Tuesday, December 19, 1820.

The Senate met pursuant to adjournment.

Mr. Gause from the committee of enrolled bills reported that the committee had examined the following bills and found them duly enrolled to wit: An act, to incorporate the town of Ococoposo, in the county of Franklin; An act to vest certain lots in the Intendant and Council of the town of Cahawba, and for other purposes; An act appointing additional precincts for holding elections in the county of Bibb: An act for the government of the port and harbour of Blakeley; and an act giving jurisdiction to the courts of certain counties which were accordingly signed by the President.

According to the order of the day the Senate resolved itself into a committee of the whole on a bill entitled an act repealing a part of the 28th section of an act to regulate proceedings in the Courts of Law and Equity in this state. Mr. Davis in the chair; and after some time spent therein the committee rose, Mr. President resumed the chair, and Mr. Davis reported, that the committee of the whole had according to order, had said bill under consideration, and had made sundry amendments thereto; which were concurred in. On motion, Ordered, That said bill be engrossed for a third reading this day.

Mr. Gause, from the Committee on Enrolled Bills, reported that the committee had examined the following bills, and found them duly enrolled: to wit.

An act to organize the militia of this state; An act to alter the boundaries of certain counties therein mentioned; An act to incorporate the lower part of the town of Tuskaloosa; and an act defining the boundaries of Marion county which were signed by the President.

Message from the House of Representatives by Messrs. Perry and Clay.

Mr. President-- The House of Representatives have passed the following bills: to wit. An act amendatory of an act passed at Huntsville the 16th December, 1819; entitled an act to establish a public road therein named; An act supplementary to an act establishing the permanent seat of justice in Cahawba county, passed at Huntsville, 17th December, 1819; A resolution appointing commissioners to re-


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view and mark out a road from the military crossing of the Buttahache to the falls of Tuscaloosa; and an act to authorise the Governor to sell lots on the public lands east of Alabama river, and opposite the town of Cahawba; all of which bills originated in the Senate.

They have also passed a bill entitled an act to incorporate the town of Claiborne, in which they desire the concurrence of the Senate

The bill entitled an act to incorporate the subscribers to the Bank of the State of Alabama was read the third time as amended; and on the question, "Shall said bill pass?" the ayes and nays being called for, it passed in the affirmative- Ayes 16, Nays 3. Those who voted in the affirmative are Messrs President, Casey, Connor, Davis, Farmer, Gause, Gaines, Hanby, Herbert, Hodges, Hogg, Ringgold, Rose, Sims, Trotter and Ware; those who voted in the negative are, Messrs Garth Metcalf and Terrel.

The following bills, &c. were severally read the third time, and passed to wit:

An act to reduce into one the several acts concerning roads, bridges, ferries, and highways; an act concerning writs of error; an act giving jurisdiction over water courses; an act to incorporate an aqueduct company in the city of Mobile; an act to incorporate the Flint river navigation company; An act to amend an act, passed at Huntsville on the 13th day of November, 1819, incorporating the town of Triana; an act to authorise persons who have settled on the sixteenth section in each township, to remove mill works or machinery, and for other purposes; an act to authorise judges of the Circuit Courts and justices of the County Courts, to take the acknowledgement of deeds, and relinquishment of dower; an act prescribing the mode of making out and authenticating accounts against this State; an act to authorise the payment of sixty dollars to Samuel Dale; an act supplementary to the laws now in force, concerning wills, intestates, and guardians; an act concerning the appointment of county officers; an act to legalise registering certain deeds or conveyances of lands in this state; an act to incorporate the town of Elyton, in the county of Jefferson; an act to authorise the persons therein named to sell and transfer certain certificates of land; an act concerning the appointments of county officers; a resolution authorising the comptroller to receive all monies arising from the rents of the seminary lands; an act extending the boundaries of Jefferson county; an act to incorporate the town of Claiborne; an act granting to John Fowler the right of running a steam ferry boat between the city of Mobile and the town of Blakeley; and act for the relief of Elijah Lawley, were all severally read the third time and passed; an act establishing certain election precincts therein named and for other purposes, was read the third time on motion of Mr. Connor, said bill was amended by adding an additional section by way of rider, which was read the first time and on motion, that the rule which requires all riders be read on three several days be dispensed with, said under was then read the second and third times said bill as amended was then read and passed. Mr. Rose moved to reconsider the vote on


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the passage of the bill entitled an act extending the boundaries of Jefferson county, and on the question being put, "shall the Senate reconsider their vote on said bill?" it passed in the affirmative. On motion of Mr. Rose said bill was amended by striking out the word "February" near the end, and the word "April" inserted in lieu thereof ; said bill as amended was then read and passed. An act to regulate proceedings in suits at common law was taken up. On motion of Mr. Garth, the committee of the whole was discharged from the further consideration of said bill. On motion of Mr. Garth, said bill was amended by inserting after the words "Section 2" and wherever the want occurred throughout the bill, these words, "And be it further enacted." Mr. Garth moved to strike out the word "thirty" in the seventh section of the bill, and the question being put it passed in the affirmative. Mr. Garth moved to fill up in lieu of the word stricken out the word "ninety." And on the question being put, it passed in the negative. On motion of Mr. Casey the blank was filled with the word "sixty." Said bill was then read the third time as amended, and passed.

An act for the relief of the collector of Lauderdale county, and for other purposes, was taken up, and on motion of Mr. Metcalf read a second time by its caption. On motion of Mr. Davis, said bill was amended by adding an additional section thereto. On motion of Mr. Metcalf, the word Franklin was stricken out in the third section of the bill. Mr. Garth moved to fill the blank with the word Cotaco, which passed in the affirmative. On motion of Mr. Gaines the bill was further amended by inserting after the word Cotaco, the word Jackson. Mr. Casey moved to strike out the third section and on the question being put thereon, it passed in the affirmative. Said bill as amended was then read the third time and passed.

Mr. Gause from the committee on enrolled bills reported that the committee had examined the following enrolled bills, and found the same duly enrolled to wit: An act for the relief of Chapley R. Welbourn, and an act to raise a revenue for the support of government for the year 1821, which were accordingly signed by Mr. President.

On motion of Mr. Garth, the committee of the whole was discharged from the further consideration of a bill entitled an act to amend an act entitled an act for the inspection of lumber and other articles therein named, passed at Huntsville on the 17th day of Dec. 1819. Said bill was then read the third time and passed.

A bill entitled an act to lay a tax on the inhabitants of the county of Washington was taken up. On motion of Mr. Trotter the word "half" in the first section of the bill was striken out, and the word "fourth" inserted in lieu thereof. Said bill was then read the third time and passed.

A bill repealing the 28th and 35th sections of an act passed at Huntsville, 14th Dec. 1819, entitled an act to regulate the proceedings of courts of law and equity in this state, was taken up and read the third time and passed. Ordered that the title of said bill be an act repealing certain laws therein named.


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An act concerning executions and sales by sheriffs and other officers was taken up, and on motion of Mr. Garth, the committee of the whole was discharged therefrom. Said bill was then read the third time and passed.

An act to provide for enclosing the public building in the town of Cahawba and for other purposes, was taken up, amended, read the third time and passed. Ordered that the secretary acquaint the House of Representatives thereof.

A bill entitled an act to prevent fire hunting 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 second time, and made the order of the day for a third reading on to-morrow.

An act concerning free negroes and mulattoes, in order for a second reading was taken up. Mr. Sims moved that said bill be indefinitely postponed. The question was put thereon: the yeas and nays being called for, it was decided in the affirmative -Ayes 9, Nays 8. Those who voted in the affirmative are Messrs. President, Connor, Garth, Gaines, Herbert, Hodges, Hogg, Rose and Sims. Those who voted in the negative are Messrs. Casey, Davis, Farmer, Gause, Metcalf Ringgold, Trotter and Ware.

A message from the House of Representatives by Mr. Moore of Madison.

Mr. President and Gentlemen of the Senate -The House of Representatives have agreed to the amendments made by the Senate to the second section of the bill to incorporate the subscribers to the Bank of the State of Alabama, to wit: They agree to the first, second and third amendments to said second section. To the fourth amendment, to wit, by striking out in the beginning of the 13th line of said section, the words "five hundred," inserting in place thereof the words "three hundred." To this amendment the House of Representatives disagree They have amended the amendment made by your honorable body by inserting between the word "junior" and the word "at," to wit: "at Courtland five hundred shares under the superintendence," &c. by striking out "five" and inserting "three." The House of Representatives have disagreed to the amendment made by your honorable body to the thirteenth section, in striking out the last line of said section. in all other amendments made to said bill by the senate, the House of Representatives concur.

They have read the third time and passed a bill entitled an act to reduce into one, the several acts concerning strays, in which they desire the concurrence of your honourable body. Said bill was then read the first time. Mr. Ringgold moved that the rule which requires all bills to be read the second time forthwith. Said bill was then read the second time forthwith, and made the order of the day for a third reading on to-morrow.

A bill concerning divorce and alimony, was taken up and according to order the Senate resolved itself into a committee of the whole


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thereon. 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 made sundry amendments thereto, which were severally concurred in. Said bill was then ordered to be engrossed for a third reading on to-morrow.

The Senate then took up the message from the House of Representatives on the bill to incorporate the Bank of the State of Alabama.

On motion of Mr. Casey the Senate agreed to the amendment of the House of Representatives to the amendment of the Senate, in the second section, where it reads in these words, "at Courtland five hundred shares," by striking out the word "five," and inserting in lieu thereof, the word "three."

On motion of Mr. Casey, the Senate receded from their amendment to the thirteenth line of said section where they had proposed to insert the word "three." in lieu of the word "five." On motion of Mr. Terrel, the Senate also receded from their amendment to the thirteenth section of said bill. Ordered that the Secretary acquaint the House of Representatives thereof.

The Senate adjourned till ten o'clock to-morrow morning.