FRIDAY, January 4, 1828.

The House met pursuant to adjournment.

Mr. McRae of Frank. presented the petition of sundry practicing physicians of this state, praying the aid of the legislature as in said petition mentioned; which was read and referred to a select committee consisting of Messrs. McRae of Frank. Sargent Davis and Smith.

Mr. Massey presented the petition of sundry inhabitants of St. Clair county, praying an alteration in the county court system, which was read Mr. Forrest moved that it lie on the table till the 1st day of the next session: which was carried.

Mr. Daniel from the Judiciary committee to which was referred a bill to be entitled “an act to repeal in part and amend an act entitled an act to regulate the rate of interest,” passed December 17, 1819, reported the same without amendment. Mr. McVay of Law. moved to strike out the words “eight per centum,” which was lost. Mr. Weisinger moved that it lie on the table till the 1st day of June next, which was carried.

Mr. Kelly from the select committee to which was referred 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 land district, for the improvement of the navigation of the Tennessee river, Reported the same without amendment; it was then laid on the table.

The same committee to which was referred various resolutions on the same subject, reported a joint memorial to Congress, on the subject of the public lands; which was read a first time and ordered to be read a second time. The same committee reported a joint remonstrance on the subject of instructions lately given from the treasury department relative to the funds receivable for public lands; 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 ordered to be engrossed for a third reading tomorrow.

A message from the Senate by Mr. Lyon.

MR. SPEAKER:- The Senate have passed bills which originated in their House, entitled an act regulating judicial proceedings: an act defining the powers of the county courts: an act to repeal in part and amend an act entitled an act to incorporate the Muscle Shoals canal company: and an act to continue in force an act entitled an act to amend the charter of the Planters' and Merchants' Bank of Huntsville, in which they desire your concurrence.

They have passed a bill which originated in the House of Representatives, entitled an act to regulate the inspection of Tobacco in this state; and have amended the same in the manner herewith shewn; in which they desire your concurrence. They insist on their amendment to the bill entitled "an act to apportion the representatives among the several counties in this state, and divide the state into Senatorial districts, according


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to the late census by adding an additional section thereto. They have adopted the following resolution: Resolved that the House of Representatives be informed that the Senate will be read to adjourn sine die, on Tuesday next the 8th instant. And then he withdrew.

Mr. Ross from the committee on accounts to which was referred the account of C. Woods, constable of Lawrence county, claiming compensation for the services of certain precepts therein charged, for guarding prisoners, supporting guard, &c. Reported that they are aware of now law by which it can be paid out of the state treasury and ask leave to be discharged from the further consideration thereof; which was granted.

Mr. Vining from the committee composed of the representation from the county of Madison, to which was referred the petition of the citizens of the town of Hazlegreen, praying the passage of a law to authorize them to elect one or two Justices of the peace and one constable for said town; also two counter petitions from the inhabitants near and adjoining reported they deem it inexpedient to grant the prayer of the Hazlegreen petitions in which report the House concurred.

The select committee to  which was referred the petition of the courts of revenue and roads of Wilcox county, reported they believe the said country is entitled to remuneration from the state treasury to the amount of the sustenance furnished to certain state prisoners, which have been paid for out of the county treasury; but having no satisfactory data by which they can calculate the exact amount of the sum due, they ask leave to be discharged from the further consideration of the subject, and recommend a reference to the committee on propositions and grievances: it was then referred to the committee on propositions and grievances.

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 for the relief of William Jones, of Walker county, and the descendants of Joseph Elliot of Jackson county: an act for the relief of Caswell R. Clifton, tax collector of Madison county: joint resolution in relation to the Cherokee boundary: an act to authorize the raising of three thousand dollars for the purpose of building a bridge across Shoal creek: an act to authorize the Judge of the county court of Monroe county, and the commissioners of roads and revenue to levy a special tax for the purpose therein mentioned: an act to provide for the support of paupers, in the county of Madison, Autauga, Tuscaloosa, and Clarke all of which originated in this House.

Mr. Ellis obtained leave to introduce a bill to be entitled, an act concerning the cities of Clerks of the county courts, and other officers, which was read a first time, and the rule requiring bills to read on three several days being dispensed with, it was then read a second time forthwith, and ordered to be engrossed for a third reading on tomorrow.

Mr. McRae of Frank obtained leave to introduce a bill to be entitled “an act to appoint two trustees of the University of the state of Alabama, in the seventh Judicial circuit,” which was read a first time and laid on the table.

Mr. Lawler obtained leave to introduce a bill to be entitled “an act to authorize the Judge of the county court and commissioners of roads and revenue of Shelby county, to levy an extra tax;” 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; it was then considered as engrossed and the rule being further dispensed with, it was read a third time and passed. Ordered that the title be as aforesaid. Ordered that the


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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 regulate the inspection of tobacco in this state’ by striking out of the first section of the bill, all from “whatever” in the 17th line, to the word “dollars” inclusive in the 37th line and by an amendment at the end of the 3d section of said bill; and by striking out the second section.

A message from the Senate by Mr. Lyon.

MR. SPEAKER:-- The Senate have instructed me to return to the House of Representatives, a bill which originated in the Senate and has been amended and communicated by the House to 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” with a request that a fair copy of the amendment be made out so that it will be intelligible to the Senate. I am also specially instructed by the Senate to return to your honorable body, bills of the following titles, which originated in the Senate, and which have been amended by the House of Representatives, to wit: an act to amend an act entitled an act to incorporate the town of Elyton, in the county of Jefferson, passed December 1826: an act to form a seventh Judicial circuit: an act to repeal an act entitled an act to provide for the payment of petit Jurors in certain counties therein named, approved December 20th 1826, so far as said act relates to the counties of Dallas, Madison and Montgomery: and an act to repeal so much of the 3d section of an act entitled an act to reduce the expenses of the General Assembly and for other purposes, passed at Cahawba the 15th day of June 1821, as is herein specified; and to inform your honorable body that the amendments which have been made by the House of representatives to the same are not intelligible to the Senate - the erasures, interlineations, and brackets which are to be found in the bills do not place the amendments in situations to be clearly and plainly understood. And then he withdrew.

Engrossed bill from the Senate entitled “an act to repeal in part and amend an act entitled an act to incorporate the Muscle Shoals Canal Company,” was read a first time.  Mr. Coopwood moved that the further consideration of the bill be indefinitely postponed; which was lost. It was then read a second time and ordered to be read a third time on to-morrow.

A message from the Governor by James I. Thornton; which is as follows:

MR. SPEAKER:-- The Governor did on the 3d instant, approve and sign the following bills: an act to emancipate certain persons therein named: an act to amend and explanatory of an act to authorize William H. Ragsdale and his associates to turnpike a road therein specified, passed 14th day of January, 1826: an act to alter the boundaries of certain counties therein named: and an act to aid in the endowment of a Humane Charity Hospital in the city of Mobile: all of which originated in the House of Representatives.

Engrossed bills from the Senate entitled “an act defining the powers of the county courts,” was read a first time. Mr. Terry moved that it lie on the table till the first day of August next; which was carried.

Engrossed bill from the Senate entitled “an act regulating judicial proceedings,” 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 the Judiciary committee.

Engrossed bill from the Senate entitled “an act to continue in force an act entitled an act to amend the charter of the Planters' and Merchants'


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Bank of Huntsville,” was read a first time and ordered to be read a second time on tomorrow.

Engrossed bills of the following titles, to wit: an act to amend in part and repeal in part an act to establish the town of Whitesburg and incorporate its trustees: an act to regulate the payment of petit jurors in the county of Washington: an act to authorize the commissioners of revenue and roads of Mobile county to levy a special tax and for other purposes an act to amend in part an act entitled an act to reduce into one the several acts concerning roads, ferries, and highways: were severally read a third time and passed. Ordered that the titles be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill from the Senate entitled “an act defining the liability of endorsers and for other purposes;” was read a second time and referred to the Judiciary committee.

Engrossed bill entitled “an act to repeal in part and amend an act entitled an act respecting slaves, passed March 6th 1805,” was read a third time. Mr. Higgins moved to amend the bill by way of the following engrossed ryder; “and be it further enacted, that it shall not be lawful for any free person to teach or instruct to spell, read or write, any slave or slaves or free persons of color within this state: and all Sunday or other schools kept or continued for the tuition of negro slaves, shall be deemed unlawful assemblies of slaves; and it shall be the duty of the patrol to visit and disperse them as such:” which was lost. Yeas 20- nays 34. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Anderson, Bradford, Broadnax, Bridges, Cook, Ellis, Greening, Harris, Higgins, Jack, Kelly, Lewis, Massey, Rainey, Ross, Smith of mad. Stone, Walker, Walthal and Wiggins- 20.

Those who voted in the negative are,

Mr. Speaker, Acklen, Bell, Brown, Clark, Collier, Conner, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Forrest, Lawler, Martin, McVay of Laud. McVay of Law. McRae of Frank. Moore of mad. Perkins, Price, Rather, Richardson, Robertson, Sargent, Sharp, Smith of Clarke, Terry, Vining, Ward and Weisinger- 34.

Mr. Perkins moved to reconsider the vote given on the question to adopt Mr. Higgins' amendment: which was carried. Yeas 29- nays 26. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Colgin, Collier, Cook, Ellis, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, Massey, Moore of mad. Perkins, Rainey, Ross, Smith of mad. Stone, Vining, Walker, and Wiggins- 29.

Those who voted in the negative are,

Mr. Speaker, Clark, Conner, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Forrest, Lawler, McVay of Laud. McVay of Law. McRae of Frank. Moore of Jack, Price, Rather, Richardson, Robertson, Sargent, Sharp, Smith of Clarke, Ward and Weisinger- 26.

Mr. Walker who voted in the majority moved to reconsider the vote given on adopting the amendment to the amendment by adding “free persons of color,” which was lost. Mr. Martin moved to reconsider the vote given by the adoption of Mr. Kelly's amendment, by inserting the words “read or write;” which was lost. Mr. Moore of Jack. moved to a amend the amendment with the following “provided that Indians shall not be included in the expression of freee persons of color:” which was carried. The question again was on the adoption of Mr. Higgins' amendment: which was lost. Yeas 24- nays 32. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Anderson, Bell, Bradford, Broadnax, Bridges, Bonnell, Colgin, Cook, Ellis, Greening, Harris, Higgins, Jack, Kelly, Lewis, Massey, Perkins, Rainey, Ross, Smith of mad. Stone, Walker, Walthal and Wiggins- 24.

Those who voted in the negative are,

Mr. Speaker, Acklen, Brown, Clark, Collier, Conner, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Edmondson, Forrest, Lawler, Martin, McVay of Laud. McVay of Law. McRae


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of Frank. Moore of Jack. Moore of mad. Price, Rather, Richardson, Robertson, Sargent, Sharp, Smith of Clark, Terry, Vining, Ward and Weisinger- 32.

The bill was then passed. Ordered that the title be as aforesaid: Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill to be entitled “an act to divorce James Pharr from Mary Pharr” was read a third time and passed; there being a constitutional majority voting in favor of its passage. Yeas 47- nays 2. Those who voted in the affirmative are.

Messrs. Speaker, Acklen, Anderson, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Craig, Daniel, Davis, Dennis, Durrett, Edmondson, Forrest, Greening, Harris, Kelly, Lewis, Martin, McVay of Laud. McVay of Law. Massey, Moore of Jack. Perkins, Price, Rainey, Rather, Ross, Robertson, Russell, Sargent, Smith of Clarke, Smith of mad. Stone, Tarver, Terry, Vining, Walker, Walthal ,Ward, Weisinger, and Wiggins- 47.

Those who voted in the negative are,

Mr. McRae of Frank. and Sharp- 2.

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

A bill to be entitled “an act to repeal in part a resolution passed January 13th 1827, under the title of resolutions relative to the militia laws of this state.” Mr. Rather moved that the bill lie on the table till the 1st day of March next; which was carried.

Engrossed bill to be entitled “an act to authorize Jesse Lott to continue a toll bridges erected over Dog river, in the county of Mobile.” Mr. Ross moved to amend the bill by way of engrossed ryder; which was carried the bill was then passed. Ordered that the title be as aforesaid. Ordered that the same be sent to the Senate for their concurrence And then the House adjourned until half past 2 o'clock.

EVENING SESSION, half past 2 o'clock.

The House met pursuant to adjournment.

Bills of the following titles, to wit: an act to amend the laws now in force respecting Justices of the peace and constables: 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 an act extending the time granted to John Fowler, for running a ferry boat between Mobile and Blakely: an act to appoint commissioners to lay out a road therein specified: an act to alter the times of holding company courts martial; 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: 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: an act to emancipate certain persons therein named: an act the better to designate free persons of color: an act to authorize the election of an additional constable in the beat embracing the town of Claiborne: an act to incorporate the Monroe rifle company: an act to incorporate Barker's Encampment of Knights Templar No. 1: an act to establish a road from McMurray's old saw mill on the Shades creek in Jefferson county to Charles Mundin's in Shelby county: were severally read a second time and ordered to be engrossed for a third reading.

Engrossed bills of the following titles, to wit: an act to amend an cat entitled an act concerning roads, highways, bridges and ferries, in the county of Mobile: an act to establish the dividing line between the coun-

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ties of Bibb and Tuscaloosa according to the existing laws: an act to change the place of holding the medical Board for the district of Cahawba an act to authorize the county court of Jackson county to levy an extra tax: an act to authorize sheriffs to take bonds in certain criminal cases: an act to amend an act to incorporate the town of Montgomery: an act amendatory of the common law as hereinafter provided: an act to authorize the election of a Justice of the peace in the town of Columbia, in Shelby county: an act to emancipate certain slaves therein named: an act changing the time of holding the county courts in Greene and Perry counties an act providing for the election of a sheriff in Blount county and for other purposes: were severally read a third time and passed. Ordered, that that the titles be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

A bill to be entitled “an act to provide for the preservation of the public arms,” was read a second time. Mr. Sharp moved to amend the bill by adding thereto an additional section: which was carried. It was then ordered to be engrossed for a third reading tomorrow. Ordered that the House insist in their disagreement to the amendment made by the Senate to the bill 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.” Yeas 34- nays 26. The yeas and nays being desired, those who voted in the affirmative are,

Mr. Acklen, Anderson, Bradford, Brown, Bridges, Clark, Conner, Coopwood, Craig, Daniel, Davis, Durrett, Duke, Forrest, Higgins, Kelly, Lawler, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of Jack. Moore of mad. Price, Rather, Richardson, Sargent, Smith of mad. Vaughan, Vining, Walker, Ward, Weisinger and Wiggins- 34.           

Those who voted in the negative are,

Messrs. Speaker, Bell, Broadnax, Colgin, Collier, Cook, Dennis, Ellis, Edmondson, Greening, Harris, Jack, Lewis, Martin, Paulding, Perkins, Rainey, Ross, Robertson, Russell, Sharp, Smith of Clarke, Stone, Tarver, Terry, Walthal- 26.

Engrossed bills from the Senate of the following titles, to wit: an act authorizing a lottery for the purpose of building an academy and court house in the county of Henry: an act to authorize and require the Secretary of State to procure and distribute to each county in this state, one set of weights & measures: were severally read a second time and ordered to be read a third time tomorrow.

A bill to be entitled “an act for the relief of Joseph Owens,” was read a second time. Mr. Jack moved to amend the bill with the following: “to be paid out of any money in the treasury not otherwise appropriated:” which was carried. It was then ordered to be engrossed for a third reading to-morrow.

Mr. Acklen who voted in the majority moved to reconsider the vote given yesterday on the passage of a bill entitled "an act to repeal an act passed 23d December 1824, concerning divorce and for other purposes:" which was lost.

Engrossed bill entitled “an act giving additional powers to the commissioners for superintending the erection of a state capitol, and, compensating the superintendent;” was read a third time. Mr. Moore of Jack. moved to fill the blank with “two thousand;” which was lost. Yeas 12- nays 48. The yeas and nays being desired those who voted in the affirmative are,

Messrs Bridges, Clark, Collier, Forrest, Greening, Kelly, Martin, Moore of Jack. Rainey, Ross, Smith of Clarke, Stone- 12.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bonnell, Colgin,


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Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Harris, Higgins, Jack, Lawler, Lewis, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of mad. Perkins, Price, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Smith of mad. Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger & Wiggins- 48.

Mr. Ross then moved to fill the blank with “seventeen hundred and fifty;” which was lost. Yeas 14- nays 44. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Bridges, Clark, Collier, Forrest, Greening, Harris, Kelly, Lewis, Martin, Moore of Jack. Rainey, Ross, Smith of Clarke, Stone- 14.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bonnell, Colgin, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Higgins, Jack, Lawler, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of mad. Perkins, Rather, Richardson, Robertson, Russell, Sargent, Sharp, Smith of mad. Tarver, Terry, Vaughan, Vining, Walthal, Ward, Weisinger and Wiggins- 44.

Mr. Jack moved to fill the blank with “fifteen hundred;” which was carried. Mr. Greening moved to amend the bill by way of engrossed ryder; which was carried. Mr. Vining moved that the bill lie on the table till to-morrow; which was carried.

Engrossed bill from the Senate entitled “an act to authorize John P. Neal, agent of William A. Powell, to emancipate John Robinson a man of color,” was read a third time and passed. Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

A report of the committee on propositions and grievances, on the subject of the purchasers of lots in the town of Cahawba, was taken up. Mr. Tarver moved that it lie on the table till tomorrow; which was carried.

A bill to be entitled “an act relative to the estate of Isaac Edwards, late of Conecuh county; deceased,” was read a second time, and 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.

Engrossed bill from the Senate entitled “an act to authorize John G. Creagh to bring into this state and slaves of his ward, Anne D. Houze and James Houze,” was read a second time. Mr. Kelly moved to amend the bill by adding thereto an additional section; which was carried: it was then ordered to be read a third time tomorrow.

Engrossed bill from the Senate entitled “an act for the relief of appearance bail,” was read a second time and referred to the Judiciary committee.

Engrossed bills of the following titles: an act to provide for the establishment of the permanent seat of Justice, in the county of Walker: an act for providing for the more speedy collection of debts due to the Bank of the state of Alabama, and for other purposes: were laid on the table until tomorrow. And then the House adjourned until half past 9 o'clock tomorrow morning.