SATURDAY, June 9, 1821.

The senate met pursuant to adjournment.

A bill to be entitled an act to alter and amend the militia law of this state, was read the second time. On motion of Mr. Chambers, said bill was referred to a select committee. Whereupon Messrs. Chambers, Hogg and Elliott, were appointed.

On motion of Mr. Elliott the rule which requires previous notice for leave to introduce a bill was dispensed with.

Mr. Elliott had then leave to bring in a bill to be entitled an act to amend the laws not in force in relation to the public revenue, which 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, and said bill was read a second time forthwith. Mr. Terrell moved to amend said bill by adding the following, to wit: And be it further enacted, that no bank bills shall be received into the treasury from the tax collectors of this state, but such as are required by law to be collected from the people. And the question being put thereon, it passed in the affirmative. On motion of Mr. Casey, said bill as amended was ordered to lie on the table.

A message from the House of Representatives by Messrs. Holderness and McMeans.

Mr. President and Gentlemen of the Senate- I am instructed to inform your honorable body, that the House of Representatives have passed a bill to be entitled an act to alter and enlarge the terms of certain circuit courts: which was read the first time. On motion ordered that said bill be read a second time on Monday next.

A bill to be entitled an act to repeal the second section of an act passed the 20th Dec. 1820, to establish certain election precincts therein named and for other purposes, was read a second time. On motion said bill was ordered to be read the third time on Monday next.

A bill to be entitled an act to prescribe the manner of taking depositions was read the second time. On motion of Mr. Elliot, said bill was indefinitely postponed.

Mr. Chambers from the select committee to whom was referred the bill to alter and amend the militia law of this state, reported an amendment thereto, by striking out the third section. On motion of Mr.


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Chambers, said bill with the report was ordered to lie on the table.

Mr. Farmer agreeably to notice, asked and obtained leave to bring in a bill concerning stay laws and officers fees; which 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 a second time, and on motion, committed to a committee of the whole and made the order of the day on Monday next.

On motion of Mr. Elliot, so much of the Governor's message as relates to William Terry civil engineer for the State of Alabama, was referred to a select committee consisting of Messrs. Elliott, Ringgold Rose.

Mr. Chambers introduced the following joint resolution:

Resolved, By the Senate and House of Representatives, of the State of Alabama, in General Assembly convened, That whereas the General Assembly have been convened, to act upon certain important considerations and whereas those objects seem to have been nearly concluded it is therefore deemed expedient that the General Assembly adjourn sine die on Wednesday next.

Which has read the first time and Mr. Chambers moved that the rule which requires all bills and joint resolutions to be read three several days be dispensed with and that said resolution be read a second time forthwith.

Said resolution was then read a second time.

Mr. Chambers moved that the rule which requires all bills and joint resolutions to be read on three several days be dispensed with and that said joint resolution be considered as engrossed and read the third time.

Said resolution was read the third time and passed.

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

Mr. Garth moved the following resolution which was adopted.

Resolved, that a committee be appointed to take into consideration the expense in relation to the compensation allowed to members attending courts martial for deciding contested elections and arrested officers, and that they have leave to report by bill or otherwise.

Whereupon Messrs. Garth, Chambers, and Elliott, were appointed.

Mr. Terrel from the select committee to whom was referred the petition of John B. Sevan, of Jackson county praying to be released from his forfeiture on recognizance for his failing to appear at Jackson circuit court; reported that the remedy afforded by law invested in the court having jurisdiction of the question, and the petition is considered as premature, and on motion the senate concurred in the said report.

Ordered that the petitioner have leave to withdraw his petition.


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On motion of Mr. Chambers the senate resumed the consideration of the bill to be entitled an act to alter and amend the militia law of this state.

Mr. Garth moved the adoption of the following section in lieu of the third section.

Sec. 3d. And be it further enacted, That when any court martial is detailed in the manner designated by law and the officer or persons when trial may be ordered to proceed before such court, shall be apprehensive that justice will not be done, in consequence of prejudices existing against him or in consequence of a supposed bias existing in the minds of any of the court in favour of the person interested or the person making the arrest or in favour of either part in a contested election, and oath thereof being made and presented to the court with the consent of a majority of the members of said court, shall direct the officer objected against to withdraw. Which was read and adopted.

Mr. Casey moved to amend said amendment in the third line, and insert the word "officers" in lieu thereof. And the question being taken thereon, it was passed in the affirmative.

Mr. Elliott moved to amend said amendment further by striking out the word "when" in the same line, and insert in lieu thereof the word "whose." And the question being taken thereon, it passed in the affirmative.

Mr. Garth moved to add the following additional sections to the bill: Sec. 7. And be it further enacted, That the first regiment shall be divided by the Brigadier General commanding the brigade; and the regiment when divided shall compose a part of the first brigade; the additional regiment shall be the thirty third regiment: the eastern regiment of Jackson shall be the first, and the western regiment shall be the thirty third regiment of the militia of this state: and the Brigadier General shall issue writs of election to officer the regiment as in cases provided for by law.

Sec. 8. And be it further enacted, That nothing in this act to which this is an amendment, shall be so construed as to prevent the organizing and establishing the volunteer company of light infantry called and stiled the Independent Blues of the town of Huntsville, raised by Capt. J. R. Dunn. and it is hereby made lawful for the Executive to cause commissions to issue to the different persons who have been elected as officers in said company: and the same shall constitute a part of the third regiment, and be subject to all the rules and regulations as provided by the existing laws. Which was read and adopted.

On motion of Mr. Davis the further consideration of said bill was postponed until Monday next.

A message from the House of Representatives by Messrs. Perkins and Leake: Mr. President, the House of Representatives have passed a bill to be entitled an act to authorize Leonard Peck and others to erect a toll bridge across the Black Warrior near the town of Tuscaloosa. And,


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A bill to be entitled an act to repeal in part, and amend an act entitled an act to regulate the proceedings in courts of law and equity in this state.

A message from the House of Representatives by Mr. Morton: Mr. President, the House of Representatives have passed a bill to be entitled an act concerning executions and for other purposes. 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.

On motion of Mr. Elliott the senate resolved itself into a committee of the whole on said bill. Mr. Casey in the chair, and after some time 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 bill with an amendment. Which amendment was concurred in by the senate.

On motion of Mr. Davis, said bill was ordered to be read a third time on Monday next.

Message from the House of Representatives by Mr. Perry: Mr. President, the House of Representatives have passed a bill to be entitled an act authorizing licensed ministers of the Gospel to solemnize the rites of matrimony, which originated in the senate.

And a bill to be entitled an act concerning the Cahawba Bridge to which they desire your concurrence.

Mr. Gause from the committee on enrolled bills reported that the committee had examined the following bill and resolution and found the same duly enrolled, to wit: An act to amend an act entitled an act to establish a bank in the town of Mobile, passed at St. Stephens the 20th Nov. 1818. A resolution authorizing the Comptroller to collect a sum of money therein named.-- Which bill and resolution were signed by the President.

The senate adjourned until Monday morning at 8 o'clock.