SATURDAY, January 5th, 1828.

The House met pursuant to adjournment.

Mr. Martin from the committee on propositions and grievances, to which was referred a bill from the Senate to be entitled, an act to preserve the health of the inhabitants residing on Sinking Creek in Lauderdale county; reported the same with an amendment by way of proviso, which was adopted by the House; the bill was then ordered to be read a second time on Monday next.

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 incorporate the town of Courtland, in the county of Lawrence, 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,


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concurrent, civil and criminal jurisdiction, with Autauga county in the Creek nation: all of which originated in the House.

Mr. Collier from the select committee to which was referred a bill from the Senate entitled, an act to incorporate the town of Tuscaloosa and to repeal an act incorporating said town, passed the 13th December 1819: Reported the same with sundry amendments, as herewith shewn; insert of the first Monday in February next, immediately after the words, “in said town,” where they occur in the 13th line of the 2d section, strike out the words “forty eight,” where they occur in the 33d line of the 2d section, and insert in lieu thereof the word "twelve," strike out the words “two weeks,” where they occur in the 37th line of the 2d section, and insert in lieu thereof, the words "ten days," strike out of the 5th and 6th lines of the 4th section, these words, “to compel owners of lots, to plant and keep up shade trees in front of their lots, and by adequate penalties, to protect the same,” and insert in lieu thereof, the words “to protect by adequate penalties, the shade and ornamental trees in said town.” strike out of the 27th line of the 4th section, the word “fifty,” and insert in lieu thereof, the word “twenty” strike out all after the word “forthwith,” where it occurs in the 30th line of the 4th section, to the word “to.” in the 33d line of the same section, strike out the 42d line of the 4th section, the words ‘forty eight,’ and insert in lieu thereof, the word ‘twelve,’ strike out the 41st line of the 4th section, the words “two months,” and insert in lieu thereof, the words “five days,” strike out all after the word “partiality” where it occurs in the 6th line of the 3d section, to the word “the” where it occurs in the 3d line, in the 10th line of the same section, strike out the words “concurrent request,” where they occur in the 15th and 16th lines of the 5th section and insert in lieu thereof, the word “concurrence” strike out of the 2d line of the 6th section, the word “fifty” and insert the words “twenty-five,” strike out the word “thirty,” where it occurs in the 20th line of the 6th section. and insert in lieu thereof, the word “sixty,” strike out the word “civil.” where it occurs in the 50th line of the 4th section, and by an additional proviso to come in at the end of the 6th section, and by another proviso, and by adding thereto, two additional sections, and by adding thereto a proviso at the end of the 4th section; in all of which amendments, the House concurred: the bill was then read a third time and passed: Ordered that the title be as aforesaid: Ordered that the Clerk acquaint the Senate therewith.

Mr. Bridges from the select committee to whom was referred a bill from the Senate entitled, an act to authorize the court of revenue and roads, of the county of Wilcox, to alter State roads in said county, reported the same without amendment; it was then laid on the table. Mr. Jack who voted in the majority, moved to reconsider the vote, given on filling the blank, with fifteen hundred, to the bill entitled, an act giving additional powers to the commissioners, for superintending the erection of the State capitol, and for compensating the superintendent, which was carried; the bill was then laid on the table.

The report of the committee on propositions and grievances, on the subject of the purchasers of lots in the town of Cahawba, was then taken from the table. Mr. Walker moved that the House concur in the said report, which was carried, yeas 34- naye 22.

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

Messrs. Speaker Acklen Anderson Brown Broadnax Bridges Clark


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Colgin Cook Coopwood Daniel Dennis Duke Forrest Greening Harris Higgins Jack Kelly Lawler Lewis Rainey Rather Ross Sargent Sharp Stone Tarver Terry Vaughan Walker Walthal Ward Weisinger 34.

Those who voted in the negative are,

Messrs. Bell Bradford Collier Connner Craig Davis Durrett Ellis Edmondson Martin McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of Jack. Moore of mad. Price Richardson Robertson Smith of C. Smith of mad. Vining and Wiggins, 22.

Engrossed bill entitled, an act to provide for the establishment of the permanent seat of justice in the county of Walker, was read a third time. Mr. Forrest moved to amend the bill by way of engrossed ryder, which was carried. Mr. Forrest then moved that the further consideration of the bill be indefinitely postponed, which was lost, the bill was then passed: 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 for the relief of Andrew O. Horn. Mr. McVay of Law. moved to amend the bill by way of proviso,  which was carried; it was then read a second time and ordered to be engrossed for a third reading on Monday next.

Engrossed 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. Mr. Greening moved to amend the resolution by way of engrossed ryder, which was carried. Mr. Acklen moved to amend the same by way of engrossed ryder, which was carried; the resolution 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 relating to the duties of the Judges of the county courts, was read a first time and the rule requiring bills to be read on three several days being dispensed with, it was then read a second time forthwith, and laid on the table.

A bill to be entitled an act supplementary to an act entitled an act to establish a road from Montevallo to Greensborough, approved January 12th 1827, was on motion of Mr. Walker, laid on the table till 3 o'clock this evening.

Mr. Lewis obtained leave to introduce a bill to be entitled, an act to alter the time of holding the county court and commissioners court of Montgomery 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 ordered to be engrossed for a third reading on Monday next.

A joint resolution, declaring the expiration of the office of the Trustees of the University of the State of Alabama, 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. Mr. Smith of Clark moved to amend the resolution by way of engrossed ryder which was carried. Mr. Forrest moved to amend the amendment, which was carried: the amendment was then adopted: the resolution 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 till 2 o'clock.

EVENING SESSION, 2 o'clock.

The House met pursuant to adjournment.

A bill to be entitled, an act declaring the effects of notarial proteste,


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was read a second time and referred to the judiciary committee.

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 authorize the Judge and Commissioners of St. Clair county to levy a tax for the purpose therein mentioned, an act to establish the 52d Regiment of Alabama militia, were severally read a second time and ordered to be engrossed for a third reading on Monday next.

Engrossed bill from the Senate, to prevent the unlawful assembly of slaves, 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.  Mr. Harris moved to amend the bill by adding after the word “slaves,” and free persons of color, wherever the word slaves, occurs in the bill, which was carried; the bill was then ordered to be read a third time on Monday next.

Engrossed bill from the Senate entitled, an act for the relief of Richard Corre, John Duncan jr. and Henry Center, was read a second 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 referred to the committee on propositions and grievances.

Engrossed bills from the Senate of the following titles, to wit: an act to authorize Mahala Farrar to emancipate a mulatto woman slave, named Patience, an act to amend an act entitled an act to incorporate the school commissioners, of the 4th Township, and eighth 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 to declare Canoe Creek in St. Clair county, a public highway, an act regulating the duties of Attorneys at law, and for other purposes were severally read a first time and ordered to be read a second time on Monday next.

Engrossed bill from the Senate entitled, 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, was read a first time. Mr. Davis moved that the further consideration of the bill be indefinitely postponed, which was carried.

Engrossed bill from the Senate entitled, an act for the relief of Wyatt Cheatham, was read a first time, and the rule requiring bills to be read on three several days being dispensed with, it was then read a second time forthwith and laid on the table until Monday next.

Engrossed bill 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, 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.

A bill to be entitled, an act supplementary to an act entitled an act to establish a road from Montevallo to Greensborough, approved January 12th 1827, was then taken from the table. Ordered that said bill together with the petition on that subject, presented by Mr. Walthal, be referred to a select committee, whereupon Messrs. Lawler Clark Weisinger Walthal and Colgin were appointed said committee.

Engrossed joint resolution from the Senate in relation to university lands, was read a first time and ordered to be read a second time on Monday next.

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


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Company, was read a second time and referred to a select committee, consisting of Messrs. Vining Stone and Craig.

A bill to be entitled, an act to amend an act incorporating the town of Athens, was read a second time, it was then 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 forthwith and passed: 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 an act therein named, was read a second time and referred to a select committee, consisting of Messrs. Clark Terry and Wiggins.

Engrossed bill from the Senate entitled an act to declare in what manner pardons and reprieves shall be granted and fines and forfeitures remitted, was read a second time and referred to the judiciary committee.

A bill to be entitled, an act to amend the 5th section of an act regulating judicial proceedings, passed December 18th 1818, was read a second time and referred to the judiciary committee.

Engrossed bill entitled an act for providing a more speedy collection of debts due the Bank of the State of Alabama, and for other purposes, was on motion of Mr. Collier taken from the table and read a third time. Mr. Collier moved to amend the bill by way of engrossed ryder by adding thereto an additional section, which was lost. Mr. Collier moved to amend the 10th section of the bill by inserting after the word “deputies” the words “and his securities” which was carried; Mr. Collier moved further to amend the bill by way of engrossed ryder, by adding thereto an additional section,  which was carried, it was then put on the passage, and the question being put, shall this bill pass, it was determined in the negative; yeas 20- nays 37.

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

Messrs. Acklen Bridges Bonnell Clark Colgin Collier Conner Ellis Greening Jack Kelly Martin Moore of Jack. Paulding Perkins Rainey Rather Ross Smith of C. Stone and Wiggins, 20.

Those who voted in the negative are,

Messrs. Speaker Anderson Bell Bradford Brown Broadnax Cook Coopwood Craig Daniel Davis Durrett Duke Edmondson Forrest Harris Higgins Lawler Lewis McVay of Laud. McVay of Law Massey McRae of Frank. Moore of mad. Price Richardson Robertson Russell Sargent Sharp Smith of mad. Terry Vaughan Vining Walthal Ward and Weisinger, 37.

And then the House adjourned until Monday morning 9 o'clock.