FRIDAY, December 14, 1827.

The House met pursuant to adjournment.

Mr. Tarver presented the petition of the medical Board at Cahawba; praying the passage of a law to remove the place of holding said Board from Cahawba to the town of Selma, and to apply the funds for examination as compensation to said board for their services: which was read and referred to a select committee consisting of Messrs. Tarver, Walker, and Sharp.

Mr. Jack presented the account of Andrew Northington, which was read and referred to the committee on accounts.

Mr. Rainey presented the account of Daniel Green, which was read and referred to the committee on accounts.

Mr. Higgins presented the petition of sundry citizens of the town of Montgomery, praying the passage of a law to amend the charter of incorporation, which was read and referred to a select committee consisting of Messrs Higgins Lewis and Bonnell.

Mr. Clark, presented the petition of sundry inhabitants of Bibb county praying the aid of the legislature on the subject of a stay law, which was read and referred to the committee on propositions and grievances.

Mr. Lawler presented the petition of sundry inhabitants of Shelby county, praying that an act may pass to elect a Justice of the peace in the town of Columbia in said county; which was read and referred to a select committee consisting of Messrs. Lawler, Clark and Daniel.

Mr. Moore of Jack. from the committee on the state capitol to whom was referred a resolution instructing them to direct the commissioners for superintending the erection of the state capitol, to ascertain the price of lot No. 129 and report immediately have performed that duty, and report statements in writing by Mr. Lewis the proprietor and of a majority of the commissioners containing the information required. Ordered that said report together with the accompanying document lie on the table.


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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 for the relief of Pleasant Wright, former Jailer of Green county: An act to amend an act entitled an act to incorporate the town of Florence in the state of Alabama, which originated in the Senate; An act to compel solicitors to reside within their respective circuits, which originated in this House.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of sundry inhabitants of Tuscaloosa county and a memorial of sundry inhabitants of the same county, on the subject of the location of the seat of Justice for said county, Reported a bill to be entitled “an act to locate the seat of justice in the county of Tuscaloosa,” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Vining from the select committee to whom was referred a bill to be entitled “an act to repeal an act passed 23d December 1824, concerning divorce and for other purposes,” reported the bill without amendment. Mr. Vining then submitted an amendment which was to strike out all after the enacting clause, which was concurred in and adopted by the House

Mr. Acklen from the select committee to whom was adopted by the House be entitled, “an act to authorize the raising of ten thousand dollars for the purpose of improving the navigation of the Tennessee river through Colbert's Shoals, and building a bridge across Shoal Creek,” Reported the bill with the following amendments: strike out the word “ten” in the second line at the caption and insert “three:” strike out all from the word “of” in the second line to the word “building” in the third line; strike out all from the word “Lauderdale” in the ninth and tenth line including the word “Franklin” where it occurs in the 14th line: strike out the word “ten” in the 15th line and insert the word “three:” strike out all from the word “of” at the end of the 15th line to the word ‘of build’ in the 17th line; strike out the word “five” where it occurs in the 22d and insert the word “three;” strike out the words “each of” when they occur in the 3d line of the 5th section; strike out the word “grand” where it occurs in 8th line of the 5th section: all of which amendments were concurred in and adopted by the House.

Mr. Bridges from the select committee to whom was referred a bill to be entitled “an act to regulate the inspection of tobacco in this state.” reported the bill without amendment. The bill was then read a second time and ordered to be engrossed for a third reading on tomorrow.

On motion of Mr. Walthal, Resolved that the committee to which was referred so much of the Governor's message as relates to the public lands within this state, be instructed to take into consideration the situation of that class of lands that were forfeited during the present year, with a view to afford relief to the original purchasers of such lands.

On motion of Mr. McRae of Frank. Resolved that the select committee appointed to draft a memorial to the Congress of the United States to relieve the purchasers of public lands &c be requested to inquire into the propriety of instructing our Senators and requesting our Representatives to use their best exertions to have a law passed authorizing the school commissioners of the sixteenth sections, to relinquish such part or the whole of said sections as may be fond not to be good and enter any land that may be relinquished or not otherwise appropriated or forfeited in their own townships and appropriated in the same way that the 16th section were intended to be appropriated.


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A communication was received from the Governor by James I. Thornton, Secretary of state,  which is as follows:

EXECUTIVE DEPARTMENT, December 14, 1827.

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

GENTLEMEN:-- I have the pleasure herewith to transmit you a communication from the Board of Trustees, recommending the location of the University of Alabama.

I have the honor to be, most respectfully,

Your obedient Servant;

Signed  JOHN MURPHY.

And then he withdrew. Ordered that said communication together with the accompanying document be referred to a select committee: whereupon Messrs. Rainey, Walthal, and Martin, were appointed said committee.

Mr. Clark moved to take from the table the report of the committee on accounts, on the claim of James Davis; which was carried. The report was then recommitted to the same committee.

Mr. Daniel moved to take from the table the report of the committee on accounts on the claim of David McBride, which was carried, the report was then recommitted to same committee.

Mr. Sibley moved to take from the table an engrossed bill entitled “an act to incorporate the Blakely and Greenville turnpike company:” which was carried. Mr. Greening moved to amend the 9th section of the bill by way of the following engrossed ryder. “Provided that no pikeage in passing to and from Claiborne,” which was adopted. Ordered,  that the House concur in the amendment made by the Senate to said bill in the 8th section thereof, by inserting after the words “Jersey wagon, twelve & a half cents;” insert “each large Jersey or covered wagon with two horses” and by adding a proviso to the end of the ninth section:

Mr. Rather moved to take from the table a bill to be entitled “an act to provide for the payment of that part of the revenue arising from tavern and retail licenses and Houses of entertainment, into the treasury of the counties respectively:” which was carried. Mr. Greening then moved that the further consideration of the bill be indefinitely postponed; which was carried. Yeas 44- nays 16.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Speaker, Acklen, Bradford, Brown, Broadnax, Bonnell, Clark, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, McVay of Laud. McRae of mon. McRae of Frank. Moore of Jack. Perkins, Rainey, Richardson, Robertson, Russell, Sargent, Sharp, Smith of Clarke, Tarver, Terry, Vaughan, Walthal, Ward, Wiggins- 44.

Those who voted in the negative are,

Mr. Anderson, Bell, Bridges, Edmondson, Lawler, McVay of Law. Massey, Moore of Mad. Price, Rather, Sibley, Smith of mad. Stone, Vining, Walker,Weisinger.

Mr. Forrest moved to take from the table an engrossed bill entitled “an act for the more speedy trial of chancery causes” which was carried Mr. Forrest then moved to amend the 2nd section by way of engrossed ryder, by adding after the word “districts” the words “in which they may deem it necessary and expedient to do so” Mr. Forrest then moved an amendment to the end of the fifth section by way of engrossed ry-


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der: which was adopted. Mr. Jack then moved to amend the 10th section of the bill by way of engrossed ryder, after the word “Justice,” “or within one mile thereof;” which was adopted. Mr. Kelly moved to amend the 12th section of the bill after the word “page” with the words “containing one hundred words.” Mr. Forrest moved to amend the bill by adding thereto an additional section numbered 13, which was adopted. Mr. Craig moved that the bill lie on the table till the first day of June next; which was lost. Mr. Clark moved to amend the 6th section by adding after the word “chancery” the words “except as to giving the bond and taking the oath required of the masters in chancery” which was adopted. Mr. Forrest moved to amend the title of the bill by adding the words “to provide;”  which was carried. The bill was then read a third time and amended and passed. Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Mr. Walker moved to take from the table a bill to be entitled “an act to establish a certain election precinct in Marengo county,” which was carried. The bill was then referred to a select committee consisting of Messrs Walker Anderson and McVay of Laud.

Ordered that Mr. Rainey have leave of absence until 12 o'clock on Monday next.

Mr. Walker obtained leave to introduce a bill to be entitled “an act to regulate sales of property by constables” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Cook obtained leave to introduce a bill to be entitled “an act concerning affrays, assaults, assaults and batteries;” which was read a first  time and ordered to be read a second time on tomorrow.

On motion of Mr. Moore of Mad. Resolved that the Judiciary committee be instructed to inquire into the expediency of requiring the Judges of the county courts to renew their bonds once in every three years.

Mr. Acklen offered the following resolution: Resolved, that the Judiciary committee be instructed to inquire into the expediency of passing a law allowing compensation to patrons for their services and talesman Jurors when their services may be required more than one day in each week of any court: which was lost.

The House then proceeded to the orders of the day. 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, was then under consideration. Mr. Jack moved that the bill lie on the table until Monday next. Mr. Martin moved that sixty five copies thereof be printed for the use of the House. A division of the question being called for the vote was first taken on laying the bill on the table: which was carried.

Mr. Duke offered the following resolution: Resolved that the committee on schools, colleges and universities, and school and university lands be instructed to inquire into the expediency of dividing the university fund: which was lost.

A bill to be entitled "an act to authorize county courts to alter state roads in certain cases. Mr. Collier moved to amend the bill by adding the words “the court of revenue and roads” in lieu of “commissioners court” wherever the words occur; which was adopted. Mr. Colgin moved to amend the bill with the following: which was lost: “the jury to consist of five and receive one dollar per day for their services” which was lost. The bill was then read a second time and ordered to be en-

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grossed for a third reading. And then the House adjourned until half past 2 o'clock.

EVENING SESSION, half past 2 o'clock.

The House met pursuant to adjournment.

A bill to be entitled an act to provide for the compensation of Jurors. Mr. Craig moved that the bill be referred to a select committee; which was lost. Mr. Clark then moved that the further consideration of the bill be indefinitely postponed; which was lost. Yeas 18- nays 41. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Bradford, Brown, Clark, Collier, Cook, Craig, Daniel, Davis, Durrett, Duke, Forrest, Martin, McVay of Laud. McVay of Law. Moore of Jack. Price, Rather, Russell- 18.

Those who voted in the negative are,

Mr. Speaker, Acklen, Anderson, Bell, Broadnax, Bridges, Bonnell, Colgin, Conner, Dennis, Ellis, Edmondson, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, McRae of Mon. McRae of Frank. Moore of Mad. Perkins, Richardson, Ross, Robertson, Sargent, Sharp, Sibley, Smith of Clarke, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins.- 41.

Mr. Walker moved to reconsider the vote given on Mr. Craig's motion to refer the bill to a select committee; which was lost. Mr. Greening moved to amend the bill by adding thereto an additional section: which was lost. Mr. Martin then moved that the bill lie on the table: which was carried.

A message from the Governor by James I. Thornton Secretary of State which is as follows:

DECEMBER 14, 1827

SIR: -- I am instructed by the Governor to inform your honorable body that he did, on the 13th instant approve and sign the following bills. An act to repeal in part and amend the several acts now in force relative to the port and harbor of Mobile. An act authorizing a lottery for the benefit of Cyrus Chapter No. 6 of Royal Arch Masons, and Florence Lodge No 14 of Ancient free Masons in the town of Florence. An act to extend the corporate limits of Bellefont. An act for the relief of Bushrod W. Bell. An act to incorporate the town of Blountsville in the county of Blount. An act to provide for the arranging, filing and preservation of the papers relating to the unfinished business of each session of the legislature. An act better to secure the benefit of the laws exempting certain property from execution to poor families of this state. An act supplementary to an act entitled an act to alter and amend the charter of incorporation of the city of Mobile. An act authorizing Samuel B. Ewing administrator of Thomas Ewing deceased, to sell and transfer real estate. An act to authorize the commissioners of the 16th section of the first township and eighth range west of the meridian of Huntsville situated in the county of Lauderdale to lease the said section for ninety nine years renewable forever: all of which originated in the House of Representatives and then he withdrew.

Mr. Moore of Jack. obtained leave to introduce a joint resolution, authorizing the purchase of a lot therein designated, which was read a first time and the rule requiring bills to be read on three several days being dispensed with, it was then read a second time forthwith and ordered to be engrossed for a third reading on tomorrow.

Mr. Walker moved to take from the table a bill to be entitled, an act to provide for the payment of petit and grand juries, in Dallas and Marengo counties, which was carried, the bill was then read a second time


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and the question being put, shall this bill be engrossed and read a third time, it was determined in the negative.

Mr. Bridges moved to take from the table, a bill which was on the motion of Mr. Martin laid on the table, to be entitled an act to provide for the compensation of jurors, which was carried. Mr. Moore of Mad moved the following amendment "to be paid at the time by the successful party, and to be taxed in the bill of cost and collected as other cost," which was lost. Mr. Martin then moved to amend the bill by adding thereto, an additional section, which was lost, and then the House adjourned until tomorrow morning 10 o'clock.