Wednesday, Dec. 19th, 1827.

The Senate met pursuant to adjournment.

Mr. Miller presented the petition of sundry citizens of Madison County residents of Township No. 1 Range 2 east of the basis meridian, urging their objections to a sale of the 16 section in said Township: which was referred to the committee on Schools and Colleges and School and College lands to consider and report thereon.

Mr. Sullivan presented the petition of James Holmes and of others in his behalf praying that said Holmes may be remunerated for a slave executed in pursuance of law; which was read and ordered to lie on the table.

Mr. Powell from the Joint committee on enrolled bills reported as correctly enrolled, an act to amend an act to authorize Clerks and Magistrates to collect costs in certain cases; which was accordingly signed by Mr. President.

Mr. Barton from the committee on the Judiciary to whom was referred a Joint Resolution proposing an amendment to the 13th section of the 5th article of the constitution reported, a substitute for the original Resolution as an amendment; which was concurred in.

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

Mr. Barton from the same committee to whom was referred a bill to be entitled, an act defining the liability of endorsers and for other purposes reported, that it is inexpedient in the opinion of the committee to pass the bill, and on the question being put on concurring in said report it was determined in the negative.-

Yeas

8,

nays

13.

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

Those who voted in the negative are, Messrs. Ashe, Casey, Crabb, Evans, Hubbard, Irwin, Jones, McCamy, Merriwether, Miller, Moore, Skinner, and Sullivan.

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

Mr. Barton from the same committee to whom was referred a bill (from the House of Representatives) entitled an act to repeal in part an act passed the 27th Dec. 1814, reported the same as amended; which was concurred in.

Ordered, that the bill be read the third time to-morrow.

Mr. Casey introduced a bill to be entitled, an act to repeal an act entitl-


72

ed an act to provide for the payment of petit jurors in certain counties there in named, approved Dec. 22d 1826 so far as said act relates to the county of Dallas; which was read, and ordered to a second reading to-morrow.

A message from the House of Representatives by Mr. Tunstall their clerk-- Mr. President the House of Representatives have passed a bill which originated in the Senate entitled, an act to give Justices of the Peace jurisdiction of certain contracts therein named.

They have passed bills which originated in their House entitled, an act to repeal in part an act passed the 12th day of January 1827 entitled, an act to require additional services to be performed by the Judge of the first Judicial circuit in this State; An act for the relief of James Holmes; An act altering the punishment of Forgery and Counterfeiting in certain cases; An act to amend a certain act therein named; An act to authorize county courts to alter State Roads in certain cases; An act to authorize the Administrator of Daniel Mitchell to make and receive assurances of title to certain real estate; and An act to define the corporate limits of the Town of Sparta in Conecuh County and for other purposes- In all of which they desire your concurrence.

They concur in the amendment made by your honorable body to the bill entitled an act to alter the boundary line between the counties of Shelby and Autauga, and have amended the amendment made by the Senate to the bill by striking out the words "thirteen;" In which amendment they desire your concurrence.

Ordered, that the Senate concur in the amendment made by the House of Representatives to their amendment to the bill entitled, an act to alter the boundary line between the counties of Shelby and Autauga.

Ordered, that the Secretary acquaint the House of Representatives therewith.

The bills mentioned in the foregoing message from the House of Representatives and which originated in the House, was severally read the first time in the Senate and ordered to a second reading to-morrow.

An engrossed bill to be entitled an act to form a seventh Judicial circuit, was read the third time and passed-

Yeas

17,

nays

4.

The yeas and nays being desired those who voted in the affirmative are, Mr. President, Abercrombie, Ashe, Barton, Brown, Crabb, Earle, Hubbard, Irwin, Jackson, McCamy, Merriwether, Miller, Moore, Powell, Shackleford, and Skinner.

Those who voted in the negative are, Messrs. Casey, Evans, Jones, and Sullivan. So the bill was passed. Ordered, that the title be as aforesaid, and that the bill be reported to the House of Representatives for their concurrence.

An engrossed 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 third time and passed.-

Yeas

11,

nays

10.

The yeas and nays being desired on the passage of the bill those who voted in the affirmative are, Mr. President, Abercrombie, Ashe, Hubbard, Irwin, Jackson, McCamy, Miller, Moore, Shackleford, and Skinner. - Those who voted in the negative are, Messrs. Barton, Brown, Casey, Crabb, Earle, Evans, Jones, Merriwether, Powell, and Sullivan.

So the bill was passed, ordered, that the title of the bill be as aforesaid, and that it be reported to the House of Representatives for concurrence.

An engrossed bill to be entitled an act to repeal so much of the 3d section of an act entitled, an act to reduce the expenses of the General As-


73

sembly and for other purposes passed at Cahawba 15th June 1821 as herein specified, was read the third time and passed.

Ordered, that the title of the bill be as aforesaid, and that it be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled, an act to authorize Mahala Farrar to emancipate a mulatto woman slave named Patience, was read the third time and on the question "shall the bill pass?" it was determined in the negative-

Yeas

10,

nays

11.

The yeas and nays being desired those who voted in the affirmative are, Mr. President, Abercrombie, Barton, Brown, Crabb, Earle, Hubbard, McCamy, Powell, and Shackleford.

Those who voted in the negative are, Messrs. Ashe, Casey, Evans, Irwin, Jackson, Jones, Merriwether, Miller, Moore, Skinner, and Sullivan so the bill was rejected.

An engrossed bill to be entitled an act to provide for the location of the University of the State of Alabama was read the third time and on the question being put “shall the bill pass?” it was determined in the affirmative-

Yeas

15,

nays

6.

The yeas and nays being desired those who voted in the affirmative are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Irwin, Jackson, Jones, McCamy, Merriwether, Miller, Moore and Powell.

Those who voted in the negative are Messrs. Abercrombie, Evans, Hubbard, Shackleford, Skinner, and Sullivan, so the bill was passed.

Ordered that the caption be as aforesaid and that it be reported to the House of Representatives for their concurrence.

An engrossed bill to be entitled an act to authorize John Smith of Jefferson County to emancipate a certain slave therein named, was read the third time and passed-

Yeas

13,

nays

7.

The yeas and nays being desired those who voted in the affirmative are, Mr. President, Abercrombie, Barton, Brown, Casey, Crabb, Earle, Hubbard, Irwin, McCamy, Merriwether, Powell and Skinner.

Those who voted in the negative are, Messrs. Ashe, Evans, Jackson, Jones, Miller, Moore and Sullivan. Ordered that the bill be sent to the House of Representatives for their concurrence.

Mr. Jackson moved to reconsider the vote of the Senate on the passage of the bill entitled, an act to authorize Mahala Farrar to emancipate a mulatto woman slave named Patience; which was carried.

Ordered that the bill lie on the table ordered, that the engrossed bill entitled, an act to emancipate certain persons therein mentioned lie on the table till to-morrow.

A bill to be entitled an act to emancipate certain slaves therein mentioned was read the third time and laid on the table till to-morrow.

Bills from the House of Representatives 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; and An act to provide for ascertaining the sense of the citizens of Autauga County with regard to the seat of Justice in said county, were severally read the third time and passed. Ordered that they be returned to the House of Representatives.

A bill to be entitled, an act to provide for reports of the decisions of the Supreme Court was read the second time and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled, an act better to regulate Judicial proceedings

K


74

was read the second time and referred to the committee on the Judiciary to consider and report thereon.

A bill to be entitled, an act concerning affrays, assaults and assaults and batteries, was read the second time and ordered to lie on the table.

A bill to be entitled an act to authorize the county court of Butler County to make further sales of lots in Greenville was read the second time and ordered to a third reading to-morrow.

A bill to be entitled an act to alter the boundaries of certain counties therein named was read the second time and referred to the committee on county boundaries to consider and report thereon.

A bill to be 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, was read the second time and referred to the committee on the Judiciary to consider and report thereon.

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