Monday, Dec. 18, 1820.

On motion of Mr. Moore of Madison, the rule preventing the introduction of new business into the house was suspended: Whereupon,

Mr. Moore obtained leave to introduce the following resolution: Resolution to authorise the Comptroller to receive all monies and notes arising from the rents of the Seminary Lands, which was read the first time, and the rule requiring bills to be read on three several days being dispensed with, was read a second and third time and passed. Ordered, that the same be sent to the senate for their concurrence.

Mr. Benson from the committee on enrolled bills, reported that the committee have examined the following bills, and find the same correctly enrolled: to wit, An act to fix the seats of justice permanently in the counties of St. Clair and Perry and for other purposes; An act authorising a lottery for the benefit of the Navigation of the Buttahache river; An act to establish a public road from the southern boundary line of township eight, range four or five west of the basis meridian line of Huntsville to the Falls of Tuskaloosa; An act to establish a State University; An act to establish and fix on a site for the seat of justice in Wilcox county; An act to fix the seat of justice in the county of Lauderdale; and A resolution assigning certain rooms of the State House to the use of the Comptroller of Public Accounts and the State Treasurer.

A resolution from the senate, for the relief of the tax collector of Monroe county, was read a first time, and the rule being dispensed with, was read a second and third time forthwith and passed. Ordered that the senate be informed thereof.

A bill to be entitled an act amendatory to an act passed by the Legislature of Alabama, at Huntsville the 16th Dec. 1819, entitled an act to establish a public road therein named, was read a first time and ordered for a second reading on to-morrow.

Resolution from the Senate appointing commissioners to review and mark out a road from the military crossing of the Buttahachee to the falls of Tuskaloosa, was read a first time, and ordered for a second reading on to-morrow.

A message from the Senate by Mr. Farmer, Mr. Speaker- The Senate have read the third time and passed, the following bills, to wit: an act to establish the seat of justice in Blount county, and for other purposes; and an act to alter the boundaries of certain counties therein named, both which bills originated in your honorable body.

They have also passed a bill entitled an act to provide for digesting the laws of Alabama, in which they desire your concurrence.

A bill entitled an act to incorporate the town of Ococoposa in the county of Franklin, was read a second time, on motion of Mr. Moore of Madison, a clause as an additional section, was annexed to the said bill, for the relief of defaulting patroles, and the rule being dispensed with, said bill was read a third time forthwith and passed, Ordered, that the Senate be informed thereof.

A bill from the Senate, entitled an act to provide for digesting the laws of Alabama, was read a first time and ordered for a second reading on to-morrow.


(116)

A resolution fixing the adjournment of the General Assembly from the _______ day of the present month, to the _______ Monday in May next, was ordered to lie on the table.

A bill to be entitled an act to authorise the payment of sixty dollars to Samuel Dale, 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. On motion of Mr. McKinley, the rule preventing the introduction of new business in the House, was suspended, whereupon, Mr. Shackleford introduced a resolution authorising the acting Governor to settle the accounts of David and Nicholas Crocheron for completing the public buildings, which was read a first time, and the rule being dispensed with, was read a second time, forthwith. Mr. Perkins, moved to strike out of the said resolution the words "and settle" which was lost.

The House then ordered the accounts of David and Nicholas Crocheron to be referred to a select committee. Whereupon Messrs, Walker, Murphy, Morton, Armstrong, Moore of Madison, and Perkins, were appointed said committee, and that they have leave to sit during the session of the House.

A message from the acting Governor, by Mr. Rogers: Mr. Speaker, I am instructed by the acting Governor, to inform you, that he did on this day approve and sign, an act to amend an act entitled an act for the Government of the town of Cahawba, passed at Huntsville December 3, 1819; an act to prevent obstructing or diverting from the natural channel, any water course which would other wise flow through the land of any person: and

An act for the relief of securities, which originated in this honorable body, and then he withdrew.

A bill to be entitled an act granting to John Fowler the right of running a steam ferry boat between the town of Blakeley and the city of Mobile, was read a second time and the rule being dispensed with, 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.

A bill to be entitled an act, to alter and enlarge the terms of certain circuit courts in this State, was read a third time. Mr. Perkins moved to amend said bill by way of rider, by adding two additional sections, authorising elections to be held in the county of Pickens, for county officers, which was agreed to by the House. The bill was then passed. Ordered, That the title be as aforesaid, and the same be sent to the Senate for their concurrence.

A bill to be entitled an act to amend an act, entitled an act, to suppress duelling, was read a second time, and ordered to be engrossed for a third reading on to-morrow.

A bill to be entitled an act, to establish an additional ferry across the Alabama, in the town of Cahawba, was read a second time. On motion of Mr. Abercrombie, the said bill was postponed to the fourth Monday in October next: ayes 22, nays 10.

The ayes and nays being called for, those who voted for postponement, are Messrs. Abercrombie, Armstrong of Conecuh, Bigham, Benson, Bailey, Isaac Brown, John Brown, Coats, Coleman, Doxey, Davis, Duke, Edmundson, Evans, Hill, Murrell, Moore of Marion, McVay, Mims, Sargent and Vining, 21.


(117)

Those who voted in the negative, are Messrs. Speaker, Clay, Creagh, Cook, Leake, McKinley, Perry, Rather, Shackleford and Tagert, 10.

A bill to be entitled an act, prescribing the mode of making out and authenticating accounts against this State, was read a second time, and the rule being dispensed with, 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 bill to be entitled an act to lay a tax on the inhabitants of Washington county, was read a second time, and the rule being dispensed with, 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.

A resolution to reduce the senatorial term was read a second time, and the question being taken, shall the said resolution be read a third time, was decided in the negative. Ayes 20, Nays 11.

Those who voted in the affirmative, are Messrs. Speaker, Abercrombie, Armstrong of Conecuh, Benson, Bailey, Isaac Brown, John Brown, Cook, Coats, Coleman, Davis, Hill, Murrell, McMeans, McVay, Rather, Shackleford, Sargent, Tagert and Vining, 20. Those who voted in the negative, are Messrs. Bigham, Clay, Creagh, Doxey, Duke, Edmundson, Evans, Holderness, Leake, McKinley and Perry, 11.

And there not being a constitutional majority, said resolution was rejected. A bill to be entitled an act supplementary to the laws now in force concerning wills, intestates and guardians, was read a second time, and the rule being dispensed with, was passed. Ayes 20, Nays 11. The ayes and nays being called for, those who voted in the affirmative are Messrs. Abercrombie, Bigham, Benson, Bailey, Isaac Brown, John Brown, Creagh, Coats, Coleman, Doxey, Davis, Duke, Edmundson, Hill, Leake, Murrell, McVay, Rather, Sargent and Vining, 20. Those who voted in the negative, are Mr. Speaker, Messrs. Clay, Cook, Dale, Evans, Holderness, McKinley, McMeans, Mims, Perry and Tagert, 11.

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 supplementary to an act entitled an act to establish a public road therein named, was read, and ordered to lie on the table.

A bill to be entitled an act of appropriation to the assessors for taking the census, and assessing the taxes for the year 1820, was read a second time, and the question being taken, shall this bill be read a third time? it was decided in the negative. A bill to be entitled an act to abolish the fictitious proceedings in actions of ejectment, and for other purposes, was ordered to lie on the table.

A message from the senate by Mr. Garth. Mr. Speaker,- The senate have appointed Messrs. Sims, Terrell, Casey and Hogg, as a committee of Conference, to confer with such committee as may be appointed by the House of Representatives, on the disagreement of the two Houses, in the bill entitled an act to apportion the Representatives amongst the several counties of this state, and to divide the state into senatorial districts, according to the returns of the late census.

The House proceeded to the consideration of the foregoing communication, and ordered that Messrs. McKinley, Armstrong of Mobile, Cook, Evans, Walker, Abercrombie and Morton, be appointed a committee on the part of this House, to confer with the said committee on the part of the Senate. A bill entitled an act appointing additional election precincts in the county of Bibb, was read a second time and the rule being dispensed with, the said bill was read a third time forthwith and passed. Ordered, that the senate be informed thereof.

A bill entitled an act for the government of the port and harbour of


(118)

Blakeley, was read a second time forthwith, and the rule being dispensed with, was read a third time and passed. Ordered, that the Senate be informed thereof. Ordered, that the bill to be entitled an act permitting Noah Dykes to retail spirituous liquors free of tax, was ordered to lie on the table. A bill to be entitled an act to repeal so much of an act entitled an act to raise a revenue for the government, for the year 1820, as imposes a double tax for failing to give in lists of taxable property, before the time expired by said act, 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. Benson from the committee on enrolled bills, reported that the committee have examined bills of the following titles, to wit: an act to incorporate the town Erie in the county of Greene: an act to indemnify Jack F. Ross Treasurer of this State, and find the same correctly enrolled: a bill to be entitled an act concerning free Negroes and mulattos, was read a third time, and the blanks being filled, was passed, Ordered, that the title be as aforesaid, and, that the same be sent to the Senate for their concurrence.

A message from the Senate by Mr. Dick. Mr. Speaker,- The Senate have read the third time and passed an act to incorporate the lower part of the town of Tuscaloosa, which originated in your honorable body.

They concur in the amendment made to the bill entitled an act to incorporate the town of Ococoposa in the county of Franklin, and then he withdrew.

A bill to be entitled an act to vest certain lots in the Intendant and Council of the town of Cahawba and for other purposes, was read a second time and the rule being dispensed with, was read a third time forthwith, and passed; Ordered, That the Senate be informed thereof.

Engrossed bills of the following titles, to wit: a bill to be entitled an act to reduce into one the several acts concerning strays; a bill to be entitled an act to prevent fire hunting; a bill to be entitled an act requiring the sheriffs of the several counties of this State, to hold a poll to ascertain the sense of the people as to the mode of voting at elections, were severally 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.

The bill from the Senate entitled an act giving jurisdiction to the courts of certain counties, was read a third time and passed: Ordered, that the Senate be informed thereof.

A bill to be entitled an act to incorporate the town of Claiborne was read a second time. On motion of Mr. Evans, an additional section was added to said bill, authorising the appointment of Patroles. The rule was then dispensed with, and the said bill 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. Morton from the committee on engrossed bills reported that the committee have examined enrolled bills of the following titles, to wit: an act to establish the seat of justice in Blount county and for other purposes; and a resolution of the relief of the tax collector of Monroe, and find the same correctly enrolled.

On motion of Mr. Moore of Madison, the House took up the report


(119)

of the select committee on the bill from the Senate, entitled an act concerning executions and for other purposes, and concurred in said report - Ayes 18- Nays 17.

The ayes and nays being called for, those who voted in the affirmative are Messrs. Bigham, Bailey, Clay, Davis, Duke, Edmondson, Hill, Holderness, Leake, McKinley, Moore of Madison, Morton, McVay, Rather, Shackleford, Sargent, Vining and Walker 18- Those who voted in the negative are Messrs. Speaker, Abercrombie, Armstrong of M., Armstrong of Conecuh, Benson, I. Brown, Creagh, Cook, Coats, Coleman, Evans, Murrell, McMeans, Moore of Marion, Mims, Perry, and Tagert, 17. Mr. Evans moved to postpone said bill till Wednesday, week- decided in the negative- Ayes 19- Nays 19. The ayes and nays being called for, those who voted in the affirmative are Messrs. Speaker, Abercrombie, Armstrong of Mobile, Armstrong of Conecuh, Benson, I. Brown, J. Brown, Creagh, Coats, Coleman, Dale, Evans, Murphy, Murrell, McMeans, Moore of Marion, Mims, Perry and Tagert- 19. Those who voted in the negative are, Messrs. Bigham, Bailey, Clay, Doxey, Davis, Duke, Edmumdson, Hill, Holderness, Leake, McKinley, Moore of Madison, Morton, McVay, Rather, Shackleford, Sargent, Vining and Walker, 19. Ordered, that the said bill be made the order of the day for a third reading on to-morrow. And then the house adjourned till to-morrow, 9 o'clock.