Thursday, Jan. 10th, 1828.

The Senate met pursuant to adjournment.

Mr. Barton from the committee on the Judiciary to which was referred a bill to be entitled an act exempting the Judges from alternating at the ensuing terms of the courts reported the same without amendment.

Ordered, that the bill lie on the table.

Mr. Earle from the committee on Inland Navigation to which was referred a letter from the state Architect upon the subject of his salary, asked to be discharged from the further consideration thereof which was agreed to.

Mr. Hubbard from the committee on the state capitol to which was referred a bill originating in the House of Representatives entitled, an act giving additional powers to the commissioners for superintending the erection of the state capitol and for compensating the superintendent reported, "that in the opinion of this committee the allowance therein made is insufficient to compensate that officer for the services he has rendered and expenses he has incurred, and that he ought to be compensated for his past services at the rate of his yearly salary." They instruct me to report the bill with an amendment making such allowance.

The amendment was concurred in and the bill read the third time as amended and passed.

Ordered, that the Secretary acquaint the House of Rep's therewith.

Mr. Barton from the special committee to which was referred a Joint Remonstrance on the subject of instructions lately given from the Treasury department relative to the funds receivable for public lands, reported a substitute for the Remonstrance.

Ordered, that the Remonstrance and substitute lie on the table.

Mr. Powell from the Joint committee on enrolled bills reported as correctly enrolled, an act for the relief of Dugald McFarlane; An act to regulate the inspection of Tobacco in this state; An act to change the names of certain persons therein mentioned; An act to authorize the Judge of the county court and commissioners of Roads and Revenue of Shelby County to levy an extra tax; An act for the relief of Wyatt Cheatham; An act to amend an act entitled, an act to incorporate the Town of Elyton in the County of Jefferson passed December 20th 1820; and, an act more effectually to prevent frauds and fraudulent conveyances, and for other purposes, all of which were accordingly signed by Mr. President.

Mr. Shackleford from the committee on schools and colleges and school and college lands to which was referred a bill to be entitled, an act for the relief of John Wood, reported the same as amended, which was concurred in- The bill was then read the third time as amended and passed.

Ordered, that the Secretary acquaint the House of Rep's therewith.

A message from the House of Rep's by Mr. Tunstall their clerk.

Mr. President, the House of Representatives have passed bills which originated in the Senate entitled, an act to authorize the building a Jail in Morgan County, and have amended the same by striking out the 2nd section- In which they ask your concurrence.

They recede from their amendments to the bill entitled an act to provide for reports of the decisions of the Supreme Court, by adding thereto an


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additional section and by striking out “twelve months,” and inserting “two years.”- They insist on their amendments to the bill entitled, an act concerning the owners and keepers of Mills and other water words, by adding a proviso at the end of the 1st section.

They insist on their amendment to the bill entitled, an act further to amend the charter of the Bank of the State of Alabama.

They have passed bills which originated in the Senate entitled, an act to incorporate the Franklin Academy in the Town of Russellville in Franklin County; An act to authorize John Smith of Jefferson county to emancipate a certain slave therein named; An act to declare Canoe Creek in St. Clair County a public Highway, An act regulating the duties of Attorneys at law, and for other purposes; An act to provide the Clerks of the several counties in this State with copies of the acts of the present and each subsequent Congress of the United States; An act to amend an act entitled, an act to Incorporate the school commissioners of the 4th Township 8th range west from Huntsville, and for other purposes; An act to preserve the health of the inhabitants residing on Sinking creek in Lauderdale County, and have amended the same by adding a proviso at the end of the 2nd section. In which they ask your concurrence: An act authorizing a lottery to the purpose of building an academy and Court House in the county of Henry; An act concerning the registration of Deeds & Patents, and have amended the same by adding thereto two additional sections.- In which amendments they desire your concurrence; and, an act for the further relief of securities- They have passed bills &c. which originated in their House entitled, Joint Memorial to the Congress of the United States asking permission for the Trustees of the University of Alabama, to select other lands in lieu of those herein mentioned; An act to provide for taking depositions in certain cases; An act for the relief of Andrew D. Horne; An act to Incorporate Barkers Encampment of Knights Templar No. 1, An act to authorize the election of an additional Constable in the beat including the Town of Claiborne; An act to appoint commissioners to lay out a road therein specified; An act to emancipate certain persons therein named; and, an act providing at what place Land and Negroes taken in execution shall be sold in the county of Tuskaloosa- In which they desire your concurrence. They concur in the amendments made by the Senate to bills entitled, an act to authorize the election of a Justice of the Peace in the Town of Columbia in Shelby County; An act changing the time of holding the county courts in Greene and Perry Counties. They have also passed bills which originated in their House entitled, an act to amend the law now in force respecting Justices of the Peace and Constables; An act declaring the effect of Notarial protests, In which they also ask your concurrence. They have adopted the following Resolution, in  which they desire your concurrence. -- Resolved, by the House of Representatives that with the consent of the Senate this House will adjourn sine die on Saturday next. They concur in the report of the committee of conference appointed by both Houses on the subject of the disagreement between the two Houses as to the amendment made by the House of Representatives to the bill entitled, an act to organize and establish a circuit court in Dale County and to arrange the counties of the first, second, and sixth judicial circuits. Ordered, that the Senate adhere to their disagreement to the amendment made by the House to the bill entitled, an act concerning the owners and keepers of mills and other water Works, and that a committee be appointed to confer with such committee as the House may appoint, on the subject of said disagreement; whereupon Messrs. Casey,


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Earle and Jackson were appointed the committee on the part of the Senate.

Ordered, that the Secretary acquaint the House of Rep's therewith.

Ordered, that the Senate concur in the several amendments made by the House of Representatives to bills entitled an act to authorize the building a Jail in Morgan county; An act concerning the registration of Deeds and Patents; and, an act to preserve the health of the inhabitants residing on Sinking creek in Lauderdale County. Ordered, that the Secretary acquaint the House of Representatives therewith.

Ordered, that the Senate insist on their disagreement to the amendment made by the House of Representatives to the bill entitled, an act further to amend the charter of the Bank of the State of Alabama, and that a committee be appointed on the part of the Senate to confer with such committee as the House may appoint, on the subject of the disagreement between the two Houses in relation to said amendment, whereupon Messrs. Casey Jackson and Barton were appointed the committee on the part of the Senate. Ordered, that the Secretary acquaint the House of Representatives therewith.

A joint memorial to the Congress of the United states asking permission for the Trustees of the University of Alabama to select other lands in lieu of those herein mentioned, was read the first and second time.

Mr. Jackson offered the following amendment to the memorial “Provided the President and Trustees aforesaid shall dispose of the land so selected to the relinquisher or occupant of said land on such terms as the Government of the United States may hereafter dispose of the relinquished lands; which was rejected.-

Yeas

9,

Nays

11.

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

Those who voted in the negative are, Messrs. Ashe, Brown, Casey, Evans, Jones, Merriwether, Miller, Moore, Shackleford, Skinner Sullivan.

Ordered, that the memorial be referred to a special committee consisting of messrs. Jackson, Hubbard and Earle to consider and report thereon.

A bill to be entitled, an act to provide for taking depositions in certain cases, was read and the rule requiring bills to be read on three several days being dispensed with, the bill 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 for the relief of Andrew O. Horne; An act to authorize the election of an additional Constable in the beat including the Town of Claiborne; and, an act to appoint commissioners to lay out a certain road therein specified, were severally read the first time, and the rule requiring bills to be read on three several days being dispensed with, the bills were severally read the second and third time forthwith & passed.

Ordered, that they be returned to the House of Representatives.

A bill to be entitled an act to Incorporate Barker Encampment of Knights Templar No. 1; and an act to emancipate certain persons therein named, and an act providing at what place Lands and Negroes taken in execution shall be sold in the county of Tuskaloosa, were severally read the first time and ordered to a second reading tomorrow.

A bill to be entitled, an act to amend the laws now in force respecting Justices of the Peace and Constables; and an act declaring the effects of Notarial protests, were severally read the first time, the rule requiring bills to be read on three several days being dispensed with the bills were severally read the second time and referred to the committee on the judici-


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ary to consider and report thereon.

And then the Senate adjourned till 3 o'clock this evening.

EVENING SESSION.

Mr. Barton, who voted in the majority moved to reconsider the vote of the Senate on the passage of the bill entitled, an act to repeal an act therein mentioned, which was carried,

Yeas

11-

Nays

9.

The yeas and nays being desired, those who voted in the affirmative are, messrs. Barton, Brown, Casey, Crabb, Earle, Evans, Jones, McCamy, Shackleford, Skinner and Sullivan.

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

The vote ordering the bill to a third reading being also reconsidered, Mr. Barton moved to strike out the second section of the bill, which was lost.- The bill was then read the third time and on the question being put 'shall the bill pass,' it was determined in the negative-

Yeas

9,

Nays

11.

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

Those who voted in the negative are, Mr. President, Ashe, Barton, Brown, Hubbard, Irwin, Jackson, Merriwether, Miller, Moore and Powell,- so the bill was rejected.

Mr. Hubbard obtained leave to introduce a bill to be entitled, an act, concerning the attendance of jurors, which 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. Ordered, that the title of the bill be as aforesaid and that it be sent to the house of Representatives for their concurrence.

Mr. Casey, called up the Joint Resolutions 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.

Mr. Jackson, moved to amend the resolutions by striking out the words “and that he (the Governor,) is hereby authorized to draw upon the Treasury for an amount sufficient to accomplish the object of the Resolutions:” and by inserting the words, “and that ______   _______ dollars be appropriated therefore,” which was carried The amendments proposed by the special committee to which the Resolution were referred, were then agreed to, and the Resolutions read the third time as amended. Mr. Crabb moved to fill the blank in the resolutions, created by Mr. Jackson's amendment with “one thousand dollars,” if so much be necessary; which was lost:

Yeas

8,

Nays

12.

The yeas and nays being desired, those who voted in the affirmative are, messrs Barton, Casey, Crabb, Evans, Hubbard, Merriwether, Miller and Sullivan.

Those who voted in the negative are,- Mr. President, Ashe, Brown, Earle, Irwin, Jackson, Jones, McCamy, Moore, Powell, Shackleford and Skinner.

Mr. Moore moved to fill the blank with “five hundred dollars” which was carried.~~The question was then put “shall the resolutions pass” and determined in the affirmative

Yeas

13-

Nays

6.

The yeas and nays being desired, those who voted in the affirmative are, messrs. Barton, Brown, Casey, Earle, Evans, Hubbard, Irwin, Jones, McCamy, Merriweather, Miller, Moore, Skinner and Sullivan.

Those who voted in the negative are, Mr. President, Ashe, Crabb, Jackson, Powell and Shackleford, so the resolutions were passed.- Ordered, that the Secretary acquaint the House of Representative therewith.

Mr. Shackleford called up the bill to be entitled an act to authorize the sale of the sixteenth sections and for other purposes.

Mr. Jackson moved further to amend the amendment proposed by the committee on schools and colleges &c. to the bill by striking out “six per cent” the rate of interest which it is provided the State Stock in which the proceeds of the 16th Sections is to vested, shall bear, with a view of inserting a higher rate of interest which was lost-

Yeas

6-

Nays

14.

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

Those who voted in the negative are, messrs. Barton, Brown, Casey, Crabb,


160

Evans, Hubbard, Irwin, Jones, Merriweather, Miller, Powell, Shackleford, Skinner and Sullivan.

The bill was then read the third time and on the question being put 'shall the bill pass' it was determined in the affirmative

Yeas

16

Nays

4.

The yeas and nays being desired, those who voted in the affirmative are, messrs. Ashe, Barton, Brown, Casey, Crabb, Evans, Hubbard, Irwin, Jones, McCamey, Merriwether, Miller, Moore, Powell, Skinner and Sullivan.

Those who voted in the negative are, Mr. President, Earle, Jackson, and Shackleford, so the bill was passed. Ordered, that the Secretary acquaint the House of Representatives therewith.

Mr. McCamey moved to amend the resolution from the House of Representatives proposing to adjourn sine die on Saturday next, by adding the words "provided they shall have completed their business" which was carried. The resolution as amended was then disagreed to- ordered that it lie on the table- and then the Senate adjourned till tomorrow morning at 9 o'clock.