Friday, December 14th, 1821.

The Senate met pursuant to adjournment.

A message was received from the House of Representatives informing the Senate that they had read a third time and passed, an act prescribing the mode by which a jury shall be drawn for the first circuit court of Pickens county; and, an act to incorporate the Murder creek navigation company, which originated in this House.

A message was also, received by Mr. Armstrong informing the Senate, that the House of Representatives had concurred in their resolution proposing to appoint a joint committee to memorialize Congress upon the subject of annexing West Florida to this sate; and that they had appointed on their part Messrs. Moore, Armstrong and Bagby.

The Senate, according to the order of the day, resolved itself into a committee of the whole on the bill to be entitled, an act to apportion the Representatives among the several counties in this state, and to di-


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vide the state into senatorial districts according to the late census, at a ratio of 1730 for the representative branch, Mr. Elliott in the chair, and after some time spent therein the committee rose, Mr. President resumed the chair, and Mr. Elliott reported, that the committee of the whole had, according to order, had said bill under consideration, and had directed him to report the same as amended.

The question was put on concurring in the amendment made by the committee of the whole to said bill, by striking out the word "two" after the word "Conecuh" and inserting in lieu thereof, the word "three" and decided in the affirmative yeas--- 11, nays 9.

The yeas & nays being desired, those who voted in the affirmative, are

Mr. President, Casey, Chambers, Deveraux, Elliott, Garth, Hogg, Lanier, May, Trotter, Wingate.

Those who voted in the negative, are

Messrs. Conner, Davis, Dennis, Gaines, Hanby, Lucas, McVay, Rose, Ware.

On motion, the Senate concurred in the other amendments, made by the committee of the whole to said bill. Mr. Davis moved, to strike out all of said bill after the enacting clause, and insert in lieu thereof, the following: "That representation shall be apportioned according to the ratio 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 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, Clarke one, Conecuh and that part of Butler taken from Conecuh two, Wilcox and Greene two, Monroe and that part of Butler taken from Monroe three, Henry and that part of Covington 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; Clarke and Marengo one; Dallas and Wilcox one; Autauga and Montgomery one; Greene and Perry one; Tuskaloosa and Pickens one; Jefferson and Marion one; Blount and St. Clair one; Morgan and Lawrence one; Franklin and Lauderdale one; Limestone one; Madison one; Jackson and Decatur one; Shelby and Bibb one; and each district shall be entitled to elect one senator;" and on the question being put, it was decided in the negative; yeas 4, nays 17.

The yeas & nays being desired, those who voted in the affirmative, are

Messrs. Davis, Garth, Hanby, Rose.

Those who voted in the negative, are,

Mr. President, Casey, Conner, Chambers, Deveraux, Dennis, Elliott, Gause, Gaines, Hogg, Lucas, Lanier, McVay, May, Trotter, Ware, Wingate.

Said bill was then read the third time and passed. Ordered, that the secretary notify the House of Representatives thereof, and ask their concurrence in the amendment made to said bill.

A message was received from the House of Representatives, by Mr.

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Morton, informing the Senate, that they had the third time and passed, an act prescribing the manner of changing the venue in criminal cases, and for other purposes; in which they desire the concurrence of the Senate.

A message was received from the House of Representatives, by Mr. Philpott, informing the Senate, that they had read the third time and passed, a bill to be entitled an act to authorize the Judge of the County Court, and the commissioners of the roads and revenue of Butler county, to levy an extra tax; in which they desire the concurrence of the Senate.

Mr. Hanby, from the committee on claims, made the following report:

"The committee, to whom was referred several claims, beg leave to report, that as some doubts existing the minds of your committee, as to the propriety of allowing said claims and as the session is drawing to a close, your committee would recommend that said claims together with the papers relating thereto, be laid on the table;" which was concurred in.

On motion of Mr. Garth, the committee of the whole was discharged from the further consideration of the bill to be entitled an act to raise a revenue for the support of government for the year 1822. Mr. Casey moved to strike out the words "fifty cents." after the words "all white males above the age of twenty-one years, and not exceeding forth-five." in the third section of said bill, and insert in lieu thereof, the words "one hundred cents:" and on the question being put, it was decided in the negative. Yeas 6, nays.

The yeas & nays being desire, those who voted in the affirmative, are

Messrs. Casey, Davis, Elliott, Gause, Trotter and Ware-- 6.

Those who voted in the negative, are

Mr. President, Conner, Chambers, Deveraux, Dennis, Garth, Gaines, Hanby, Hogg, Lucas, Lanier, McVay, May, Rose and Wingate-- 15.

Mr. Davis moved to strike out the words "fifty cents," in said section, and to insert in lieu thereof the words "seventy-five cents:" and on the question being put, it was decided in the negative, Yeas 6, nays 15.

The yeas & nays being desired, those who voted in the affirmative, are

Messrs. Casey, Davis, Elliott, Gaines, Trotter and Ware-- 6.

Those who voted in the negative, are

Mr. President, Conner, Chambers, Deveraux, Dennis, Garth, Gaines, Hanby, Hogg, Lucas, Lanier, McVay, May Rose and Wingate-- 15.

Mr. Rose moved to strike out the words "one dollar," after the words "on all salves over ten, and under sixty," in the third section of said bill; and on the question being put, it was decided in the negative. Mr. Lanier offered the following additional section to said bill.

"And be it further enacted, That each practicing lawyer and physician shall pay a tax of five dollars each;" and on the question being put, on the adoption of said section, it was decided in the negative. Yeas 10, nays 11.

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

Messrs. Casey, Conner, Dennis, Elliott, Garth, Hanby, Lanier, McVay, Rose, Ware.

Those who voted in the negative, are

Mr. President, Chambers, Davis, Deveraux, Gause, Gaines, Hogg, Lucas, May, Trotter, Wingate.


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Mr. Garth moved to strike out the 14th section of said bill, and on the question being put, it was decided in the affirmative. Mr. Davis offered the following additional section to said bill.

"And be it further enacted, That a state tax of _______, be and the same is hereby imposes and placed on all writs issuing, or to be issued, from the several courts of this state, to be collected at the period of the issuance of such writs by the clerk of the court issuing the writ, and to be paid into the state Treasury annually on the first day of December in each and every year;" and on the question being put, on the adoption of said amendment, it was decided in the negative. Said bill was then read the third time and passed. Ordered, that the Secretary inform the House of Representatives thereof, and desire their concurrence in the amendment made to said bill.

Mr. Rose obtained leave to absence for the remainder of the session, after to-day.

Mr. Casey moved that the Senate insist upon their amendments to the bill to be entitled, an act to provide for assessing and collecting the taxes of this state, and on the question being put, it was decided in the affirmative. On motion, the Senate concurred in the proviso added by the House of Representatives to the amendment made by the Senate to said bill. Ordered, that the secretary inform the House of Representatives thereof.

An engrossed bill to be entitled, an act for the relief of William B. Allen, was read the third time and passed. Ordered, that the title of said bill be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

The resolution from the House of Representatives instructing our Senators and Representatives in Congress in relation to the census of this state, was read the third time and passed. Ordered, that the secretary inform the House of Representatives thereof.

A memorial to Congress on the subject of connecting the waters of Tennessee with those of the Alabama, was read the third time.

Mr. Hogg proposed the following amendment to said memorial by way of rider:

"And we further beg leave, to call your attention to the communication of the Pensacola bay with that of Mobile; which we believe can be effected with less expense than any communication, of the same importance, within the United States;" which was read the first time. On motion, the rule which requires all amendments, by way of rider, to be read on three several days was dispensed with, and said amendment was read the second and third time and adopted. Mr. Deveraux proposed the following resolution, as an amendment to said memorial, by way of rider:

"Be it resolved, that one copy of this memorial be forwarded as soon as practicable, to each of our Senators and Representative in the Congress of the United States by His Excellency, the governor, with instructions to use their best endeavors to direct the attention of the national Legislature to the important objects therein referred to;" which was read the first time. On motion, the rule which requires all amend-


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ments, by way of rider, to be read on three several days was dispensed with, and said amendment was read the second and third time and adopted. Said memorial was then read the third time and amended, and passed. Ordered, that the secretary inform the House of Representatives thereof, and desire their concurrence.

The Senate, according to the order of the day, resolved itself into a committee of the whole, in the bill to be entitled, an act for the punishment of malicious mischief, Mr. Casey in the chair; and after some time spent therein, the committee rose. Mr. President resumed, the chair, and Mr. Casey reported, that the committee of the whole, had, according to order, had said bill under consideration, and had directed him to report the same as amended; which was concurred in. The question was then put, "shall this bill pass?" and decided in the affirmative. Ordered, that the secretary inform the House of Representatives thereof, and desire their concurrence.

A message was received from the House of Representatives, by Mr. Hardwicke, informing the Senate, that they had concurred in the amendment made by the Senate, to the act to apportion the Representatives among the several counties of this state and to divide the state into senatorial districts according to the late census, at a ratio of 1730 for the representatives branch.

Mr. Gause, from the committee on enrolled bills reported, that said committee, had examined the following acts, &c. and found the same duly enrolled, to wit: an act to appoint commissioners to contract for, and superintend the erection of the public buildings in the county of Wilcox; and 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 Dec. 3, 1821; 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 to incorporate the town of Belle-Fonte in the county of Jackson; an act to authorize Peter Ross to establish a toll bridge across Big Mulberry creek between the counties of Dallas and Autauga; an act more effectually to enforce the acts of the general assembly of the 21st December, 1820, and of June 14, 1821, in relation to roads within this state; an act authorizing a lottery for the benefit of Building an academy in the town of Montgomery; 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 to incorporate the Murder creek navigation company; an act providing for certain officers; an act to incorporate the town of Demopolis in Marengo county; an act prescribing the mode by which a jury shall be drawn for the first circuit court for Pickens county: 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; which were accordingly signed by Mr. President.

The Senate adjourned until half past 3 o'clock P.M.


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Half past three o'clock P.M.

The Senate met pursuant to adjournment.

A bill from the House of Representatives to be entitled, an act to alter and amend the militia laws of this state, was taken up and read the third time. Mr. Chambers moved, to fill the blank in said bill with the words "eight hundred;" and on the question being put, it was decided in the negative yeas 10, nays 10.

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

Mr. President, Casey, Chambers, Deveraux, Dennis, Hogg, Lucas, Lanier, May, Ware.

Those who voted in the negative, are

Messrs. Conner, Davis, Elliott, Garth, Gause, Gaines, Hanby, McVay, Trotter, Wingate.

Mr. Trotter moved, a reconsideration of the vote of the Senate on filling the blank in said bill with the words "eight hundred;" and on the question being put, it was resolved in the affirmative.

Mr. Gause, moved till the blank in said bill with, the words "twelve hundred;" and on the question being put, it was decided in the negative--- yeas 3, nays 17.

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

Messrs. Chamber, Gause, Trotter.

Those who voted in the negative, are

Mr. President, Casey, Conner, Davis, Deveraux, Dennis, Elliott, Garth, Gaines, Hanby, Hogg, Lucas, Lanier, McVay, May, Ware, Wingate.

Mr. Chambers, moved to fill the blank with the words "eight hundred;" and on the question being put, it was decided in the negative--- yeas 9, nays 11.

The yeas & nays being desired, those who voted in the affirmative, are

Mr. President, Casey, Chambers, Deveraux, Dennis, Hogg, May, Trotter, Ware,

Those who voted in the negative, are

Messrs. Conner, Davis, Elliott, Garth, Gause, Gaines, Hanby, Lucas, Lanier, McVay and Wingate-- 11.

Mr. Hanby moved till said blank with the words "five hundred;" and on the question being put, it was decided in the negative. Yeas 4, nays 16.

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

Messrs. Garth, Gaines, Hanby and Wingate-- 4.

Those who voted in the negative, are

Mr. President, Casey, Conner, Chamber, Davis, Deveraux, Dennis, Elliott, Gause, Hogg, Lucas, Lanier, McVay, May, Trotter and Ware-- 16.

Mr. Dennis moved that the further consideration of said bill be indefinitely postponed; and on the question being put, it was decided in the negative. Yeas 8, nays 12.

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

Messrs. Conner, Chambers, Dennis, Elliott, Gause, Hanby, Lanier and Trotter.

Those who voted in the negative, are

Mr. President, Casey, Davis, Deveraux, Garth, Gaines, Hogg, Lucas, McVay, May, Ware and Wingate.

Mr. Casey moved a reconsideration of the voted of the Senate on the third reading of said bill, and on the question being put, it was decided


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in the affirmative, Mr. Davis moved a reconsideration of the vote of the Senate on concurring in the amendments made by the committee of the whole to said bill; and on the question being put, it was resolved in the affirmative. Mr. Chambers proposed to amend said bill by the following additional sections:

"Sec. And be it further enacted, That it shall be the duty of Major Generals to review the militia of their respective divisions, by regiments, at least once in four years; Brigadier Generals shall review their respective brigades at least once in three years, in like manner,

"Sec. And be it further enacted, That Brigadier Generals shall be allowed one additional aid-de-camp, who shall have the rank of Captain, to be appointed according to law;" which was adopted. Said bill was then read the third time as amended and passed. Ordered, that the same be sent to the House of Representatives for their concurrence.

A message from the House of Representatives, by Mr. Philpott, a member thereof.

Mr. President; I am instructed by the House of Representatives, to inform your honorable body, that they agree to the amendments made by the Senate to the memorial to Congress, on the subject of connecting the waters of the Tennessee river, with those of the Alabama; also, to the act to raise a revenue for the support of the government for the year 1822; also, to the act to provide for assessing and collecting the taxes of this state.

They also agree to the first amendments made by your honorable body, to the act for the punishment of malicious mischief; they disagree to the last amendment made by the Senate to said bill; they have also, read a third time and passed, an act to amend an act to establish the temporary seat of justice in certain counties therein named; an act to repeal in part, and amend an act, 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, passed the 14th day of June last, in which they desire your concurrence.

A message from the House of Representatives, by Mr. Morton:

Mr. President; I am instructed by the House of Representatives, to inform your honorable body, that they have read the third time and passed, an act to authorize the issuing of Treasury notes, and to vest authority in the Executive of this state, to apply a certain sum of money therein mentioned, for the propose of making such arrangements with specie paying banks of this state, as may and the credit and currency of the treasury notes, which originated in your honorable body, and have made sundry amendments thereto; in which they desire your concurrence.

A message from the House of Representatives, by Mr. Hardwick:

Mr. President; I am instructed by the House of Representatives, to inform your honorable body, that they have read the third time and passed, to repeal in part and amend the 43d section of an act to organize the militia of this state, passed 20th December, 1820, in which they desire your concurrence.


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A message from the House of Representatives by Mr. Philpott:

Mr. President: I am instructed by the House of Representatives to inform your honorable body that they have read the third time and passed, an act to regulate the proceedings in chancery suits, in which they desire your concurrence.

A bill from the House of Representatives, to be entitled an act to abolish the fictitious proceedings in cases of ejectment, and for other purposes therein named, was read the first time. On motion the rule which requires all bills to be read on three several days was dispensed with and said bill was read the second and third time and passed. Ordered, that the secretary acquaint the House of Representatives thereof.

An engrossed bill to be entitled an act authorizing Edwin Lewis to open and construct a road in Mobile county, was read the third time and passed. Ordered, that the title of said bill be as aforesaid and that the same be sent to the House of Representatives for their concurrence.

A message from the House of Representatives by Mr. Morton.

Mr. President: I am instructed by the House of Representatives to inform your honorable body that they have read a third time and passed, an act to fix the permanent seat of justice in the county of Montgomery; and an act to amend the laws regulating proceedings upon the claims of property under execution; in which they desire your concurrence.

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 acts as are repugnant to the provisions of this act, was read the first time. Mr. Elliott proposed to amend said bill by an additional section by way of rider to wit:

"And be it further enacted, That nothing contained in the provisions of this act shall authorize any bank in this state to become a branch of the state bank, until the President and Directors of such bank wishing to become a branch bank, shall fully and satisfactorily pay, or secure to the President and directors of the bank of the state of Alabama, all the outstanding debts due by such bank wishing to become a branch as aforesaid."

On motion the rule which requires all amendments by way of rider to be read on three several days, was dispensed with, and said amendment was read the second and third time and adopted.

Mr. Casey proposed he following additional section, as an amendment to said bill by way of rider.

"And be it further enacted, That no directors, stockholder or other person, shall be allowed a greater credit over and above the stock they hold in the bank, than then thousand dollars; and on the question being put, on the adoption of said amendment it was decided in the negative, yeas 9, nays 11.

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

Mr. President, Casey, Camber, Deveraux, Hogg, May, Trotter, Ware, Wingate.

Those who voted in the negative, are

Messrs. Conner, Davis, Dennis, Elliott, Garth, Gause, Gaines, Hanby, Lucas, Lanier, and McVay-- 11


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Mr. Casey moved to amend said bill, by way of rider, by inserting after the word "stock holders" in the 2nd line of the 26th section of said bill, the words "or the Copartner of any such director;" and on the question being put it was decided in the affirmative.

The question was then put, "shall this bill pass?" and decided in the affirmative. Yeas 12, nays 8.

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

Messrs. Conner, Davis, Dennis, Elliott, Garth, Gause, Gaines, Hanby, Lucas, Lanier, McVay, and Wingate--12.

Those who voted in the negative, are

Mr. President, Casey, Chamber, Deveraux, Hogg, May, Trotter, Ware-- 8.

Ordered, that the Secretary notify the House of Representatives of the passage thereof, and desire their concurrence in the amendments made to said bill.

On motion of Mr. Elliott leave of absence was granted to Mr. Garth, for the remainder of session, after to morrow.

On motion of Mr. Wingate, leave of absence was granted to Mr. Hanby, for the remainder of the session, after to morrow

On motion the Senate adjourned till to morrow morning at 9 o'clock.