THURSDAY, December 6, 1827.

The House met pursuant to adjournment.

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

Mr. Speaker laid before the House the petition of the inhabitants of the fourth township and ninth range in the county of Lawrence, praying the passage of a law to sell said 16th section, which was read and referred to the committee on schools, colleges and universities and school and university lands.

Mr. Perkins presented the memorial of Grantland & Robinson, late public printers, praying remuneration; which was read and referred to the committee on propositions and grievances.

Mr. Speaker laid before the House a communication form the comptroller of public accounts, which was read and referred to the committee on the state Bank.

Mr. Stone from the military committee to whom was referred a resolution instructing them to inquire into the expediency of subjecting captains of companies to a greater penalty than is now fixed by law for neglecting to appoint patrols.  Also a resolution to inquire into the expediency of procuring a suitable number of the abridgment of the United States' Infantry Discipline.  Also a petition of the officers of the 6th Brigade of the 3d division of Alabama Militia.  And also a petition of the officers of the 27th regiment in Monroe county, Reported a bill to be entitled "an act to amend the several acts now in force relative to the militia and patrols of this state;" which was read a first time and ordered to be read a second time on tomorrow.

Mr. McVay from the committee on county boundaries to whom was referred the petition of sundry inhabitants of Covington county: also the petition of sundry inhabitants of Pike county: and a resolution requiring them to inquire into the expediency of adding S. H. Bogle to Bibb county, Reported a bill to be entitled “an act to alter the boundaries of certain counties therein named,” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Stone from the military committee to whom was referred a bill to be entitled "an act to divide the twenty second regiment of the militia of this state," Reported the bill without amendment: the bill was then read a second time and ordered to be engrossed for a third reading.

Mr. Stone from the military committee to whom was referred a resolution instructing them to inquire into the expediency of organizing the department of the adjutant General, Reported that it is inexpedient; in which report the House concurred.

Mr. Stone from the military committee to whom was referred a resolution instructing them to inquire into the expediency of re-enacting an act of the General Assembly passed the 12th day of January 1826, entitled "an act to alter the time of holding company courts martial, which act has been by the adoption of the revised code of the militia and patrol laws by Thomas W. Farrar virtually repealed Reported that it is inexpedient.  Ordered that said report lie on the table.

Mr. Stone from the military committee to whom was referred a reso-


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lution instructing them to inquire into the expediency of so amending the militia law of this state, so as to fix by law the specific days of muster as well the day of holding their respective courts martial Reported that it is inexpedient to amend the militia law.  Ordered that the said report lie on the table.

Mr. Lawler from the committee on divorce and alimony to whom was referred the record of the circuit court of Montgomery county exercising chancery jurisdiction in the case of Benjamin D. Hassell against Mary Hassell for Divorce, Reported a bill to be entitled “an act to divorce Benjamin D. Hassell from his wife Mary Hassell” which was read a first time and ordered to be read a second time.

A message from the Senate by Mr. Lyon.

Mr. Speaker:- The Senate disagree to the amendment made by your honorable body to the bill entitled “an act for the relief of Pleasant Wright, former jailor of Greene county,” by striking out the second section, They have passed a bill which originated in their House entitled “an act relative to the satisfaction of executions” which they desire your concurrence.  They have also passed a bill which originated in the House of Representatives entitled "an act authorizing Samuel B. Ewing administrator of Thomas Ewing deceased to sell and transfer certain real estate, and have amended the same as herewith shewn: in which they ask your concurrence.  And then he withdrew.  Ordered that the House insist on their amendment to the bill entitled “an act for the relief of Pleasant Wright, former Jailor of Greene county,” by striking out the second section of the bill.  Ordered that the House concur in the amendment made by the Senate to the bill entitled “an act authorizing Samuel B. Ewing, administrator of Thomas Ewing deceased to sell and transfer certain real estate” by inserting the words “Selma or some neighboring town” in the first section of the bill.

Mr. Forrest from the select committee to which was referred a bill to be entitled "an act giving longer stays on executions from Justices of the peace, and a longer time for constables to return executions directed to them by a Justice of the peace.  Reported as a substitute in lieu thereof a bill to be entitled “an act giving longer stays on judgments rendered by Justices of the Peace” which was read a first time and laid on the table.

Mr. Lawler from the committee on divorce and alimony to whom was referred the record of the circuit court of Conecuh county exercising chancery jurisdiction in the case of Thomas I. Snowden against Tabitha Snowden for divorce reported a bill to be entitled “an act to divorce Thomas Snowden from Tabitha Snowden;” which was read a first time and ordered to be read a second time.

Mr. Lawler from the committee on divorce and alimony to whom was referred the record of the circuit court of Greene county exercising chancery jurisdiction in the case of Winney Gaines v. Francis T. Gaines for divorce; Reported a bill to be entitled “an act to divorce Winney Gaines from her husband Francis T. Gaines,” which was read a first time and ordered to be read a second time.

Mr. Weisinger from the select committee to whom was referred a bill permitting witnesses and Jurors to cross the Cahawba and Alabama rivers free of cost Reported the same without amendment.  The bill was then read a second time and the question being put shall this bill be engrossed and read a third time?  it was determined in the negative.

Mr. Duke from the select committee to whom was referred the petition of William H. Ragsdale, Reported a bill to be entitled “an act to amend


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and explanatory of an act to authorize William H. Ragsdale and his associates to turnpike a road therein specified, passed 4th day of January 1826.” which was read a first time and ordered to be read a second time.

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,” was laid on the table.  Ordered that sixty four copies thereof be printed for the use of this House.

Mr. McVay of Laud from the joint committee on the part of this House to act with the committee appointed on the part of the Senate, to examine whether John Davis has safely kept and returned to the proper persons the state property that was entrusted to him by a resolution of the last General Assembly, Reported that they have made inquiry in relation to the property alluded to in the resolution, and can find no data by which they can comply with the requisitions of the same, than the inventory furnished by Davis himself, which appears to have been taken on the 20th of January 1827, and your committee believe correctly taken and the property delivered to the doorkeepers of the General Assembly as by him received.  Ordered that said report lie on the table.

Mr. Rainey from the select committee to whom was referred a resolution instructing them to inquire and report what compensation should be allowed Hiram Shortridge Esq. for services rendered this House.  Reported a bill to be entitled “an act to compensate Hiram Shortridge Esq. for certain services rendered the legislature of this state;” which was read a first time and ordered to be read a second time.

Mr. Massey obtained leave to introduce a bill to be entitled “an act to regulate the inspection of tobacco in this state;” which was read a first time and ordered to be read a second time. Mr. Harris obtained leave to introduce a bill to be entitled “an act relative to sheriffs' sales” which was read a first time and ordered to be read a second time.

Mr. Ross moved to take from the table a 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;” which was carried.  Ordered that the House concur in the amendments made by the Senate to said bill by adding thereto two additional sections.

On motion of Mr. Forrest Resolved that the Senate be invited to assemble in the Representative Hall on Tuesday next at 12 o'clock for the purpose of electing a state Treasurer, a Comptroller of public accounts, and an adjutant General, and that the east end of the Hall be assigned for their reception.

Mr. Forrest obtained leave to introduce a bill to be entitled “an act to revive and continue in office an act passed the 31st day of December 1822, entitled an act to incorporate the town of Jonesborough in the county of Jefferson,” which was read a first time and ordered to be read a second time.

Mr. Collier obtained leave to introduce a bill to be entitled “an act to amend an act to authorize clerks and magistrates to collect cost in certain cases;” which was read a first time and ordered to be read a second time.

Mr. Rather moved to take from the table the 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 lost.

Mr. Collier moved to take from the table a memorial to the Congress

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of the United States on the subject of the extension of the Federal Judicary system, so as to admit the states received into the union since the last extension thereof, to a participation of its benefits; which was carried.

Mr. Kelly moved that the further consideration thereof be postponed until tomorrow: which carried.

Engrossed bill from the Senate entitled “an act relative to the satisfaction of executions,” was read a first time and ordered to be read a second time.  Engrossed bills from the Senate of the following titles, to wit: an act to revive and continue in force an act entitled an act to provide for the choosing electors of the President and Vice President of the United States, passed December 26th 1823: and an act for the relief of William Ferguson: were severally read a third time and passed.  Ordered that the titles be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bills of the following titles, to wit: An act to appoint commissioners for the county of Dale, and for other purposes.  An act to compel solicitors to reside within their respective circuits: an act to authorize Ansel Sawyer to erect a mill on Coosa river: 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 the people of the county of Bibb to fix the permanent seat of Justice in said county, & for other purposes.  An act to authorize and require the sheriff of Green county to hold a separate sale at Springfield in said county: An act compelling clerks of circuit and county courts to calendar the trial causes to their respective courts.  An act to change the mode of issuing process' by Justices of the Peace in civil causes.  An act for the more speedy trial of chancery causes.  An act to authorize the Sheriff of Walker county to execute precepts issued by Justices of the peace.  an act relative to offsets before Justices of the peace: were severally read a second time and ordered to be engrossed for a third reading.

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,” was referred to Judiciary committee.

Engrossed bill from the Senate entitled “an act to amend an act entitled an act to incorporate the town of Florence in the state of Alabama;” was read a second time and ordered to be read a third time.

A joint resolution in relation to an exchange of sixteenth sections, was laid on the table till Monday next.  A joint resolution adopting a plan for the state Capitol was read a second time.  Mr. Collier moved that the resolution be considered as engrossed - which was carried.  It was then read a third time as engrossed and passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

A bill to be entitled “an act to authorize the sale of the state House in the town of Cahawba then being under consideration.  Mr. Tarver moved that the bill lay on the table until the first day of June next;” which was carried.

Engrossed bill entitled "an act supplementary to an act entitled an act concerning executions and sales by sheriffs and for other purposes, passed December 20th 1820, was read a third time and the question being put, shall this bill pass?  it was determined in the affirmative.  Yeas 46- nays 11.  The yeas and nays being desired, those who voted in the affirma-

tive are.


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Messrs. Anderson, Brown,  Broadnax, Bridges,  Bonnell, Clark,  Colgin, Collier, Conner, Cook, Craig, Daniel, Dennis, Durret, Duke, Ellis, Forrest, Greening, Harris, Higgins, Kelly, Lawler, Lewis, McVay of laud. McVay of law. Massey, McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Price, Rainey, Rather, Richardson, Ross, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of mad. Stone, Tarver, Terry, Vaughan, Walker, Walthal, Ward, Weisinger- 49.

Those who voted in the negative are,

Messrs Speaker, Bell, Bradford, Davis,  Edmondson, Jack, Martin, Perkins, Robertson, Vining, Wiggins- 11.

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

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 1816” was referred to the Judiciary committee.

Mr. Harris 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 of intestates where it may be for the benefit of the heirs;” which was carried.  The bill was then referred to a select committee consisting of Messrs. Bridges, Harris, Kelly, and Weisinger.  and then the House adjourned to half past 9 o'clock tomorrow morning.