THURSDAY, December 13, 1827.

The House met pursuant to adjournment.  a message from the Senate by Mr. Lyon.

Mr. Speaker, the Senate have passed bills, which originated in the House of Representatives entitled, Ana ct to establish a permanent seat of justice in the county of Henry, an act to appoint commissioners for the county of Dale, and for other purposes, and have amended the same by adding thereto, an additional section, also an act to authorize the Sheriff of Walker county to execute precepts issued by justice of the peace, and have amended the same by adding the counties of Dale and Covington immediately after Walker, wherever it occurs in the bill, and by amending the other parts of the bill, so as to make it correspond with the first amendment, and also by changing the title of the bill, to an act to authorize the Sheriffs of Walker, Dale, and Covington counties, to execute precepts issued by justices of the peace.  In which several amendments they desire your concurrence, and then he withdrew: Ordered, that the House concur in the amendments made by the Senate to the bill entitled, an act to appoint commissioners for he county of Dale, and for other purposes by adding thereto an additional section: Ordered, that the House concur in the amendments made by the senate to the bill entitled, an act to authorize the sheriff of Walker county to execute precepts issued by justices of the peace, by adding the counties of Dale and Covington, immediately after "Walker" wherever it occurs in the bill, and by amending the other parts of the bill, so as to make it correspond with the first amendment, and also by changing the title of the bill to an act to authorize the Sheriffs of Walker, Dale, and Covington counties, to execute precepts issued by justices of the peace.

Mr. Greening presented the petition of sundry inhabitants of Monroe and Conecuh counties, praying the aid of the Legislature, on the subject of the 16th section of land, which was read and laid on the table.  Mr. Sibley presented the memorial of the grand jury of Baldwin county at November term of the circuit court of said county in the year 1827, praying the passage of a law to change the mode of punishing slaves for capital offences, which was read and referred to the select committee to whom was referred a memorial from Washington county on that subject. Mr. Anderson presented the petition of sundry inhabitants of Marengo county, praying the passage of a law for the relief of Dempsey Sturdevant, which was read and referred to the committee on propositions and grievances.  Mr. Collier presented the memorial of Edward Davis, praying compensation for repairs done to the State House, which was read and referred to the committee on propositions and grievances.

Mr. Sargent presented the account of Benjamin Hudson, sheriff of Franklin county, which was read and referred to the committee on accounts.

Mr. Daniel presented the petition of Andrew O. Horn, accompanied with the memorial of sundry inhabitants of Lawrence county, praying


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relief for the loss of a certain sum of money therein named; which was read and referred to the committee on propositions and grievances.

Mr. Ross from the committee on accounts to whom was referred the account of James Davis, claiming compensation for attendance as bailiff on the circuit court of Shelby county, Reported that said account is payable out of the county and not the state treasury, and ask leave to be discharged from the further consideration thereof.  Mr. Clark moved that a the report lie on the table: which was carried.

Mr. Ross from the committee on accounts to whom was referred a bill to be entitled “an act making compensation to Jesse Beene for certain services by him rendered, and for other purposes,” Reported the bill with an amendment: which was concurred in by the House, and the amendment adopted.

Mr. Ross from the committee on accounts to whom was referred the account of Davis McBridge, claiming compensation for attendance on the Grand Jury of Lawrence county, at the September term 1822, of the circuit of said county, Reported that said account is properly chargeable upon the county and not the state treasury; and ask leave to be discharged from the further consideration thereof.  Mr. Daniel moved that the report lie on the table: which was carried.

Mr. Ellis from the committee on enrolled bills Reported that they had examined and found correctly enrolled, bills of the following titles, to wit: an act to revive and continue in force an act entitled an act to provide for the choosing electors of President and Vice President of the United, passed December 26th 1823.  An act for the relief of Henry Box; and an act for the relief of William W. Garrard: all of which originated in the Senate.

Mr. Terry from the committee on privileges and elections, have examined the returns of the elections for representatives of the several counties in this state, and are of opinion that said representatives consisting in the whole number of sixty four, have been duly and constitutionally elected members of the present General Assembly.  Ordered that said report lie on the table.

On motion of Mr. Moore of Mad. Resolved that the committee on the state Capitol be instructed to direct the commissioners for superintending the erection of the said Capitol, to ascertain from the proprietor of lot No. 128, in the plan of the town of Tuscaloosa, the least lie will take for said lost and report to this House immediately.

Mr. Lawler from the select committee to whom was referred a bill to be entitled "an act to authorize County courts to alter state roads in certain cases.  Reported the same with the following amendments: at the end of fifth line insert “or when any state road can be altered so as to suit public convenience.”  After the word “aggrieved” in the seventh line, insert “or any person wishing to alter any state road for public convenience.”  Strike out of the fourth line from bottom of the first section the word “one” and insert “three:” which several amendments were adopted by the House.

Mr. Ellis from the select committee to whom was referred the petition of Henry T. Anthony, Reported a bill to be entitled “an act for the relief of Henry T. Anthony;” which was read a first time and ordered to be read a second time on tomorrow.

On motion of Mr. Stone Resolved that the committee on the State Bank be instructed to inquire into the expediency of making some amendment

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to the act entitled "an act to incorporate the Bank of the state of Alabama,” so as to regulate the time exceeding which no draft or bill of Exchange shall be discounted; and also the expediency of equalizing the time or date at which drafts may be discounted on the different places at which they may be payable.

Mr. Perkins from the committee on inland navigation to whom was referred a bill to be entitled “an act declaring Elk river and Big Shoal creek, public highways Reported the bill without amendment.”  The bill was then read a second time and ordered to be engrossed for a third reading on tomorrow.

Mr. Jack obtained leave to introduce a bill to be entitled “an act for the relief of Dugald McFarlane,” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Sibley obtained leave to introduce a bill to be entitled “an act to render overseers of roads accountable for certain monies coming into the hands;” which was read a first time and ordered to be read a second time on tomorrow.

A message from the Senate by Mr. Crabb.

Mr. Speaker- The Senate concur in the resolution of your honorable body proposing to go into the election of solicitors of the 4th and 5th Judicial circuits in this state; and a Judge of the county court of Washington county this day at half past 2 o'clock P.M.  They have also passed a bill originating with the Senate entitled "an act to organize and establish a circuit court in Dale county, and to arrange the counties of the first, second, and sixth judicial circuits;" in which they ask the concurrence of your honorable body.  and then he withdrew.

Mr. Sharp obtained leave to introduce a bill to be entitled “an act to provide for ascertaining the wishes of the citizens of Dallas county, with regard to the seat of Justice in said county;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Perkins from the select committee to whom was referred the memorial of William Ones and others, Reported a bill to be entitled “an act for the relief of William Jones, of walker county;” which was read a first time and ordered to be read a second time.

Mr. Collier obtained leave to introduce a bill to be entitled, an act to authorize the administrators of Daniel Mitchell to make and receive assurances of titles to certain real estate, which was read a first time and ordered to be read a second time on to morrow

Mr. McRae of Mon. obtained leave to introduce a bill to be entitled an act to authorize the Judge of the county court of Monroe county, and the commissioners of roads and revenue, to levy a special tax, for the purpose therein mentioned, which was read a first time and ordered to be read a second time.

Mr. McVay of Laud. moved to take from the table, a 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, which was carried.  Mr. Moore of Jack. moved to amend the bill by striking out the word “shall” with a view of inserting the word “may,” which was lost.  Mr. Higgins moved to amend the 2nd section of the bill by adding after the word “him or some other justice of the peace of said county,” which was adopted.

Mr. Vaughan moved to amend the bill, by striking out the sixth section which was lost.  Mr. Collier moved to refer the bill to the judiciary committee, which was lost.  Mr. Kelly moved to amend the bill by way


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of the following proviso, “provided that in all cases arising under this act, the defendant or defendants, on his, her or their appearance before the magistrate, shall have a right to object to any final trial of such cause, and if such objection shall be made, the magistrate shall only have power to examine and bind the parties to court, or discharge them as heretofore, and provided also that if no such objection be made to a final trial, the said justice shall progress with the trial, and if the defendant or defendants require it, a jury shall be summoned to try the cause and assess the fine.  Mr. Ellis moved to amend the proviso, by striking out all after the last proviso, which was lost.  Mr. McVay of Law. moved to amend the proviso, by adding after the word “jury,” “of five” men.  Mr. Jack moved to amend the amendment by inserting “seven” in stead of "five."  The question was then put on the adoption of Mr. Kelly's amendment and lost.  Mr. Smith of Clark then moved that the bill lie on the table until the first day of the next session of the General Assembly, which was carried, yeas 33 nays 28.

The yeas and nays being desired, those who voted in the affirmative are.  Mr. Speaker, Acklen, Bradford, Bonnell, Colgin, Collier Conner, Cook, Dennis, Forrest, Greening, Harris, Jack, Kelly, Lewis, Martin, McRae of Mon. Moore of Mad. Perkins, Rainey, Richardson, Ross, Sharp, Sibley, Smith of Clark, Stone, Tarver, Vining, Walker, Walthal, Ward, Weisinger, Wiggins, 33.

Those who voted in the negative are, Mr. Anderson, Bell, Brown, Broadnax, Bridges, Clark, Craig, Daniel, Davis, Durrett, Duke, Ellis, Edmondson, Higgins, Lawler, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of Jack. Price, Rather, Robertson, Russell, Sargent, Smith of Mad. Terry, Vaughan, 28.

A message from the Senate by Mr. Lyon.

Mr. Speaker, the Senate have passed a bill which originated in the House of Representatives, entitled an act to incorporate the Blakely and Greenville Turnpike company, and have amended the same in the manner herewith shown, in which they ask your concurrence, and then he withdrew.

A message from the Senate by Mr. Lyon.

Mr. Speaker, the Senate have appointed a committee on their part consisting of Messrs. Hubbard and Brown, to confer with such committee as may be appointed on the part of your Honorable Body on the subject, matter of disagreement between the two Houses, in relation to the amendment made by the House of Representatives, to be entitled, an act for the relief of William Ferguson, in which they ask your concurrence.

They have passed a bill which originated in their House entitled, an act relative to the duties of grand jurors, in which they desire your concurrence.

They have also passed bills which originated in your Honorable body entitled, an act to divide the 22d Regiment of the militia of this state, and have amended the same, in the manner herewith shewn, also an act to authorize Isham R. Houze to bring to this state the slaves of Susan B. Houze, and have amended the same by striking the proviso from the end of the 1st section thereof, and by substitution the accompanying proviso in lieu thereof, in which amendments they respectfully desire your concurrence.

They have also passed a joint resolution, adopting a plan for the state Capitol, which originated in the House of Representatives, and have a-


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mended the same by striking there from, the words “plan for state Capitol,” endorsed by the Clerk of the House of Representatives, and have inserted the words, plan for state Capitol endorsed by the Secretary of the Senate, and by adding thereto an additional resolution. The enlarged plan adopted by the Senate and endorsed “plan for state Capitol” by the Secretary of the Senate is herewith communicated to the House, and I am directed by the Senate to ask the concurrence of the House of Representatives therein, and then the House adjourned to half past 2 o'clock.

EVENING SESSION, Half past 2 o'clock.

The House met pursuant to adjournment.

On motion of Mr. Forrest: Resolved, that the Senate be informed that the House of Representatives are now ready to receive them to proceed to the election of Solicitors for the 4th and 5th judicial circuits, and a Judge of the county court of Washington county, and that the east end of Hall be assigned for their reception.

The Senate having repaired to the Hall of the House of Representatives both Houses then proceeded to the election of a Solicitor for the 4th judicial circuit.

Joshua L. Martin being in nomination, for Joshua L. Martin 75 votes those who voted for Mr. Martin are.

Mr. President, Abercrombie, Ashe, Barton, Brown, Casey, Earle, Evans, Hubbard, Irwin, Jackson, Jones, McCamy, Merriweather, Moore, Powell, Shackleford, Skinner, Sullivan, of the Senate. Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnel, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, McVay, Laud. McVay Law. Massey, McRae of Mon. McRae of Frank. Moore of Mad. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining Walker, Ward, Weisinger, Wiggins, 75 votes.

Joshua L. Martin having received a majority of votes, Mr. Speaker therefore declared him duly elected Solicitor of the fourth circuit.

Both Houses then proceeded to the election of a Solicitor of the 5th judicial circuit.

James M. M. White, Samuel D. Moore, and Joseph Eastland, being in nomination.

For James M. M. White, 43 votes, for Samuel D. Moore, 36 votes for Joseph Eastland, 1 vote.

Those who voted for Mr. White are Messrs. President, Abercrombie, Barton, Crabb, Earle, Irwin, Jackson, Jones, Powell, Shackleford, of the Senate. Mr. Acklen, Bell, Broadnax, Bonnell, Collier, Cook, Craig, Daniel, Durrett, Edmondson, Harris, Jack, Lawler, Lewis, Martin, McRae of Mon. Moore of Mad. Perkins, Rather, Ross, Robertson, Russell, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Vaughan, Vining, Walthal, Ward, 43

Those who voted for Mr. Moore are, Mr. Ashe, Brown, Casey, Evans, Hubbard, McCamy, Merriwether, Moore, Skinner, Sullivan of the Senate Mr. Speaker, Anderson, Brown, Bridges, Clark, Colgin, Conner, Davis, Dennis, Duke, Ellis, Forrest, Greening, Higgins, McVay of Laud. McVay of Law. Massey McRae of Frank. Price, Rainey, Richardson, Sargent Terry, Walker, Weisinger, Wiggins, 36.

Mr. Kelly voted for Mr. Eastland.

Mr. White having received a majority of votes, Mr. Speaker therefore


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declared him duly and constitutionally elected Solicitor of the 5th judicial circuit.

Both Houses then proceeded to the election of a Judge of the county court of Washington county. Josiah D. Lister being in nomination.

Those who voted for Mr. Lister are, Mr. President, Abercrombie, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jackson, Jones, McCamy, Merriwether, Moore, Powell, Shackleford, Skinner, Sullivan of the Senate. Mr. Speaker Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, 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 Mad. Perkins, Price, Raney, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins 80.

Mr. Lister having received a majority of votes, Mr. Speaker therefore declared him duly elected Judges of the county court of Washington county.

Ordered that the House concur with the Senate in appointing a committee of conference upon the subject, matter of disagreement between the two Houses, in relation to the amendment made by the House of Representatives, to the bill entitled, an act for the relief of William Ferguson, whereupon Messrs. Daniel, Craig, and Sharp, were appointed said committee.

Ordered that the House concur in the amendment made by the Senate, to the bill entitled an act to divide the 22d regiment of the militia of this state, by adding thereto an additional section.

Ordered that the House concur in the amendment made by the Senate to the bill entitled, an act to authorize Isham R. Houze to bring to this state the slaves of Susan B. Houze, by striking out the proviso from the end of the 1st section thereof, and by substituting the accompanying proviso in lieu thereof.

A joint resolution adopting a plan for the state Capitol was on motion of Mr. Greening laid on the table.   Engrossed bill entitled “an act to incorporate the Blakely and Greenville turnpike Company,” was on motion of Mr. Cook laid on the table. Engrossed bill from the Senate entitled “an act relative to the duties of Grand Juries” was read a first time and ordered to be read a second time on tomorrow.

Mr. Forrest moved to take from the table a bill to be entitled “an act for the more speedy trial of chancery causes:” which was lost.

On motion of Mr. Collier the House resolved itself into a committee of the whole House, on a bill to be entitled “an act for providing for the more speedy collection of debts due to the bank of the state of Alabama and for other purposes.” Mr. McVay of Laud. in the chair: and after some time spend in the consideration of the same, the committee rose: Mr. Speaker resumed the chair, and leave was asked to be discharged from the further consideration thereof: which was granted. The bill was then referred to a select committee consisting of Messrs. Collier, Greening Terry, Harris, and Ross.

Engrossed bill from the Senate entitled “an act to organize and establish a circuit court in Dale county; and to arrange the counties of the first, second and sixth Judicial circuits.” was read a first time and ordered to be read a second time on tomorrow. A bill to be entitled “an act to divorce Winney Gaines from her husband Francis T. Gaines,” was read a second time and ordered to be engrossed for a third reading


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on tomorrow. A bill to be entitled “an act to provide for the support of paupers” was on motion of Mr. Moore of Mad. referred to a select committee: whereupon Messrs. Moore of mad. Perkins, Terry, Vining, Craig and Bridges, were appointed said committee.

Mr. Ross moved that the bill to be entitled “an act to repeal an act passed the 12th days of January 1827, entitled an act to require additional services to be performed by the Judge of the first judicial circuit in this state, be referred to a select committee;” which was lost. Yeas 25 -nays 33. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Bonnell, Colgin, Collier, Conner, Cook, Durrett, Duke, Edmondson, Harris, Jack, McRae of Frank. Moore of Mad. Perkins, Rainey, Rather, Ross, Sharp, Sibley, Stone, Tarver, Vaughan, Walker, Walthal- 25.

Those who voted in the negative are,

Mr. Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Clark, Daniel, Davis, Dennis, Ellis, Forrest, Greening, Higgins, Kelly, Lawler, McVay of Laud. McVay of Law. Massey, McRae of mon. Moore of Jack. Price, Richardson, Robertson, Russell, Sargent, Smith of Clarke, Smith of mad. Terry, Vining, Ward, Weisinger, Wiggins- 35.

The bill was then read a second time and ordered to be engrossed for a third reading tomorrow. And then the House adjourned until tomorrow 10 o'clock.