Saturday, December 8.

The House met pursuant to adjournment.

Mr. Weedon from the committee on inland navigation, to whom was referred so much of His Excellency's communication, as relates to connecting the waters of Tennessee and Holston rivers with those of Mobile --- Reported a memorial thereon to the Congress of the United States --- which 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 on Monday.

Mr. Perry from the committee on enrolled bills --- Reported, that the committee had examined the following bills:

An act to establish an academy in the town of Sparta, and for other purposes. and,

An act to incorporate the town of Vernon, in the county of Autauga; and find the same correctly enrolled.

On motion of Mr. Morton, the House resolved itself into a committee of the whole House, Mr. Morton in the chair, on the bill to be entitled an act to apportion the representatives among the several counties in this State, and divide the same into Senatorial districts, according to the late census; and after sometime spent therein, the committee rose, and Mr. Morton reported the bill without amendment.

Mr. Moore moved to amend the said bill by striking out all after the enacting clause, for the purpose of inserting the following:

"That representation shall be apportioned, according to the ration of one Representative for every eighteen hundred and fifty 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, 3; Lauderdale, 2; Franklin 2; Blount, 1; Jefferson, two: Marion and that part of Pickens, taken from Marion, one; Tuskaloosa, and that part of Pickens taken


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from Tuskaloosa, three; St. Clair, Two; Shelby, one: Autauga, one; Bibb, one; Perry, two; Dallas, two; Montgomery, and that part of 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 pat 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, Baldwin and Mobile, shall form one Senatorial district; Conecuh, Henry, and Covington, one; Monroe and Butler, one; Clark and Marengo, one; Dallas and Wilcox, one; Autauga, Montgomery, and Pike, one; Green and Perry, one; Tuskaloosa & Pickens, 1; Jefferson & Marion, 1; Bound and St. Clair, one; Morgan and Lawrence, one; Franklin and Lauderdale; one; Limestone, one; Madison, one; Jackson and Decatur, one: and, Shelby, and Bibb, one; and each district shall be entitled to elect one Senator; which amendment was adopted. Ayes 26, nays 25.

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

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

Those who voted in the negative, are

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

Mr. Greening, moved to postpone the further consideration of the said bill indefinitely. Mr. Greening asked for leave to withdraw said motion. And upon the question being put, shall leave be given to withdraw said motion? It was decided in the affirmative. Ayes 47, nays 7.

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

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

Those who voted in the negative, are

Messrs. Armstrong, Bagby, Brown, Edmondson, Fleming, King, Murrell.


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Mr. Armstrong moved to reconsider the vote on Mr. Moore's amendment to said bill; which was carried.

The question was then again put on the adoption of Mr. Moore's amendment, and decided in the negative --- ayes 26, nays 28.

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

Messrs. Allen, Armstrong, Ayers, Brown, Clay, Davis, Edmondson, Fleming, Hardwicke, Holderness, King, Leake, Murrell, Miller, Moore, Morton, Martin, McHenry, Powell, Philpott, Perry, Parham, Smith, Vining, Weedon, Williams --- 26.

Those who voted in the negative, are

Mr. Speaker, Anderson, Bagby, Barclay, Beene, Carr, Crenshaw, Craig, Dabney, Dale, Duckworth, Evans, Elmore, Fitzpatrick, Greening, Graham, Hopkins, Jones, Kennedy, Montgomery, Magoffin, Masterson, Norwood, Pickett, Skinner, Tagert, Thompson, Williamson --- 23.

Mr. Clay moved to lay the bill on the table till Monday next; which was decided in the affirmative --- ayes 44, nays 10.

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

Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Bagby, Barclay, Brown, Clay, Crenshaw, Dabney, Dale, Davis, Duckworth, Edmondson, Elmore, Fitzpatrick, Fleming, Graham, Hardwicke, Holderness, Hopkins, Jones, King, Leake, Magoffin, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Powell, Philpott, Perry, Parham, Skinner, Smith, Thompson, Vining, Weedon, Williams --- 44.

Those who voted in the negative, are

Messrs. Beene, Carr, Craig, Evans, Greening, Kennedy, Montgomery, Pickett, Tagert, Williamson --- 10.

Mr. Craig moved to reconsider the voted on yesterday postponing indefinitely the bill to be entitled, an at to establish a ferry and appoint commissioners to lay out a road therein named; which was carried.

The House, then, adjourned till three o'clock this day.

Evening Session.

The House met pursuant to adjournment.

An engrossed bill to be entitled, an act to authorize the administrator of John Watt, deceased, to sell certain real estate therein mentioned, 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.

An engrossed bill to be entitled, an act for the punishment of malicious mischief, was read a third time; the question being put, shall this bill pass? It was decided in the affirmative --- ayes 34, nays 5.

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


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Mr. Speaker, Allen, Anderson, Ayers, Beene, Carr, Clay, Crenshaw, Craig, Davis, Duckworth, Edmondson, Evans, Elmore, Graham, Hardwicke, Hopkins, Jones, Kennedy, Magoffin, Murrell, Masterson, Miller, Morton, Norwood, Pickett, Powell, Philpott, Perry, Parham, Skinner, Smith, Weedon, Williamson, --- 34.

Those who voted in the negative, are

Messrs. King, Leake, Martin, Vining, Williams --- 5.

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

A message was received from the Senate, by Mr. Lyon, informing this House, that they had read a third time and passed a bill, originating in this House, to be entitled an act respecting rents; to which they had made an amendment, in which they desire the concurrence of this House.

Also, that they had read a third time and passed bills or the following titles, to wit:

An act pointing out the mode of recovering debts by Physicians and other persons, for services rendered.

An act amendatory of an act to incorporate the town of Sparta, and for other purposes --- passed December third eighteen hundred and twenty-one.

An act for the relief of Henry V. Chamberlain.

An act to authorize the County Court of Butler county, to compensate the commissioners heretofore appointed to fix the seat of justice for said county, and for other purposes; and,

An act to appoint commissioners for certain counties therein named, and for other purposes.

In all of which they desire the concurrence of this House.

An engrossed bill to be entitled an act to amend an act entitled an act to reduce into one the several acts concerning strays --- was read a third time. Mr. Philpott offered the following amendment, by way of rider:

Provided always, That the property of said stray shall not be vested in the taken up, until the one half of the appraized value shall be paid into the county Treasury, any law to the contrary notwithstanding --- which was adopted. Mr. Craig moved to postpone the further consideration of said bill indefinitely; which was lost. The bill was then passed. Ordered, that the title be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.

An engrossed bill to be entitled an act to legitimate a

*14


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a certain person therein named, and for other purposes, --- 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.

Resolutions instructing our Senators and Representative in Congress, in relation to the census of this State; were read a third time and passed. Ordered, that the same be sent to the Senate for their concurrence.

Resolutions from the Senate, making it the duty of Harry Toulmin, Esq. 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 read the third time and passed. Ordered, that the Senate be acquainted therewith.

Resolutions and bills of the following titles, to wit:

An act in relation to the Spanish records in the county of Mobile;

Resolutions to request our senators and Representative in Congress, to use their exertion to procure an appropriation for treating with the Creek and other nations of Indians, relative to the cession of certain parts of their Territory. and,

An act supplementary to the several acts in relation to highways, bridges, and ferries; were severally read a third time and passed. Ordered, that the Senate be acquainted therewith.

Bills from the Senate of the following titles, to wit:

An act to incorporate the town of Belle-Fonte, in the county of Jackson;

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

An act to authorize Peter Ross, to establish a toll bridge across Big-mulberry creek, between the counties of Dallas and Autauga.

Memorial to the Congress of the United States praying, that the 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.

An act authorizing a lottery for the benefit of building an academy, in the town of Montgomery,

An act to establish the temporary seat of justice in the county of Decatur, and for other purposes.

An act more effectually to enforce the acts of the Gene-


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ral Assembly of the 21st December, 1820, and of June 14th 1821, in relation to roads within this State,

An act supplementary to the several acts in relation to wills, intestates, and guardians.

An act providing for certain officers.

An act to incorporate the town of Demopolis, in Marengo county.

An act to authorize a lottery for the purpose of building a bridge over Prairie creek, in the county of Greene.

An act to amend the act to incorporate the city of Mobile --- passed on the 17th December 1819.

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

An act to provide for transcribing and transferring certain records from Mobile to Baldwin county; were severally read a second time, and Ordered to be read a third time on Monday next.

A message was received from His Excellency by Mr. Pleasants, secretary of state, informing this House, that he did on the seventh instant, approve and sign,

An act to establish a public road therein mentioned, and for other purposes;

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

An act to establish a academy in the town of Sparta, and for other purposes;

An act to incorporate the town of Vernon in the county of Autauga; all of which originated in this House.

Ordered, that the house agree to the amendment made by the Senate to the bill to be entitled, an act respecting rents.

Bills from the Senate of the following titles, to wit:

An act pointing out the mode of recovering debts by Physicians and other persons for services rendered;

An act to appoint commissioners for certain counties therein named, and for other purposes;

An act to authorize the county court of Butler county, to compensate the commissioners heretofore appointed to fix the seat of justice for said county, and for other purposes;

An act for the relief of Henry V. Chamberlain;

An act amendatory of an act to incorporate the town of Sparta, and for other purposes, passed December 3rd, 1821; were severally read a first time; and, Ordered to be read a second time on Monday next,

A bill from the Senate to be entitled, an act to establish certain election precincts therein named and for other pur-


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poses, was read a second time and amended; and Ordered, to be engrossed for a third reading on Monday next.

Ordered, that a bill to be entitled, an act to establish additional election precincts therein named, lie on the table.

A bill to be entitled, an act to alter and amend the several acts now in force organizing the militia of this state, was read a second time.

Mr. Masterson offered the following amendment after the word "same" at the end of the first section:

And whenever the office of lieutenant colonel or major shall become vacated, there shall be a poll opened at the respective muster grounds of said battalion for the election of a lieutenant colonel, or major, as the case may be.

Which amendment was adopted.

Mr. Morton moved the following amendment:

Be it further enacted, That so much of an act entitled, an act to organize the militia of this state, passed the 20th December 1820, as allows to the assistant adjutant general and brigade major five dollars per day, as compensation for their services, be, and the same is hereby, repealed; which amendment was lost --- ayes 17, nays 22.

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

Messrs. Beene, Brown, Davis, Hardwicke, Holderness, Magoffin, Murrell, Masterson, Moore, Morton, Pickett, Philpott, Skinner, Vining, Weedon, Williams, Williamson --- 17.

Those who voted in the negative, are

Mr. Speaker, Allen, Anderson, Armstrong, Ayers, Bagby, Barclay, Carr, Clay, Crenshaw, Edmondson, Evans, Elmore, Greening, Graham, Hopkins, Kennedy, Leake, Montgomery, Norwood, Smith, Thompson --- 22.

Mr. Weedon offered the following amendment:

And be it further enacted, that hereafter there shall be only two company musters in each year, the first in the moth of April and the second in the month of October following. Which was adopted --- ayes 35, nays 11.

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

Mr. Speaker, Armstrong, Ayers, Bagby, Barclay, Beene, Brown, Carr, Clay, Craig, Edmondson, Evans, Elmore, Fleming, Graham, Hardwicke, Holderness, Hopkins, Jones, Kennedy, Leake, Magoffin, Murrell, Miller, Moore, Morton, Martin, Pickett, Philpott, Perry, Skinner, Vining, Weedon, Williams, Williamson --- 3.

Those who voted in the negative, are

Messrs. Allen, Anderson, Crenshaw, Davis, Greening, Montgomery, Masterson, Norwood, Powell, Smith, Thompson --- 11.

Mr. Vining offered the following amendment:

And be it further enacted, That defaulters at battalion and regimental musters, shall be tried by their company court


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martial, at their respective company muster grounds, which was adopted. Ordered, that the said bill engrossed for a third reading on Monday next.

The House then adjourned till Monday morning 9 o'clock.