SATURDAY, November 24, 1827.

The house met pursuant to adjournment.

Mr. Ellis presented the petition of sundry inhabitants of the 14th township and range 7 west of the meridian of Huntsville, in walker count, praying the passage of a law authorizing, without delay, the sale of the 16th section, with the exception of lot No. 1, containing 80 acres, which is laid off and know in the plan of said section, and leased out to James Daniel for the term of five years, which was read and referred to the committee on Schools, Colleges, and Universities, and School and University lands.

Mr. Bell presented the petition of sundry inhabitants of Limestone county, praying the passage of law authorizing Robert Pollock, to collect all such debts as may be due him for medical services rendered; & that he may be permitted to enroll himself with the medical board, and obtain his certificate as though he had applied in due time: which was read and referred to the Judiciary committee.

Mr. Collier presented the petition of Samuel B. Ewing, Administrator of the estate of Thomas Ewing deceased, praying the passage of a law authorizing him to sell two lots in the town of Cahawba; which was read and referred to the Judiciary committee.

Mr. Vining from the committee on Schools, Colleges, and Universities and School and University lands, to whom was referred a resolution of


23

this House, instructing them to inquire into the expediency of approriating the funds arising from the sixteenth sections, exclusively for the benefit of the children of the poor: Reported that they deem it inexpedient to make such appropriation: In which report the House concurred.

Mr. Coopwood from the select committee to whom was referred the petition of George W. Stoneroad, reported a bill to be entitled "An act to emancipate certain slaves therein mentioned:" which was read a first time and ordered to be read a second time on Monday next.

Mr. McVay of Law. from the select committee to whom was referred a resolution of this House instructing them to inquire into the expediency of so amending the constitution that there be biennial instead of annual sessions of the General Assembly; Reported a resolution proposing sundry amendments to the constitution of the state of Alabama which was read a first time: Ordered, That said resolution lie on the table, and that one hundred copied thereof be printed for the use of this House.

Message from the senate by Mr. Crabb.

Mr. Speaker- The Senate have adopted the following resolutions, in which they desire your concurrence.  Resolved, That with the concurrence of the House of Representatives, the Senate will convene at the hour of two o'clock on Monday next, in the Hall of the House of Representatives, for the purpose of electing a state Printer for the ensuing year, and that the House of Representatives be informed thereof.

Resolved, by the Senate, that with the concurrence of the House of Representatives, it shall be the duty f the military standing committees of the two Houses of the General Assembly to examine the state Arsenal, and to report the number and situation of the public arms therein.

Resolved, That the Senate will, on Saturday the 24th inst. at 12 o'clock A. M. proceed to the election of a committee on the part of the Senate, to act with such committee as may be appointed by the House of Representatives, for the purpose of examining into the condition of the Bank of the State of Alabama, pursuant to the provisions of an act entitled "an act to amend the charter of the Bank of the state of Alabama," and that the House of Representatives be informed thereof.  and then he withdrew.

Ordered, That the House concur in that part of the message which relates to the election of a state Printer, and to examine the state Arsenal.

Ordered, That so much of said message as relates to the election of a committee to examine into the condition of the state Bank, be laid on the table.

Mr. Coopwood obtained leave to introduce a bill to be entitled “An act for the more speedy trial of chancery causes,” which was read a first time and ordered not be read a second time on Monday next.

On motion of Mr. Bridges, Resolved, That the Secretary of State be required to furnish to this House, an abstract of the census of this state, which was been returned to that department for the present year.

On motion of Mr. Walker, Resolved, That the Judiciary committee be instructed to inquire into the expediency of repealing so much of the sixteenth section of an act passed the 27th day of December 1814, as makes it the duty of constables, for want of goods and chattels on which to levy any execution, to take the defendant's body by virtue thereof, and to provide by law that Justices of the Peace shall not issue a capias ad satisfaciendum, unless when expressly required by the plaintiff.

On motion of Mr. Acklen  Resolved, That the Judiciary committee be


24

instructed to inquire into the expediency of amending the law not in force, requiring three days grace to be given to payers of bonds, obligations, bills single, promissory notes, and all other writings for the payment of money, or any other thing: and also, repealing the law now in force, placing bonds, bills single, promissory notes, and all other writings for the payment of money, or any other thing, upon the footing of inland bills of exchange, and defining the liability of endorsers.

Mr. Coopwood introduced the following preamble and resolutions:

Whereas, by the tenth section of the sixth article of the constitution of this state, it is made the duty of the General Assembly to regulate by law, the cases in which deductions shall be made form the salaries of public officers for neglect of duty in their official capacities, and the amount of such deduction; and whereas the General Assembly have heretofore neglected to pass the law contemplated by the constitution: Be it therefore Resolved, That the Judiciary committee be instructed to inquire is not the necessity of passing law, defining in what cases and what amount of the salaries of public officers shall be deducted for failure to perform the duties of their respective offices: which was adopted.

Mr. Clark obtained leave to introduce a bill to be entitled "an act compelling clerks of circuit and county courts, to calendar causes in their respective counties:" which was read a first time, and ordered to be read a second time.

On motion of Mr. Duke, Resolved, That with the concurrence of the Senate, the two houses immediately after electing a state Printer, proceed to the election of a Judge of the county court of Fayette county.

Mr. Higgins moved to amend the resolution by adding there to, a Judge of the county court of Montgomery county.

Mr. Dennis moved to amend the same, by adding Judge of the county court of Pike county.

Mr. Collier moved to amend the same by adding thereto, a Judge of the county court of Tuscaloosa county.

Mr. Smith of clerk, moved to amend the same by adding thereto, a Judge of the county court of Clerk county.

Mr. Dennis moved further to amend the same by adding thereto, a Judge of the county court of Dale county.  In all of which amendments the Hose concurred.

Mr. Lewis presented the account of Samuel Dennis, Jailor of Montgomery county; which was read and referred to the committee on accounts, to consider and report thereon.

Mr. Lewis presented the petition of Ebenezer D. Washburn, administrator, & Anna M. Washburn administrtrix of James Gause deceased, praying the passage of a law to sell certain land certificates therein mentioned: which was read and referred to the Judiciary committee.

Mr. Daniel presented the account of Joel D. Harris, Jailor of Lawrence county; which was read and referred to the committee on accounts.

Mr. Cook presented the account of William Payne, Sheriff of Butler county, which was read and referred to the committee on accounts.

Mr. Smith of Clarke; presented the account of James Beckham, Jailer of Clerk county; which was read and referred to the committee of accounts.

On motion of Mr. Walker, Resolved, That the committee on the state Bank, be instructed to inquire into the expediency of so amending the charter of the Bank of the state of Alabama, so as to prevent any individual becoming indebted to the Bank in a greater amount than two


25

thousand dollars, either by bill, note, or otherwise.

Ordered, That Mr. Paulding be added to the committee appointed for the purpose of drafting a memorial, praying relief for the purchasers of public lands, Ordered, That Mr. Lawler be added to the committee on Schools, Colleges, and Universities, and School and University lands.

Mr. Vaughan obtained leave to introduce a bill to be entitled “an act prescribing the mode of commencing the contest of certain election, and of procuring evidence therein,” which was read a first time, and ordered to be read a second time on Monday next.

Mr. McVay, of Laud, from the select committee to whom was referred the petition of Cyrus Chapter No. 6, of Royal Arch Masons, and Florence Lodge No. 14, of Ancient Free Masons, in the town of Florence; Reported a bill to be entitled “an act authorizing a Lottery for the benefit of Cyrus Chapter No. 6. of Royal Arch Masons, and of Florence Lodge No. 14 of Ancient Free Mason, in the town of Florence;” which was read a first time, and ordered to be read a second on Monday next.

On motion of Mr. Perkins, Resolved that the committee on the state Capitol be, and is hereby authorized to inquire into the expediency of annexing lots No. 125 and 129 in the plan of the town of Tuscaloosa, to the capitol square; and if expedient, report the best method of obtaining a fee simple title to the state, for the same.

Mr. Ross obtained leave to introduce a bill to be entitled "an act to provide for an extra term of the circuit court of Mobile county;" which was read a first time, and ordered to be read a second time on Monday next.

On motion of Mr. Kelly, Resolved, That the select committee appointed to draft to memorial to Congress on the subject of relinquished lands, be instructed to embrace in said memorial, such alterations as may be desirable in relation to the public lands within the state; and also the fair claims of this state to the aid of the General Government in prosecuting useful works of internal improvement; and that two additional members be added to said committee: whereupon Messrs. Kelly and Martin were appointed.

On motion of Mr. Weissinger, the House then resolved itself into a committee of the whole on his Excellency's message.  Mr. Vining in the chair; and after some time spent in the consideration of the same, the committee then rose and Mr. Speaker resumed the chair; and Mr. Vining reported that the committee according to order, have had his Excellency's message under consideration, and have made sundry references thereon, and leave was asked until Monday next to report thereon: which was granted.

A bill to be entitled "An act to authorize Isham R. Houze to bring into this state, the salves of Susan B. Houze;" which was read a second time, and ordered to be engrossed for a third reading on Monday next.

Mr. Speaker laid before the House a communication from Grantland & Robinson, public printers, on the subject of public printing: Ordered, That said communication lie on table.  And then the House adjourned until Monday morning, 10 o'clock.