Friday, December 28, 1827.

The House met pursuant to adjournment.

Mr. Lawler from the select committee to whom was referred the petition of sundry citizens of Shelby county, praying the passage of an act to establish a turnpike road from McMurray's old saw mill in Jefferson county, to Montevallo, Reported a bill to be entitled “an act to establish a road from McMurray's old saw mill, on the Shades creek in Jefferson county, to Charles Mundines in Shelby county;” which was read a first time and ordered to be read a second time on Monday next.

Mr. Clark who voted in the majority on yesterday, moved to reconsider the voted given on the passage of a bill to be entitled “an act to regulate the inspection of tobacco in this state,” which was carried.  The bill was then put on its passage, and the question being put,  shall this bill


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pass?  It was determined in the affirmative.  Ordered, that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

The House then resumed the consideration of the question to engross and read a third time, the bill to be entitled “an act for compensating Jesse Beene;” and the question being put, shall this bill be engrossed and read a third time?  it was determined in the negative.

A bill to be entitled “an act to repeal an act therein mention;” was on motion of Mr. Weisinger, laid on the table till Monday next.

Bills of the following titles, to wit: an act to authorize Jesse Lott of Mobile county, to continue his toll bridge on Dog river: an act giving additional powers to the commissioners for superintending the erection of the state Capitol, and for compensating the superintendent: an act to provide for the establishment of the permanent seat of Justice in the county of Walker: an act to increase the capital of the Bank of the state of Alabama: and an act providing for the election of a sheriff of Blount county, and for other purposes, were severally read a second time and ordered to be engrossed for a third reading on tomorrow.

Mr. Forrest who voted in the majority, moved to reconsider the vote taken on the question to engross the bill entitled “an act compensating Jesse Beene;” which was lost.

Mr. Coopwood from the committee on divorce and alimony, to whom was referred the record and proceedings of the circuit court of Washington county, exercising chancery jurisdiction in the case of James Pharr against Mary Pharr for divorce, Reported a bill to be entitled “an act to divorce James Pharr from Mary Pharr,” 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. Clark obtained leave to introduce a bill to be entitled “an act relative to the estate of Isaac Edwards, late of Conecuh county, deceased;” which was read a first time and ordered to be read a second time on to-morrow.

Engrossed bills of the following titles to wit: “an act to authorize the raising of three thousand dollars of the purpose of building a bridge across Shoal creek: an act to amend an act entitled an act to incorporate the town of Mooresville and for other purposes,” passed the 16th day of November 1818, were severally read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill from the Senate entitled “an act further to amend the charter of the Bank of the state of Alabama,” was read a second time and referred to the committee on the state Bank.

Engrossed bill entitled “an act to provide for the compensation of Jurors,” was read a third time.  Mr. McVay of Laud. moved that the further consideration of the bill be postponed until the first day of June next; which was carried.  Yeas 31 -- nays 30.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Bell Bradford Brown Clark Conner Craig Daniel Davis Durrett Duke Edmondson Forrest Lawler Martin McVay of Laud. McVay of Law. Massey McRae of mon, McRae of Frank Moore of Jack. Paulding Perkins Price Rainey Rather Richardson Robertson Russell Sargent Tarver Terry -- 31.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Broadnax, Bridges, Bonnell, Colgin, Cook, Coopwood,


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Dennis, Ellis, Greening, Harris, Higgins, Jack, Kelly, Lewis, Moore of mad. Ross, Sharp, Sibley, Smith of Clarke, Stone, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins --30.

A message from the Senate by Mr. Crabb.

Mr. SPEAKER: -- The Senate concur in the resolution of your honorable body, proposing to go into the election of a Judge of the county court of Autauga county on Saturday next. (tomorrow;) and have amended the same by striking out “three” and inserting “one o'clock;” in which they ask your concurrence.  They have passed a bill which originated in the House of Representatives, entitled “an act to amend and explanatory of and act to authorize William H. Ragsdale and his associates, to turnpike a road therein specified” passed 14th day of January 1826.  And then he withdrew.

Ordered that the House concur in the amendment made by the Senate to the resolution proposing to go into the election of a Judge of the county court for Autauga county, by striking out “three” and inserting "one."

Engrossed bill from the Senate entitled “an act to repeal an act entitled an act to provide for the payment of Petit Jurors in certain counties therein named,” approved December 22nd, 1826, so far as said act relates to the counties of Dallas, Madison and Montgomery, was referred to a select committee consisting of Messrs. Walker, Tarver, Sharp, Anderson and Weisinger.

Engrossed bill entitled “an act to locate the seat of Justice in the county of Tuscaloosa,” was read a third time.  Mr. Jack moved to amend the bill by way of the following engrossed ryder: “Provided that this act shall not be so construed as to prevent the Orphans' court, and the court of revenue and roads from being holden in the county clerk's office;” which was carried.  Mr. Rather moved to fill the blank in the 2nd section of the bill with $5,350; which was lost.  Yeas 10 -- nays 50.  The yeas and nays being desired, those who voted in the affirmative are.

Mr. Bell Bradford Craig Davis Edmondson Price Rather Russell Walker Weisinger -- 10.

Those who voted in the negative are,

Mr. Speaker, Acklen, Anderson, Brown, Broadnax, Bridges, Bonnel, Clark, Colgin, Collier, Conner, Cook, Coopwood, Daniel, Dennis, Durrett, Duke, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of mon. Moore of Jack. Moore of mad, Paulding, Rainey, Richardson, Ross, Robertson, Sargent, Sharp, Sibley, Smith of Clarke, Stone, Tarver, Terry, Vaughan, Vining, Walthal, Ward, Wiggins - 50.

Mr. Weisnger moved to fill the blank with $ 5,000 which was lost.  Mr. Rather moved to fill the blank with $3,567; which was lost.  Mr. Higgins moved to fill the blank with $2,675, which was carried.  Yeas 29 -- nays 27.   The yeas and nays being desired, those who voted in the affirmative are.

Mr. Bell, Bradford, Broadnax, Coopwood, Craig, Davis, Durrett, Duke, Edmondson, Higging, Lawler, McVay of Law. Massey, McRae of mon. Moore of mad. Price, Rather, Robertson, Russell, Sharp, Sibley, Smith of Clarke, Stone, Terry, Vaughan, Walker, Walthal, Weisinger, Wiggins - 29.

Those who voted in the negative are,

Mr. Speaker, Acklen, Anderson, Brown, Bonnell, Clark, Colgin, Collier, Conner, Cook, Daniel, Dennis, Ellis, Forrest, Greening, Harris, Jack, Kelly, Martin, McVay of Laud. Moore of Jack. Rainey, Richardson, Ross, Sargent, Tarver, Vining - 27.

Mr. Jack then moved that the further consideration of the bill be indefinitely postponed; which was lost.  Mr. Perkins moved to amend the bill by way of engrossed ryder by adding thereto two additional sections, Mr. Jack then moved to amend the amendment by striking out the words “in front of the new Banking house;” with a view to insert the words “At the intersection of Broad and Market streets;” which was carried. The amendment was then adopted. Mr. Perkins moved further to amend


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the bill by way of the following engrossed ryder: “those that erected the court House, is understood to allude to the persons who paid the commissioners for the present location;” which was carried.  Mr. Collier moved to amend the bill by way of engrossed ryder, by adding thereto an additional section; which was carried.  Yeas 32 - nays 24.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Brown, Broadnax, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Daniel, Durrett, Duke, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Martin, McRae of mon. McVay of Laud. Moore of Jack. Price, Rainey, Sargent, Smith of Clarke, Tarver, Vaughan - 32.

Those who voted in the negative are,

Mr. Bell Bradford Davis Dennis Edmondson McVay of Law.  Massey McRae of Frank Moore of mad. Perkins Rather Ross Robertson Russell Sharp Sibley Stone Terry Vining Walker Walthall Ward Weisinger and Wiggins - 24.

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 from the Senate entitled “an act to provide for the location of the University of the state of Alabama;” was read a third time. Mr. Moore of mad. moved to fill the blank in the proviso with the word “twenty” which was lost.  Mr. Lewis moved to fill the blank with the word “fifteen,” which was carried.  Mr. Moore of Jack. moved to amend the bill by adding thereto an additional section; which was lost.  Yeas 1 nays 59.  The yeas and nays being desired; those who voted in the affirmative are,

Mr. Moore of Jack: - 1

Those who voted in the negative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of mon. McRae of Frank. Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clarke. Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Weisinger, Wiggins.

Mr. Rather moved to amend the bill by adding thereto an additional section; which was lost.  And the question being put, shall this bill pass? it was determined in the affirmative.  Yeas 32 - nays 29.  The yeas & nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bradford, Brown, Bridges, Colgin, Collier, Conner, Davis, Ellis, Forrest, Greening, Harris, Jack, Kelly, Martin, McRae of Frank. Moore of Jack Moore of mad. Perkins, Rainey, Richardson, Ross, Russell, Sibley, Smith of Clarke, Stone, Vaughan, Vining, Walker, Wiggins - 32.

Those who voted in the negative are,

Mr. Bell, Broadnax, Bonnell, Clark, Cook, Coopwood, Craig, Daniel, Dennis, Durrett, Duke, Edmondson, Higgins, Lawler, Lewis, McVay of Laud. McVay of Law. Massey, McRae of mon. Price, Rather, Robertson, Sargent, Sharp, Tarver, Terry, Walthal, Ward, Weisinger, 29.

The bill was then passed.  Ordered, that the title be as aforesaid: Ordered, that the Clerk acquaint the senate therewith.

Engrossed bill entitled, an act for the relief of Caswell R. Clifton tax collector of Madison county, was on motion of Mr. Kelly then taken up and read a third time, and the question being put, shall this bill pass, it was determined in the affirmative yeas 44 - nays 15.  The yeas and nays being desired, those who voted in the affirmative are,


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Mr. Speaker Acklen Anderson Brown Broadnax Bonnell Colgin Conner Cook Craig Davis Dennis Durrett Edmondson Forrest Harris Higgins Jack Kelly Lawler Lewis Martin Moore of Jack.  Moore of Mad. Perkins Price Rainey Rather Richardson Ross Robertson Russell Sharp Sibley Smith of Clark Stone Tarver Terry Vaughan Vining Walker Walthal Ward Wiggins 44.

Those who voted in the negative are.

Messrs. Bell Bradford Clark Coopwood Daniel Duke Ellis Greening McVay of Laud. McVay of Law. Massey McRae of Mon. McRae of Frank. Sargent Weisinger 15.

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 until 3 o'clock this evening.

Evening Session, 3 o'clock.

The House met pursuant to adjournment.

A bill to be entitled, an act to permit administrators, executors, and guardians, to sell real estate where it may be for the benefit of the heirs. Mr. McVay of Laud. moved that the further consideration of the bill be indefinitely postponed, which was carried.

Bills of the following titles, to wit: an act to incorporate the trustees of the academy in Perry county, an act to provide for keeping in repair a certain road therein mentioned, were severally read a second time, and ordered to be engrossed for a third reading on tomorrow.

A joint resolution in relation to the election of President and Vice President of the United States, was on motion of Mr. Vining referred to a select committee, consisting of messrs. Vining Kelly Moore of Jack. and Daniel.

A bill to be entitled, an act changing the time of holding county courts in Green county, was read a second time and referred to a select committee, consisting of Messrs. Rainey Richardson Colgin and Walthal.

Engrossed bill from the Senate entitled, an act to authorize John P. Neale, agent of William A. Powell to emancipate John Robinson, a man of color, was read a second time.  Mr. Vining moved to strike out all after the word “therein,” which was carried; it was then ordered to be read a third time on tomorrow.

Engrossed bill from the Senate entitled, an act fixing the times of holding the orphans court of the several counties of this state, was read a second time.  Mr. Stone moved to amend the bill by adding after the word “court houses” the words “or place of holding courts,” which was carried.  Mr. Terry then moved that the further consideration of the bill be indefinitely postponed, which was carried.

Mr. Greening obtained leave to introduce a joint resolution, authorizing the Governor to order the Quarter master General of this state, to deliver a field piece to the artillery company at Claiborne, which was read a first time and ordered to be read a second time on tomorrow.

Mr. Moore of mad, moved to reconsider the voted taken on laying on the table till Monday next a bill to be entitled, an act to repeal an act therein mentioned, which was carried, the bill was then taken from the table and read a second time: Mr. Greening moved to mend the bill by adding after the word “office,” the words except on bills of exchange, which was carried: Mr. McVay of Laud, moved to strike out the 1st section of the bill, which was lost: Mr. Kelly moved to amend it by adding after the word “endorsers,” the words “or securities,” which was carried, and


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the question being put, shall this bill be engrossed and read a third time, it was determined in the affirmative, yeas 50 - nays 7: The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bridges Bonnell Clark Colgin Collier Conner Coopwood Craig Daniel Davis Dennis Durrett Duke Ellis Edmondson Forrest Greening Higgins Kelly Lawler Martin McVay of Laud. McVay of Law. Massey McRae of mon. Moore of mad. Paulding Price Rainey Rather Richardson Robertson Russell Sargent Sharp Sibley Smith of Clark Stone Terry Vaughan Ward Weisinger Wiggins 50.

Those who voted in the negative are:

Messrs: Harris Jack McRae of Frank. Moore of Jack. Ross Vining Walthal 7.

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, was read a second time: Mr. Kelly moved to amend it by way of proviso at the end of the second section: The bill was then ordered to be engrossed for a third reading on tomorrow:

Engrossed bill from the Senate entitled, an act to authorize the court of revenue and roads of the county of Wilcox to alter state roads in said county was read a second time and referred to a select committee consisting of messrs. Bridges, Daniel, and Sharp.

Mr. Bridges, presented the petition of sundry inhabitants of Wilcox county praying that the law on the subject of a road therein mentioned may remain unaltered which was read and referred to a select committee consisting of messrs. Bridges, Daniel, and Sharp.

Engrossed bill from the Senate entitled, an act reviving an act authorizing a lottery for the benefit of the navigation of the Buttahatchie river was read a second time and ordered to be read a third time tomorrow.

Mr. Rainey, who voted in the majority moved to reconsider the vote given on postponing until the first day of June next.  The engrossed bill entitled, an act to provide for the compensation of Jurors which was lost. Mr. Jack moved that the House do now adjourn until half past 9 o'clock tomorrow morning.  Yeas 27 - nays 29.  The yeas and nays being desired by Mr. Greening, those who voted in the affirmative are,

Mr. Acklen, Brown, Broadnax, Clarke, Collier, Conner, Craig, Davis, Durrett, Duke, Ellis, Forrest, Jack, Martin, McVay of Law. Massey, McRae of Frank Moore of Jack. Perkins, Price, Rather, Richardson, Russell, Smith of Clark Terry, Vaughan, Vining - 27.

Those who voted in the negative are,

Mr. Speaker, Anderson, Bell, Bradford, Bridges, Bonnell, Colgin, Cook, Coopwood, Daniel, Dennis, Edmondson, Greening, Harris, Higgins, Kelly, Lawler, McVay of Laud. Moore of mad. Rainey, Robertson, Sargent, Sharp, Sibley, Stone, Walthal, Ward, Weisinger, Wiggins - 29.

Mr. Moore of Jack. moved that the House adjourn until tomorrow morning 9 o'clock; which was carried.  Yeas 28 - nays 27.  The yeas and nays being desired by Mr. Greening, those who voted in the affirmative are,

Mr.  Speaker, Acklen, Bell, Brown, Broadnax, Collier, Conner, Cook, Craig, Daniel, Davis, Duke, Ellis, Forrest, Jack, Martin, McVay of Law. Massey, McRae of Frank. Moore of Jack. Perkins, Price, Rather, Richardson, Russell, Terry, Vaughan, Vining - 28.

Those who voted in the negative are,


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Messrs. Anderson, Bradford, Bridges, Bonnell, Clark, Colgin, Coopwood, Dennis, Durrett, Edmondson, Greening, Harris, Higgins, Kelly, Lawler, McVay of Laud. Moore of mad. Rainey, Robertson, Sargent, Sharp, Sibley, Stone, Walthal, Ward, Weisinger, Wiggins - 27.

And then the House adjourned until tomorrow morning 9 o'clock.