SATURDAY, December 15th 1827.

The House met pursuant to adjournment.

Mr. Harris presented the petition of William Jourdan, praying compensation for building the Court House in Washington county which was read and referred to the committee on propositions and grievances.

Mr. Vaughan moved to reconsider a vote given on yesterday on the question to adopt Mr. Dukes resolution,  which was lost, yeas, 16, nays 43.

The yeas and nays being desired, those who voted in the affirmative are, Messrs Bell, Bridges, Craig, Daniel, Davis, Durrett, Duke, Edmondson, McVay of Laud. McVay of Law. McRae of Frank. Rather, Robertson, Russell, Sargent, Vaughan 16.

Those who voted in the negative are, Mr. Speaker, Acklen, Anderson, Bradford, Brown, Broadnax, Bonnell, Clark, Colgin, Collier, Conner, Cook, Dennis, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McRae of Mon. Massey, Moore of Jack. Moore of Mad. Perkins, Richardson, Ross, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Weisinger, Wiggins 43.

On motion of Mr. Perkins, Resolved with the concurrence of the Senate the two Houses of the General Assembly, will on Tuesday next at half past 2 o'clock post meridian go into the election of President and Directors for the Bank of the State of Alabama, for the year 1828.

On motion of Mr. Acklen, Resolved that the military committee be instructed to enquire into the expediency of raising the rank of the Adjutant General of this state, to the rank of brigadier General, and report by bill or otherwise.

A message was received from the Governor, by James I. Thornton Secretary of State and is as follows.

DECEMBER 15th, 1827.

Mr. Speaker, I am instructed by the Governor to inform your honorable body, that he did on the 14th inst. approve and sign the following bills; An act prescribing the mode of commencing the contest of certain elections and of procuring evidence therein. An act to change the name of, and legitimate a certain person therein named. An act to divorce Peggy Seay from Nicholas Seay. An act to divorce Elizabeth W. Cowell from Samuel Cowell. An act to divorce William Travis from Elizabeth Travis. An act to divorce Joseph Cadole from Nancy Cadole. An act to divorce Wlliam O. Russell from Nancy G. Russell, and an act to divorce Abraham Danner from Anna Danner, all of which originated in the House of Representatives.

A bill to be entitled, an act to provide for the compensation of jurors, Mr. Clark moved to strike out the latter part of the 1st section commencing at the word “and,” which was lost, yeas 4, nays 55.


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The yeas and nays being desired, those who voted in the affirmative are, Messrs. Clark, Davis, Moore of Jack. Russell.

Those who voted in the negative are, Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Collier, Conner, Cook, Craig, Daniel, 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, Rather, Richardson, Ross, Robertson, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins 55.

Mr. Martin moved to amend the bill by striking out the first section which was lost. Mr. Cook then moved to amend the first section of the bill, by adding after the word “jurors” the words “of the original venire,” which was adopted. Mr. Perkins moved to amend the 1st  section of the bill by adding after the word “venire,” the following, “provided that talesman jurors, who serve more than one day in succession shall for each days service, receive the same compensation as one of the original venire.”

Mr. Greening then called for the previous question, which was Mr. Perkins' amendment to the bill the question was then put on Mr. Perkins' amendment which was carried.

Mr. Kelly offered the following amendment, in all cases brought by appeal or certiorari from a justice of the peace, the sum of ____ cents in all cases of slander and malicious prosecution, the sum of ____ in all actions of trespass with force and arms, the sum of ____ in all cases involving the title to lands, the sum of ____ Mr. Kelly moved further to amend the bill by adding thereto an additional section, a division of the question being called for, the vote was first taken on the adoption of the first amendment and carried. The vote was then taken on the adoption of the amendment by an additional section, and carried. Mr. Greening then moved that the main question be now put, which was that the bill be engrossed and read a third time on Monday next, and the bill was then read a second time and the question being put, shall the bill be engrossed and read a third time on Monday next, it was determined in the affirmative, yeas 34, nays 25.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Acklen, Anderson, Brown, Broadnax, Bridges, Bonnell, Colgin, Conner, Collier, Cook, Dennis, Ellis, Greening, Harris, Higgins, Jack, Kelly, Lewis, McRae of Mon. Richardson, Ross, Sargent, Sharp, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Walker, Walthal, Ward, Weisinger, Wiggins 34.

Those who voted in the negative are, Mr. Bell, Bradford, Clark, Craig, Daniel, Davis, Durret, Duke, Edmondson, Forrest, Lawler, Martin, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of Jack. Moore of Mad. Perkins, Rather, Robertson, Russell, Sibley, Vaughan, Vining, 25.

Mr. Bonnell from the select committee to whom was referred a bill to be entitled, an act to alter the boundaries of several counties therein named, report the same without amendment, it was then read a second time and ordered to be engrossed for a third reading on Monday next.

Mr. Ellis moved to take from the table, a joint resolution adopting a plan for the State Capitol, which was carried.


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Mr. Ellis then moved that the house concur in the amendment made by the Senate by striking out the words “the Clerk of the House of Representatives,” and insert “the Secretary of the Senate,” and by adding another member to the resolution, which is as follows; “And be it further resolved that the commissioners shall make the contracts so as not to exceed the estimate of cost furnished by the Architect, that is to say, fifty five thousand dollars,” which was carried; the amendments was then concurred in by the House.

Engrossed bill 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 third time and passed: Ordered that the title be as aforesaid: Ordered that the same be sent to the Senate for their concurrence.

Engrossed joint resolution authorizing the purchase of a lot therein designated. Mr. Kelly moved that the resolution lie on the table, which was carried.

Engrossed bill from the Senate entitled an act for the benefit of the Pikesville Library company, was read a third time and passed: Ordered that the title be as aforesaid: Ordered that the Clerk acquaint the Senate therewith.

Mr. Lewis from the committee on the State Bank to whom was referred a resolution instructing them to enquire into the expediency of providing for the erection of the State Capitol out of the seat of Government fund, and also a resolution instructing them to enquire into the expediency of transferring so much of the funds of the University as remains in the Treasury, to the State Bank as capitol stock, reported a bill to be entitled, an act to amend an act entitled an act providing for the erection of a state Capitol and for other purposes which was read a first time and ordered to be read a second time on Monday next.

A bill to be entitled, an act to condemn a lot in the town of Tuscaloosa for the use of the State. Mr. Collier moved to amend the bill by way of proviso. Mr. Terry then moved to amend the proviso by inserting three hundred instead of five hundred which was carried, the question was then put on the adoption of the amendment which was lost. Mr. Kelly moved to amend the bill by adding thereto an additional section, which was carried. Mr. Moore of Jack moved to amend the same 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 on Monday next.

Mr. Clark obtained leave to introduce a bill to be entitled an act to establish the dividing line between the counties of Bibb and Tuscaloosa, according to the existing law, which was read a first time and ordered to be read a second time on Monday next.

A bill to be entitled, an act authorizing Wyatt Harper administrator of William Bates deceased, to sell and transfer real estate, was on motion of Mr. Colgin referred to the judiciary committee.

A bill to be entitled, an act to authorize the county court of Butler county, to make further sales of lots in Greenville. 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 on Monday next.

A bill to be entitled, an act to give a more summary remedy on bonds to keep the prison bounds, and to surrender property with a view to take


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the insolvent oath. Mr. Craig moved that the bill lie on the table till the first day of June next, which was lost, it 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 regulate sales of property by constables. Mr. Bradford moved that the further consideration thereof be indefinitely postponed, which was carried.

Mr. McRae of Frank. offered the following resolutions: Resolved, that the committee to whom was referred the message of his Excellency the Governor, recommending a location of the University, be instructed to draft a bill providing for the location of the University at the present session of the General Assembly. Mr. Walker moved that the resolution lie on the table; which was carried.

A bill to be entitled “an act to locate the seat of Justice in the county of Tuscaloosa.” Mr. Perkins moved that it lie on the table until Tuesday next, which was carried.

A bill to be entitled “an act concerning affrays, assaults, and assaults and batteries,” was read a second time and ordered to be engrossed for a third reading on Monday next. And then the House adjourned until 10 o'clock on Monday next.