Thursday, June 7, 1821

Mr. Dale presented the petition of John M. Flinn, praying to be allowed offsetts to a judgment obtained against him by the State, which was read and referred to a select committee, consisting of Messrs. Dale, McKinley, and Fitzpatrick of Autauga.

Mr. Moore of Madison, from the select committee to whom was referred the Petition of sundry inhabitants of Hazle Green, in the county of Madison, reported the following bill: "a bill to be entitled an act to incorporate the town of Hazle Green in the county of Madison, which was read the first time, and made the order for its second reading to-morrow.

Mr. Weedon from the select committee to whom was referred the bill to be entitled an act concerning executions, and for other purposes, reported the same with amendments, on motion, the House concurred in the first and second amendments.

On motion to concur in the third amendment which is a proviso to the 4th section in these words: "Provided, nevertheless, that should the party for whose benefit the trust or mortgage was made, not be a resident of this State, then and in that case he shall indorse that he is willing to take such money as is specified in the 2d section of this act," it was decided in the affirmative: the yeas and nays being called for.

Those who voted in the affirmative, are Messrs. Bigham, Bailey, John Brown, Chambers, Chapman, Clay, Doxey, Davis, Edmundson, Fitzpatrick of Montgomery, Holderness, Isbell, Leake, Sargent, Walker, McKinley, Moore of Madison, Morton, McVay, Rather, Skinner, Shackleford, Vining, Weedon, 24.

Those who voted in the negative, are Messrs. Speaker, Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Benson, Isaac Brown, Col. John Brown, Creagh, Coats, Coleman, Draughon, Dale, Fitzpatrick of Autauga, Hill, Jackson, Murrell, McMeans, Moore of Marion, Perry, Smoot, Tagert, 21.

Mr. Perry moved to amend the said bill by adding the following : Sec. 6. Be it enacted that the provisions of the first section of this act, shall not extend to any person or persons who are citizens of this State, and not residing in either of the counties mentioned in the first section of this act." which was decided in the affirmative.

Mr. McKinley moved to amend the said bill by adding the following section: "And be it further enacted, That no note or bond shall be assigned for the purpose of evading the provisions of this act; and upon proof of such assignment, any suit brought thereon shall be dismissed with costs," which was decided in the affirmative. Ordered, that the said bill be engrossed, and made the order of the day for its third reading to-morrow.

A message from the Governor, by Mr. Rogers:

Gentlemen of the Senate and the House of Representatives, I have the honor at this time to lay before you, a memorandum of vacancies which have occurred since your last session in offices which it will devolve on you to fill during your present session. I beg leave likewise, to recommend to your consideration at this time the propriety


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of adjusting and settling the claim of William Terry, Esq. for services rendered in the examination of certain rivers in this State.

THOMAS BIBB.

Mr. Perry from the select committee to whom was referred the petition of the Town Council of Cahawba, reported in part, the following bill, "a bill to be entitled an act concerning the Cahawba Bridge," which was read the first and second time, the rule being suspended, and on motion, Ordered, That the same be engrossed, and made the order of the day for to-morrow.

Mr. Perkins, from the select committee to whom was referred the bill to be entitled an act to change the time of holding courts in the third circuit of this State, reported the same with amendments, which said amendments, were concurred in by the House.

Mr. Weedon moved to strike out the fourth section of said bill, which was decided in the negative.

Mr. McVay moved an amendment by adding the following section.

Sec. 6. And be it further enacted, That the second and fourth terms of the county Courts in each and every year, shall have jurisdiction in all matters cognizable before that Court, except in those of debt and assumpsit only, which was adopted by the House.

Mr. Weedon moved an amendment to that part of the bill prescribing the time the Circuit Court in Madison county may sit, by adding after the word finished, these words, "provided it shall not exceed three weeks." which was decided in the negative, by yeas and nays.

Those who voted in the affirmative, are Mr. Benson, Col. Jno. Brown, Moore of Madison, Vining, Walker, and Weedon- 6.

Those who voted in the negative, are Mr. Speaker, Messrs. Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Bigham, Bailey, Isaac Brown, John Brown, Chambers, Chapman, Clay, Creagh, Cook, Coats, Coleman, Draughon, Dale, Doxy, Davis, Edmundson, Fitzpatrick of Montgomery, Fitzpatrick of Autauga , Hill, Holderness, Isbell, Jackson, Leake, McKinley, Morton, Murrell, McMeans, Moore of Marion, McVay, Perry, Perkins, Rather, Skinner, Shackleford, Sargent, Smoot, Tagert- 41.

So the said amendment was not adopted. Ordered, that the said bill be engrossed, and made the order of the day for a third reading to-morrow.

Mr. Perkins from the select committee to whom was referred the petition of William M. Marr, reported the following bill: a bill to be entitled an act for the relief of the occupants of the lands selected for the use of the University within this state, and rented before the approval thereof, which was read a first time, and made the order of the day for its second reading to-morrow.

Mr. Coleman obtained leave to bring in a bill to fix the permanent seat of justice for the county of St. Clair, which was read a first time, and ordered for a second reading to-morrow.

Mr. McMeans from the select committee to whom was referred the petition of sundry inhabitants of Cahawba, reported the following bill: a bill to be entitled an act to repeal part of an act entitled an act to vest certain lots in the Intendant and Council of the town of Cahawba


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and for other purposes, which was read a first time, and ordered for a second reading to-morrow.

A 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 returns of the late census, was read a third time and passed. Ordered, that the words "a bill to be entitled" be stricken out, and that the same be sent to the senate for their concurrence.

Mr. Morton moved that so much of the governor's message of this day, as relates to the claims of the engineer, be referred to a select committee, consisting of Messrs. Morton, McKinley and Sargent.

A bill to be 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, was read a second time by its title. On motion of Mr. McKinley, the House resolved itself into a committee of the whole on the said bill, and after sometime spent in the consideration thereof, the committee rose, and Mr. Chambers reported it without amendment. Ordered, that the said bill be referred to a select committee; and Messrs. McKinley, Armstrong and Perry, were appointed said committee.

A bill to be entitled an act to alter the militia law of this State, was read a third time.

Mr. Shackleford moved to amend the said bill by adding three additional sections by way of rider, which were read three several times, and passed. The bill was then passed.

Mr. John Brown moved to amend the said bill by striking out the title.

Mr. John Brown moved further to amend said bill by adding the following words as the title of the bill, viz: "An act supplementary to an act entitled an act to organize the militia of this State, passed at Cahawba, December 20, 1820, and for other purposes," carried.

A bill to be entitled an act to authorise Malcolm Gilchrist of Lawrence county to build a mill and other water works, on the muscle Shoals, which was read a third time and passed. 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 bill to be entitled an act to reduce and fix the compensation of members of the General Assembly was read a third time.

Mr. Dale moved to fill the first blank with the word "seven" which was decided in the negative.

The ayes and nays being called for. Those who voted in the affirmative, are Messrs. Abercrombie, Armstrong of Mobile, Isaac Brown, John Brown, Creagh, Coats, Draughon, Dale, Doxey, Edmundson, Fitzpatrick of Montgomery, Morton, Smoot, Tagert 14.

Those who voted in the negative, are Messrs Armstrong of Conecuh, Bigham, Benson, Bailey, Leake, McKinley, Moore of Madison, Murrell, Col. John Brown, Chambers, Chapman, Clay, Cook, Coleman, Davis, Fitzpatrick of Autauga, Hill, Holderness, Jackson, Moore of Marion, McVay, Perry, Perkins, Rather, Shackleford, Sargent, Skinner, Vining, Walker, Weedon- 30.


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Mr. Smoot moved to fill the blank, with the word "six" which was decided in the affirmative: the yeas and nays being called for.

Those who voted in the affirmative, are Messrs. Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Benson, Isaac Brown, John Brown, Chambers, Creagh, Coats, Draughon, Dale, Doxey, Edmundson, Fitzpatrick of Montgomery, Hill, McKinley, Morton, McMeans, Perry, Perkins, Rather, Smoot, Tagert, Vining, Weedon- 25.

Those who voted in the negative, are Messrs. Bigham, Bailey, Col. John Brown, Chapman, Clay, Cook, Coleman, Davis, Fitzpatrick of Autauga, Holderness, Jackson, Leake, Moore of Madison, Murrell, Moore of Marion, McVay, Skinner, Shackleford, Sargent, Walker 20.

Mr. Draughon moved that the following section be adopted by way of rider: And be it further enacted, That the operation of this act shall extend to the present General Assembly only, which was decided in the negative. The yeas and nays being called for.

Those who voted in the affirmative, are Mr. Speaker, Abercrombie, Armstrong of Mobile, Bailey, Isaac Brown, John Brown Col J. Brown, Draughon, Dale, Doxey, Davis, Edmundson, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Morton, Murrel, Perkins, Smoot, Weedon. 19.

Those who voted in the negative, are Messrs. Armstrong of Conecuh, Bigham, Benson, Chambers, Chapman, Clay, Creagh, Cook, Coats, Coleman, Hill, Holderness, Jackson, Leake, McKinley Moore of Madison, McMeans, Moore of Marion, McVay, Perry, Rather, Shackleford, Sargent, Tagert, Vining, Walker- 26.

Mr. Smoot moved to fill the 2d blank with the word "five" which was decided in the negative. The yeas and nays being called for.

Those who voted in the affirmative, are Messrs. Abercrombie, Armstrong of Mobile, Isaac Brown, John Brown, Draughon, Dale, Doxey, Edmundson, Smoot- 9.

Those who voted in the negative, are Mr. Speaker, Armstrong of Conecuh, Bigham, Benson, Bailey, Col. John Brown, Chambers, Chapman, Clay, Creagh, Cook, Coats, Coleman, Davis, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Hill, Holderness, Jackson, Leake, McKinley, Moore of Madison, Morton, Murrell, McMeans, Moore of Marion, McVay, Perry, Perkins, Rather, Skinner, Shackleford, Sargent, Tagert, Vining, Walker, Weedon- 37.

Mr. Coats moved to fill the said blank with the word "four" which was decided in the affirmative. The yeas and nays being called for.

Those who voted in the affirmative, are Messrs. Armstrong of Mobile, Armstrong of Conecuh, Bigham, Isaac Brown, John Brown, Col. John Brown, Chambers, Creagh, Cook, Coats, Draughon, Dale, Doxey, Davis, Edmundson, Hill, Jackson, Murrell, Moore of Marion, Perkins, Rather, Skinner, Shackleford, Sargent, Smoot, Tagert, Vining, Weedon- 28

Those who voted in the negative, are Mr. Speaker, Abercrombie, Benson, Bailey, Chapman, Clay, Coleman, Fitzpatrick of Montgomery, Fitzpatrick of Autauga , Holderness, Leake, McKinley, Moore of Madison, Morton, McMeans, McVay, Perry, Walker- 18.

Mr. Dale moved to fill the 3d blank with the word "four" which was decided in the affirmative.

And the blanks being thus filled, the bill was then passed. 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 bill to be entitled an act to prescribe the manner of taking depositions in certain cases, was read a third time and passed. 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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The House adjourned till 3 o'clock this evening.

Evening Session.

House met pursuant to adjournment.

A bill to be entitled an act to repeal the second section of an act passed 20th December, 1820, to establish certain election precincts therein named and for other purposes, was read the third time. Mr. Moore of Marion moved to amend said bill by way of rider, by adding thereto two additional sections, which was carried, and the same being read three times, the bill was then passed. Ordered, that the words " a bill to be entitled" be stricken out, and that the same be sent to the senate.

The bill to be entitled an act to amend an act, entitled an act to provide for assessing and collecting the taxes, and for taking the census of this state, passed at the second session of the General Assembly on the 22d day of December, 1820, was read a second time, and on motion of Mr. Walker, the House resolved itself into a committee of the whole on the said bill, and after having spent sometime therein, Mr. Speaker resumed the chair, and Mr. Walker, reported that the committee of the whole House had, according to order, had said bill under consideration, and had made progress, and instructed him to ask leave to sit again on to-morrow, which was granted.

A message from the senate by Mr. Williams, their secretary.

Mr. Speaker- I am instructed by the senate to inform your honorable body that they have passed a bill entitled an act to apportion the representatives among the several counties of this state, according to the returns of the late census, to which they desire your concurrence, and then he withdrew.

And then the House adjourned till to-morrow 9 o'clock.