THURSDAY, January 3, 1828.

The House met pursuant to adjournment.

Mr. Kelly from the judiciary committee to which was referred a bill from the Senate entitled “an act relative to the satisfaction of executions Reported the same with an amendment by striking out all after the enacting clause, and substituting three other sections in lieu thereof; which amendments were concurred in by the House; the bill was then read a second time and ordered to be read a third time tomorrow.

Mr. Kelly from the Judiciary committee to which was referred a bill to be entitled “ an act to provide for taking depositions in certain cases.” Reported the bill with the following amendment: by striking out the preamble and also the whole of the bill after the enacting clause, and substituting two other sections in lieu thereof; in which amendment the House concurred. Yeas 43- 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, Collier, Conner, Cook, Davis, Dennis, Durrett, Duke, Ellis, Harris, Higgins, Jack, Kelly, Lawler, Martin, Massey, McRae of Frank. Moore of Jack. Paulding, Perkins, Price, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Smith of Clarke, Tarver, Terry, Vaughan, Walthal, Ward, Weisinger, Wiggins- 43.

Those who voted in the negative are,

Mr. Clark Colgin Coopwood Craig Daniel Edmondson Forrest McVay of Laud. McVay of Law. Rainey Ross Smith of mad. Stone Vining, Walker.

Mr. Harris then moved to amend the amendment by adding after the word “attorneys,” the words “ordained ministers of the gospel for every denomination;” which was carried: the bill was then read a second time as amended, and ordered to be engrossed for a third reading tomorrow.

Mr. Ellis from the committee on enrolled bills, Reported that they had examined and found correctly enrolled, bills of the following titles, to wit: an act in relation to a certain fund therein named: an act to amend an act entitled an act to incorporate the town of Mooresville and for other purposes, passed the 14th day of November, 1818: an act to divorce Winney Gaines from her husband Francis T. Gaines: an act to authorize James Mahan, William Lovelady, John Gardner, and Ransom Davis, to enter a certain quantity of University land for the purposes therein mentioned joint resolutions in relation to an exchange of sixteenth sections: and an act altering the punishment of forgery and counterfeiting in certain cases.

Mr. Daniel from the Judiciary committee to whom was referred a bill to be entitled “an act to reduce into one the several acts giving fees to Justices of the peace and Constables,” Reported the bill with an amendment by striking out all after the enacting clause, and by substituting an amendment in lieu thereof: in which amendment the House concurred. Mr. Martin moved to amend the 2d section with the following, “for no-


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tice to Constables, for failing to return an execution, or for having failed to pay over money and entering judgment, 50 cents” which was carried. Mr. Martin moved to amend the 3d section with the following: “and for making the money thereon by sale of property 50 cents.” Mr. Rather then moved that the bill lie on the table till the first day of March next: which was lost. Yeas 13- nays 44. Those who voted in the affirmative are,

Messrs. Clark Coopwood Duke Forrest Greening Higgins Jack McRae of Frank. Rather Richardson Ross Russell Sargent- 13.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Ellis, Edmondson, Harris, Kelly, McVay of Laud. McVay of Law. Massey, Moore of mad. Paulding, Perkins, Price, Rainey, Robertson, Sharp, Smith of Clarke, Smith of mad. Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger and Wiggins- 44.

Mr. Coopwood moved that the bill lie on the table until three o'clock this evening; which was lost. Mr. Coopwood moved further to amend the bill by striking out the word “twenty five cents” for issuing execution; which was lost: it was then ordered to be engrossed for a third reading on tomorrow.

Mr. Vining from the select committee to which was referred a resolution proposing amendments to the constitution of the United States in relation to the election of President and Vice President of the United States Reported the same with the following amendment: strike out all after the word “as” on the second page except the last section, and by substituting an amendment in lieu thereof: In which report the House concurred and the amendment adopted by the House. It was then read a second time and ordered to be engrossed for a third reading on tomorrow.

A message from the Governor by James I. Thornton, which he handed in at the Speaker's chair, and then he withdrew. Said message is as follows:

EXECUTIVE DEPARTMENT, January 2, 1828.

To the Honerable the Senate, and House of Representatives,

GENTLEMEN,

I feel it my duty to present to your consideration the instructions which have been given from the Treasury Department of the United states to the land offices in this state Under these instructions no money is to be received in payment for the purchase of public lands, unless bills of the Bank of the United states- Bills of the specie paying banks of this state, or specie itself; and it is recommended to those who intend to become purchasers of public land, to provide themselves with a specie or bills of the bank of the U. states, as it is intimated that even the bills of the banks of this state may be refused at the offices without giving previous notice of intention to refuse them.

It may not be easy to perceive the good and public reason which induced these instructions, but it cannot escape observation what effects will be produced on several important interests, which it is the duty of this state, and also of the Government of the United states, to cherish and preserve- The practical consequence will be to drive from the land market as well as bills of the banks of this state, which are placed in an attitude so doubtful, as the bills of the banks of other states, which are expressly prohibited- both the one and the other must be productive or injurious consequences to this state as a body politic, and to its present population as the purchasers of public land~~ It is highly desirable that good and industrious citizens of other states men of capital~~ and men at least able to purchase a residence on which to raise and support numerous families, should be encouraged to settle among us, increase our strength and resources, and render more compact our present sparse population.

The instructions will prove inconvenient and injurious to them as it may be difficult to procure the funds recommended or if they can be procured it will be attended with loss in the exchange many persons from other states will not hear of these regulations until they arrive at the land sales and those who have previously secured the suitable funds will have an undue influence in the sales or be enabled to part with their funds at an exorbitant


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advance. This will also be the case with many of our own citizens notwithstanding publication of the instructions and they will be reduced to the necessity of purchasing at second hand from others or be obliged to part with a portion of the money with which they intended to purchase a home.

It may be well asked for what good reason should money be rejected in this state which the United states received as good elsewhere in the payment of all public dues and the more especially as there is a branch of the bank of the United states established among us through whose agency it might easily be transmitted to any place if it should not receive a ready circulation here and even if the bank should sustain some slight inconvenience it is amply compensated by the patronage of the government and should not be permitted to countervail the rights and interests of the purchasers of public lands. These instructions will prove injurious to the people of this state who are frequently obliged to receive in part for their produce the money of other states such as Lousiana New York Georgia south-Carolina Virginia, &c. They will be subjected to an unknown per cent in order to make the exchange a burden, which ought not to be thrown upon them by the Treasury of the United states. The difficulty of making the exchange of funds may lead to any demand the most exorbitant for the accommodation of that exchange.

These instructions will prove injurious to all our monied institutions as they raise the implication that they are not good or if that influence should not be admitted the still greater injustice and absurdity that although they are good a preference shall be given to other money even at the peculiar theatre of their operations and that their dealings with the community shall be dishonored at their own doors. The instructions will make the impression abroad that our monied institutions are so uncertain that confidence may not be placed in them but from day to day.

They seem indeed to admit that no overt act of pecuniary treason has been committed but at the same time they seem to suspect the treasonable tendency of their character and disposition there are at present but two specie paying Banks in this state the one a private the other a public Bank the transactions of the first have always been considered safe and its occupies a situation which renders it easy to provide every means of security the public faith wealth and resources of the state are pledged to secure the latter in the safety and integriety of its operations. These accumulated pledges ought to be sufficient to give to the citizens of this state who hold its paper especially in the purchase of the public domain within their own limits the privilege of buying a few thousand acres without a refusal or the injurious and threatening implication that it may be found necessary to refuse even without the delicate forbearance of previous notice. It ought to be supposed that the credit of the state of Alabama was sufficient to secure any amount of money even the greatest that was ever received at any one land sale in this state and tat there might be time between one land sale and another to give previous notice should the disastrous contingency arise against which the instructions seem to provide the instructions will prove injurious to the state because as far as the sale of public lands may extend, it places the paper of the state and local banks of a footing inferior to the paper of the United States Bank or specie and thus encourages an operation of money brokerage the entire gains of which predatory ?????? the poor purchaser of public land exposed to sufficient trial from other causes will be obliged to pay. It is believed that these instructions will have a tendency to invite men of capitol and speculation into the land market under some circumstances of undue advantage will either have the opportunity of buying the land without fair competition or to speculate on the money of those who are under the necessity to buy.

The whole operation of the instructions altho' it is not believed that it was so intended by the Treasury Department of the United States gives an unreasonable advantage to the paper of the United States Bank subjects foreign purchasers who intend to become citizens of this State to great disadvantage oppresses the people of the state with an unknown amount of unnecessary exchange in procuring the bills or funds recommended, gives new spring and incitement to money brokerage the profits of which are levied with worse than tributary exaction on the poorer classes of the community assails the operation of the state and local banks encourages speculation which cannot profit the Government and will be highly injurious to us and finally throws a shade of discredit on the most solemn and sacred pledges of the community in regard to the security of the State Bank paper. I beg leave therefore to recommend that an application be made to the Congress of the United States or to some proper authority of the General Government invested with power to regulate this matter to give such other instructions as may be safe to the United States and preserve more perfectly the rights and interests of this State.

I have the honor to be most respectfully your ob't serv't.

SIGNED          JOHN MURPHY

Ordered that the said message be referred to the select committee to which was referred a resolution proposing to memorialize the Congress of the United States on the subject of the public lands in this state.

A message from the Senate by Mr. Lyon.

Mr. SPEAKER:- The Senate have passed a bill which originated in


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their House entitled “an act relative to the executive of this state:” in which they desire the concurrence of your honorable. They have also passed a bill which originated in the House of Representatives, entitled “an act to extend to St. Clair and Shelby counties concurrent civil and criminal jurisdiction with Autauga county in the Creek Nation. And he withdrew.

Mr. Ross from the committee on accounts to which was referred the claim of Joseph Eastland for compensation for prosecuting certain slaves therein named, Reported that there is no evidence that the services were performed, and ask leave to be discharged from the further consideration thereof: which was granted: the report was then laid on the table.

Mr. Ross from the committee on accounts to which was referred the account of Thomas M. Davenport, claiming compensation for the publication of certain advertisements in the American Mirror, Reported that there is no evidence that the service was performed, and if performed by what authority and ask leave to be discharged from the further consideration thereof; which was granted.

Mr. Ross from the committee on the state Bank to which was addressed a communication from the Board of Directors recommending an increase in the salaries of the Teller and Discount Clerk, Reported a bill to be entitled “an act supplementary to the act to amend an act to establish the bank of the state of Alabama” approved December 20th, 1823; which was read a first time and ordered to be read a second time on tomorrow.

Mr. Ross from the select committee to which was referred the petition of sundry merchants of Mobile, praying an alteration in the existing laws regulating the public weighers in that city, Reported a bill to be entitled “an act supplementary to the several acts now in force in relation to public weighers of Cotton in the City of Mobile;”  which was read a first time and ordered to be read a second time on tomorrow.

Engrossed memorial from the Senate to the Congress of the United States, praying a donation of the relinquished and unsold lands lying in the Huntsville district, for the improvement of the navigation of the Tennessee river, was referred to the same committee to which was referred a resolution of this House on that subject.

Mr. Terry from the select committee to which was referred a bill from the Senate entitled “an act to organize and establish a circuit court in Dale county, and to arrange the counties of the first, second and sixth Judicial circuits,” Reported the same with the following amendment: strike out all after the words “to wit” in the third line of the sixth section, and by substituting an amendment in lieu thereof; in which report the House concurred. It was then read a second time as amended, and the rule requiring bills to be read on three several days being dispensed, it was read a third time and passed. Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

Mr. Stone from the military committee to which was referred a resolution instructing them to inquire into and report to this House to whom the public arms have been delivered and the probable solvency of hands given therefore, and the expediency of passing a law requiring those who may hereafter obtain arms, to renew their bonds once in each and every year. Reported that sixty five stand of muskets have been delivered to William W. Parham and A. W. Bills of Franklin county: that fifty five stand of arms and accoutrements have been delivered to Joseph Wafford and others of Franklin county: that sixty eight muskets and sixty two bayonets have been delivered to Archibald Black and J. E. Norris of Greene County: that fifty two stand of arms has been delivered to John K. Dunn, James Gaston and Roger Ste-


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phens of Madison county: that seventy five stand of arms have been delivered to M. W. McClelland and Thomas White of Dallas county: that forty nine stand of arms have been delivered to William Kirkland and Nathan Smith of Madison county: that seventy two muskets and accoutrements and eighty pistols have been delivered to Thomas D. Crabb, Henry W. Rhodes, and Stephen Heard, of Morgan county: that fifty sabres have been delivered to John T. Rather, M. Vaughan and Thomas D. Crabb of Morgan county: that sixty stand of arms have been delivered to Ebenezer Darby, Thomas N. Dye and Thomas C. Davis, of Limestone county; as appears by bonds on file in the secretary's of stat office, which are, in the opinion of the committee, solvent; except those given by John K. Dunn, James Gaston and Robert Stephens of Madison county; and M. W. McClelland and Thomas White of Dallas county: which are, in the opinion of the committee very doubtful. The committee also report a bill to be entitled “an act to authorize the Governor to cause bonds taken for public arms;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Rather from the select committee to which was referred a bill to be entitled an act giving executions from Justices of the peace, the same force of executions issued from circuit and county courts, reported the bill without amendment; the bill was then laid on the table.

Mr. Craig from the committee on roads, bridges, and ferries, to which was referred the petition of sundry citizens of Marion county, praying the passage of a law appointing commissioners to view out and mark a road therein mentioned, Reported that it is inexpedient to legislate on the subject; in which report the House concurred.

Engrossed bill from the Senate entitled “an act relative to the executive of this state” was read a first time and ordered to be read a second time on to-morrow.

Mr. Lawler obtained leave to introduce a bill to be entitled “an act to place a certain road therein named, under the control of the commissioners' court of revenue and roads of Shelby county;” 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 the rule being further dispensed with, it was then read a third time and considered as engrossed and passed. Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Mr. Lewis from the committee on the state Bank, to which was referred a bill from the Senate entitled “an act further to amend the charter of the Bank of the State of Alabama,” Reported the same with an amendment by striking out the entire third section. Ordered that the House disagree to said amendment. Yeas 36- nays 22. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Acklen, Anderson, Bradford, Brown, Broadnax, Bridges, Clark, Cook, Coopwood, Craig, Daniel, Dennis, Durrett, Duke, Forrest, Greening, Jack, Lawler, McVay of Laud. McVay of Law. McRae of Frank. Moore of mad. Paulding, Price, Rather, Robertson, Russel, Sargent, Sharp, Terry, Vaughan, Walker, Ward, Weisinger and Wiggins- 36.

Those who voted in the negative are,

Mr. Speaker, Bell, Bonnell, Colgin, Collier, Conner, Davis, Ellis, Harris, Higgins, Kelly, Lewis, Martin, Moore of Jack. Richardson, Ross, Smith of Cl'k. Smith of mad. Stone, Vining, Perkins, Rainey- 22.

Mr. Kelly moved to amend the 3d section of the bill, by inserting after the word “dollars” the words “unless in conjunction with other good securities” which was carried. It was then ordered to be read a third time tomorrow.

Mr. Ellis obtained leave to introduce a bill to be entitled “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,” approv-


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ed January 12th 1827; which was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill from the Senate was read a third time and passed. Yeas 38- nays 20: The yeas and nays being desired, those who voted in the affirmative are

Mr. Speaker, Acklen, Bradford, Broadnax, Bridges, Collier, Conner, Coopwood, Daniel, Davis, Dennis, Forrest, Jack, Kelly, Lawler, Martin, McVay of Law. Massey, McRae of Frank. Moore of Jack. Moore of mad. Paulding, Perkins, Price, Rather, Richardson, Ross, Russell, Sargent, Sharp, Smith of Cl'ke, Smith of mad. Stone, Terry, Vaughan, Vining, Walthal, Ward-38.

Those who voted in the negative are,

Mr. Anderson, Bell, Brown, Bonnell, Clark, Colgin, Craig, Durett, Duke, Ellis, Greening, Harris, Higgins, Lewis, McVay of Laud. Rainey, Robertson, Walker, Weisinger, Wiggins- 20.

Ordered, that the title be as aforesaid.  Ordered that the clerk acquaint the Senate therewith.

On motion of Mr. Lawler, Resolved that this House, with the concurrence of the Senate, will on Friday the 4th inst. at the hour of 6 o'clock P.M. proceed to elect a President and twelve Directors of the Bank of the state of Alabama.

Mr. Forrest who voted in the majority moved to reconsider the vote given on the indefinite postponement of the bill to be entitled "an act for the relief or William M. Marr;" which was lost.  Yeas 27- nays 29.

Messrs. Acklen, Broadnax, Bridges, Collier, Conner, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Ellis, Forrest, Harris, Higgins, Jack, Kelly, Martin, McRae of Frank Moore of Jack. Perkins, Russell, Smith of Clk. Stone, Vaughan, Walthal, Ward.  Those who voted in the negative are,

Mr. Speaker, Anderson, Bell, Bradford, Brown, Bonnell, Clark, Colgin, Duke, Greening, Lawler, Lewis, McVay of Laud. McVay of Law. Massey, Moore of mad. Paulding, Price, Rainey, Richardson, Ross, Robertson, Sargent, Sharp, Smith of mad Terry, Vining, Weisinger and Wiggins- 29.

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.

Mr. Cook obtained leave to introduce a bill to be entitled “an act to repeal in part a certain act therein named” which was read a first time and ordered to be read a second time.

Mr. Broadnax obtained leave to introduce a bill to be entitled “an act to repeal an act to provide for the payment of petit Jurors 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, 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 the rule being further dispensed, it was then considered as engrossed 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.

Mr. Kelly obtained leave to introduce a bill to be entitled “an act the better to provide for the trial of the right of property and for other purposes,” which was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill from the Senate entitled, “an act to repeal so much of

26


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the 3d section of an act entitled an act to reduce the expenses of the General assembly, and for other purposes,” passed at Cahawba on the 15th day of June 1821, as is herein specified, was read a third time.  Mr. Collier moved to fill the blank in the bill with the words “five hundred;” which was lost- Yeas 23-nays 35.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Broadnax, Bonnell, Colgin, Collier, Conner, Cook, Ellis, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, Moore of Jack Perkins, Rainey, Richardson, Ross, Smith of Clarke, and Stone- 23.

Those who voted in the negative are,

Messrs. Anderson, Bell, Bradford, Brown, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Forrest, Lawler, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of mad. Price, Rather, Robertson, Russell, Sargent, Sharp, Smith of mad. Terry, Vaughan, Vining, Walker, Ward, Weisinger and Wiggins- 35.

Mr. Kelly moved to fill the blank with four hundred and fifty dollars - which was lost.  Yeas 26- nays 32.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Broadnax, Bonnell, Colgin, Collier, Conner, Cook, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, Moore of Jack. Perkins, Rainey, Richardson, Ross, Sharp, Smith of C. Stone- 26.

Those who voted in the negative are,

Mr. Anderson, Bell, Bradford, Brown, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, McVay of Laud. McVay of Law. Massey, McRae of Frank Moore of mad. Price, Rather, Robertson, Russell, Sargent, Smith of mad. Terry, Vaughan, Vining, Walker, Ward, Weisinger and Wiggins.

Mr. Lawler moved to fill the blank with “four hundred and twenty five;” which was carried.  Yeas 30-nays 29.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Broadnax, Bonnell, Colgin, Collier, Conner, Cook, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, Massey, Moore of Jack. Perkins, Rainey, Richardson, Ross, Sharp, Smith of Clark, Stone, Terry, Vaughan and Walker- 30.

Those who voted in the negative are,

Messrs. Anderson, Bell, Bradford, Brown, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, McVay of Laud. McVay of Law. McRae of Frank. Moore of mad. Price, Rather, Robertson, Russell, Sargent, Smith of mad. Vining, Walthal, Ward, Weisinger and Wiggins- 29.

And the question being put, shall this bill pass?  it was determined in the affirmative.  Yeas 31-nays 23.  The yeas and nays being desired, those who voted in the affirmative are

Mr. Speaker, Acklen, Broadnax, Bonnell, Colgin, Collier, Conner, Cook, Dennis, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, Massey, Moore of Jac. Perkins, Rainey, Richardson, Ross, Sharp, Smith of Clark, Stone, Terry, Vaughan and Walker- 31.

Those who voted in the negative are,

Messrs Anderson, Bell, Bradford, Brown, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Durrett, Duke, Edmondson, McVay of Laud. McVay of Law. McRae of Frank Moore of mad. Price, Rather, Robertson, Russell, Sargent, Smith of mad. Vining, Walthal, Ward, Weisinger and Wiggins- 28.


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Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

Mr. Moore of Jack. offered the following preamble and resolution: Whereas certain publications have lately made their appearance, which, though under the cowardly signature of a fictitious name are calculated in some degree, to shake public confidence in the integrity of William Nichols, the architect employed to superintend the erection of a state Capitol: therefore Resolved that the committee on the state Capitol be instructed to inquire into the truth of such charges, with power to send for persons and papers, and report to this House the result of their inquiries. Mr. Jack moved that it lie on the table till the 1st day of June next, which was carried.

A bill to be entitled an act to change the names of certain persons therein mentioned, was read a second time. Mr. Acklen moved to amend the bill by adding thereto an additional section: it was then considered as engrossed 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 bills from the Senate 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 to emancipate certain persons therein mentioned; were severally read a third time and passed. Ordered that the titles be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

A bill to be entitled 'an act to provide for the payment of petit Jurors in the county of Jefferson' was read a second time and the rule requiring bills to be read on three several days being dispensed with, it was considered as engrossed and 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.

Bills of the following titles, to wit: an act for the relief of John Wood: an act to repeal in part an act passed March 1803, and re-enacted with amendments February 1807, were severally read a second time and ordered to be engrossed for a third reading tomorrow.

Engrossed bills of the following titles, to wit: an act to authorize Wyatt Harper, administrator of William Bates deceased, to sell and transfer real estate: an act to declare void a certain rule of the Supreme court: an act for the benefit of the estate of Daniel Davis deceased late of Monroe county: an act granting to the heirs representatives and associates of John Byler deceased, the privilege of erecting a gate on the road, known of Oak Grove Academy, of Perry county: joint resolution to provide a house for the accommodation of the next General Assembly; were severally a third time and passed: Ordered that the titles be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

A joint resolution requiring the Bank of Mobile to report their situation to the General Assembly, was taken from the table, and referred to a select committee consisting of Messrs. Martin Moore of mad. Ross, and Greening.

Engrossed bill from the Senate entitled “an act to repeal an act entitled an act to provide for the payment of petit Jurors in certain counties therein named, approved December 22d 1826, so far as said act relates to the counties of Dale Marengo Clarke and Mobile;” was read a second time and the rule requiring bills to be read on three several days be-


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ing dispensed with, it was then read a third time forthwith and passed. Ordered that the title be as aforesaid, Ordered that the clerk acquaint the Senate therewith.

Engrossed bill entitled “an act to require the Judges of the county courts to renew their bonds.” Mr. Clark moved to amend the bill by way of engrossed ryder,  which was carried: 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.

Engrossed bill from the Senate entitled, an act to incorporate the town of Tuscaloosa, and to repeal an act incorporating said town, passed 18th December 1819, was read a first time and the rule requiring bills to be read on three several days being dispensed with, it was read a second time forthwith, and referred to a select committee, consisting of Messrs. Collier, Perkins, Jack, Ellis and Craig.

Engrossed bill entitled an act to repeal an act passed 23d December 1824, concerning divorce and for other purposes, was read a third time and the question being put, shall this bill pass? it was determined in the negative. Yeas 27- nays 27. Those who voted in the affirmative are

Messrs Anderson, Broadnax, Bonnell, Clark, Collier, Cook, Daniel, Davis, Ellis, Edmondson, Greening, Harris, Kelly, Lewis, Martin, Moore of Jack. Moore of mad. Perkins, Rainey, Rather, Robertson, Russell, Sargent, Stone, Terry and Vining- 27.

Those who voted in the negative are,

Messrs Speaker, Acklen, Bradford, Brown, Bridges, Colgin, Conner, Coopwood, Craig, Dennis, Durrett, Forrest, Jack, Lawler, McVay of Laud. McVay of Law. Massey, McRae of Frank. Ross, Sharp, Smith of Clarke, Smith of mad. Vaughan, Walthal, Ward, Weisinger and Wiggins - 27.

Engrossed bill from the Senate entitled “an act to provide for the registration of deeds and patents,” was read a first time and ordered to be read a second time on tomorrow.

Engrossed bill from the Senate entitled “an act to provide for the translation and preservation of the Spanish records of this state,” 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 the rule being further dispensed with, it was read a third time forthwith and passed, Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate entitled “an act reviving an act authorizing a lottery for the benefit of the navigation of the Buttehatchee river” was read a third time and passed. Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

A bill to be entitled "an act to compel all persons liable to do military duty, to carry their fire arms to all musters and drills and for other purposes therein specified." Mr. McVay of Laud. moved that the further consideration thereof be indefinitely postponed; which was carried.

Joint resolution taking into consideration the demoralizing tendency resulting from the common practice of electioneering. Mr. McVay of Laud. moved that the further consideration thereof be indefinitely postponed; which was carried. Yeas 35- nays 21. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Kelly, Lawler, Martin, McVay of Laud. McVay of Law. Massey, Rainey, Richardson, Robertson, Sharp, Smith of Clarke, Stone, Tarver, Walthal and Ward- 35.


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Those who voted in the negative are,

Messrs. Broadnax, Ellis, Edmondson, Forrest, Greening, Harris, Jack, McRae of Frank. Moore of Jack. Moore of mad. Perkins, Rather, Ross, Russell, Sargent, Smith of mad. Terry, Vaughan, Vining, Weisinger, and Wiggins - 21.

Mr. Moore of mad. obtained leave to introduce a bill to be 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;” which was read a first time and ordered to be read a second time on tomorrow. And then the House adjourned until tomorrow morning 9 o'clock.