Tuesday, January 1st, 1828.

The Senate met pursuant to adjournment.

Mr. Casey from the committee on Roads Bridges and Ferries to which was referred the petition of sundry citizens of Marion County upon the subject of laying out a public road in said county, reported that it is inexpedient to grant the prayer of the petitioners; which was concurred in.

Mr. Powell from the committee on enrolled bills reported as correctly enrolled, an act to aid in the endowment of a Humane Charity Hospital in the City of Mobile; 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; and, an act to emancipate certain persons therein in named. All of which were accordingly signed by Mr. President.

Mr. Hubbard offered the following resolution: Resolved That the committee on County boundaries be instructed to report to the Senate if practicable what counties in this State are so bounded that the precise contents in square miles cannot now be ascertained; which was adopted.

A bill to be entitled, an act regulating the fees of Sheriffs, Clerks, Attorney and other officers therein named, was taken up.

Mr. Brown offered the following amendment to the bill, "Provided that the officers of the counties of Jefferson, Henry, Pike, Dale, Covington, Marion, Pickens, Fayette and Walker, shall in no case be governed by the provisions of this act."

Mr. Barton moved to amend the amendment by exempting the counties


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of Mobile, Baldwin & Washington from the operations of the bill, which was carried.

Mr. Sullivan moved to exempt Perry County, which was carried.

Mr. Jones moved to exempt Conecuh, & Butler; which was carried.

Mr. Shackleford moved to exempt Shelby County from the operation of the law; which was carried.

Mr. McCamy moved to exempt Jackson County, which was carried.

Ordered, that the bill be referred to a special committee consisting of Messrs. Casey Barton and Hubbard to consider and report thereon.

Engrossed bill entitled, an act to provide the Clerks of the several counties in this State, with copies of the acts of the present, and subsequent Sessions of the Congress of the United States, 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.

A bill to be entitled, an act for the relief of Caswell R. Clifton tax collector of Madison County, was read the second time and laid on the table.

Engrossed, memorial to the Congress of the United States praying a donation of the relinquished and unsold lands lying in the Huntsville land District for the improvement of the navigation of the Tennessee River, was read the third time and passed. Ordered, that it be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled, an act for the appointment of an engineer to make a survey and estimate of the expense of opening the Muscle Shoals in the Tennessee River, was read the third time.

Mr. Barton moved to amend the bill with the following “to co-operate with the Engineer Corps of the United States in making an estimate &c,” so as to require the Engineer to be appointed to join the United States Engineers in making the examination &c; which was rejected.- Yeas 8, Nays 12.

The yeas and nays being desired, those who voted in the affirmative are, Messrs. Ashe, Barton, Casey, Evans, Irwin, Merriwether, Moore & Sullivan.

Those who voted in the negative are, Mr. President, Brown, Crabb, Earle, Hubbard, Jackson, Jones, McCamy, Miller, Powell, Shackleford & Skinner.

Mr. Crabb moved to amend the bill by way of Ryder by adding the names of Isaac Lane, Malcomb Gilchrist and Col. James McDonald as additional commissioners, which was carried

Mr. Jackson moved to fill the blank in the bill where it relates to the sum to be appropriated for defraying the expenses of procuring the Engineer to make the contemplated survey and estimate with five thousand dollars, which was lost. - Yeas 4, Nays 16.

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

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

Mr. Jackson then moved to fill the blank with four thousand dollars; which was lost.

Mr. Hubbard then moved to fill the blank with three thousand dollars which was carried.- The question was then put “Shall the bill pass?” And determined in the affirmative-- Yeas 13, Nays 7.

The Yeas and Nays be desired those who voted in the affirmative are, Mr. President, Ash, Barton, Brown, Crabb, Earle, Hubbard, Jackson, McCamy, Moore, Powell, Shackleford and Skinner.


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Those who voted in the negative are, messrs. Casey, Evans, Irwin, Jones, Merriwether, Miller and Sullivan.

Ordered, that the title of the bill as aforesaid and that it be sent to the House of Representatives. Engrossed bills to be entitled, an act to amend an act, entitled an act, to incorporate the school commissioners of the fourth Township and eighth Range, west from Huntsville, and for other purposes.

An act, regulating the duties of Attorneys at law, and for other purposes, and An act to declare Canoe Creek in St. Clair county, a public highway, were severally read the third time and passed- Ordered that the titles of the bills be as aforesaid, and that they be sent to the House of Representatives for concurrence- An engrossed bill to be entitled an act for the relief of Wyatt Cheatham was read the third time, amended by way of ryder on Mr. Powell's motion and passed- Ordered that the title of the bill be as aforesaid and that it be sent to the House for concurrence. An engrossed bill to be entitled, an act to revive an act therein specified, and for other purposes, was read the third time and rejected, Yeas 9. Nays 9.

The yeas and nays being desired on the passage of the bill those who voted in the affirmative are, Mr. President, Barton, Brown, Crabb, Evans, Hubbard, Jones, McCamy and Sullivan.

Those who voted in the negative are, messrs. Ashe, Casey, Earle, Irwin, Jackson, Merriwether, Moore, Powell and Shackleford.

Joint Resolution in relation to the Cherokee boundary: An act to amend an act entitled an act to incorporate the town of Mooresville and for other purposes passed 16th November 1818.

Joint resolution in relation to an exchange of sixteenth sections: An act for the relief of William Jones of Walker county, an act, to authorize the raising three thousand dollars for the purpose of building a bridge across Shoal creek, and an act to authorize Josiah D. Lister and Mr. of the estate of Charles Vivian deceased, to settle his accounts in the circuit court in Washington county were severally read the third time and passed, Ordered that they be returned to the House of Representatives.

A bill from the House of Representatives entitled, An act, to apportion the Representatives among the several counties in this State and to divide the State into Senatorial Districts according to the late census was read the third time.

Mr. Barton offered an amendment to the bill by way of ryder, requiring that the census of Mobile and Limestone counties shall be retaken and providing that said counties shall have one additional Representative each, if the representative population, when the census is correctly taken should entitle them thereto, which was read three several times and adopted: The bill was then passed as attended, Ordered, that it be returned to the House of Representatives.

A bill to be entitled, an act to amend an act to prohibit the importation of slaves into this State for sale of hire, 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 in relation to the Executive of this State, was read the second time. Mr. Barton moved to strike out "three hundred dollars" the sum appropriated to the Governor in addition to his salary for house rent and to insert five hundred dollars, which was lost. Mr. Casey moved that the bill lie on the table till, the first day of June next; which was lost:-- Yeas 4. Nays 15.

The yeas and nays being desired, those who voted in the affirmative are messrs. Casey, Jones, McCamy and Sullivan.

Those who voted in the negative are, Mr. President, Ashe, Barton, Brown, Crabb, Earle, Hubbard, Irwin, Jackson, Merriwether, Miller, Moore, Powell, Shackleford and Skinner. Ordered, that the bill be engrossed and made the order of the day for a third reading tomorrow.


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A bill to be entitled, an act to extend to St. Clair and Shelby counties concurrent civil and criminal jurisdiction with Autauga county in the Creek Nation; was read the second time; and ordered to a third reading to-morrow.

Mr. Jones presented the petition of sundry persons praying that the stay given on judgments rendered by Justices of the Peace may be extended a greater length of time, which was referred to the committee on propositions and grievances.

Mr. Shackleford, from the committee on schools and colleges and school and college lands to which was referred the report of the board of Trustees of the University reported: Joint resolutions in relation to University lands; which were read- The rule requiring Joint resolutions to be read on three several days being dispensed with the resolutions were read the second and third time forthwith and passed. Ordered, that they be sent to the House of Representatives for concurrence.

Mr. Hubbard presented to the Senate the following letter from the State Architect.

TUSKALOOSA, JANUARY 31st, 1828.

SIR:- In reply to yours of yesterday to ascertain for what salary the Architect could be obtained I would beg leave to state that on entering the service of Alabama. I left much valuable employment, with a full confidence in the justice of the Legislature and depending on that honorable body; for an equitable remuneration for services rendered. By reference to the commissioners for erecting the State Capital. I believe it will be found that by my assistance many thousand dollars have been, and more will be saved to the State in making contracts for State Capital.

I also propose by considerable exertion to have the lower story of the Capitol in readiness to receive the Legislature at their next session, with more extensive accommodations than they now possess- and by which a heavy rent will be saved, with the construction of suitable buildings for every department of our University, practice has rendered me familiar- as well as with that of laying out canals- Rail roads or any other matter appertaining to internal improvement.

My humble talents are at the disposal of the state with more experience I presume to hope that my services are worth to Alabama two thousand five hundred dollars per annum when they have been employed by North Carolina at $2600 per annum.

Very respectfully your ob't serv't.

W  NICHOLS.

Hon. DAVID HUBBARD,

Chairman of the committee on State Capitol.

Ordered, that the letter be referred to the committee on Inland Navigation to consider and report thereon:- And then the Senate adjourned till tomorrow morning at 10 o'clock.