TUESDAY, June 12, 1821.

The Senate met pursuant to adjournment.

On motion of Mr. Elliott the bill to be entitled an act to reduce and fix the pay of the members of the General Assembly, was ordered to lie on the table.

On motion of Mr. Elliott a bill entitled an act to amend the laws now in force in relation to the public revenue, was order to lie on the table.

A bill to be entitled an act to amend an act entitled an act to regulate the proceedings in courts of law and equity of this state, was read a second time.

On motion of Mr. Elliott the senate resolved itself into a committee of the whole on the bill to be entitled an act to regulate the proceedings in courts of law and equity of this state, Mr. Garth in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Garth reported, that the committee of the whole had, according to order, had said bill under consideration and had instructed him to report the same with sundry amendments, in which they desire the concurrence of the senate.

Mr. Casey moved that the senate disagree to the amendment proposed by the committee of the whole by adding an additional section, to wit: And be it further enacted, that the Judge shall keep his office in the court house of his county.

And the question being taken thereupon, the ayes and noes being called for, it was decided in the affirmative. Ayes 14, Noes 5.

Those who voted in the affirmative are Messrs. Casey, Conner, Davis, Dennis, Elliott, Garth, Gause, Lucas, Ringgold, Rose, Terrell, Trotter and Ware.

Those who voted in the negative are Messrs. President, Chambers, Gaines, Hanby and Hogg.

Mr. Casey moved that the senate concur in the amendment proposed by the committee by adding the following section, to wit:

And be it further enacted, that this act shall continue and be in force until the first day of January, 1823.

And the question being taken, the ayes and noes being called for, it passed in the affirmative. Ayes 13, Noes 5,

Those who voted in the affirmative are Messrs. President, Casey,


(28)

Chambers, Dennis, Devereux, Gaines, Hanby, Hogg, Lucas, Ringgold, Rose, Terrell and Trotter.

Those who voted in the negative are Messrs. Conner, Davis, Elliott, Garth and Gause.

On motion of Mr. Casey the senate concurred to the other amendments proposed by the committee of the whole to said bill.

On motion ordered that said bill as amended by read a third time in the afternoon.

A message from the House of Representatives by Messrs. Armstrong of Mobile, and Mr. Clay: Mr. President, the House of Representatives have adopted the following order- 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 draft a memorial praying Congress to change the manner of holding the District Courts of the U. States in this state, so as to place citizens on an equal footing with the citizens of other states, in the operation of said court, and that the said committee also take into consideration the propriety of memorializing Congress on the necessity of continuing the erection of fortifications on Dauphin Island, in which they desire your concurrence. And have appointed on their part Messrs. Armstrong of Mobile, Murphy and Chambers.

On motion of Mr. Elliott a committee was appointed on the part of the senate, consisting of Messrs. Elliott, Casey and Garth.

Mr. Davis moved that the rule which requires one days notice to introduce a bill be dispensed with. Mr. Davis then asked and obtained leave to bring in a bill to be entitled an act providing for the payment of costs in certain cases which was read the first time. On motion of Mr. Davis, the rule which requires all bills to be read on three several days was dispensed with and said bill was read a second time forthwith. Mr. Garth moved to amend said bill by adding the following section. And be it further enacted, That this act shall not be construed to repeal an act approved 20th December, 1820, giving jurisdiction to certain counties; which was read and adopted. Ordered that said bill be engrossed for a third reading on to-morrow.

Mr. Garth from the committee on enrolled bills, reported, that the committee had examined the following bills and found them duly enrolled, to wit: an act to amend an act passed 20th December, 1820, to establish certain election precincts therein mentioned and for other purposes; an act to authorize Malcom Gilchrist of Lawrence county, to build a mill and other water works on the muscle shoals.

On motion of Mr. Elliott the bill entitled an act to repeal in part, and amend an act entitled an act to regulate the proceeding, in courts of law, and equity in this state, was ordered to lie on the table.

Message from the House of Representatives by Mr. Isaac Brown.

Mr. President the House of Representatives have passed the bill entitled an act to apportion the representatives among the several counties of this state according to the returns of the late census, which they have amended by adding two sections to wit: Sec. 2. And be it


(29)

further enacted, that the counties of Baldwin, Washington and Mobile, shall form one senatorial district; Conecuh, Henry, and Butler, one; Monroe and Wilcox one; Clarke and Marengo, one; Dallas and Perry, one; Autauga & Montgomery, one; Greene, Pickens & Tuskaloosa, one; Bibb and Shelby, one; Jefferson and Marion, one; Blount and St. Clair, one; Cotaco, one; Lawrence, one; Franklin and Lauderdale, one; Limestone, one; Madison, one; and Jackson, one; and each district shall be entitled to elect one senator.

Sec. 3. And be it further enacted, That the sheriffs of the counties of Washington, Clark, Monroe, Conecuh, Dallas, Montgomery, Tuskaloosa, Bibb, Jefferson, St. Clair, and Lauderdale, shall be the returning officers for their respective districts, and the sheriffs of the other counties of the districts shall make returns to the returning officers within ten days after the senatorial election. They have further amended said bill, by inserting after the word Tuskaloosa the words "and that part of Pickens, taken from Tuskaloosa."- By inserting after the word "Dallas" the words "and that part of Wilcox taken from Dallas"- By inserting after the word "and" and before "Wilcox" the words "the parts of" and after the word "Wilcox" the words "taken from Monroe,"- And after the word "and" and before the word "Butler" the words" and the parts of" and after the word "Butler" the words "taken from Conecuh." To all of which amendments, the House of Representatives ask the concurrence of your honorable body. The House of Representatives have amended the title of said bill by adding after the word "state" "and to divide the state into senatorial districts."

Mr. Elliott moved that the senate disagree to the first and second amendments of the House of Representatives to said bill, and the question being taken thereupon the ayes and noes being called for, it passed in the affirmative. Ayes 13, Noes 6.

Those who voted in the affirmative are Messrs. Casey, Conner, Chambers, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, Rose, Terrell, Trotter and Ware.

Those who voted in the negative are Messrs. President, Davis, Devereux, Garth, Lucas, and Ringgold.

On motion the senate disagree to the last amendment, to change the title of said bill. On motion of Mr. Elliott the senate concurred in the other amendments to said bill. Ordered that the secretary acquaint the House of Representatives thereof.

A bill to be entitled an act concerning the Cahawba Bridge was read a third time and passed.

A bill to be entitled an act to amend an act entitled an act to provide, for assessing and collecting taxes, and for taking the census of the state, passed the 2d session of the General Assembly on the 22d day December, 1820, was read the first time.

Mr. Chambers 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.


(30)

A bill to be entitled an act authorizing executions, administrators, and guardians to relinquish lands under the act of Congress, passed March 2d, 1821, and for other purposes, was read the first time.

On motion of Mr. Gaines, the rule which requires all bills to be read on three several days was dispensed with, and said bill was read the second time forthwith.

On motion, Ordered, that said bill be read a third time on to-morrow.

A bill to be entitled an act, to amend in part an act to repeal in part and to amend an act entitled an act to regulate the proceedings in the courts of Law and Equity in this State, was read the third time.

And the question being put shall this bill pass, the ayes and nays being called for, it passed in the affirmative. Ayes 10, nays 8.

Those who voted in the affirmative, are Messrs. Casey, Davis, Elliott, Garth, Gause, Hanby, Hogg, Ringgold, Trotter and Ware- 10.

Those who voted in the negative are, Messrs. President, Chambers, Dennis, Devereux, Gaines, Lucas, Rose and Terrell- 8.

Ordered that the Secretary acquaint the House of Representatives thereof.

According to the order of the day the senate resolved itself into a committee of the whole, on a bill to be entitled an act to alter and enlarge the terms of certain circuit and county courts, Mr. Casey in the chair and after sometime 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 with sundry amendments.

Mr. Garth moved that the Senate disagree to the amendment proposed by the committee of the whole in striking out of said bill so much as relates to Madison county.

And the question being taken thereupon, the ayes and noes being called for, it passed in the negative. Ayes 5, Noes 10.

Those who voted in the affirmative are Messrs. Davis, Devereux, Elliott, Garth and Trotter.

Those who voted in the negative are Messrs. President, Conner, Chambers, Dennis, Gaines, Hanby, Hogg, Lucas, Rose and Terrell

On motion, the senate agreed to the other amendments of the committee. Said bill as amended was ordered to be read a third time on to-morrow.

On motion of Mr. Hogg, the senate reconsidered the vote on the bill authorizing Leonard Peck and others, to erect a bridge across the Black Warrior, near the town of Tuskaloosa. On motion of Mr. Hogg, said bill was ordered to lie on the table.

A message from the House of Representatives, by Mr. Creagh.

Mr. President -- The House of Representatives disagree to the amendments made by your honorable body to the bill entitled an act supplementary to an act to organize the militia of the state, passed at Cahawba Dec. 20, 1820, and for other purposes, as follows: to strike out the third section, and they disagree to the section proposed in lieu


(31)

of the same. They have amended the amendment by striking out the word thirty third in the fifth line of the 7th section, and inserted thirty fifth, and stricken it out where it occurs again in the same section and inserted as above, they disagree to the ninth section of the amendment to which they desire your concurrence.

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

Mr. President, the House of Representatives insist on their amendment to the bill entitled an act to apportion the representatives among the several counties in this state according to the late census. And the House of Representatives have appointed Messrs. McKinley, Armstrong of Mobile, Cleveland, Perkins and Cook a committee on their part, to confer with such committee as may be appointed on the part of the senate to accommodate the difference which exists between the two houses on the subject of said bill.

On motion Messrs. Elliott, Casey, and Rose were appointed a committee to confer on the part of the senate.

A bill concerning stay laws and officers fees, was on motion ordered to lie on the table.

The senate then adjourned until to-morrow morning 8 o'clock.