Saturday, December 16, 1820.

A message from the Senate by Mr. Farmer. Mr. Speaker,- The Senate insist on the amendment made by them to the bill entitled an act to organise the militia of this state, by striking out the word 'not' at the end of the fourth section, where it reads in these words "shall not be vacated thereby." They recede from their amendment to the 53d section of said bill, where it was proposed to annex a proviso. They also recede from their amendment to the bill entitled an act to raise a venue for the support of government, for the year 1821, in the eleventh line of the third section. They concur in the amendments made by your honorable body to the bill entitled an act to establish and fix on a site for the seat of Justice in Wilcox county. They concur also in the amendments made to the bill entitled an act defining the boundaries of Marion county and for other purposes; and to the bill entitled an act to alter and extend the boundaries of the county of Baldwin and for other purposes. They insist on their amendments to the 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, by striking out the second section and so much of the title as reads in these words, "and to divide the state into senatorial districts, according to the returns of the late census," And they concur in the amendment made to the bill entitled an act to fix the seats of justice permanently in the counties of St. Clair and Perry, and for other purposes, by adding an additional section thereto. I have further to inform your honorable body that the senate have read the third time and passed the following bills to wit, An act to fix the seat of justice in the county of Lauderdale: and an act to prevent obstructing or diverting from the natural channel any water course which would otherwise flow through the land of any persons, both of which bills originated in your honorable body, and then he withdrew. And the said communication being read, Mr. Rather moved that the House recede from their disagreement to the amendment made by the Senate to the fourth section of the bill to organise the militia of this State, in striking therefrom the word "not," where it reads "shall not be vacated thereby," which was decided in the negative, ayes 9, nays 29. The ayes and nays being called for, those who voted in the affirmative, are Messrs. Bigham, Bailey, Coleman, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Rather, Sargent, Vining and Weedon, 9. Those who voted in the negative, are Messrs, Speaker, Abercrombie, Armstrong of Conecuh, Benson, Isaac Brown, John Brown, Col. John Brown, Chambers, Clay, Creagh, Cook, Coats, Doxey, Davis, Duke, Edmundson, Hill, Holderness, Leake, McKinley, Moore of Madison, Murrell, Moore of Marion, McVay, Perry, Perkins, Shackleford, Tagert and Walker.

Mr. McKinley moved that this House adhere to the disagreement to the amendment made by the Senate, in striking out the second section of the bill to apportion the representatives among the several counties of this State, and to divide the State into senatorial districts


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according to the returns of the late census, which was agreed to by the House. Ordered, That the Senate be informed thereof.

A bill to be entitled an act to alter and enlarge the terms of certain circuit courts in this State, was read a second time. Mr. Perkins moved to amend the first section of said bill by adding thereto the following "in the county of Pickens, on the sixth Monday after the fourth Monday in March; and on the 5th Monday after the third Monday in October, which county is hereby added to and made a part of the fourth judicial circuit of this State." which was adopted. On motion of Mr. Perry, the following additional section was added to said bill: Sec. 2. And be further enacted, That the circuit court in the county of Montgomery shall be held on the second Mondays in February and August, in the county of Autauga, on the third Mondays in February and August, in the county of Dallas, on the fourth Mondays in February and August, and may be in session two weeks, in the county of Wilcox, on the second Mondays in March and September, in the county of Butler on the third Mondays in March and September; in the county of Henry on the fourth Mondays in March and September.

On motion of Mr. Murphy, the following additional section was adopted, to wit: Sec. 3. And be it further enacted, That the circuit courts in the county of Conecuh shall hereafter be held on the third Mondays in March and September, in the county of Monroe on the fourth Mondays in March and September, and may continue two weeks, in the county of Clark on the second Mondays in April and October, and may be held two weeks, in the county of Washington, on the fourth Mondays in April and October, and may continue two weeks, in the county of Baldwin on the second Mondays in May and November, and in the county of Mobile on the third Mondays in May and November. Mr. McKinley moved to amend the said bill by adding the following section: and be it further enacted, That from and after the passage of this act, the terms of the supreme court shall commence on the          Mondays in June and December, in each and every year; and it shall not be the duty of the judges of the circuit courts to alternate or exchange circuits, except when directed by the constitution or by the supreme court. Mr. Perry moved to amend the amendment by striking out all after the word "year," which was decided in the affirmative, ayes 19, nays 17. The yeas and nays being called for, those who voted in the affirmative, are Messrs. Speaker, Abercrombie, Armstrong of Conecuh, Benson, Isaac Brown, John Brown, Coats, Coleman, Evans, Murphy, Murrell, McMeans, Moore of Marion, McVay, Perry, Perkins, Rather, Sargent, Tagert, Vining, 20. Those who voted in the negative are Messrs. Bailey, Bigham, Clay Creagh, Cook, Doxey, Davis, Edmundson, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Hill, Holderness, Leake, McKinley, Moore of Madison, Mims, Walker and Weedon, 18.

The amendment thus amended, was then adopted. Mr. McKinley moved further to amend said bill by adding the following section, to wit : And be it further enacted, that all process now or hereafter made returnable to any of said courts, at the first terms thereof, by the present law, shall be returned to the first terms of said courts as changed by this act, and shall be proceeded on as though made returnable thereto: which was carried. Mr. McKinley moved further


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to amend the said bill, by adding the following section: And be it further enacted, that all laws or parts of laws contravening the provisions of this act, be and the same is hereby repealed. Ordered, that the said bill be engrossed, and made the order of the day for its third reading on Monday next.

Message from the Senate by Mr. Williams: Mr. Speaker, The Senate have read the third time and passed the following bills originating in your honorable body, to wit: an act to amend an act entitled an act for the government of the town of Cahawba, passed at Huntsville, December 3d, 1819; an act for the relief of securities; and, an act to establish a State University-- which bill they have amended by striking out the second section; in which they desire the concurrence of your honorable body.

An engrossed bill of the following title, to wit: an act to establish certain election precincts therein named, and for other purposes, was read a third time and passed. Ordered, that the title be as aforesaid.

A bill to be entitled an act to authorize Green K. Hubbard to sell the certificate of a quarter section of land therein named, was read a second time. Mr. Evans moved to amend said bill by an additional section, authorizing Stephen C. Richardson, and Sarah T. Richardson, to sell the lands of the late Burtus Howard, which was decided in the affirmative. The rule being dispensed with, the bill was by order of the House, read a third time by its title and passed. Ordered, that the words "a bill to be entitled": be stricken out.

A bill to be entitled an act to prevent fire-hunting was read a second time. Mr. Abercrombie moved that the further consideration of the said bill be postponed till the first Monday in November next; lost -ayes 18- nays 19. The ayes and nays being called for, those who voted in the affirmative, are, Messrs. Abercrombie, Armstrong of Conecuh, Isaac Brown, John Brown, Col. John Brown, Creagh, Cook, Coats, Dale, Davs, Evans, Fitzpatrick of Montgomery, Moore of Madison, Murphy, Murrell, Moore of Marion, Sargent and Tagert- 18. Those who voted in the negative, are, Mr. Speaker, Bigham, Benson, Bailey, Clay, Coleman, Duke, Edmundson, Fitzpatrick of Autauga, Hill, Holderness, Leake, McMeans, McVay, Perry, Rather, Vining, Walker and Weedon- 19. Mr. Coats moved to amend the said bill by striking out all after the word "convicted" which was carried. Ordered, that the said bill be engrossed and made the order of the day for its third reading on Monday next.

Mr. Perkins moved that the House disagree to the amendment made by the Senate in striking out the second section of the bill to be entitled an act to apportion the Representatives among the several counties of the state and to divide the state into Senatorial districts, according to the returns of the late census; which was decided in the affirmative.

Ordered, that Messrs. Chambers, Chapman and Weedon have leave of absence the remainder of the session.

A bill to be entitled an act to make appropriations for the year one thousand eight hundred and twenty-one, and for other purposes therein mentioned, was then taken up and amended, and ordered to lie on the table.

A message from the Governor, by Mr. Rogers, Mr. Speaker- I am instructed by the acting Governor, to inform you, that he did on the


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15th inst. approve and sign, an act making it the duty of the comptroller to issue printed warrants : and, 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, which originated in this honorable body.

Mr. Weedon one of the Representatives from Madison county, enters his protest, and assigns the reason which influences his vote against the resolution authorising an appropriation for issuing Treasury warrants.

At an early period of the session of this General Assembly, it was deemed inexpedient to pass an act having for its object the issuing Treasury notes, intended for the public convenience; and believing as I do, that the appropriation for issuing comptroller's warrants, will be more for the convenience of the members of this General Assembly, than the public good, for these reasons, I voted & protest against it.

The House resolved itself into a committee of the whole on the resolution authorising the payment of Daniel Rather; and after some time spent in the consideration thereof, the Speaker resumed the chair, and Mr. Perkins reported the resolution with amendments in which the House concurred, the rule being dispensed with, the resolution was read a third time and passed.

A bill for the relief of the tax collector of Lauderdale and for other purposes, was read a third time.

Mr. Bigham moved to amend the said bill by an additional section, by way of rider, for the relief of the tax collectors of Franklin and Lawrence counties, which was adopted.

The bill was then passed, on motion of Mr. Murphy, Resolved, that the Speaker of this House be requested to employ one or more additional assistant clerks, as he may find necessary, during the remainder of this session.

An engrossed bill of the following title, to wit: an act to incorporate the Indian creek Navigation company was taken up, and the blanks being filled, it was passed: Ordered, that the title be as aforesaid.

A message from the Senate by Mr. Farmer, Mr. Speaker,- The Senate have read a third time and passed, an act amendatory to an act passed by the Legislature of Alabama, at Huntsville Dec. 16, 1819, entitled an act to establish a public road therein named, in which they desire your concurrence. They have also read a third time and passed a resolution appointing commissioners to review and mark out a road from the military crossings of the Buttahachee to the falls of Tuskaloosa, in which they also desire your concurrence.

The House resolved itself into a committee of the whole House on the bill to be entitled an act for the selecting and drawing grand and petit jurors, and after some time spent in the consideration thereof, Mr. Walker reported the same with amendments in which the House concurred.

Mr. Perry moved to amend said bill by striking out the seventh section and inserting the following in lieu thereof, section 7, and be it further enacted, that hereafter there shall be no jurors drawn for the county court, but in all cases wherein a jury shall be necessary, the court, shall have the power to order the sheriff to summon the same from the bye-standers, which was agreed to by the House.


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Mr. McVay moved to postpone said bill till the fourth Monday in October, which was decided in the negative. Ordered, that the said bill be engrossed, and be made the order of the day of Monday next.

A message from the senate by Mr. Dick, Mr. Speaker, the senate recede from their amendment to the 4th section of the bill to organize the militia of this state, in striking out the word 'not' where it occurs in these words 'shall not be vacated thereby'- and then he withdrew.

Mr. Benson from the committee on enrolled bills, reported that the committee have examined the following bills, to wit: an act to alter and extend the boundaries of the county of Baldwin and for other purposes; and, An act to prevent obstructing or diverting from the natural channel any water course, which would otherwise flow through the land of any person- and find the same correctly enrolled.

Ordered, that Messrs. Fitzpatrick of Montgomery and Fitzpatrick of Autauga, have leave of absence for the remainder of the session.

A message of the senate by Mr. Williams, their secretary- Mr. Speaker, the senate have read the third time and passed a bill entitled an act to incorporate the town of Erie, in the county of Greene, which originated in your honorable body: they have also passed a bill entitled an act to authorise the Governor to sell lots on the public lands east of Alabama River, and opposite the town of Cahawba: and a resolution appointing commissioners to review and mark out a road from the military crossing of Buttahachee to the Falls of Tuskaloosa, to both which they desire your concurrence- and then withdrew.

Another message from the senate, by Mr. Dick- Mr. Speaker, the senate have instructed me to inform your honorable body, that they will be ready at the hour of 7 o'clock this evening to enter into the election of justices of the county courts, for such counties in which the same may be vacated. Ordered that the senate be informed that this house will be ready to receive the senate at the hour aforesaid for the purpose of proceeding to said elections.

A message from the senate by Mr. Farmer- Mr. Speaker, the senate have passed the following bills, originating in your honorable body, to wit: An act to amend an act entitled an act for the government of the town of Cahawba, passed at Huntsville, Dec. 3, 1819. An act for the relief of securities, and an act to establish a State University, which bill they have amended by striking out the second section, in which they desire the concurrence of your honorable body. A bill to be entitled an act to authorise the county court of Montgomery county, to levy a tax for county purposes, 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. A resolution authorising the payment of Chapley R. Wellborn, was read a third time and passed. Ordered that the same be sent to the senate for their concurrence. The House resolved itself into a committee of the whole, on the bill to be entitled an act concerning strays, and after some time spent in the consideration thereof, the Speaker resumed the chair, and Mr. McVay reported the same with amendments, in which the House concurred.

Mr. McKinley moved that said bill be engrossed and be made the order of the day for its third reading on the first Monday of November next, decided in the negative. Mr. Tagert moved to amend the said bill by inserting after the word "same," in the 6th section, this


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proviso: Provided nevertheless, That should the owner apply in five years he shall receive the full amount of such appraised stray, one half from the taker-up, and the other half from the county after paying all reasonable expences. Mr. McKinley moved to amend the amendment so as to prevent the sale of strays before the expiration of five years after taking them up, which was lost. The question then recurred on Mr. Tagert's amendment, which was concurred by the House, Ordered, That said bill be engrossed for a third reading on Monday.

Mr. Morton from the committee on enrolled bills, reported that the committee had examined bills of the following titles, to wit: an act, to amend an act, entitled an act, for the government of the town of Cahawba, passed at Huntsville, December 3, 1819; and an act, for the relief of securities, and find the same correctly enrolled

Mr. Walker from the committee of accounts presented the accounts of the door-keepers of the Senate and House of Representatives for stationary, fuel, &c. &c. furnished the General Assembly. Ordered, That the same be referred to a select committee, to wit: Messrs. Walker, Perkins, and Cook.

A bill to be entitled an act, to legalize registering certain deeds or conveyances of land in this State, was read a second time, and the rule being dispensed with, was read a third time forthwith and passed. Ordered, That the title be as aforesaid, and that the same be sent to the Senate for their concurrence.

A bill to be entitled an act, for the relief of Elijah Lawler, was read a second time and the rule being dispensed with, it was read a third time forthwith, and passed. Ordered, That the words "a bill to be entitled," be stricken out, and the said bill be sent to the Senate for their concurrence.

A bill to be entitled an act, to prevent the evil practice of billiard playing in this State, was read a third time. Mr. Fitzpatrick of Autauga moved to postpone the further consideration of the said bill, till the first Monday in March next, lost.

Ayes 19, nays 19. The yeas and nays being called for, those who voted in the affirmative, are Messrs. Speaker, Abercrombie, Isaac Brown, John Brown, Col. John Brown, Creagh, Cook, Dale, Davis, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Leake, Moore of Madison, Murrell, McMeans, Moore of Marion, Perry, Perkins, 19. Those who voted in the negative, are Messrs. Armstrong of Conecuh, Bigham, Benson, Bailey, Clay, Coats, Doxey, Duke, Edmundson, Hill, Holderness, McKinley, Morton, McVay, Shackleford, Sargent, Tagert, Vining and Walker, 19.

Mr. Morton moved to fill the first blank with the word "one," which was decided in the negative. Mr. Moore of Madison moved that the said bill lie on the table, lost. Ayes 19, nays 19.

The yeas and nays being called for, those who voted in the affirmative, are Messrs. Speaker, Abercrombie, Isaac Brown, John Brown, Col. John Brown, Creagh, Cook, Dale, Davis, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Leake, Moore of Madison, Murrell, McMeans, Moore of Marion, Perry, Perkins. 19.

Those who voted in the negative, are Messrs. Armstrong of Conecuh, Bigham, Benson, Bailey, Clay, Coats, Doxey, Duke, Edmundson, Hill, Holderness, McKinley, Morton, McVay, Shackleford, Sargent, Tagert, Vining, Walker. 19.

Mr. Morton moved to fill the said blank with the words, "one thirtieth part of a month," which was lost.

Mr. Moore of Madison, moved to fill the second blank in the second section with the words "first day of January next," which was lost.

Mr. Holderness moved, that the further consideration of said bill be postponed till next Monday week, which was carried.


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Ayes 20, nays 18. The ayes and nays being called for, those who voted in the affirmative, are Messrs. Speaker, Abercrombie, Isaac Brown, John Brown, Col. John Brown, Creagh, Cook, Dale, Davis, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Holderness, Leake, Moore of Madison, Murrell, McMeans, Moore of Marion, Perry, and Perkins, 20. Those who voted in the negative, are Messrs. Armstrong of Conecuh, Bigham, Benson, Bailey, Clay, Coats, Doxey, Duke, Edmundson, Hill, McKinley, Morton, McVay, Shackleford, Sargent, Tagert, Vining, and Walker, 18.

A message from the Senate by Mr. Seabury, Mr. Speaker,- The Senate have passed the bill entitled an act to indemnify Jack F. Ross, Treasurer of this State, which originated in your honorable body.

They have also passed a resolution for the relief of the collector of taxes on Monroe county, in which they desire your concurrence, and then he withdrew.

Mr. Walker from the select committee to whom was referred the accounts of the door-keepers of the Senate and House of Representatives, reported that the committee have examined said accounts, and recommend that the sums therein specified be appropriated to the payment of the same.

Mr. John Brown from the select committee to whom was referred the bill to be entitled an act to incorporate the town of Elyton in the county of Jefferson, reported the same with amendments, in which the House concurred, and the rule requiring a bill to be read on three different days being dispensed with, the said bill was read a second and third time forthwith, and passed: Ordered, That the title be as aforesaid and that the same be sent to the Senate for their concurrence.

The Senate having in pursuance of intimation given by the House of Representatives of their readiness to receive them; assembled in the Hall of the House of Representatives, the two Houses then proceeded to the election of justices of the county courts in the several counties in which vacancies had occurred, or in which no justices had been heretofore elected.

There being three vacancies in the county court of Mobile, Nicholas Pope, William Sontag, and Philip McClosky were put in nomination, and all the members present voting for them, the Speaker announced them duly elected.

There being four vacancies in the county of Baldwin, Lud Harris, James W. Peters, William Coolidge, and Henry Wheat, were put in nomination, and all the members present voting for them, the Speaker announced them duly elected.

There being two vacancies in the county of Clarke, Jamison, Andrews, and William L. Paris were put in nomination, and all the members present voting for them, the Speaker announced them duly elected. There being one vacancy in the county of Washington, and William Shaw being in nomination, and all the members present voting for him, the Speaker announced him duly elected. There being three vacancies in the county of Monroe, and Samuel Fea, James Pickens, and Benjamin Evans being in nomination and all the members present voting for them, the Speaker announced them duly elected. There being one vacancy in the county court of Conecuh, and Andrew Jones being in nomination, and all the members present voting for him, the Speaker announced him duly elected. There being two vacancies in Butler county, and James Lane and John Coleman, being in nomination, and all the members present voting for them, the Speak-


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er announced them duly elected. There being one vacancy in the county of Wilcox, and James A. Tait being in nomination, and all the members present voting for him, the Speaker announced him duly elected. There being two vacancies in the county of Marengo, and Shelby Corzine and Isaac C. Perkins being in nomination, and all the members present voting for them, the Speaker announced them duly elected. There being one vacancy in the county of Greene, and Lewis Stevens being in nomination, and all the members present voting for him, he was announced by the Speaker duly elected. There being one vacancy in the county of Perry, and James L. Baird being in nomination, and all the members present voting for him, he was announced by the Speaker duly elected. There being one vacancy in the county of Dallas, and David McCord and Oliver C. Brooks being in nomination, those who voted for David McCord, are, Messrs, Casey, Davis, Farmer, Garth, Gause, Hanby, Herbert, Hodges, Hogg, Metcalf, Ringgold, Rose, Seabury, Sims, Terrell and Trotter, of the Senate Mr. Speaker, Abercrombie, Armstrong of Conecuh, Bigham, Benson, Bailey, Isaac Brown, John Brown, Col. John Brown, Clay, Creagh, Cook, Coats, Dale, Doxey, Davis, Duke, Edmundson, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Hill, Holderness, Leake, McKinley, Moore of Madison, Morton, Murrell, McVay, Perry, Rather, Shackleford, Sargent, Tagert, Vining and Walker, 53. Those who voted for O. C. Brooks, are Mr. President of the Senate, McMeans, Moore of Marion, and Perkins, 4.

Whereupon Mr. Speaker announced David McCord duly elected.

There being three vacancies in the county of Autauga, John Matthews, Jordan Abbott, and John G. Graham being in nomination, and all the members present voting for them, they were announced by the Speaker duly elected. There being three vacancies in the county of Montgomery, and William Lepradd, James McLemore, and William Graham being in nomination, and all the members present voting for them, they were announced by the Speaker duly elected. There being three vacancies in the county of Bibb, Samuel W. Davison, Charles A. Dennis, and A. M. Lusk being in nomination, and all the members present voting for them, the speaker announced them duly elected. There being five vacancies in the county of Jefferson, and Thomas Owen, William Rupe, Washington Allen, Darbey Henley, and Moses Ayres being in nomination, and all the members present voting for them, the Speaker announced them duly elected. There being one vacancy in the county of Cotaco, and William Priddy being in nomination, and all the members present voting for him the Speaker announced him duly elected. There being four vacancies in the county of Marion, and John D. Terrell, Lemuel Beene, Jabez Fitzgerald and George White, being in nomination, and all the members present voting for them the Speaker announced them duly elected. There being one vacancy in the county of Lawrence, and Beverly Reese, being in nomination, and all the members present voting for him, the Speaker announced him duly elected. There being one vacancy in the county of Lauderdale, and James Files being in nomination, all the members present voting for him, the Speaker announced him duly elected. There being one vacancy in the county of Limestone, and James D. Lockhart being in nomination, and all the members present voting for him, the speaker announced him duly elected. The two houses then proceeded to elect Justices of the county Court of Pickens county, and Jacob Dansby, Solomon Marshall, Thomas Shannon, James Newman, and Ezekiel Nash, being in nomination, and all the members present voting


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for them, the Speaker announced them duly elected. Ordered, that Col. John Brown, have leave of absence, for the balance of the session. Then the house adjourned until Monday 9 o'clock.