TUESDAY, November 27th, 1827.

The House met pursuant to adjournment.

The Speaker laid before the House the annual report of the Comptroller of public accounts, which was read:- Ordered, that said report together with the accompanying documents be laid on the table:- Ordered, that five hundred copies thereof be printed for the use of this House.

Mr. Sibley presented the account of James Conway sheriff of Baldwin county, which was read and referred to the committee on accounts.

Mr. Tarver presented the petition of William May and James Revnolds, praying the passage of a law, granting them remuneration as renters of the public ferry opposite the town of Cahawba, which was read ad referred to the committee on propositions and grievances.

Mr. Harris presented the accounts of the Sheriff of Washington county, which was read and referred to the committee on accounts.

Mr. Sibley presented the petition of China Evans and others, praying the passage of a law to emancipate a certain slave therein named, which was read and referred to a select committee, consisting of Messrs. Sibley Stone and Harris.

The Speaker laid before the House a communication from the Secretary of State, which was read.- Ordered, that said communication lie on the table:- Ordered, that one thousand copies thereof be printed for the use of this House.

Mr. Rainey presented the account of James Yates, late jailer of Green county, which was read and referred to the committee on accounts.

Mr. Smith of Clark presented a communication from the grand jury of Clarke county, praying the passage of some salutary law, having for its object the suppression of vice, which was read and referred to the judiciary committee,

Mr. Broadnax presented the account of Jordan Abbott, Sheriff of Autauga county, which was read and referred to the committee on accounts.

Mr. Broadnax presented the account of Jacob P. House, late Sheriff of Autauga county, which was read and referred to the committee on accounts.

Mr. Broadnax presented the account of Isaac Thacker which was read and referred to the committee on accounts.


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Mr. Cook presented the petition of sundry inhabitants of Pike county, praying the passage of a law, to annex part of Pike county to Butler county, which was read and referred to the committee on county boundaries.

Mr. Dennis presented the petition of sundry inhabitants of Dale county, praying the passage of a law extending to them the benefits of the judiciary system, which was read and referred to the judiciary committee.

Mr. McRae of Frank  presented the record and proceedings of the circuit court of Franklin county exercising chancery jurisdiction in the case of William O. Russell against Nancy G. Russell for divorce, which was read and referred to the committee on divorce and alimony.

Mr. Coopwood from the committee on divorce and alimony, to which was referred a resolution instructing them to enquire into the expediency of so amending the constitution as to make decrees of the courts of chancery final in all applications for divorce without the concurrence of two thirds of the General Assembly reported that it is inexpedient to Legislature upon that subject, in which report the House concurred.

The select committee appointed to wait on his Excellency Governor Murphy, and request a copy of the Inaugural address delivered by him on taking the oaths of office have performed the duty assigned them and received a copy of said address which is herewith submitted.  Said communication is as follows.

FELLOW CITIZENS, of the Senate and House of Representatives, I have the honor to appear again before you, to renew the solemnities of induction into an office which the kind confidence and partiality of the people still continue to entrust to me.  It is an easy task to frame the acknowledgements which are due to an ordinary obligation, but in the present instance, no language could express satisfactorily the grateful emotions of the heart; the deepest sensibility denies utterance or rejects it while I attempt to repay the favors bestowed on me by the people, I candidly confess that I am not satisfied with my ability, my services or my diligence I would desire to awaken new powers and to induce new habits of arduous action. If I have been able to effect any thing it has been in no degree commensurate with may wishes.  But the consolation is left that I have not ceased to be actuated by a constant and conscious desire, to serve faithfully those who are pleased to employ me.  In the future duties which may devolve upon me this desire will in no wise be diminished, on the present occasion and in this place, I may be indulged in making these observations, but it would be unnecessary to say more on a subject unavoidably personal in its character.  I view with the deepest interest, the labors which may engage the present session, and sincerely hope that the harmonious and united efforts of the powers of government may be able to effect whatever the common good may require, I shall enter upon the duties of my station anew strengthened by the appearance of your liberal support, and it will always be my pleasure as it cannot cease to be my duty, to give a cheerful and ready co-operation to the best of my knowledge and ability in the measures which may be devised to promote the advantage, happiness and reputation for the State.  I am now ready to take the obligations of office.  In retiring from the assemblage of both Houses, I pray you Honorable Gentlemen to receive the earnest assurances of my most profound respect consideration and esteem.

Mr. Sharp from the select committee to whom was referred the accounts of Jesse Beene, reported that said accounts are composed of char-


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ges against the State for interest and monies advanced for stationary for the use of the office of the clerk of the Supreme court for the transcribing in bound books, the opinion of the Judges of said court on cases therein adjudicated and for cost accruing to the said clerk on cases determined in said court against the State, your committee are of opinion that the item for interest on money advanced if established by proper evidence ought to be allowed.  Your committee are apprised of no law, which makes it an ex officio duty of the clerk of the supreme court to transcribe the opinions of the Judges of said court, nor are they advised that the State is under a moral obligation to receive and pay for the opinions thus transcribed, but as the books containing them have been accessible to the Judges and Lawyers for the purpose of reference and greatly facilitates their enquiries into the decisions of that court and inasmuch as they would greatly aid a reporter, should the Legislature think it expedient to appoint one, they recommend that the sum charged by Mr. Beene for this service be allowed him.  Your committee are of opinion, that the charge for cost upon State cases should not be allowed, but that services rendered by the Clerk in cases where the State is east, should be considered as ex-officio, were it to be determined otherwise, the Treasury of the State would be chargeable with immense debt.  Defendants witnesses in cases where the State has been unsuccessful Justices and Constables Clerks and Sheriff's would all look to the State for payment of cost accruing to them but once establish a precedent and every one coming within the reason of it must have its full benefit, in conformity to those views, your committee beg leave to report a bill to be entitled, an act making compensation to Jesse Beene, for certain services by him rendered and for other purposes, which was read a first time and ordered to be read a second time.

On motion of Mr. Harris:- Resolved, that the judiciary committee be instructed to enquire into the propriety of interdicting by law, the introduction of free persons of color into this State, and also to enquire into the necessity of passing some general law for the emancipation of salves without the intervention of the General Assembly, and what additional regulations, if any are necessary for the government of resident free persons of color.

On motion of Mr. Terry:- Resolved, that the members of this House furnish the chairman of the committee on privileges and elections, certificates of their respective elections.

On motion of Mr. Forrest:- Resolved, that the committee on schools colleges and universities, and school and university lands, be instructed to enquire into the expediency of reducing the minimum price at which the university lands of this State may be entered below the price established by the act of the 13th of January 1826, entitled “an act to class and fix the price of the university lands,” and that the said committee report by bill or otherwise.

On motion of Mr. Terry:- Resolved, that the committee on ways and means be instructed to enquire into the expediency of so altering the revenue law of this State, as to make it the duty of the several assessors and collectors of taxes, to commence their assessments and collections, and make their payments into the state and county Treasuries at an earlier period, in each and every year, than is now required by law.

On motion of Mr. Forrest:- Resolved, that the judiciary committee be instructed to enquire into the expediency of revising consolidating and


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reducing into one the several acts now in force in the state, on the subject of the probate of wills, and granting letters of administration.

On motion of Mr. Massey:- Resolved, that the judiciary committee be instructed to enquire into the expediency of passing an act to prevent frivivolous and vexations presentments by grand juries, and that such act shall provide that no criminal prosecution shall be instituted in any court whatever, for assaults and batteries, unless one of the parties to the assault and battery shall appear in open court, and leave his or her name entered on the Dockets prosecutor of the suit.

On motion of Mr. Walker:- Resolved, that the judiciary committee be instructed to enquire into the expediency of providing by law, that the Judges of the supreme court shall not require more than two briefs to be filed in any one case.

Mr. Daniel obtained leave to introduce a bill to be entitled, an act better to secure the benefit of the laws exempting certain property from execution, to poor families of this state, which was read a first time and ordered to be read a second time.

Mr. Rather obtained leave to introduce a bill to be entitled, an act giving executions from Justices of the peace, the same force that executions have from the circuit and county courts, which was read a first time and ordered to be read a second time.

Mr. Speaker laid before the House the annual report of the State Treasurer, which was read:- Ordered, that the same lie on the table, and that five hundred copies thereof be printed for the use of this House.

On motion of Mr. Collier- Resolved, that a select committee be appointed to adopted and report to this House, a memorial to the Congress of the United States, praying that the States admitted into the Union since the last extension of the federal judiciary system, be admitted to a participation of its benefits; whereupon, Messrs. Collier, Acklen, Tarver, Jack, and Walker, were appointed said committee.

Mr. Speaker laid before the House a communication from George F. Salle, charging Abner s. Lipscomb Chief Justice of the State of Alabama, with corruption and malpractices in office, which was read, and, on motion of Mr. Ross: Resolved, that the address of George F. Salle, presenting charges against Abner S. Lipscomb one of the Judge of the Supreme court of this State, be referred to a select committee for investigation, and that said committee have power to send for persons and papers, whereupon Messrs. Ross, Kelly, Greening, Lewis, and Collier, were appointed said committee.

Mr. Anderson offered the following resolution:- Resolved, that this House to day, at the hour of 12 o'clock will go into the election of a sergeant at arms, for the service of this House, for and during the present session of the Legislature, which was laid on the table.

The House then proceeded to the order of the day: Engrossed bills to be entitled an act to repeal in part and amend the several acts now in force relative to the port and harbor of Mobile, 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 to incorporate the Blakely and Greenville turnpike company, was laid on the table.

A bill to be entitled, an act supplementary to an act entitled an act to alter and amend the charter of incorporation of the city of Mobile, was read a second time; and the question being put, shall this bill be engross-


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ed and read a third time, it was determined in the affirmative,

Yeas

50,

nays

10.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Acklen, Anderson, Bell, Brown, Broadnax, Bridges, Bonnell, Colgin, Conner, Cook, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McRae of Mon. McRae of Frank. Moore of Jack. Moore of Mad. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walthal, Weisinger Wiggins, 50.

Those who voted in the negative are, Mr. Bradford, Clark, Collier, Coopwood, Craig, McVay of Laud. McVay of Law. Massey, Walker, Ward, 10.

Evening session half past 2 o'clock.

The House met pursuant for adjournment:- Bills of the following titles, to wit:- An act to extend the corporate limits of Bellefont:- An act to prevent the abatement of suits in certain cases:- An act to provide for the arranging filing and preservation of the papers relating to unfinished business of each session of the Legislature:- An act for the relief of Bushrod W. Bell, were severally read a second time and ordered to be engrossed for a third reading.

A bill to be entitled, an act authorize John Soto and Leon Nicholas to emancipate certain slaves therein named- Mr. Harris moved to amend the bill by way of the following proviso:- Provided also, that said slaves shall leave this stat within twelve months after the passage of this act, and shall never return to reside therein, the bill was then laid on the table.

A bill to be entitled, an ac to alter the boundary line between the counties of Shelby and Autauga, was laid on the table.

A bill to be entitled an act to authorize the sheriff of Walker county to execute precept issued by Justices of the peace:- Mr. Martin moved to amend the first section of the bill, by adding after the word cases the words 'be subject to the same remedies prescribed by law against Constables for neglect of duty,’ and Mr. Weissinger moved that the bill lie on the table, which was carried.

A bill to be entitled an act to provide a summary mode for the trial of assaults and batteries.

Mr. Ross moved that the further consideration of the bill be indefinitely postpojed, which was carried,

Yeas

38,

nays

22.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Bonnell, Colgin, Collier, Conner, Cook, Dennis, Edmondson, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McRae of Mon. Moore of Mad. Perkins, Richardson, Ross, Robertson, Sharp, Sibley, Stone, Tarver, Terry, Vining, Walker, Walthal, Ward, Wiggins, 38.

Those who voted in the negative are, Mr. Broadnax, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Durrett, Duke, Ellis, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of Jack, Rainey, Rather, Russell, Sargent, Smith of Mad. Vaughan, Weissinger, 22.

A bill to be entitled, an act to provide for the choosing Electors of President and Vice President of the United States.

Mr. Rather moved to amend the 5th section by striking out the word


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“twelve,” and substituting in lieu thereof, the word “twenty”, which was carried, the bill was then referred to the judiciary committee.

Engrossed bills of the following titles, 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 provide for an extra term of the Circuit Court in Mobile county.

An act prescribing the mode of commencing the contest of certain elections, and procuring evidence therein, 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 the concurrence.

Engrossed bill to be entitled, an act to emancipate certain slaves therein mentioned, was read a third time.  Mr. Harris moved to amend the bill by way of the following engrossed rider:- Provided, that said slave shall leave this state within twelve months after the passage of this act, and shall never return to reside therein, 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 at to authorize John Soto and Leon Nicholas to emancipate certain persons therein named, was then taken up; and then the House adjourned until tomorrow morning 9 o'clock.