THURSDAY, January 10, 1828.

The House met pursuant to adjournment.

Mr. Greening from the Judiciary committee to which was referred a bill to be entitled “an act to declare in what manner pardons and reprieves shall be granted, and fines and forfeitures remitted,” reported the bill without amendment. Mr. Forrest moved that the further consideration of the bill be indefinitely postponed; which was carried.

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 authorize John G. Creagh to bring into this state the slaves of his wards Anne D. Houze and James Houze, and for other purposes: an act to amend an act entitled an act to provide for the printing of the Laws and Journals, and for other purposes, passed 25th December 1822, which originated in the Senate: also an act for the relief of Dugald McFarlane: an act to authorize the Judge of the county court and commissioners of roads and revenue of Shelby county to levy an extra tax; an act to change the names of certain persons therein named: an act to regulate the inspection of Tobacco in this state: all of which originated in this House.

Mr. Greening from the Judiciary committee to which was referred the bill entitled an act regulating Judicial proceedings, reported the same without amendment: it was then ordered to be read a third time.

Mr. Greening from the Judiciary committee to which was referred the bill entitled an act to amend the fifth section of an act regulating Judicial

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proceedings, passed December 18th 1811, reported the bill without amendment: the bill was then laid on the table on motion of Mr. Collier.

Mr. Greening from the Judiciary committee to which was referred the bill entitled an act for the relief of appearance bail, reported the bill without amendment: and the question being put, shall this bill pass? it was determined in the negative.

Mr. Greening from the Judiciary committee to which was referred the bill entitled an act defining the liability of endorsers, and for other purposes; reported the bill without amendment. Mr. Kelly moved to amend the bill by way of proviso: which was adopted: it was then ordered to be read a third time tomorrow.

Mr. McRae of Frank. from the select committee to which was referred the preamble and resolutions having for its object the improvement of the navigation of Colbert's Shoals, of the Tennessee river, ask leave to be discharged from the further consideration of the subject; which was granted.

Mr. Clark from the select committee to which was referred the bill entitled an act to annex additional territory to Bibb county so as to make the same constitutional, reported the same without amendment: also the same committee to which was referred the petition and remonstrance of sundry citizens of Bibb county, remonstrating against the annexation of the territory in said bill mentioned ask leave to be discharged from the further consideration of the same; which was granted: the petition was then laid on the table. Mr. Clark moved that the bill lie on the table till the first day of the next session: which was carried. Yeas 37; Nays 15. The yeas and nays being desired, those who voted in the affirmative are:

Mr. Anderson Brown Broadnax Bridges Bonnell Clark Colgin Conner Coopwood Craig Daniel Davis Dennis Durrett Duke Ellis Edmondson Harris Kelly Lawler McVay of Laud. Massey McRae of Frank. Moore of J. Paulding Rainey Rather Richardson Robertson Russel Sargent Smith of mad. Stone Terry Vaughan Ward and Wiggins- 37.

Those who voted in the negative are,

Messrs. Speaker Bell Collier Forrest Greening Jack Lewis Martin Moore of mad. Perkins Ross Sharp Walker Walthal and Weisinger- 15.

A message was received from the Governor by James I. Thornton, Secretary of state, which was handed in at the Speaker's chair; and then he withdrew.

EXECUTIVE DEPARTMENT, January 8, 1828

The Honorable the Speaker and Members of the House of Representatives:

GENTLEMEN:- I beg leave to return with the negative of this department, the bill which originated in your honorable body, entitled “an act altering the mode of punishing forgery and counterfeiting in certain cases: as this course is pursued at all times with reluctance, it is no less congenial with my private feelings, then required by public duty, to assign briefly the reasons of my dissent. The present law which makes forgery a capital crime might seem at first view to be of a sanguinary character; but more deliberate reflection on the nature of the offence, and the necessity of an effectual suppression of it by the highest penal sanctions, might lead to a change of opinion. Any law which the more effectually prevents the commission of crime, however fearful its sanctions may seem in its operations, is more merciful and mild than that law which invites violation by the feeble and inadequate inducements which tend to preserve it. It is equally, at least, and perhaps far more important to so-


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ciety to prevent the commission of crime by throwing around it the most direful terrors known to our nature, than that a mild and more certain punishment should be inflicted on it- all punishment is a disgrace and operates as a moral and social expatriation. The delinquent is retained in society, but is rejected from its comforts; and unless penitence ensues, perhaps may only serve to lead others into similar errors- vice, as well as virtue, delights in numbers and associations. It is also

NOTE- The message was sent to the Senate with the bill and was not returned to the House of Representatives.

T. B. TUNSTALL, Clerk of the H. R.

The Governor returned to this House the bill entitled an act altering the punishment of forgery and counterfeiting, with his veto thereon. The bill was again put on its passage, and the question being put, shall this bill pass? it was determined in the negative. Yeas 29- nays 20. The yeas and nays being desired, those who voted in the affirmative are,

Messrs Bonnell Colgin Collier Conner Coopwood Craig Daniel Davis Durrett Duke Ellis Edmondson Forrest Jack Kelly Lawler Martin McVay of Laud. Massey Moore of J. Moore of mad. Perkins Price Rainey Rather Ross Robertson Smith of mad. and Weisinger- 29.

Those who voted in the negative are,

Messrs. Speaker Anderson Bell Bradford Brown Broadnax Bridges Dennis Greening Harris McRae of Frank. Paulding Richardson Russell Sargent Sharp Terry Vaughan Ward and Ward- 20.

Mr. Harris who voted in the majority moved to reconsider the vote given on the passage of the bill; which was carried: it was then put on its passage, 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 33- nays 20. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Bonnell Clark Colgin Collier Conner Cook Coopwood Craig Daniel Davis Durrett Duke Ellis Edmondson Jack Kelly Lawler Lewis Martin McVay of Lau Massey Moore of Jack Moore of mad Perkins Price Rainey Rather Ross Robertson Smith of mad. Walker Walthal and Weisinger- 33.

Those who voted in the negative are,

Messrs Speaker Anderson Bell Bradford Brown Broadnax Bridges Dennis Greening Harris McRae of Frank. Paulding Richardson Russell Sargent Sharp Terry Vaughan Ward and Wiggins- 20.

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

Mr. Greening obtained leave to introduce a bill to be entitled “an act providing for the payment of Solicitors for prosecuting to conviction, slaves charged with capital offences;” which was read a first time, and the rule requiring bills to be read on three several days being dispensed with, it was then read a second time forthwith, and laid on the table until three o'clock this evening.

A message from the Senate by Mr. Lyon.

MR. SPEAKER:- The Senate have passed bills which originated in their House entitled an act amendatory of the several acts heretofore passed in relation to the public revenue of this state: and an act to provide for the speedy collection of debts due the Bank of the state of Alabama in certain cases: in  which they desire your concurrence. They have passed a bill which originated in the House, entitled an act authorizing a lottery for the purpose of establishing a free school on the Lancasterian plan of tuition in the town of Huntsville, and the purchasing a clock for the use of said town; and have amended the same in the manner herewith shewn: in which they desire your concurrence. They have also passed bills which originated in the House of Representatives, entitled an act to repeal in part a certain act therein named: an act to be entitled an act to repeal an act entitled an act to provide for the payment of petit Jurors


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in the county therein named, and for other purposes; passed December 25th 1824 as far as the same applies to the county of Autauga and for other purposes: an act to authorize Wyatt Harper, administrator of William Bates deceased, to sell and transfer real estate: an act to place a certain road therein named, under the control of the commissioners' court of revenue and roads of Shelby county: an act to establish a road from McMurray's old saw mill, on the Shades creek in Jefferson county, to Ch's Mundine's in Shelby county: an act providing for the election of a sheriff in Blount county and for other purposes: an act relative to the estate of Isaac Edwards, late of Conecuh county, deceased: an act to authorize the commissioners of revenue and roads of Shelby county to levy a special tax and for other purposes: an act to divorce James Pharr from Mary Pharr; an act to repeal in part and amend an act entitled an act respecting slaves; passed March 6th, 1805: an act to repeal in part and amend an act entitled an act to establish a certain road therein designated an act to provide for the establishment of the permanent seat of Justice, in the county of Walker: an act for the benefit of the estate of Daniel Davis deceased late of Monroe county: an act to amend an act incorporating the town of Athens. And then he withdrew.

Ordered, that Mr. Clarke have leave of absence for the remainder of the session.

Ordered that the House concur in the amendments made by the Senate to the bill authorizing a lottery for the purpose of establishing a free school on the Lancasterian plan of tuition in the town of Huntsville; and the purchasing a clock for the use of said town, by adding thereto sundry additional sections; and by amending the title of the bill with the words “and incorporating the Poplar Spring Academy in Morgan county.”

Engrossed bill from the Senate entitled an act to authorize Mahala Farrar to emancipate a mulatto slave named Patience, was read a third time and passed: Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

Mr. Kelly from the committee on ways and means to which was referred a bill to be entitled “an act to alter and amend the laws respecting the assessment of taxes, and for other purposes,” Reported the same with the following amendment: by striking out sums and dates in several places, to leave blanks to be filled on the third reading: and also by striking out the 4th section and inserting several other sections in lieu thereof. Mr. Walker moved to amend the bill by way of proviso; which was carried. Mr. Greening moved that it lie on the table till the first day of June next; which was carried.

Mr. Brown presented the petition of Levi Robins, praying compensation for apprehending a criminal; which was read and referred to the committee on propositions and grievances.

Mr. Bridges made the following report: The select committee to which was referred that part of the Governor's message which relates to agriculture, accompanied by a letter from General Lafayette and a letter from Doct. Morbot de Crunsas, a Swiss gentlemen, who proposed settling with a small colony, in some part of the southern states, Report that they have not had time or opportunity to bestow that consideration upon this subject which its importance demanded. They are of opinion, however, that at present it is premature to organize or adopt by legislative enactment, any general system in relation to this subject: yet it is believed to be expedient to encourage the introduction and cultivation of new staples, to the growth of which our soil and climate is believed to be


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highly adapted; both from experiments which have been made by distinguished individuals in South Carolina and Georgia as well as by some enterprising citizens of our own state. The settlement of some industrious and enterprising European emigrants, who are skilled in the culture of the vine, the olive, and other articles, to the growth of which our climate is thought to be highly favorable, would doubtless prove highly beneficial to our county, by giving to the cultivation of those commodities, at once a maturity and vigor, which our citizens would otherwise have to acquire by years of labor and experiment. I am, therefore, instructed by the committee, to recommend the adoption of the following resolution. Resolved that his Excellency the Governor be requested to improve any opportunity which may offer, for the encouragement of enterprising European emigrants who may wish to settle in this state, for the purpose of introducing the culture on the vine, the olive and other new article. In which report the House concurred, and the resolution was adopted by the House.

Mr. Kelly obtained leave to introduce a bill to be entitled “an act to regulate the mode of organizing the Senate and House of Representatives at the commencement of each session;” which was read a first time, and the rule requiring bills &c. to be read on three several days being dispensed with, it was then read a second time forthwith and ordered to be engrossed for a third reading tomorrow.

Engrossed bill entitled an act to abolish and establish certain election precincts therein mentioned; was read a third time. Mr. Stone moved to amend the bill by way of engrossed ryder; which was carried: it was then, on motion of Mr. McVay laid on the table till 3 o'clock this evening Engrossed bill entitled an act to alter the time of holding the county court of Montgomery county, was laid on the table until 3 o'clock this evening. Engrossed bill from the Senate, entitled an act to provide for the speedy collection of debts due to the Bank of the state of Alabama in certain cases, was read a first time and ordered to be read a second time tomorrow.

A bill to be entitled an act making appropriations for the year 1828, was laid on the table until three o'clock this evening.

Engrossed bill from the Senate entitled an act to change the times of holding the county courts of Jefferson, Henry, and Dale counties, was read a second time and referred to a select committee consisting of Messrs.  Dennis Forrest and Ward. And then the House adjourned until half past 2 o'clock this evening.

EVENING SESSION, half past 2 o'clock.

The House met pursuant to adjournment.

Engrossed bills of the following titles, to wit: an act for extending the time granted to John Fowler for running a ferry boat and a row boat or sail boat between the city of Mobile and the town of Blakely, by an act passed December 26th, 1822: an act relative to volunteer companies in the militia of this state and for other purposes: an act supplementary to the several acts now in force in relation to public weighers of cotton in the city of Mobile; joint resolution proposing amendments to the constitution of the United States: an act to reduce into one, the several acts giving fees to Justices of the peace and constables, 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.

Engrossed bill entitled an act to authorize the Governor to cause bonds taken for public arms to be renewed, and for the distribution of the pub-


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lic arms, was read a third time. Mr. Greening moved to amend the bill by way of engrossed ryder; which was carried: it was then passed. Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for concurrence.

Engrossed bill entitled an act to abolish and establish certain election precincts therein mentioned,was then taken from the table and 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 alter the time of holding the county court of Montgomery county, was taken from the table and passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

A message from the Senate by Mr. Lyon.

MR. SPEAKER:- The Senate have passed bills which originated in the House of Representatives entitled an act for the relief of Andrew O. Horn an act to authorize the election of an additional constable in the beat including the town of Claiborne: an act to appoint commissioners to lay out a road therein specified: an act for the relief of John Wood, and have amended the same in the manner herewith shewn: also an act giving additional powers to the commissioners for the superintending the erection of the state Capitol and compensating the superintendent; and have amended the same by  striking out “eight hundred dollars”- the sum allowed the architect for services heretofore performed- and inserting in lieu thereof the sum of “thirteen hundred dollars” in which amendment they respectfully ask your concurrence. The Senate adhere to their disagreement to the amendment made by your honorable body, to the bill entitled an act concerning the owners and keepers of mills and other water works by adding the proviso at the end of the first section thereof; and have appointed a committee on their part, consisting of Messrs Casey, Earle, and Jackson, to confer with such committee as may be appointed on the part of the House of Representatives on subject of said disagreement. They concur in the several amendments made by your honorable body to bill: entitled an act to authorize the  building a Jail in Marion county: an act concerning the registration of deeds and patents: an act to preserve the health of the inhabitants residing on Sinking creek, in Lauderdale county. The Senate insist on their disagreement to the amendment made by the House of Representatives, to the bill entitled “an act further to amend the charter of the Bank of the state of Alabama,” and have appointed a committee on their part, consisting of Messrs. Casey, Jackson, and Barton, to confer with such committee as may be appointed on the part of the House, on the subject of the disagreement between the two Houses in relation to said amendment. And then he withdrew.

Ordered that the House concur in the amendments made by the Senate to the bill entitled an act for the relief of John Wood, by striking out of of 3d and 4th lines of the 1st section, the words “in the office of the Secretary of state,” and insert “with the Trustees of the 3d Judicial circuit.” by striking out of the 5th line “Secretary of state” and insert “the trustees of the 3d Judicial circuit.”  Ordered that the House disagree to the amendments made by the Senate, to the bill entitled an act giving additional powers to the commissioners for superintending the erection of the state Capitol, and for compensating the superintendent, by striking out “eight hundred dollars,” (the sum allowed the architect for services heretofore performed,) and inserting in lieu thereof, the sum of “thirteen hundred dollars” Yeas 45- nays 7. The yeas and nays being desired, those who voted in the affirmative are,


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Messrs. Speaker Acklen Anderson Bradford Brown Broadnax Bridges Colgin Conner Cook Coopwood Craig Daniel Davis Dennis Durrett Duke Ellis Edmondson Forrest Harris Lawler Martin McVay of Laud. Massey McRae of Frank. Moore of mad. Perkins Price Rather Richardson Robertson Russell Sargent Sharp Smith of mad. Stone Tarver Terry Vaughan Walker Walthal Ward Weisinger and Wiggins - 45.

Those who voted in the negative are,

Messrs. Bonnell Collier Jack Kelly Ross Rainey Smith of Clarke- 7.

Ordered that Messrs. Bridges Martin Edmondson Bell and Robertson be appointed a committee on the part of this House, to act with the committee appointed on the part of the Senate to confer on the subject of the amendment made by this House, to the bill entitled an act concerning the owners and keepers of mills and other water works, by adding the proviso to the end of the 1st section thereof.  Ordered that Messrs. Weisinger, Moore of mad. Jack, Broadnax and Walthal be appointed a committee on the part of this House, to  act with the committee appointed on the part of the Senate to confer on the subject of the amendment made by the House to the bill entitled an act to amend the charter of the Bank of the state of Alabama.

Engrossed bill from the Senate entitled an act to amend an act entitled an act to divide the state into districts for electing Representatives to Congress, passed December 21st 1822, was read a first time and passed. Ordered that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bill entitled an act to amend the law in relation to original attachments, was read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bill entitled an act to make further compensation to John D. Terrell for services rendered in closing the unsettled accounts between this state and Mississippi was read a third time. Mr. Perkins moved to amend the bill by way of engrossed ryder; which was carried. Mr. McVay of Laud moved that the bill lie on the table till the first day of June next: which was carried. Yeas 32- nays 26. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Anderson, Bell, Bradford, Brown, Bonnell, Colgin, Conner, Cook, Craig, Daniel, Davis, Durrett, Edmondson, Forrest, Higgins, Lawler, Lewis, Martin, McVay of Laud. Massey, McRae of Frank. Moore of Jack. Moore of mad. Price, Rainey, Rather, Richardson, Robertson, Sharp, Smith of mad. Ward and Wiggins- 32.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Broadnax, Bridges, Collier, Coopwood, Duke, Ellis, Greening, Harris, Jack, Kelly, Perkins, Ross, Russell, Sargent, Smith of Clarke, Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal and Weisinger- 26.

Engrossed bill from the Senate entitled an act amendatory of the several acts heretofore passed in relation to the public revenue, was read a first time and the rule requiring bills &c. to be read on three several days being dispensed with, it was then read a second time forthwith. Mr. Ross moved to amend the bill by adding thereto an additional section; which was adopted and the rule being further dispensed with, it was then read a third time and laid on the table.

Engrossed bill entitled an act amendatory of the several laws now in force concerning auctioneers and sales at auction, was laid on the table.

Engrossed bill from the Senate entitled an act relative to the satisfaction of executions was read a third time and passed. Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

Engrossed bill entitled an act the better to designate free people of color, was laid on the table.

Engrossed bill entitled an act making appropriations for certain claims against the state was read a third time. Mr. Terry moved to amend the


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bill by way of engrossed ryder; which was carried. Mr. Ross moved to amend the bill by way of engrossed ryder: which was adopted. Mr. Cook moved to amend the bill by way of engrossed ryder; which was carried: the bill was then passed. Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

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 amend an act entitled an act to incorporate the town of Elyton in the county of Jefferson, passed December 20th, 1820: and an act for the relief of Wyatt Cheatham; which originated in the Senate: also an act to define the corporate limits of the town of Sparta, in Conecuh county, and for other purposes: and a joint resolution declaring the expiration of the office of the present trustees of the University of the state of Alabama; which originated in this House.

 A bill to be entitled an act providing for the payment of Solicitors, for prosecuting to conviction, slaves charged with capital offences. Mr. Terry moved to amend the bill by adding after the word “paid,” the words “out of the fund provided for the payment for slaves punished capitally;” which was carried. Mr. Greening moved to amend the bill by way of proviso; which was carried: it was then ordered to be engrossed for a third reading tomorrow.

A bill to be entitled an act making appropriations for the year 1828, was then taken up. Mr. Jack moved to amend the bill by way of section; which was laid on the table: the bill was then ordered to be engrossed for a third reading tomorrow.

Mr. Greening offered the following: Resolved that the entire report including the testimony of the select committee appointed to investigate the charges preferred against the honorable Abner S. Lipscomb by George F. Salle Esq.  he entered on the Journals of this House. Mr. Ross moved to amend the resolution by striking out all after the word resolved, with a view to insert the following: that the Journals and proceedings of the committee appointed by this House, to investigate the official conduct of the honorable Abner S. Lipscomb: and all the evidence introduced in said investigation, be considered as part of the Journals of the House, and be so published by the public Printer, in its proper place. The question was then put on the adoption of the resolution as amended and lost. Yeas 25- nays 29. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Bonnell, Colgin, Collier, Conner, Daniel, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, McRae of Frank. Moore of Jack. Moore of mad. Perkins, Rainey, Rather, Ross, Russell, Smith of mad. Stone, Vaughan, Walthal and Wiggins- 25

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Cook, Coopwood, Craig, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, McVay of Lau. Massey, Richardson, Robertson, Sargent, Sharp, Smith of Clarke, Terry, Walker, Ward, and Weisinger- 29.

On motion of Mr. Anderson, Resolved that with the concurrence of the Senate, the two Houses will on Friday the 11th instant, at half past six o'clock, assemble in the Representative Hall, for the purpose of going into the election of a President of the Bank of the state of Alabama, and twelve Directors for the present year. And then the House adjourned until tomorrow morning 9 o'clock.