Saturday, Dec. 16, 1820.

A bill to be entitled an act to alter the boundaries of certain counties therein mentioned, was read a second time; on motion of Mr. Sims ordered to lie on the table.

A bill to be entitled an act concerning the appointment of county officers was read a second time, and ordered to be read a third time on Monday next.

A bill to be entitled an act defining the duties of sheriffs and constables was read a second time; on motion of Mr. Hogg ordered to be committed to a committee of the whole, and made the order of this


(102)

day. A bill to be entitled an act to authorise Judges of the Circuit Courts and Justices of the County Courts to take the acknowledgment of deeds and relinquishments of dower, was read a 2d time , and ordered to be read a third time on Monday next. A bill to be entitled an act to provide for enclosing the public buildings in the town of Cahawba, and for other purposes, was read a second time, and ordered to be committed to a committee of the whole, and made the order of the day on Monday next. On motion of Mr. Seabury a bill to be entitled an act to incorporate the Aqueduct Company in the city of Mobile, was read a second time by its caption, and ordered to be read a third time on Monday next.

A bill to be entitled an act for the government of the town of Cahawba, passed at Huntsville, December 3, 1819, was read a second time; on motion of Mr. Casey, 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 third time and passed.

A bill to be entitled 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, was read a second time and ordered to be read a third time on Monday next.

A bill to be entitled an act concerning executions and sales by sheriffs and other officers, was read a second time. On motion of Mr. Rose, ordered to be committed to a committee of the whole, and made the order of the day on Monday next.

On motion of Mr. Casey, a bill to be entitled an act to incorporate the subscribers to the Bank of the State of Alabama, was read a second time by its caption ; on motion of Mr. Ringgold, ordered that said bill be committed to a committee of the whole, and made the order of this day.

A bill to be entitled an act for the relief of securities, was read a third a time and passed. On motion of Mr. Garth, the committee of the whole was discharged from the further consideration of a bill to be entitled an act, giving jurisdiction over water courses. Mr. Garth moved to amend said bill by striking out the words 'civil or criminal' and the question being taken thereon, it was decided in the affirmative. On motion of Mr. Garth, ordered that said bill be engrossed and read a third time on Monday next.

A bill to be entitled an act to establish a State University, was read a third time as amended, and passed. Ordered that the Secretary acquaint the House of Representatives thereof.

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, and the question being taken thereon, shall this bill pass, it was determined in the negative. The yeas and nays being desired, those who voted in the affirmative are Messrs. Casey, Davis, Farmer, Gause, Harwell, Herbert, Seabury, Trotter, Watkins and Ware, 10. Those who voted in the negative, are Messrs. President, Connor, Garth, Gaines, Hanby, Hodges, Hogg, Metcalf, Ringgold, Sims, and Terrel, 11.


(103)

On motion of Mr. Hogg, the gentlemen from Mobile obtained leave of absence for the remainder of the session.

According to order, the Senate resolved itself into a committee of the whole, on a bill to be entitled an act to regulate proceedings in suits at common law, Mr. Seabury in the chair; and after some time spent therein the committee rose, Mr. President resumed the chair, and Mr. Seabury reported that the committee of the whole had according to order, had said bill under consideration and not having time to go through with the same, had directed him to report progress, and ask leave to sit again, which was granted.

A message from the House of Representatives, by Messrs McKinley, and Moore, of Madison.

Mr. President and Gentlemen of the Senate. -The House of Representatives insist on their disagreement to the amendment made by the Senate, in the fourth section of a bill to organize the militia of this State, in striking out the word 'not' when it occurs in these words 'shall not be vacated thereby.' They adhere to their disagreement to the amendment made by the Senate, in striking out the second section of 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; they also adhere to their disagreement to the amendment made by the Senate to the title of said bill. The House of Representatives have also passed a resolution assigning certain rooms of the State House to the use of the Comptroller of public accounts and State Treasurer.

An act to establish a public road from the southern boundary line of township eight, in range four or five west of the basis meridian of Huntsville, to the falls of Tuskaloosa.

An act giving jurisdiction to the Courts of certain counties; which bills originated in the Senate.

They have passed a bill to be entitled an act, to incorporate the Flint river navigation company.

A bill to be entitled an act, to amend an act, passed at Huntsville on the 13th of November, 1819, incorporating the town of Triana; and A bill, to be entitled an act, for the relief of James Ham, to which they desire your concurrence.

According to order the Senate resolved itself into a committee of the whole on a resolution appointing commissions to review and mark out a road from the military crossing of the Buttahachee river, to the Falls of Tuskaloosa, 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 resolution under consideration, and had directed him to report the same without amendment, which was concurred in by the Senate.

On motion of Mr. Terrel, said resolution was ordered to be engrossed for a third reading on to-day.

On motion of Mr. Casey, the gentleman from Limestone obtained leave of absence after this day for the remainder of the Session.


(104)

According to order, the Senate resolved itself into a committee of the whole, on a bill to be entitled an act, to reduce into one the several, acts concerning roads, bridges, ferries, and highways, 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 directed him to report the same with sundry amendments, which were severally read and concurred in.

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 you, that he did on this day approve and sign an act to establish the seat of justice in the county of Montgomery; an act to amend an act passed December 23, fixing a standard for measures; a resolution providing for the preservation of the State Records; an act for the collection of monies due the State, and for other purposes; and an act to cede to the United States the jurisdiction of this State, to certain lands for the purposes therein mentioned.

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

Mr. President and Gentlemen of the Senate,

The House of Representatives concur with the Senate in striking out the second section of the bill to establish a State university. They have passed an act to establish certain election precincts therein named, and for other purposes, which bill was read the first time. On motion of Mr. Casey, 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. Mr. Garth moved to amend said bill in the second section, in the second line, by striking out the words "only three," and insert in lieu thereof "four," and in the same section, 4th line, by inserting after the word Wallis, Centerville, and the question being taken thereon, it was decided in the affirmative.

A bill to be entitled an act amendatory to an act entitled an act to establish a public road therein named, was read a third time and passed. Ordered that the title of said bill be An act amendatory to an act entitled an act to establish a public road therein named.

Mr. Seabury moved the following resolution which was adopted: Resolved, --That the senate will, with the concurrence of the House of Representatives meet them in the chamber of the representatives at the hour of seven o'clock in this evening for the purpose of electing judges of the county courts of such counties as may have become vacant.

A bill to be entitled an act to fix the seat of justice in Blount county, and for other purposes was read a third time and passed. A bill to be entitled an act to extend the boundaries of Jefferson county, and for other purposes, was read the first time. On motion of Mr. Connor said bill was postponed till the first day of January next.

Message from the House of Representatives by Messrs McKinley and Moore of Madison. Mr. President, --The House of Representatives have passed the bill entitled an act authorising a lottery for the


(105)

benefit of the navigation of the Buttahachee River, and have amended the same by adding to the end of the first section the following proviso: Provided always, that the navigation of said river shall in no wise affect private property without just compensation being made therefor which compensation shall always be ascertained by a jury, according to the existing laws regulating the erection of mill dams.

On motion of Mr. Garth the Senate concurred in said amendment Ordered, That the Secretary acquaint the House of Representatives thereof.

A bill to be entitled an act to authorise the Governor to sell certain lots on the public lands east of Alabama river, and opposite the town of Cahawba, was read a third time and passed. On motion of Mr. Sims, Ordered, That the title of said bill be, An act to authorise the Governor to sell lots on the public lands east of the Alabama river and opposite the town of Cahawba.

A bill to be entitled an act to amend an act entitled an act for the inspection of lumber, and other articles therein named passed a Huntsville on the 17th December, 1819; and a bill to be entitled an act to provide for facilitating the navigation of the water courses in the State of Alabama- were ordered to lie on the table.

A bill to be entitled an act for the relief of James Ham, was read the first time, and ordered to be read a second time on Monday next.

A bill to be entitled an act to amend an act, passed at Huntsville 13th November, 1819, incorporating the town of Triana, and a bill to be entitled an act to incorporate the Flint River Navigation Company were severally read the first time.

On motion of Mr. Ringgold, the rule which requires al bills to be read on three several days be dispensed with, and said bills were severally read a second time by their captions, and ordered to be read a third time on Monday next.

A resolution appointing commissioners to review and mark out a road from the military crossing of the Buttahachee river to the fall of Tuskaloosa was read a third time and passed.

According to order the Senate resolved itself into a committee of the whole on a bill to be entitled an act to incorporate the subscribers to the Bank of the State of Alabama, 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 directed him to report the same with sundry amendments.

Mr. Garth moved that the question be taken on concurring in the first amendment made in the committee of the whole, by striking out these words in the 9th section, "that no stockholder shall be appointed director on the part of the State," and the question being taken thereon, it was decided in the affirmative; the yeas and nays being desired, those who voted in the affirmative are Messrs. President, Casey, Connor, Davis, Farmer, Gause, Herbert, Hodges, Hogg, Metcalf, Ringgold, Rose, Seabury, Sims, Trotter, and Ware, 16. Those who voted in the negative, are Messrs. Garth, Gaines and Terrel, 3.


(106)

The question being taken on concurring with the other amendments made in committee of the whole, and it was decided in the affirmative. Mr. Garth moved to amend said bill in the thirteenth section, by striking out 'all' after the word 'character' to the credit of their stock therein subscribed, 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. Garth, Hogg, Metcalf, Ringgold, and Terrel, 5. Those who voted in the negative are Messrs. President, Casey, Connor, Davis, Farmer, Gause, Gaines, Herbert, Hodges, Seabury, Sims, Trotter and Ware, 13.

Mr. Garth moved to amend said bill by adding the following: that no officer of state government shall be a director, nor shall any stockholder be a member of either branch of the General Assembly, 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, Garth, Metcalf and Terrel, 4. Those who voted in the negative, are Messrs. Casey, Connor, Davis, Farmer, Gause, Gaines, Herbert, Hodges, Hogg, Ringgold, Rose, Seabury, Sims, Trotter and Ware, 15. Mr. Casey, moved to amend said bill in the 13th section, and last line, by striking out 'charter' and the word 'credit,' and insert in lieu thereof, 'character' and 'amount' and the question being taken thereon, it was decided in the affirmative.

Mr. Gause from the Committee of Enrolled Bills, reported, that the committee had examined the following bills, and found the same duly enrolled:

An act for the relief of securities; An act to prevent obstructing or diverting from the natural channel any water course which would otherwise flow through the land of any person; An act to amend an act entitled an act for the government of the town of Cahawba, passed at Huntsville December 3, 1819.

Mr. Terrel asked and obtained leave for absence of the gentlemen from Lawrence county for the remainder of the session.

Mr. Garth moved the following resolution, which was granted: Resolved, That all business shall be taken up in order; and no gentleman shall make a motion to call up any bill but they shall be taken up by the chair in rotation.

On motion the committee of the whole was discharged from the further consideration of a bill to be entitled an act giving jurisdiction over water courses. Ordered, That said bill be engrossed and read a third time on Monday next.

On motion of Mr. Casey the committee of the whole was discharged from the further consideration of a bill to be entitled an act to indemnify Jack F. Ross; and said bill was read a third time and passed.

A bill to be entitled an act to provide for digesting the laws of Alabama, was read a third time and passed. Ordered,  That the title of said bill be an act to provide for digesting the laws of Alabama.

Resolution for the relief of the collector of taxes of Monroe county, was read a third time and passed.

A message from the House of Representatives, by Messrs. Perkins, and McMeans.


(107)

Mr. President and Gentlemen of the Senate,- The House of Representatives have passed the following bills:

A bill to be entitled an act to incorporate the Indian Creek Navigation Company; An act for the relief of the tax collector of Lauderdale county, and for other purposes; A resolution to authorise the payment of Daniel Rather, as Jailer of Madison county; An act to authorise the persons therein named to sell said transfer certain certificates of land; they have also concurred with the Senate in the resolution proposing the election of county officers, and will, agreeably thereto, receive the Senate at the hour of seven o'clock for that purpose.

A bill to be entitled an act to apportion the Representatives among the several counties of the state, and to divide them into senatorial districts according to the returns of the last census, was ordered to lie on the table.

On motion of Mr. Rose the Senate receded from the amendment made in the fourth section of the bill to organize the militia of this state, by striking the word "not." Ordered, That the Secretary acquaint the House of Representatives thereof.

A bill to be entitled an act to incorporate to the town of Erie, in the county of Greene was read a third time and passed.

A message from the House of Representatives, by Mr. Perkins.

Mr. President, -The House of Representatives are ready to receive the Senate in their chamber, for the purpose of proceeding to the election of Justices of the County Court, in the several counties in which vacancies have occurred, or in which no Justices have heretofore been elected. Whereupon the members of the Senate repaired to the Representative chamber, and proceeded to the election.

There being three vacancies in the County Court of Mobile, Nicholas Pope, William -------, and Philip McClosky, were nominated; the election being conducted viva voce, 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 Cooledge, and Henry Wheat were nominated; and all the members present voting for them, the Speaker announced them duly elected.

There being two vacancies in the county of Clarke, Jameson Andrews and William L. Paris were nominated; and all the members present voting for them, the Speaker announced them duly elected.

There being one vacancy in the county of Washington, William Shaw was nominated, and all the members present voting for him, the speaker announced him duly elected.

There being three vacancies in the county of Monroe, Samuel Fee, James Pickens and Benjamin Evans were nominated; and all the members present voting for them, the speaker announced them duly elected.

There being one vacancy in the county court of Conecuh, Andrew Jones was nominated; and all the members present voting for him the speaker announced him duly elected.


(108)

There being two vacancies in the county of Butler, James Lane and John Coleman were nominated; and all the members present voting for them, the speaker announced them duly elected.

There being one vacancy in the county of Wilcox, James A. Jack was nominated, and all the members present voting for him, the speaker announced him duly elected.

There being two vacancies in the county of Marengo, Shelby Corzene and Isaac C. Perkins were nominated; and all the members present voting for them, the speaker announced them duly elected.

There being one vacancy in the county of Greene, Louis Stevens was nominated; and all the members present voting for him, the speaker announced him duly elected.

There being one vacancy in the county of Perry, James L. Baird was nominated; all the members present voting for him, the speaker announced him duly elected.

There being one vacancy in the county of Dallas, David McCord and Oliver C. Brooks, were nominated. Those who voted for David McCord, are Messrs. Casey, Davis, Farmer, Garth, Gause, Gaines, Hanby, Herbert, Hodges, Hogg, Metcalf, Ringgold, Rose, Seabury, Sims, Terrel 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, Doxy, Davis, Duke, Edmundson, Evans, Fitzpatrick of Montgomery, Fitzpatrick of Autauga, Hill, Holderness, Leake, McKinley, Moore of Madison, Morton, Murrell, McVay, Perry, Rather, Shackleford, Sargeant , Tagert, Vining and Walker, 53. Those who voted for Mr. Oliver C. Brooks, are Messrs. President, McMeans Moore of Marion and Perkins, 4. Whereupon the speaker announced David McCord duly elected.

There being three vacancies in the county of Autauga, John Matthews, Jordon Abbot, and John G. Graham, were nominated; all the members present voting for them, the Speaker announced them duly elected.

There being three vacancies in the county of Montgomery, William Laprade, James McLemore, and William Graham were nominated, all the members present voting for them, the speaker announced them duly elected.

There being three vacancies in the county of Bibb, Samuel W. Davidson, Charles A. Dennis, and A. M. Lusk, were nominated, all the members present voting for them, the speaker announced them duly elected.

There being five vacancies in the county of Jefferson, there being no justices heretofore elected for the county Thomas Owen, William Rupe, Washington Allen, Darby Henly, and Moses Ayres were nominated; all the members present voting for them, the Speaker announced then duly elected.

There being one vacancy in the county of Cotaco, William Preddy was nominated; all the members present voting for him, the Speaker announced him duly elected.


(109)

There being four vacancies in the county of Marion, John D. Terrel, Samuel Beene, Jabez Fitzgerald, and George White were nominated; all the members present voting for them, the Speaker announced them duly elected.

There being one vacancy in the county of Lawrence, Beverly Reese was nominated; all the members present voting for him, the Speaker announced him duly elected.

There being one vacancy in the county of Lauderdale, James Files were nominated; all the members present voting for him, the speaker announced him duly elected.

There being one vacancy in the county of Limestone, James B. Lockhart was nominated, all the members present voting for him, the speaker announced him duly elected.

The two houses then proceeded to elect justices for the county of Pickens, Jacob Dansby, Solomon Marshall, Thomas Shannon, James Newman, and Ezekiel Nash, were nominated; all the members present voting for them, the speaker announced them duly elected.

The Senate then adjourned until 10 o'clock on Monday morning next.