SATURDAY, December 1, 1827.

The House met pursuant to adjournment.

Mr. Vining from the select committee to whom was referred the petition of sundry inhabitants of Madison county, praying an alteration in the mode of assessing taxes.  Reported a bill to be entitled "an act to alter and amend the laws respecting the assessment to taxes and for other purposes," which was read a first time and ordered to be read a second time.


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The committee ask leave to be discharged from the further consideration of that part of said petition which relates to the imprisonment of sheriffs and the ex officio compensation allowed sheriffs and clerks which was granted.  Ordered that so much of said petition as relates to the imprisonment of sheriffs, and the ex officio compensation allowed sheriffs and clerks be referred to the Judiciary committee.

Mr. Martin from the committee on propositions and grievances, to whom was referred the petition of William Mary and James Reynolds. praying to be relieved from the payment of part of the sum agreed by them to be given for the use of the ferry on the Alabama River, at the town of Cahawba, Reported that the prayer of the petitioners is unreasonable and ought not to be granted: in which report the House concurred.

Mr. Ellis presented the memorial of sundry inhabitants of Tuscaloosa county praying the passage of a law to remove the seat of Justice to the lots in the town of Tuscaloosa set apart for that purpose by the General Government, which was read and referred to the committee on propositions and grievances.

A message from the Senate by Mr. Lyon.

Mr. Speaker- The Senate concur in the resolution of your honorable body, appointing a Joint committee to examine the library of this state and report its condition; and what, if any, regulations be necessary for the same, and have appointed a committee on their part consisting of Messrs. Barton, Casey and Jackson.  They also concur in the resolution of your honorable body, inviting them to assemble in the representative Hall on to day at the hour of twelve o'clock, for the purpose of electing a Judge of the county court of St. Clair county.  They have read three several times and passed bills which originated in their House, entitled, "an act for the relief of William W. Garrard: an act for the relief of Henry Box: an act to give Justices of the Peace, jurisdiction of certain contracts therein named: an act for the relief of Pleasant Wright, former jailor of Greene county: and an act to amend an act entitled an act excluding from suffrage serving as jurors, and holding offices, such persons as may be convicted of bribery, forgery, perjury, and other high crimes and misdemeanors”. In all of which they respectfully ask your concurrence.  They have also passed a bill which originated in the House of Representatives, entitled "an act to provide for an extra term of the circuit court in Mobile county:" and then he withdrew.

Mr. Collier from the select committee to whom was referred a resolution of this House, directing them to draft a memorial to the Congress of the United States, praying that the federal Judiciary be extended to the state admitted into the Union since the last extension thereof, Reported a memorial to the Congress of the United States, praying an extension of the Federal Judiciary system: Ordered that said memorial lie on the table, and that sixty five copies thereof be printed for the use of this House.

Mr. Lawler from the select committee to whom was referred the petition of Benjamin Frost, praying the passage of a law to change the name of and legitimate a certain child therein named, Reported a bill to be entitled “an act to change the name of and legitimate a certain person therein named,” which was read a first time and ordered to be read a second time.

Engrossed bills from the Senate of the following titles, to wit: an act for the relief of William W. Garrard: an act for the relief of Henry Box: an


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act for the relief of Pleasant Wright, former Jailor of Greene county: an act to give Justices of the Peace jurisdiction of certain contracts therein named; an act to amend an at entitled an act excluding from suffrage, serving as Jurors, and holding offices, such persons as may be convicted of bribery, forgery, perjury, and other high crimes and misdemeanors, were severally read a first time and ordered to be read a second time.

Mr. Ward obtained leave to introduce a bill to be entitled "an act to establish a permanent seat of Justice in the county of Henry;" which was read a first time and ordered to be read a second time.

A bill to be entitled “an act to repeal in part an act passed the 27th December, 1814, then being under consideration.  Mr. Craig moved to amend the 2nd section, by adding after the word “property” the words “supposed to be;” which was adopted: the bill was then read a second time as amended, and ordered to be engrossed for a third reading.

A message was received from the Governor by James I. Thornton, secretary of State, which is as follows:

EXECUTIVE DEPARTMENT, November 30, 1827.

The Honorable the Speaker, and Members of the House of Representatives:

GENTLEMEN:- I beg leave to inform your honorable body, that I have this day received the resignation of John A. Fitts, Esq. Judge of the county court of Washington county I have the honor to be, most respectfully, Your obedient servant.

JOHN MURPHY.

And then he withdrew: which was laid on the table.

A bill to be entitled “ an act to make the return days of the county court certain and uniform throughout the state,” was read a second time, and engrossed for a third reading on Monday.

A bill to be entitled “an act to authorize the raising to ten thousand dollars for the purpose of improving the navigation of the Tennessee River, through Colbert's Shoals, and for building a bridge across Shoal Creek,” was on its second reading laid on the table.

A bill to be entitled “an act to amend an act entitled an act to incorporate the town of Mooresville and for other purposes,” passed the 16th day of November, 1818, was laid on the table.

Engrossed bill from the senate entitled “an act to amend an act entitled an act to incorporate the town of Florence; in the state of Alabama,” was read a first time: Ordered that the bill lie on the table until Tuesday next.

A bill to be entitled "an act to permit executors and administrators to sell the real estate of their testators of intestate where it may be for the benefit of the heirs."  Mr. Kelly moved to amend the bill by adding thereto, sundry additional sections: the bill was then laid on the table.

Mr. Vining moved to add a member to the committee on schools, colleges and universities, and school and university lands: Ordered that Mr. Sibley be added to the committee on schools, colleges, and Universities and school and college lands.

A bill to be entitled “an act to repeal an act passed 23d December, 1824, concerning divorce, and for other purposes” was laid on the table.

A bill to be entitled “an act giving longer stays on executions from Justices of the peace, an a longer time for constables to return executions directed to them by a Justice of the peace,” was on motion of Mr. Forrest referred to a select committee, consisting of Messrs. Forrest, Kelly, and Rather.

Mr. Greening obtained leave to introduce a bill to be entitled “an act


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amendatory of the common law as hereinafter provided:” which was read a first time and ordered to be read a second time on Monday next.

Mr. Russell obtained leave to introduce a bill to be entitled “an act to repeal the first section of an act entitled an act requiring the Judges of the circuit courts to alternate, and for other purposes;” which was read a first time.

Mr. Greening moved that the bill lie on the table- which was lost. The bill was then ordered to be read a second time on Monday next.

A bill to be entitled “an act to divide the twenty second regiment of the militia of this state” was referred to the military committee.  A bill to be entitled “an act to authorize Justices of the Peace to take the probate of deeds and the relinquishment of dower,” was read a second time and ordered to be engrossed for a third reading on Monday next.  a bill to be entitled “an act to revise in part a certain act therein specified.”- Mr. Craig moved that the bill lie on the table: which was lost- the bill was then read a second time and ordered to be engrossed for a third reading on Monday next.

A bill to be entitled “an act to permit witnesses and jurors to cross the Alabama and Cahawba rivers at town of Cahawba, free of cost.”  Mr. Walker moved to amend the bill by adding thereto an additional section, which was carried.  The bill was then, on Mr. Weisinger's motion, referred to a select Committee consisting of Messrs. Weissinger, Bridges, and Walker.  A bill to be entitled “an act in relation to the state house at Cahawba.”  Mr. Craig moved that the bill be referred to a select committee: which was carried- the bill was then referred to a select committee consisting of Messrs. Craig, Walker, Tarver, Sharp, and Broadnax. A bill to be entitled “an act to prohibit the importation of slaves into this state for sale or hire,” was referred to the committee on propositions and grievances.  A bill to be entitled “an act to change the mode of issuing process' by Justices of the Peace in civil cases,” was on motion of Mr. Terry, referred to the Judiciary committee.

Mr. Smith of Mad. offered the following resolution: Resolved that the committee on the State Bank, be instructed to inquire into the expediency of changing the time of payment from the first of January to the first of April, on all sums hereafter loaned from the said bank.  Mr. Vining moved that the resolution lie on the table: which was carried.

Engrossed bill from the Senate entitled “an act for the relief of William Ferguson,” was referred to a select committee consisting of Messrs. Daniel, Jack, and McVay of Law.

A bill to be entitled an act the more effectually to secure the compensation of Jurors, was referred to a select committee consisting of Messrs Greening, Smith of Clarke, Walker, Craig and Anderson, To consider and report thereon.  Engrossed bill to be entitled “an act limiting the duties of Grand Jurors,” was read a third time, and the question being put, shall this bill pass?  was determined in the affirmative.  Yeas 33- nays 29.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Acklen, Anderson, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Conner, Cook, Craig, Daniel, Dennis, Duke, Ellis, Forrest, Higgins, Jack, Kelly, Lewis, Massey, McRae of Frank. Moore of Jack. Price, Robertson, Sargent, Tarver, Terry, Vaughan, Ward, Weisinger, Wiggins- 33

Those who voted in the negative are

Mr. Speaker, Bell, Collier, Coopwood, Davis, Durrett, Edmondson, Greening, Harris, Lawler, Martin, McVay of Laud. McVay of Law. McRae of


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Mon, Moore of Mad. Perkins, Rainey, Rather, Richardson, Ross, Russell, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Vining, Walker, Walthal --  29

The bill was then passed: Ordered that the title be as aforesaid: Ordered the same be sent to the Senate for their concurrence. Engrossed bill to be entitled “an act authorizing Samuel B. Ewing administrator of Thomas Ewing deceased, to sell and transfer certain real estate;” which was read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

On motion of Mr. Bridges, Resolved that the Senate be informed that the House of Representatives is now ready to receive them into the Representative Hall, in pursuance of a resolution of the Houses.

Mr. Moore of Jack. who voted in the majority, moved to reconsider a vote given on the passage of a bill entitled “an act limiting the duties of grand Jurors”

A message from the Senate by Mr. Crabb.

Mr. Speaker- The Senate have read three several times and passed a bill to be entitled "an act providing a more summary mode for the trial of persons charged with the commission of affrays and assaults and batteries.  And a memorial to the Congress of the United States to postpone the sales of the public lands in the Cahawba and Tuscaloosa districts till the year 1829:" in both of which they ask the concurrence of your honorable body.  And then he withdrew.

Engrossed bill from the Senate entitled “an act providing a more summary mode for the trial of persons charged with the commission of affrays and assaults and batteries,” was read a first time and ordered to be read a second time on Monday next.

Mr. Ross moved that another member be added to the committee on apportionment: which was lost.

Mr. Massey presented the petition of sundry inhabitants of St. Clair county, recommending Polydore Naylor to be a fit and proper person to be Judge for said county; which was read and laid on the table.

Mr. Greening presented the petition of sundry inhabitants of Conecuh county, praying the right of controlling a certain mill pond in said county at certain season of the year; was referred to a select committee consisting of Messrs. Greening, Cool, and Dennis, to consider and report thereon.

The Senate having repaired to the Hall of the House of Representatives both Houses then proceeded to the election of a Judge of the county court of St. Clair county: John H. Garrett, James L. Lewis, and Polydore Naylor being in nomination.  For John H. Garrett, 41- For James L. Lewis, 30- For Polydore Naylor 1.

Those who voted for Mr. Garrett are,

Mr. Abercrombie, Barton, Casey, Crabb, Earle, Evans, Irwin, Jones, and Sullivan of the Senate, Messrs. Acklen, Anderson, Bell, Brown, Bridges, Connell, Collier, Cook, Coopwood, Davis, Dennis, Ellis, Forrest, Harris, Jack. Kelly, Lewis, McVay of Law. McRae of Mon. Moore of Mad. Perkins, Price, Rainey, Rather, Ross, Russell, Stoley, Smith of clarke, Stone, Vining, Ward, Wiggins.- 41.

Those who voted for Mr. Lewis are,

Mr. President, Ashe, Brown, Hubbard, Jackson, McCamy, Merriwether, Moore, Powell, Skinner of the Senate, Mr. Speaker, Bradford, Broadnax, Clark, Colgin, Conner, Craig, Daniel, Durrett, Duke, Ed-


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mondson, Greening, Lawler, Martin, McVay of Laud. Massey, McRae of Frank, Moore of Jack. Richardson, Robertson, Sargent, Sharp, Smith of mad. Tarver, Terry, Vaughan Walker, Walthall, Weisinger.- 39.

Those who voted for Mr. Naylor are Mr. Higgins- 1.

John H. Garrett having received a majority of votes, Mr. Speaker therefore declared him duly elected judge of the county court of St. Clair county.

And then the House adjourned until Monday morning, nine o'clock.