MONDAY, January 14th, 1828.

The House met pursuant to adjournment.

Mr. Kelly obtained leave to introduce a bill to be entitled, an act to allow further time to the tax collector of Madison county, to collect and pay over the taxes of that county, for the year 1827, 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 considered as engrossed, and the rule requiring bills to be read on three sev-


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eral days being dispensed with it was then 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.

Mr. Lawler obtained leave to introduce a bill to be entitled, an act supplementary to an act, to establish the dividing line between the counties of Tuscaloosa and Bibb, according to the existing laws passed the present session, which was read a first time, and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a second time forthwith, and considered as engrossed, and the rule being further dispensed with, it was then read a third time forthwith and passed: Ordered that the title be as aforesaid: Ordered that the same be sent to the senate for their concurrence.

On motion of Mr. Weisinger: Resolved that a committee of three members be appointed to inquire for, and obtain certain title papers, making donations to the State of Alabama, of real property by the citizens of Tuskaloosa, and that they have power to send for persons and papers, and report to this House, the result of their inquiries, whereupon Messrs. Weisinger Moore of Mad. Moore of Jack. were appointed said committee.

Mr. Walker offered the following preamble and resolution, whereas in the spring of 1827, rumours were in circulation that the Tombeckbe Bank was in doubtful circumstances, and a failure of specie payment for its notes anticipated soon after the Mobile Bank refused to receive the notes for the Tombeckbe Bank, on general deposit, or in payment of its debts, and the notes of the Tombeckbe Bank, declared considerably below par; and the citizens generally refused to receive the paper of the Bank. Finding the credit of the bank failing, the President wrote letters to his friends, in different parts of the State, setting forth in strong terms, the sound condition of the bank and that no danger was to be apprehended in receiving the notes of the institution; these letters published in the several news papers of the State, and coming from so high authority and one having every opportunity of knowing the real situation of the bank, had the effect to establish confidence in the bank, and give to its paper circulation. It was again received not only by individuals, but in some of the Land Offices, at a time when the country had much of the paper of the bank in circulation, and just before the expiration of the law of the United States granting its munificence, to purchasers of public lands and while very many of the citizens were prepared with the paper of the bank, to pay for their lands, which were to constitute a home for their families the bank closed its vaults. The paper of the bank at once depreciated 40 or 50 per cent. Some weeks after the failure of the bank, say in the first of July, the officers of the bank published an expose of its funds, by which it appears that the bank had in possession cash notes on other solvent banks, and drafts to an amount more than sufficient to meet the demands against it. There appears then, no necessity for closing the vaults of the bank at the time it was done. Before the debtors of the bank could receive returns from their cotton to enable them to purchase the paper of the bank to pay their debts due that institution it transferred to the United States, a large amount of the notes of individuals, to pay a debt owing to the United States and thereby prevented the possibility of paying their notes in the paper of the bank a procedure never countenanced even by the Huntsville bank, in its days of deepest peculation and fraud.


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Be it therefore resolved, that we view with entire disapprobation, the management of the Tombeckbe bank, in giving to its paper a fictitious credit, throwing it upon the community, and then closing the vaults of the institution at a time better calculated than all others, to ruin the interest of the country, and when it was not called for by the condition of the bank. And be it further resolved,  that it was highly injurious to the community to transfer to the United States, the notes which individuals owed to the Tombeckbe bank, and thereby preventing the possibility of paying the paper of the bank. Mr. Greening moved that the resolution lie on the table which was carried.

Mr. Moore of Jack. obtained leave to introduce a joint resolution, to provide for the safe keeping of the State furniture, 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 considered as engrossed, and the rule being further dispensed with, it was then read a third time forthwith and passed: Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

A message was received from the Governor by James I. Thornton, which is as follows, to wit:

JANUARY 11, 1828.

MR. SPEAKER:- The Governor did, on the 11th instant, approve and sign the following bills: an act incorporating the town of Courtland, in the county of Lawrence: an act to amend an act incorporating the town of Huntsville: an act to authorize Josiah D. Lister, administrator of the estate of Charles Vivian deceased, to settle his accounts in the circuit court of Washington county, an act to extend to St. Clair and Shelby counties concurrent civil and criminal jurisdiction with Autauga county in the Creek Nation.

Joint resolution proposing amendments to the Constitution of the State of Alabama and on the 10th inst. 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 mentioned, an act to regulate the inspection of Tobacco in this State, an act, for the relief of Dugald McFarlane: Joint resolution to provide for the accommodations of the next General Assembly and on the 11th an act more effectually to prevent frauds and fraudulent conveyances and for other purposes, an act for the relief of Wyatt Cheatham and on the 12th inst. an act to define the corporate limits of the Town of Sparta in Conecuh county and for other purposes, an act to divorce James Pharr from Mary Pharr an act to authorize the County court of Jackson county to levy an extra tax, an act to authorize the election of a Justice of the peace in the town of Columbia in Shelby county, an act to apportion the Representatives among the several counties in this State and divide the State into Senatorial Districts according to the late census, an act to increase the Capital of the Bank of the State of Alabama and, a Joint resolution declaring the expiration of the office of the present Trustees of the University of the State of Alabama all of which originated in the House of Representatives.

Mr. Walker moved to take from the table the resolution introduced this day in relation to the Tombeckbe Bank which was lost. Yeas 15 Nays, 32.

The yeas and nays being desired. Those who voted in the affirmative are, Messrs Acklen Anderson Brown Colgin Coopwood Dennis Forrest


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Higgins Kelly McVay of Laud. Massey Moore of Jack. Moore of mad. Smith of Clark and Walker 15.

Those who voted in the negative are, messrs Speaker, Bell Bradford Broadnax Bonnell Collier Conner Cook Craig Daniel Davis Durrett, Edmondson Harris Jack Lawler Lewis Martin McVay of Laud. Perkins Rainey Ross Robertson Russell Sargent Sharp Smith of mad. Tarver Terry Walthal Ward and Wiggins, 32.

Mr. Collier, moved to spread the protest of some of the members who voted in the minority on the appeal from the decision of the Chair refusing to permit so much of the protest of Mr. Ross a member from Mobile as contained the letter of H. Hitchcock Esq. to be spread on the Journals which Mr. Speaker decided to be out of order from which decision Mr. Collier appealed.

Those who voted in sustaining the Speaker in the decision given are as follows: - messrs Acklen Anderson Bradford Brown Broadnax Colgin Conner Cook Coopwood Daniel Dennis Durrett Ellis Forrest Greening Higgins Jack Kelly Lawler McVay of Laud. McVay of Law. Massey Moore of Jack. Moore of mad. Price Rainey Richardson Russell Sargent Sharp Smith of Clark Smith of mad. Terry Vaughan Vining Walker Ward Weisinger and Wiggins, 39.

Those who voted in the negative are, messrs. Collier Craig Edmondson Harris Lewis Martin Perkins Ross Robertson Tarver and Walthal.

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 further to amend the Charter of the Bank of the State of Alabama which originated in the Senate and then the House adjourned untill this evening 2 o'clock.

EVENING SESSION, 2 o'clock.

The House met pursuant to adjournment.

Mr. Bell offered the following: - whereas it is believed that it is the policy of all governments to encourage economy and domestic industry. Therefore be it Resolved, by the House of Representatives that the Governor and members of the next General Assembly be requested to appear in clothing of domestic manufacture.

Mr. Kelly made the following report which was adopted: - The committee of conference appointed on the disagreement of the two Houses in relation to the bill concerning the satisfaction of executions growing out of the amendment of the House of Representatives and disagreed to by the Senate have met and taken the subject into consideration and have agreed to recommend to the two Houses that the said amendment be amended by inserting after the words Judgment creditors in the second section the words "in the courts of record in this State" and that the said amendment so amended be agreed to by the Senate. In which report the House concurred.

On motion of Mr. Kelly Resolved the opinions of the minority of the committee appointed to investigate the official conduct of Judge Lipscomb, as entered on the Journal of said committee, be considered as a part of the Journal of this House, and be published accordingly with the report of said committee.

A message from the Senate by Mr. Lyon.

Mr. Speaker, The Senate concur in the report of the committee of conference on the disagreement between the two Houses in relation to the amendment made by the House to the bill entitled, an act, relative to the


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satisfaction of executions. They concur in the amendment made by the House to the bill entitled, an act to authorize James Thompson and his associates to open a Turnpike road therein named. They also concur in the amendments made by the House to the bill entitled, an act to change the time of holding the county courts of Jefferson Henry and Dale counties. They disagree to the amendment made by the House to the bill entitled, an act defining the liability of endorsers. They have passed bills which originated in the House of Representatives entitled, an act providing for the payment of Solicitors for prosecuting to conviction Slaves charged with capital offences, an act to encourage the raising Volunteer companies in the county of Morgan.

An act, to amend an act entitled, an act respecting bail in civil cases passed 9th December 1823 and have amended the same by striking out the 2nd section, an act to provide compensation for a person to transcribe and arrange the records of the clerks office of the county court for the county of Dallas and have amended the same in the manner herewith shewn; also, Joint resolution to provide for the safe keeping of the State  House Furniture and have amended the same as herewith shewn. In which they desire your concurrence and then he withdrew.

Ordered, that the House adhere to their amendment to the bill entitled an act defining the liability of endorsers and for other purposes.

Mr. Smith, from the select committee to which was referred. A joint memorial to the Congress of the United States praying that the States admitted into the union since the last extension of the Federal Circuit System be admitted to a participation of its benefits. Reported that they have enquired of the clerk of the House for said memorial who informed them that said paper is not in his custody and that he knows nothing of the same. They therefore ask leave to be discharged from the consideration of said memorial and beg leave to report a memorial having in view the object therein contemplated.

Mr. Smith, moved to amend said memorial which was carried. It was then considered as engrossed and the rule requiring bills &c. to be read on three several days being dispensed with. It was then 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.

Ordered, that the House concur in the amendments made by the Senate to the bill entitled, an act to amend an act entitled, an act respecting bail in civil cases passed 9th December 1823 by striking out the 2nd section. Ordered, that the House concur in the amendments made by the Senate to the bill entitled, an act to provide compensation for a person to transcribe and arrange the records of the clerks office of the county court for the county of Dallas, by inserting the words “and Henry” whenever “Dallas” occurs in the bill immediately thereafter so as to make it read “Dallas and Henry counties” or the counties of Dallas and Henry.

Ordered that the House concur in the amendment made by the Senate to the joint resolution to provide for the safe keeping of the State House furniture by substituting another resolution in lieu thereof.

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 preserve the health of the inhabitants residing on sinking creek in Lauderdale county, an act amendatory of the several laws heretofore passed in relation to the public revenue, an act to authorize Mahala Far-


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rar to emancipate a mulatto woman slave named Patience and, an act to provide the clerks of the several counties in this State with copies of the Acts of the present and each subsequent Congress of the United States which originated in the Senate; also, an act, entitled an act concerning roads bridges and ferries in the county of Mobile, an act for the relief of John Wood, an act to amend the incorporating the town of Athens an act to provide for the establishment of the permanent seat of justice in the county of Walker, an act relative to the estates of Isaac Edwards late of Conecuh county deceased, an act to provide for keeping in repair a certain road therein mentioned, an act changing the time of holding the county courts in Greene and Perry counties, an act to amend in part and repeal in part an act to establish the town of Whitesburgh and incorporate its Trustees an act to establish a road from McMurrays old saw mill on the Shades Creek in Jefferson County to Charles Mundines in Shelby county, an act to amend an act to incorporate the town of Montgomery, an act declaring the effect of notarial protests, an act supplementary to the several acts now in force in relation to public weighers of Cotton in the City of Mobile, an act to authorize the sales of the 16th sections and for other purposes, an act to alter the time of holding the county court of Montgomery county, an act, concerning the duties of Clerks of the county courts and other officers, an act to incorporate the Hibernian benevolent society of Mobile, an act to amend and explain an act entitled an act to establish a seventh Judicial circuit, 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 incorporating the poplar spring Academy in Morgan county, an act to abolish and establish certain election precincts therein mentioned,an act relative to Volunteer companies in the militia of this State and for other purposes; an act, to alter the times for holding Company Courts Martial, an act to emancipate certain slaves therein named, an act to establish the 52d Regt. of Alabama Militia, an act for the relief of Robert H. Rose, an act, to emancipate certain persons therein named, an act to amend the 3d section of an act passed at the last Session of the Legislature to compensate the commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this State and Georgia, an act supplementary to an act entitled, an act to amend an act to establish the Bank of the State of Alabama approved December 20th 1823, an act to repeal in part an act passed March 1803 and reenacted with amendments February 1807, an act providing at what place lands and negroes taken in execution shall be sold in the county of Tuscaloosa, an act supplementary to an act entitled, an act to establish a road from Montevallo to Greensborough approved Jan'y 12th 1827, an act, for the relief of Joseph Owens, an act, for extending the time granted to John Fowler for running a steam ferry boat and a row boat or sail boat between the City of Mobile and the town of Blakely by an act passed December 24th 1822, an act to explain and amend the 9th section of an act passed December 13th 1819 entitled, an act to establish certain counties therein named and for other purposes therein mentioned.

An act to authorize the Judge of the county court and commissioners of roads and revenue to fill vacancies in certain cases, an act to provide for the preservation of the public arms, an act to authorize the Judge and commissioners of St. Clair county to levy a tax for the purpose therein mentioned, an act to incorporate Barker encampment of Knights


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Templar no. 1. an act to establish the dividing line between the counties of Tuscaloosa and Bibb according to the existing laws, an act to incorporate a Volunteer company under the name and style of Monroe Rifle company, an act to amend an act, to regulate the Licensing of Physicians to practice and for other purposes approved December 22d 1823, an act giving additional powers to the commissioners for superintending the erection of the State Capitol and for compensating the superintendent, an act to authorize the Governor to cause bond taken for public arms to be renewed and for the distribution of the public arms.

A joint resolution proposing amendments to the Constitution of the United States.

A joint resolution authorizing the Governor to order the quarter master general of this State to deliver a Field piece to the Artillery company at Claiborne and for other purposes.

A joint remonstrance to the Congress of the United States against the power assumed to protect certain branches of domestic industry at the expense of others and the policy of the measure.

A joint memorial to Congress on the subject of public lands. A joint memorial to the Congress of the United States asking permission for the Trustees of the University of Alabama to select other lands in lieu of those herein mentioned and A joint resolution instructing his Excellency the Governor to cause the remains of the late Israel Pickens, to be removed from the Island of Cuba to his late residence in Green County all of which originated in this House.

The joint committee elected to examine the State Bank and to whom the report to both Houses presented by said committee and was recommitted with instructions to revise that part of the report as relates to bad and doubtful debts report that they have had a meeting and no evidence being offered to cause a change in the opinion of the committee to the report first made it is reported back without amendment said report is as follows.

The Joint committee appointed by both branches of the General Assembly to examine the situation and condition of the Bank of the State of Alabama, respectfully report, that the paper annexed, marked (A) is an expose of the situation and condition of the Bank up to 21st December 1827, the time at which the examination of the books of the bank, so far as they are connected with the funds of the institution was completed.

The amount due the Bank on the 21st December 1827, on notes discounted to individuals, as will appear from statement (A) was five hundred and thirty five thousand five hundred and twenty dollars (535,520) By referring to the paper marked A and B, it will be seen that the condition of the Bank has greatly improved since the 21st December last. The Cashier's statement marked B shews the condition of the Bank up to the 5th instant. The amount of debts due the Bank on the 21st December last, as is above stated, was five hundred and thirty five thousand five hundred and twenty dollars (535,520) By referring to the paper marked B. these debts, on the 5th inst. amounted only to two hundred and eighty three thousand four hundred and forty four dollars (283,444) having been reduced by payments made since the 21st December last, two hundred and fifty two thousand and seventy six dollars (252,076:) while the available funds of the institution have been increased two hundred and fifty two thousand two hundred and ninety five dollars and sixty cents (252,290.60) by the purchase of Bills of Exchange and by the paper of the other Banks paid in and at the same time the circulating paper of this Bank has been diminished three thousand and twenty five dollars (3,025.)


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The committee think it proper here to submit a few remarks in relation to the means of the Bank to redeem its paper now in circulation. It will be seen by reference to the paper marked B, that the Bank is liable for the sum of six hundred and thirty thousand, two hundred and seventy four dollars, sixty and a half cents (630,274 60 1/2;) which sum is formed by the debts due to other Banks to individual depositors, and its own notes in circulation. The amount of each on hand, including specie notes of other solvent Banks, and Bills of Exchange, is seven hundred and thirty nine thousand two hundred and eighty dollars, twenty two and a half cents [739,280 22 1/2 ] leaving a surplus over the amount for which the Bank is liable of one hundred and eight thousand nine hundred and three dollars and sixty two cents [108,903 62] From this statement, it will be clearly seen first (?) the Bank is in possession of the means of meeting all demands which may come against it and of supply its vaults with the necessary quantity of specie.

Of the debts due from the Bank, the deposit account forms a considerable item- but on reference to the paper marked B it will be seen that out of the sum of one hundred and forty three thousand one hundred and ninety eight dollars and sixty and a half cents [143,198 60 1/2 ] the sum of thirty seven thousand and fifty eight dollars, eight five and a fourth cents [37 058 85 3/4) only is liable to be drawn by check on account of individuals; the balance of the deposit being to the credit of the Treasury, and consisting of the ordinary revenue- the funds of the University- the three per cent fund- and monies deposited by individuals are partial payments on notes due the Bank.

The committee have taken some pains to ascertain the situation of the debts due the Bank and from all the information they have been able to obtain, they are of the opinion that the amount of the debts which the Bank will probably lose, does not exceed four thousand & fifty dollars [4050;] and the debts which we consider at all doubtful, will not exceed thirteen thousand six hundred and seven dollars: fifty cents [13,697 50,] as will appear from the annexed statement marked C. Your committee would not do justice to themselves, were they not to express their satisfaction with the cautious and impartial manner in which the Board of Directors have discharged the trust reposed in the distribution of the funds of the institution, to the several counties applying for the same: all of which is respectfully submitted.

JOHN VINING, Chairman,

GEO: WEISINGER,

THO: CASEY, Chairman of the Senate.

JOS: B. EARLE,

JACK SHACKLEFORD.

In which report the House concurred: Ordered that two hundred copies thereof be printed for the use of this House.

Mr. Martin obtained leave to introduce a bill to be entitled, an act to alter the time of holding the county courts of Franklin county, which was read a first time, and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a second time forthwith, and referred to a select committee, whereupon Messrs. Forrest Martin and Collier were appointed said committee.

Mr. Lewis obtained leave to introduce a joint resolution, removing the injunction of secrecy imposed on the two Houses, in relation to the report of the joint committee in relation to the State Bank, 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 the rule being further dispensed with, it was then 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.

35


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Mr. Ross presented his protest, which was considered by the House as being out of order.

Mr. Greening then offered the following resolution: Resolved that the protest of Jack F. Ross, now presented against the decision of the majority of this House, refusing to spread on the Journals, a letter from Mr. Hitchcock in relation to the Tombeckbe Bank, shall not be spread on the Journals because the right to spread the same on the Journals, is not secured by the constitution; which was adopted, yeas 39- nays 13.

The yeas and nays being desired. Those who voted in the affirmative are,

Messrs Speaker Acklen Anderson Bradford Brown Broadnax Colgin Conner Coopwood Daniel Davis Dennis Durrett Ellis Forrest Greening Higgins Jack Kelly McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of Jack. Moore of mad. Paulding Price Rainey Rather Richardson Russell Robertson Sargent Smith of mad. Vaughan Vining Walker Ward Weisinger and Wiggins, 39.

Those who voted in the negative are,

Messrs. Collier Edmondson Harris Lewis Martin Perkins Ross Robertson Sharp Stone Tarver Terry and Walthal, 13.

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 encourage the raising volunteer companies in the county of Morgan; an act providing for the payment of Solicitors for prosecuting to conviction slaves charged with capital offences, and an act for the benefit of the estate of Daniel Davis deceased, late of Monroe county, all of which originated in this House.

Mr. Forrest from the select committee to which was referred a bill to be entitled, an act supplementary and explanatory of an act to establish a seventh judicial circuit and for other purposes, reported the same with the following amendments, by striking out all the first section of the bill, except the enacting clause; also by striking out the words "be it further enacted," at the commencement of the second section of the bill; the committee have also amended the caption of the bill as herewith shewn, in which amendments the House concurred; the bill was considered as engrossed, and the rule requiring bills to be read on three several days being dispensed with, it was then 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.

On motion of Mr. Rainey, resolved that a committee be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to wait on His Excellency the Governor, and to inform him that the two Houses of the General Assembly, will be ready to adjourn Sine die, on this evening or tomorrow, if he has no further communications to make them whereupon Messrs. Rainey Moore mad. and Rather, were appointed said committee.

Mr. Ross offered the following preamble and resolution: whereas the House of Representatives have refused to give publicity through their journals, to the evidence in the matter of the investigation of the official conduce of the Hon. Abner S. Lipscomb, predicated on charges preferred against him by George F. Salle: Therefore be it resolved, that the Hon. Abner S. Lipscomb be, and he is hereby authorized to obtain certified copies of the evidence, documents, and proceedings in relation to said investigation into his official conduct, and that he be authorized to pub-


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lish the same, if he should think proper to do so at his own expense. Mr. Coopwood moved to amend the resolution by striking out the preamble and the word “therefore,” which was lost: it was then adopted.

Ordered that Mr. Stone have leave of absence after tomorrow morning.

Mr. Terry moved to reconsider the vote taken on the adoption of Mr. Weisinger's resolution, introduced on Saturday last, in relation to the Speakers certifying the pay of members, which was carried; it was then laid on the table.

Engrossed bill from the Senate entitled, an act for the relief of Richard Corre, John Duncan Jr. & Henry Center was read a third time & passed.

Ordered, that the Clerk acquaint the Senate therewith.

NIGHT SESSION 7, O'CLOCK.

The House met pursuant to adjournment.

Mr. Brown offered the following resolution: Resolved That the thanks of this House are due to the Hon. Samuel W. Oliver for the able impartial and dignified manner in which he has presided over its deliberation and performed the arduous and important duties of the chair during the present session of the Legislature which was adopted.

Ordered, that the House concur in the amendment made by the Senate to the bill entitled, an act to revive in part a certain act therein specified by striking out all after the enacting clause and substituting an amendment in lieu thereof.- Yeas 30, Nays 23.

The Yeas and nays being desired, those who voted in the affirmative are,

Messrs Bell Bradford Bonnell Conner Cook Coopwood Daniel Dennis Duke Edmondson Harris Lawler Martin McVay of Laud. McVay of Law. McRae of Frank. Moore of mad. Rainey Rather Robertson Russell Sargent Sharp Smith of mad. Terry Vining Walker Ward Weisinger and Wiggins - 30.

Those who voted in the negative are,

Messrs. Acklen Anderson Brown Broadnax Colgin Collier Davis Durrett Ellis Greening Higgins Jack Kelly Lewis Massey Moore of Jack. Paulding Perkins Price Richardson Ross Vaughan Walthal- 23.

Ordered that the clerk acquaint the Senate therewith.

A message from the Senate by Mr. Lyon.

MR. SPEAKER- The Senate adhere to their disagreement to the amendment made by the House of Representatives to the bill entitled an act defining the liability of endorsers; and have appointed a committee on their part consisting of Messrs. Crabb Earle and Jones, to confer with such committee as may be appointed by the House on the subject of said amendment. They have passed bills &c. which originated in the House of Representatives, entitled an act to provide for the payment of certain expenses therein mentioned: joint resolution to remove the injunction of secrecy imposed on the two Houses, in relation to the report of the joint committee on the state Bank: an act to allow further time to the tax collector of Madison county to collect and pay over the taxes of that county for the year 1827: an act making appropriations for the year 1823; and have amended the same by striking out "eight hundred;" the amount appropriated to the state Architect and inserting "one thousand:" in which they ask your concurrence: also report and joint resolutions in relation to the boundary line between this state and Georgia: joint remonstrance on the subject of instructions lately given from the Treasury Department relative to the funds receivable for public lands: a  joint resolution to authorize the erection of the state Capitol in Broad street: an act prescribing the mode of ascertaining the sense of the citizens of this state, on the proposed amendment to the constitution of this state, limiting


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the tenure of the Judges to seven years: an act explanatory of the 11th and 24th sections of an act to reduce into one the several acts concerning roads, bridges; ferries, and highways, approved Jan. 12th 1827; an act for the relief of Charles Pearson, tax collector of Lawrence county; and have amended the same in the manner herewith shewn: in which they desire your concurrence: also an act to divorce Jane Gholson from her husband John Gholson. They have adopted the following resolution in which they desire your concurrence; Resolved that a committee be appointed on the part of the House of Representatives to wait on His Excellency the Governor, and inform him that the two Houses have gone through the business before them, and will be ready to adjourn sine die on Tuesday the 15th instant- if his Excellency has no further communications to make: they have appointed on their part, Messrs Casey and Hubbard: They have passed a bill which originated in the House of Representatives, entitled an act making appropriations for certain claims against the state, and have made thereto sundry amendments: in which they desire your concurrence. And then he withdrew.

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 change the times of holding the county courts of Jefferson, Henry and Dale counties: an act the better to regulate Judicial proceedings: an act to amend act entitled an act to incorporate the school commissioners of the 4th township and 8th range west from Huntsville, and for other purposes: an act regulating the duties of attorneys at law, and for other purposes, an act authorizing a lottery for the purpose of building an academy and court house in the county of Henry: an act to provide for reports of the decisions of the supreme court; an act concerning the owners and keepers of mills and other water works in Limestone county: an act concerning the registration of deeds and patents: an act to authorize the building of a Jail in Morgan county: an act to authorize John Smith of Jefferson county to emancipate a certain slave therein named: an act for the further relief of securities: an act to provide for the speedy collection of debts due to the Bank of the state of Alabama in certain cases: an act to incorporate the Franklin Academy, in the town of Russellville, Franklin county: an act to authorize James Thompson and his associates to open  a turnpike road therein named: an act regulating Judicial proceedings and a joint resolution authorizing a further investment of University funds: all of which originated in the Senate.

Mr. Weisinger from the select committee to which was referred a resolution instructing them to inquire for, and obtain certain title papers to real estate, executed by the citizens of Tuscaloosa to the state of Alabama, with power &c. Reported that James I. Thornton Secretary of State being called states that the said papers were taken from his possession by resolutions of the last session of the Legislature, since which time he knows nothing of their disposition; though he has made different examinations with much solicitude amongst the papers of the last session of both Houses of the General Assembly: James H. Dearing being called on states that he knows nothing of the said papers; Hardin Perkins states that he recollects of having two of them in his possession, at the last session of the Legislature, which he handed to Leven Powell, a member of the Senate for the use of the Senate, after which time he made particular examination, amongst the clerks papers of the last session: Leven Powell states that he recollects of receiving two of said papers from Hardin Perkins, and that he returned them to the House, or some member shortly af-


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terwards: John L. Tindall states that he has no knowledge of the papers since they were taken from the office of the Secretary. Your committee very much regret that they are not, after diligent inquiry, able to obtain any satisfactory information concerning said papers; they therefore ask leave to be discharged from the further consideration of the subject, and to recommend to the House the adoption of the following resolution: Resolved that the Secretary of State and comptroller be directed to use every exertion to ascertain in what manner, the papers referred to, have been withdrawn, and where they may be found, and to report the result of their inquiries to this House, at the next session of the General Assembly; which resolution was adopted by the House, and report concurred in.

Mr. McRae of Frank. obtained leave to introduce a bill to be entitled, an act to amend an act concerning the town of Tuscumbia, 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, it was then considered as engrossed and the rule being further dispensed with, it was then read a third time forthwith and passed: Ordered that the title be as aforesaid: Ordered that the same be sent to the Senate for their concurrence.

Ordered that the House concur in the amendment made by the Senate to the bill entitled, an act making appropriations for the year 1818, by striking out “eight hundred dollars,” and inserting “one thousand dollars,” the allowance to the state Architect; ordered that the House concur in the amendments made by the Senate to the bill entitled, an act for the relief of Charles Pearson tax collector of Lawrence county, by adding thereto a proviso at the end of the bill: ordered that the House concur in the resolution of the Senate, proposing to adjourn sine die this day; ordered that the House concur in the amendments made by the Senate to the bill entitled, an act making appropriations for certain claims against the State: they disagree to the amendments made by the Senate to said bill in relation to the allowance to John Buckham; they disagree as to the allowance of C. Sharp; they disagree as to the amendment made to said bill, in relation to the allowance made to Thomas Davis, it was then referred to the committee on accounts. Mr. Ross moved to add a member to the committee on accounts.

Mr. Greening was then added to the committee on accounts; Ordered, that Mr. Jack be added to the committee on accounts.

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, respecting bail in civil cases passed 9th December 1823 an act to provide compensation for a person to transcribe and arrange the records of the Clerks office, of the county court for the counties of Dallas and Henry; and a joint resolution concerning the furniture of both Houses of the General Assembly, all of which originated in this House.

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 to amend the law in relation to original attachments; an act better to provide for the trial of the right of property, and for other purposes; and an act to amend an act entitled an act, concerning the town of Tuscumbia.

I am directed by the Senate to inform your Honorable body that they will be ready to adjourn Sine Die on tomorrow at 11 o'clock which was


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laid on the table. And then the House adjourned until tomorrow morning half past 3 o'clock.