Saturday, December 15.

The House met pursuant to adjournment.

Mr. Weedon from the committee on Inland navigation, to whom was referred the report of John D. Terrell, Esq. upon the examination of the Buttahache river, reported a bill to be entitled, an act allowing compensation to John D. Terrell, Esq., for making a survey and examination of the Buttahache river; which was read a first time. and the rule being dispensed with, it was read a second time, and ordered to lie on the table.

Mr. Moore from the select committee to whom was referred, a bill to be entitled, an act to reduce into one the


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several acts concerning roads, bridges and highways, reported the said bill with amendments, in which the House concurred.

Mr. Evans moved to strike out the 7th section of said bill; which was carried. The bill was then amended --- Upon the question being put, shall this bill lie on the table? it was decided in the negative. Ayers, 17, nays 25.

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

Mr. Speaker, Allen, Barclay, Fitzpatrick, Hardwicke, Kennedy, Montgomery, Murrell, Norwood, Pickett, Philpott, Parham, Smith, Tagert, Thompson, Vining, Williams.

Those who voted in the negative, are

Messrs. Anderson, Ayers, Beene, Carr, Davis, Duckworth, Edmondson, Evans, Elmore, Greening, Graham, Holderness, Hopkins, Jones, Leake, Magoffin, Masterson, Miller, Moore, Martin, McHenry, Powell, Skinner, Weedon, Williamson.

Mr. Carr offered the following amendment:

And be it further enacted, That from and after the passage of this act, all students of any academy or school within this State be, and the same are hereby, exempted from working on public roads; which was adopted. Ayers 24, nays 22.

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

Mr. Speaker, Allen, Anderson, Bagby, Carr, Clay, Crenshaw, Evans, Elmore, Greening, Graham, Holderness, Leake, Magoffin, Masterson, Moore, Morton, Martin, Norwood, Pickett, Philpott, Thompson, Weedon, Williamson.

Those who voted in the negative, are

Messrs. Ayers, Barclay, Beene, Brown, Craig, Davis, Duckworth, Edmondson, Fitzpatrick, Hardwicke, Hopkins, Jones, Kennedy, Montgomery, Miller, McHenry, Powell, Skinner, Smith, Tagert, Vining, Williams.

Ordered, that the said bill be engrossed for a third reading this evening.

Mr. Clay introduced a resolution concerning the printing of the Journals and Laws of the present General Assembly; which was read a first time. And the rule being dispensed with, it was read a second time, and Ordered, to be engrossed for a third reading this evening.

A bill to be entitled, an act supplementary to the act for the establishment of a State University, --- was read a third time.

The question being put on filling the blank in relation to the minimum price for the sale of the college lands


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with "twenty four dollars;" it was decided in the negative. Ayes 15, nays 31.

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

Messrs. Anderson, Beene, Clay, Davis, Edmondson, Elmore, Holderness, Leake, Miller, Moore, McHenry, Philpott, Skinner, Vining, Williams.

Those who voted in the negative, are

Mr. Speaker, Allen, Ayers, Bagby, Barclay, Brown, Carr, Crenshaw, Craig, Duckworth, Evans, Fitzpatrick, Greening, Graham, Hardwicke, Hopkins, Jones, Kennedy, Magoffin, Murrell, Masterson, Morton, Martin, Norwood, Pickett, Powell, Parham, Smith, Tagert, Thompson, Williamson.

The question was then taken on filling said blank with "twenty dollars," and lost. Ayes 19, nays 30.

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

Messrs. Anderson, Clay, Beene, Dabney, Davis, Elmore, Fleming, Holderness, Leake, Murrell, Miller, Moore, McHenry, Philpott, Skinner, Vining, Weedon, Williams, Edmondson.

Those who voted in the negative, are

Mr. Speaker, Allen, Ayers, Barclay, Brown, Carr, Crenshaw, Craig, Duckworth, Evans, Fitzpatrick, Greening, Graham, Hardwicke, Hopkins, Jones, Kennedy, Montgomery, Magoffin, Masterson, Morton, Martin, Norwood, Pickett, Powell, Parham, Smith, Tagert, Thompson, Williamson.

The question was then taken on filling said blank with "seventeen dollars," and carried. Ayes 26, nays 24.

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

Messrs. Anderson, Beene, Clay, Craig, Dabney, Davis, Edmondson, Elmore, Fleming, Greening, Holderness, Hopkins, Leake, Masterson, Miller, Moore, Martin, McHenry, Norwood, Pickett, Philpott, Skinner, Smith, Vining, Weedon, Williams.

Those who voted in the negative, are

Mr. Speaker, Allen, Ayers, Bagby, Barclay, Brown, Carr, Crenshaw, Duckworth, Evans, Fitzpatrick, Graham, Hardwicke, Jones, Kennedy, Montgomery, Magoffin, Morton, Powell, Perry, Parham, Tagert, Thompson, Williamson.

The rest of the blanks were then filled.

Mr. Morton moved to reconsider the voted on the third reading of said bill; which was carried. Ayes 23, nays twenty.

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

Mr. Speaker, Allen, Armstrong, Bagby, Brown, Carr, Crenshaw, Dale, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Jones, Kennedy, Magoffin, Murrell, Morton,

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Martin, Norwood, Pickett, Perry, Parham, Smith, Tagert, Thompson, Weedon, Williamson.

Those who voted in the negative, are

Messrs. Anderson, Beene, Clay, Craig, Davis, Edmondson, Evans, Fleming, Holderness, King, Leake, Masterson, Miller, Moore, McHenry, Powell, Philpott, Skinner, Vining, Williams.

Mr. Morton moved to reconsider the vote on the seventeenth section of said bill; which was carried.

Mr. Moore offered an amendment to said section, by providing that the lands mentioned in the bill should not be sold before the first day of January 1821, --- which was decided in the negative. Ayes 18, nays 31.

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

Messrs. Beene, Davis, Edmondson, Clay, Evans, Holderness, King, Leake, Miller, Moore, Martin, McHenry, Powell, Philpott, Skinner, Vining, Weedon, Williams.

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Ayers, Bagby, Brown, Carr, Crenshaw, Craig, Dabney, Dale, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Hopkins, Jones, Kennedy, Magoffin, Murrell, Masterson, Morton, Norwood, Pickett, Perry, Parham, Smith, Tagert, Thompson, Williamson.

The blanks being filled, the bill was read a third time.

The question being put, shall this bill pass? it was decided in the affirmative. Ayes 33, nays 16.

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

Mr. Speaker. Allen, Anderson, Ayers, Bagby, Brown, Carr, Crenshaw, Craig, Dabney, Dale, Evans, Elmore, Fitzpatrick, Greening, Graham, Hardwicke, Hopkins, Jones, Kennedy, Montgomery, Magoffin, Masterson, Morton, Martin, Norwood, Pickett, Perry, Parham, Smith, Tagert, Thompson, Williamson.

Those who voted in the negative, are

Messrs. Beene, Clay, Davis, Edmondson, Holderness, King, Leake, Miller, Moore, McHenry, Powell, Philpott, Skinner, Vining, Weedon, Williams.

Ordered, that the words "a bill to be entitled" be stricken out. Ordered, that the same be sent to the Senate for their concurrence.


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A message was received from the Senate, by Mr. Lyon, their secretary, informing this House, that they had read a third time and passed, a bill originating in this House, entitled, an act to fix the permanent seat of justice in Montgomery county; which they have amended; and in which amendment they desire the concurrence of this house.

Also, that they had read a third time and passed a bill entitled, an act making it the duty of the Comptroller to issue printed warrants; and, a resolution allowing the Comptroller two hundred and fifty dollars, in addition to his present salary: In both of which they desire the concurrence of this House.

Also, that they insist on their amendments to the bill entitled an act to alter and amend the several acts now in force, organizing the militia of this State.

Also, that they had read a third time and passed the bill, originating in this House, entitled, an act for the relief of John Easley.

And, A bill entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes; both of which they have amended; and in which amendments, they desire the concurrence of this House.

Also, that the had read a third time and passed a bill originating in this House, entitled, an act to repeal in part and amend an act, entitled an act, to regulate the proceedings in the courts of law and equity in this State; which they have amended; and in which they desire the concurrence of this House.

The question being taken on concurring with the amendment made by the Senate, to the bill to be entitled an act to fix the permanent seat of justice for Montgomery county, it was decided in the negative. Ayes 10, Nays 24.

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

Messrs. Beene, Crenshaw, Dale, Evans, Fitzpatrick, Jones, Powell, Skinner, Smith Tagert, Williamson.

Those who voted in the negative are,

Mr. Speaker, Anderson, Bagby, Clay, Dabney, Davis, Elmore, Graham, Hardwicke, Holderness, Kennedy, King, Montgomery, Magoffin, Murrell, Masterson, Miller, Moore, Morton, McHenry, Thompson, Vining, Weedon, Williams.

A resolution from the Senate, allowing the Comptroller, two hundred and fifty dollars, in addition to his present salary, was read a first time; and the rule being successively


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dispensed with, it was read a second and third times and passed. Ayes 21. Nays 20.

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

Mr. Speaker, Anderson, Bagby, Brown, Carr, Crenshaw, Dabney, Dale, Evans, Elmore, Fitzpatrick, Greening, Graham, Montgomery, Magoffin, Pickett, Parham, Tagert, Thompson, Williams, Williamson.

Those who voted in the negative, are

Messrs. Ayers, Barclay, Beene, Clay, Craig, Davis, Edmondson, Hardwicke, Holderness, Jones, King, Murrell, Masterson, Miller, Moore, Powell, Skinner, Smith, Vining, Weedon.

Ordered, That the Senate be acquainted therewith.

Ordered, That the House insist on their disagreement to the amendments made by the Senate to the bill to be entitled an act to alter and amend the several acts now in force, organizing the militia of this State.

The House then adjourned, till 3'oclock, this evening.

Evening Session.

A bill from the Senate to be entitled, An act making it the duty of the Comptroller to issue printed warrants, was read a first time; and the rule being dispensed with, it was read a second time, and ordered to lie on the table.

Ordered, That the House concur in the amendment made by the Senate, to the bill to be entitled An act for the relief of John Easley.

Ordered, That the House concur in the amendments made by the Senate, to the bill to be entitled An act to appoint commissioners to lay out certain roads therein specified, and for other purposes.

Ordered, That the House concur in the amendments made by the Senate, to the bill to be entitled, an act to repeal in part, and amend an act entitled an act to repeal in part and amend an act, to regulate the proceedings in the courts of law and equity in this State, passed June 14, 1821.

Mr. Perry from the committee on enrolled bills, reported, that the committee had examined bills of the following titles, to wit:

An act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned;

An act to raise a revenue for the support of Government for the year 1822;

Resolutions instructing our senators and representative in Congress, in relation to the census of this State;

Memorial to Congress on the subject of connecting the


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waters of the Tennessee river, with those of the Alabama river; and,

An act for the relief of John Easley; which they find correctly enrolled.

Mr. Powell offered the following protest:

I avail myself of the privilege granted to me by the constitution of my country, as one of the representatives of a free people, in protesting against the decision of the House of Representatives, whilst engaged on 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, at the ration of 1730 for the representative branch," in rejecting two motions made by me. The object of the one of which, was to give Pickens county one representatives, which being rejected, --- the other was to require the assessor of the said county, for the next year, to take the census thereof, according the law heretofore in force, and forward the same to the Governor, who thereby would have been required, if the population of the county equalled the ratio of representation, to issue a writ of election accordingly, --- In support of the first motion, although Pickens county had no census returned, I had precedent to support me; for the House had just decided, that Henry county situated in the same condition, and with no further claims for representation, should have one; --- and with regard to the last, I conceive the object and design of our government, based on the immutable principles of equal rights, never intended, that a fair portion of the State of Alabama, should be deprived of the inestimable blessings of representation, for an omission which has proceeded, not from any neglect of the suffering party, but from the want of civil officers, to carry into effect the objects of the law, and which, as I conceive, would have answered that purpose, without violating any provision of the constitution.

Levin Powell.

A message was received from His Excellency, by Mr. Pleasants, secretary of State, informing this House that he did, on the 13th instant, approve and sign: An act declaring the Conecuh and Sepulgah rivers, public highways; 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, at a ration of 1730 for the

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representative branch; and on this day, an act expressing the gratitude of the state of Alabama, for the services rendered by Samuel Dale, to this state; and, an act supplementary to an act entitled, an act for the relief of securities; all of which originated in this House.

Engrossed resolutions concerning the printing of the laws and journals of the present General Assembly; were read a third time and passed.

Ordered, that the same be sent to the Senate for their concurrence.

A bill to be entitled, an act to repeal in part and amend an act entitled, an act to reduce into one the several acts concerning roads, bridges and ferries; was read a third time and passed. Ordered, that the title be as aforesaid.

Ordered, that the same be sent to the Senate for their concurrence.

Ordered, that the committee of the whole be discharged from the further consideration of the bill to be entitled, an act in relation to the banking institutions of this state.

Mr. Weedon moved to amend the second section of said bill, by striking out the word "legal" before the word "interest," for the purpose of inserting "at the rate of per centum per month;" which was decided in the negative --- ayes 7, nays 39.

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

Messrs. Evans, Hardwicke, Leake, Tagert, Thompson, Vining, Weedon.

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Ayers, Beene, Brown, Carr, Clay, Crenshaw, Craig, Dabney, Dale, Davis, Duckworth, Edmondson, Elmore, Greening, Graham, Holderness, Jones, Kennedy, King, Montgomery, Magoffin, Murrell, Masterson, Miller, Moore, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Smith, Williams, Williamson.

The bill was then read a third time and passed; Ordered, that the Senate be acquainted therewith.

A bill from the Senate to be entitled, an act for the relief of Williams B. Allen, was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

A bill from the Senate, to be entitled, an act concerning writs and executions; was read a second time; and the rule being despensed with, it was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

A message was received from the Senate by Mr. Lyon their secretary, informing this House, that they had read a


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third time and passed, an act to divorce Sarah M. Bracken from her husband James A. Bracken, in pursuant of the decree of the circuit court of Franklin county, exercising chancery jurisdiction; and, an act to amend an act to establish the temporary seat of justice in certain counties therein named; which originated in this House.

Ordered, that the House concur in the amendments made by the Senate, to the bill to be entitled, an act to extend the time for collecting the tax and making returns, to the person therein named.

A bill to be entitled, "an act for the relief of Thomas H. Kirby, tax collector of Jackson county for the year 1820; "was read a third time and passed; Ordered, that the title be as aforesaid; Ordered, that the same be sent to the Senate for their concurrence.

Ordered, that Messrs. Brown and Holderness have leave of absence, during the remainder of the session.

A bill from the Senate to be entitled, an act amendatory to the several laws now in force for the relief of insolvent debtors; was read a third time and lost.

A bill to be entitled, an act making appropriations for the year 1822; was ordered to lie on the table.

A message was received from the Senate, by Mr. Lyon, their secretary, informing this House, that they have read a third time and passed, a bill originating in this House, to be entitled, an act to extend the time for collecting the tax and making returns, to the persons therein named, to which they have made sundry amendments, in which they desire the concurrence of this House.

Ordered, that Mr. Bagby have leave of absence from this House during the remainder of the session.

Ordered, that the House insist on their disagreement to the amendment, made by the Senate to the bill to be entitled, an act to fix the permanent seat of justice for Montgomery.

Ordered, that Mr. Craig and Mr. Masterson, have leave of absence for the remainder of the session. The question being put, shall this House adjourn till Monday morning nine o'clock? It was decided in the negative --- ayes 18, nays 20.

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

Messrs. Crenshaw, Dabney, Davis, Duckworth, Greening, Graham,


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Magoffin, Miller, Moore, Morton, Martin, McHenry, Powell, Philpott, Parham, Smith, Weedon, Williams.

Those who voted in the negative are,

Mr. Speaker, Allen, Anderson, Ayers, Barclay, Beene, Brown, Carr, Clay, Craig, Edmondson, Evans, Elmore, Hardwicke, Holderness, Hopkins, Jones, Kennedy, King, Leake, Murrell, Masterson, Norwood, Pickett, Skinner, Tagert, Thompson, Vining, Williamson.

The House having got through the orders of the day, and there being nothing before it, it was adjourned till Monday morning nine o'clock.