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WEDNESDAY, January 2d, 1828.

The House met pursuant to adjournment.

Mr. Bridges from the select committee to whom was referred the petition of John Davis administrator of the estates of Abel Davis and Daniel Davis deceased, reported a bill to be entitled, an act for the benefit of the estate of Daniel Davis deceased, which was read a first time and ordered to be read a second time on tomorrow.

Mr. Jack obtained leave to introduce a bill to be entitled, an act to repeal an act therein named, which was read a first time and ordered to be read a second time on tomorrow.

Mr. Moore of Jack. obtained leave to introduce a joint resolution to authorize the erection of the state capitol in main street, which was read a first time. Mr. Brown moved that the resolution lie on the table till the 1st day of June next, which was lost: it was then ordered to be read a second time on tomorrow.

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

Mr. Walker obtained leave to introduce a bill to be 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, which was read a first time and ordered to be read a second time on to-morrow.

Mr. Greening from the Judiciary committee to whom was referred the petition of sundry citizens of St. Clair county praying relief for Samuel Butler of said county, reported a bill to be entitled, an act for the relief of Samuel Butler,  which was read a first time and ordered to be read a second time on tomorrow.

Mr. Greening from the judiciary committee to whom was referred a resolution of the House instructing them to inquire into the expediency of requiring the Judges of the county courts to renew their bonds once to three years reported a bill to be entitled, an act to require the Judges of the county courts to renew their bonds, which was read a first time and ordered to be read a second time on tomorrow.

Mr. Ellis from the committee on enrolled bills: Reported they had examined and found correctly enrolled, bills of the following titles; to wit, an act relative to the duties of grand juries, an act to incorporate the Sommerville Philomathean Society, which originated in the Senate, also an act concerning the estates of deceased persons, which originated in the House.

Mr. Greening from the judiciary committee to which was referred a bill to be entitled, an act to declare void a certain rule of the supreme court: Reported the same without amendment, it was then ordered to be engrossed for a third reading tomorrow.

Mr. Greening from the judiciary committee to which was referred the petition of sundry inhabitants of Dale county, praying that a law may be enacted providing for the organization of Dale county, ask leave to be discharged from the further consideration of the same, which was granted.

Mr. Greening from the judiciary committee to whom was referred a bill to be entitled, an act to authorize Wyatt Harper administrator of William Bates deceased, to sell and convey real estate: Reported the same without amendment, it was then read a second time and ordered to be engrossed for a third reading on tomorrow.

Mr. Greening from the judiciary committee to whom was referred the bill from the Senate to be entitled, an act for the further relief of secu-


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cities, reported the bill without amendment: it was read a second time and ordered to be read a third time on tomorrow.

Mr. Greening from the judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of amending and consolidating the laws in relation to attachments: Reported a bill to be entitled, an act to amend the law in relation to original attachments, which was read a first time and ordered to be read a second time on to-morrow.

Mr. Greening from the judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of amending the limitation laws, so as to extend the time in which suits might be commenced on open accounts: reported that it is inexpedient to legislate on the subject, in which report the House concurred.

Mr. Greening from the judiciary committee to whom was referred a bill from the Senate to be entitled, an act more effectually to prevent frauds and fraudulent conveyances and for other purposes: reported the same without amendment. Mr. Collier moved to amend the bill by adding thereto an additional section,  which was carried. Mr. Moore of Jack. moved to amend the same by adding thereto an additional section, which was carried; it was then ordered to be read a third time on to-morrow.

A message from the Senate by Mr. Lyon.

MR. SPEAKER, The Senate have passed bills which originated in their House entitled an act for the relief of Wyatt Cheatham, an act to declare Canoe Creek in St. Clair county a public highway; an act regulating the duties of Attorneys at law and for other purposes; an act to amend an 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 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; an act for the appointment of an Engineer to make a survey and estimate of the expense of opening the Muscle Shoals in the Tennessee river.

Joint resolution in relation to University lands; and a memorial to the Congress of the United States, praying a donation of the relinquished and unsold lands, lying in the Huntsville land district for the improvement of the navigation of the Tennessee river, in Alabama; in all of which they desire your concurrence; they have also passed bills which originated in the House Representatives; entitled, an act to amend an act entitled an act to incorporate the town of Mooresville, and for other purposes; passed 16th November, 1818.

A joint resolution in relation to an exchange of sixteenth sections, an act to authorize the raising of three thousand dollars for the purpose of building a bridge across Shoal Creek, 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.

Joint resolution in relation to the Cherokee boundary, an act for the relief of William Jones of Walker county, and have amended the same in the manner herewith shewn; and also, 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, and have amended the same by striking out the word “two;” where the bill allows Butler county two Representatives, and by inserting “one,” and by amending the bill so as to allow Wilcox county two Representatives instead of one, and by making the Sheriff of Fayette county the returning officer of the district in which he resides, instead of the Sheriff of Pickens, and by adding an additional section to the bill; in all of which amendments they desire your concurrence: and then he withdrew.


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Mr. Greening from the judiciary committee to whom was referred a bill to be entitled, an act to provide for reports of the decisions of the Supreme court: Reported the same with the following amendments; in the eleventh line of the first section, strike out the words “twelve months,” and insert “two years,” in the last line of the same section, strike out “five,” and insert “six,” in the 5th line of the 2d section after the word country, insert the words “as the said court may direct,” in the 10th and 11th lines of the 2d section strike out the words “twelve months,” and insert ‘two years’ and in the last line of the same section strike out ‘five’ and insert "six,” they have also amended the same by an additional section; in which amendments the House concurred; it was then ordered to be read a third time on tomorrow.

Mr. Greening from the judiciary committee to whom was referred a bill to be entitled, an act to establish the principles of decision in certain cases in law and equity: reported the same with the following amendment; strike out all after the third line in the third section, which was carried; it was then read a second time. Mr. Kelly moved to amend the bill by adding thereto an additional section, which was carried. Mr. Colgin moved that the further consideration of the bill be indefinitely postponed, which was lost. Mr. Kelly moved to strike out so much of the bill as relates to the statutes of limitations, which was carried. Mr. Kelly moved to strike out the 9th section, which was carried. Mr. Collier then moved to strike out the 21 section of the bill, which was lost, yeas 12 nays 48.

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

Mr. Clark Colgin Collier Davis Ellis Moore of Jack. Perkins Rainey Rather Ross Smith of mad. Stone 12.

Those who voted in the negative are,

Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bridges Bonnell Conner Cook Coopwood Craig Daniel Dennis Durrett Edmondson Forrest Greening Harris Higgins Jack Kelly Lawler Martin McVay of Laud. McVay of Law. Massey McRae of mon. McRae of Frank. Moore of mad. Paulding Price Richardson Robertson Russell Sargent Sharp Smith of Clark Tarver Terry Vaughan Vining Walker Walthal Ward Weisinger Wiggins 48.

Mr. Collier then moved to strike out the 4th section, which was lost, yeas 13- nays 47.

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

Mr. Clark Colgin Collier Davis Ellis Harris Martin Perkins Rainey Rather Ross Smith of mad. Stone 13.

Those who voted in the negative are,

Mr. Speaker Acklen Anderson Bradford Brown Broadnax Bridges Bonnell Conner Cook Coopwood Craig Daniel Dennis Durrett Duke Edmondson Forrest Greening Higgins Jack Kelly Lawler McVay of Laud. McVay of Law. Massey McRae of mon. McRae of Frank. Moore of Jack.  Moore of mad. Paulding Price Richardson Robertson Russell Sargent Sharp Smith of Clark Tarver Terry Vaughan Vining Walker Walthal Ward Weisinger Wiggins 47.

Mr. Collier moved to amend the bill by striking out the 6th section which was lost, yeas 12- nays 46.

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

Mr. Clark Colgin Collier Daniel Davis Ellis Perkins Rainey Rather Ross Smith of mad. Stone, 12.

Those who voted in the negative are,

Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bridges Cook Coopwood Craig Dennis Durrett Duke Edmondson Forrest Greening


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Harris Higgins Jack Kelly Lawler Martin McVay of Laud. Massey McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Paulding Price Richardson Robertson Russell Sargent Sharp Smith of Clark Tarver Terry Vaughan Vining Walker Walthal Ward Weisinger and Wiggins, 46.

Mr. Collier moved to strike out the 7th section, which was lost, the bill was then ordered to be engrossed for a third reading on tomorrow.

Mr. Ross from the committee on accounts to whom was referred the account of John Woods, claiming compensation for furnishing a guard for the safe keeping of Thomas Asher charged with Horse stealing, reported that said claim is payable out of the County and not the State Treasury and ask leave to be discharged from the further consideration thereof  which was granted.

Mr. Ross from the committee on accounts to whom was referred the account of Martin Wells, claiming compensation for attendance on Washington Court as a State witness, reported that said claim is not payable out of the State Treasury, and ask leave to be discharged from the further consideration of the same, which was granted.

Mr. Ross from the committee on accounts to whom was referred the account of John Gillis jailor of Conecuh county, reported that there is no evidence what the prisoners were confined for, nor that the owners of the slaves charged for were unable to pay prison charges, and ask leave to be discharged from the further consideration thereof, which was granted.

Ordered that the House concur in the amendments made by the Senate to the bill entitled, an act for the relief of William Jones of Walker county, by adding to the caption of the bill the words “and the descendants of Joseph Elliott of Jackson county,” and also by adding thereto an additional section, No.3. Ordered that the House concur in the amendments made by the Senate to the bill to be entitled, 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 as follows, to wit. first section 22d line first word striken out to wit. “one” and the word “two” inserted, in the 24th line after the word “Butler” strike out “two” and insert “one” in lieu thereof, yeas 30- nays 26.

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

Mr. Acklen Anderson Bell Bradford Brown Bridges Clark Coopwood Daniel Duke Ellis Forrest Harris Kelly Lawler McVay of Law. Massey McRae of mon. McRae of Frank. Moore Jack Price Rather Sargent Smith of Clark Smith of mad. Terry Walker Walthal Weisinger and Wiggins 30.

Those who voted in the negative are

Mr. Speaker Bonnell Collier Conner Cook Davis Dennis Durrett Edmondson Greening Higgins Jack Lewis Martin McVay of Laud. Moore of mad. Perkins Rainey Richardson Ross Robertson Stone Tarver Vaughan Vining Ward 26.

The House concur in the amendment to the 3d section and 3d line, which is as follows; strike out the word “Pickens” and insert “Fayette.” The House disagree to the amendment made to the bill by adding thereto an additional section, No. 4. Yeas 37- nays 22.

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

Mr. Speaker Acklen Anderson Bradford Brown Bridges Bonnell Clark Conner Coopwood Craig Daniel Davis Dennis Durrett Duke Forrrest Kelly Lawler McVay of Laud. McVay of Law. Massey McRae of mon McRae of Frank. Moore of Jack. Moore of mad. Rather Richardson Sargent Sharp Smith of mad. Vaughan Vining Walker Ward Weisinger and Wiggins, 37.


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Those who voted in the negative are,

Mr. Bell Broadnax Colgin Collier Cook Ellis Edmondson Greening Harris Higgins Jack Lewis Martin Perkins Rainey Ross Robertson Smith of Clark Stone Tarver Terry Walthal 22.

Ordered that Mr. McRae of mon. have leave of absence for the remainder of the session.

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

JANUARY 2d, 1828.

Mr. Speaker- The Governor did on the 31st December last, approve and sign the following bills, to wit: an act to fix and establish the dividing line between the counties of Tuscaloosa and Jefferson, by visible and marked boundaries, an act to emancipate a certain slave therein named, an act to repeal in part an act passed 27th December 1814, an act to authorize the county court of Butler county to make further sales of lots in Greenville, an act to authorize the administrator of Daniel Mitchel to make and receive assurances of title to certain estate, and an act to amend a certain act therein mentioned, all of which originated in the House of Representatives; and then he withdrew. 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.

A message from the Senate by Mr. Crabb.

Mr. Speaker- I am instructed to inform you that the Senate have read three several times and passed a bill which originated with your honorable body over which you preside, entitled an act for the relief of Caswell R. Clifton tax collector of Madison county, and have amended the same in the manner herewith shewn; and then he withdrew. Ordered that the House concur in the amendments to said bill, by adding thereto an additional section.

Engrossed bill from the Senate entitled, an act to form a seventh judicial circuit, was then taken from the table and read a second time. Mr. Jack moved to amend the bill by adding thereto an additional section, which was carried: and the question being put, shall this bill be read a third time tomorrow? it was determined in the affirmative. Yeas 40-nays 16.

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

Mr. Speaker Acklen Anderson Bell Bradford Broadnax Bridges Collier Conner Coopwood Daniel Davis Dennis Forrest Higgins Jack Kelly Lawler Martin McVay of Law. Massey McRae of Frank. Moore of Jack. Moore of mad. Paulding Perkins Price Rather Richardson Ross Russel Sargent Sharp Smith of mad. Stone Terry Vaughan Vining Walthal Ward, 40.

Those who voted in the negative are,

Mr. Brown Bonnel Clark Colgin Craig Durrett Duke Greening Harris McVay of Laud. Rainey Robertson Tarver Walker Weisinger and Wiggins, 16.

Engrossed joint resolution, proposing amendments to the Constitution of the State of Alabama was then taken from the table, and the question being put on concurring with the amendments made by the Senate, by striking out the ryder adopted by the House, and substituting two other members to the resolution in lieu thereof it was determined in the affirmative yeas 50- nays 8.

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

Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bridges


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Bonnell Clark Colgin Collier Conner Cook Coopwood Daniel Davis Dennis Forrest Greening Harris Higgins Jack Kelly Lawler Lewis McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of Jack. Paulding Perkins Rainey Richardson Robertson Russell Sargent Sharp Smith of C. Smith of mad. Stone Tarver Terry Vaughan Vining Walthal Ward Weisinger and Wiggins, 50.

Those who voted in the negative are,

Mr. Craig Durrett Martin McRae of mon. Moore of mad. Price Rather Ross, 8.

A bill to be entitled an act for the relief of William M. Marr. Mr. Weisinger moved that the further consideration of the bill be indefinitely postponed, which was carried, yeas 32- nays 27.

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

Mr. Speaker Anderson Bell Bradford Brown Clark Colgin Conner Coopwood Duke Ellis Forrest Greening Lawler McVay of Laud. McVay of Law. Massey Moore of mad. Paulding Price Rainey Rather Ross Robertson Sargent Sharp Smith of mad. Terry Vaughan Vining Weisinger and Wiggins, 32.

Those who voted in the negative are,

Mr. Acklen Broadnax Bridges Bonnell Collier Cook Craig Daniel Davis Dennis Durrett Harris Higgins Jack Kelly Lewis Martin McRae of Frank. Moore of Jack. Perkins Richardson Russell Smith of C. Stone Tarver Walthal Ward, 27.

Engrossed bill to be entitled an act to authorize William Hynes to sell and convey a certain tract of land therein named, 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.

Mr. Moore of Jack. obtained leave to introduce a bill to be entitled, an act to amend the several acts to suppress the evil practice of dueling which was read a first time, and the question being put, shall this bill be read a second time, it was determined in the negative.

Mr. Weisinger moved to take from the table the report of the Bank committee, on the subject of building a Banking House which was carried, yeas 50- nays 8.

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 Coopwood Craig Daniel Davis Dennis Durrett Duke Ellis Harris Jack Kelly Lewis McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of Jack. Moore of mad. Paulding Perkins Price Rainey Rather Richardson Ross Robertson Russell Sargent Sharp Smith of C. Tarver Vaughan Vining Ward Weisinger and Wiggins 50.

Those who voted in the negative are,

Mr. Forrest Greening Higgins Lawler Smith of mad. Stone Terry Walthal, 8.

Mr. Weisinger then moved that the House concur in said report, which was carried, yeas 42- nays 15.

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

Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bridges Bonnell Conner Cook Craig Davis Dennis Durrett Duke Forrest


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Greening Higgins Kelly Lewis Martin McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of mad. Price Rather Robertson Sargent Sharp Smith of C. Smith of mad. Stone Tarver Terry Vaughan Walthal Ward Weisinger and Wiggins, 42.

Those who voted in the negative are,

Mr. Clark Collier Coopwood Daniel Ellis Harris Jack Lawler Moore of Jack. Perkins Rainey Richardson Ross Russell Vining. And then the House adjourned until tomorrow morning 9 o'clock.