Monday, December 11, 1820.

Mr. Chapman from the committee on enrolled bills: reported that the committee have examined enrolled bills of the following titles, to wit: an act, authorising a lottery for the building a bridge over Clear creek in the Town of Cahawba; an act to amend an act, providing for the determination of suits and controversies by arbitration, passed at Huntsville 13th December, 1818; an act, to amend an act, entitled


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an act, to establish a Bank in the town of Mobile, passed at St. Stephens 20 November, 1818; an act, to authorise Daniel Reid to emancipate certain slaves therein named; an act to authorise Killis Walton to emancipate a negro man named Tom; an act to authorise John N. S. Jones, and Alexander P. Jones, to emancipate certain slaves therein named, and

An act authorising lotteries for the benefit of Alabama Lodge, No. 51, of Ancient Freemasons; Halo Lodge of Cahawba, and Rising Virtue Lodge, No. 30, of Tuskaloosa, which said bills the committee find correctly enrolled.

Mr. Coats obtained leave to introduce a bill to be entitled an act to incorporate the town of Erie, in the county of Greene, which was read a first time and ordered for a second reading on to-morrow.

Mr. McKinley obtained leave to bring in the following bill: A bill to be entitled an act to alter and enlarge the terms of certain circuit courts in this state, which was read a first time and ordered for a second reading on to-morrow.

Mr. McKinley also obtained leave to introduce the following resolution: a resolution to fix the compensation of the members of the General Assembly, which was read a first time, and ordered for a second reading on to-morrow.

Mr. Moore of Madison, from the select committee to whom was referred a bill concurring free negroes and mulattoes, reported the same with sundry amendments thereto, in which the House concurred. On motion Ordered, that the said bill be engrossed, and made the order of the day for a third reading on to-morrow.

Mr. Abercrombie obtained leave to introduce a bill to be entitled an act to authorise the county court of Montgomery county, to levy a tax for county purposes, which was read a first time, and the rule requiring a bill to e read on three different days, being dispensed with, the same was forthwith read a second time, and ordered to be engrossed for a third reading on to-morrow.

Mr. McVay obtained leave to bring in a bill to be entitled an act supplementary to the laws now in force, concerning wills, intestates and guardians, which was read a first time and ordered for a second reading on to-morrow.

Mr. McVay obtained leave to introduce a resolution proposing amendments to the Constitution of this State, which was read a first time. On motion, Ordered, That the same be indefinitely postponed.

Mr. John Brown obtained leave to bring in a bill to be entitled an act, to alter and extend the bounds of Jefferson county, and for other purposes, which was read a first time, and ordered for a second reading on to-morrow.

Mr. John Brown from the select committee to whom was referred the petition of Elijah Lawler, reported the following bill: a bill to be entitled an act, for the relief of Elijah Lawley, which was read a first time, and ordered for a second reading on to-morrow.

Mr. Weedon obtained leave to bring in a bill to be entitled an act, amendatory of an act, entitled an act to regulate patroles and for other purposes, passed at Huntsville 17th December, 1819, which was read a first time, and ordered for a second reading on to-morrow.

Mr. McVay obtained leave to bring in a bill to be entitled an act,


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concerning the appointment of county officers, which was read a first time, and ordered for a second reading on to-morrow.

Mr. Draughon from the committee of roads, bridges and ferries, introduced the following bill: a bill to be entitled an act, to provide for the laying out a great military road from a certain point on the Tennessee River, to a certain point on the thirty-first parallel of North Latitude, and for other purposes therein mentioned which was read a first time, and on motion Ordered, that the said bill be made the order of the day for a second reading on to-morrow.

Mr. Draughon, from the select committee to whom was referred the petition of Noah Dykes, reported the following bill: A bill to be entitled an act permitting Noah Dykes to retail spiritous liquors free of tax, which was read a first time, and ordered for a second reading on to-morrow.

A message from the Senate by Mr. Dick.

Mr. Speaker,- The Senate have passed the following bills to wit:

An act declaring that part of Limestone leading from Mooresville to the Tennessee river a public highway, with amendments; and, an act for the relief of certain lessees of school land in Madison county.

The Senate have concurred in the amendment made by the House of Representatives to the bill entitled an act authorising a lottery for the benefit of Alabama Lodge No. 51, of ancient free masons, and Halo Lodge, of Cahawba, and then he withdrew.

Mr. Murphy presented the petition of Samuel Black praying compensation for public services, which was received, on motion, Ordered, that the said petition be referred to the committee of claims. On motion of Mr. McKinley, the House took up the engrossed bill entitled an act to apportion the Representatives among the several counties of this State, and to divide the State into senatorial districts according to the returns of the late census, which was read a third time and passed, ordered that the title be as aforesaid and the same be sent to the Senate for their concurrence.

Mr. Draughon, obtained leave to bring in a bill to be entitled an act to incorporate the town of Claiborne, which was read a first time, ordered for a second reading on to-morrow.

A message from the acting Governor, by Mr. Rogers.

Gentlemen of the Senate and of the House of Representatives, I transmit to the General Assembly a statement of the sale of one hundred and ninety-one lots in this town, offered to the highest bidder during the second week of last month amounting to the sum of twenty-one thousand seven hundred and twenty-seven dollars, of which five thousand four hundred and thirty-one dollars and seventy-five cents, (being the one fourth part) was received at the time of sale. The expenses of surveying, of sale &c., as appears from the receipt of Willis Roberts, Matthew D. Thompson and Benjamin Clements, were three hundred and seventy-six dollars and seventy-five cents, leaving a balance of five thousand and fifty-five dollars, which had been paid to the State Treasurer, accompanied with a complete return of the lots sold, with the price of each, and the name of the purchaser.

Since my communication of Friday last, it has been made known to me that the following vacancies exist in the county courts, in addition to those stated in the memorandum then furnished you, to wit: In the

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county of Clarke, by the non-acceptation of Samuel B. Shields, and Robertus Love, in the county of Conecuh, by the resignation of Alexander Travis, and in Butler county, by the resignation of James Dunklin and John Cook.

Dec. 11, 1820. (Signed) THOMAS BIBB.

Ordered, that the said communication lie on the table.

The engrossed bill, entitled an act to raise a revenue for the support of government for the year 1821, was read a third time.

Mr. McKinley moved to fill in the blank in the 6th section of said bill, with the words "first day of October." - Decided in the negative.

Mr. Moore of Madison moved to fill it with the first day of August. - lost. Mr. Armstrong of Mobile moved to fill the blank with "first of July," which was decided in the affirmative. 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 for their concurrence.

A bill to be entitled an act to regulate proceedings in suits at common law was read a third time.

Mr. McKinley moved to amend said bill by rider, by inserting these words as an additional section, to follow the 8th section, to wit. after the execution of the recognizance as aforesaid, the lien created by the judgment shall cease, which was agreed to by the House. On motion of Mr. Weedon, the blank in the seventh section was filled with the word thirty. On motion of Mr. Weedon, the blank in the eighth section was filled with the word sixty. On motion of Mr. Perry the blank in the tenth section was filled with the word six. The remaining blanks where then filled, and the said bill passed; ayes 45, nays 5.

The ayes and nays being called for, those who voted in the affirmative are Messrs. Speaker, Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Bigham, Benson, Bailey, Isaac Brown, John Brown, Col. John Brown, Chambers, Chapman, Cleveland, Clay, Creagh, Cook, Coleman, Draughon, Dale, Doxey, Davis, Duke, Edmundson, Evans, Fitzpatrick of Montgomery, Hill, Holderness, Jackson, Leake, McKinley, Moore of Madison, Murphy, Morton, Murrell, Moore of Marion, McVay, Mims, Perry, Perkins, Rather, Shackleford, Sargent, Smoot, Walker, and Weedon, 45. Those who voted in the negative are Messrs, Coats, Fitzpatrick of Autauga, Isbell, McMeans, and Tagert, 5.

Ordered, that the words 'a bill to be entitled' be stricken out, and that the same be sent to the Senate for their concurrence.

A message from the Senate by Mr. Farmer, Mr. Speaker,- the Senate have passed the bill entitled an act to incorporate the Trustees of the Solemn Grove Academy in Monroe county, which originated in your honorable body, they have also passed the following bills: viz, an act to establish and fix on a site for the seat of justice in Wilcox county: and an act for the collection of monies due the State, and for other purposes, to which they desire your concurrence, and then he withdrew.

The bill to be entitled an act concerning writs of error, was read a second time.

Mr. Weedon moved to strike from the third section of said bill these words, after the word unless, to wit: one of the judges of the circuit courts upon the inspection of the transcript of the record shall be of opinion that there is error, and shall so certify to the clerk of the


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court in which judgment shall have been rendered, nor unless the party against whom judgement shall have been rendered, which was decided in the affirmative: ayes 29, nays 19. The ayes and nays being called for, those who voted in the affirmative, are Messrs. Armstrong of Mobile, Armstrong of Conecuh, Benson, Bailey, Isaac Brown, John Brown, Chambers, Chapman, Cleveland, Clay, Coleman, Doxey, Duke, Edmundson, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Hill, Holderness, Leake, Moore of Madison, Morton, Murrell, McMeans, Mims, Perry, Shackleford, Sargent, Vining and Weedon, 29. Those who voted in the negative are Messrs. Speaker, Abercrombie, Bigham, Creagh, Cook, Coats, Draughon, Davis, Evans, Isbell, Jackson, McKinley, Murphy, Moore of Marion, McVay, Perkins, Rather, Tagert, and Walker, 19.

Mr. Weedon moved to fill the blank occasioned thereby, by inserting these words, 'the part applying for such writ of error shall,' which was carried.

Mr. McKinley moved to amend the said section, by striking out the words "judge granting the supersedes," which was carried.

Mr. McKinley moved to fill the blank occasioned thereby with the word "clerk," which was carried.

Mr. McKinley moved to amend the fifth section by inserting these words "or appeal," after the word "error," which was carried.

Mr. Murphy moved to amend the seventh section by striking out the proviso, which was carried.

Mr. Perry moved to amend the eleventh section by adding the following words: Provided, that no damages shall be allowed in any cause in the supreme court, unless the judgment of the court below shall have been superseded, which was carried.

Mr. Perry moved to amend the said section by inserting the words, "or writ of error," between the words "appeal," and "to," which was carried. Ordered, That the said bill be engrossed for its third reading to-morrow.

A bill to be entitled an act, to alter and extend the limits of Autauga county, was read a third time and passed.

Mr. McVay obtained leave to bring in a bill to be entitled an act, supplementary to an act, to establish a public road therein named, passed at Huntsville December 16th, 1819, which was read a first time and ordered to be read a second time to-morrow.

Resolution from the Senate proposing amendments to the Constitution, were read a first time. Mr. Weedon moved that the said resolutions be read a second time on the second Monday in November next, which was lost. Ayes 19, nays 31. The ayes and nays being called for, those who voted in the affirmative, are Messrs. Bigham, Col, John Brown, Chambers, Chapman, Clay, Doxey, Edmundson, Hill, Holderness, Isbell, Leake, McKinley, Moore of Madison, Morton, Perkins, Rather, Vining, Walker and Weedon, 19. Those who voted in the negative, are Messrs. Speaker, Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Benson, Bailey, Isaac Brown, John Bown, Cleveland, Creagh, Cook, Coats, Coleman, Draughon, Dale, Davis, Duke, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Jackson, Murphy, Murrell, McMeans, Moore of Marion, McVay, Perry, Shackleford, Sargent, Smoot, Tagert, 31. Ordered, That the said


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resolutions be read a second time to-morrow. Ordered, That Mr. Smoot have leave of absence for the remainder of the session.

A bill from the Senate to be entitled an act, for the collection of monies due the State, and for other purposes was read a first time. Ordered, That the rule requiring a bill to be read on three different days be dispensed with. The bill was then read a second time, and ordered to be read a third time to-morrow.

A bill from the Senate, to be entitled an act, to establish and fix a site for the seat of justice in Wilcox, was read a first time; and the rule being dispensed with, it was read a second time forthwith. Mr. Murphy moved to amend the said bill by an additional section, fixing the seat of justice for Monroe county at Claiborne, and authorising the county court of said county to levy a tax for building a court house, which was carried. Ordered, That said bill be made the order of the day for its third reading to-morrow. Ordered, That this House recede from their disagreement to the amendment made by the Senate to an act, to repeal an act of the last General Assembly of the State of Alabama, entitled an act, for the encouragement of killing and destroying wolves and panthers. Ordered, That this House do concur in the amendment made by the Senate to the bill entitled an act, declaring that part of Limestone leading from Mooresville to the Tennessee river, a public highway.

A bill to be entitled an act, to incorporate the aqueduct company of Mobile was read a third time. Mr. Murphy moved to fill the blank in the bill with the word "forty," which was carried. The bill was then passed. Ordered, That the words "a bill to be entitled," be stricken out, and the same be sent to the Senate for their concurrence.

A bill to be entitled an act, defining the duties of sheriffs and constables, was a third time. Mr. McKinley moved to fill the first blank with the word "twenty," which was carried. Mr. McKinley moved to fill the second blank with the words "first May," which was carried. The bill was then passed. Ordered, That the words "a bill to be entitled," be stricken out, and the same be sent to the Senate for their concurrence.

An engrossed bill of the following title, to wit: an act to prevent obstructing or diverting from the natural channel, any water course which would otherwise flow through the land of any person, was read a third time and passed. Ordered, That the title be as aforesaid, and that the same be sent to the Senate for their concurrence

Mr. Perkins obtained leave to bring in a bill to be entitled on act, to incorporate the lower part of the town of Tuskaloosa, in the south fraction of section 21, of township 21, in range 10, west of the meridian of Huntsville, which was read a first time, and on motion, Ordered, That the said bill be read a second time to-morrow.

A bill to be entitled an act, to provide for inclosing the public building in the town of Cahawba, and for other purposes, was read a third time. Mr. Walker moved to fill the blank with the words "Secretary of State," which was carried. Mr. Walker moved to fill the next blank with the words "Secretary of State," which was carried. The bill was then passed. Ordered, That the words "a bill to be entitled," be stricken out, and the same be sent to the Senate for their concurrence.


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A bill to be entitled an act, to authorise judges of the circuit court, and justices of the county courts to take acknowledgments of deed and relinquishments of dower, was read a third time and passed. Ordered, That the words "a bill to be entitled," be struck out, and that the same be sent to the Senate for their concurrence.

A resolution concerning the digesting of the laws of Alabama, was read a second time. Ordered, That the same be indefinitely postponed.

A bill to be entitled an act, to amend an act, entitled an act for the government of the town of Cahawba, passed at Huntsville December 3, 1819, 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.

A bill to be entitled an act to regulate the compensation of the members of the General Assembly, was read a second time. On motion of Mr. Murphy, Ordered that said bill be indefinitely postponed. Ayes 29, Nays 20. The yeas and nays being called for, those who voted in the affirmative are Mr. Speaker, Messrs. Abercrombie, Armstrong of Mobile, Isaac Brown, John Brown, Col. John Brown, Cleveland, Creagh, Cook, Coats, Coleman, Draughon, Dale, Doxey, Davis, Duke, Edmundson, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Isbell, Murphy, Morton, McMeans, Moore of Marion, Mims, Perkins, Sargent, and Tagert, 29. Those who voted in the negative, are Messrs. Armstrong of Conecuh, Benson, Bailey, Chambers, Chapman, Clay, Hill, Holderness, Jackson, Leake, McKinley, Moore of Madison, Murrell, McVay, Perry, Rather, Shackleford, Vining, Walker and Weedon, 26.

Mr. John Brown obtained leave to introduce a bill to be entitled an act to incorporate the town of Elyton, in the county of Jefferson, which was read a first time. Ordered, that the said bill be referred to a select committee; whereupon Messrs. John Brown, Isaac Brown, and Col, John Brown were appointed the said committee. And then the House adjourned till to-morrow at 9 o'clock.