THURSDAY, December 20, 1827.

The House met pursuant to adjournment.

On motion of Mr. Ross: Ordered that Messrs. Greening Ross, and Kelly, be discharged from the joint committee on the State Bank.

On motion of Ross Resolved that the House proceed forthwith to elect a committee to examine the state bank to act with the committee on the part of the Senate instead of Messrs. Ross, Greening and Kelly excused from


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serving on said committee owing to their necessary attendance on other business. The House then proceeded to the election of a committee on the state bank: whereupon Messrs. Weisinger, Craig and Vining were elected said committee.

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 alter the boundary line between the counties of Shelby and Autauga. They have read three several times and passed bills which originated in their House, entitled an act to form a seventh Judicial circuit: an act to declare in what manner pardons and reprieves shall be granted, and fines and forfeitures remitted: an act to provide for the location of the university of the state of Alabama: an act to repeal so much of the 3d section of an act entitled an act to reduce the expenses of the General Assembly and for other purposes, passed at Cahawba the 15th day of June 1821, as is herein specified: and an act to authorize John Smith of Jefferson county to emancipate a certain slave therein named. In all of which they desire your concurrence. They have also passed bills which originated in the House of representatives 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: an act to revive and continue in force an act passed the 31st day of December 1822, entitled an act to incorporate the town of Jonesborough in the county of Jefferson; and have amended the same by adding thereto an additional section. In which amendment they desire your concurrence. And then he withdrew.

Engrossed joint resolution proposing amendments to the constitution of the state of Alabama, was then taken up and read a third time. Mr. Kelly moved to amend the resolution by way of the following engrossed ryder: "and in order to preserve uniformity of decision and avoid the excitement that might result from the election of all the Judges at one session of the Legislature, Be it further resolved that so soon as the foregoing resolutions shall be adopted and become part of the constitution, it shall be the duty of the legislature before the election of Judges shall take place, to divide the number of circuits into classes to correspond with the regular sessions of the legislature, so that as near as may be, an equal number of Judges shall go out of office at the close of each regular session: and when the number of classes shall be ascertained the term for which the Judges in the several circuits respectively shall be elected in the first instance, shall be determined by ballot in the presence of both Houses of the General Assembly in the following manner, viz: one paper for each circuit shall be put into a separate box with the number of the circuit written on it; and a number of papers equal to the whole number of Judges: shall be put into another box, marked so as to correspond with the number of years ascertained by the classification before mentioned; and when the boxes shall be so prepared, the secretary of the Senate shall draw one paper at a time from the box containing the number of circuits and read aloud in the hearing of both Houses, the circuit so drawn: and the clerk of the House of representatives shall then proceed to draw one paper from the other and read in like manner, the number of years so drawn, and so on until all the circuits shall be gone through: which proceedings shall be entered on the Journals of both Houses, and the Judges to be elected, shall be elected for the number of years drawn to the circuits respectively; and after the expiration of the terms so to be ascer-


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tained, the Judges shall be elected for the term of six years; and to preserve the classification herein established, all Judges elected to fill vacancies shall be elected and hold their respective offices during the unexpired part of the term of their respective predecessors:” which was adopted. Mr. Collier then moved to amend the same by way of the following engrossed ryder: “Resolved that should the foregoing resolution be adopted as amendments to the constitution, they shall not be held so to operate as to effect the tenure by which the then Judges hold their office:" which was lost. And the question being put, shall this resolution pass? it was being required, those who voted in the affirmative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Cook, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Harris, Higgins, Jack, Kelly, Lawler, Lewis, McVay of Laud. Massey, McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Smith of Clarke, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins- 52.

Those who voted in the negative are,

Mr. Collier, Conner, Ellis, Forrest, Martin, Perkins, Ross, Sibley- 8

The resolution was then passed. Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Mr. McVay of Laud. presented the petition of Chesly B. Roundtree, praying compensation for taking the census of Lauderdale county in the year 1820: which was read and referred to the committee on propositions and grievances.

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. Greening moved to amend the bill by way of engrossed ryder, by adding thereto an additional section: which was adopted. Mr. Stone then moved that the bill lie on the table till Monday next; which was lost. Mr. Colgin moved to lay the bill on the table till Tuesday next; which was lost. The bill was then put on its passage, and the question being put, shall this bill pass? the vote stood thus: yeas 36- nays 26. The yeas and nays being desired, those who voted in the affirmative are;

Mr. Acklen, Bell, Broadnax, Bridges, Clark, Coopwood, Daniel, Davis, Durrett, Duke, Edmondson, Forrest, Greening, Higgins, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. McRae of Frank. Moore of Jack. Moore of Mad. Price, Rainey, Rather, Robertson, Russell, Sargent, Sharp, Smith of Clarke, Smith of mad. Tarver, Terry, Vaughan, Vining, Walker - 36.

Those who voted in the negative are,

Mr. Speaker, Anderson, Bradford, Brown, Bonnell, Colgin, Collier, Conner, Cook, Craig, Dennis, Ellis, Harris, Jack, Lewis, Massey, McRae of mon. Perkins, Richardson, Ross, Sibley, Stone, Walthal, Ward, Weisinger, Wiggins- 26.

And then the house adjourned till 3 o'clock.

EVENING SESSION, 3 o'clock.

The House met pursuant to adjournment.

Ordered that the House concur in the amendments made by the Senate to the bill entitled, an act to revive and continue in force an act passed the 31st day of December 1822, entitled an act to incorporate the town


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of Jonesborough in the county of Jefferson, by adding thereto an additional section.

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

DECEMBER 20th, 1827.

Mr. Speaker- The Governor did on the 20th inst. approve and sign the following bills; An act to authorize Ansel Sawyer to erect a mill on Coosa river; an act to amend an act to authorize clerks and magistrates to collect costs in certain cases: an act to appoint commissioners for the county of Dale, and for other purposes: an act supplementary to an act entitled an act concerning executions and sales by Sheriffs and for other purposes, passed December 20th 1826: an act to authorize Isham R. Houze to bring to this state the slaves of Susan B. Houze: an act to divide the 22d regiment of the militia of this state: an act to establish a permanent seat of Justice in the county of Henry: and a joint resolution adopting a plan for the state capitol; all of  which originated in the House of Representatives.

Mr. Richardson obtained leave to introduce a bill to be entitled “an act changing the time of holding county courts in Greene county,” which was read a first time and ordered to be read a second time on tomorrow.

On motion of Mr. Martin, Resolved that with the concurrence of the Senate, the two Houses will on Saturday next, at the hour of 11 o'clock A. M. go into the election of Trustees of the University of this state to fill all such vacancies as may, have, or will occur at the end of the present session of the General Assembly.

Mr. Massey obtained leave to introduce a bill to be entitled “an act to repeal in part a resolution passed January 13th 1827,” under the title of resolutions in relation to the militia laws of this state; which was read a first time and ordered to be read a second time on tomorrow.

Mr. Higgins obtained leave to introduce a bill to be entitled “an act to change the names of certain persons therein named;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Collier obtained leave to introduce a bill to be entitled “an act declaring the effect of notarial protests;” which was read a first time and ordered to be read a second time on tomorrow.

Engrossed bills from the Senate of the following titles, to wit: an act to authorize John Smith, of Jefferson county, to emancipate a certain slave therein named: an act to provide for the location of the University of the state of Alabama: an act to repeal so much of the 3d section of an act entitled "an act to reduce the expenses of the General Assembly, and for other purposes, passed at Cahawba the 15th day of June 1821, as is herein specified; an act to declare in what manner pardons and reprieves shall be granted and fines and forfeitures remitted were severally read a first time and ordered to be read a second time.

Mr. Walker from the select committee to whom was referred a bill to be entitled “an act to abolish and establish certain election precincts therein mentioned;” Reported an amended bill in lieu thereof; which was adopted. Mr. Rather moved to amend the bill by way of proviso, which was carried.

Mr. Forrest obtained leave to introduce a bill to be entitled “an act to explain and amend the 9th section of an act passed December 13, 1819, entitled an act to establish certain counties therein named, and for other purposes therein mentioned;” which was read a first time and ordered to

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be read a second time on tomorrow.

Engrossed bill from the Senate entitled “an act to form a seventh Judicial circuit” was read a first time. Mr. Terry then moved that the bill lie on the table, which was lost. The bill was then ordered to be read a second time on tomorrow.

A bill to be entitled “an act to locate the seat of Justice in the county of Tuscaloosa;” was then taken up. Mr. Jack moved to amend the first section of the bill by adding thereto the following after the word “square” or on market square and for the purpose of ascertaining the will of the people on that subject: an election shall be holden on the ____ Monday of ____ next at the several precincts of this county, which shall be conducted in the same manner and under the same rules as now govern elections for members of the General Assembly, and the qualified voters of said county, shall endorse on their ticket “court square” or “market square,” and the sheriff of said county is hereby required within fifteen days after said election, to make a correct return of the state of the polls to the Judge of the county court and the commissioners of roads and revenue; and on that square which has the greatest number of votes the court house shall be located:” which was adopted. Mr. Perkins then moved to amend the bill by striking out all after the enacting clause and by substituting an amendment in lieu thereof, a division of the question being called for, the vote was first taken on striking out, which was lost. Mr. Ellis then moved to amend the bill by adding thereto sundry additional sections. which was carried. The bill was then referred to a select committee consisting of Messrs. Forrest, Weisinger and Rainey to consider and report thereon. And then the House adjourned until tomorrow morning 10 o'clock.