TUESDAY, December 4, 1828.

The House met pursuant to adjournment.

Mr. Vining presented the accounts of Fielding L. White, Jailor of Madison county, which were severally read and referred to the committee on accounts.

Mr. Harris presented the petition of accounts for the former adjutant General; which were severally read and referred to the committee on propositions and grievances.

Mr. Rainey presented the petition of sundry inhabitants of Greene county: praying the passage of a law to change the route of the state road running through said county: which was read and referred to the committee on roads, bridges, and ferries.

Mr. Greening from the judiciary committee to whom was referred the presentments of the grand Juries of Clark and Marengo counties, asked leave to be discharged from the further consideration of the subject, which was granted.

Mr. Greening from the Judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of revising, consolidation, and reducing into one, the several acts now in force on the subject of the probate of wills and granting letters of administration.  Reported that it is inexpedient to legislate on the subject.  In which report the House concurred.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act to authorize the sheriff of Walker county to execute precepts issued by Justices of the peace,” Reported the following amendment: after the word “cases” and before the word “be” the words “and subject to the same remedies prescribed by law against constables for neglect of duty and” in which amendment the House concurred.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act for the more speedy trial of chancery causes,” Reported the bill with an amendment of two additional sections: which amendments were concurred in by the House.

Message from the Senate by Mr. Lyon.

Mr. Speaker:- The Senate have read a third time and passed a bill which originated in their House entitled "an act to revive and continue in force an act entitled an act to provide for the choosing electors of President and Vice President of the United States, passed December the 26th 1823: in which they desire your concurrence.  They have also passed bills which originated in the House of Representatives, entitled an act better to secure the benefit of the laws exempting certain property from execution to poor families of this state: and an act to repeal in part and amend the several acts now in force relative to the port and harbor of Mobile and have amended the latter bill by adding thereto two  additional sections: in which amendment they desire your concurrence.  And then he withdrew.


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Engrossed bill to be entitled "an act to repeal in part and amend the several acts now in force relative to the port and harbor of Mobile: was, laid on the table.

Mr. Greening from the Judiciary committee to whom was referred so much the Governor's message as relates to the Tombeckbe Bank, and the revision of the criminal code, asked leave to be discharged from the further consideration of the same, which was granted.

Mr. Greening from the Judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of authorizing the taking of the testimony of witnesses within this state by deposition Reported a bill to be entitled "an act to provide for taking depositions in certain cases."

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act compelling clerks of circuit and county courts to calendar the trial causes in their respective courts,” Reported the following amendments: strike out the words “twenty five” in the tenth line of the first section and insert “ten;” and in the same section strike out the word “thirty” and insert “two additional sections:” which was several amendments were concurred in by the House.

Mr. Greening from the Judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of passing a law giving jurisdiction of offences in cases of assaults and batteries, to Justices of the peace, asked leave to be discharged from the further consideration of the subject, which was granted.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act relative to offsets before Justices of the peace” Reported an additional section as an amendment; which was concurred in by the House.

Mr. Greening from the Judiciary committee to whom was referred a petition of sundry inhabitants of Madison county praying the passage of a law to imprison Sheriffs in certain cases. Reported that it is inexpedient to legislate on the subject: in which report the House concurred.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act to change the mode of issuing process" by Justices of the peace in civil cases,” Reported the following amendments: strike out all after the word “defendant” in the fifteenth line and insert the following; 'put in on oath denying that the process is returnable to the district in which he resides, and that the debt or demand was not contracted in the district in which the process in returnable, which plea the plaintiff may traverse and under which issued the testimony of both parties may be received with such additional testimony as either part may think proper to introduce, provided that nothing in this section contained shall be so construed as to relate to attachments, and by adding thereto “an additional section;” in which amendments the House concurred.

Mr. Greening from the Judiciary committee to whom was referred so much of the Governor's message as relates to the trial of slaves, Reported it inexpedient to legislate on the subject.  Ordered that said report lie on the table.

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 inquire into the expediency of memorializing the Congress of the United States on the subject of the 16th sections in


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each township which are now valueless, and of asking the Congress of the Unites States to permit the inhabitants of each township, and in case there are no inhabitants in the township, then the Judge and commissioners of the county court to enter with the register of the land office within the district in which said valueless section may be situated, one section of land instead of such valueless section, and that the revenue arising there from may be applied and be under the control of the inhabitants of the township for which the same may be entered; and in case of no inhabitants, then to the support of such schools as may be established within the county in which said valueless section may be situated, under the directions of the said Judge and commissioners of the county court, Reported a joint resolution in relation to an exchange of sixteenth sections; which was read a first time and ordered to be read a second time.

Mr. Rather obtained leave to introduce a bill to be entitled "an act to provide for the payment of that part of the revenue arising from tavern and retail licenses and houses of entertainment, into the treasury of the counties respectively," which was read a first time and ordered to be read a second time.

Mr. Daniel from the select committee to whom was referred an engrossed bill from the Senate entitled “an act for the relief of William Ferguson” Reported the bill with the following amendment: Provided they are of opinion that the said William Ferguson is in justice entitled to receive damage; in which amendment the House concurred.

Mr. Cook moved to reconsider a vote given yesterday on the question to read a second time, a bill to be entitled “an act to permit suits to be instituted against freeholders in certain cases out of the county of their freehold and residence:” which was lost.

Mr. Kelly moved to take up for consideration a bill to be entitled “an act to provide for the election of Judges of the Supreme court:” which was carried.

Mr. Smith of Clarke, moved to postpone the further consideration of bill until the 14th instant: which was lost.  Yeas 4- nays 57.  The yeas and nays being desired those who voted in the affirmative are

Mr. Clark, Lewis, Rather, Smith of Clarke- 4.

Those who voted in the negative are

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmonson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon McRae of Frank, Moore of Jack, Moore of Mad. Perkins, Price, Rainey, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins - 57.

Mr. Martin then moved that the further consideration of the bill be indefinitely postponed: which was carried- yeas 38- nays 23.  The yeas and nays being desired those who voted in the affirmative are,

Mr. Anderson, Bell, Bradford, Brown, Broadnax, Bonnell, Colgin, Conner, Cook, Craig, Daniel, Dennis, Durrett, Duke, Edmondson, Forrest, Harris, Martin, McVay of Laud McVay of Law. Massey, McRae of Mon. Moore of Mad. Richardson, Ross, Robertson, Russell, Sargent, Sharp, Smith of Mad. Stone, Tarver, Terry, Walker, Wathal, Ward, Weissinger, Wiggins- 38.

Those who voted in the negative are,

Mr. Speaker, Acklen, Bridges, Clark, Collier, Davis, Ellis, Greening, Higgins, Jack, Kelly, Lawler, Lewis, McRae of Frank, Moore of Jack. Perkins,


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Price, Rainey, Rather, Sibley, Smith of Clark, Vaughan and Vining-23.

On motion of Mr. Jack Resolved that the Judiciary committee be instructed to inquire into the expediency of passing a law prescribing the manner in which answers to bills in chancery shall be sworn to and authenticated in our sister states, in order that they may be received as evidence in this state.

Mr. Walker offered the following amendment: and the mode of authenticating answers of private corporation in and our of this state, which was adopted.

Mr. Daniel obtained leave to introduce a bill to be entitled “an act to repeal in part and amend an act entitled an act to regulate the rate of interest passed December 17th, 1819;” was read a first time and the question being put, shall this bill be read a second time? it was determined in the affirmative.

Mr. Craig moved to take from the table a bill to be entitled “an act to reduce into one the several acts giving fees to Justices of the peace and constables;” which was lost.

Mr. McVay of Laud. moved to take from the table an engrossed bill from the Senate entitled “an act for the relief of William W. Garrard” which was carried.  The bill was then read a second time and ordered to be read a third time.

Mr. Dennis obtained leave to introduce a bill to be entitled “an act to appoint commissioners for the county of Dale and for other purposes,” which was read a first time and ordered to be read a second time.

Engrossed bill from the Senate entitled “an act to revive and continue in force act entitled an act to provide for the housing electors of President and vice President of the United States passed December 26, 1826” was read a first time and ordered to be read a second time.

A bill to be entitled “an act giving executions from Justices of the peace the same force that executions have from circuit and county courts.” Mr. Bradford moved that the further consideration thereof be indefinitely postponed; which was lost.  Yeas 8- nays 48.  The yeas and nays being desired those who voted in the affirmative are,

Messrs Acklen, Bradford, Colgin, Collier, Duke, Ellis, Greening, McRae of Mon.

Those who voted in the negative are

Mr. Speaker, Anderson, Bell, Brown, Broadnax, Bridges, Bonnell, Clark, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Edmondson, Forrest, Harris, Higgins, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. McRae of Frank. Moore of Jack. Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark Smith of mad. Stone, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins- 48.

The bill was then referred to a select committee consisting of Messrs. Rather, Collier and Vining.  And then the House adjourned till half past two o'clock.

EVENING SESSION, Half past 2 o'clock.

The House met pursuant to adjournment.

Engrossed bills of the following titles, to wit: an act to change the name and legitimate a certain person therein named.  An act to establish a permanent seat of Justice in the county of Henry: 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.

Bills of the following titles, to wit: an act to authorize Ansel Sawyer to erect a mill on Coosa river.  An act supplementary to an act entitled an act concerning executions and sales by sheriffs and for other purposes, passed December 20th, 1821: which were severally read a second time &


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ordered to be engrossed for a third reading.

A bill to be entitled “an act to compel solicitors to reside within their respective circuits.” Mr. Walker moved to amend the bill by way of the following proviso: Provided that nothing in this act shall be so construed to effect any solicitor now in office: which was carried.  Yeas 40- nays 7.  The yeas and nays being required, those who voted in the affirmative are

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Bridges, Bonnell, Clark, Colgin, Conner, Cook, Craig, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Greening, Harris, Higgins, Jack, Lawler, Martin, McVay of Laud. McVay of Law. Massey, Moore of Jack. Moore of Mad. Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sibley, Smith of Clarke, Smith of Mad. Stone, Tarver, Vaughan, Walker, Ward, Weissinger, Wiggins-49.

Those who voted in the negative are,

Mr. Broadnax, McRae of Mon. McRae of Frank. Sharp, Terry, Vining Walthal- 7.

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

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;” was laid on the table.

Engrossed bills from the Senate of the following titles: an act for the relief of Pleasant Wright, former Jailor of Greene county.  An act for the relief of Henry Box: were severally read a third time and passed. Ordered that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bill to be entitled “an act to divorce Joseph Cadole from Nancy Cadole,” 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 49-nays 5.- Those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Craig, Daniel, Davis, Dennis, Durrett, Ellis, Edmondson, Greening, Harris, Jack, Martin, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of Jack. Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Smith of Clarke, Smith of mad. Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Wiggins- 49.

Those who voted in the negative are,

Mr. Duke, Higgins, Lawler, Vaughan, Weisinger- 5.

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 divorce Perry Seay from Nicolas Seay,” 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 49- nays 6.  Those who voted in the affirmative are

Mr. Speaker, Acklen, Anderson, Bell, Brown, Broadnax, Bridges, Bonnell, Clark, Collier, Colgin, Conner, Craig, Daniel, Davis, Durrett, Ellis, Edmonson, Forrest, Greening, Harris, Higgins, Jack, Martin, McVay of Law. Massey, McRae of Mon, McRae of Frank, Moore of Jack. Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Smith


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of Clarke, Smith of mad. Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Wiggins- 19.

Those who voted in the negative are,

Mr. Bradford, Dennis, Duke, Lawler, McVay of Laud. Weisinger- 6. Ordered that the title be as aforesaid.  Ordered that the same be sent to Senate for their concurrence.

Engrossed bill to be entitled “an act to divorce William Travis from Elizabeth Travis,” was read a third time and the question being put shall this bill pass?  it was determined in the negative; there not being a constitutional majority voting in favor of its passage.  Yeas 28- nays 22.

Those who voted in the affirmative are

Messrs Acklen, Bonnell, Clark Collier, Cook, Dennis, Durrett, Ellis, Forrest, Edmondson, Greening, Harris, Higgins, Martin, McVay of Law. McRae of Frank, Moore of Jack, Moore of Mad, Price, Rainey, Russell, Sargent, Sibley, Stone, Tarver, Terry, Vining, Walthal- 28.

Those who voted in the negative are,

Mr. Speaker, Anderson, Brown, Broadnax, Colgin, Conner, Craig, Daniel, Davis, Dave, Jack, Lawler, McVay of Lau. Massey, Perkins, Rather, Richardson, Sharp, Smith of Clarke, Ward, Weisinger, Wiggins- 22.

Engrossed bill to be entitled “an act to divorce William O. Russell from Nancy G. Russell,” 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 45- nays 7.  Those who voted in the affirmative are

Messrs. Speaker, Acklen, Anderson, Bradford, Broadnax, Clark, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Ellis, Edmondson, Forest, Greening, Harris, Higgins, Lewis, 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, Sibley, Smith of mad, Stone, Tarver, Terry, Vining, Walthal, Ward, Wiggins- 45.

Those who voted in the negative are, Messrs. Brown, Duke, Jack, Lawler, Smith of Clark, Vaughan, Weisinger-7

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 divorce Abraham Danner from Anna Danner;” 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 57- nays 2.- Those who voted in the affirmative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadax, Bonnell, Clark, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Ellis, Forrest, Greening, Harris, Jack, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of mon. McRae of Frank. Moore of Jack. Moore of Mad. Perkins, Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Sibley, Smith of mad. Stone, Tarver, Terry, Vining, Walthal, Ward, Weisinger, Wiggins- 57

Those who voted in the negative are,

Messrs. Lawler and Smith of Cark- 2.

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

Mr. Jack who voted in the majority moved to reconsider the vote given on the passage of the bill to be entitled “an act to divorce William Travis from Elizabeth Travis” which was carried.  The bill was then again put on its passage and the question being put shall this bill pass?

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it was determined in the affirmative, there being a constitutional majority in favor of its passage.  Yeas 51- nays 2.  Those who voted in the affirmative are

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Broadnax, Bonnell, Clark, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, 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, Roberson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of mad. Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Wiggins- 51.

Those who voted in the negative are,

Mr. Lawler and Weissinger.

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 divorce Elizabeth W. Cowell from Samuel Cowell” was read a third time and the question being put, shall this bill pass it was determined in the affirmative; a constitutional majority having voted in favor of its passage.   Yeas 48- nays 4.  those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Broadnax, Bonnell, Clark, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Durrett, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Martin, McVay of Law. Massey, McRae of Frank. Moore of Jac. Moore of mad. Price, Rainey, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clarke, Smith of mad. Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Wiggins- 48.

Those who voted in the negative are,

Mr. Duke, Lawler, McVay of Laud. Weisinger.

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

Mr. Walker obtained leave to introduce a bill to be entitled "an act to authorize the same of the state house in the town of Cahawba;" which was read a first time and ordered to be read a second time.

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