of Mobile from militia and patrol duty, and for other purposes; An act to establish a road from the town of Montevallo to the town of Greensboro;' An act to compensate James Pugh for carrying returns of the election for brigadier general from Pike county to Cahawba, in which they desire your concurrence.  They have also read a 3d time and passed bill originating in your honorable body, entitled, an act to authorise the judge of the 2d judicial circuit to hold an intermediate court in Blount county for the purposes therein mentioned.  They concur in the amendments made by your honorable body to the bill, entitled, an act to provide for the payment of slaves executed in pursuance of law.

Bills from the House of Representatives, entitled an act to alter and amend the laws concerning retailers.

An act to incorporate the Montgomery light infantry company; An act to exempt the members of the Neptune fire companies Nos. 1 & 2 from militia and patrol duty, and for other purposes; And an act authorising Isaac Pugh to transfer certain real estate therein named, were severally read the first time.  The rule requiring bills to be read on three several days was dispensed with, and said bills were severally read on the 2d time, and ordered to be read the 3d time on tomorrow.

A bill to be entitled an act to compensate James Pugh for carrying the returns of the election of brigadier general from Pike county to Cahawba, was read the first time, the rule requiring bill to be read on three several days, being dispensed with, the bill was read the 2d time and referred to the committee on accounts and claims.

A bill to be entitled an act to establish a road from the town of Montevallo to the town of Greensborough, was read the first time. The Rule requiring all bills to be read on three several days was dispensed with, and said bill was read the 2d time forthwith and ordered to lie on the table.

A bill to be entitled an act exempting the inhabitants of the town of Claiborne from working on roads beyond the limits of said town was read the first time.  The rule requiring bills to be read on three several days being dispensed with, the said bill was read the 2d and 3d time and passed, Ordered that the secretary acquaint the House of Representatives therewith.

A bill to be entitled an act to emancipate the mulatto girl Margaret


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the slave of James Johnston, was read the first time, and ordered to be read the 2d time tomorrow.

A bill to be entitled an act to exempt persons from working on a certain state road at a greater distance for their place of residence, than if the same was a county road, was read the first time.  The rule requiring bills to be read on three several days being dispensed with, the bill was read a 2d time and referred to the committee on roads, bridges, and ferries, to consider and report thereon.

A bill to be entitled an act to authorise the administrator of Cadwallader Lucy, deceased, to sell and convey certificates of land upon which one payment only has been made, was read the first time.  The rule &c. being dispensed with, the bill was read the 2d time and ordered to lie on the table.

Mr. Shackleford called up a bill to be entitled slaves to establish a road from the town of Montevallo to the town of Greensborough. The bill was amended on Mr. Powell's motion, and the rule requiring bills to be read on three several days being further dispensed with, was read the third time and passed.  Ordered, that the words and for other purposes be added to the title, ordered, that the secretary acquaint the House of Representatives therewith.

A bill to be entitled an at to repeal in part an act entitled an act to abolish the fictitious proceedings in ejectment and for other purposes therein mentioned, passed Dec. 16, 1821, and for other purposes, was read the first time.  The question was the put, shall this bill be made the order of the day for a 2d reading tomorrow, and determined in the negative.

Bills from the House of Representatives to be entitled an act to establish certain election precincts therein named; And an act supplemental of, and amendatory to, an act entitled an act to establish a public road from the southern boundary line of township eight, in range four or five west, of the basis meridian of Huntsville to the Falls of Tuscaloosa, passed Dec. 1820, were severally read the first time.  The rule requiring bills to be read on three several days being dispensed with, the said bills were read the 2d and 3d time and passed. Ordered, that the secretary acquaint the House of Representatives therewith.

A bill to be entitled an act making an appropriation for Thomas B. Childress, was read the first and 2d time, and referred to the committee on accounts and claims.

A bill to be entitled an act regulating elections, was read the first time and laid on the table.

A message was received from the Governor, by Mr. Thornton, informing the Senate that he did on the 20th instant approve and sign an act the more effectually to ensure the testimony of absent witnesses by interrogatories.

A bill to be entitled an act to emancipate Gamaliel, a slave, was read the 3d time.  Mr. Powell offered an amendment to the bill by way of rider, authorsing Humphrey Buck to emancipate two slaves, which was rejected.  The question was then put, shall the bill pass, and determined in the affirmative.  Yeas 15, Nays 3.

The yeas and nays being desired, those who voted in the affirmative, are Mr. President, Casey, Conner, Crabb, Devereux, Hopkins, McCamy, Moore, Murphy, McVay, Powell, Shackleford, Smith, Sullivan, Taggert- 15


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Those who voted in the negative are Messrs. Bibb, Metcalfe, and Wood- 3.

Ordered, that the secretary acquaint the House therewith.

A bill to be entitled an act for the better organization of the militia of this state, and an act to amend the first section of an act entitled an act amendatory to the laws now in force for the relief of insolvent debtors, passed June 15, 1821, were severally read the 3d time and ordered to lie on the table.

An engrossed bill to be entitled an act to legalize the proceedings of John B. Ayers, who lately exercised the office of sheriff in Jefferson county, was read the 2d time, and on the question shall the bill pass, it was decided in the negative.  Yeas 8, Nays 8.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. Casey, Conner, Crabb, McCamy, Murphy, McVay, Taggert, and Wood-8.  Those who voted in the negative, are Mr. President, Bibb, Devereux, Hopkins, Metcalfe, Moore, Powell, Smith- 8.

Mr. Casey called up a bill to be entitled an act for the better organization of the militia of this state.  Ordered, that it be referred to the military committee, and then the Senate adjourned till three o'clock this evening.

Evening Session.

A bill to be entitled an act for the relief of Thos. B. Tunstall, was read the 2d time.  Mr. Crabb moved to amend the bill by inserting the name of Charles Gillespie so as to relieve him from the operation of the act, to suppress duelling.  Mr. Murphy moved that the bill and amendment lie on the table till the first day of the next session, which was lost.  Yeas 8, Nays 8.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. Casey, Devereux, McCamy, Metcalf, Murphy, McVay, Sullivan and Wood- 8.  Those who voted in the negative, are, Mr. President, Bibb, Crabb, Hopkins, Moore, Powell, Shackleford, and Taggert- 8.

The question was then put on the adoption of Mr. Crabb's amendment and lost.  Yeas 8.  Nays 8.

The yeas and nays being desired, those who voted in the affirmative are, Messrs. Casey, Crabb, Devereux, McCamy, Metcalf, Murphy, Shackleford, Sullivan-8.  Those who voted in the negative, are Mr. President, Bibb, Hopkins, Moore, McVay, Powell, Taggert, and Wood- 8.

Ordered, that the bill be engrossed and made the order of the day for the 3d reading on tomorrow.

A message was received from the House of Representatives by Mr. Dodson, informing the Senate that they concur in the resolution proposing to go into the election of Judges of the county courts of Covington and Fayette on to-morrow evening at six o'clock.

The Senate according to order, resolved itself into committee of the whole on the bill to be entitled an act to raise a revenue for the support of government until otherwise provided for by law- Mr. Powell in the chair, and after some time spent in the consideration thereof, the committee rose, Mr. President resumed the chair, and Mr. Powell reported the same with sundry amendments, which were concurred in.  Mr. Casey moved that the bill lie on the table until tomorrow, which was lost.

Mr. Crabb offered the following amendment to the bill, and on all public ferries to be assessed in the county wherein the same may be established ____ dollars, which was rejected.  Mr. Casey moved to


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amend the bill by striking out thirty seven and a half cents, the amount of the poll tax, with a view of inserting fifty cents in lieu thereof, which was lost.  Ordered, that the bill be made the order of the day for a 2d reading on tomorrow.

On motion of Mr. Moore, ordered that the committee of the whole, be discharged from the consideration of the bill, to be entitled an act to establish an office of discount and deposit of the bank of the state of Alabama.  Ordered, that it be referred to the committee on the state bank.  And the Senate adjourned till tomorrow at 9 o'clock.