FRIDAY, June 8, 1821.

The senate met pursuant to adjournment.

Mr. Joseph Farmer, senator from Lauderdale county appeared and took his seat.

On motion of Mr. Chambers, Mr. Farmer had leave granted him to record his name as voting in the negative on the question of making an additional section by way of rider on the senate's bill to apportion the representatives among the several counties, according to the late census.

On motion of Mr. Gause, the senate resumed the consideration of the bill from the House of Representatives, entitled an act to apportion the representatives among the several counties in this state into senatorial districts according to the returns of the last census.

On motion of Mr. Elliott, said bill was indefinitely postponed.


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The bill for the relief of the master builders and mechanics of the city of Mobile, was read the third time and passed. Ordered that the title of said bill be, "an act for the relief of the master builders and mechanics of the city of Mobile in the state of Alabama." Ordered that the secretary acquaint the House of Representatives thereof.

The engrossed bill entitled an act amendatory of the laws now in force for the relief of insolvent debtors was read the third time and passed. Ordered, that the title of said bill be "an act amendatory of the laws now in force for the relief of insolvent debtors."

The joint resolution authorizing the Comptroller to collect a sum of money therein mentioned, was read the third time and passed.

The bill from the House of Representatives entitled an act to amend an act to establish a bank in the town of Mobile, passed at St. Stephens 20th, November 1818, was read a third time and passed. Ordered that the Secretary acquaint the house of Representatives thereof.

The engrossed bill to be entitled an act to alter and amend a part of the first section of an act entitled an act to provide for fixing the site for the permanent seat of Justice in the county of Marengo, was read the third time and passed.

On motion of Mr. Ringgold, Ordered, that the title of said bill be altered to an act amendatory of certain acts, and to establish certain election precincts therein mentioned. Ordered, that the Secretary acquaint the House of Representatives thereof.

A message from the House of Representatives by Messrs. Tagert and Bigham.

Mr. President, The House of Representatives have passed the following bills, to which they ask the concurrence of your honorable body: to wit:

An Act to reduce and fix the pay of the members of the General Assembly.

An Act to repeal the second section of an act passed the 20th of December, 1820, to establish certain election precincts therein named, and for other purposes.

An act to alter and amend the Militia Law of this State.

An Act to authorize Malcom Gilchrist to build a mill on the Muscle Shoals, and an act to prescribe the manner of taking depositions.

The bill to be entitled an act authorizing Ministers of the Gospel to solemnize the rites of matrimony, was read the second time.

Mr. Ringgold moved to strike out the first section of said bill, the question being taken, and the ayes and nays called for, it passed in the negative. Ayes 6, Nays 14.

Those who voted in the affirmative, are Messrs. Dennis, Hogg, Lucas, Ringgold, Rose and Ware. Those who voted in the negative are Mr. President, Messrs. Casey, Conner, Chambers, Davis, Devereux, Elliott, Farmer, Garth, Gause, Gaines, Hanby, Terrell and Trotter.

Mr. Elliott moved to amend said bill by adding to the first section thereof the following proviso: Provided that each minister shall


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previously comply with the requisitions of the law in such cases made and provided; which was read and adopted. On motion said bill was engrossed forthwith. On motion of Mr. Garth, the rule which requires all bills to be read on three several days, was dispensed with and said engrossed bill was then read the third time and passed.

Ordered, that the title of said bill be an act authorizing ministers of the gospel to solemnize the rights of matrimony.

Ordered, that the secretary acquaint the House of Representatives thereof.

A bill to be entitled an act to change the name of the town of Ococoposo, was read the second time.

On motion of Mr. Lucas the rule which requires all bills to be read on three several days was dispensed with, and said bill was ordered to be engrossed for a third reading in the evening.

The bill entitled an act to alter the boundaries of certain counties therein mentioned, was on motion of Mr. Casey postponed until the first Monday of November next.

Mr. Chambers moved the adoption of the following resolution:

Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, that from and after the adoption of this resolution it shall not be lawful for any justice of the peace to enter judgment against any person residing out of his county, beat or district, in which said justice shall reside: which was read the first time.

Mr. Chambers moved that said resolution be read the second time on to morrow. And on the question being taken thereon, the yeas and noes being called for, it passed in the negative. Ayes 9, Noes 10.

Those who voted in the affirmative are Messrs. Conner, Chambers, Dennis, Devereux, Farmer, Hogg, Lucas, Rose, and Terrell.

Those who voted in the negative are Messrs. President, Casey, Davis, Elliot, Garth, Gause, Gaines, Hanby, Trotter and Ware.

According to the order of the day the senate resolved itself into a committee of the whole on the bill to be entitled an act to reduce the expences of the General Assembly, Mr. Farmer in the chair, and after sometime spent therein, the committee rose, Mr. President resumed the chair, and Mr. Farmer reported that the committee of the whole had, according to order, had said bill under consideration, and had made sundry amendments thereto, in which they desire the concurrence of the senate.

Mr. Rose moved that the senate concur in the first amendment of the committee of the whole in filling the blank with three dollars, the per diem pay of the members of the General Assembly. And the question being taken thereon, the ayes and noes being called for, it passed in the affirmative. Ayes 12, Noes 7.

Those who voted in the affirmative are Messrs. Casey, Conner, Chambers, Davis, Dennis, Devereux, Elliott, Garth, Hanby, Hogg, Rose and Ware.


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Those who voted in the negative, are Messrs. President, Farmer, Gause, Lucas, Ringgold, Terrell and Trotter.

Mr. Rose moved that the senate concur in the amendment of the committee, fixing the Governor's salary at two thousand dollars, and the question being taken thereon and the yeas and nays being called for, it passed in the affirmative. Ayes 19, Noes 0.

Those who voted in the affirmative are Messrs. President, Casey, Conner, Chambers, Davis, Dennis, Devereux, Elliott, Farmer, Garth, Gaines, Hanby, Hogg, Lucas, Ringgold, Rose, Terrell, Trotter and Ware.

Mr. Rose moved that the senate concur in the amendment by the committee in fixing the salary of the attorney general at three hundred dollars. And the question being taken thereon, the ayes and noes being called for, it passed in the affirmative. Ayes 13, Noes 6.

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

Those who voted in the negative are Messrs. Casey, Davis, Elliott, Garth, Ringgold and Trotter.

Mr. Rose moved that the senate concur in the report of the committee in fixing the salary of the solicitors at one hundred and fifty dollars each. And the question being taken thereon, & 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, Conner, Chambers, Dennis, Devereux, Farmer, Gaines, Hanby, Hogg, Lucas, Rose, Terrell and Ware.

Those who voted in the negative are Messrs. Davis, Elliott, Garth, Ringgold and Trotter.

Mr. Rose moved that the senate disagree to the amendment of the committee in striking out that part of the bill relating to the Judges of the circuit court. And the question being taken thereon, and the ayes and noes being called for, it passed in the negative. Ayes 7. Noes 12.

Those who voted in the affirmative are Messrs. President, Dennis, Gaines, Hanby, Lucas, Rose and Ware.

Those who voted in the negative are Messrs. Casey, Conner, Chambers, Davis, Devereux, Elliott, Farmer, Garth, Hogg, Ringgold, Terrell and Trotter.

Mr. Rose moved that the senate disagree to the amendment of the committee in striking out so much of the bill as relates to the treasurer of the state. And the question being taken thereon, the ayes and noes being called for, it passed in the negative. Ayes 6. Noes 16.

Those who voted in the affirmative are Messrs. President, Conner, Dennis, Devereux, Hanby, Hogg, Lucas, and Rose.

Those who voted in the negative are Messrs. Chambers, Davis, Elliott, Farmer, Garth, Gaines, Ringgold, Terrel, Trotter, and Ware.

Mr. Rose moved, that the Senate concur in the amendment of the committee of the whole in striking out so much of the bill as relates to the Secretary and Comptroller.


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And the question being put it passed in the affirmative.

Mr. Rose moved that the Senate re-consider the vote on concurring in the amendment of the committee of the whole, fixing the per diem pay of the members of the General Assembly at three dollars. And the question being taken thereon, it was decided in the affirmative.

Mr. Ringgold then moved that the Senate disagree to said amendment for the purpose of inserting four dollars. And the question being taken thereon, and the yeas and nays called for it passed in the negative. Ayes 8, nays 10.

Those who voted in the affirmative are Messrs. President, Davis, Farmer, Gaines, Lucas, Ringgold, Terrel and Trotter.

Those who voted in the negative are Messrs. Conner, Chambers, Dennis, Devereux, Elliott, Garth, Hanby, Hogg, Rose and Ware.

On motion of Mr. Rose the Senate concurred in the other amendments made by the committee of the whole on the bill.

On motion of Mr. Elliott the rule which requires all bills to be read on three several days was dispensed with, said bill was then ordered to be engrossed for a third reading to day.

A bill from the House of Representatives entitled an act to reduce and fix the pay of the members of the General Assembly was read the first time.

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

On motion said bill was committed to a committee of the whole and made the order of the day in the afternoon.

A bill from the House of Representatives to be entitled an act to repeal the second section of an act passed the 20th December 1820, to establish certain election precincts therein named and for other purposes was read the first time, and ordered to be read the second time on to-morrow.

A bill from the House of Representatives entitled an act to authorize Malcolm Gilchrist to build a mill on the muscle shoals on Tennessee river was read the first time.

Mr. Garth 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.

Mr. Garth moved that the rule which requires all bills to be read on three several days be again dispensed with and that said bill be read a third time forthwith.

Said bill was then read a third time and passed,

Ordered that the Secretary acquaint the House of Representatives thereof.

A bill from the House of Representatives entitled an act to prescribe the manner of taking depositions was read the first time, and Ordered to be read the second time on to morrow.


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A bill from the House of Representatives, entitled an act to amend the militia law of this State was read the first time and ordered to be read a second time on to morrow.

The engrossed bill to be entitled an act to reduce the expenses of the General Assembly was read the third time.

Mr. Casey moved to amend said bill by an additional section by way of rider as follows:

Sec. 4. And be it further enacted, That the Sheriff of Dallas county shall be entitled to, and receive out of the public Treasury in full compensation for his services three dollars per day for attending the court of error and appeals: also such sums as the court may allow for the rent of the house for the use of said court, to be paid by the Treasurer on the certificate of the clerk of said court.

And on the question being put, said amendment was adopted.

Said bill was then read as amended and passed.

On motion said bill was altered and amended from a bill to an act to reduce the expenses of the General Assembly and for other purposes.

Ordered that the Secretary acquaint the House of Representatives thereof.

The Engrossed bill entitled an act to change the name of the town of Ococoposo, and the time of holding town elections was read the third time.

Mr. Garth moved to amend said bill by two additional sections by way of rider, as follows.

Sec. 3. And be it further enacted, That from and after the passage of this act the county of Cotaco shall be known and called by the name of Morgan; and all rights, actions, prosecutions, claims, and contracts of individuals, as well as bodies corporate, shall continue as if no change in the name of the county of Cotaco had taken place, and all process running in the name of Cotaco county shall hereafter run in the name of the county of Morgan.

Sec. 4. And be it further enacted, That all officers both civil and military, holding commissioners or appointments in the said county of Cotaco shall continue the same in the county of Morgan, during their legal or constitutional period; and all laws and parts of laws relating to the county of Cotaco, shall be construed to relate to the county of Morgan; which amendment was adopted. Said bill as amended was again read and passed. On motion, said bill was altered and amended from a bill to an act to change the name of the town of Ococoposa and for other purposes. Ordered, that the secretary acquaint the House of Representatives thereof.

The bill from the House of Representatives entitled an act to reduce and fix the pay of the members of the General Assembly, was on motion of Mr. Casey, ordered to lie on the table.

The engrossed bill entitled an act authorizing licensed ministers of the gospel to solemnize the rites of matrimony was read the third tie and passed. Ordered, that the title of said bill be, an act authorising


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licensed ministers of the gospel to solemnize the rites of matrimony.

Mr. Farmer gave notice, that he would on to-morrow ask leave to bring in a bill to be entitled an act explanatory of stays of executions and the fees of certain officers.

On motion of Mr. Elliott, the following resolution was adopted:

Resolved by the senate, that with the concurrence of the House of Representatives, both houses will proceed on Saturday next, at 12 o'clock A.M. to fill such vacancies in office as may have occurred since the last session of the General Assembly of the state of Alabama.

Ordered, that the secretary acquaint the House of Representatives thereof.

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