FRIDAY, December 21,1827.

The House met pursuant to adjournment.

The Speaker being called upon to determine whether the majority in favor of the 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 which was put upon its passage on yesterday, was sufficient to pass the bill, or whether the vote of two thirds of the members present was not necessary to pass the same under the provisions of the constitution of this state relating to the establishment of a branch Bank decided that in his opinion a concurrence of two thirds of both Houses of the General Assembly was necessary under the provisions of the constitution in order to pass the bill, and that as a constitutional majority had not voted in Speaker, Mr. McVay of Laud. appealed to the House; and the question being put on agreeing to the opinion pronounced by the Speaker, it was determined in the negative. Yeas 24-  nays 37. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Anderson, Bradford, Brown, Bridges, Bonnell, Colgin, Conner, Dennis, Harris, Jack, Lewis, Massey, McRae of Mon. Perkins, Rainey, Richardson, Ross, Sibley, Stone, Tarver, Walthal, Ward, Weisinger, Wiggins- 24

Those who voted in the negative are,

Messrs. Acklen, Bell, Broadnax, Clark, Collier, Cook, Coopwood, Craig, Daniel, Davis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Higgins, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. McRae of Frank. Moore of Jack. Moore of Mad. Price, Rather, Robertson, Russell, Sargent, Sharp, Smith of Clark, Smith of Mad. Terry, Vaughan, Vining Walker, - 37.

It was therefore determined by the House that the bill had passed Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.


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Mr. Ross from the committee on accounts to whom was referred the claim of Joseph Owen, of Baldwin county, claiming compensation for apprehending and bringing to justice an Indian charged with murder. Reported that they are aware of no law authorizing the payment of such a claim and ask leave to be discharged from the further consideration thereof: which was granted. The report and accompanying documents was then referred to the committee on propositions and grievances.

Mr. Greening from the Judiciary committee to whom was referred the bill to be entitled “an act to establish two additional circuits,” Reported the same without amendment. Mr. Greening moved to strike out “Conecuh” where it appears in the second section of the bill with a view to insert it after the word “Dale;” which was carried. Mr. Rather moved to amend the bill by striking out the 1st section the word “two;” which was lost. Mr. Walthal then moved that the bill lie on the table till the 1st day of March next; which was lost. Yeas 27- nays 33. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Anderson, Bell, Bradford, Brown, Clark, Colgin, Conner, Cook, Craig, Daniel, Durrett, Duke, Edmondson, McVay of Laud. McVay of Law. Massey, Rather, Richardson, Robertson, Sharp, Sibley, Smith of Clarke, Walker, Walthal, Weisinger, Wiggins- 27.

Those who voted in the negative are,

Mr. Acklen, Broadnax, Bridges, Bonnell, Collier, Davis, Dennis, Ellis, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Perkins, Price, Rainey, Ross, Russell, Sargent, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Ward- 33.

Mr. Kelly moved to amend the 1st section of the bill by adding after the word “Judges” “and two solicitors;” which was carried. Mr. Walker then moved to refer the bill to a select committee; which was lost. The bill was then read a second time as amended and ordered to be engrossed for a third reading.

Mr. Kelly from the committee on the state Bank to which was referred so much of the Governor's message as relates to the pecuniary embarrassments of the people, Report that the causes of the prevailing distress may be summed up in a few words. The inordinate emission of Bank paper, generated a spirit of speculation in the years 1818 and 1819. The failure of banks suddenly reduced the currency greatly below the amount required for the legitimate purposes of commerce; and the remnant of circulation, left was appreciated in quality. The country has not as yet recovered the shock then received, and the gradual reduction in the price of cotton has augmented the general distress from year to year; and for the two last years the productions of the soil have been greatly reduced in quantity by unusual drought, all these causes have produced a state of embarrassment so general and severe as to require the application of all the means at the command of the legislature for its relief or mitigation.

Interference with contracts in the shape of stay laws, is considered too hazardous and too inefficient to be considered a suitable remedy even if within the constitutional competency of the legislature. Rejecting that scheme as inadvisable, your committee have examined with great care the power of the legislature to afford a remedy free from constitutional objection, and at the same time sanctioned by the sound principles of enlightened policy. It has already been said that the currency of the coun-


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try is deficient in quantity; this remark is made with a view to the fair and reasonable demands of commerce. If not mistaken in estimating the demands of commerce and the amount of circulating medium necessary to give it health and activity, it will follow plainly that an increase of the circulating medium, if it can be done without impairing its credit will afford a remedy entirely suitable and at the same time be clear of all constitutional objections; adhering to the sound principles of banking on which the state bank was established, and by which it has been heretofore conducted, your committee cannot recommend a further emission of bank paper, without at the same time extending the capital of the bank in proportion to the intended issue. The success of the bank hitherto has surpassed the expectations of its most sanguine friends: the interest upon the loan forming part of its capital has been regularly and punctually paid and there is reason to expect that a further loan can be had upon better terms and be used by the bank so as to pay the interest and something more: and serve as a basis to sustain a sound circulating medium in some degree commensurate with the wants of the country under a firm belief that the currency of the country can thus be enlarged without in the least impairing its credit. Your committee recommend an increase of the capital of the state bank by a further loan of ______ hundred thousand dollars, and have accordingly reported a bill for that purpose.

Signed  WM. KELLY.

A bill to be entitled “an act to increase the capital of the bank of the state of the state of Alabama.” which was read a first time. Mr. Ross moved that the report and bill lie on the table: which was lost. The bill was then ordered to be read a second time on tomorrow. And then the House adjourned until 3 o'clock this evening.

EVENING SESSION, 3 o'clock.

The House met pursuant to adjournment.

On motion of Mr. Moore of Jack. Resolved that the committee appointed by this House to act jointly with the committee of the Senate to examine the state and condition of the state Bank have leave to sit at any time during the session of this House.

Mr. Moore of mad. to whom was referred the petition of Caswell R. Clifton, Reported a bill to be entitled “an act for the relief of Caswell R. Clifton, tax Collector of Madison county;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Moore of mad. from the select committee to whom was referred a a bill to be entitled “an act to provide for the support of paupers;” Reported the bill with the following amendment: strike out in the first section the words “in this state,” and insert in lieu thereof, “the counties hereinafter named:” strike out in the fifth section the words “the overseers of the poor shall hold their appointment during good behavior:” strike out the seventh section: which were concurred in by the House: the bill as amended was then read a second time and ordered to be engrossed for a third reading on tomorrow.

Mr. Forrest from the select committee to whom was referred the petition of sundry citizens of Jefferson county, praying the passage of a law regulating the pay of Jurors in said county, Reported a bill to be entitled “an act to provide for the payment of petit Jurors in the county of Jefferson;”  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


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“an act giving further time for filing county claims;” which was read a first time and ordered to be read a second time on tomorrow.

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 relative to offsets before Justices of the Peace and for other purposes: which originated in this House.

Mr. Acklen from the select committee to which was referred the petition of sundry inhabitants of Whitesburg in Madison county, praying an extension of its corporate limits and for other purposes, Reported a bill to be entitled “an act to amend in part and repeal in part an act to establish the town of Whitesburg and incorporate its trustees.” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Moore of mad. obtained leave to introduce a joint resolution requiring the Bank of Mobile to report their situation to the General Assembly; which was read a first time and ordered to be read a second time on tomorrow.

Mr. Forrest from the select committee to whom was referred the petition of John Wood praying the relief therein specified, Reported a bill to be entitled “an act for the relief of John Wood;” which was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill entitled “an act for the relief of Dugald McFarlane” was read a third time; Mr. Jack moved to amend the bill by way of Engrossed ryder by adding thereto an additional section which was carried. 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. Walker moved to take from the table a report of the Bank committee on the subject of building a banking house; which was lost.

A communication was received from the Governor by James I. Thornton, which he handed in at the Speaker's chair, and then he withdrew. Said communication is as follows:

EXECUTIVE DEPARTMENT, December 21, 1827.

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

GENTLEMEN;-- I have the honor to transmit an account of the Quarter master General for cleaning and putting in good order the public arms, which are now in the arsenal. A long neglect of this duty had placed the arms in a situation to be much injured: a considerable portion of them, if not the whole, had contracted rust in the boxes in which they were kept, that would speedily have rendered them unserviceable. I have the pleasure to state, as is also known to your committee, that the arms are now in very good condition and may be kept so at a moderate expense by frequent and systematic attention. The humidity of our climate requires more than ordinary care in the preservation of all kinds of arms: the military committee will, no doubt, make the necessary suggestions. The arms have heretofore been kept in boxes, and it is believed that it would be better to keep them in racks placed in a vertical position, so as to be easily inspected and any cause of injury subjected to immediate observation. The expense which may be necessary to keep the arms in good order, will be justified by the consideration, that it goes to preserve public property essential to the defence and security of the country.

I have the honor to be most respectfully your obedient servant.

Signed  JOHN MURPHY.

Mr. Rather moved that the communication be referred to the military committee; which was carried.


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Mr. Cook moved to take from the table an engrossed bill to be entitled "an act to revive in part a certain act therein specified;" which was lost.

Engrossed bills of the following titles, to wit: an act declaring Elk river and Big Shoal Creek public highways: an act to authorize the Judge of the county court of Monroe County and the commissioners of roads and revenue to levy a special tax for the purpose therein mentioned: and an act to authorize James Mahan William Lovelady, John Gardner and Ransom Davis to enter a certain quantity of University land for the purposes therein mentioned, were severally read a third time and passed. Ordered that the titles be aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill entitled "an act to amend the third section of an act passed at the last session of the legislature to compensate the commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this state and Georgia," was, on motion of Mr. Acklen, taken from the table and read a third time. Mr. Smith of Clarke, moved to fill the blank in the bill with the words "five hundred and twenty," which was lost. Yeas 26- nays 27. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Speaker, Acklen, Anderson,  Broadnax, Bridges, Cook, Daniel, Dennis, Duke, Ellis, Greening, Harris, Higgins, Jack, Martin, McRae of Frank. Moore of Jack. Moore of mad. Sargent, Sibley, Smith of Clarke, Smith of mad. Tarver, Terry, Walker, Ward- 26.

Those who voted in the negative are,

Messrs. Bell, Bradford, Brown, Bonnell, Clark, Colgin, Collier, Conner, Davis, Durrett, Edmondson, Forrest, Lawler, McVay of Laud. McVay of Law. Massey, Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Sharp, Vaughan, Walthal, Wiggins- 27.

Mr. Jack then moved to fill the blank with the words “five hundred;”  which was carried. Yeas 26- nays 25. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Broadnax, Bridges, Cook, Daniel, Dennis, Duke, Ellis, Forrest, Greening, Higgins, Jack, Martin, McRae of Frank. Moore of Jack. Moore of mad. Sargent, Sharp, Sibley, Smith of Clarke, Smith of mad. Tarver, Terry, Walker- 26.

Those who voted in the negative are,

Mr. Bell, Bradford, Brown, Bonnell, Clark, Colgin, Collier, Conner, Davis, Durrett, Edmondson, Lawler, McVay of Laud. McVay of Law. Massey, Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Vaughan, Walthal, Wiggins- 25.

The bill was then passed. 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 concerning the estate of deceased persons,” was read a third time. Mr. Durrett moved to lay the bill on the table; 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. And then the House adjourned till tomorrow morning half past 9 o'clock.