FRIDAY, December 7, 1827.

The House met pursuant to adjournment.

Ordered that Mr. Colgin have leave to absence form this House until Monday next.

Mr. Ellis presented the petition of Henry T. Anthony, clerk of the county court of Tuscaloosa county, praying the passage of a law relieve him from the payment of a certain sum of money therein mentioned, which was read and referred to select committee consisting of Messrs. Ellis, Harris, Vaughan and Perkins.

Mr. Ross presented the memorial of James P. Bates and Samuel Rogers praying the passage of a law incorporating them and their associates, as the “Pass Heron Navigation Company;” which was read and referred to the Judiciary committee.

Ordered that Mr. Richardson have leave to absence until Monday next.

Mr. Forrest presented the petition on John Wood praying the aid of the legislature for losses sustained, which was read.  Ordered that the said petition together withe accompanying documents be referred to a select committee consisting of Messrs. Forrest, Brown and Sargent.

Mr. Bradford presented the petition of Adam Shuffield, praying an alteration in the law upon the subject of electing Justices of the Peace, which was read and referred to the Judiciary committee.

Mr. Lawler presented the petition of sundry inhabitants of Shelby county, praying the passage of a law authorizing Micajah Jones to erect a toll gate on the road leading from Elyton in Jefferson county; to Montevallo in Shelby county which was read and referred to a select committee consisting of Messrs. Lawler, Walker and Clarke.

Mr. Acklen presented the memorial of William Kelly, praying compensation for services rendered the state, which was read and referred to a select committee, consisting of Messrs. Acklen, Moore of Mad. and Harris.

Mr. Bridges presented the petition of sundry inhabitants of Wilcox county praying the passage of a law to establish a road therein named; which was read and referred to the committee on roads, bridges and ferries.

Mr. Kelly from the committee on ways and means to whom was referred a bill to be entitled "an act to provide for the payment of that part of


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the revenue arising from tavern and retail licenses and houses of entertainment into the treasury of the counties respectively; Reported the bill without amendment.

Mr. Kelly from the committee on ways and means to which was referred so much of the Governor's message as recommended an increase of the salary of the Judges and Solicitors, Reported that it is inexpedient to make such an increase at this time: in which report the House concurred.

Mr. Kelly from the committee on ways and means to which was referred a resolution instructing them to inquire into the propriety of changing the taxes on retail merchants, and fix the taxes agreeable to the amount of capital employed, to be classed in three or more classes, and license to be procured from the clerks of the county court, Reported that it is inexpedient to make the proposed change: in which report the House concurred.

Mr. Kelly from the committee on ways and means to which was referred a resolution instructing them to inquire into the expediency of taking some steps to ascertain upon what terms and conditions the government of the United States would dispose of her lands within the limits of this state, with a view to this state becoming the purchaser, asked leave to be discharged from the further consideration of the subject, and to recommend that the same be referred to the select committee appointed to draft a memorial to Congress on the subject of the public lands in this state: which was granted.  Ordered that said resolution be referred to the select committee appointed to draft a memorial to the Congress of the United States on that subject.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of John Hanes with the accompanying documents, Reported that the prayer of the petitioner is unreasonable and ought not to be granted: in which report the House concurred.

Mr. Martin from the committee on propositions and grievances to whom was referred a resolution instructing them to inquire into the expediency of repealing the proviso in the second section of an act passed the 13th of January last, entitled “an act to prohibit the importation of slaves into this state for sale or hire.”  And also a bill to be entitled “an act to amend an act entitled an act to prohibit the importation of slaves into this state for sale or hire.” Reported the same with sundry amendments.  Mr. Terry moved that the bill together with the amendments lie on the table till Thursday next: which was carried.

Mr. Martin from the committee on propositions and grievances to whom was referred the petition of James Holmes, Reported a bill to be entitled “an act for the relief of James Holmes;” which was read a first time and ordered to be read a second time.

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 authorizing the sale of the 16th sections in this state; and that the said committee be required to report by bill or otherwise, the best mode of ascertaining the sense of the inhabitants of the different townships as to the sale of the said sections, and to provide for the sale of the same if it should be so determined by the inhabitants, and for the funds arising from the sale thereof, Reported a bill to be entitled “an act to authorize the sale of the 16th sections and for other purposes;” which was read a first time and the rule requiring bills to be read on three several days being dispensed with, it


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was then read a second time forthwith, and referred to a committee of the whole House on Wednesday next, and 64 copies thereof ordered to be printed for the use of the House.

Mr. Vining from the committee on schools, colleges and universities, and school and university lands, to whom was referred the petition of James Wilson, Edmond Blankenship and John ford of Madison county, in behalf of the inhabitants of township two, range one, east of the basis meridian of Huntsville, remonstrating against the sale of the 16th section Reported that inasmuch as said committee have reported a bill of a general nature on the subject of the 16th sections, and whereas the inhabitants of said township will hereafter have an opportunity to refuse to sell, the committee therefore beg leave to be discharged from the further consideration of said petition: which was granted.

Mr. Greening from the Judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of providing by law a summary mode of enforcing the payment of bills of exchange and drafts due the Bank of the state of Alabama, Reported a bill to be entitled “an act providing for the more speedy collection of debts due the Bank of the state of Alabama, and for other purposes;” which was read a first time and ordered to be read a second time on Monday next, and sixty four copies thereof ordered to be printed for the use of this House.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act to provide for the support of paupers,” Reported the same without amendment.

Mr. Greening from the Judiciary committee to whom was referred a bill to be 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, and other high crimes and misdemeanors,” Reported the bill without amendment.

Mr. Greening from the judiciary committee to whom as referred a bill to be entitled “an act amendatory of the common law as hereinafter provided, Reported said bill without amendment.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act to give Justices of the peace jurisdiction of certain contracts therein named.”  Reported the same without amendment.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled: “an act to provide for the choosing electors of President and Vice President of the United States.” ask leave to be discharged from the further consideration of said bill.  Ordered that the said report lie on the table.

Mr. Greening from the Judiciary committee to whom was referred 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 purposes: and have amended the same by striking out all after the enacting clause, and substituting another bill: which amendment was concurred in by the House.  yeas 30- nays 27.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Acklen, Anderson, Brown, Broadnax, Bonnell, Cook, Dennis, Duke, Ellis, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McRae of mon. McRae of Frank. Perkins, Price, Robertson, Sharp, Sibley, Smith of Clarke, Stone, Tarver, Terry, Walthal, Ward, Wiggins- 30.

Those who voted in the negative are,


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Messrs.  Speaker, Bell, Bradford, Bridges, Clark, Collier, Conner, Craig, Daniel, Davis, Durrett, Edmondson, Forrest, Kelly, McVay of Laud. McVay of Law. Moore of mad. Rainey, Rather, Ross, Russell, Sargent, Smith of mad. Vaughan, Vining, Walker, Weisinger.- 27.

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

Mr. Lawler from the committee on divorce and alimony to whom was referred the record of the circuit court of Franklin, county exercising chancery jurisdiction in the case of James Gholson against John Gholson for divorce,  Reported a bill to be entitled “an act to divorce Jane Gholson from her husband John Gholson;” which was read a first time and ordered to e read a second time on tomorrow.

Mr. Lawler from the committee on divorce and alimony to whom was referred the record of the circuit court of Clarke county exercising chancery jurisdiction in the case of Parthenia Coursey against James Coursey for divorce: Reported a bill to be entitled “an act to divorce Parthenia Coursey for her husband James Coursey;” which was read a first time and ordered to be read a second time tomorrow.

Mr. Ellis from the committee on enrolled bills, Reported that they had examined and found correctly enrolled bills of the following titles, to wit: An act to incorporate the town of Blountsville in the county of Blount: An act to provide for an extra term of the circuit court of Mobile county: An act authorizing a lottery for the benefit of Cyrus Chapter No. 6 of Royal Arch Masons and of Florence Lodge No 14 of ancient Free Masons in the town of Florence: an act for the relief of Bushrod W. Bell; an act to prevent the abatement of suits in certain cases; An act supplementary to an act entitled an act to alter and amend the charter of incorporation of the city of Mobile; an act to extend the corporate limits of Bellefont: and an act better to secure the benefits of the law exempting certain property from execution to poor families of this state; all of which originated in this House.

Mr. Rather from the select committee to whom was referred a resolution instructing them to draft a memorial to the Congress of the United States praying the appointment of commissioners an surveyors to run the line between the state of Alabama and the Cherokee tribe or nation of Indians, or so much of said line commencing at Camp coffee on the south side of the Tennessee river, running from thence a due south course to the top of the dividing ridge between the waters of the Tennessee and Tombeckbe rivers as is laid down in the treaty of Turkey Town, the 4th of October 1816, which treaty is signed by Maj. General Andrew Jackson, General David Merriwether, and Jesse Franklin Esq. commissioners on the part of the United States, Reported a joint resolution in relation to the Cherokee boundary;" which was read a first time and ordered to be read a second time on tomorrow.

Mr. Craig presented the petition of William M. Marr, praying the passage of a law authorizing one or more of the circuit Judges to declare at what time the state derived title to the land in said petition mentioned which was read and referred to a select committee consisting of Messrs. Craig, Martin, and Jack.

Mr. Cook from the select committee to whom was referred the petition of sundry persons, praying the repeal of an act allowing a Justice of the Peace to be elected in the corporate limits of Greenville, Reported a bill to be entitled "an act to amend a certain act therein mentioned" which was read a first time and ordered to be read a second time.


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Mr. Vining moved to take from the table a bill to be entitled “an act to repeal an act passed 23d December 1824, concerning divorce and for other purposes.” which was carried: The bill was then referred to a select committee consisting of Messrs. Vining, Smith of Clarke, & Lawler

Mr. McVay of Laud. 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 carried.  Mr. McVay of Laud. Moved to amend the second section with the following; “for keeping and feeding a horse, beast, or mule, taken by attachment or execution for every 24 hours each 20 cents: for keeping and feeding cattle taken in execution by attachment, for every 24 hours, each 4 cents;” which was adopted.  Mr. Greening moved to amend the bill by striking out the 3d section and inserting another in lieu thereof.  Mr. Lewis then moved that the bill be referred to the Judiciary committee: which was carried.

A message from the Senate by Mr. Lyon.

Mr. Speaker- The senate concur in the amendment made by your honorable body to the bill entitled “an act for the relief of William W. Garrard.”  They have passed bills which originated in their House entitled “an act for the benefit of the Pikeville Library Company,” and “an act to incorporate the Philomathian Society,” in which they desire your concurrence.  And then he withdrew.

Mr. Ross obtained leave to introduce a joint resolution requiring the comptroller of public accounts to furnish the tax collectors and county court clerks with a certified copy of the revenue laws of this state: which was read a first time and ordered to be read a second time.

A memorial to the Congress of the United States on the subject of the extension of the Federal Judiciary system so as to admit the states received into the union since the last extension thereof to a participation of its benefits.  Mr. Kelly offered the following amendment: "Your memorialist further show that there is but little commercial intercourse between the northern and southern sections of Alabama, and when the Judge of the district court is withdrawn for the maritime district, where his presence is of great importance, to hold court in the northern district twice a year, a distance of three hundred miles or upwards, which circumstance has prevented the court in the northern district from being regularly held.  Those evils would find a suitable remedy in the appointment of a Judge for the northern district.  This measure is rendered doubly important from the peculiar existing circumstances: the present district Judge is President of the Tombeckbe Bank, which has failed within the present year.  And your memorialist are informed and believe that the notes of the debtors of said bank to a large amount, perhaps four or five hundred thousand dollars, have been lately transferred to the United States, and will shortly be put in suit in the said district court, and the suits transferred for trial to Mississippi, Tennessee or Georgia, on account of the peculiar condition of the district Judge.  Your memorialists cannot but view this proceeding as highly oppressive to a considerable number of the citizens of Alabama: without entering into the question of jurisdiction, your memorialists cannot but repeat that it is oppressive and unjust to send the defendants to another state to investigate that question as well as the other important questions involved in the controversy growing out of the laws of Alabama, Wherefore your memorialists pray the appointment of a district Judge for the northern district of Alabama, who will be competent to try said causes, especially if the circuit court sys-


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tem shall not be extended to Alabama:” which was adopted.  Mr. collier offered the following amendment: Resolved that His Excellency the Governor be requested to forward to each of our Senators and Representatives in Congress a copy of the foregoing memorial; with a request to lay the same before Congress: which was adopted.  Mr. Bridges moved to amend the memorial by striking out the word “must” for the purpose of inserting the word “should” which was carried.  The memorial was then read a second time and ordered to be engrossed for a third reading.

On motion of Mr. Walker Resolved that the Judiciary committee be instructed to inquire into the expediency of repealing so much of the law as makes it obligatory on a party to prove the allegations in his bill where the same may have been taken pro confesso.

On motion of Mr. Collier Resolved that the Judiciary committee be instructed to inquire into the expediency of providing a more speedy remedy on bonds given to keep the prison bounds and to deliver in a schedule of property with a view to take the insolvent oath.

Mr. Tarver obtained leave to introduce a bill to be entitled “an act to declare void a certain rule of the supreme court,” which was read a first time and ordered to be read a second time.

Mr. Kelly obtained leave to introduce a bill to be entitled “an act to establish the principles of decision in certain cases in law and equity;” which 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 for the benefit of the Pikeville Library Company: an act to incorporate the Sommerville Philomathian society: were severally read a first time and ordered to be read a second time.

Engrossed bill to be 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 referred to the Judiciary committee.

Engrossed bill 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:” was 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 entitled “an act compelling clerks of circuit and county courts to calendar the trial causes in their respective courts;” was read a third time.  Mr. Greening moved to amend the title of the bill by adding “and for other purposes,” which was carried.  The bill was then passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Mr. Speaker laid before the House a communication from the secretary of state, which was read.  Ordered that the same together with the accompanying document, be referred to the committee on the state Capitol. And the House adjourned until tomorrow morning half past 9 o'clock.