Monday, December 10, 1821.

Mr. Armstrong obtained leave for himself and the other members whose names are thereto subscribed, to enter the following reasons for their votes against giving, Mr. Greening leave to withdraw his motion for the indefinite postponement of the bill to be entitled an act to apportion the representatives among the several counties of this State, and to divide the same into senatorial districts, according to the late census:

It would appear from the voted given by the undersigned members of this House, on the 8th instant, founded on a motion to postponed indefinitely, the bill which originated in this House, to apportion the two branches of the legislature, that we were in favour of the motion to postpone, which was not the fact: we believed the motion an improper one, and one calculated to do no good whatever. After sometime had been spent in argument on the motion, the mover asked leave to withdraw his motion, which leave as will appear by our votes, we refused to grant, believing that if we compelled the question to postpone to be put, and the yeas and nays taken as were called for, it would be a lesson, that would in further prevent a similar loss of time, which we deemed spend unnecessarily; for if the motion to postpone had succeeded, the bill must have again originated in this House in obedience to the commands of the constitution. --- For these reasons alone, we voted against the leave asked to withdraw.

F. W. Armstrong,

John Brown,

Wm. Edmonson,

Wm. Fleming,

Henry King,

Benjamin Murrell,

Mr. Moore from the committee to whom was referred that part of the message of the late acting Governor, as relates to the unsettled accounts between this State ad the State of Mississippi, presented a report with the following resolution founded thereon; in which report the House concurred.


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Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Governor of this State be, and he is hereby authorized to adjust and settle the accounts existing between this State and the State of Mississippi, in such manner and on such terms as in his judgment may be conformable to the intent and meaning of the act of Congress establishing a separate territorial government for the eastern part of the Mississippi territory --- which resolution was read a first time, and Ordered to be read a second time tomorrow.

Mr. Greening from the select committee to whom was referred so much of His Excellency's message as relates to certain proceedings between the bank of the United States and certain officers of the State of Ohio, presented a report in which the House concurred, together with the following resolutions founded thereon:

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the legislature of the State of Ohio has exercised a constitutional right in taxing the offices of discount and deposite of the bank of the United States located in that State.

Resolved, further, That His Excellency the Governor be requested to forward a copy of the foregoing report and resolution to the Governors of the different states, and to our senators and representatives in Congress, which resolutions were read a first time, and Ordered to lie on the table.

On motion of Mr. Pickett, the House dispensed with the rule which forbids a reconsideration of a vote except on the same or succeeding day on this it was given.

The House then considered the voted on the bill to be entitled an act concerning jurors, which was amended and passed. Ordered, That the title be as aforesaid. Ordered, That the same be sent to the Senate for their concurrence.

Bills from the Senate of the following titles to wit:

An act to establish certain election precincts therein named, and for other purposes;

An act to establish a ferry and appoint commissioners to lay out a certain road therein named;

An act to provide for transcribing and transferring certain records from Mobile to Baldwin county;

An act to alter the time of holding the county courts in the county of Franklin;

An act to amend the act to incorporate the city of Mobile, passed on the 17th December, 1819;


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An act to authorize a lottery for building a bridge across Prairie creek, in the county of Greene; were severally read a third time and passed. Ordered, that the Senate be acquainted therewith.

The House then took into consideration the bill to be entitled, an act to apportion the representatives among the several counties of this state, and to divide the same into senatorial district, according to the late census; the said bill being on its second reading.

Mr. Anderson moved to reconsider the last vote given on Saturday on the adoption of Mr. Moore's amendment; which was decided in the affirmative.

Mr. Moore moved to strike out all after the enacting clause, for the purpose of inserting the following amendment:

That representation shall be apportioned according to the ration of one representatives for every 1850 white inhabitants, and it is hereby declared, that the several counties shall be entitled to elect representatives in the following manner, to wit: Madison six, Jackson and Decatur three, Limestone three, Morgan two, Lawrence three, Lauderdale two, Franklin two, Blount one, Jefferson two, Marion, and that part of Pickens taken from Marion one, Tuskaloosa and that part of Pickens taken from Tuskaloosa three, St. Clair two, Shelby one, Autauga one, Bibb one, Perry two, Dallas and that part of Butler taken from Dallas two, Montgomery and that part of Pike taken from Montgomery two, Marengo one, Baldwin one, Mobile one, Washington one, Clark one, Conecuh and that part of Butler taken from Conecuh two, Wilcox one, Greene, two, Monroe and that part of Butler taken from Monroe three, Henry and that part of Covington and Pike taken from Henry one.

And be it further enacted, That Washington, Mobile and Baldwin, shall form one senatorial district; Conecuh, Henry, Covington and Pike, one; Monroe and Butler, one; Clark and Marengo, one; Dallas and Wilcox, one; Autauga and Montgomery, one; Green and Perry, one; Tuskaloosa and Pickens one; Jefferson and Marion, one; Blount & St. Clair, one; Morgan, one; Lawrence, one; Franklin and Lauderdale one; Limestone, one; Madison, one; Jackson & Decatur, one; Shelby and Bibb, one; and each district shall be entitled to elect one Senator. The question being put on striking out, it was decided in the affirmative --- yeas 28, nays 26.

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


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Messrs. Allen, Anderson, Armstrong, Ayers, Barclay, Brow, Clay, Davis, Edmondson, Fleming, Hardwicke, Holderness, King, Leake, Murrell, Miller, Moore, Morton, Martin, McHenry, Powell, Philpott, Perry, Purham, Smith, Vining, Weedon, Williams --- 28.

Those who voted in the negative, are

Mr. Speaker, Bagby, Beene, Carr, Crenshaw, Craig, Dabney, Dale, Duckworth, Evans, Elmore, Fitzpatrick, Greening, Graham, Hopkins, Jones, Kennedy, Montgomery, Magoffin, Masterson, Norwood, Pickett, Skinner, Tagert, Thompson, Williamson --- 26.

The question then being taken on the adoption of the first section of Mr. Moore's amendment, it was decided in the negative --- ayes 27, nays 27.

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

Messrs. Allen, Armstrong, Ayers, Barclay, Brown, Clay, Davis, Edmondson, Fleming, Hardwicke, Holderness, King, Leake, Murrell, Miller, Moore, Morton, Martin, McHenry, Powell, Philpott, Perry, Parham, Smith, Vining, Weedon, Williams --- 27

Those who voted in the negative, are

Mr. Speaker, Anderson, Bagby, Beene, Carr, Crenshaw, Craig, Dabney, Dale, Duckworth, Evans, Elmore, Fitzpatrick, Greening, Graham, Hopkins, Jones, Kennedy, Montgomery, Magoffin, Masterson, Norwood, Pickett, Skinner, Tagert, Thompson, Williamson --- 27.

Mr. Weedon made the following motion:

That the bill to apportion the Representatives among the several counties of this state, and to lay the same off into senatorial districts be recommitted to the same committee that reported it, with instructions to new model the bill in such a manner as not to exceed forth-six members in the representatives branch and thirteen Senators.

Mr. Allen moved to amend the amendment by striking out all after the words "reported it;" which was decided in the negative --- yeas 4, nays 50.

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

Messrs. Allen, Ayers, Craig, McHenry.

Those who voted in the negative are,

Mr. Speaker, Anderson, Armstrong, Bagby, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Dabney, Dale, Davis, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Fleming, Greening, Graham, Hardwicke, Holderness, Hopkins, Jones, Kennedy, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Miller, Moore, Morton, Martin, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Smith, Tagert, Thompson, Vining, Weedon, Williams, Williamson.

The question was then taken on Mr. Weedon's motion and decided in the negative. Ayes 26, nays 28.

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

Messrs. Allen, Anderson, Barclay, Beene, Crown, Clay, Davis, Ed-


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mondson, Fleming, Hardwicke, Holderness, King, Leake, Murrell, Miller, Moore, Morton, Martin, Powell, Philpott, Perry, Parham, Skinner, Vining, Weedon, Williams.

Those who voted in the negative are,

Mr. Speaker, Armstrong, Ayers, Bagby, Carr, Crenshaw, Craig, Dabney, Dale, Duckworth, Evans, Elmore, Fitzpatrick, Greening, Graham, Hopkins, Jones, Kennedy, Montgomery, Magoffin, Masterson, McHenry, Norwood, Pickett, Smith, Tagert, Thompson, Williamson.

Mr. Armstrong moved to reconsider the vote on striking out all after the enacting clause --- which was decided in the affirmative. The bill was then further amended; and Ordered to be engrossed for a third reading tomorrow.

The House then adjourned till half past three o'clock.

Evening Session.

Mr. Perry from the committee on enrolled bills, reported that the committee had examined a bill to be entitled an act concerning rents, and find the same correctly enrolled.

The House then took into consideration a bill to be entitled an act to raise a revenue for the support of government for the year 1822; which was on its third reading. The question being taken on filling the blank in the third section, where it occurs in the following words: "for all free "white males above the age of twenty, and not exceeding "forty-five "with "one dollar." It was decided in the negative. Ayes 14, nays 39.

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

Messrs. Anderson, Armstrong, Davis, Fleming, Leake, Montgomery, Moore, Martin, Norwood, Perry, Smith, Tagert, Thompson, Weedon.

Those who voted in the negative, are

Mr. Speaker, Allen, Ayers, Bagby, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Criag, Davney, Duckworth, Edmondson, Evans, Elmore, Fitzpartick, Greening, Graham, Hardwicke, Holderness, Hopkins, Jones, King, Magoffin, Murrell, Masterson, Miller, Morton, McHenry, Philpott, Pickett, Powell, Parham, Skinner, Vining, Williams, Williamson.

The question was then taken on filling the said bland with "seventy five cents;" and decided in the negative. Ayes 17 nays 35.

The Yeas and Nays being called for, those who voted in the affirmative are,

Messrs. Anderson, Armstrong, Crenshaw, Craig, Leake, Montgomery, Masterson, Moore, Morton, Martin, McHenry, Norwood, Perry, Smith, Tagert, Thompson, Weedon.

Those who voted in the negative, are

Mr. Speaker, Allen, Ayers, Bagby, Barclay, Beene, Brown, Carr, Clay, Dabney, Davis, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Holderness, Hopkins, Jones, Kenne-

15


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dy, King, Magoffin, Murrell, Miller, Pickett, Powell, Philpott, Parham, Skinner, Vining, Williams, Williamson.

The question was then taken on filling the said blank with "sixty-two and a half cents," and decided in the negative. Ayes 15 --- Nays 35.

The Yeas and Nays being called for, those who voted in the affirmative are,

Mr. Speaker, Anderson, Crenshaw, Craig, King, Montgomery, Masterterson, Moore, Morton, Martin, McHenry, Norwood, Perry, Tagert, Thompson.

Those who voted in the negative, are

Messrs. Allen, Armstrong, Ayers, Bagby, Barclay, Beene, Brown, Carr, Clay, Dabney, Davis, Duckworth, Edmondson, Evans, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Holderness, Hopkins, Jones, Kennedy, Magoffin, Murrell, Miller, Pickett, Powell, Philpott, Parham, Skinner, Smith, Vining, Williams, Williamson.

The question was then taken on filling the said blank with "fifty cents," and decided in the affirmative. Ayes 35 --- Nays 16.

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

Mr. Speaker, Allen, Bagby, Barclay, Beene, Clay, Crenshaw, Craig, Duckworth, Edmondson, Elmore, Greening, Hardwicke, Hopkins, Kennedy, King, Montgomery, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Thompson, Vining, Williams, Williamson.

Those who voted in the negative are,

Messrs. Anderson, Armstrong, Ayers, Brown, Carr, Dabney, Davis, Evans, Fitzpatrick, Graham, Holderness, Jones, Magoffin, Smith, Tagert, Weedon.

The question being taken on filling the blank in the same section where it occurs in the following manner, "for every horse kept exclusively for the saddle or pleasure carriage, "with one dollar; --- it was decided in the affirmative. Yeas 27 --- Nays 14.

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

Messrs. Allen, Beene, Brown, Craig, Davis, Duckworth, Elmore, Fleming, Greening, Hardwicke, Holderness, Kennedy, King, Leake, Magoffin, Masterson, Miller, More, McHenry, Norwood, Powell, Philpott, Perry, Skinner, Tagert, Vining, Williams.

Those who voted in the negative, are

Mr. Speaker, Anderson, Armstrong, Ayers, Bagby, Barclay, Carr, Clay, Crenshaw, Dabney, Edmondson, Evans, Fitzpatrick, Graham, Hopkins, Jones, Montgomery, Murrell, Morton, Pickett, Parham, Smith, Thompson, Williamson.

Mr. Evans offered the following amendment by way of rider to the third section; "for every horse or mule kept for the plough or wagon, one dollar," which was decided in the negative. Ayes 5 --- Nays 48.


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

Messrs. Armstrong, Bagby, Evans, Graham, Smith,

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Ayres, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Craig, Dabney, Davis, Duckworth, Edmondson, Elmore, Fitzpatrick, Fleming, Greening, Hardwicke, Holderness, Hopkins, Jones, Kennedy, King, Leake, Montgomery, Magoffin, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Tagert, Thompson, Vining, Weedon, Williams, Williamson.

Ordered, That said bill lie on the table.

A message was received from the Senate by Mr. Lyon., their secretary, informing this House that they concur in the amendment made by this House to the bill to be entitled, an act supplementary to the several acts in relation to highways, bridges and ferries.

Also, that the had read a third time and passed, a bill to be entitled an act to incorporate the Murder Creek Navigation Company, in which they desire the concurrence of your honorable body.

The House then adjourned.