MONDAY, December 3, 1827.

The House met pursuant to adjournment.

Mr. Cook presented the petition of sundry inhabitant of Butler county, praying the repeal of the act allowing Greenville a Justice of the peace & passage of a law limiting justices of the peace to their respective captains district; which was read & referred to a select committee consisting of Messrs. Cook, Greening, and Sibley.

Mr. Clark presented the account of James S. Porter, which was read and referred to the committee on accounts.

Mr. Clark obtained leave to introduce a bill to be entitled “an act to compel solicitors to reside within their respective circuits;” which was read a first time and ordered to be read a second time tomorrow.

Mr. Collier obtained leave to introduce a bill to be entitled “an act to permit suits to be instituted against free holders in certain cases out of the county of their freehold and residence;” which was read a first time and the question being put, shall the bill be read a second time? It was determined in the negative.

Mr. McVay of Law. obtained leave to introduce a bill to be entitled “an act supplementary to an act entitled an act concerning executions and sales by sheriffs and for other purposes;” which was read a first time and ordered to be read a second time.

Mr. Terry moved to take from the table a bill to be entitled “an act to authorize the raising of ten thousand dollars for the purpose of improving the navigation of Tennessee river, through Colbert's shoals; and for building a bridge across Shoal Creek;” which was carried. The bill was then referred to a select committee, consisting of Messrs. Acklen, Craig McRae of Frank. Moore of mad. and Terry, to consider and report thereon.

Mr. McRae of Frank. offered the following preamble and resolution: Whereas it is a matter of vital importance to the agricultural as well the commercial interests of the northern section of this state, that the obstacles in Colbert's Shoals, be removed as well to admit the importation of northern produce as southern and foreign articles, Resolved that a committee be appointed to inquire into the necessity of adopting some measure to be recommended to this legislature, to accomplish an object so desirable to repeal or amend an act passed at the last session to incorporate the Muscle and Colbert Shoals canal company; which was adopted.  The resolution was then referred to a select committee, consisting of Messrs. McRae of Frank. Rather, Kelly, Martin, Craig, and Coopwood, to consider and report thereon.

Mr. Rather obtained leave to introduce a bill to be entitled “an act to repeal the second proviso of the seventh section of an act to regulate the licensing of Physicians to practice;” which was read a first time and ordered to be read a second time.

Mr. McRae of Frank. offered the following resolution: Resolved that the military committee be requested to inquire into the propriety of exempt-


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ing practicing Physicians from military duty from the month of June until the month of November: which was lost.

The House then resumed the consideration of Mr. Moore's of Jack. motion of reconsider a vote given on the passage of a bill to be entitled “an act limiting the duties of grand Jurors:” which was carried.  Yeas 37- nays 21.  the yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Bell, Collier, Conner, Cook, Davis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Lawler, Martin, McVay of Laud. McVay of Law. McRae of Mon. Moore of Jack. Moore of Mad. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sharp, Sibley, Smith of Mad. Stone, Vining, Walker, Walthal, Wiggins- 37.

Those who voted in the negative are,

Mr. Anderson, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Craig, Daniel, Dennis, Higgins, Jack, Massey, McRae of Frank. Sargent, Tarver., Terry, Vaughan, Ward, Weissinger- 21.

Mr. Walthal then moved that the bill lie on the table till the first day of June next; which was carried.  Yeas 31- nays 28.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Bell, Collier, Davis, Durrett, Ellis, Edmondson, Forrest, Greening, Harris, Lawler, Martin, McVay of Laud. McVay of Law. McRae of Mon. Moore of Jack. Moore of Mad. Perkins, Price, Rainey, Richardson, Ross, Russell, Sharp, Smith of Mad. Stone, Vining, Walker, Walthal, Wiggins - 31.

Those who voted in the negative are,

Mr. Acklen, Anderson, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Conner, Cook, Craig, Daniel, Dennis, Duke, Higgins, Jack, Lewis, Massey, McRae of Frank, Rather, Robertson, Sargent, Tarver, Terry, Vaughan, Ward, Weisinger- 28.

Engrossed bill from the Senate entitled "an act providing a more summary mode for the trial of persons charged with the commission of affrays and assaults and batteries."  Mr. Smith of Clarke moved that the further consideration thereof be indefinitely postponed: which was lost.  Yeas 19- nays 41.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Bonnell, Collier, Conner, Cook, Greening, Harris, Jack, Lewis, McRae of Mon. Perkins, Sibley, Smith of Clarke, Tarver, Vining, Walker, Walthal, Wiggins- 19

Those who voted in the negative are;

Mr. Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Clark, Colgin, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Higgins, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. Massey, McRae of Frank, Moore of Jack. Moore of Mad. Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Smith of mad. Stone, Terry, Vaughan, Ward, Weisinger- 41.

Mr. Kelly then moved that the bill lie on the table: which was carried.

Engrossed memorial from the Senate to the Congress of the United States to postpone the sales of the public lands in the Cahawba and Tuscaloosa districts till the year 1829, 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.  Mr. Walthal then moved that the memorial be referred to a select committee; which was lost.

Mr. Collier then moved to amend the memorial by way of the following engrossed ryder. Resolved further, that our members in Congress be requested to wait on the President and ascertain from him his intention in regard to the postponement of said sales, before they lay this memorial before Congress; which was adopted.  And the question being put, shall this memorial as amended be read a third time forthwith and passed?  it was determined in the affirmative- yeas 56- nays 4.  The yeas and nays being desired, those who voted in the affirmative are

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Bradford, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Cook, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmond-

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son, Forrest, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon. McRae of Frank, Moore of Jack. Moore of mad. Perkins, Price, Rainey, Richardson, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins- 56.

Those who voted in the negative are,

Messrs. Greening, Harris, Rather and Ross- 4.

The memorial was then passed.  Ordered that the clerk acquaint the Senate therewith.

A message from the Senate by Mr. Lyon.

Mr. Speaker- The Senate have read three several times and passed bills which originated in the House of Representatives, entitled, “an act to prevent the abatement of suits in certain cases:” “an act to extend the corporate limits of Bellefont” “an act authorizing a lottery for the benefit of Cyrus Chapter No. 6, of Royal Arch Masons, and Florence Lodge No. 14, of ancient Free Masons in the town of Florence:” “an act supplementary to an act entitled an act to alter and amend the charter of incorporation of the city of Mobile;” and “an act for the relief of Bushrod W. Bell.”  And then he withdrew.

Mr. Jack presented the petition of sundry inhabitants of Tuscaloosa county, praying the aid of the legislature, on the subject of the location of the seat of justice in said county; which was read and referred to the committee on propositions and grievances.

Engrossed bill to be entitled “an act to repeal in part an act passed 27th December 1814,” was read a third time and passed.  Ordered that the bill be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled “an act to make the return days of the county courts certain and uniform throughout the state,” was laid on the table.

Mr. Walthal presented the petition of the officers of 6th brigade praying alterations in the militia laws of this state; which was read and referred to the military committee.

A bill to be entitled “an act declaring Elk river and Big Shoal creek public highways;” was referred to the committee on inland navigation.

Engrossed bill to be entitled “an act to revive in part a certain act therein specified” Mr. Cook moved to amend the bill by way on engrossed rider, by adding thereto an additional section: which was carried.  The bill was then read as amended 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 to be entitled "an act to authorize Justices of the peace to take the probate of deeds and the relinquishment of dower."  Mr. Martin moved to amend the title of the bill by adding thereto “and for other purposes;” which was adopted.  The bill was then 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.

A resolution proposing sundry amendments to the constitution of the state of Alabama then being under consideration of the House, Mr. Harris moved that the resolution lie on the table, and that sixty four copies thereof be printed for the use of this House: which was carried.

Mr. Martin from the select committee to whom was referred a resolution proposing to amend the constitution so as to have biennial sessions of the General Assembly, Reported a resolution proposing to amend the constitution so as to have biennial sessions of the General Assembly in


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lieu thereof.

Mr. Rather moved to amend the resolution by striking out after the word “Monday” and before the word “in” the words “and day following;” which was adopted.   The resolution was then laid on the table & sixty four copies ordered to be printed for the use of this House.

A bill to be entitled “an act to alter and amend the laws respecting the assessment of taxes and for other purposes;” was on motion of Mr. Vining referred to the committee on ways and means.  a bill to be entitled: "an act to establish a permanent seat of Justice in the county of Henry."

Mr. Greening moved to amend the bill by way of the following proviso: Provided that if any ticket shall not be endorsed as required by this act the same shall not be counted.  And provided further that the said sheriff of Henry court shall advertise said election at the different election precincts in said county at least fifteen days before the next general election: which was adopted.  The bill was then read as amended a second time and ordered to be engrossed for a third reading on tomorrow.

Engrossed bill from the Senate entitled “an act for the relief of William Garrard.”  Mr. Craig moved to amend the bill by striking out the word “eighteen” and insert in lieu thereof “nine,” which was adopted. Mr. McVay of Laud. then moved that the bill lie on the table: which was carried.

Engrossed bill from the senate entitled “an act to amend an act entitled an act excluding from suffrage, serving as Jurors, and holding offices, such persons as may be convicted of bribery, forgery, perjury, & other high crimes and misdemeanors.”   Mr. Ross moved that the bill be referred to the Judiciary committee: which was carried.

Engrossed bill from the Senate entitled “an act to give Justices of the peace jurisdiction in certain contracts therein named.”  Mr. Ellis move to refer the bill to the Judiciary committee; which was carried.

Engrossed bill from the Senate entitled “an act for the relief of Pleasant Wright former Jailor of Greene county.”  Mr. Greening moved to strike out the second section of the bill; which was carried.  The bill was then read as amended a second time and ordered to be read a third time.

Engrossed bill from the Senate entitled “an act for the relief of Henry Box” was read a second time, and ordered to be read a third time.

A bill to be entitled “an act to repeal the first section of an act entitled an act requiring the Judges of the circuit courts to alternate, and for other purpose” Mr. Walker moved that the bill be referred to the Judiciary committee: which was carried.

A bill to be entitled “an act amendatory of the common law as hereinafter provided.  Mr. Greening moved to refer the bill to the Judiciary committee:” which was carried.

Bills of the following titles, to wit: an act to change the name of and legitimate a certain person therein named: an act to divorce William Travis from Elizabeth Travis: an act to divorce William O. Russell from Nancy G. Russell: and act to divorce Joseph Cadole from Nancy Cadole: an act to divorce Abraham Danner from Anna Danner: an act to divorce Elizabeth W. Cowell from Samuel Cowell: were severally read a second time and ordered to be engrossed for a third reading.

A bill to be entitled “an act to divorce Peggy Seay and Nicholas Seay.”  Mr. Rather moved that the bill lie on the table, which was lost.


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

Mr. Lawler from the select committee to whom was referred the petition of Ansel Sawyer, praying the passage of a law authorizing him to build a mill on the Coosa river, Reported a bill to be entitled an act to authorize Ansel Sawyer to erect a mill on Coosa river; which was read a

first time and ordered to be read a second time on tomorrow.

And then the House adjourned until tomorrow morning 10 o'clock.