WEDNESDAY, December 12th 1827.

The House met pursuant to adjournment, Mr. Massey presented the petition of sundry inhabitants of St. Clair county, praying the passage of a law to restore Samuel Battles to the rights of citizenship, which was read and referred to the judiciary committee.

Mr. McRae of Mon. presented the petition of sundry inhabitants of Monroe county, praying the passage of a law to attach part of Monroe county to Clark county, which was read and referred to the committee on county boundaries.  Mr. Bridges offered the following resolution:


91

Resolved, that the committee on county boundaries be instructed to enquire into the expediency of so altering the boundaries of the counties situate and lying on both sides of the Alabama river, and of the counties adjoining them, as to make said river a county boundary, to report by bill or otherwise, which was lost.  Mr. Bonnell presented the petition of sundry inhabitants of Montgomery county, praying the passage of a law to establish an election precinct at the store of William P. Fisher, in lieu of the one at Howell Tatums, which was read and laid on the table. Mr. Daniel presented the petition of sundry inhabitants of Lawrence county, praying the passage of a law for the relief of Andrew O. Horn, Tax Collector of said county, which was read and referred to the committee on propositions and grievances.  Mr. McRae of Frank, presented the petition of sundry inhabitants of Franklin county, praying the aid of the Legislature to establish a bank of discount and deposit at Tuscumbia, which was read and laid on the table.  Mr. Vining from the committee on schools colleges and universities and school and university lands, to whom was referred a resolution of this House, referring so much of the Governor's Message as relates to education and the location of the university; Reported, that they deem it inexpedient to locate the university at this session; Ordered, that said report be on the table. Mr. Bridges from the committee on apportionment to whom was referred the returns of the census of the State, reported 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 late census, which was read a first time and ordered to be read a second time on tomorrow.  Mr. Greening from the judiciary committee to whom was referred a resolution of the House, instructing them to enquire into the expediency of providing a more speedy remedy on bonds given to keep the prison bounds, and to deliver in a schedule a property with a view to take the insolvent oath, reported a bill to be entitled, an act to give a more summary remedy on bonds to take the prison bounds, and to surrender property with a view to take the insolvent oath; which was read a first time and ordered to be read a second time on tomorrow.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act to alter and amend an act establishing the fees of the clerk of the supreme court of errors and appeals,” Reported the bill without amendment.  Mr. Kelly moved that the bill lie on the table which was carried.

A message from the Senate by Mr. Lyon

Mr. Speaker- The Senate have passed a bill which originated in their House, entitled “an act for the relief of securities” in which they desire your concurrence.  They have also passed a bill which originated in the House of Representatives entitled “an act to authorize the people of the county of Bibb to fix the permanent seat of Justice in said county, and for other purposes.”  And then he withdrew.

Mr. Colgin from the select committee to whom was referred a resolution that a committee of five members of this House be appointed to instruct our members in Congress from this state, to petition the President of the United States to postpone the sales of the public lands in the districts of Cahawba and Tuscaloosa as now advertised, ask leave to be discharged from the further consideration thereof: inasmuch as the subject embraced in said resolution has been acted on by both branches of the legislature: which was granted.


92

Mr. Rainey obtained leave to introduce a bill to be entitled “an act authorize Wyatt Harper, administrator of William Bates deceased, sell and transfer real estate,” which was read a first time and ordered be read a second time on tomorrow.

On motion of Mr. Collier Resolved that the committee on the state Capitol be instructed to inquire into the expediency of providing by law for the sale of the property belonging to the state in the town of Cahawba and its vicinity.

Mr. McRae of Frank. obtained leave to introduce a bill to be entitled an act extending the duties of the school commissioners of the 16th sections, which was read a first time, and the question being put, shall the bill be read a second time on tomorrow?  it was determined in the affirmative.  Yeas 50- nays 9.  The yeas and nays being desired, those who voted in the affirmative are.

Mr. Speaker, Anderson, Bell, Bradford, Brown, Broadnax, Bonnett, Clark, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Kelly, Mardis, McVay of laud. McVay of Law. Massey, McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Rainey, Rather, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clarke, Stone, Tarver, Terry, Vaughan, Walker, Ward, Weisinger, Wiggins- 50.

Those who voted in the negative are,

Mr. Acklen, Jack, Lawler, Perkins, Price, Richardson, Smith of mad. Vining, Walthal- 9.

Mr.  Cook obtained leave to introduce a bill to be entitled “an act to authorize the county court of Butler county to make further sales of lots in Greenville;” which was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill from the Senate entitled “an act for the further relief of securities” was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill to be entitled “an act relative to Sheriffs' sales” was read a third time.  Mr. Walker moved to reconsider the vote taken on filling the blank in the first section with “thirty” which was lost.  Mr. Brown moved to amend the bill by way of the following engrossed ryder. Provided that this act shall not so extend to counties in which no newspaper is printed: which was adopted.  Mr. Craig moved further to a mend the bill by way of the following engrossed ryder: Provided that nothing in this act shall be so construed as to exonerate officers from advertising in such manner as is now provided by law; which was adopted. And the question being put, shall this pass?  it was determined in the negative.  Yeas 8,- nays 52.  The yeas and nays being desired, those voted in the affirmative are,

Mr. Broadnax, Bonnell, Colgin, Conner, Craig, Durrett, Smith of Clark, Stone- 8.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Bridges, Clark, Collier, Cook, Daniel, Davis, Dennis, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon. McRae of Frank. Moore of Jack. Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Sibley, Smith of mad. Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins -52.

Engrossed bill from the Senate entitled “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 misdemeanor,” was read a third time and passed.  Or-


93   (page originally numbered 94)

dered that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate entitled “an act for the benefit of the Pikeville Library company” was read a second time and ordered to be read a third time on tomorrow.   A bill to be entitled “an act to declare void a certain rule of the supreme court.  Mr. Lewis moved that the bill be referred to the Judiciary committee: which was carried.  Engrossed bill from the Senate entitled “an act to incorporate the Sommerville Philomathian society” was referred to a select committee consisting of Messrs Vaughan, Craig and Rather.

Bills of the following titles to wit: an act for the relief of James Holmes - an act to authorize James Mahan, William Lovelady, John Gardner, and Ransom Davis to enter a certain quantity of university land, for the purposes herein mentioned.  A joint resolution in relation to the Cherokee boundary, were severally read a second time and ordered to be engrossed for a third reading on tomorrow.

Engrossed bill from the Senate entitled “an act to amend an act entitled an act to incorporate the town of Elyton in the county of Jefferson,” passed December 20, 1820.  Mr. Forrest moved to refer the bill to a select committee: which was carried.  The bill was then referred to Messrs Forrest, Brown, and Jack.

A bill to be entitled an act to provide for the payment of that part of the revenue raising from tavern and retail licenses and Houses of entertainment, into the treasury of the counties respectively.  Mr. Stone moved that the bill lie on the table, which was carried.

The House then resolved itself into a committee of the whole House on a bill to be entitled “an act to authorize the sales of sixteenth sections and for other purposes” Mr. Vining in the chair: and after sometime spent therein the committee rose, and Mr. Speaker resumed the chair, and Mr. Vining from the committee of the whole House, reported progress, and leave was asked until Monday next to sit again; which was granted.  Engrossed bill from the Senate entitled "an act to give Justices of the peace jurisdiction of certain contracts therein named," was read a second time and ordered to be read a third time on tomorrow.

On motion of Mr. Ross Resolved with the concurrence of the Senate, that the two Houses will tomorrow at half past two o'clock P.M.  go into the election of solicitors of the 4th and 5th Judicial circuits in this state, Mr. Harris moved to amend the resolution by adding the words "as also a Judge of the county court of Washington county:" which was adopted.

Engrossed bills of the following titles to wit: memorial to the congress of the United States on the subject of the extension of the federal judiciary system so as to admit the states received into the Union since the last extension thereof to a participation of its benefits.  An act to revive and continue in force an act passed the 31st day of December 1822 entitled an act to incorporate the town of Jonesborough in the county of Jefferson; joint resolution requiring the Comptroller of public accounts to furnish the tax collectors and county court Clerks with a certified copy of the revenue laws of this state.  An act to amend an act to authorize Clerks and Magistrates to collect cost in certain cases, were severally 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.

Engrossed bill s to be entitled, an act to amend and explanatory of an act to authorize William H. Ragsdale and his associates to turnpike a


94 (page originally numbered 95)

road therein specified, passed 14th day of January 1826.  Mr. McRae of Frank. moved to amend the bill bay way of the following engrossed ryder. “Provided, that nothing in this act shall be so construed as to authorize the said Ragsdale to place a gate on any part of the old military road, unless the said Ragsdale shall think proper to keep in repair said military road.”  Mr. Martin moved that the bill together with the amendment lie on the table, which was carried.  a bill to be entitled, an act to alter the boundaries of several counties therein named.  Mr. Lewis moved that the bill be referred to a select committee, whereupon Messrs. Bonnell, Dennis, and Cook, were appointed said committee, and then the House adjourned till half past 2 o'clock.

EVENING SESSION, Half past 2 o'clock.

The House met pursuant to adjournment.

Mr. McVay of Law. moved to take from the table a bill from the Senate entitled, an act for the relief of William Ferguson, which was carried, Mr. McVay of Law. then moved that the House adhere to their amendment to said bill, which was carried.   A bill to be entitled, an act to aid in the endowment of a humane charity Hospital, in the city of Mobile.   Mr. McVay of laud. moved that the bill be referred to the committee on ways and means, which was lost, the bill was then read a second time and ordered to be engrossed for a third reading on to morrow. A bill to be entitled, an act to amend the third section of an act passed at the last session of the Legislature, to compensate the commissioners appointed by the Governor, for ascertaining and marking the permanent boundary line between this State and Georgia, was read a second time and ordered to be engrossed for a third reading.   A bill to be entitled, an act to amend the laws now in force respecting Justices of the peace and constables.  Mr. McVay of Laud. moved to amend the bill by striking out the third section, which was lost.  Mr. Lawler then moved that the bill lie on the table till Saturday next, which was carried.  A bill to be entitled, an act to authorize county courts to alter state roads to certain cases.  Mr. Jack moved to amend the same by striking out the word "county" and inserting in lieu thereof the word "land," which was carried.  Mr. Lawler then moved that the bill be referred to select committee, which was carried, and thereupon Messrs. Lawler, Craig, and Jack, were appointed said committee.  A bill to be entitled, an act altering the punishment of forgery and counterfeiting in certain cases. Mr. Terry moved to amend the bill by striking out such parts as relates to branding, which was lost.  Mr. Durrett moved to strike out so much of said bill as relates to the punishment by death for forgery, which was lost.  Mr. Kelly moved to amend the third section of the bill by striking out the words "which now are or hereafter may be passing or in circulation in this state, which was carried, the bill was then read as amended a second time and ordered to be engrossed for a third reading.

A bill to be entitled, an act authorizing the heirs representatives and associates of John Byler deceased, to erect a gate upon the road known by the name of Bylers Turnpike road.  Mr. Duke moved to amend the bill by inserting after the word Walker the word Marion, which was carried.  Mr. Collier moved to lay the bill on the table till Monday next, which was carried.

A bill to be entitled, an act authorizing the trustees of the town of Sommerville, to extend the corporate limits of said town.  Mr. Rather moved that the bill lie on the table, which was carried.


95

A bill to be entitled, an act to define the corporate limits of the town of Sparta, in Conecuh county.  Mr. Cook moved to amend the bill by adding thereto, an additional section, which was carried, the bill was then read a second time as amended, and ordered to be engrossed for a third reading.

A bill to be entitled, an act to provide for ascertaining the sense of the citizens of Autauga county with regard to the seat of Justice in said county, was read a second time and ordered to be engrossed for a third reading.

A bill to be entitled, an act concerning the estates of deceased persons.

Mr. Collier moved to amend the second section of the bill by striking out the words “at the rate of five percentum,” and inserting in lieu thereof the words “such interest as said Judge and jury may think reasonable and proper, not exceeding eight percentum,” which was carried.  Mr. Collier moved to amend the bill further, by adding an additional section, which was carried.  Mr. Craig moved to amend the bill by way of the following proviso: Provided that this act shall not take effect until the first day of August next, which was lost.  Mr. Daniel moved to amend the bill by striking out all of the first section after the words "real estate." in the twentieth line from the enacting clause, which was lost, the bill was then read a second time as amended and ordered to be engrossed for a third reading.

On motion of Mr. Greening: Resolved, that the committee on ways and means be instructed to enquire into the propriety of defining by law, in what cases taxes should be paid on the sale of ardent spirits.

A bill to be entitled, an act to amend a certain act therein mentioned, was read a second time and ordered to be engrossed for a third reading. A bill to be entitled, an act to amend the several acts now in force relative to the militia and patrol laws of this state.  Mr. McVay of Laud. moved that the further consideration thereof be indefinitely postponed, which was lost, yeas 19, nays 42.  The yeas and nays being desired. Those who voted in the affirmative are.

Messrs. Bardford, Clark, Collier, Craig, Davis, Ellis, Edmondson, Frrest, McVay of Laud. McVay of Law. Massey, Moore of Mad. Price, Robinson, Sargent, Smith of mad. Walker, Ward, Weisinger, 19.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Brown, Broadnax, Bridges, Bonnell, Colgin, Conner, Cook, Daniel, Dennis, Durrett, Duke, Greening, Harris, Higgins, Jack, Kelly Lawler, Lewis, Martin, McRae of Mon. McRae of Frank. Moore of Jack. Perkins, Rainey, Rather, Richardson, Ross, Russell, Sharp, Sibley, Smith of Clark, Stone, Tarver, Terry, Vaughan, Vining, Walthal, Wiggins.

Mr. Jack then moved that the bill be referred to the military committee, which was carried.  Mr. Perkins offered the following resolution: Resolved, that the committee to whom is referred, the bill relating to militia and patrol duty, be and they are hereby instructed to exclude all that part relating to drills and parades for a number of days, which was adopted, yeas 37, nays 24.  the yeas and nays being desired, those who voted in the affirmative are.

Messrs. Bell, Brown, Broadnax, Bridges, Connell, Clark, Colgin, Collier, Conner, Cook, Daniel, Dennis, Durrett, Ellis, Edmondson, Forrest, Kelly, Lawler, Martin, McVay of Law. Massey, McRae of Frank. Moore of Jack. Perkins, Price, Rainey, Richardson, Robertson


96

Russell, Sargent, Sharp, Smith of Clark, Tarver, Walker, Walthal, Ward, Weisinger, 37.

Those who voted in the negative are.

Messrs. Speaker, Acklen, Anderson, Bradford, Craig, Davis, Duke, Greening, Harris, Higgins, Jack, Lewis, McVay of Laud. McRae of Mon. Moore of Mad. Rather, Rose, Sibley, Smith of Mad. Stone, Terry, Vaughan, Vining, Wiggins, 24.  and then the House adjourned until to morrow 10 o'clock.