MONDAY, December 17, 1827.

The House met pursuant to adjournment.

A message from the Senate by Mr. Lyon.

Mr. Speaker- The Senate concur in the amendment made by your honorable body to their amendment, to the bill entitled "an act to incorporate the Blakely and Greenville turnpike Company. They have passed a bill which originated in the House of Representatives entitled “an act to alter the boundary line between the counties of Shelby and Autauga.” and have amended the same by striking out all after the enacting clause and by substituting the accompanying section in lieu thereof: In which amendment they desire your concurrence. They have also passed a bill and joint resolution which originated in the House of Representatives entitled “an act to amend an act to authorize clerks and magistrates to collect costs in certain cases,” and a joint resolution requiring the Comptroller of public accounts to furnish the tax collectors and county court clerks with a certified copy of the revenue law of this state. And then he withdrew.

Mr. Walker presented the account of Sterling E. Harrison, Jailor of Dallas county; which was read and referred to the committee on accounts

Mr. McRae of mon. presented the account of Campbell Sharp, Jailor of Monroe county;  which was read and referred to the committee on accounts.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of sundry citizens of Marengo county, praying relief to Dempsey Sturdevant, Reported that the prayer of the petitioner is unreasonable and ought not to be granted: in which report the House concurred.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of sundry citizens of Bibb county, praying that the civil law so far as respects the recovery of debts be suspended & c Reported that it is inexpedient to legislate on the subject. In which report the House concurred.

Mr. Vaughan from the select committee to whom was referred the bill from the Senate entitled “an act to incorporate the Sommerville Philo-


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mathian society,” reported it without amendment. It was then read a seond time and ordered to be read a third time on tomorrow.

Mr. Lawler from the select committee to whom was referred the petition of the inhabitants of the town of Columbia in Shelby county, praying the passage of a law to authorize the election of a Justice of the peace in said town; Reported  a bill to be entitled “ an act to authorize the election of a Justice of the peace in the town of Columbia in Shelby county:” which was read a first time and ordered to be read a second time on tomorrow.

An engrossed bill entitled “an act to alter the boundary line between the counties of Shelby and Autauga,” was laid on the table.

Mr. Ellis from the committee on enrolled bills Reported that they had examined and found correctly enrolled, bills of the following titles, to wit: A joint resolution adopting a plan for a state Capitol: an act to appoint commissioner for the county of Dale, and for other purposes: an act to authorize Isham R. Houze to bring to this state the slaves of Susan B. Houze: an act to authorize Ansel Sawyer to erect a mill on Coosa river; an act to divide the 22d regiment of the militia of this state: an act supplementary to an act entitled an act concerning executions and sales by sheriffs and for other purposes, passed December 20th 1820: and an act to establish a permanent seat of justice in the county of Henry, all of which originated in this House.

Mr. Sibley obtained leave to introduce a bill to be entitled “an act in relation to a certain fund therein mentioned;” which was read a first time and ordered to be read a second time tomorrow.

Mr. Higgins from the select committee to whom was referred the petition of sundry citizens of the town of Montgomery.   Reported a bill to be entitled “an act to amend an act to incorporate the town of Montgomery,” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Moore of Jack. obtained leave to introduce a bill to be entitled "an act to establish the 52d regiment of Alabama militia," which was read a first time and ordered to be read a second time on tomorrow.

Mr. Massey obtained leave to introduce a bill to be entitled "an act to extend to St. Clair county, concurrent civil and criminal jurisdiction with Autauga county in the Creek Nation;" which was read a first time and ordered to be read a second time on tomorrow.

On motion of Mr. Ross Resolved that the select committee raised on the part of this House to investigate the official conduct of the honorable A. S. Lipscomb, one of the Judges of the Supreme court of this state on charges preferred by George F. Salle, have leave to sit during the session of the House.

Mr. Perkins obtained leave to introduce a bill to be entitled “an act the better to designate free people of color;” which was read a first time  and ordered to be read a second time on tomorrow.

Mr. Daniel from the committee appointed on the part of this House to confer with the committee appointed on the part of the Senate as to the matters of disagreement between the two Houses upon the amendment adopted by this House, to the bill which originated in the Senate entitled “an act for the relief of William Ferguson.” Reported that they have had the same under consideration and have agreed to the amendment as adopted by this House. Mr. Martin then moved that the report lie on the table; which was carried.


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Mr. Martin from the committee on propositions and grievances to whom was referred the memorial and accompanying documents of Edward Davis Reported that it is inexpedient to grant the prayer of the memorial in which report the House concurred.

Mr. Davis obtained leave to introduce a bill to be entitled "an act to authorize the county court of Jackson county to levy an extra tax;" which was read a first time and ordered to be read a second time on tomorrow.

Mr. Kelly presented the account of James G. Birney Esq. late solicitor of the 5th Judicial circuit, which was read and referred to the committee on accounts.

Mr. Kelly presented the petition of Johnson Harrison and Aaron Harrison praying compensation for apprehending prisoners which was read and referred to the committee on propositions and grievances.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of sundry citizens of Lawrence county praying relief to Andrew O. Horn Reported that it was inexpedient to grant the relief prayed for in which report the House concurred.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of Dial Peevy, Reported that it is inexpedient to grant the relief prayed for. Mr. Acklen moved that the report lie on the table; which was lost. The report was then concurred in by the House.

Mr. Colgin presented the account of Daniel B. Richardson, which was read and referred to the committee on accounts.

Mr. Greening obtained leave to introduce a bill to be entitled “an act to emancipate certain slaves therein named,” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Stone obtained leave to introduce a bill to be entitled “an act to amend an act entitled an act concerning roads, highways, bridges, and ferries in the county of Mobile,” which was read a first time and ordered to be read a second time on tomorrow.

A bill to be entitled “ an act to establish an office of Discount and deposit of the Bank of the state of Alabama” was on motion of Mr. Smith of mad. taken from the table. Mr. Walker moved to amend the 1st section by adding after the word “deposit of the Bank of the state of Alabama;” which was carried. Mr. Terry moved to amend the bill by adding thereto an additional section numbered eight; which was carried. Mr. Walker moved to amend the 2d section after the word “president” the words “and directors” which was carried. Mr. Forrest moved to strike out the word ‘end’ in the 2d section; which was carried. Mr. Forrest moved further to amend the bill by inserting in the 3d section the word “and” before the word “Lawrence” and by striking out the words “and Blount” which was carried. Mr. Walker moved to amend the bill by striking out "principal" wherever it occurs and insert “aforesaid” after the word “bank;” which was lost. Mr. Greening then moved to amend the 3d section of the bill with the following; and no note or bill or other instrument for the payment of money shall be discounted for any person residing in the aforesaid counties by the principal bank;” which was adopted. Mr. Perkins moved to amend by inserting “funds” after the words bank notes; which was carried. Mr. Forrest moved to amend the 3d section by inserting the following; “and no note or bill or other instrument for the payment of money shall be discounted at the office of discount and deposit, except for residents of the counties herein named;”


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which was adopted. Mr. Greening moved to amend the 3d section of the bill by inserting at the end thereof the following; “and in the amount of discount to the aforesaid counties the office of discount and deposit shall be governed by such rules and regulations as may be prescribed by the principal bank;” which was adopted.   Mr. Greening moved to strike out the word “clerk” wherever it occurs in the bill, and insert “teller;” which was carried. Mr. Walker moved to amend the 4th section by striking out the words “and such other servants as may be necessary” which was lost. Mr. Perkins moved to amend the 6th section with the words “of the principal bank” which was carried. The bill was then read a second time as amended and ordered to be engrossed for a third reading tomorrow.

Engrossed bills of the following titles, to wit: an act to authorize the county court of Butler county to make further sales of lots in Greenville; an act to alter the boundaries of certain counties therein named, an act concerning affrays, assaults and assaults and batteries; an act to give  a more summary remedy on bonds, to keep the prison bounds and to surrender property with a view to take the insolvent oath; were severally read a third time and passed. Ordered that the titles be as aforesaid, Ordered that the same be sent to the Senate for their concurrence.

On motion of Mr. Harris the House then resolved itself into a committee of the whole House on the joint resolution proposing amendments to the constitution of the state of Alabama. Mr. Ross in the chair and after some time spent 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.

A bill to be entitled “an act to establish the principles of decision in certain cases in law and equity” was referred to the Judiciary committee

Engrossed bill to be entitled “an act to condemn a lot in the town of Tuscaloosa for the use of the state” was read a third time. Mr. Greening moved to amend the bill by way of the following engrossed ryder: Provided that if the owner of said lot will consent to take the sum of seven hundred and fifty dollars for the same lot, then so much of this act shall be considered null and void as relates to the condemnation of said lot. Mr. Weisinger then moved that the further consideration of the bill be indefinitely postponed. And then the House adjourned to half past 2 o'clock.

EVENING SESSION, Half past 2 o'clock.

The House met pursuant to adjournment.

The House resumed the consideration of Mr. Weisinger's motion to postpone indefinitely the bill entitled “ an act to condemn a lot in the town of Tuscaloosa for the use of the state;” which was carried. Yeas 33- nays 22. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Brown, Broadnax, Bridges, Clark, Cook, Craig, Dennis, Durrett, Duke, Forrest, Higgins, Lawler, McVay of Laud. McVay of Law. Massey, McRae of Mon. Moore of mad. Rainey, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walthal, Weisinger, Wiggins- 33.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bonnell, Colgin, Collier, Davis, Ellis, Edmondson, Greening, Jack, Kelly, Lewis, Martin, McRae of Frank. Moore of Jack. Perkins, Sibley, Smith of Clarke, Ward 22.

Mr. Rainey obtained have to introduce a joint resolution changing the the site for the state Capitol, which was read a first time. Mr. Perkins moved that the resolution lie on the table until the first day of March

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next; which was carried. Yeas 37- nays 20. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bell, Brown, Broadnax, Bridges, Bonnell, Clark, Conner, Cook, Craig, Dennis, Durrett, Ellis, Forrest, Greening, Kelly, Lawler, Lewis, McVay of Laud. McRae of Mon. McRae of Frank. Perkins, Rather, Robertson, Russell, Sargent, Sharp, Smith of Clark, Smith of Mad. Terry, Walker, Walthal, Ward, Weisinger- 37. Those who voted in the negative are,

Mr. Colgin, Collier, Daniel, Davis, Duke, Edmondson, Harris, Higgins, Jack, Martin, McVay of Law. Massey, Moore of Jack. Moore of Mad. Rainey, Richardson, Ross, Sibley, Stone, Tarver, Vaughan, Vining- 20.

Mr. McRae of mon. presented a supplemental census of Monroe county; which was laid on the table.

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 on motion of Mr. Rather laid on the table. Yeas 33- nays 27. The yeas and nays being desired those, who voted in the affirmative are,

Messrs. Acklen, Bell, Colgin, Collier, Conner, Craig, Daniel, Davis, Durrett, Ellis, Edmondson, Forrest, Jack, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon. McRae of Frank. Moore of Jack. Moore of mad. Perkins, Rainey, Rather, Robertson, Sibley, Smith of mad. Vaughan, Vining, Wiggins- 33.

Those who voted in the negative are,

Mr. Speaker, Anderson, Brown, Broadnax, Bridges, Bonnell, Clark, Cook, Dennis, Duke, Greening, Harris, Higgins, Lewis, Richardson, Ross, Russell, Sargent, Sharp, Sibley, Smith of Clarke, Stone, Tarver, Terry, Walker, Walhtal, Ward, Weisinger- 27.

On motion of Mr. McRae of Frank. Resolved that a select committee be appointed to consist of one or more members from all the counties from which new counties have been formed and the population of said new counties do not entitle them to a representative, and report what number each of said counties are entitled to from said new counties and furnish a rule by which the members can make some certain calculating what number of representatives each county will be entitled to when the ratio is fixed: whereupon Messrs. Duke, Perkins, Ellis, Brown and Forrest were appointed said committee.

A bill to be entitled “an act to authorize the administrator of Daniel Mitchell to make and receive assurances of title to certain real estate” was read a second time and ordered to be engrossed for a third reading on tomorrow.

A bill to be entitled “ an act to authorize the sales of sixteenth sections and for other purposes,” then being on its second reading Mr. Smith of Clarke, moved to amend the 6th section by inserting after the word “authorized” and before the word “pay,” the words “designate certain parts of sections or” which was lost. Mr. Bridges moved to amend the 4th section by striking out 165 and inserting in lieu thereof the word “80” which was adopted. Mr. Cook moved to amend the 5th section by adding the words “and a majority shall be sufficient to authorize a sale.”

On motion of Mr. Moore of Jack. the House then resolved itself into a committee of the whole on said bill: Mr. Moore of Jack. in the chair; and after some time spent in the consideration of the same, the committee rose: Mr. Speaker resumed the chair, and Mr. Chairman Reported the bill with an amendment; which was concurred in by the House and leave was asked to be discharged from the further consideration thereof which


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was granted.   And then the House adjourned until tomorrow morning half past 9 o'clock.