MONDAY, June 11, 1821.

The senate met pursuant to adjournment.

The senate resumed the consideration of the bill entitled an act supplementary to an act to organize the militia of this state passed at Cahawba 20th Dec. 1820, and for other purposes. Mr. Chambers moved to amend said bill by an additional section as follows, to wit: And be it further enacted, That from and after the passage of this act, that when any court martial shall be ordered by the Governor for the trial of any contested election of any Major General or Brigadier General in this state, the following pay shall be allowed to the members of the court; to wit: to the President of the court, five dollars per diem, and to each of the members, three dollars per diem, which said court is in session; The President and members of the court shall be entitled to the same per diem pay, going to and returning from the court, as they are entitled to when in session; allowing the members of the


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court to travel thirty miles per day. On motion ordered that said bill with the amendment lie on the table.

A bill entitled an act amendatory of certain acts and to establish election precincts therein mentioned, with the amendments from the House of Representatives. On motion that the senate do concur with said amendments; the question was taken thereon and passed in the affirmative.

A bill entitled an act to authorise Leonard Peck and others to erect a toll bridge across the Black Warrior near the town of Tuscaloosa, was read the first time. Mr. Hogg moved that the rule which requires all bills to be read on three several days be dispensed with, and that said bill be read a second time forthwith. Said bill was then read the second time, and on motion of Mr. Hogg said bill was postponed until the first Monday in November next.

The bill entitled an act supplementary to an act to organize the militia of this state, passed at Cahawba 20th Dec. 1820, and for other purposes, was taken up, and the amendment, on motion of Mr. Chambers, by adding another section to the bill, was on the question being put passed in the affirmative. Said bill was then read as amended, the third time and passed. Ordered that the secretary acquaint the House of Representatives thereof.

The senate resumed the consideration of the bill to be entitled an act concerning executions and for other purposes, and said bill was read the third time and the question being taken on its passage, the ayes and noes being called for it passed in the affirmative, ayes 11, noes 8.

Those who voted in the affirmative are Messrs. President, Conner, Davis, Dennis, Garth, Gaines, Hanby, Lucas, Ringgold, Rose and Terrell.

Those who voted in the negative are Messrs. Casey, Chambers, Devereux, Elliott, Gause, Hogg, Trotter and Ware.

A bill to be entitled an act concerning the Cahawba bridge was read the first time. Mr. Casey moved that the rule which requires all bills to be read on three several days be dispensed with and that said bill be read the second time forthwith. Said bill was then read the second time, and ordered to be read a third time on to-morrow.

A bill to be entitled an act to amend an act entitled an act to regulate the proceedings in courts of law and equity in this state, was read the first time. Mr. Elliott moved that the rule which requires all bills to be read on three several days be dispensed with and that said bill be read a second time forthwith. Said bill was then read the second time, and on motion, committed to a committee of the whole and made the order of the day on to-morrow.

The bill concerning stay of executions, and officers fees, was on motion ordered, to lie on the table.

A bill to be entitled an act to alter and enlarge the towns of certain circuit and county courts was read a second time, and on motion said bill was committed to a committee of the whole and made the order of the day on to-morrow.

The bill entitled an act to repeal the second section of an act passed


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20th Dec. 1820, to establish certain election precincts therein named and for other purposes, was read the third time and passed. Ordered that the secretary acquaint the House of Representatives thereof.

Mr. Elliott from the select committee to whom was referred that part of the Governor's last message as relates to Wm. Terry civil engineer, reported as follows: Mr. President, the committee to whom was referred so much of the message of his excellency the acting Governor as relates to the propriety of adjusting and settling the claims of William Terry, Esq. for services rendered in the examination of certain rivers of this state, report that they have with attention and deliberation examined the subject submitted to their consideration, and have with circumspection investigated the accounts presented by the said Terry against the state of Alabama, for services rendered by the said Terry to this state in pursuance of the provisions contained in the act of the legislature of this state, passed Dec.13, 1813, entitled an act to provide for examining certain rivers therein named and for other purposes. Your committee have satisfactorily ascertained that the objects embraced and intended to be effected by said act, have only been partially carried into execution by the said Terry the engineer employed for that purpose by his excellency the late Governor. Your committee are of the opinion that the account presented by said Terry (for his services) against this state is exorbitant and ought not to be admitted in the whole; because, by the before recited act, a sum of money not to exceed four thousand dollars was appropriated by the legislature, to carry into effect all the objects embraced by the said act and contemplated thereby to be performed. And that it evidently appears to your committee that many of the purposes contemplated to be effected and to result from the services of said Terry pursuant to his engagement and agreement with the late Governor, have not been accomplished. Your committee therefore, in recommending to your honourable body the adoption of measures calculated to extend relief to the said Terry, have deemed it inexpedient to advert to the before recited act, or to consider it as the basis of their proceedings in this case; but have allowed said Terry for his services as engineer, during the time he was actually engaged in the service of this state, at the rate of four thousand dollars per annum: computing the compensation therefore, of the said Terry by this rule, he would be entitled to receive for the time he was actually engaged in the service of the state, the sum of one thousand dollars. It also appears to your committee that for the purpose of employing men to assist in such surveys as were made by said Terry in conformity with the before recited act, for provisions and other incidental charges, and also for expences incurred by said Terry as attending the legislature of this state, with the view of obtaining payment, and remuneration for his services, he has expended and is entitled to receive, the additional sum of one thousand dollars. Your committee would recommend the adoption of a law calculated to extend and afford relief to the said Terry in


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order that he may be remunerated for services rendered and be indemnified for expences incurred.

JOHN ELLIOTT,

Chairman of the committee.

Mr. Elliott further reported by a bill entitled an act for the relief of William terry, Esq. which was read the first time.

Mr. Elliott moved that the rule which requires all bills to be read on three several days be dispensed with, and that said bill be read a second time forthwith. Said bill was then read the second time, and on motion committed to a committee of the whole and made the order of the day on to morrow.

The senate adjourned until eight o'clock to morrow morning.