WEDNESDAY, November 28th, 1827.

The House met pursuant to adjournment.

Mr. Walker offered the following resolutions:- Resolved, that the committee on the State Capitol, be instructed to enquire and report to this House, what would be the probable cost of the Capitol, if erected according to the plan proposed and adopted at the last session of the Legislature.

And be it further resolved, That the committee on the State Capitol, be instructed to procure from Mr. Nichols, the Architect, a plan for the State Capitol, which will not cost a greater sum than that already appropriated for that purpose, with instructions to report the same to this House as early as possible:- And whereas, it is probable that the plan of the Capitol will be changed for a more suitable one- therefore, Be it further resolved, That the committee on the State Capitol, be instructed to direct the commissioners appointed to conduce and superintend the building of the Capitol, to desist from making further contracts in that behalf, until they receive other and further instructions from the Legislature.  Mr. Moore of Jackson moved to strike out the second number of the resolution, which was carried, yeas 31, nays 24.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Bell, Bradford, Brown, Colgin, Conner, Daniel, Davis, Ellis, Edmondson, Forrest, Harris, Jack, Martin, McVay of Law. McRae of Frank. Moore of Jack. Perkins, Price, Rainey, Richardson, Robertson, Russell, Sargent, Sibley, Smith of Clarke, Smith of Mad. Stone, Tarver, Vining, Ward. 31.

Those who voted in the negative are, Mr. Acklen, Anderson, Broadnax, Bridges, Bonnell, Clark, Coopwood, Dennis, Durrett, Duke, Higgins, Lawler, McVay of Laud. Massey, McRae of Mon. Moore of Mad. Rather, Sharp, Terry, Vaughan, Walker, Walthal, Weissinger, Wiggins, 24.

A division of the question being called for, the vote was first taken on the adoption of the first number of the resolutions, which was carried, the resolution was then adopted.


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Mr. Daniel then moved to lay the second or last number of the resolution on the tale, which was lost, yeas 23, nays 32.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Bell, Brown, Bonnell, Colgin, Conner, Coopwood, Daniel, Davis, Durrett, Ellis, Edmondson, Forest, Harris, Jack McVay of Laud. McVay of Law. McRae of Frank. Perkins, Rainey, Richardson, Sargent, Smith, of Mad. Vining- 23.

Those who voted in the negative, are, Acklen, Anderson, Bradford, Broadnax, Bridges, Clark, Cook, Dennis, Duke, Higgins, Lawler, Martin, Massey, McRae of Mon, Moore of Jack. Moore of Mad. Price, Rather, Robertson, Russell, Sharp, Sibley, Smith, of Clark, Stone, Tarver, Terry, Vaughan, Walker, Walthal, Ward, Weissinger, Wiggins- 32.  The resolution was then adopted.

Mr. Vining, from the select committee to whom was referred the petition of sundry inhabitants of the county of Madison, praying an alteration in the mode of supporting paupers, and for other purposes, Reported a bill to be entitled "an act to provide for the support of Paupers," which 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.

Mr. Sibley, from the select committee to whom was referred the petition of China Evans, and an accompanying memorial of sundry inhabitants of Baldwin county, Reported a bill to be entitled “An act to emancipate a certain slave therein named;” which was read a first time and ordered to be read a second time.

Mr. Vaughan obtained leave to introduce a bill to be entitled “an act relative to offsets before Justices of the Peace;” which was read a first time, and ordered to be read a second time.

On motion of Mr. Vaughan, Resolved, That the select committee appointed to memorialize Congress on the subject of public lands, be instructed further to inquire into the propriety of petitioning Congress that applicants may divide quarter sections as well east and west, as north & south; and that they hereafter sell and allow entries of tracts of forty acres.

Mr. Clark obtained leave to introduce a bill to be entitled: “An act limiting the duties of Grand Jurors;” which was read a first time and ordered to be read a second time.

Mr. Durrett from the select committee to whom was referred the petition of the citizens of the first worship, and Range No. 8, west of the meridian of Huntsville, situated in the county of Lauderdale, Reported a bill to be entitled “An act to authorize the commissioners of the 16th section of the first township and eighth range west of the meridian of Huntsville, situated in the county of Lauderdale, to lease said section for ninety nine years, renewable forever;” which was read a first time, and ordered to be read a second time.

Mr. Bell obtained leave to introduce a bill to be entitled “an act declaring Elk river, and Big Shoal Creek, public highways;” which was read a first time and ordered to be read a second time.

A message from the Senate by Mr. Lyon.

Mr. Speaker- I am instructed to inform your Honorable body, that the Senate have passed bills of the following titles, to wit: an act for the relief of William Ferguson.  An act to amend an entitled an act to incorporate the town of Florence, in the state of Alabama.- In which they

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desire your concurrence.  And then he withdrew.

Mr. Vining obtained leave to introduce a bill to be entitled “An act to repeal an act passed 23d December, 1824, concerning divorce, and for other purpose;” which was read a first time.

Mr. Vining then moved that the rule requiring bills to be read on three several days, be dispensed with: and that the bill be read a second time forthwith- which was lost: there not being a constitutional majority voting in favor of the rule.  It was then ordered to be read a second time.

Mr. Smith of Clarke, offered the following resolution:   Resolved, That in as much as the Branch Bank of the United States' Bank at Mobile, is considered a nuisance and an injury to the inhabitants of this state; Resolved therefore, that the committee on Ways and Means be instructed to inquire into the expediency of laying a tax on all citizens within the limits of this state, who may deal with or receive any accommodations from the said Branch Bank of the Band of the United States at Mobile, either by Check, Note, Bill of Exchange, or otherwise; and reported the same to this House.

Mr. Jack moved that the resolution lie on the table; which was carried.

On motion of Mr. Stone Resolved, that a committee be appointed who shall act as a joint committee with such committee as may be appointed on the part of the Senate, to examine the library of the state and report its condition- and what, if any, regulations may be necessary for the same.  Whereupon Messrs. Stone, Jack, Coopwood, and Craig, were appointed said committee.

Mr. rather presented the annual Reported of the Quarter Master General; which was read and referred to the military committee.

Mr. Rather obtained leave to introduce a bill to be entitled “an act giving longer stays on executions from Justices of the Peace, and a longer time for constables to return executions directed to them by a Justice of the Peace: which was read a first time- and the question being put shall this bill be read a second time?  it was determined in the affirmative - yeas 45- nays-17.

The yeas and nays being desired, those who voted in the affirmative are Messrs. Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Collier, Conner, Coopwood, Craig, Daniel, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Harris, Higgins, Lawler, Martin, McVay of Law. Massey, McRae, of Frank. Moore, of Jack, Moore, of Mad Price, Rainey, Rather, Robertson, Sargent, Sharp, Smith of Clark, Smith of Mad. Tarver, Terry, Vaughan, Vining, Walker, Walthall, Ward, Weisinger, Wiggins- 45.

Those who voted in the negative are,

Mr. Speaker, Acklen, Clark, Cook, Davis, Greening, Jack, Kelly, Lewis, McVay of Laud. McRae of Mon. Perkins, Richardson, Ross, Russell, Sibley, Stone.- 17.

Mr. Jack presented the account of John Davis, which was read and referred to the committee on accounts.

Mr. Jack presented the account of Thomas M. Davenport, which was read and referred to the committee on accounts.

Mr. Craig obtained leave to introduce a bill to be entitled “an act to authorise the raising of ten thousand dollars for the purpose of improving the navigation of the Tennessee river, through Colbert's Shoals, and for


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building a bridge across Shoal Creek:” which was read a first time, and ordered to be read a second time.

Mr. Ross, from the select committee to whom was referred a communication from George F. Salle, made the following Report. I am instructed by the select committee which was appointed on the part of this House to investigate the official conduct of Abner S. Lipscomb. one of the Judges of the Supreme court of this state, on charges preferred by George F. Salle, to state to the House, that in the preliminary steps they have taken, they find it necessary to have a messenger, or some person to summons and procure the attendance of witnesses, and have instructed me to recommend to the House, the immediate appointment of such an officer;- in which reported the House concurred.

A resolution proposing to go into the election of a sergeant at-arms, was then taken from the table.

Mr. Forrest moved to amend the resolution by adding after the word “Legislature,” the words “or so long as his services are required”- which was adopted.

Mr. Ross then moved to strike out the words “a sergeant at arms,” and substitute in lieu thereof  “a messenger,”  which was adopted.

Mr. Perkins moved to strike out the words “to day at the hour of 12 o'clock,” and insert the words “will instanter,” which was adopted- the resolution then as amended, was adopted.

The House then proceeded to the election of a messenger- whereupon James Rather was duly elected.

Mr. Greening from the Judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of passing a law, making it the duty of the Judges of the county courts to appoint one day in each month as return day, and of fixing said day uniformly throughout the state: Reported a bill to be entitled “an act to make the return days of the county court certain and uniform throughout the state:” which was read a firs time and ordered to be read a second time.

Mr. Greening from the Judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of repealing so much of the 16th section of an act passed the 27th day of December, 1814.” as makes it the duty of constables for want of goods and chattels, to take the body of the defendant by virtue thereof, Reported a bill to bill to be entitled “an act to repeal in part an act, passed 27th December, 1814,” which was read a first time and ordered to be read a second time.

Mr. Greening, from the Judiciary committee to whom was referred the petition of Samuel B. Ewing, Reported a bill to be entitled “an act to authorize Samuel B. Ewing, administrator of Thomas Ewing deceased, to sell and transfer real estate,” which was read a first time and ordered to be read a second time.

Mr. Greening from the Judiciary committee to whom was referred the petition of Ebenezer D. Washburn and Anna M. Washburn, Reported a bill to be entitled “an act to permit executors and administrators to sell the real estate of their testators or intestates, where it may be for the benefit of the heirs, which was read a first time and ordered to be read a second time.

Mr. Greening from the Judiciary committee to whom was referred a communication from the Honorable Abner S. Lipscomb, recommending the propriety of passing law placing accounts contracted for spirituous liquors on the same footing with gamine consideration.  Reported that it


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is inexpedient to pass the law recommended by the said communication: in which report the House concurred.

Mr. Greening, from the Judiciary committee to whom was referred a resolution instructing them to inquire what modification it is expedient to make in the Judiciary system of this state, Reported a bill to be entitled “an act to provide for the election Judges of the Supreme court,” which was read a first time.  Ordered, that said bill lie on the table and that two hundred copies be printed thereof, for the use of this house.

Mr. Stone presented the account of Joseph Owens, which was read and referred to the committee on accounts.

Mr. Coopwood from the committee on Divorce and alimony, to whom was referred the record and proceedings of the circuit court of Montgomery county, exercising jurisdiction in the case of William Travis against Elizabeth Travis for divorce, Reported a bill to be entitled “an act to divorce William Travis from Elizabeth Travis:” which was read a first time and ordered to be read a second time.

Mr. Rainey, offered the following resolution: Resolved that the committee on schools, colleges, and universities, and school and university lands, be instructed to inquire into the expediency of locating the state University at the present session, and report to this House- which was lost.

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 Florence, in the state of Alabama.  An act for the relief of William Ferguson, were severally read a first time, and ordered to be read a second time.

The House then proceeded to the orders of the day.- A bill to be entitled “an act to authorize John Soto and Leon Nicholas to emancipate certain slaves therein named."  The question was then put on Mr. Harris' amendment- which was lost: the bill was then read a second time, and ordered to be engrossed for a third reading.  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,” was read a second time and ordered to be engrossed for a third reading.  A bill to be entitled “an act making compensation to Jesse Beene for certain services by him rendered,” and for other purposes.

Mr. Coopwood moved to amend the caption of the bill by adding after the words “General Assembly” the words “of the state of Alabama” which was adopted- the bill was then referred to the committee on accounts.

A bill to be entitled “an act giving executions from Justices of the Peace the same force that executions have from circuit and county courts” which was referred to the Judiciary committee.

Engrossed bills of the following titles, to wit: "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 Masons, in the town of Florence."  “An act to amend an act incorporating the town of Huntsville,”   “An act supplementary to act entitled n act to alter and amend the charter of incorporation of the city of Mobile.”  “An act to extend the corporate limits of Bellefond.”  “An act to prevent the abatement of suits in certain cases.”  “An act for the relief of Bushrod W. Bell”- 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.


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A bill to be entitled “an act to incorporate the Blakely and Greenville Turnpike Company.

Mr. Cook moved to amend the fifteenth section, by striking out the words “between and a” with a view to insert the words “from an to;” which was adopted- The bill was then read a second time as amended, and ordered to be engrossed for a third reading.

Mr. Lawler obtained leave to introduce a bill to be entitled “an act to emancipate certain slaves therein named,” which was read a first time & ordered to be read a second time.

A bill to authorize the sheriff of walker county to execute precepts issued by Justices of the peace, was taken from the table and referred to the committee on the Judiciary.

Mr. Collier presented the record and proceedings of the circuit court of Tuscaloosa county, exercising chancery jurisdiction in the case of Peggy Seay by her next friend John Snider, against Nicholas Seay, for divorce; which was read and referred to the committee on divorce and alimony.  and then the House adjourned until tomorrow morning, 10 o'clock.