WEDNESDAY, December 5, 1827.

The House met pursuant to adjournment.

Mr. Smith of Clarke, presented the record and proceedings of the circuit court of Clarke county exercising chancery jurisdiction in the case of Parthenia Coursey against James Coursey, for divorce which was read and referred to the committee on divorce and alimony,

A message from the senate by Mr. Lyon,

Mr. Speaker- The Senate concur in the amendment made by your honorable body to the memorial to the congress of the United States, requesting a postponement of the slaves of the public lands in the Tuscaloosa and Cahawba districts.  They have passed a bill which originated in their House entitled "an act to provide for making deductions from the salaries of public officers who may fail to neglect to perform the duties of their office, in which they desire your concurrence.  They have also passed bills which originated in the House of Representatives, entitled an act prescribing the mode of commencing the contest of certain elections and of procuring evidence therein, and have amended the same by striking from the second line of the third section the word "verbatim." Also, an act to provide for the arranging, filing, and preservation of the


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papers relating to the unfinished business of each session of the legislature and have amended the same in the manner herewith shewn; in which amendments they desire your concurrence.   They have also passed a bill which originated in the House of Representatives entitled an act to authorize the commissioners of the 16th section of the first township and 8th range west of the meridian of Huntsville, situated in the county of Lauderdale to lease said section for 99 years renewable forever.  And then he withdrew.

Ordered that the House concur in the amendments made by the Senate to the bill entitled “an act to provide for the arranging filing and preservation of the papers relating to unfinished business of each session of the legislature, by striking out the word ‘numerical’ and inserting the word ‘alphabetical,’” Ordered that the House concur in the amendments made by the Senate, to the bill entitled an act prescribing the mode of commencing the contest of certain elections and of procuring evidence therein; by striking out the word “verbatim.”

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

Mr. Ross presented the account of James P. Bates, sheriff of Mobile county, which was read and referred to the committee on accounts.

Mr. McVay of laud. presented the petition of Eldridge Mallard praying the passage of a law to erect a toll gate on Byler's Road; which was read and referred to the committee on Roads; bridges and ferries.

Mr. Jack presented the accounts of Henry Minor Esq. Clerk of the Supreme court, which was read & referred to the committee on accounts.

Mr. Ellis presented the petition of sundry inhabitants of Walker county praying the said of the legislature in establishing the seat of Justice in said county; which was read and referred to the committee on propositions and grievances.

Mr. Martin from the committee on propositions and grievances to whom was referred a resolution instructing them to inquire into the expediency of passing a special act authorizing the sheriff of Greene county to expose for sale at Springfield in said county, all the property which may be levied on by said sheriff on the west side of the Warrior river, Reported a bill to be entitled “an act to authorize and require the Sheriff of Greene county to hold a separate sale day at Springfield in said county” which was read a first time and ordered to be read a second time.

Mr. Moore from the committee on the state Capitol to which was referred the report of the commissioners for superintending the erection of the state Capitol have had under consideration the expediency of adopting a plan for the state Capitol, different from the plan adopted at the last session of the General Assembly, and that they might obtained more correct information, called to their assistance William Nichols, the architect employed to superintend the building of the state capitol, Reported that they are of opinion after as thorough examination as they were enabled to bestow on a subject of that nature, that a plan herewith submitted furnished and recommended by the said architect, is much preferable to the plan adopted at the last session, because in their opinion, a house erected on the plan therewith submitted, will be more convenient and better adopted to the purposes of a state House, than a house erected according to the plan theretofore adopted, and because according to the estim-


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ates made out by the said architect and herewith submitted, and from other sources of information, they are of opinion that a house erected according to the said plan will be less expensive by nearly one half than one erected according to the plan heretofore adopted, your committee therefore recommends the adoption of the plan herewith submitted for a state capitol, with a view to convenience and economy; and a repeal of any law or resolution of last session adopting a plan for a state House and ask leave to be discharged from the further consideration of the report of the commissioners for superintending the erection of a state Capitol and the accompanying papers, which was granted.  Ordered that the said report be referred to a committee of the whole House at 2 o'clock this evening.

Mr. Smith from the select committee to whom was referred a resolution instructing them to inquire into the expediency of establishing a branch bank of this state in the Tennessee valley, Reported a bill to be entitled "an act to establish an office of discount and deposit of the bank of the state of Alabama in the northern part of this state;" which was read a first time and ordered to be read a second time.

Mr. Moore of Mad. obtained leave to introduce a bill to be entitled “an act to alter and amend an act establishing the fees of the clerk of the Supreme court of errors and appeals, passed December 12th 1818,” which was read a first time and ordered to be read a second time.

Mr. Clarke obtained leave to introduce a bill to be entitled “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:” which was read a first time and ordered to be read a second time.

Mr. Moore of Jack. from the committee on the state capitol to which was referred a resolution instructing them to inquire and report to this House, what would be the probable cost of the capitol if erected according to the plan adopted at the last session of the legislature ask leave to be discharged from the further consideration thereof, because the House has received the information by a former report of your committee, which was granted.

Mr. Duke presented the petition of William H. Ragsdale praying the passage of a law extending the time for completing a turnpike road which was read and referred to a select committee consisting of Messrs. Duke, Craig and Terry.

On motion of Mr. Walker Resolved that the Comptroller of public accounts be instructed to inform this House whether the whole sum of money appropriated by an act passed January 14th 1826, for the purpose of defraying the expenses of transportation and other charged consequent on the removal of the Bank of the state of Alabama: and also for providing and fitting up a House in the town of Tuscaloosa suitable for the reception of the Bank aforesaid has been exhausted, if not to inform the House how much thereof has been.

Mr. Smith of Clarke, obtained leave to introduce a bill to be entitled “an act to repeal an act passed the 12th day of January, 1827, entitled an act to require additional services to be performed by the Judge of the first Judicial circuit in this state” which was read a first time and ordered to be read a second time.

Mr. Moore from the committee on the state capitol to which was referred a resolution instructing them to direct the commissioners for the state capitol to desist from making further contracts in that behalf, until they receive further instructions from the Legislature, have performed that duty.


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Mr. Lawler presented the account of the sheriff of Shelby county which was read and referred to the committee on accounts.

On motion of Mr. Vining Resolved that the Judiciary committee be instructed to inquire into the expediency of compelling the circuit Judges to so arrange the state docket as to cause the persons confined in jail to be first tried or disposed in such way that will prevent their being continued in prison against their will after the judgment of court for want of time to try them.

Engrossed bill from the Senate entitled “an act to provide for making deductions from the salaries of public officers who may fail or neglect to perform the duties of their office was read a first time.”  It was then ordered to lie on the table till Friday next.

On motion of Mr. Lawler Resolved that the Judiciary committee be instructed to inquire into the expediency of passing a law making it the duty of the clerk of the several courts in this state to tax the cost of witnesses in executions with leave to report by bill or otherwise.

On motion of Mr. Collier Resolved that the secretary of state be required to furnish this House a detailed statement specifying what property is owned by the state in the town of Cahawba and its vicinity, the sum due for rent thereof, and by whom and whether it is well secured.

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," was on motion of Mr. Martin referred to the committee on ways and means.

Engrossed bill from the Senate of the following titles, to wit an act for the relief of Wm. Ferguson: an act to revise 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 26th 1822; were severally read a second time and ordered to be read a third time.

A bill to be entitled “an at to repeal in part and amend an act to regulate the rate of interest passed December 17, 1819;” was referred to the Judiciary committee.

Engrossed bill from the Senate entitled “an act for the relief of William W. Garrard,” was read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

Mr. Kelly presented the account of John Wood which was read and referred to the committee on accounts.

A bill to be entitled an act to appoint commissioners for the county of dale and for other purposes, was read a second time and ordered to be engrossed for a third reading.

A bill to be entitled an act to provide for taking depositions in certain cases was then under consideration.  Mr. Martin moved to strike out the last proviso in the second section and substitute in lieu thereof the following proviso: Provided that the party, his agent or attorney wishing the personal attendance of the witness, before he shall have the right to demand the subpoena of the clerk, shall make oath before said clerk that he believes injustice will be done him without the personal attendance of the witness.  A division of the question being called for.  And then the House adjourned until half past two o'clock.

EVENING SESSION, Half past 2 o'clock.

The House met pursuant to adjournment.

The House then resolved itself into a committee of the whole on the report of the committee on the state capitol- Mr. Vining in the chair: after some time spent in the consideration thereof the committee rose,


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and Mr. Speaker resumed the chair.

Mr. Vining from the committee of the whole reported a joint resolution adopting a plan for the state Capitol which was read a first time and ordered to be read a second time.  The House resumed the consideration of Mr. Martin's amendment to the bill entitled “an act to provide for taking depositions in certain cases.”  The question was then on striking out, which was carried, and ten the question was upon the adoption of Mr. Martin's amendment, which was carried.  The bill was then referred to the a select committee consisting of Messrs. Kelly, Martin, Weisinger, Walker and Lewis.

Mr. Bridges moved to take from the table a bill to be entitled “an act to permit executors and administrators to sell the real estate of their testators or intestates where it may be for the benefit of the heirs;” which was lost.

Mr. Harris presented the memorial of the Grand Jury of Washington county at the November term of the circuit court of said county in the year 1827, praying the passage of a law altering the mode of trying slaves charged with capital offences," which was read and referred to a select committee consisting of Messrs Harris, Terry, Lewis, Tarver and Cook.

Mr. Harris moved to take from the table the report of the Judiciary committee on so much of the Governor's message as relates to the trial of slaves: which was carried.  The report was then referred to the select committee to whom was referred the memorial of the grand Jury of Washington county.

Mr. Lewis from the committee on the state Bank to whom was referred a resolution of the House of Representatives instructing them to ascertain whether the President and Directors of the state Bank have determined to erect a banking house; and if so how far the same has progressed, and what amount of money has been expended on the same, and what amount will be necessary to complete it; and if any difference of opinion existed among said directors as to the power and expediency of erecting said building; to report the reason of such difference of opinion, and that said committee be required to ascertain whether the President and Directors have any power to erect a banking house, and to purchase real estate for that purpose, and whether any necessity existed for the erection of said building; and that the President and directors be required to furnish the information contemplated by this resolution, beg leave respectfully to present to te House a transcript of the minutes of the board of Directors to present and likewise the reasons of a majority of the board for selecting the particular site on which the Banking House is located.  The committee further report that they have not received any suggestions from the board or any part thereof, as to the power & expediency of erecting said building more than is contained in the documents herewith submitted.  Inasmuch therefore, as this information required by the resolution has not been afforded the committee, they would reluctantly prejudice any part of the Directory by an examination and decision on their power to erect such banking house, or the necessity which existed for said erection.  The committee would therefore beg leave to submit the following resolution.  Resolved that the committee on the state Bank be excused from reporting to this House their opinion as to the necessity and power of the board of directors to erect a banking house, until they shall receive from said Directors a more full exposition of the powers on which they rely for erecting the same, and the necessity for such erection and that the Directors be required to furnish


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such information.  Which report the House concurred and the resolution submitted by the committee adopted.  Ordered that the documents accompanying the report of the committee on the state Bank be laid on the table.  And then the House adjourned till tomorrow morning 10 o'clock.