Saturday, Jan. 12th, 1828.

The Senate met pursuant to adjournment.

On motion of Mr. Casey ordered that Mr. Jackson have leave of absence for the remainder of the Session. On motion of Mr. Casey ordered that Mr. Evans have leave of absence for the remainder of the Session after today.

On motion of Mr. Shackleford, ordered, that Mr. Barton have leave of absence for the remainder of the Session after today.

A message from the Governor by Mr. Thornton.

Mr. President, the Governor did on the 16th instant approve and sign An act to emancipate certain persons therein mentioned; An act to authorize John G. Creagh to bring into this State the slaves of his wards Anne D Houze and James Houze and for other purposes; An act reviving an act authorizing a Lottery for the benefit of the navigation of the Butehatchee River; An act to repeal so much of the 3d section of an act entitled an act to reduce the expenses of the General Assembly, and for

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other purposes, passed at Cahawba on the 15th day of June 1821, as is herein specified: An act to amend an act entitled, an act to provide for the printing of the Laws and Journals and for other purposes, passed 25th Dec. 1822, and on this day; An act to amend an act entitled, an act to Incorporate the Town of Elyton in the county of Jefferson passed Dec. 20th 1826, all of  which originated in the Senate.

Mr. Brown obtained leave to introduce a bill to be entitled, an act to authorize James Thompson and his associates to open a Turnpike road therein named; which was read the rule requiring bills to be read on three several days being dispensed with, the bill was read the second and 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.

Mr. Casey called up the bill entitled, an act to provide for the preservation of the public arms- The amendments proposed by the Military committee being concurred in the bill was read the third time and passed.

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

Mr. Powell from the joint committee on enrolled bills reported as correctly enrolled an act to amend an act entitled, an act to divide the State into districts for electing Representatives to Congress passed Dec. 21st 1822; an act to declare Canoe Creek in St. Clair county a public highway; an act concerning the attendance of Jurors, an act to divorce James Pharr from Mary Pharr, an act to authorize the county court of Jackson to levy an extra tax: 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 all of which were accordingly signed by Mr. President.

Mr. Irwin called up the bill entitled, an act to abolish and establish certain election precincts therein mentioned, and offered an amendment to the same, which was adopted.- The bill was further amended and again laid on the table.

Mr. Hubbard, obtained leave to introduce a bill to be entitled, an act explanatory of the laws regulating the times of holding the circuit courts, in the several counties in the fourth and seventh circuits of this State, which was read the first and second time and ordered to lie on the table.

Mr. Shackleford obtained leave to introduce a joint resolution authorizing the further investment of the University fund, which was read.- The rule requiring joint resolutions to be read on three several days being dispensed with, the resolution was read the second and third time and passed, ordered that the title of the resolution be as aforesaid and that it be sent to the House of Representatives for their concurrence.

Mr. Casey presented the account of the Jailor of Butler county; which was referred to the committee on accounts and claims.

A bill to be entitled an act supplementary to an act entitled, an act to establish a road from Montevallo to Greensboro, approved January 12th 1827, 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 and passed, ordered that the Secretary acquaint the House therewith.

A bill to be entitled an act to divorce Thomas H. Snowden from Tabitha Snowden 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 ordered to a third reading on Monday next.

A bill entitled, an act providing at what place land and negroes taken in execution shall be sold in the county of Tuscaloosa, was read the third time and passed. Ordered, that the Secretary acquaint the House of Representatives therewith.

A bill entitled, an act prescribing the mode of ascertaining the sense of the citizens of this state on the proposed amendment to the constitution


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of this state, limiting the tenure of the Judges to seven years, was read the second time and ordered to a third reading on Monday next.

A bill entitled, an to emancipate certain persons therein mentioned, was read the second time and laid on the table till this evening.

Bills (from the House of Representatives) entitled, an act to incorporate "Barker encampment of Knights Templar no. 1, an act relative to Volunteer companies in the militia of this state, and for other purposes, and, an act to authorize the Governor to cause bonds taken for public arms to be renewed, and for the distribution of the public arms, were severally read the second time. The rule requiring bills to be read on three several days being dispensed with, the bills were severally read the third time and passed. Ordered, that the secretary acquaint the House of Representatives therewith.

A bill entitled, an act for extending the time granted to John Fowler for running a steam Ferry Boat, row Boat or sail Boat, between the city of Mobile and the town of Blakely, by an act passed 26th December 1822, was read the third time and passed.

Joint resolutions proposing amendments to the constitution of the United States, were read the second time and the rule requiring joint resolutions to be read on three several days being dispensed with the resolutions were read the third time and passed. Ordered, that the secretary acquaint the House of Representatives therewith.

A bill entitled, an act for the relief of Charles Pearson tax collector of Lawrence county; and, joint resolution to authorize the erection of the state capitol in broad street, were severally read the second time and ordered to a third reading on Monday next.

A bill entitled, an act for the relief of Robert H. Rose was read the second time and laid on the table.

A bill entitled, an act to incorporate a volunteer company under the name and style of the Monroe Rifle Company, was read the third time and passed. Ordered, that the Secretary acquaint the House of Representatives therewith.

Ordered, that the bill entitled: an act to authorize the Judge of the county court and commissioners of Roads and Revenue of Shelby county to levy an extra tax, lie on the table.

Joint remonstrance to the Congress of the United States against the power assumed to protect certain branches of domestic industry at the expense of others, and due policy of the measure, was read the third time and passed

Yeas

12-

Nays

6

The yeas and nays being desired, those who voted in the affirmative are messrs Ashe, Brown, Casey, Crabb, Evans, Irwin, Jackson, Merriwether, Miller, Shackleford, Skinner and Sullivan.

Those who voted in the negative are, Mr. President, Barton, Earle, Hubbard, McCamy and Powell.- Ordered, that the Secretary acquaint the House of Rep's their with.

Mr.. Hubbard from the committee on the part of the Senate to confer with a committee on the part of the House of Representatives on the subject of disagreement in relation to the amendment made by the Senate to the bill to compensate the superintendent on the public buildings reported, that the committee of conference have agreed to amend the amendment by striking out, 'thirteen hundred' and inserting 'one thousand dollars;' which was concurred in.- Ordered, that the Secretary acquaint the House of Representatives therewith.

An engrossed bill to be entitled, an act to establish an office of discount and deposit of the Bank of the State of Alabama in the Northern part of this state, was read the third time and rejected~~

Yeas

8-

Nays

12.

The yeas and nays being desired on the passage of the bill, those who voted in the affirmative are, messrs. Casey, Evans, Hubbard, Irwin, McCamey, Miller, Skinner & Sullivan.

Those who voted in the negative, are Mr. President, Ashe, Barton, Brown, Crabb, Earle, Jackson, Jones, Merriwether, Moore, Powell and Shackleford, so the bill was rejected.

A message from the House of Representatives by Mr. Ready

Mr. President, The House of Representatives have passed a bill which originated in their House entitled, an act supplementary to an act entitled, an act to establish the Bank of the State of Alabama, approved December 20th, 1823.


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A bill from the House entitled, an act supplementary to an act entitled, an act to establish the Bank of the state of Alabama approved December 20th 1823, 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 and passed. Ordered that the Secretary acquaint the House of Representatives therewith.

A message from the House of Representatives by Mr. Ready.

Mr. President. The House of Representatives have passed bills which originated in their House entitled, an act the better to provide for the trial of the right of property and for other purposes, and an act to amend an act entitled, an act respecting bail in civil cases passed 9th December 1823.   In which they desire your concurrence.

The bills mentioned in the foregoing message were severally read the first time, and the rule requiring bills to be read on three several days being dispensed with, they were severally read the second time and referred to the committee on the judiciary to consider and report thereon.

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 their House entitled, an act making appropriations for the years 1828, In which they desire your concurrence.

A bill (from the House of Representatives) entitled an act making appropriations for the year 1828, was read the first time, and the rule requiring bills to be read on three several days being dispensed with, the bill was read the second time forthwith and ordered to lie on the table.

Bills (from the House of Representatives) entitled, an act to establish the dividing lines between the counties of Bibb and Tuscaloosa according to the existing laws; an act for the relief of Joseph Owens and an act to alter the times of holding company courts martial, were severally read the third time and passed. Ordered, that the Secretary acquaint the House of Representatives therewith.

An engrossed bill to be entitled, an act regulating the fees of Sheriffs, clerks, attorneys and other officers therein named, was read the third time and rejected

Yeas

8

Nays

8.

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

Those who voted in the negative are Mr. President, Ashe, Barton, Crabb, Earle, McCamey, Shackleford and Sullivan.

A bill entitled, an act to emancipate certain slaves therein named was read the third time, amended by way of ryder and passed. Ordered that the Secretary acquaint the House of Representatives therewith.

Mr. Crabb, moved to reconsider the vote of the Senate on the passage of the bill entitled, an act regulating the fees of sheriffs, clerks, attorneys and other officers therein named; which was carried. Ordered, that the bill lie on the table till this evening.

A bill entitled, an act to repeal in part an act passed march 1803, and re-enacted with amendments Feb 1807, read the third time and passed.

Yeas

9.-

Nays

8.

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

Mr. President, Barton, Brown, Crabb, Earle, McCamey, Powell, Skinner, and Sullivan.

Those who voted in the negative are messrs. Ashe, Casey, Hubbard, Irwin, Jones, Merriwether, Miller and Moore- Ordered that the Secretary acquaint the House of Representatives therewith- and then the Senate adjourned till 3 o'clock this evening.

3 o'clock P. M. January 12th 1828.

The Senate met pursuant to adjournment.

Mr. Powell from the joint committee on enrolled bills, reported as correctly enrolled an act amendatory of the several acts heretofore passed in relation to the public revenue; 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 increase the capital of the Bank of the State of Alabama, an act to regulate the payment of petit jurors in the county of Washington; an act to provide for the payment of petit jurors in the county of Jefferson, an act to authorize Jesse Lott to continue a toll bridge erected over dog river in the county of Mobile.

An act to authorize William Hynes to sell and convey a certain tract


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of land therein mentioned, and for other purposes; An act to Incorporate the Trustees of Oak grove Academy of Perry County; An act to repeal an act to provide for the payment of petit jurors in the counties therein named, and for other purposes, passed Dec. 25th 1824 as far as the same applies to the county of Autauga, and for other purposes; An act to repeal in part and amend an act entitled, an act to establish a certain road therein designated; An act to authorize the commissioners of Revenue and Roads of Mobile county to levy a special tax and for other purposes, An act to appoint commissioners to lay out a road therein specified; An act to repeal in part and amend an act entitled an act respecting slaves passed march 6th 1805; An act for the relief of Andrew O. Horn; An act to place a certain road therein named under the control of the commissioners court of revenue and roads in Shelby county; An act to authorize Wyatt Harper administrator of William Bates dec'd to sell and transfer real estate; An act providing for the election of a Sheriff in Blount County; and for other purposes; An act to repeal in part an act therein named and An act to authorize the election of an additional Constable in the beat including the Town of Claiborne, all of which were accordingly signed by Mr. President.

Mr. Crabb called up the bill entitled, an act to abolish and establish certain election precincts therein mentioned and offered amendment to the same which was adopted.- The bill was then read the third time as amended and passed. Ordered, that the Secretary acquaint the House of Representatives therewith.

On motion of Mr. Casey ordered, that Mr. Earle have leave of absence for the remainder of the Session after today.

Mr. Barton presented the accounts of William McGhee and Isaac Johnson against the State, which were referred to the committee on accounts and claims.

Mr. Hubbard from the special committee appointed to prepare a memorial to the Congress of the United States requesting further relief to the purchasers of public lands asked to be discharged from the further consideration thereof, the subject being embraced in a memorial from the House of Representatives; which was agreed to.

Mr. Hubbard from the committee on the judiciary to which was refered a bill entitled, an act to amend an act entitled an act respecting bail in civil cases passed 9th Dec. 1823 reported the same as amended, which was concurred in, the bill was then read the third time and passed.

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

Mr. Hubbard from the same committee to whom was referred a bill to be entitled, an act the better to provide for the trial of the right of property; and for other purposes, reported the same without amendment, the rule requiring bills to be read on three several days being dispensed with the bill was read the third time and ordered to lie on the table.

A message from the House of Representatives by Mr. Ready.

Mr. President, the House of Representatives have adopted the following preamble and resolution in which they desire your concurrence.

Further information having rendered it probable that some of the debts considered doubtful by the joint committee appointed to examine the State Bank, ought not to be so considered but on the contrary should be considered good. Be it therefore Resolved, with the concurrence of the Senate that the report of said committee be recommitted for the purpose of revising that part of the same that relates to bad and doubtful debts.

On motion of Mr. Casey, ordered, that the Senate concur in the resolu-


174

tion from the House of Representatives proposing with the concurrence of the Senate that the report of the joint committee appointed to examine the Bank be recommitted to the same committee, for the purpose of revising that part of the report relating to bad and doubtful debts.

Mr. Casey then moved that the Senate proceed to elect an additional member of the joint committee to examine the state and condition of the Bank, to supply the vacancy occasioned by the absence of Mr. Jackson, who was a member of the committee which was carried.- Whereupon the Senate proceeded to the election of a member of the committee, Mr. Shackleford alone being in nomination. - For Mr. Shackleford 18 votes.

Those who voted for Mr. Shackleford are Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jones, McCamy, Merriwether, Miller, Moore, Powell, Skinner and Sullivan.

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

A message from the House of Representatives by Mr. Ready.

Mr. President, the House of Representatives concur in the report of the committee of conference appointed on the amendment made by the Senate to the bill entitled an act giving additional powers to the commissioners for superintending the erection of the state capitol, and for compensating the superintendent. - They concur in the amendments made by the Senate to bills &c. of the following titles, to wit: An act to change the place of holding the medical board for the district of Cahawba; Joint Resolution authorizing the Governor to order the Quarter Master General of this state to deliver a Field piece to the artillery company at Claiborne, and for other purposes; 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 therein mentioned; They have amended the amendment made by the Senate to the bill entitled, an act to amend the third section of an act passed at the last Session of the Legislature to compensate the commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this State and Georgia by striking out 'two hundred dollars' and inserting 'three hundred dollars' In which they desire your concurrence.

They insist on their amendment to the bill entitled, an act relative to the satisfaction of executions. They have passed bills which originated in their House entitled an act to amend an act entitled, an act providing for the erection of a state capitol and for other purposes; An act to Authorize the Judge of the county court and commissioners of Roads and Revenue to fill vacancies in certain cases; An act to divorce Jane Gholson from her husband John Gholson; An act to divorce Parthinia Coursey from her husband James Coursey; An act to divorce Benjamin D. Hassell from his wife Mary Hassell; An act to establish a 52 Regiment of Alabama Militia; An act to authorize the Judge and commissioners of St. Clair County to levy a tax for the purpose therein mentioned, An act for the relief of Samuel Battles; An act giving further time for filing county claims; and, An act to explain and amend the 9th section of an act passed Dec. 13th 1819 entitled, an act to establish certain counties therein named, and for other purposes therein mentioned.- In which they desire your concurrence. Ordered, that the Senate insist on their disagreement to the amendment made by the House to the bill entitled, an act relative to the satisfaction of executions, and that a committee on conference be appointed on said amendment whereupon Messrs. Crabb, Hubbard and McCamy were appointed on the part of the Senate.

Ordered, that the Secretary acquaint the House therewith.


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Mr. Hubbard moved that the Senate concur in the amendment made by the House of Representatives to their amendment to the bill entitled, an act to amend the third section of an act passed at the last Session of the Legislature to compensate the commissioners appointed by the Governor for ascertaining and making the permanent boundary line between this State and Georgia, by striking out '200' and inserting '300$' which was carried-

Yeas

11,

Nays

8.

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

Those who voted in the negative are, Mr. President, Ashe, Barton, Crabb, Earle, Jones, McCamy and Powell - So the amendment was concurred in.

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

Bills from the House of Representatives entitled, an act to establish the 52d Regiment of Alabama Militia; An act to authorize the Judge and commissioners of St. Clair County to levy a tax for the purpose therein mentioned; An act to explain and amend the 9th section of an act passed Dec. 13th 1819 entitled, an act to establish certain counties therein named, and for other purposes therein mentioned; and, An act to authorize the Judge of the county court and commissioners of Roads and Revenue to fill vacancies in certain cases, 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 and third time and passed.

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

A bill to be entitled, an act to the relief of Samuel Battles; An act giving further time for filing county claims; An act to divorce Parthenia Coursey from her husband James Coursey; and, An act to amend an act entitled, an act providing for the erection of a state capitol, and for other purposes, were severally read the first time and ordered to a second reading on Monday next. A bill to be entitled, an act to divorce Benjamin D. Hassell from his wife Mary Hassell; and, An act to divorce Jane Gholson from her husband John Gholson, were severally read the first time and the rule requiring bills to be read on three several days being dispensed with, the bills were several read the second time and ordered to a third reading on Monday next.

Mr. Moore offered the following resolution: Resolved, That a message be sent to the House of Representatives informing them that the Senate has nearly completed the business now before them and will be ready to adjourn sine die this evening. Ordered, that the Resolution lie on the table.

A bill entitled, an act to emancipate certain persons therein named, was taken up, and the rule requiring bills to be read on three several days being further dispensed with, the bill was read the third time and passed.

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

Engrossed bill to be entitled, an act regulating the fees of Sheriffs, Clerks, Attornies and other officers therein named, and on the question being put "shall the bill pass?" it was determined in the affirmative.

Yeas

11,

Nays

8.

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

Those who voted in the negative are, Mr. President, Barton, Brown, Earle, Moore, Powell, Shackleford and Sullivan- So the bill was passed.

Ordered that the title of the bill be “an act regulating the fees of certain officers therein named” Ordered, that it be sent to the House of Rep's for their concurrence.

Mr. Miller carried up the bill to be entitled, an act for the relief of R. H. Rose- The bill was then read the third time and passed. Ordered that the Secretary acquaint the House of Representatives therewith: and then the Senate adjourned till Monday morning at 11 o'clock.