WEDNESDAY, December 26, 1827.

The House met pursuant to adjournment.

Mr. Moore of Jack. from the committee on the state Capitol, having had under consideration a resolution instructing them to inquire into the expediency of providing by law for the sale of the property belonging to the state in the town and vicinity of Cahawba, Reported that it is inexpedient at this time: to legislate on that subject, because of the scarcity of money: in which report the House concurred.

Mr. Ellis from the committee on enrolled bills, Reported that they had examined and found correctly enrolled “an act to incorporate the Blakeley and Greenville Turnpike company:” which originated in this House.

Mr. Martin from the select committee to whom was referred an engrossed bill to be 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 the 14th day of January 1826; Reported the same with an amendment by adding thereto an additional section: in which report the House concurred. Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Mr. Terry made the following report: The select committee to whom was referred so much of the message of his Excellency the Governor, as relates to the resolutions of the state of Maine and Connecticut, have had the same under consideration and have instructed me to Report that the subject discussed, and the principles asserted and maintained in the preamble and resolutions of the Legislature of the state of Maine, are of great national importance, and deserve the candid attention of the national and state governments. The legislature of Maine with a patriotic forbearance, waiving the subject of the constitutional power of the general Government to prosecute a scheme of internal improvement within the several states, suggest and sustain with great force, propriety, and clearness of reasoning, a practical substitute for the exercise of that danger us and contested power calculated to attain the same great results, in a manner every way less liable to objection, when the public debt shall have been paid. It is obvious that a large amount of the surplus revenue will be annually received into the treasury: it is believed that a surplus of ten millions annually; may be applied to the purposes of internal improvement and general education.

The legislature of the state of Maine recommend that this immense sum shall not be expended by & under the directions of the general government, but on the contrary, shall be annually divided between the several states according to their representation, to be expended by the states respectively, in the prosecution of works of internal improvement and the promotion of education. This course, it is believed, will attain all the objects that the general government can have in view, without promoting in any degree, its alarming tendency to consolidation:- and if the same objects can be attained- the same monuments of wisdom and enterprise arise in the land, and mark the intelligence and energy of the age and the people; if the general government can reasonably calculate on the result; it is confidently believed that a power so questionable on constitutional grounds, and in the opinion of many of the most enlightened patriots, so dangerous to the freedom of the country, will not be put in practice, but yielded at once to the management of the states. It may be worthy of remark, that the power to raise a revenue by imposts, was surrendered by the states to the general government at a time when the debts of the revolutionary war were unpaid and the credit of the nation so how, as to require the greatest intelligence and energy of the statesmen then


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on the stage, to pay the debts and sustain the credit of the general government and promote harmony among the states. It was not then anticipated that the revenue arising from imposts would prove so ample as to extinguish the public debt and leave an overflowing treasury; as it is now probable that it will when all the purposes of this grant shall have been attained the public debt extinguished, the current expenses paid, and a large surplus left in the treasury the states that granted the power may well claim the redundant surplus to be returned to them; and it is not perceived upon what fair principle the general government could withhold it. The committee report a joint resolution approving the sentiments contained in the resolutions of the state of Maine: which was read a first time and ordered to be read a second time on tomorrow.

Mr. Rainey obtained leave to introduce a joint resolution instructing his Excellency the Governor, to cause the remains of the late Israel Pickens to be removed from the Island of Cuba to his late residence in Greene county: which was read a first time. Mr. Russell moved to amend the resolution by adding another member thereto; which was carried: and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a second time forthwith, and the said rule being further dispensed with, it was then read a third time and passed. Ordered that the title be aforesaid. Ordered that the same be sent to the Senate for their concurrence.

A message from the Senate by Mr. Lyon.

MR. SPEAKER- The Senate have passed bills which originated in their House, entitled “an act to authorize the Judge of the county court and commissioners of revenue and roads of Tuscaloosa county, to hold a special court;” “an act to authorize a lottery for the purpose of building an academy and court house in the county of Henry;” and “an act further to amend the charter of the Bank of the state of Alabama.” in all of which they respectfully desire your concurrence.

Mr. Coopwood from the select committee to whom was referred the petition of William Hynds of Lawrence county, praying that a law may be passed authorizing him to sell and convey a certain quarter section of land therein mentioned, Reported a bill to be entitled “an act to authorize William Hynds to sell and convey a certain tract of land therein mentioned and for other purposes;”  which was read a first time and ordered to be read a second time on tomorrow.

Mr. Rainey from the select committee to whom was referred a communication from his Excellency the Governor and trustees of the University, ask leave to be discharged from the further consideration of the same; as a bill embracing the object therein contained is now before the House: which was granted.

On motion of Mr. Walthal, Resolved that the secretary of the Board of Trustees of the University be required to furnish this House with a copy of the report of said Board, in compliance with the law requiring them to report a suitable place or places for the location of said institution.

Mr. Coopwood obtained leave to introduce a bill to be entitled “an act to provide for keeping in repair a certain road therein mentioned;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Daniel obtained leave to introduce a bill to be entitled, “an act for the relief of Charles Pearson, tax collector of Lawrence county;” which was read a first time and ordered to be read a second time on tomorrow.

On motion of Mr. Terry Resolved that with the concurrence of the Senate, the two Houses will assemble in the Representative Hall at 3 o'

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clock p.m. on Saturday next, for the purpose of electing a Judge of the county court for the county of Autauga.

Mr. Rather moved to adopt the following as one of the rules of the House: “And should a motion to adjourn not carry, then it shall not be in order to move for an adjournment for thirty minutes thereafter; which according to order, lies over for one day.”

Mr. McRae of Frank. obtained leave to introduce a bill to be entitled, “an act to repeal in part an act passed march 1803, and re-enacted with amendments February 1807;” 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 relative to Volunteer companies, in the militia of this state, and for other purposes;” 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 amend the 5th section of an act regulating judicial proceedings passed December 18th 1811;”  which was read a first time and ordered to be read a second time on tomorrow.

A message from the Governor by James I. Thornton; which is as follows:

DECEMBER 26, 1827.

Mr. SPEAKER:-- I am instructed by the Governor to inform your honorable body that he did, on the 22d instant, approve and sign the following bills, to wit: an act to authorize the sheriff of Walker county to execute precepts issued by Justices of the peace: 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: and on the 24th instant: 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 laws of this state: all of which originated in the House of Representatives.

Mr. Walker obtained leave to introduce a memorial to the Congress of the United States, asking permission for the trustees of the University of Alabama, to select other lands in lieu of those herein mentioned; which was read a first time and ordered to be read a second time on tomorrow.

A bill to be entitled “an act for the relief of Caswell R. Clifton, tax collector of Madison county;” was read a second time and ordered to be engrossed for a third reading on tomorrow.

Engrossed bill from the Senate entitled "an act to authorize the Judges of the county court and the commissioners of revenue and roads of Tuscaloosa county to hold a special court," 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 the rule being further dispensed with, it was then read a third time and passed. Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate entitled, "an act authorizing a lottery for the purpose of building an academy and court House in the county of Henry;" was read a first time and ordered to be read a second time on tomorrow:

Mr. Greening moved to take from the table the engrossed bill from the Senate entitled “an act to provide for the location of the University of the state of Alabama:” which was lost. Yeas 30- nays 30. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bradford, Brown, Bonnell, Colgin, Collier, Conner, Cook, Ellis, Forrest, Greening, Higgins, Jack, Lewis, Mc-


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Rae of mon. Moore of Jack. Perkins, Rainey, Richardson, Russell, Sargent, Sibley, Smith of Clarke, Stone, Tarver, Walker, Walthall, Wiggins 30.

Those who voted in the negative are,

Mr. Bell, Broadnax, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Harris, Lawler, Martin, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of mad. Price, Rather, Robertson, Sharp, Smith of mad. Terry, Vaughan, Vining, Ward, Weisinger- 30.

A bill to be entitled “an act to authorize the sales of sixteenth sections, and for other purposes,” was then taken up. Mr. Terry moved to amend the 1st section of the bill after the word “next” with the words “or at such time thereafter as they may appoint giving at least ____ day's notice by advertisements in three or more public places in said township;” which was carried. Mr. Jack who voted in the majority moved to reconsider the vote given on the adoption of Mr. Terry's amendment, which was lost. Mr. Bridges moved to strike out the word “thirty” in the 2d section: which was lost. Mr. Bridges moved to strike out the section the words “or in some newspaper in or near thereto:” which was carried. Mr. Craig moved to amend the 3d section after the word ‘sale’ or lease for any term of years not exceeding fifty:” which was lost. Mr. Moore of mad. moved to strike out of the 6th section all after the word township;" which was carried. Mr. Terry moved to amend the 8th section after the word ‘bidder’ with the words "and the commissioners aforesaid shall fix a minimum price on each tract of land so offered for sale, and if there shall be no bid at or above the minimum so fixed, the said land shall remain one year, and then be offered for sale again; and if on the second offer of said land for sale, there shall be no bid at or above the minimum price, the said land may be sold at any time thereafter by said commissioners at the minimum price;” which was carried. Mr. Rainey moved to amend the 8th section, by striking out the word 'six' to insert the word 'eight:' which was carried. Mr. Clark moved to amend the 8th section by striking out from the word 'Alabama,' including the word 'bank' which was carried. Mr. Bridges moved to amend the bill by adding thereto an additional section: which was carried. Mr. McVay of Laud. moved to amend the bill by adding thereto an additional section which was lost. Mr. Rainey moved to amend the bill by way of the following proviso: "Provided that in all cases where the 16th sections may be sold, that at least one acre shall be reserved on which to erect a school house;" which was lost. Mr. Greening moved to amend the 10th section by way of proviso; which was carried. Mr. Kelly moved to amend the bill by adding thereto an additional section. Mr. Harris moved to amend the bill by adding thereto an additional section; which was carried. Mr. Greening moved to amend Mr. Kelly's amendment, by adding a proviso thereto; which was carried. The question was then on the adoption of Mr. Kelly's amendment as amended; which was carried. Mr. Lawler moved to amend the 4th section after the word ‘acres’ insert the words “or one quarter section;” which was carried. Mr. Lawler who voted in the majority moved to reconsider the vote given on the adoption of Mr. Kelly's amendment; which was carried. Mr. Lewis moved to strike out Mr. Kelly's amendment. Mr. Clark moved to amend the bill after the word “voters” insert “or a majority of them” which was lost. Mr. Greening moved to amend Mr. Kelly's amendment by inserting after the word “that” the words “two thirds;” which was carried. The question again was on Mr. Lewis' motion to strike out Mr. Kelly's amendment


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which was carried. Yeas 38- nays 22 The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Speaker, Anderson, Bell, Bradford, Brown, Bridges, Bonnell, Colgin, Collier, Conner, Daniel, Durrett, Duke, Edmondson, Forrest, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, Moore of Jack. Moore of mad. Perkins, Price, Rainey, Rather, Ross, Robertson, Smith of Clarke, Smith of mad. Tarver, Terry, Vaughan, Vining, Walthal, Ward, Wiggins- 38.

Those who voted in the negative are,

Messrs. Acklen, Broadnax, Clark, Coopwood, Craig, Dennis, Ellis, Greening, Harris, Higgins, Jack, Kelly, McRae of mon. McRae of Frank. Richardson, Russell, Sargent, Sharp, Sibley, Stone, Walker, Weisinger- 22.

The bill was then read a second time as amended, and ordered to be engrossed for a third reading on to morrow; and then the House adjourned until 3 o'clock this evening.

EVENING SESSION, 3 o'clock.

The House met pursuant to adjournment.

Mr. Bridges obtained leave to introduce a bill to be entitled, an act to repeal an act therein mentioned, which was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill from the Senate entitled an act further to amend the charter of the bank of the State of Alabama, was read a first time and ordered to be read a second time on to morrow.

Engrossed bill from the Senate entitled an act to form a seventh judicial circuit, was read a second time. Mr. Clark moved that the bill lie on the table till the 1st day of March next, which was lost, yeas 16- nays 44. The yeas and nays being desired. Those who voted in the affirmative are,

Mr. Anderson Brown Clark Dennis Greening Higgins Lewis McRae of Mon. Rainey Sibley Smith of Clark Stone Walker Ward Weisinger Wiggins 16.

Those who voted in the negative are,

Mr. Speaker Acklen Bell Bradford Broadnax Bridges Bonnell Colgin Collier Conner Coopwood Craig Daniel Davis Durrett Duke Ellis Edmondson Forrest Harris Kelly Lawler Martin McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of Jack. Moore of Mad. Perkins Price Rather Richardson Ross Robertson Russell Sargent Sharp Smith of mad. Tarver Terry Vaughan Vining Walthal 44.

Mr. Perkins then moved that the bill lie on the table, which was carried.

Engrossed bill entitled, an act to establish two additional circuits was read a third time. Mr. McVay of Laud. moved that the bill lie on the table till the 1st day of June next, which was carried, yeas 36- nays 25. The yeas and nays being desired. Those who voted in the affirmative are,

Mr. Speaker Anderson Bell Bradford Brown Broadnax Bridges Bonnell Clark Colgin Conner Coopwood Craig Daniel Durrett Duke Ellis Edmondson Forrest McVay of Laud. McVay of Law. Massey Moore of Mad. Paulding Rather Richardson Robertson Sharp Sibley Smith of Mad. Tarver Terry Walker Walthal Weisinger and Wiggins 36.

Those who voted in the negative are,

Mr. Acklen Collier Davis Dennis Greening Harris Higgins Kelly Lawler Lewis Martin McRae of Mon. McRae of Frank. Moore of Jack Perkins Price Rainey Ross Russell Sargent Smith of Clark Stone Vaughan Vining Ward 25.

Mr. Craig moved to take from the table the engrossed bill from the Senate entitled, an act to form a seventh judicial circuit, which was car-


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ried,yeas 41- nays 20. The yeas and nays being desired. Those who voted in the affirmative are.

Mr. Speaker Acklen Bell Bradford Brown Broadnax Bridges Bonnell Colgin Collier Conner Coopwood Craig Daniel Davis Durrett Duke Ellis Edmondson Kelly Martin McVay of Laud. McVay of Law. Massey McRae of Mon. McRae of Frank. Moore of Jack. Moore of Mad. Paulding Price Rather Richardson Ross Robertson Russell Sargent Smith of mad. Terry Vaughan Vining Walker 41.

Those who voted in the negative are,

Mr. Anderson Clark Dennis Forrest Greening Harris Higgins Lawler Lewis Perkins Rainey Sharp Sibley Smith of Clark Stone Tarver Walthal Ward Weisinger and Wiggins 20.

Mr. McVay of Laud. moved that the bill lie on the table till the 1st day of June next, which was lost. yeas 26- nays 35. The yeas and nays being desired. Those who voted in the affirmative are.

Messrs Anderson Brown Bonnell Clark Colgin Craig Dennis Durrett Greening Harris Higgins Lawler Lewis McVay of Laud. Massey McRae of mon. Rainey Sharp Sibley Smith of Clark Stone Tarver Walker Ward Weisinger Wiggins 26.

Those who voted in the negative are,

Mr. Speaker Acklen Bell Bradford Broadnax Bridges Collier Conner Coopwood Daniel Davis Duke Ellis Edmondson Forrest Kelly Martin McVay of Law. McRae of Frank Moore of Jack. Moore of mad. Paulding Perkins Price Rather Richardson Ross Robertson Russell Sargent Smith of mad. Terry Vaughan Vining Walthal 35.

Mr. Greening then moved that the bill be referred to the judiciary committee, which was carried.

Engrossed bill to be entitled, an act to apportion the Representatives among the several counties of this state, and divide the state into Senatorial districts according to the late census, was on motion of Mr. Clark taken up, it was then read a third time. Mr. Stone moved to amend the bill by way of engrossed ryder, by adding thereto an additional section, which was lost, yeas 17- nays 45. The yeas and nays being desired. Those who voted in the affirmative are,

Mr. Bonnell Collier Ellis Greening Harris Higgins Lewis Paulding Rainey Ross Sharp Sibley Smith of Clark Stone Tarver Walthal Ward 17.

Those who voted in the negative are,

Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bridges Clark Colgin Conner Cook Coopwood Craig Daniel Davis Dennis Durrett Duke Edmondson Forrest Kelly Lawler Martin McVay of Laud. McVay of Law. Massey McRae of mon; McRae of Frank. Moore of Jack. Moore of mad. Perkins Price Rather Richardson Robertson Russell Sargent Smith of mad. Terry Vaughan Vining Walker Weisinger and Wiggins 45.

And the question, being put shall this bill pass it was determined in the affirmative, yeas 37 nays 2. The yeas and nays being desired. Those who voted in the affirmative are,

Mr. Speaker Acklen Anderson Broadnax Bonnell Clark Colgin Cook Davis Dennis Duke Greening Harris Higgins Kelly Lawler Lewis Martin McRae of Mon. McRae of Frank Rainey Ross Russell Sargent Sharp Sibley Smith of Clark Smith of Mad. Stone Tarver Terry Vaughan Vining Walker Walthal Ward Weisinger and Wiggins 27.

Those who voted in the negative are,

Messrs Bell Bradford Brown Bridges Collier Conner Coopwood Craig Daniel Durrett Ellis Edmondson Forrest McVay of Laud McVay of Law. Massey Moore of Jack Moore of mad. Paulding Perkins Price Rather Richardson Robertson 25.

Engrossed bills of the following titles, to wit: an act for the relief of William Jones of Walker county: an act to provide for the support of paupers, in the counties of Madison, Autauga, Tuscaloosa and Clark, were severally read a third time and passed. Ordered that the titles be as a-


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foresaid: Ordered, that the same be sent to the Senate for their concurrence.

Mr.  Forrest obtained leave to introduce a bill to be entitled, an act providing for the election of a Sheriff of Blount county and for other purposes, which was read a first time and ordered to be read a second time on to morrow.

The Speaker laid before the House, a communication from William Nichol, which was read and ordered to lie on the table.

Mr.  Martin moved to take from the table the bill to be entitled, an act to amend an act entitled an act to incorporate the town of Moorsville, and for other purposes, passed the 16th day of November 1818, which was carried, it was then read a second time and ordered to be engrossed for a third reading on to morrow.

Engrossed bill entitled, an act to divorce Winney Gaines from her husband Francis T. Gaines, was read a third time, and the question being put, shall this bill pass, it was determined in the affirmative, there being a constitutional majority voting in favor of its passage, yeas 44, nays 3.  Those who voted in the affirmative are.

Mr. Speaker Acklen Anderson Bell Bradford Broadnax Bonnell Clark Colgin Conner Cook Daniel Davis Durrett Ellis Edmondson Forrest Harris Higgins Martin McVay of Law. massey McRae of mon. McRae of Frank. Moore of Jack, Moore of mad. Perkins Price Rainer Rather Richardson Robertson Russell Sargent Sharp Sibley Smith of Clark Smith of mad. Stone Tarver Terry Walthal Ward and Wiggins 44.

Those who voted in the negative are.  Messrs. Coopwood McVay of Laud. and Weisinger 3.

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

A bill to be entitled, an act to establish the dividing line between the counties of Bibb and Tuscaloosa according, to the existing laws was read a second time and ordered to be engrossed for a third reading tomorrow, and then the House adjourned until tomorrow morning half past, 9 o'clock.