TUESDAY, January 1, 1828.

The House met pursuant to adjournment.

Mr. Moore of Jack. from the committee on the State capitol to which was referred a joint resolution to provide a house for the accommodation of the next General Assembly, Reported said resolution without amendment; it was then read a second time and ordered to be engrossed for a third reading tomorrow.

Mr. Martin from the select committee to which was referred a bill from the Senate entitled “an act concerning the owners and keepers of mills and other water works,” Reported the same with the following amendments: in the third line of the preamble after the word “ponds,” insert “Limestone county:” in the 4th line of the 1st section after the words ‘within’ insert the words “the county of Limestone in,” and also by adding a proviso to the first section of the bill in the following words; Provided that nothing herein contained, shall be so construed as to prevent any owner of water works within said county to draw off the water from their pond for the space of ____ days, for the purpose of repairing the dam and other works; and be adding thereto an additional section: in which amendments the House concurred. It was then ordered to be read a third time

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on tomorrow.

Mr. Ross from the committee on accounts to which was referred the petition of the county Judge and commissioners of roads and revenue of Wilcox county, praying remuneration for certain expenses incurred by said county in sustenances &c. of certain state prisoners, Reported that their claim in part is an equitable one: and if properly set forth, is chargeable upon the state treasury: but in its present shape, they are aware of no law by which they could allow the same: and ask leave to be discharged from the further consideration thereof; which was granted. The report and accompanying documents was then referred to a select committee consisting of Messrs. Bridges Clark and Moore of mad.

Mr. Ross from the committee on accounts to which was referred the account of George W. Myers sheriff of Washington county, claiming compensation for executing Richard Berry, a state prisoner, Reported that said claim is not chargeable upon the state treasury; and ask leave to be discharged from the further consideration thereof: which was granted.

Mr. Moore of Jack. obtained leave to introduce a joint resolution to authorize the commissioners for superintending the erection of the state Capitol to purchase property therein named; which was read a first time. Mr. Jack moved that the further consideration of the resolution be indefinitely postponed; which was carried. Yeas 38- nays 22. The yeas and nays being desired, those who voted in the affirmative are,

Messrs Bell Bradford Brown Broadnax Bridges Bonnell Clark Conner Cook Craig Davis Durrett Duke Edmondson Higgins Jack Lawler McVay of Laud. McVay of Law. McRae of mon. Moore of mad. Paulding Price Rather Robertson Russell Sargent Sharp Smith of mad. Tarver Terry Vaughan Vining Walker Walthal Ward Weisinger Wiggins- 38

Those who voted in the negative are;

Mr. Speaker Acklen Anderson Colgin Collier Coopwood Daniel Ellis Forrest Greening Harris Kelly Martin McRae of Frank. Moore of Jack. Perkins Rainey Richardson Ross Sibley Smith of Clarke Stone 22

A message from the Senate by Mr. Lyon.

MR. SPEAKER:- The Senate insist on their amendment to the bill entitled an act altering the punishment of Forgery and counterfeiting in certain cases, by inserting in the 7th line of the 1st Section, after the word ‘any’ the words “last will and testament, gold or silver coin, made current by law;” and by inserting after the word "counterfeit" in the 22d line of the 1st Section, the words “gold or silver coin.” They have passed bills which originated in their House, entitled, an act to annex additional territory to Bibb county, so as to make the same constitutional; an act to prevent the unlawful assembly of slaves, and for other purposes; an act concerning the registration of deeds and Patents; an act to provide for the translation and preservation of the Spanish records of this State; an act relating to the duties of the Judges of the county courts and an act for the relief of Richard Corre, John Duncan jr. and Henry Center; in all of which they desire your concurrence.

They have also passed bills which originated in the House of Representatives, entitled: an act to divorce Winny Gaines from her husband Francis T. Gaines, an act to provide for the support of paupers in the counties of Madison, Autauga, Tuscaloosa and Clarke; an act to authorize James Mahan, William Lovelady, John Gardener and Ransom Davis, to enter a certain quantity of University land, for the purposes therein mentioned. An act to authorize the judge of the county court of Monroe county, and commissioners of Roads and Revenue to levy a special tax for the purpose therein mentioned, and have amended the same in the manner here-


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with shewn; and also, an act incorporating the town of Courtland in the county of Lawrence; and have amended the same as herewith shewn; in which they respectfully desire your concurrence, and then he withdrew.

Ordered, that the House recede from their disagreement to the amendments made by the Senate to the bill entitled "an act altering the punishment of forgery and counterfeiting in certain cases by inserting after the word “any;” the words: last will or testament, gold or silver coin made current by law,” 1st section 7th line, and by inserting after the word “counterfeit;” 1st section 22d line the words “gold or silver coin.” Ordered that the House concur in the said amendments to said bill. Mr. Smith of Clarke moved to amend the bill to be entitled “an act to authorize the Judge of the county court of Monroe county and the commissioners of roads and revenue to levy a special tax for the purpose therein mentioned” by striking out the words “thirty seven and a half,” with a view to insert “twelve and a half;” which was lost. Yeas 7- nays 49. The yeas and nays being desired those who voted in the affirmative are,

Mr. Coopwood, Edmondson, McRae of Frank. Price, Robertson, Russell, Smith of C. 7

Those who voted in the negative are,

Mr. Speaker, Acklen, Anderson, Bradford, Bell, Brown, Broadnax, Bridges, Bonnell, Clark, Collier, Conner, Cook, Craig, Daniel, Davis, Durrett, Duke, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. McRae of mon. Moore of mad. Paulding, Perkins, Rainey, Rather, Ross, Sargent, Sharp, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger, Wiggins- 49.

Ordered that the House concur in the amendments made by the Senate to said bill by striking out the word “fifty” and inserting in lieu thereof “thirty seven and a half.”

Mr. Collier obtained leave to introduce a bill to be entitled “an act to amend an act entitled an act respecting bail in civil cases,” passed 9th December, 1823; which was read a first time and ordered to be read a second time on tomorrow.

Mr. Smith of Clark obtained leave to introduce a joint resolution, declaring the expiration of the office of the present Trustees of the University of the State of Alabama, which was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill entitled "an act to repeal an act therein mentioned" 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 to increase the capital of the bank of the state of Alabama,” was read a third time. Mr. Kelly moved to fill the first blank in the bill with the words "two hundred thousand;" which was lost. Yeas 19- nays 40. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Speaker, Acklen, Anderson, Colgin, Conner, Daniel, Higgins, Kelly, Lawler, McRae of Frank. Moore of Jack. Paulding, Perkins, Rainey, Richardson, Sargent, Smith of C. Walker and Walthal- 19.

Those who voted in the negative are,

Messrs: Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Cook, Coopwood, Craig, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Jack, Martin, McVay of Laud. McVay of Law. McRae of mon. Price, Rather, Ross, Robertson, Russell, Sharp, Sibley, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Ward, Weisinger and Wiggins- 40.

Mr. Greening then moved to fill the blank with “one hundred thousand dollars;” which was carried. Yeas 51- nays 10. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Bradford, Bonnell, Clark, Colgin, Collier, Conner, Coopwood, Craig, Daniel, Davis, Dennis, Duke, Ellis, Edmondson, Forrest, Greening, Higgins, Jack, Kelly, Lawler, McVay of Law. McRae of Frank. Moore of Jack. Moore of mad. Paulding, Perkins, Price, Rainey, Rather, Richardson, Robertson, Sar-


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gent, Sharp, Smith of Clark, Smith of mad. Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger and Wiggins- 51

Those who voted in the negative are,

Messrs. Bridges, Cook, Harris, Martin, McVay of Laud. McRae of mon. Ross, Russell, Sibley and Stone-10.

The bill was then put on its passage, and the question being put, shall this bill pass? it was determined in the affirmative. Yeas 49- nays 12. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bonnell, Clark, Colgin, Collier, Conner, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Higgins, Kelly, Lawler, McVay of Law. Massey, McRae of Frank. Moore of Jack. Moore of mad. Paulding, Perkins, Price, Rainey, Rather, Richardson, Robertson, Sargent, Sharp, Smith of Clarke, Smith of mad. Vaughan, Vining, Walker, Walthal, Ward, Weisinger and Wiggins- 49.

Those who voted in the negative are,

Mr. Bridges, Cook, Harris, Jack, Lewis, Martin, McVay of Laud. McRae of mon. Ross, Russell, Stone, Terry- 12.

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. Greening moved to take from the table the resolution reported by the select committee to whom was referred the charges against the honorable Abner S. Lipscomb, by George F. Salle, Esq which was carried. The said resolution then being under consideration, Mr. Clark moved to strike out all of the resolution after the word resolved, with a view to insert the following: "as the sense of this House that Judge Lipscomb is not guilty of any of the charges exhibited against him, except the imprisonment of Samuel H. De Wolf upon two occasions during the recess of court, as to said commitment: be it further resolved, as the sense of this House, that the conduct of De wolf was a contempt of the Judge, and not of the court; and being so the Judge had no authority to imprison the offender for a longer time than six hours; and that the commitment of said De Wolf without a warrant of commitment expressing plainly and distinctly the offence for which he was committed was irregular, illegal, and dangerous to liberty.

And be it further resolved as the sense of this House, that a Judge out of court has no authority to punish definitively any contempt of court, actual or constructive; but on the contrary, every such contempt is punishable only in open court, after conviction of the offending party either in the view of the court in session, or on interrogatories propounded to the offender on the verdict of a jury.

And be it further resolved, that inasmuch as the irregularities mentioned in the foregoing resolution, did not proceed from a disposition either to extend the power of the Judge, or oppress the party imprisoned, there is no cause for the further exertion of the constitutional powers of the House, either by impeachment, removal by address, or vote of censure. A division of the question being called for, Mr. Lewis moved that the resolution lie on the table until 3 o'clock this evening; which was carried. And then the House adjourned until 3 o'clock this evening.

EVENING SESSION, 3 o'clock.

The House met pursuant to adjournment.

The House resumed the consideration of Mr. Clarke's motion to strike out the resolution reported by the select committee to which was referred charges against the honorable Abner S. Lipscomb by George F. Salle: which was carried. Yeas 38- nays 23. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Bell, Bradford, Brown, Broadnax, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Greening, Higgins, Kelly, Lawler, McVay of Law. Massey, McRae of mon. McRae of Frank, Moore of Jack. Price, Robertson, Russell, Sargent,


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Sharp, Smith of Clarke, Smith of mad. Tarver, Terry, Vaughan, Walker, Ward, Weisinger and Wiggins- 38.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bonnell, Colgin, Collier, Conner, Cook, Forrest, Harris, Jack, Lewis, Martin, McVay of Laud. Moore of mad. Perkins, Rainey, Rather, Richardson, Ross, Sibley, Stone, Vining- 23.

Mr. Collier then moved to amend the amendment offered by Mr. Clark with the following after the word “as;” “the members of this House can see nothing in the official conduct of Abner S. Lipscomb Judge of the first judicial circuit, disclosed by the testimony taken on the charges exhibited against him by George F. Salle, Esq. deserving of censure, they therefore wholly acquit the said Judge from all censure. Mr. Coopwood moved that the proposed amendment of Mr. Collier lie on the table -- which was carried. Mr. Greening then moved that the amendment proposed by Mr. Clark lie on the table: which was carried. Mr. Lewis then moved to fill the blank created by striking out the resolution reported by the committee, with the following: Resolved by the House of Representatives that though a majority of the House are of opinion, that a Judge cannot imprison for a contempt offered to him out of court for a longer term than six hours, under a proper construction of the statute of the state, yet they believe this a matter of opinion and construction, and that Judge Lipscomb decided according to the best of his judgment, and that according to the testimony, the conduct of De Wolf was such as to justify the several imprisonments, and that therefore no censure ought to attach to Judge Lipscomb.

Resolved that in relation to all the other charges, they believed his conduct to have been highly proper and correct: which was carried. Yeas 56- Nays 6. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Daniel, Davis, Dennis, Durrett, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clarke, Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward- 56

Those who voted in the negative are,

Messrs. Coopwood, Craig, Duke, Massey, Weisinger and Wiggins- 6

Mr. Clarke moved to amend the resolution by striking out the word “highly;” which was lost: and the question being put, shall this resolution be adopted ? it was determined in the affirmative. Mr. Martin offered the following: Resolved also that the fullest confidence in the integrity and correctness of the honorable A. S. Lipscomb heretofore reposed by the members of this House, is not in the slightest degree impaired by the investigation of said charges; but on the contrary, they are satisfied that confidence was well founded, and that it is still due to him. Mr. Clark moved that the resolution lie on the table; which was carried. Yeas 34- nays 27. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Acklen, Bradford, Bridges, Broadnax, Clark, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Kelly, McVay of Law. McRae of mon. McRae of Frank. Moore of Jack. Moore of Mad. Robertson, Russell, Sargent, Sharp, Smith of Clark, Smith of mad. Tarver, Terry, Walker, Ward, Weisinger and Wiggins- 34

Those who voted in the negative are,

Mr. Speaker, Anderson, Bell, Brown, Bonnell, Colgin, Collier, Conner, Cook, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McVay of Laud. Perkins, Rainey, Rather, Richardson, Ross, Sibley, Stone, Vining and Walthal.

And then the House adjourned until half past 9 o'clock tomorrow morning.