SATURDAY, June 16, 1821.

The House resumed the consideration of the bill to be entitled an act to apportion the representatives among the several counties of this state. Mr. Chapman's motion to reconsider the vote, on Mr. Smoots motion, to recede from the amendments made by this House to the said bill, by adding two sections to the same, to wit: the 2d and 3d, the second apportioning the senatorial branch of the Government and the third apportioning the returning officers to the senatorial districts, being under consideration.

And the question being stated, will the house reconsider the said vote? was decided in the affirmative. Yeas 25, Nays 22.

The yeas and nays being called for, those who voted in the affirmative are, Mr. Speaker, Armstrong of Conecuh, Bigham, Benson, J. Brown, Chapman, Creagh, Cook, Coats, Coleman, Draughon, Dale, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Jackson, Leake, Murphy, Murrell, McMeans, Perry, Skinner, Smoot, Sargent Tagert, Weedon- 25.

Those who voted in the negative are,


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Mr. Armstrong of Mobile, Abercrombie, Bailey, Isaac Brown, Col. John Brown, Chambers, Cleveland, Clay, Davis, Edmundson, Hill, Holderness, McKinley, Moore of Madison, Morton, Moore of Marion, McVay, Perkins, Rather, Shackleford, Vining,Walker,22.

So the house re-considered the said vote.

The question was then taken on receding from the amendments made to the said bill- and decided in the affirmative, yeas 24, nays 23.

The yeas and nays being called for, those who voted in the affirmative are Mr. Speaker, Armstrong of Conecuh, Bigham, Benson, John Brown, Chapman, Creagh, Coats, Coleman, Draughon, Dale, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Jackson, Leake, Murphy, Murrell, McMeans, Perry, Skinner, Smoot, Sargent, Tagert and Weedon, 24.

Those who voted in the negative are,

Mr. Abercrombie, Armstrong of Mobile, Bailey, Isaac Brown, Col. John Brown, Chambers, Cleveland, Clay, Cook, Davis, Edmundson, Hill, Holderness, McKinley, Moore of Madison, Morton, Moore of Marion, McVay, Perkins, Rather, Shackleford, Vining, Walker, 23.

So the house receded from the amendments to the said bill.

Ordered, that the senate be acquainted therewith.

Message from the senate by Mr. Dick:

Mr. Speaker, the house have passed the following bills, to wit:

An act for the relief of John M. Flinn.

And an act to repeal part of an act therein named, and for other purposes. Both of which originated in your honourable body.

Message from the senate by Mr. Williams:

Mr. Speaker, the senate have passed the bill entitled "an act concerning persons residing on the University Lands, and who have not rented the same, and for other purposes. And have amended said bill by striking out the third and fourth sections thereof."

Ordered, that the house concur in said amendments.

Mr. Chapman from the committee on enrolled bills, reported that said committee had examined the following acts, and find them correctly enrolled, to wit:

Resolution appointing persons to examine Tuskaloosa and Buttahachee rivers. An act authorizing the collection of toll at the Cahawba bridge. Resolution fixing the time of adjourning the present General Assembly. An act to alter and amend the militia laws of this state. An act to amend an act entitled an act for assessing and collecting of taxes, and for taking the census of the state, passed at the second session of the General Assembly on the 22d December, 1820, and for other purposes. Resolution extending the time of payment of a certain sum of money due this state by John M. Taylor. An act to fix the permanent seat of justice in the county of St. Clair, and for other purposes. An act to incorporate the most worshipful grand lodge of ancient Free Masons of Alabama, and its masonic jurisdiction. An act concerning the Cahawba bridge. Resolution relating to the county of Montgomery. An act to incorporate the town of Hazle Green in the county of Madison. An act to amend an act passed at Huntsville December 16th, 1819, entitled an act to establish a public road therein named. An act imposing a tax on non-resident and transient


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persons importing goods, wares, and merchandize, in the city of Mobile and town of Blakeley, Memorial to the Congress of the United States. An act for the relief of John M. Flinn. An act to repeal part of an act therein named, and for other purposes.

The house took into consideration a bill to be entitled an act supplementary to an act making appropriations for the year 1821, and after several blanks therein being filled, Mr. Rather moved that the blank in that part of the bill allowing compensation to the Public Printer for extra services be filled with "five hundred," which was lost.

The ayes and nays being called for, those who voted in the affirmative, are Messrs. Armstrong of Mobile, Armstrong of Conecuh, Benson, Isaac Brown, John Brown, Col. John Brown, Coleman, Draughon, Dale, Fitzpatrick of Autauga, Leake, Murrell, Perry, Rather, Shackleford, Smoot, Tagert- 17.

Those who voted in the negative are Mr. Speaker, Bigham, Clay, Creagh, Davis, Edmundson, Hill, Holderness, Moore of Madison, Morton, Moore of Marion, McVay, Perkins, Skinner, Vining, Walker, Weedon- 17.

Mr. Armstrong of Mobile, moved to fill said blank with "four hundred and fifty," which was lost.

The ayes and nays being called for, those who voted in the affirmative are Messrs Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Benson, Isaac Brown, Coleman, Draughon, Dale, Davis, Fitzpatrick of Autauga, Murrell, Moore of Marion, Perry Rather, Shackleford, Smoot, Tagert- 17.

Those who voted in the negative, are, Mr. Speaker, Bigham, Chapman, Clay, Creagh, Cook, Edmundson, Hill, Holderness, Leake, Moore of Madison, Morton, McVay, Perkins, Skinner, Vining, Walker, Weedon- 18.

Mr. Chapman from the committee on enrolled bills, reported that said committee had examined the act to apportion representatives among the several counties of this state, according to the returns of the late census, and find the same correctly enrolled.

The house then adjourned till 2 o'clock.

Evening Session

Mr. Perkins offered a resolution concerning the printing of the journals and laws of the present session of the General Assembly, which was adopted, and was on motion of Mr. John Brown, amended and ordered, that the same be sent to the senate for their concurrence.

The blank in the bill entitled an act supplementary to an act making appropriations for the year 1821, concerning the appropriation to the public printer being still under consideration. Mr. McMeans moved to fill the said blank with "three hundred and ninety nine," which was decided in the affirmative.

Mr. Morton offered an amendment by way of rider, in the following words: that in all criminal prosecutions wherein the defendant shall not be able to pay costs, or the court shall not think proper to order the prosecutor to pay the same, that then and in that case the clerk of the court wherein the matter may have been pending, shall grant a certificate of attendance for the witnesses of the state in manner as tickets are granted to jurors, and such tickets may be received by the collectors in payment of the county taxes; or shall be paid out of any monies in the State Treasury not otherwise appropriated, which was read a first time.


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And on motion that this amendment be read a second time, it was decided in the negative. The yeas and nays being called for.

Those who voted in the affirmative, are Messrs. Davis, Holderness, Morton, and Shackleford- 4.

Those who voted in the negative, are Messrs. Speaker, Armstrong of Conecuh, Benson, Bailey, Isaac Brown, Jno. Brown, Col. John Brown, Creagh, Draughon, Dale, Fitzpatrick of Autauga, Fitzpatrick of Montgomery, Jackson , Moore of Madison, Murphy, McMeans, McVay, Perry, Rather, Smoot, Tagert, Vining, Walker, Weedon- 24.

The bill was then passed and sent to the senate.

On motion of Mr. Walker, Ordered, that a committee be appointed on the part of this House to act with such committee as may be appointed on the part of the senate, to wait on his excellency the acting Governor, and inform him that the two houses of the General Assembly are about to adjourn, if he has no further communications to make to them, and have appointed Messrs. Weedon, Perry, and Shackleford, of the committee. Ordered, that Messrs. Fitzpatrick of Autauga, Fitzpatrick of Montgomery, Jackson, and Armstrong of Conecuh, have leave of absence for the remainder of the session.

Message from the senate by Mr. Williams, their Secretary.

Mr. Speaker, The senate have passed the joint resolution concerning the printing of the Journals and Laws of the present General Assembly.

They have also passed the bill which originated in your honorable body, entitled an act supplementary to the act making appropriations for the year, 1821, to which they have made amendments, and ask your concurrence therein.

The House took into consideration the amendments made by the senate to the last mentioned bill, and concurred in the same. Ordered, that the senate be informed thereof.

Message from the senate by Mr. Dick.

Mr. Speaker- The senate concur in the communication appointing a joint committee to wait on his excellency the acting Governor, and have appointed a committee on their part.

Mr. Perry from the joint committee to inform his excellency the acting Governor that the two houses of the General Assembly are about to adjourn, if he has no further communication to make to them reported that the committee had waited on the acting Governor and was informed by him, that he has further communications to make, which he would do on Monday next.

Mr. Weedon moved, that the house reconsider the vote allowing Messrs. Fitzpatrick of Autauga, Fitzpatrick of Montgomery, Jackson, and Armstrong of Conecuh, leave of absence for the remainder of the session.

And the House adjourned till Monday 8 o'clock.