WEDNESDAY, December 19, 1827.

The House met pursuant to adjournment.

Mr. Kelly presented the petition of Caswell R. Clifton tax collector of Madison county, praying the aid of the legislature as tax collector as aforesaid; which was read and referred to a select committee consisting of Messrs. Kelly Harris Moore of Mad. and Weisinger.

Mr. McRae of mon. presented the petition of sundry citizens of the town of Claiborne, praying the passage of a law authorizing the election of an additional number of constables to the beat in which said town is situated; which was read and referred to a select committee consisting of Messrs. McRae of mon. Wiggins, Stone and Sibley.

Mr. Smith of Clarke, presented the petition of sundry inhabitants of Clarke county, praying the extension of the limits of said county to the Alabama river; which was read and referred to the committee on county boundaries.

Mr. Jack from the select committee to whom was referred the bill to


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be entitled "an act to locate the seat of Justice in the county of Tuscaloosa." Reported the same without amendment. Mr. Perkins then moved that it lie on the table until tomorrow morning;  which was carried.

Mr. Vaughan obtained leave to introduce a bill to be entitled “an act to encourage the raising volunteer companies in the county of Morgan;” which was read a first time and ordered to be read a second time on to-morrow.

Mr. Clark obtained leave to introduce a bill to be entitled “an act supplementary to an act entitled an act to establish a road from Montevallo to Greensborough:” approved January 12th, 1827; which was read a first time and ordered to be read a second time on tomorrow.

Mr. McRae of Frank. offered the following resolution: Resolved, that this House receive no further additional returns of the census of this state; and that the committee on apportionment be requested to furnish and recommend a number as a proper ratio, and the House to agree and fix on the ratio before the committee on apportionment report a bill. Mr. Bell moved that the resolution lie on the table; which was lost. Mr. Perkins then moved that the further consideration thereof be indefinitely postponed; which was carried.

Mr. Stone from the select committee to whom was referred the petition of John Fowler: Reported a bill to be entitled “an act for the relief of John Fowler;” which was read a first time and ordered to be read a second time on tomorrow.

On motion of Mr. Rather, Resolved, that the military committee be instructed to inquire into the expediency of raising the salary of the Quarter Master General, and further what pay he shall receive for the cleaning of the arms and Quarter masters' stores now in the arsenal.

Mr. Ellis from the committee on enrolled bills, Reported that they had examined and found correctly enrolled bills of the following titles: 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; an act to authorize the sheriffs of Walker, Dale and Covington counties to execute precepts issued by Justices of the peace: and a joint resolution requiring the Comptroller of public accounts to furnish tax collectors and county court clerks with a certified copy of the revenue laws of this state; all of which originated in this House.

Engrossed joint resolution proposing amendments to the constitution of the state of Alabama, was read a third time. Mr. Collier moved to fill the blank in the bill with the word “ten:” which was lost. Yeas 8- nays 53. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Clark Collier Cook Perkins Rather Ross Sibley Stone.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Conner, 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 Jack. Moore of Mad. Price, Rainey, Richardson, Robertson, Russell, Sargent, Sharp, Smith of Clarke, Smith of mad. Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger and Wiggins.

Mr. Martin then moved to fill the blank with the word “eight;” which was lost. Mr. Lewis then moved to fill the blank with the word “six;” which was carried. Yeas 50- nays 11. The yeas and nays being de-


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sired those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax ,Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Durrett, Duke, Edmondson, Forrest, Harris, Jack, Kelly, Lawler, Lewis, McVay of Laud. McVay of Law. Massey, McRae of Frank. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Sargent, Sharp, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Ward, Weisinger, Wiggins- 50.

Those who voted in the negative are,

Mr. Dennis, Ellis, Greening, Higgins, Martin, McRae of mon. Moore of  Jack. Moore of mad. Russell, Sibley ,Walthal- 11.

Mr. Kelly then moved that the further consideration of the resolution be postponed until tomorrow: which was carried.

Engrossed joint resolution proposing to amend the constitution so as to have biennial sessions of the General Assembly; was read a third time and the question being put, shall this resolution pass? It was determined in the affirmative. Yeas 43- nays 18. The yeas and nays being desired those who voted in the affirmative are,

Mr. Acklen, Anderson, Bell, Bradford, Brown, Clark, Colgin, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Forrest, Harris, Higgins, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. Massey, McRae of mon. McRae of Frank. Moore of Jack Moore of mad. Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sibley, Smith of mad. Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins- 43.

Those who voted in the negative are,

Mr. Speaker, Broadnax, Bridges, Bonnell, Collier, Conner, Cook, Ellis, Greening, Jack, Lewis, Perkins, Ross, Sharp, Smith of Clarke, Stone, Tarver, Terry- 18.

Ordered, that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled “an act to aid in the endowment of a humane Charity Hospital in the city of Mobile;” was read a third time Mr. McVay of Laud moved to amend the bill by way of engrossed ryder by way of section: which was lost. Mr. McVay of Laud. moved further to amend the bill by way of the following engrossed ryder: Provided that one third of all the taxes arising from sales at auction in the county of Lauderdale be applied to the use of the poor: which was lost. The bill was then passed. Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Mr. Walthal offered the following resolution: Resolved that the committee on apportionment be instructed to apportion the representatives among the several counties at a ration of 2.150; and to form the state into 22 senatorial districts. Mr. McVay of Laud. moved to strike out “22” in relation to senatorial districts with a view to insert “21” Mr. Craig moved that the resolution lie on the table till Saturday next; which was lost. Mr. Craig moved that the House adjourn till half past 2 o'clock which was lost. Yeas 24- nays 37. The yeas and nays being desired those who voted in the affirmative are,

Mr. Acklen, Bell, Collier, Conner, Craig, Daniel, Davis, Durrett, Ellis, Edmondson, Forrest, Jack, Lawler, McRae of Frank. Moore of mad. Perkins, Rainey, Rather, Richardson, Robertson, Russell, Smith of mad. Vaughan, Vining- 24.

Those who voted in the negative are,

Mr. Speaker, Anderson, Bradford, Brown, Broadnax, Bridges, Bonnell,


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Clark, Colgin, Cook, Dennis, Duke, Greening, Harris, Higgins, Kelly, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of mon. Moore of Jack. Price, Ross, Sargent, Sharp, Sibley, Smith of Clarke, Stone, Tarver, Terry, Walker, Walthal, Ward, Weisinger, Wiggins- 37.

Mr. Harris then called for the previous question,  which was Mr. McVay's of Laud. amendment to Mr. Walthal's resolution. The resolution was then ordered to lie on the table till half past 2 o'clock.

On motion of Mr. Martin Resolved that the additional or supplemental returns of the census properly authenticated according to law from the different counties in this state be received now and taken into the calculations in apportioning the senators and representatives as the same should have been done had the same been made in due time, and that the committee on the apportionment be so instructed.

A message from the Governor by James I. Thornton, Secretary of state.

DECEMBER 18, 1827;

Mr. Speaker: I am instructed by the Governor to inform your honorable body that he did, on the 17th inst. approve and sign the following bills. An act to provide for an extra term of the circuit court in Mobile county: an act to compel solicitors to reside within their respective circuits; an act to prevent the abatement of suits in certain cases: and 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 States, passed December 26, 1823: all of which originated in the House of representatives, And then he withdrew. And the House adjourned to half past 2 o'clock.

EVENING SESSION, half past 2 o'clock.

The House met pursuant to adjournment.

Mr. McVay of Laud. offered the following resolution: Resolved, that a committee be appointed to take the votes of two members of this House, to wit, Thomas Coopwood and William K. Paulding who are confined to their rooms by sickness, on all subjects in relation to the apportionment which may be taken during their confinement. Mr. Terry moved to amend the same by adding after the name of William K. Paulding the name of “Mastin Mead:” which was lost. Mr. Vining then moved that the resolution lie on the table: which was carried.

A message from the Senate by Mr. Lyon.

Mr. Speaker- The Senate have passed bills which originated in their House entitled “an act to incorporate the Franklin academy, in the town of Russellville, Franklin county;” and “an act to amend an act entitled an act to divide the state into districts for electing representatives to Congress passed December 21st, 1822;” in which they desire your concurrence. They have passed bills which originated in the House of representatives entitled “an act to amend an act incorporating the town of Huntsville;” and have amended the same by adding a proviso at the end of the 2d section of the bill: also “an act to revive in part a certain act therein specified: and have amended the same by striking out all after the enacting clause; and substituting the accompanying bill in lieu therefore: in  which amendments they desire your concurrence. And then he withdrew. Ordered that the House concur in the amendment made by the Senate to the bill entitled “an act to amend an act incorporating the town of Huntsville, by adding thereto a proviso at the end of the 2d section. Mr. Moore of Jack. moved to amend the amendment by adding thereto the words “and also the quarter section of land on which Henry W. McVay resides be excluded:” which was adopted. Ordered that the


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same be sent to the Senate for their concurrence.

Engrossed bill to be entitled “an act to revive in part a certain act therein specified” was ordered to lie on the table.

The House resumed the consideration of Mr. McVay's of Laud. amendment to Mr. Walthal's resolution, and the question being put: shall this amendment be adopted? it was determined in the negative. Yeas 24 - nays 37. The yeas and nays being desired, those who voted in the affirmative are.

Mr. Acklen, Bell, Collier, Conner, Craig, Daniel, Durrett, Ellis, Edmondson, Forrest, Jack, Martin, McVay of Laud. McVay of Law. Moore of Jack. Moore of mad. Perkins, Price, Rather, Richardson, Robertson, Russell, Sargent, Vaughan- 24.

Those who voted in the negative are,

Mr. Speaker, Anderson, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Cook, Davis, Dennis, Duke, Greening, Harris, Higgins, Kelly, Lawler, Lewis, Massey, McRae of mon. McRae of Frank. Rainey, Ross, Sharp, Sibley, Smith of Clarke, Smith of Mad. Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Weisinger, Wiggins- 37.

Mr. Rather moved to strike out the words “twenty one hundred and fifty;” which was lost. Yeas 24- nays 37. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Acklen, Bell, Collier, Conner, Craig, Daniel, Davis, Durrett, Duke, Ellis, Edmondson, Jack, Martin, McVay of Laud. McVay of Law. Moore of mad. Perkins, Price, Rather, Richardson, Robertson, Russell, Vaughan, Vining- 24.

Those who voted in the negative are,

Mr. Speaker, Anderson, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Cook, Dennis, Forrest, Greening, Harris, Higgins, Kelly, Lawler, Lewis, Massey, McRae of mon. McRae of Frank. Moore of Jack, Rainey, Ross, Sargent, Sharp, Sibley, Smith of Clarke. Smith of mad. Stone, Tarver, Terry, Walker, Walthal, Ward, Weisinger, Wiggins- 37.

Engrossed bill entitled "an act to establish an office of discount and deposit of the Bank of the state of Alabama in the northern part of this state," was read a third time. Mr. Stone moved to amend the bill by way of engrossed ryder by adding thereto two additional sections. Mr. Stone moved that the bill lie on the table until Saturday next: which was lost. Mr. Lewis then moved that the bill together with the proposed amendments lie on the table until tomorrow; which was carried.

Engrossed bills from the Senate of the following titles, to wit: an act to amend an act entitled an act to divide the state into districts for electing representatives to congress passed December 21, 1822: an act to incorporate the Franklin Academy in the town of Russellville, Franklin county: were severally read a first time and ordered to be read a second time on tomorrow. Mr. Martin moved to add another member to the committee on propositions and grievances;  which was carried. Mr. Walker was then added to said committee. And then the House adjourned until tomorrow morning 10 o'clock.