Thursday, Dec. 27th, 1827.

The Senate met pursuant to adjournment.

Mr. McCamy from the committee on propositions and grievances to which was referred a bill to be entitled, an act for the relief of Richard Corre, John Duncan jr. and Henry Center, reported the same without amendment.

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

Mr. McCamy from the same committee to which was referred the memorial of John D. Terrell, reported a bill to be entitled, an act to make further compensation to John D. Terrell for services rendered in closing the unsettled accounts between this State and Mississippi; which was read and ordered to a second reading to-morrow.

Mr. McCamy from the same committee to which was referred the petition of William B. Allen, claiming indemnity for losses sustained as public Printer, reported that the prayer of the petition is unreasonable  and ought not to be granted.


91

On motion of Mr. Casey ordered, that the report lie on the table.

Mr. McCamy from the same committee to which was recommitted, a report heretofore made by the committee on propositions and grievances upon the subject of the losses sustained by the first purchasers of lots in the Town of Cahawba, in consequence of the removal of the seat of government from said Town, and also sundry other documents relating thereto reported "that the committee are of opinion that the purchasers and holders of Lots sold at the first sale of Lots in the Town of Cahawba have sustained damage in consequence of the removal of the seat of Government from said Town- but to what amount your committee are not informed," which was concurred in.

Mr. Powell from the Joint committee on enrolled bills reported as correctly enrolled, an act relative to offsets before Justices of the Peace and for other purposes; An act to alter the boundary line between the counties of Shelby and Autauga; An act to revive and continue in force an act passed the 31st day of Dec. 1822 entitled, an act to incorporate the Town of Jonesborough in the county of Jefferson; An act to provide for ascertaining the sense of the citizens of Autauga County with regard to the seat of Justice in said county; An act to incorporate the Blakely and Greenville Turnpike Company- all of which were accordingly signed by Mr. President.

Mr. Barton from the Judiciary committee to which was referred a bill to be entitled, an act regulating Judicial proceedings, 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. Barton from the same committee to which was referred a bill to be entitled, an act concerning the estates of deceased persons, reported the same as amended; which was concurred in.

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

Mr. Barton from the same committee to which was referred a bill to be entitled, an act declaring Elk river and Big Shoal creek public Highways, reported that it is inexpedient to pass the bill; which was concurred in.

Mr. Abercrombie from the committee on county boundaries to which was referred a resolution on the subject reported a bill to be entitled an act to annex additional Territory to Bibb County so as to make the same constitutional, which was read and ordered to a second reading tomorrow.

Mr. Casey moved to reconsider the vote of the Senate on the passage of the bill entitled, an act for the relief of Dugald McFarlane, which was carried. Ordered, that the bill lie on the table.

Mr. Jackson offered the following resolution: Resolved, That the Joint resolutions proposing amendments to the constitution of the State of Alabama, be referred to the Judiciary committee with instructions to amend the same so as to provide for the election of the Judge of each Circuit in this State by the qualified voters thereof.

Mr. Casey proposed a question of order and called upon the President to determine, whether, or not, the resolution offered by Mr. Jackson, was in order, the Joint resolution to which it relates not being actually under consideration. The President determined the question in the affirmative, and decided that it was not competent for him so far to control the proceedings of the Senate as to declare the resolution out of order- and that the


92

resolution presented a question properly determinable by the Senate.

From the decision Mr. Casey appealed to the Senate and the question being put on sustaining the decision of the President, it was determined in the negative. - Yeas 7, nays 13.

The yeas and nays being desired, those who voted in the affirmative are, Messrs. 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.

On motion of Mr. Jackson the Joint resolution proposing amendments to the constitution of the State of Alabama was then taken up for consideration.

Mr. Jackson thereupon offered the following resolution: Resolved, That the Joint resolutions proposing amendments to the constitution of the State of Alabama be referred to the Judiciary committee with instructions to amend the same so as to provide for the election of the Judge of each Circuit in this State by the qualified voters thereof; which was rejected.-  Yeas 7, nays 14.

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

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

The Joint resolution proposing amendments to the constitution of the State of Alabama, was then read the third time and ordered to lie on the table till to-morrow.

Mr. Miller moved to suspend the resolution prohibiting the introduction of new business after Monday last with a view of offering a resolution, which he read; which motion was lost.

A message from the House of Representatives by Mr. Tunstall their clerk- Mr. President, the House of Representatives have read three times and passed a bill which originated in the Senate entitled, an act to authorize the Judge of the county court and the commissioners of revenue and roads of Tuskaloosa County to hold a special court.

They have also passed a Joint Resolution instructing His Excellency the Governor to cause the remains of the late Isreal Pickens to be removed from the Island of Cuba to his late residence in Greene County.

They have passed bills which originated in their House entitled, an act to amend and explanatory of an act to authorize William H. Ragsdale and his associates to Turnpike a road therein specified, passed 14th day of January 1826; an act to apportion the Representatives among the several counties in this State and divide the State into Senatorial districts according to the late census; An act for the relief of William Jones of Walker County; An act to provide for the support of paupers in the counties of Madison, Autauga, Tuskaloosa and Clarke; and An act to divorce Winney Gaines from Francis T. Gaines- In which they desire your concurrence.

They have adopted the following Resolution in which they desire your concurrence. Resolved, That with the concurrence of the Senate the two Houses will assemble in the Representative Hall at 3 o'clock P. M. on Saturday next for the purpose of electing a Judge of the county court for the county of Autauga.


93

Bills from the House of Representatives entitled, an act to apportion the Representatives among the several counties in this State and divide the state into Senatorial districts according to the late census; An act for the relief of William Jones of Walker County; An act to divorce Winney Gaines from her husband Francis T. Gaines; and An act to provide for the support of paupers in the counties of Madison, Autauga, Tuskaloosa, and Clarke, were severally read the first time and ordered to a second reading to-morrow.

A bill from the House of Representatives entitled, an act to amend and explanatory of an act to authorize William H. Ragsdale and his associates to Turnpike a road therein specified passed 14th day of January 1826, was read and the rule requiring bills to be read on three several days being dispensed with, the bill was read the second and third time forthwith and passed.

A Joint resolution instructing His Excellency the Governor to cause the remains of the late Israel Pickens to be removed from the Island of Cuba to his late residence in Greene County, was read and ordered to a second reading to-morrow.

Mr. Jackson moved to amend the resolution from the House of Representatives proposing to elect a Judge of the county court of Autauga, on Saturday next at 3 o'clock by striking out 'three' and inserting “one o'clock,” which was carried.- The resolution as amended was then agreed to. Ordered, that the Secretary acquaint the House of Representatives therewith. And then the Senate adjourned till to-morrow morning at 10 o'clock.