Thursday, December 27, 1827.

The House met pursuant to adjournment.

Mr. Smith of Clarke to whom was referred the petition of sundry inhabitants of Monroe and Clarke counties.  Reported that it is inexpedient to legislate on the subject at the present session: in which report the House concurred.

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 amend a certain act therein mentioned: an act to authorize the administrator of Daniel Mitchell to make and receive assurance of title to certain real estate: an act to authorize the county court of Butler county to make further sales of lots in Greenville: an act to emancipate a certain slave therein named: an act to repeal in part an act passed 27th December, 1814: an act to fix and establish the dividing line between the counties of Tuscaloosa and Jefferson by visible and marked boundaries. all of which originated in this House.

Mr. Moore of Jack. made the following Report: The select committee to which was referred the preamble and resolutions of the General Assembly of the state of Ohio, when acting upon a communication from the Governor of the state of Georgia; and a resolution of the Senate of said


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state, recommending an amendment of the constitution of the United States, have had said resolutions under consideration and ask leave to Report that they concur with the General Assembly of the state of Ohio, that innovations on the constitutional laws of a community ought to be cautiously made.  They believe that political wisdom, matured by experience, forbids any innovation unless called for by some palpable defect. But your committee are of opinion, that the constitution of the United States is palpably defective in giving the election of President in any event to the House of Representatives in Congress, because an improper exercise of that power, may result in the election of a President opposed to the choice of the people, which is incompatible with the spirit of a republican government and ought to be avoided when practicable.  Your committee would therefore recommend that the constitution of the United States be so amended, as to give the election of President directly to the people in such manner as to preserve equality of rights throughout the different states of the Union; and to effect that end, do recommend the adoption of a joint resolution proposing amendments to the constitution of the United States, in relation to the election of President of the United States: which was read a first time and ordered to be read a second time on tomorrow.

Mr. Walthal obtained leave to introduce a bill to be entitled “an act to incorporate the trustees of _________ academy, in Perry county;” which was read a first time and ordered to be read a second time on tomorrow.

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,” was read a second time and referred to a select committee consisting of Messrs Vining, Acklen, and Craig.

A bill to be entitled “an act to authorize the county court of Jackson County, to levy an extra tax.” Mr. Moore of Jack. moved to amend the bill by adding thereto an additional section: which was carried.  The bill was read a second time as amended and ordered to be engrossed for a third reading on tomorrow.

A bill to be entitled “an act to amend an act to incorporate the town of Montgomery.”  Mr. Vaughan moved to amend the bill by way of proviso, which was carried.  The bill was then read a second time as amended and Ordered to be engrossed for a third reading on tomorrow.

Engrossed bills of the following titles, to wit: an act to authorize Josiah D. Lister, administrator of the estate of Charles Vivian deceased, to settle his accounts in the circuit court of Washington county: joint resolution in relation to an exchange of sixteenth sections: joint resolution in relation to the Cherokee boundary: were severally read a third time and passed.  Ordered that the titles be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill from the Senate entitled "an act relative to the duties of Grand Juries" was read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

A bill to be entitled “an act to amend an act entitled an act providing for the erection of a state capitol and for other purposes,” was on motion of Mr. Coopwood laid on the table.

A bill to be entitled “an act in relation to a certain fund therein mentioned,” was read a second time.  Mr. Sibley moved that the bill be considered as engrossed and be read a third time forthwith, which was carried.  The bill was then read a third time and passed.  Ordered that the


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

A bill entitled “an act to extend to St. Clair county, concurrent civil and criminal jurisdiction with Autauga county, in the Creek nation.” Mr. Lawler moved to amend the bill by adding “Shelby” after the word “St. Clair,” wherever it occurs in the bill; which was carried.  The bill was then read as amended a second time, and ordered to be engrossed for a third reading tomorrow.

A bill to be entitled “an act the better to designate the free people of color” Mr. Colgin moved to amend the bill by inserting the word “height” before the word “complexion” in the 1st section; which was carried.  The bill was then, on motion of Mr. Coopwood, referred to a select committee consisting of Messrs. Coopwood, Smith of mad and Lawler.

Bills of the following titles, to wit: an act to amend an act entitled an act concerning roads, highways, bridges, and ferries in the county of Mobile: an act to emancipate certain slaves therein named: an act to authorize the election of a Justice of the Peace in the town of Columbia in Shelby county: were severally read a second time and ordered to be engrossed for a third reading on tomorrow.

Engrossed bill from the Senate entitled “an act to incorporate the Sommerville Philomathian society,” was read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

A message from the Senate by Mr. Lyon.

Mr. Speaker: -- The Senate has passed bills which originated in their House, entitled "an act reviving an act authorizing a lottery for the benefit of the navigation of the Butterhatchee river: an act to authorize the court of revenue and roads in the county of Wilcox to alter state roads in said county: an act fixing the times of holding the Orphans' court of the several counties in this state: and an act to authorize John P. Neale, agent of William A. Powell, to emancipate John Robinson a man of color in all of which they respectfully desire your concurrence.  They have also passed a bill which originated in the House of Representatives, entitled “an act to aid in the endowment of a Humane Charity Hospital in the city of Mobile.”  And then he withdrew.

Engrossed bills from the Senate of the following titles, to wit: an act to authorize John P. Neale, agent of William A. Powell, to emancipate John Robinson, a man of color: an act fixing the times of holding the Orphans' court of the several counties in this state: an act reviving an act authorizing a lottery for the benefit of the navigation of the Butterhatchee river: an act to authorize the court of revenue and roads of the county of Wilcox, to alter state roads in said county: were severally read a first time and ordered to be read a second time tomorrow.

A bill to be entitled “an act for compensating Jesse Beene,” was on motion of Mr. Coopwood laid on the table.  Engrossed bill to be entitled “an act to regulate the inspection of tobacco in this state,” was read a third time.  Mr. Anderson moved that the further consideration of the bill be indefinitely postponed: which was lost.  Yeas 20 -- nays 31.  The yeas and nays being desired, those who voted in the affirmative are;

Mr. Speaker, Acklen, Anderson, Bonnell, Clark, Colgin, Coopwood, Daniel, Durrett, Duke, Ellis, Edmondson, Martin, McRae of Frank. Rather, Richardson, Robertson, Russell, Sargent, Vining -- 20.

Those who voted in the negative are,


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Mr. Bell Bradford Brown Broadnax Bridges Conner Davis Dennis Higgins Jack Lawler McVay of Laud. McVay of Law. Massey McRae of mon. Moore of Jack. Moore of mad. Perkins Price Rainey Sharp Sibley Smith of Clarke Smith of mad. Stone Terry Vaughan Walthal Ward Weisinger Wiggins -- 31.

Mr. Rather moved to amend the bill by way of the following engrossed ryder, “Provided that nothing herein contained shall prevent any person or persons from sending chewing tobacco to market in kegs of less than five hundred pounds” Mr. Stone moved to amend the amendment by striking out the words “kegs of” to insert “less quantity;” which was carried; and the question being put, shall this bill pass?  it was determined in the negative.

Mr. Rather moved that the following be adopted as one of the rules of this House: and should a motion to adjourn not carry, then it shall not be in order to move for an adjournment for thirty minutes: which was lost.

A bill to be entitled “ an act to repeal in part and amend an act entitled an act respecting slaves,” passed March 6th 1805, was read a second time and ordered to be engrossed for a third reading on tomorrow.

A bill to be entitled “an act to amend in part an act entitled an act to reduce into one, the several acts concerning roads, bridges, ferries, and highways.”  Mr. Rather moved that the bill lie on the table till the first day of March next; which was lost.  Mr. Stone moved to amend the bill by way of the following proviso; provided the provisions of this act shall not extend to or operate in the county of Mobile: which was carried.  Mr. Coopwood moved to amend the bill by way of the following proviso: provided said apportioners shall not be exempt from working on roads: which was lost.  The bill was then read a second time and ordered to be engrossed for a third reading on tomorrow.

A bill to be entitled “an act to authorize sheriffs to take bonds in certain criminal cases,” was read a second time, Mr. Daniel moved to amend the bill by adding thereto an additional section; which was carried.  Mr. Martin moved to amend the bill by adding after the word 'manner' the words “and under the same restrictions and conditions as,” which was carried.  Mr. Forrest moved to amend the bill with the following: “and all recognizance’s so taken shall have the force and effect of recognizance’s taken by Justices of the peace;” which was carried.  The bill was then ordered to be engrossed for a third reading on tomorrow.

Engrossed bill form the Senate entitled “an act concerning the owners and keepers of mills, and other water works;” was read a second time and referred to a select committee consisting of Messrs. Craig, Edmondson and Martin.

Engrossed bill from the Senate entitled “an act more effectually to prevent frauds and fraudulent conveyances, and for other purposes,” was read a second time and referred to the Judiciary committee.  And then the House adjourned until three o'clock this evening.

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

A bill to be entitled an act to change the place of holding the medical board, for the district of Cahawba; was read a second time and ordered to be engrossed for a third reading on to morrow.

Engrossed bill entitled, an act for the relief of Caswell R. Clifton, tax collector of Madison county, was read a third time, and on Mr. Martin's motion, was laid on the table.

20


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A bill to be entitled, an act authorizing the heirs, representatives, and associates of John Byler deceased, to erect a gate on the road known by the name of Byler's turnpike road, was on motion of Mr. McVay of Laud. taken from the table.  Mr. Moore of mad. moved that the bill lie on the table; which was lost.  Mr. Perkins then moved that the further consideration of the bill be indefinitely postponed, which was lost, yeas 5, nays 43.  The yeas and nays being desired.  Those who voted in the affirmative are.

Mr. Bridges Collier Davis Martin and Perkins 5.

Those who voted in the negative are.  Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bonnell Clark Colgin Conner Cook Daniel Dennis Durrett Duke Edmondson Forrest Higgins Lawler McVay of Laud McVay of Law. massey McRae of mon. McRae of Frank. Moore of mad. Paulding Price Rainey Rather Richardson Robertson Sargent Sharp Sibley Smith of Clark Terry Vaughan Walker Walthal Ward Weisinger and Wiggins 43.

The bill was then read a second time and ordered to be engrossed for a third reading on tomorrow.

A bill to be entitled, an act for compensating Jesse Beene, was on motion of Mr. Walker taken from the table, and read a second time.  Mr. Clark moved to strike out the words, "one hundred and fifty four dollars and 16 cents," which was carried, yeas 30 -- nays 22.  The yeas and nays being desired, those who voted in the affirmative are.

Mr. Anderson Bell Bradford Brown Bridges Clark Colgin Craig Daniel Davis Durrett Edmondson Forrest Lawler Martin McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of Mad. Perkins Rather Richardson Robertson Sargent Tarver Vaughan Walthal Ward and Wiggins 30.

Those who voted in the negative are.

Mr. Speaker Acklen Broadnax Bonnell Collier Conner Cook Coopwood Dennis Duke Greening Higgins McRae of Mon. Paulding Rainey Ross Russell Sharp Sibley Vining Walker and Weisinger 22.

Mr. Clark then moved to strike out of the section all after the word “cents,” which was lost.  Mr. Martin moved to amend the bill by way of the following proviso, after the word “Alabama:” Provided, that before the said Beene shall receive the said sum hereby allowed for copying the opinions of the supreme court, he shall relinquish and assign over to the state, all his title to the same, which was carried, and the question being put, shall this bill be engrossed and read a third tomorrow.  And then the House adjourned until tomorrow morning 9 o'clock.