Thursday, December 14, 1820.

Mr. Hogg moved that the Senate recede from their disagreement to the amendments made by the House of Representatives to the bill to be entitled an act to amend an act, passed December 23d 1815, fixing a standard for measures. On motion of Mr. Hogg, that the Senate concur in the amendments of the House of Representatives to said bill, and the question being taken therein, it was decided in the affirmative. On motion of Mr. Casey, the report of the Adjutant General, was taken up and read.

To the honorable the President and Gentlemen of the Senate of the State of Alabama, I have the honor herewith to transmit to your honorable body an abstract of the strength and condition of the militia of this State, so for as returns have been made at my office.

Pursuant to instructions from his Excellency the acting Governor, I have issued orders to the Colonels Commandant of the several regiments requiring them to ascertain and return to me the strength and condition of the militia under their respective commands, by the first day of November last, nineteen returns only have been received, fourteen regiments and two battalions are yet to be heard from this delay may be, and I am disposed to think that it is attributable rather to the difficulty of the communication, between the different parts of the State by mail, than any neglect or disobedience of orders. House further returns be made before the adjournment of the General Assembly, I shall take the earliest opportunity of laying them before your honorable body. I have the honor to be yours, respectively, &c.

CARTER B. HARRISON,

December 11, 1820. Adjutant General.

On motion of Mr. Chambers, according to order the Senate resolved itself into a committee of the whole, on a bill to be entitled an act


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to raise a revenue, for the support of government, for the year 1821. 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 whole had according to order, had said bill under consideration, and had directed him to report the same with sundry amendments, which were severally read and concurred in.

Mr. Rose moved to amend said bill in the 3d section, by striking out the word 'twenty-five,' for the purpose of inserting a larger number, and the question being taken thereon, it was decided in the negative. The yeas and nays being desired, those who voted in the negative are Messrs. President, Davis, Farmer, Garth, Gause, Gaines, Hanby, Harwell, Herbert, Metcalf, Ringgold, Seabury, Terrel, Trotter, and Watkins, 15. Those who voted in the affirmative, are Messrs. Casey, Connor, Hodges, Hogg, Rose, Sims, and Ware, 7.

Mr. Rose moved to amend said bill by striking out the whole of the fourth section, in these words, and be it further enacted, that on every original writ, and subpoena, in Chancery there shall be paid at the time of taking out the same, to the Clerks of the Circuit Courts in each and every county the sum of fifty cents, and on every writ of error and appeal one dollar, and it shall be the duty of the clerks aforesaid, respectively to make a return of the same and pay over the money thus collected to the tax collectors of their respective counties, on or before the day on which the said tax collectors may be required to settle their accounts with the Treasurer of this State, and the question being taken thereon it was decided in the negative. The yeas and nays being desired, those who voted in the affirmative are Messrs. President, Casey, Gaines, Hanby, Rose, Terrel, Watkins and Ware, 8. Those who voted in the negative, are Messrs. Chambers, Conner, Davis, Farmer, Garth, Gaines, Harwell, Herbert, Hodges, Hogg, Metcalf, Seabury, Sims, and Trotter, 14.

Mr. Sims moved to amend said bill, in the 11th line of the 3d section, between the words, 'dollar' and 'for' by inserting 'Indians excepted.' and the question being taken thereon, it was decided in the affirmative.

On motion of Mr. Garth, the rule which required all bills and joint resolutions to be read on three several days, was dispensed with, and said bill was read a third time and passed.

A message from the House of Representatives, by Messrs. Armstrong, of Mobile, and Shackleford.

Mr. President and Gentlemen of the Senate,

The House of Representatives disagree to the amendments made by the Senate, to the bill to organize the militia of this State as follows: In striking out the word "not at the end of the fourth section, in adding the proviso to the fifty third section, and they concur in the other amendments made by the Senate. And have passed 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 December, 1819, to which they desire your concurrence.


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On motion of Mr. Rose, a bill to be entitled an act, to repeal in part and amend an act, to regulate the proceedings in the courts of law and equity in this State, was read a third time by its caption, and ordered to be committed to a committee of the whole, and made the order of the day on to-morrow.

A bill to be entitled 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 second time, and ordered to be read a third time n to-morrow.

An act, to regulate proceedings in suites at common law, was read a second time, and ordered to be committed to a committee of the whole and made the order of the day on to-morrow.

A bill to be entitled an act, to reduce into one, the several acts concerning roads, bridges, ferries, and highways, was read the first time.

On motion of Mr. Watkins, the rule which requires all bills and joint resolutions to be read on three several days, was dispensed with, and said bill was read a second time by its caption, and ordered to be committed to a committee of the whole, and made the order of the day on to-morrow.

On motion of Mr. Sims, the gentlemen from Clarke county obtained leave of absence after to-morrow for the remainder of the Session.

On motion of Mr. Casey, the gentleman from Monroe, obtained leave of absence after to-morrow for the remainder of the Session.

On motion of Mr. Seabury, the gentleman from Baldwin, obtained leave of absence after to-morrow for the remainder of the Session.

An act, to authorise the Governor to pay to the Town Council of Cahawba, two thousand dollars, on account of the bridges which they are now building in the town of Cahawba, was read a third time and passed.

Mr. Gause from the committee on enrolled bills, reported that the committee had examined the resolutions authorising the State Treasurer to pay the expenses of the General Assembly in manner therein mentioned, and for other purposes, and found the same duly enrolled.

On motion of Mr. Terrel, the committee of the whole was discharged from the further consideration of a bill to provide for the facilitating the navigation of the water courses of the State of Alabama, and said bill was read a second time.

Mr. Chambers moved that said bill be indefinitely postponed, and the question being taken thereon, it was decided in the negative.

The yeas and nays being desired, those who voted in the affirmative are Messrs. President, Chambers, Connor, Davis, Gaines ,Rose, Watkins, and Ware, 8. Those who voted in the negative, are Messrs. Casey, Farmer, Garth, Harby, Harwell, Herbert, Hodges, Hogg, Metcalf, Ringgold, Seabury, Sims, Terrel, and Trotter, 14.

Mr. Casey moved to amend said bill in the first section, by striking out, 'and roads' after the word courses, and the word 'named,' and the question being taken thereon, it was decided in the affirmative. On motion of Mr. Terrel, ordered that said bill be engrossed and read a third time on to-morrow.


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Mr. President introduced the memorial of Samuel Haines, on motion of Mr. Davis said memorial was laid on the table.

Mr. Gause from the committee on enrolled bills, reported that the committee had examined the following bills and found the same duly enrolled.

A bill to be entitled 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 of wolves and panthers.

An act, making it the duty of the Comptroller to issue printed warrantes.

A message from the acting Governor, by Thomas A. Rogers, Secretary of State.

Mr. President and Gentlemen of the Senate,

I am instructed by the acting Governor, to inform your, that the did on this day approve and sign a resolution authorising the State Treasurer to pay the expenses of the General Assembly, in manner therein mentioned, and for other purposes, which originated in this honourable body.

On motion of Mr. Seabury, the Senate according to order, resumed the consideration of a bill to be entitled an act, to apportion the Representatives among the several counties of this State, and to divide into senatorial districts, according to the returns of the census, was read a third time as amended, and passed.

On motion of Mr. Sims, ordered that the title of said bill be an act to apportion the Representatives among the several counties in this State.

The following message from the acting Governor, was communicated to both Houses of the General Assembly.

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 the last month, amounting 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 sales &c. as appears from the receipt of Willis Roberts, Matthew D. Thomason, and Benjamin Clements, were three hundred and seventy-six dollars, and seventy-five cents, leaving a balance of four thousand and fifty-five dollars, which has 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 know to me, that the following vacancies exist in the county courts, in addition to those state in the a memorandum then furnished you, to wit: In the county of Clarke, by the non-acceptance of Samuel B. Shields, and Robertus Love, in the county of Conecuh, by the resignation of -----, and in butler county, by the resignation of James Dunklin and John Coats.

December 11, 1820.

THOMAS BIBB.


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On motion of Mr. Casey, the Senate resumed the consideration of a bill, to be entitled an act, to afford summary relief to persons purchasing lands of the united States. Mr. Casey moved to amend said bill, by striking out the second section, and insert in lieu thereof the following: and be it further enacted, That the production of the certificate, grant, or patent, on the part and behalf of the plaintiff, shall be sufficient evidence to authorise a recovery against the defendant, unless he satisfactorily proves a better right to the possession, cultivation, or occupancy of the lands in question. Mr. Sims moved that said bill be indefinitely postponed, and the question being taken thereon, it was decided in the affirmative. The yeas an nays being desired, those who voted in the affirmative are Messrs. President, Connor, Davis, Farmer, Garth, Gaines, Hanby, Hodges, Hogg, Metcalfe, Ringgold, Sims, Terrel and Ware, 14. Those who voted in the negative, are Messrs. Casey, Gause, Harwell, Herbert, Rose, Seabury, Trotter and Watkins, 8.

A message from the House of Representatives, by Messrs. Weedon and Cleveland.

Mr. President,

The House of Representatives have read the third time, and passed a bill entitled an act, for the collection of monies due the State, and for other purposes, originating in the Senate, and have made an amendment thereto, by striking out the words "the duty of," in the 4th section. They have also passed the following bills entitled, to wit: An act, to establish a State University; An act, for the relief of securities; and, An act to alter the mode of collecting the Revenue of this State; in which they desire your concurrence.

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