Thursday, December 21, 1820.

The Senate met pursuant to adjournment.

Mr. Gause, from the Committee on Enrolled Bills, reported that the committee had examined the following bills, and found the same duly enrolled -An act concerning Divorce. Resolution authorising the Treasurer to receive Comptroller's Warrants for money due for the sale of lots in Cahawba. An act to incorporate the subscribers of the Bank of the State of Alabama. An act to reduce into one the several acts concerning Roads, Bridges, Ferries, and Highways. Resolution to make an allowance to the clerks of the house of representatives and senate, for ex-officio services. An act to regulate proceedings in suits at common law; and an act, to reduce into one the several acts concerning strays; which bills and resolutions were then signed by the President.

According to order the senate resolved itself into a committee of the whole on a bill to be entitled an act to provide for assessing and collecting the taxes and for taking the census of this state, Mr. Garth in the chair, and after some time spent therein the committee rose and Mr. President resumed the chair, and Mr. Garth reported that the committee of the whole had according to order had the said bill under consideration and had directed him to report the same with sundry amendments, which were severally read and concurred in. On motion of Mr. Ringgold said bill was ordered to be engrossed and read a third time this day.

The senate resumed the consideration of a bill to be entitled an act to authorise the Governor or person exercising that office, to remit any part of any fine, forfeiture or sentence of imprisonment. Mr. Rose moved to amend said bill by striking out in the first section of said bill after the word "convened," the remainder of the section, and to insert in lieu thereof the following. "That the Governor or person exercising that office shall have power to grant pardons and reprieves in all cases of capital offences, treason excepted; in which case he may respite the execution until the end of the next General Assembly in all cases of fines emercements and imprisonments, levied, assessed or sentenced for inferior offences, except that for assault and battery with intent to kill or murder an assult and battery with intent to commit a rape, he may remit any part thereof, but in all cases herein except-


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ed, he shall only have power to respite or suspend the execution thereof, until the next meeting of the General Assembly." And the question being taken on said amendment, it passed in the affirmative.

Message from the House of Representatives, by Messrs. Moore of Madison county, and Cook.- Mr. President, The House of Representatives have appointed Messrs. Moore of Madison, and Cook as a committee on their part jointly with such committee as may be appointed on the part of your honorable body to wait on his honor, the acting Governor, and inform him that the General Assembly are about adjourning sine die, and enquire of his Honor if his Honor has any farther communications to make to the General Assembly, previous to that event.

According to order the Senate resolved itself into a committee of the whole, on a bill to be entitled an act to make appropriations for the year 1821, and for other purposes therein mentioned, Mr. Terrel in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Terrel reported that the committee of the whole had according to order, had said bill under consideration, and had made sundry amendments which were severalally read. On motion of Mr. Gause, the amendments were concurred in, and said bill was read a third time and passed.

A bill to be entitled an act to fix the time of convening the General Assembly of the State of Alabama, which was read the first time and on motion, the rule which requires all bills and joint resolutions to be read on three several days was dispensed with and the said bill was read a second time. On motion the rule which requires all bills and joint resolutions to be read on three several days was dispensed with, and the said bill was read a third time and passed.

Resolution from printing the Journals and Laws of the present General Assembly was read the first time, and the rule which requires all bills and joint resolutions to be read on three several days was dispensed with, and said resolution was read a second time, and, on motion the rule was further dispensed with, and said resolution was read a third time and passed.

Resolution to authorise the payment of Daniel Rather, was read a third time and passed.

On motion of the following bills were postponed, until the first Monday in November next. A bill to be entitled an act to incorporate the Indian Creek Navigation Company. A bill to be entitled an act to establish and regulate Justices Courts. A bill to repeal the Laws now in force in this State, which authorise separate suits upon joint or joint and several contracts of copartners in trade. A bill to prohibit the removal of distempered cattle. A bill to be entitled an act to authorise Gilbert D. Taylor to emancipate certain slaves therein named. A bill to be entitled an act permitting Merchants, Shop-keepers, Partnors. Physicians and Apothecaries to prove their books of account. A bill to be entitled an act to amend an act regulating Hawkers and Pedlars.

Memorial to the general government on the subject of a repeal of


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the law restricting the taxation of certain lands and for other purposes. A bill to be entitled an act to apportion among the several counties within this State, and to divide the State into senatorial districts, and a bill to be entitled an act to alter the mode of collecting the revenue of the State. On motion of Mr. Sims, the Senate reconsidered the postponement of the bill to be entitled an act to incorporate the Indian Creek Navigation Company. On motion of Mr. Sims the committee of the whole was discharged from the further consideration of said bill, and it was read a third time and passed. A bill to be entitled an act to provide for assessing and collecting the taxes and for taking the census of this State, was read a third time and passed. Ordered that the Secretary acquaint the House of Representatives thereof. 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 read a third time as amended and passed.

Message from the House of Representatives by Mr. Moore of Madison, Mr. President- The House of Representatives have concurred in all the amendments made by the senate to the bill to be entitled an act to make appropriations for the year 1821, except the amendment allowing the Court of Errors and Appeals, the Circuit Court of Dallas County, and the Federal Court of the United States, to sit in the State House. Mr. Casey moved that the senate insist on said amendment, and the question being taken thereon, it was decided in the affirmative. Ordered that the secretary acquaint the House of Representatives thereof. On motion, ordered that Nicholas Davis, senator from Limestone county, have leave to spread on the journal the following dissent and protest against the amendment of the senate, by striking out the second section of the bill, which passed the House of Representatives, to be entitled an act to apportion the Representatives among the several counties in this state, and to divide the state into senatorial districts, to wit: "In conformity to the provisions of the constitution, the House of Representatives passed a bill to be entitled an act to apportion the representatives among the several counties in this state, and to divide the state into senatorial districts, according to the returns of the late census. In this House an amendment has been made to this bill by striking out the second section which provided for the apportionment of senators and laying the state off into districts. As this amendment in my estimation defeats the spirit and intention of the constitution, I, Nicholas Davis, a senator from Limestone county therefore dissent and protest against the amendment for these reasons: The 9th and 10th sections of the 3d article of the constitution when taken together imperiously require of the present General Assembly to apportion both branches of the legislative department which if done would terminate the temporary legislative body created by the eighth section of the schedule and which by the term of its creation, cannot exist after the first day of August, 1821, whether we choose to make this apportionment or not. The eighth section of the schedule above referred to provides that "until the first enumeration shall be made at


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directed by this constitution." The several counties therein enumerated shall be entitled to representation as therein expressed "and each county shall be entitled to one senator who shall serve for one term." In correct grammatical construction, the word "until," controls the whole section, and limits the duration of the existence of the provisional legislature, until this time, unless the word "term" used in that section , can controul all the permanent provisions contained in the 9th and 10th sections above referred t. To ascertain what is meant by the word "term" we are compelled to resort to the 12th and 13th sections of the 3d article. The 12th section provides that 'senators shall be chosen by the qualified electors for the term of three years," but there is no provision in any part of the Constitution, which gives the senators thus choson the right to serve three years. On the contrary in the 13th section it appears that "senators chosen according to the apportionment under the census taken in 1820, when convened shall be divided by lot into three classes as nearly equal as may be. The seats of the senators of the first class shall be vacated at the expiration of the first yea; those of the second class at the expiration of the third year." If we have a right at this time to refuse to make the apportionment, because the law in its operation may make the present senatorial term two years. The senators chosen under the 13th section of the 3d article, may for the same reason refused to submit to a classification, the term of service in both cases being derived from the same provision of the Constitution. These reasons have convinced my mind that a senatorial term of service is not three years, but one, two or three years, according to other provisions of the Constitution, which in their necessary operation limit the period of service. As I firmly believe that the legislative power of this State will cease with the session unless an apportionment is made in conformity with the mandate of the constitution, I have deemed any duty to spread on the journals the reasons upon which my vote on this subject is based.

Message from the House of Representatives, by Mr. Walker.

Mr. President -The House of Representatives recede from their disagreement to the amendment of the Senate to the hill making appropriations for the year one thousand eight hundred and twenty-one.

Mr. Gause from the committee on enrolled bills reported that they had examined the following bills, and found the same duly enrolled: An act, to incorporate the Indian Creek Navigation Company; An act, to make approprations for the year one thousand eight hundred and twenty one; and, An act, to provide for assessing and collecting the taxes, and taking the census of this State. Which were accordingly signed by Mr. President.

Message from the House of Representatives, by Mr. McVay.

Mr. President- The House of Representatives concur in the amendments made by the Senate to the resolution authorising payment to David and Nicholas Crocheron. They also concur in the


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amendments to the bill authorising the Governor to remit any part of any fine, forfeiture or sentence of imprisonment.

Mr. Garth moved the following resolution, which was adopted:

Resolved, That the Secretary of the Senate complete the journals under the direction of the President of the Senate.

Mr. Gause, from the Committee on Enrolled Bills, reported, that the committee had examined the following bills and found them duly enrolled; an act to fix the time for convening the General Assembly of the State of Alabama; an act to authorise the Governor or person exercising that office to remit any part of any fine, forfeiture, or sentence of imprisonment.

A resolution for printing the Laws and Journals of the present General Assembly; a resolution authorising the Governor to pay to David and Nicholas Crocheron, a sum of money therein mentioned; a resolution to authorise the payment of Daniel Rather, as Jailor of Madison county; which bills and resolutions, were then signed by Mr. President.

On motion of Mr. Garth, Resolved, That a committee be appointed on the part of the Senate, to join with such committee as may be appointed on the part of the House of Representatives to wait on his Excellency the Acting Governor, and to inform him, that the General Assembly have gone through the business before them, and are now ready to adjourn sine die unless he has other communications to make; whereupon Messrs. Garth, Casey and Gause were appointed. Mr. Garth from the committee appointed to wait on his Excellency the acting Governor, reported, that the committee had performed their duty, and had received for answer that he had no further communications to make.

Message from the House of Representatives, by Mr. Moore, of Madison.

Mr. President -The House of Representatives have finished the business before them, and are about to adjourn.

On motion, Ordered, That the Secretary inform the House of Representatives that the Senate having gone through the business before them, are now ready to adjourn.

Mr. Rose moved the following resolution: Resolved, That the thanks of the Senate are due to the Honourable Gabriel Moore, President thereof, for the impartiality, decision, dignity, and ability with which he has discharged the arduous duties of his station.

Whereupon the President rose, and addressed the Senate in the following manner:

Gentlemen -I cannot in justice to my feelings, put the question for adjournment sine die without expressing the lively sensibility I feel in receiving this renewed evidence of your continued friendship. Gentlemen, I want words to express the gratification I feel in finding the manner I have been enabled to discharge with the duties of the office has given general satisfaction. With cheerfulness I render you the just tribute of my acknowledgments for the uniform friendly aid and support you have on all occasions rendered the chair. I rejoice


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too, that I can, at the same time, congratulate you on the degree of harmony, and more than ordinary good humour and conciliatory spirit which have prevailed in the Senate during our deliberations: this furnishes evidence undoubted to the world, that you have been governed by principles and motives worthy legislators, and which have been founded in the most sincere wish to promote the general interest, welfare and prosperity of your constituents.

Gentlemen --For the very polite and flattering terms in which you have been pleased to express your approbation of my conduct, I return you my sincere thanks. Please to accept of my warmest wishes for your individual health, your prosperity and happiness, and a safe and agreeable return to your respective homes.

On motion of Mr. Casey the Senate adjourned sine die.

GABRIEL MOORE,

President of the Senate.

(Attest,) M. D. WILLIAMS,

Secretary of the Senate.