Friday, December 7.

The House met pursuant to adjournment.

Mr. Perry from the committee on enrolled bills, Reported, that the committee had examined a bill to be entitled an act to establish a public road therein named, and find he same truly enrolled.

A message was received from the Senate, by Mr. Lyon, their secretary, informing this House, that they had passed a resolution appointing a committee on their part to confer with such committee as may be appointed on the part of this House, to examine the amount of printing for the State for the political year 1820-21, and report by bill or otherwise; and that they had appointed on their part, Messrs. Lucas, Chambers and Hogg. Ordered, That the House concur in said resolution.

Whereupon, Messrs. Leake, Parham and Crenshaw, were appointed a committee on the part of this House.

A message was received from the Senate by Mr. Lyon their secretary, informing this House, that they and read a third time and passed, a bill to be entitled an act to establish a public road therein mentioned, and for other purposes, which originated in this House.

Also, that they had read a third time and passed, a bill to be entitled an act to authorize Peter Ross to establish a toll bridge across big Mulberry creek, between the counties of Dallas and Autauga.

In which they desire the concurrence of this House.

A bill to be entitled an act to authorize the administrator of John Watt, deceased, to sell certain real estate therein named --- was read a second time, and ordered to be engrossed for a third reading tomorrow.


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A bill from the Senate to be entitled an act to authorize Leonard Abercrombie to emancipate certain salves therein named --- was read a third time.

Mr. Williamson moved to amend the said bill by way of rider, by adding the following words: "And that he shall remove said slaves out of this State: Provided, That if any of the persons emancipated by this act, shall return into this state, and remain as residents of their own accord, such person or persons, shall be considered to be in the same state of slavery as if this act had never passed," which amendment was adopted. The bill was then passed. Ordered, that the same be sent to the Senate.

Mr. Crenshaw from the judiciary committee to whom was referred a bill to be entitled an act for the punishment of certain offences therein named, reported in lieu thereof, a bill to be entitled, an act for the punishment of malicious mischief. In which report the House concurred.

The said bill was read a second time and Ordered to be engrossed for a third reading to-morrow.

On motion of Mr. Greening, Ordered, That the resolution prohibiting the introduction of new business into this House after Monday last be suspended. Thereupon,

On motion of Mr. Greening, Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our Senators and Representative in Congress, be instructed to use their influence to procure the passage of a law, by which such parts of the returns of the census of the State of Alabama, as have been or may be received, subsequently to the time pointed out by an act of Congress, passed at the last session, may be received and made a part of the population of this State, in such manner as to be entitled to representation in Congress.

Resolved further, That the Governor be requested to forward a copy of the forgoing resolution, to each of our Senators and our Representative. Which resolution was read a first time; and the rule being dispensed with it was read a second time forthwith, and Ordered to be engrossed for a third reading to-morrow.

Mr. Moore from the select committee to whom was referred a bill to be entitled an act to amend an act to reduce into one the several acts concerning strays, Reported, That said committee had stricken out all of the said bill, after the enacting clause, and recommended one in lieu thereof --- which was read a second time, and Ordered to be engrossed for a third reading to-morrow.


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Mr. Craig from the committee of the whole House whom was referred a bill to be entitled an act to amend the several acts in relation to the establishment of the bank of the State of Alabama, and to repeal such parts of said act as are repugnant to the provisions of this act, Reported that said bill with sundry amendments. In all of which the House concurred.

Mr. Pickett moved to amend the 11th section of said bill by striking out the words "one hundred thousand" for the purpose of inserting "two hundred thousand;" which was lost.

Mr. Armstrong offered the following amendment:

Be it further enacted, That when any of the incorporate banks in this state shall become a branch of the state bank it shall be the duty of the president and directors in behalf of said bank to sign a relinquishment, surrendering so much of the right granted in her charter as authorizes the loan or loans of money in any manner whatever either by discount or otherwise, which shall be considered as binding of said corporation: Provided, they may renew discounts already made by said corporation.

Which amendment was adopted.

Mr. Williamson offered the following amendment:

And be it further enacted, That no person or persons whatever, who shall be either directly or indirectly interested in the said bank, as a stockholder, either in his or their own right, or in the right of any other person or persons, body or bodies politic whatsoever, shall be eligible to the office of judge of the circuit court of chancery of supreme court of this state.

Which amendment was adopted.

Mr. Powell offered the following amendment to come in after section 9:

And be it further enacted, That the statements required the 14th rule, in the preceding section, shall be made out on oath by the cashier, or if there be no cashier, then by the chief clerk employed in the said bland, and shall in addition contain the amount of specie on hand, and all the kinds of property, both real and personal: --- and once in each year, there may be appointed by joint voted of the Legislature, one or more fit persons who shall have full power, in addition to the authority in the forgoing premises whenever it may be conceived necessary by the Legisla-


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ture, to count the specie belonging to the said Bank, and to examining on oath or affirmation any director, officer, or agent of the said bank on any matter within the sphere of his agency. And if the cashier or chief clerk shall refuse or neglect to make such statements required by this act, for the space of thirty days after the meeting of the Legislature, he shall forfeit his office in said Bank, shall forever thereafter be ineligible, and shall forfeit and pay for the use of the State, a sum not exceeding five hundred dollars; and that the statements required to be furnished to the mother Bank from the several branches thereof, be under the same rules, regulations and restrictions as are herein contained. Which amendment was lost.

Mr. Armstrong offered the following amendment:

Be it further enacted, That the Legislature shall, by a joint voted of both Houses, fix the place where the Bank shall be located. Which was adopted.

Mr. Crenshaw offered the following amendments:

Be it further enacted, That no persons who is a director or stockholder of any Bank, shall be a director or officer of the State Bank: Provided, nothing herein contained shall prevent the stockholders of any of the Banks now established from being a director of the State Bank, after the said Bank shall be come a branch of the State Bank. Which amendment was adopted. Ordered, that the said bill be engrossed, for a third reading to morrow.

A communication was received from the Governor by Mr. Pleasants, Secretary of State, informing this House that he did, on the 6th instant, approve and sign.

An act to regulate the mode of issuing grants and patents in this State.

An act legalizing the sales of certain lands and lots therein named, and for other purposes.

An act to alter and amend the militia laws of this State.

An act to amend an act entitled an act to incorporate the Indian Creek navigation company.

An act to authorize the executor of Joseph Phillips, deceased, to sell and transfer certain certificates of land therein named.

An act for the relief of Eugenio Campbell, tax collector of Lawrence county.

An act supplementary to an act to suppress duelling, passed the 17th December 1819; and,

An act to fix the time for convening the General Assembly of the State of Alabama.


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A bill to be entitled An act to regulate the Judicial Circuits of this State, and appointing an additional Judge and Solicitor, was read a second time.

Mr. Perry moved to amend the said bill, by striking out the word "Pickens" in the third Judicial Circuit, for the purpose of inserting "Blount;" Which was lost.

Mr. Armstrong moved to strike out "Conecuh," in the first judicial circuit, for the purpose of inserting "Marengo;" which was decided in the affirmative. Ayes --- 23. Nays --- 21.

The ayes and nays being called for,

Those who voted in the affirmative, are,

Mr. Speaker, Allen, Armstrong, Bagby, Brown, Carr, Crenshaw, Dale, Duckworth, Evans, Fleming, Hopkins, Kennedy, Leake, Montgomery, Murrell, Masterson, Morton, Martin, Norwood, Smith, Tagert, Thompson.

Those who voted in the negative, are

Messrs. Anderson, Beene, Edmondson, Elmore, Fitzpatrick, Greening, Hardwicke, Holderness, Jones, Moore, McHenry, Pickett, Powell, Philpott, Perry, Parham, Skinner, Vining, Weedon, Williams, Williamson.

Mr. Crenshaw moved to strike out "Autauga" in the sixth Judicial Circuit, for the purpose of inserting "Conecuh;" which was carried.

Mr. Crenshaw moved to strike out "Marengo" for the purpose of inserting "Autauga" in the second Judicial Circuit; which was carried.

Mr. Williamson moved to reconsider the vote on Mr. Perry's motion to strike out "Pickens" in the third Judicial Circuit; which was lost. Ayes 14 --- Nays --- 31.

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

Messrs. Allen, Ayers, Edmondson, Fitzpatrick, Hardwicke, Jones, Miller, Martin, Pickett, Perry, Powell, Vining, Williams, Williamson --- 14.

Those who voted in the negative, are

Mr. Speaker, Anderson, Armstrong, Bagby, Barclay, Beene, Brown, Carr, Clay, Crenshaw, Craig, Dale, Duckworth, Elmore, Fleming, Graham, Holderness, Hopkins, Kennedy, Leake, Montgomery, Moagoffin, Murrell, Masterson, Moore, McHenry, Norwood, Philpott, Skinner, Smith, Tagert --- 31.

Ordered, that said bill be engrossed for a third reading to-morrow.

Message from the Senate, by Mr. Lyon their secretary, informing this House that they disagree to the amendment made by this House to the bill to be entitled, an act to incorporate the murder creek navigation company.

Message from the Senate by Mr. Lyon, their secretary, informing this House, that they have read a third time and passed, he following bills, to wit: an act to incorporate the town of Vernon in the county of Autauga; and, an act to es-


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tablish an academy in the town of Sparta, and for other purposes; which originated in this House.

The House then adjourned until three o'clock this evening.

Evening Session.

Ordered, that the House concur in the disagreement of the Senate to the amendment made by this House to the bill to be entitled, an act to incorporate the Murder creek navigation company.

The House then took into consideration the bill to be entitled, an act to provide for assessing and collecting the revenue of this state. The questioning being taken to fill the bland in the eighth section of said bill, where it occurs in these words: "Provided, That no assessor and collector, shall receive more than five hundred, nor unless than dollars" with "one hundred:" it was decided in the affirmative --- yeas 28 --- nays 18.

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

Messrs. Allen, Ayers, Beene, Duckworth, Elmore, Fitzpatrick, Fleming, Greening, Graham, Hardwicke, Holderness, Jones, Kennedy, Leake, Magoffin, Masterson, Miller, Moore, Martin, Norwood, Pickett, Powell, Perry, Skinner, Tagert, Thompson, Vining, Weedon, Williams --- 29.

Those who voted in the negative, are

Mr. Speaker, Anderson, Armstrong, Bagby, Barclay, Carr, Clay, Craig, Dale, Edmondson, Montgomery, Murrell, Morton, McHenry, Philpott, Parham, Smith, Williamson --- 18.

Mr. Powell offered the following amendment to the same section, by way of rider, after the word "respectively;" "Provided always, That no assessor and collector shall be entitled to receive more than the taxes of the county may amount to;" which was adopted.

Mr. Powell moved to reconsider the voted on filling the blank in the thirteenth section, compensating the clerks of the county court, for transcribing the tax list, with "thirty seven and a half cents;" which motion was carried.

The question then being taken on filing the said blank with "seventy-five;" it was decided in the negative --- ayes 18, --- nays 28.

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

Messrs. Allen, Anderson, Dale, Elmore, Fitzpatrick, Graham, Holderness, Leake, Moore, Martin, Pickett, Philpott, Perry, Parham, Tagert, Vining, Weedon, Williams --- 18.

Those who voted in the negative, are

Mr. Speaker, Armstrong, Ayers, Bagby, Barclay, Beene, Carr, Clay, Craig, Duckworth, Edmondson, Greening, Hardwicke, Jones, Kennedy,


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Montgomery, Magoffin, Murrell, Masterson, Miller, Morton, McHenry, Norwood, Powell, Skinner, Smith, Thompson, Williamson --- 28.

Mr. Allen moved to fill the said blank with "fifty cents;" which was carried. Mr. Morton moved the following amendment by way of rider.

And be it further enacted, That if any clerk shall fail to pay the money arising from the tavern licenses, by him issued, two weeks before the time the collector is required to settle his accounts at the treasury, he shall forfeit and pay double the amount of the tavern licences by him collected to be recovered by the collector, before any court having jurisdiction thereof, and paid over by him to the state.

Which amendment was adopted.

The question then being put, shall this bill pass? It was decided in the affirmative --- ayes 29, --- nays 16.

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

Mr. Speaker, Anderson, Bagby, Carr, Crenshaw, Dale, Duckworth, Elmore, Fleming, Greening, Graham, Hardwicke, Holderness, Jones, Kennedy, Magoffin, Miller, Moore, Morton, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Smith, Tagert, Thompson, Williams --- 29.

Those who voted in the negative, are

Messrs. Ayers, Barclay, Beene, Clay, Craig, Edmondson, Fitzpatrick, Leake, Montgomery, Murrell, Masterson, Martin, Henry, Vining, Weedon, Williamson --- 16.

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

A bill from the Senate to be entitled, an act to authorize Peter Ross to establish a toll-bridge across Big-Mulberry creek, between the counties of Dallas and Autauga, was read a first time, and Ordered to be read a second time tomorrow.

A bill to be entitled, an act concerning jurors and for other purposes, was read a third time; and the question being put shall this bill pass? It was decided in the negative --- ayes 19, --- nays 24.

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

Messrs. Allen, Barclay, Beene, Edmondson, Elmore, Fitzpatrick, Hardwicke, Kennedy, Leake, Murrell, Miller, Moore, Morton, Powell, Philpott, Perry, Smith, Thompson, Williams --- 19.

Those who voted in the negative, are

Mr. Speaker, Anderson, Carr, Clay, Crenshaw, Craig, Dale, Duckworth, Fleming, Greening, Graham, Holderness, Jones, Magoffin, Masterterson, Martin, McHenry, Norwood, Pickett, Parham, Skinner, Vining, Weedon, Williamson --- 24.


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Bills of the following titles, to wit: An act to repeal in part and amend an act entitled, an act to constitute a court of oyer and terminer for the trial of slaves, and for other purposes; an act supplementary to an act entitled, an act for the relief of securities; were severally read a third time and passed; Ordered, that the titles be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

A bill from the Senate to be entitled, an act to establish a ferry and appoint commissioners to lay out a road therein named was read a first time; and on motion of Mr. Craig. Ordered, that the same be indefinitely postponed.

A bill to be entitled, an act to legitimate a certain person therein named, and for other purposes, was read a second time, and Ordered to be engrossed, for a third reading to morrow.

Bills from the Senate of the following titles, to wit: an act to establish the temporary seat of justice in the county of Decatur, and for other purposes; an act to incorporate the town of Belle-Fonte, in the county of Jackson; an act to provide for transcribing and transferring certain records, from Mobile to Baldwin count; and, an act to alter the time of holding the county courts in Franklin county; were severally read a first time; and Ordered to be read a second time, to morrow.

On motion to adjourn, it was decided in the negative --- ayes 14, nays 29.

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

Messrs. Ayers, Barclay, Crenshaw, Fitzpatrick, Graham, Montgomery, Magoffin, Murrell, Morton, Powell, Perry, Smith, Weedon, Williams, Williamson --- 14.

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Bagby, Beene, Carr, Clay, Craig, Dale, Duckworth, Edmondson, Elmore, Fleming, Hardwicke, Jones, Kennedy, Leake, Masterson, Miller, Moore, McHenry, Norwood, Pickett, Philpott, Parham, Skinner, Tagert, Thompson, Vining --- 29.

A bill from the Senate to be entitled, an act to fix the seat of justice for Blount county, was read a third time.

Mr. smith moved to postpone the further consideration of said bill indefinitely; which was lost. Ordered, that the said bill lie on the table.

The following bill and resolutions from the Senate, to wit:

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

14


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Resolutions, making it the duty of Harry Toulmin and of the judges of the supreme and circuit courts of this State, to report to the general assembly; any defects or imperfections, which may exist in the statutes of this state; were severally read a second time, and ordered to be read a third time to morrow.

The House then adjourned till to morrow nine o'clock.