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Tuesday, Dec. 18th, 1827.

The Senate met pursuant to adjournment.

Mr. Abercrombie from the committee on county boundaries to which was referred a resolution instructing them to enquire into the expediency of so altering the limits of the county of Wilcox as to make the Alabama river the western boundary line reported that it is inexpedient to make any alteration in the boundaries of said county at the present Session; which was concurred in.

Mr. Powell from the joint committee on enrolled bills as reported as correctly enrolled, an act supplementary to an act entitled an act concerning executions and sales by sheriffs, and for other purposes passed Dec. 20, 1820.

A Joint Resolution adopting a plan for the State Capitol; An act to divide the 22d Regiment of the militia of this State; An act to authorize Ansel Sawyer to erect a Mill on the Coosa River; An act to appoint commissioners for the county of Dale and for other purposes; An act to authorize Isham R. Houze to bring to this State the slaves of Susan B. Houze; and An act to establish a permanent seat of Justice in the county of Henry - all of  which were accordingly signed by Mr. President.

Mr. Brown from the special committee to which was referred a bill to be entitled, an act to revive and continue in force an act passed 31st Dec. 1822 entitled an act to incorporate the Town of Jonesborough in the county of Jefferson reported, the same as amended; which was concurred in.

Ordered, that the bill be engrossed and made the order of the day for a third reading to-morrow.

Mr. Hubbard introduced a bill to be entitled, an act better to regulate Judicial proceedings; which was read and ordered to a second reading to-morrow.

Engrossed bills entitled, an act to amend an act entitled an act to divide the State into districts for electing Representatives to Congress passed Dec. 21st 1822; and An act to incorporate the Franklin Academy in the Town of Russelville Franklin County, were severally read the third time and passed. Ordered that the titles of the bills be as aforesaid, and that they be reported to the House of Representatives for their concurrence.

A bill from the House of Representatives entitled, an act to amend an act incorporating the Town of Huntsville was read the third time and passed. Ordered, that it be returned to the House of Representatives.

A bill entitled an act to revive in part a certain act therein specified was read the third time and on the question being put "Shall the bill pass," it was determined in the affirmative-

Yeas

13,

nays

8.

The yeas and nays being desired, those who voted in the affirmative are, Messrs. Ashe, Barton, Brown, Casey, Hubbard, Irwin, Jones, McCamy Merriwether, Miller, Moore, Skinner and Sullivan.

Those who voted in the negative are, Mr. President, Abercrombie, Crabb, Earle, Evans, Jackson, Powell, and Shackleford. So the bill was passed, ordered that it be returned to the House of Representatives.

The bill to be entitled, an act to establish a seventh Judicial circuit was taken up, and the question being put on the adoption of the amendment offered by Mr. McCamy changing the time of building the courts in the 5th Judicial Circuit it was determined in the affirmative. Ordered, that the bill be engrossed and made the order of the day for a third reading to-morrow.

A bill to be entitled an act to provide for the location of the University of the State of Alabama was read the second time.


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Mr. Jackson offered the following amendment to the bill "SEC. 2. And be it further enacted, That if after ballotings no site be selected then the one having the lowest number of ballots shall be dropped at each successive balloting until a selection be made."

Mr. Hubbard moved that the bill together with the amendment lie on the table till Thursday next which was lost. -

Yeas

5,

nays

16.

The yeas and nays being desired those who voted in the affirmative are, Messrs. Hubbard, Moore, Shackleford, Skinner and Sullivan.

Those who voted in the negative are, Mr. President, Abercrombie, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Irwin, Jackson, Jones, McCamy, Merriwether, Miller and Powell.

The question was then put on the adoption of the amendment offered by Mr. Jackson to the bill and determined in the negative-

Yeas

7,

nays

14.

The yeas and nays being desired those who voted in the affirmative are, Mr. President, Barton, Brown, Crabb, Earle, Jackson & Powell.

Those who voted in the negative are, Messrs. Abercrombie, Ashe, Casey, Evans, Hubbard, Irwin, Jones, McCamy, Merriwether, Miller, Moore, Shackleford, Skinner and Sullivan. Ordered that the bill be engrossed and made the order of the day for a third reading to-morrow.

A bill to be entitled, an act to declare in what manner pardons and reprieves shall be granted and fines and forfeitures remitted, was read the second time and on the question being put "Shall the bill be engrossed and made the order of the day for a third reading to-morrow," it was determined in the affirmative-

Yeas

12,

nays

9.

The yeas and nays being desired, those who voted in the affirmative are, Mr. President, Abercrombie, Ashe, Hubbard, Irwin, Jackson, Jones, McCamy, Miller, Moore, Shackleford, and Skinner.

Those who voted in the negative are, Messrs. Barton, Brown, Casey, Crabb, Earle, Evans, Merriwether, Powell and Sullivan. So the bill was ordered to be engrossed for a third reading to-morrow.

A message from the House of Representatives by Mr. Tunstall their clerk- Mr. President the House of Representatives have read three several times and passed bills  which originated in their House entitled, an act to give a more summary remedy on bonds to keep the prison bounds and to surrender property with a view to take the insolvent oath; An act concerning affrays assaults and assaults and batteries; An act to alter the boundaries of certain counties therein named; and An act to authorize the county court of Butler County to make further sales of lots in Greenville- In all of which they desire your concurrence.

The bills mentioned in the foregoing message were severally read the first time in the Senate and ordered to a second reading to-morrow.

A bill to be entitled, an act to incorporate the Town of Tuskaloosa and to repeal an act incorporating said Town passed 13th Dec. 1819, was read the second time and ordered to be engrossed for a third reading on Thursday next.

A bill to be entitled an act to provide for ascertaining the sense of the citizens of Autauga County with regard to the seat of Justice in said county was read the second time and ordered to a third reading to-morrow.

A bill to be entitled, an act to repeal so much of the 3d section of an act entitled, on act to reduce the expenses of the General Assembly and for other purposes passed at Cahawba the 15th June 1821 as is herein specified was read the second time and ordered to be engrossed for a third reading to-morrow.


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Mr. Barton introduced a bill to be entitled, an act to provide for reports of the decisions of the Supreme Court, which was read and ordered to a second reading to-morrow.

Mr. Crabb moved to reconsider the vote of the Senate, on the question to order to be engrossed for a third reading the bill to be entitled, an act concerning the importation of Slaves into this State; which was carried-

Yeas

12,

nays

9.

The yeas and nays being desired those who voted in the affirmative are, Messrs. Abercrombie, Ashe, Barton, Brown, Crabb, Earle, Evans, Irwin, Jones, McCamy, Shackleford, and Sullivan.

Those who voted in the negative are, Mr. President, Casey, Hubbard, Jackson, Merriwether, Miller, Moore, Powell and Skinner.

Ordered, that the bill be committed to a special committee consisting of Messrs. Crabb, Abercrombie, and Shackleford, to consider and report thereon.

Mr. Shackleford offered the following resolution: Resolved, That the military committee be instructed to enquire into the expediency of furnishing one copy of Scott’s abridgement of discipline to all the militia officers of this State.

Mr. Hubbard offered the following amendments to the Resolution “and that the committee report to this House the estimated cost per copy;” which was rejected. The Resolution was then adopted.

Mr. Brown called up the bill to be entitled, an act to authorize John Smith of Jefferson County to emancipate a certain slave therein named.

Ordered, that the bill be engrossed for a third reading to-morrow.

On motion of Mr. Shackleford ordered that Mr. Hubbard be added to the military committee.

Mr. Jackson called up the bill to be entitled, an act to authorize Mahala Farrar to emancipate a mulatto woman slave named Patience.

Ordered, that the bill be engrossed for a third reading to-morrow.

Mr. Barton called up the bill to be entitled, an act to emancipate certain persons therein mentioned. Ordered that it be engrossed and made the order of the day for a third reading to-morrow.

On motion of Mr. Hubbard the bill to be entitled, an act to emancipate certain slaves therein mentioned, was taken up and ordered to a third reading to-morrow.

Mr. Crabb offered the following resolution: Resolved, That the Judiciary committee be instructed to enquire into the expediency of so amending the law now in force as to make all executions from Justices of the Peace sent from one county to another to be directed to the Sheriff of the county to which they may be sent; which was adopted.

Mr. Casey called up the report of the commissioner adopted by a Resolution of the last Session of the Legislature to view and report the damages which the lot holders who bought at the fist sale of the lost in the Town of Cahawba have sustained in the diminished value of their property by the removal of the seat of Government from Cahawba.

On motion of Mr. Casey ordered, that the report, together with the accompanying documents be referred to the committee on propositions and grievances to consider and report thereon.

On motion of Mr. McCamy ordered that Mr. Casey be added to the committee on propositions and grievances.

The report of the commissioners is as follows:--

To the Senate and House of Representatives of the State of Alabama in


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General Assembly convened, The undersigned commissioners appointed by a Resolution of the last Session of your honorable body to view and report to the present Session of the Legislature the damages which the lot holders who bought at the first sale of lots in the Town of Cahawba have sustained in the diminished value of their property by the removal of the seat of Government from said Town and to enquire on what terms the holders of said lots purchased the lots by them relinquished and applied to complete the payment of lots retained by them on the original purchase previous to the meeting of the convention and whether the lots purchased at the first sale and relinquished were applied in payment of the lots retained by the original purchasers, beg leave to make the following exposition of facts. That they met at the Town of Cahawba and after taking the oath as required by the said resolution proceeded to the discharge of the duty imposed upon them, and in their investigation find one hundred and eighty-four lots were sold in May 1819, out of that number fifty-one have been paid for & eighty-one relinquished in conformity to the different acts of the Legislature and applied to the payment of those retained- of the remaining fifty-two we are unable to say what disposition has been made. Reference to the following statements shewing the present holders of lots at the first sale of Cahawba on which complete payments have been made, at what price purchased, the amount paid thereon in cash, the amount paid by relinquishment of other lots purchased at the first sale, what lots relinquished and to what the payments made by such relinquishment have been applied, and the amount paid by discount allowed by law, the estimated value of the property if the seat of Government had remained in Cahawba; the present value and the estimated loss on each lot by the removal of the seat of Government will fully appear.

It will be perceived that the objects contemplated in the Resolution of your honorable body are fully embraced in the above statement- but in order to make the views of the undersigned more fully understand, it may be necessary to state, that unimproved lots were rated at their original cost; that being the only data upon which they conceive a correct opinion could be formed and that complete payments were made on the thirteen last mentioned lots in said statement by relinquishing lots purchased at the second sale.

The undesigned have avoided entering into any arguments in relation to the subject matter referred to them, they only endeavour to get at the facts- all of which as far as they can ascertain them are respectfully submitted.

(Signed)     N. E. BENSON.

GEO. PHILIPS,

GEO. WEISINGER,

State of Alabama }

Dallas County.     }

To the Honorable the Senate and House of Representatives of the State of Alabama.

We were present in May 1819 when Governor Bibb sold the lots in the Town of Cahawba, and he distinctly and repeatedly authorized the crier Benjamin Clements to proclaim that in purchasing the lots they purchased a permanent interest in the seat of Government of Alabama, that he was so authorized to say both by the acts of our Legislature and by the acts of the Government of the United States (the donors.)

In consequence of this understanding by the purchasers the lots said for enormous prices, far above any price which would have been given without this understanding derived from so respectable a source.

NOVEMBER, 20th 1827.     (Signed)


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U. G. MITCHELL

JESSE BEENE,

THOMAS G. WILSON,

W. W. GARY,

JNO. W. RINALDI,

GEO. G. BROOKS,

WM. CURTIS,

I do certify in was the understanding by those who passed the law making Cahawba the seat of Government, that it was to be the permanent seat of the State Government, and in consequence of that understanding at the first sales the lots sold at the price they did- but for that impression they would not have sold for the prices they did sell at.

December 12th, 1827. (Signed)  

         GEO. PHILLIPS.

And then the Senate adjourned till to-morrow morning at 10 o'clock.