MONDAY, December 24th, 1827.

The House met pursuant to adjournment.

Mr. Anderson presented the petition of sundry inhabitants of Marengo county praying the passage of a law to establish an election precinct at the store house of Thomas, Hosea and Boutwell in said county, which was read and referred to a select committee consisting of Messrs. Anderson, Richardson and Colgin.

Mr. Coopwood presented the petition of William Hines praying the passage of a law authorizing the sale of certain lands therein mentioned which was read and referred to a select committee consisting of Messrs. Coopwood, Daniel and McVay of Law.

Mr. Bonnell presented the petition of John T. Simons praying the aid of the Legislature as in said petition mentioned, which was read and referred to the committee on propositions and grievances.

Mr. Smith of Clark presented the account of George H. Dubose, which was read and referred to the committee on accounts.

Mr. Stone presented the petition of Romeo Andre praying the passage of a law to emancipate certain slaves therein mentioned, which was read and referred to the committee on propositions and grievances.

Mr. Anderson presented the account of Martin Wells, which was read and referred to the committee on accounts.

Mr. McRae of Mon. presented the petition of the officers of a rifle company in the county of Monroe praying the passage of a law to be incorporated, which was read and referred to the military committee.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of sundry inhabitants of Walker county together with a memorial of the agent of sundry inhabitants of said county reported a bill to be entitled, an act to provide for the establishment of the permanent seat of justice in the county of Walker, which was read a first time and ordered to be read a second time on to morrow.

Mr. Vining from the committee on schools, colleges, and universities and school and university lands to whom was referred a bill to be entitled, an act extending the duties of the school commissioners of the sixteenth sections: Reported the same without amendment. Mr. Moore of Mad. moved that the further consideration of the bill be indefinitely postponed,  which was carried, yeas 30- nays 28.

The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Bell, Bonnell, Clark, Conner, Coopwood, Davis, Ellis, Harris, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. Moore of Jack.  Moore of Mad. Paulding, Price, Rainey, Rather, Richardson, Robertson, Sharp, Sibley, Smith of Mad.  Stone, Vaughan, Vining, Walker,30.

Those who voted in the negative are,

Mr. Anderson, Bradford, Brown, Broadnax, Colgin, Collier, Cook, Craig, Daniel, Dennis, Durrett, Duke, Edmondson, Greening, Higgins, Jack, Massey, McRae of Frank. Perkins, Russell, Sargent, Smith of Clark, Tarver, Terry, Walthal, Ward, Weisinger, Wiggins, 28.

A message from the Senate by Mr. Lyon.

Mr. Speaker- The Senate have passed bills which originated in their House entitled, an act defining the liability of endorsers, and for other


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purposes, an act to authorize and require the Secretary of State to provide and distribute to each county in this State, one set of weights and measures, and an act to preserve the health of the inhabitants residing on sinking creek in Lauderdale county, in  which they desire your concurrence. They have passed bills which originated in the House of Representatives entitled, an act to emancipate certain person therein named, an act to emancipate a certain slave therein named, an act to alter the boundaries of certain counties therein named, and have amended the same by striking out the second section, and an act to fix and establish the dividing line between the counties of Tuscaloosa and Jefferson, by visible and marked boundaries, and have amended the same by striking the proviso from the end of the first section in which amendments they desire your concurrence and then he withdrew.

Mr. Vining from the committee on schools, colleges and universities, and school and university lands to whom was referred a resolution of this House, instructing them to enquire into the expediency of reducing the minimum price at which the university lands of this state may be entered below the price established by the act of the 13th of January 1826 entitled, an act to class and fix the price of the university lands: Reported that they deem it inexpedient to make such reduction, in which report the House concurred.

Mr. Stone from the military committee to whom was referred the Governors message on the subject of the public arms now in the arsenal with the Quarter Master General's account for cleaning the same and also the Quarter Master General's annual report: Reported that they have examined the public arms in the arsenal and find them in good order, according to the Quarter Master General's annual report, and they have reported a bill to be entitled an act to provide for the preservation of the public arms, which was read a first time and ordered to be read a second time on tomorrow.

Mr. Stone from the military committee to whom was re-committed a bill to be entitled, an act to amend the several acts now in force relative to the militia and patrol laws of this state: Reported the bill with the following amendments, strike out the three first sections and substitute in lieu thereof, three other sections, and also by the addition of two other sections. Mr. McVay of Laud. moved that the further consideration of the bill be indefinitely postponed, which was carried.

Mr. Forrest from the select committee to whom was referred a bill to be entitled, an act to locate the seat of justice in the county of Tuscaloosa: Reported the same with the following amendments to wit, after the word “court,” insert the word “house,” in the same section after the word “which,” insert the words “shall have,” and strike out the word “has,” after the word “be,” strike out the word “located,” insert the word “erected” in the 3d section strike out the word “shall,” and by striking out the 2d section and by adding thereto an additional section, which several amendments were concurred in by the House. Mr. Ellis moved to amend the last section of the bill by adding after the word “holden” the words “at such convenient place in the upper town of Tuscaloosa as the Sheriff shall provide for that purpose,” which was lost. Mr. Rather who voted in the majority, moved to reconsider the vote taken on concurring, by striking out the 2d section. Mr. Collier moved that it lie on the table till Wednesday next which was lost. Mr. Coopwood then moved that it lie on the table till the 1st day of March next, which was lost. The question was then on Mr. Rathers motion: Ordered that the


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House disagree to the amendment by striking out the second section.-- Mr. Perkins moved to amend the 2d section, by the following, at the end of the 2d section: “Provided this amount be raised by subscription,” which was lost. It was then read a second time as amended and ordered to be engrossed for a third reading on tomorrow.

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 amend an act incorporating the town of Huntsville. They have read three several times and passed a bill which originated in their House entitled, an act to emancipate certain persons therein named, in which they desire your concurrence. They have passed bills which originated in the House of Representatives entitled, an act to authorize the county court of Butler county to make further sales of lots in Greenville, and an act to repeal in part an act passed 27th December, 1814, and have amended the same as herewith shown, in which they desire your concurrence.-- They have also passed bills which originated in their House entitled, an act to change the time of holding the county court of Monroe county, an act to provide for reports of the decisions of the supreme court, an act to authorize Mahala Farrar to emancipate a mulatto woman slave named Patience; an act to incorporate the town of Tuscaloosa, and to repeal an act incorporating said town passed 13th Dec. 1819; & an act to repeal an act entitled an act to provide for the payment of petit jurors in certain counties therein named, approved December 22, 1826 so far as the said act relates to the counties of Dallas, Madison and Montgomery. In all of which they respectfully desire your concurrence, they have also, passed bills which originated in the House of Representatives entitled, an act, to amend a certain act therein mentioned and an act to authorize the administrator of Daniel Mitchell to make and receive assurances of title to certain real estate, and then be withdrew.

Ordered, that the House concur in the amendments made by the senate to the bill entitled an act, to repeal, in part an act passed the 27th December 1814 by striking out the words “supposed to be” and substituting in lieu thereof the words “his attorney or agent” Ordered, that the House concur in the amendments, made by the senate to the bill entitled an act, to alter the boundaries of certain counties therein named by striking out the second section, Ordered, that the House concur in the amendment made by the senate to the bill entitled, an act to fix and establish the dividing line between the counties of Tuscaloosa and Jefferson, by visible and marked boundaries, by striking out the proviso at the end of said bill.

Mr. Moore of Jack. obtained leave to introduce a bill to be entitled an act giving additional power to the commissioners for superintending the erection of the state Capitol and for compensating the superintendent which was read a first time and ordered to be read a second time on to-morrow.

Mr. Stone obtained leave to introduce a bill to be entitled an act to authorize Jesse Lot of Mobile county to continue his toll bridge over Dog river which was read a first time & ordered to be read a second time on tomorrow.

Mr. Harris presented the record and proceedings of the circuit court of Washington county exercising Chancery Jurisdiction in the case of Jas. Pharr, against Mary Pharr for divorce, which was read and referred to the committee on divorce and Alimony. Mr. Harris obtained leave to introduce a bill to be entitled an act, to authorize Josiah D. Lister administrator of the estate of Charles Vivian deceased to settle his accounts in


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the circuit court of Washington county which was read a first time and the rule requiring bills to be read on three several days being dispensed with. It was then read a second time forthwith and ordered to be engrossed for a third reading on tomorrow.

Mr. Bradford obtained leave to introduce a bill to be entitled an act, to alter the times of holding company courts martial which was read a first time and ordered to be read a second time on tomorrow.

Mr. Smith of Clark moved to take from the table the 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 which was carried. Ordered, that the House concur in the amendments made to the first section of the bill by striking out after the word “Morgan” the word “two” and insert the word “three”  Ordered, that the House concur to the amendment to the same section by striking out after the word “Monroe” the word “two” and insert the word “three” Ordered that the House disagree to the amendment to the same section by striking out “two” after the word “Butler” to insert one which was carried Yeas 44- Nays 16. The yeas and nays being desired. Those who voted in the affirmative are,

Mr. Speaker, Bell, Bradford, Brown, Broadnax, Bonnell, Colgin, Collier, Conner, Cook, Craig, Dennis, Durrett, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon. Moore of Mad. Perkins, Rather, Richardson, Ross, Robertson, Sharp, Sibley, Smith of Mad. Stone, Tarver; Terry, Vaughan, Vining, Walthal, Ward, Weisinger, 44.

Those who voted in the negative are,

Mr. Acklen, Anderson, Bridges, Clark, Coopwood, Daniel, Davis, Ellis, McRae of Frank. Moore of Jack. Price, Rainey, Russell, Sargent, Smith of clark, Wiggins, 16.

Ordered, that the House concur in the amendments, by striking out sections, No. 2 and 3, and by substituting two other sections in lieu thereof. Mr. Moore of Jack. who voted in the majority, moved to reconsider the vote taken on concurring, by striking out the 2d and 3d sections, with a view to transpose marion to Franklin, which was lost.

Mr. Ross moved to amend the 1st section by striking out “Clark,” with a view to insert “Wilcox” which was lost. yeas 15- nays 47

The yeas and nays being desired. Those who voted in the affirmative are.

Mr. Speaker, Collier, Craig, Daniel, Edmondson, Forrest, Harris, Jack, Lewis, Matin, McVay of Law. Perkins, Ross, Sibley, Stone 15.

Those who voted in the negative are,

Mr. Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnel, Clark, Colgin, Conner, Cook, Coopwood, Davis, Dennis, Durrett, Duke, Ellis, Greening, Higgins, Kelly, Lawler, 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 Clark, Smith of mad. Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins, 47.

Mr. Anderson moved to amend the bill by striking out of the 3d section, the word “Wilcox,” with a view to insert Marengo, which was carried. Mr. Daniel moved to amend the 1st section, by striking out the word “two” to insert the word “one,” which was carried. Mr. Moore of Mad. moved to strike out of the 1st section of the bill, the word “two” after the word “Mobile” with a view to insert “one”, which


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was lost. The bill was then read a second time as amended, and ordered to be read a third time on to morrow.

Mr. Ross moved that the house now adjourn until Wednesday morning 10 o'clock, which was lost. yeas 12- nays 49.

The yeas and nays being desired. Those who voted in the affirmative are.

Mr. Acklen, Broadnax, Collier, Craig, Davis, Harris, Jack, Kelly, Perkins, Ross, Terry, Vaughan, 12.

Those who voted in the negative are,

Mr. Speaker, Anderson, Bell, Bradford, Brown, Bridges, Bonnell, Clark, Colgin, Conner, Coopwood, Daniel, Dennis, Durret, Duke, Ellis, Edmondson, Forrest, Greening, Higgins, Lawler, Lewis, 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, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Vining, Walker, Walthal, Ward, Weisinger, Wiggins 49.

A message was received from the Governor by James I. Thornton, which he handed in at the Speakers chair, and then he withdrew. Said message is as follows.

Executive Department, December 24th, 1827.

The honorable, the Speaker and members of the House of Representatives: gentlemen. I have the honor to transmit you the annual report of the board of trustees of the university of Alabama. I have the honor to be most respectfully, your ob't servant.

Signed  JOHN MURPHY.

Ordered, that said message together with the accompanying document lie on the table, and that one hundred and twenty five copies thereof be printed for the use of this House, and then the House adjourned till half past 2 o'clock this evening.

EVENING SESSION, Half past 2 o'clock.

The House met pursuant to adjournment.

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 for the relief of William Ferguson, an act for the benefit of the Pikesville Library company, and an act to give Justices of the Peace jurisdiction of certain contracts therein named, all of which originated in the Senate.

On motion of Mr. Lawler: Ordered, that the Representatives from the county of Jefferson be added to the select committee to whom was referred the petition of sundry inhabitants of Shelby county, praying the passage of a law to authorize Micajah Jones to turnpike a road therein named.

Engrossed bill from the Senate entitled, an act to provide for the location of the university of the State of Alabama, was read a second time. Mr. Walker moved to amend the bill, by striking out all after the enacting clause, and substituting an amendment in lieu thereof.

Mr. Greening moved to amend the amendment by way of proviso at the end of the 2d section, which was carried, the question was then put on Mr. Walkers amendment as amended, and lost. Mr. Ross moved to amend the bill, by striking out “24,” with a view to insert 31st  which was carried. Mr. Ellis moved to amend the bill by way of the following proviso: Provided that the trustees may erect the necessary building at any place within _____ miles of the scite selected by a joint vote of


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both Houses of the General Assembly,” which was adopted, and the question being put, shall this bill be read a third time on to morrow, it was determined in the affirmative, yeas 48- nays 14.

The yeas and nays being desired. Those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Collier, Conner, Cook, Davis, Dennis, Durrett, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Martin, McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Perkins, Rainey, Richardson, Ross, Robertson, Russell, Sharp, Sibley, Smith of Clarke, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Ward, Weisinger, Wiggins- 48.

Those who voted in the negative are,

Mr. Clark Coopwood, Craig, Daniel, Duke, Lawler, Lewis, McVay of Laud. McVay of Law. Massey, Price, Rather, Sargent, Walthal- 14.

An engrossed bill entitled “an act to amend and explanatory of an act to authorize William H. Ragsdale and his associates to turnpike a road therein specified,” passed 14th day of January 1826, was, on motion of Mr. Martin taken from the table and referred to a select committee consisting of Messrs. Martin, Duke and McRae of Frank.

Mr. Massey obtained leave to introduce a bill to be entitled “ an act to compel all persons liable to do military duty to carry their fire arms to all musters and drills and for other purposes therein specified,” 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 provide for reports of the decisions of the Supreme court: an act to emancipate certain persons therein mentioned: and an act to authorize and require the Secretary of state to procure and distribute to each county in this state, one set of weights and measures: were severally read a first time and ordered to be read a second time on tomorrow.

Engrossed bill from the Senate entitled “ an act to change the time of holding the county court of Monroe county;” was read a first time and the rule requiring bills to be read on three several days being dispensed with, It was then read a second time forthwith & the rule being further dispensed with, it was read a third time forthwith and passed. Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

Mr. Russell obtained leave to introduce a joint resolution taking into consideration the demoralising tendency resulting from the common practice of electioneering;  which was read a first time and ordered to be read a second time on tomorrow. Mr. Harris then moved that the House adjourn until Wednesday morning 10 o'clock: which was lost. Yeas 29- nays 32, The Yeas and nays being desired, those who voted in the affirmative are,

Messrs. Acklen, Anderson, Bell, Broadnax, Collier, Craig, Davis, Dennis, Durrett, Ellis, Forrest, Harris, Jack, Lewis, Martin, Massey, McRae of mon. McRae of Frank. Moore of Jack. Perkins, Price, Rather, Robertson, Russell, Smith of Clarke, Tarver, Terry, Vaughan, Walker - 29.

Those who voted in the negative are,

Mr. Speaker, Bradford, Brown, Bridges, Bonnell, Clark, Colgin, Conner, Cook, Coopwood, Daniel, Duke, Edmondson, Greening, Higgins, Lawler, McVay of Laud. McVay of Law. Moore of mad. Rainey, Richardson, Sargent, Sharp, Sibley, Smith of mad. Stone, Vining, Walthal, Ward, Weisinger, Wiggins- 32.

Mr. Harris then moved that the House adjourn until Wednesday morning half past 9 o'clock, which was lost. Yeas 30- nays 30. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Acklen, Anderson, Bell, Broadnax, Collier, Cook, Craig, Davis, Dennis, Durrett, Ellis, Forrest, Harris, Jack, Lewis, Martin, Massey, McRae of mon. McRae of Frank. Moore of Jack. Perkins, Price, Rather, Robertson, Russell, Smith of Clarke, Tarver, Terry, Vaughan and Walker- 30.

Those who voted in the negative are,

Mr. Speaker, Bradford, Brown, Bridges, Bonnell, Clark, Colgin, Conner, Coopwood, Daniel, Duke, Edmondson, Greening, Higgins, Lawler, McVay of Laud. McVay of Law. Moore of


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Mad. Rainey, Richardson, Sargent, Sharp, Sibley, Smith of Mad. Stone, Vining, Walthal, Ward, Weisinger and Wiggins- 30.

Engrossed bill from the Senate entitled “an act defining the liability of endorsers and for other purposes;” was read a first time and ordered to be read a second time on tomorrow. And then the House adjourned until Wednesday morning; 10 o'clock.