Friday, January 4th, 1828.

The Senate met pursuant to adjournment.

Mr. Powell presented the account of George W. Crabb against the state which was referred to the committee on accounts and claims 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 bills which originated in the Senate entitled, an act to organize and establish a circuit court in Dale County, and to arrange the counties of the 1st, 2nd and 6th Judicial circuits, and have amended the same in the manner herewith shewn; also an act to form a seventh Judicial circuit, and have amended the same as herewith shewn; also 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 other purposes passed at Cahawba the 15th day of Jan. 1821, as is herein specified, and have amended the same by striking out $500, and inserting 425$; also- An act to amend an act entitled an act to Incorporate the town of Elyton in the county of Jefferson passed 20th Dec. 1820, and have amended the same in the manner herewith shewn also- An act to emancipate certain persons therein mentioned; an act to repeal an act entitled, an act to provide for the payment of Petit Jurors in certain counties therein named approved Dec. 22d 1826, so far as said act relates to the counties of Dallas Madison and Montgomery; and have amended the same as herewith shewn- In all of which amendments they respectfully desire your concurrence. They have also passed bills which originated in the Senate entitled, an act to provide for the translation and preservation of the Spanish Records of this State; and an act reviving an act authorizing a lottery for the benefit of the navigation of the Butte-


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hatchee River. They have read three several times and passed bills which originated in the House of Representatives an act entitled an act to require the Judges of the county courts to renew their bonds; Joint Resolution to provide for the accommodation of the next General Assembly; an act to Incorporate the Trustees of Oak Grove Academy of Perry County: An act granting to the Heirs, Representatives and Associates of John Byler dec'd. the privilege of erecting a gate on the road known by the name of Byler's Turnpike Road; An act for the benefit of the estate of Daniel Davis dec'd. late of Monroe County; An act to declare void a certain rule of the Supreme Court, An act to authorize Wyatt Harper adm'r of William Bates dec'd. to sell and transfer real estate; An act to provide for the payment of Petit Jurors in the county of Jefferson; an act to change the name of certain persons therein named; An act to repeal an act entitled, 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; and an act to place a certain road therein named under the control of the commissioners court of Revenue and Roads of Shelby County.- In all of which they respectfully desire your concurrence.

They have adopted the following resolution, in which they desire your concurrence: Resolved, That this House with the concurrence of the Senate will on Friday (this day) the 4th instant at the hour of 6 o'clock P. M. proceed to elect a President and Twelve Directors for the Bank of the State of Alabama.

On motion of Mr. Hubbard, Ordered, that the bill entitled an act, to organized and establish a circuit court in Dale county, and to arrange the counties of the 1st 2nd. 6th Judicial circuits, together with the amendments made thereto by the House of Representatives be returned to the House with a request that the amendments made to the bill by that body be engrossed and arranged in such a manner as to make them intelligible to the Senate: Ordered, that bills, which originated in the Senate and which were amended in the House of the following titles to wit.

An act for form a seventh Judicial Circuit.

An act to repeal so much of the 3rd section of an act entitled an act to reduce the expenses of the General Assembly and for other purposes passed at Cahawba 15th, day of June 1821 as is herein specified.

An act to amend an act entitled, an act to incorporate the Town of Elyton in the county of Jefferson passed 20th Dec. 1820: and An act to repeal an act entitled, an act to provide for the payment of Petit Jurors in certain counties therein named approved Dec. 22nd 1826 so far as said act relates to the counties of Dallas, Madison and Montgomery, be returned to the House of Representatives with the same request: Ordered, that the Resolution from the House of Representatives proposing with the concurrence of the Senate, to go into the election of a President and twelve directors of the Bank of the state of Alabama this evening at 6 o'clock lie on the table.

A bill from the House of Representatives entitled, an act to change the names of certain persons therein named was read: 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 till to-morrow.

A Joint Resolution to provide a House for the accommodation of the next general assembly was read: and the rule requiring Joint resolutions


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to be read on three several days being dispensed with: the resolution was read the second and third time forthwith and passed: Ordered, that the secretary acquaint the House of Representatives therewith.

Bills from the House of Representatives, entitled, an act, to require the Judges of the county courts to renew their bonds.

An act, to incorporate the Trustees of Oak Grove Academy of Perry County.

An act granting to the Heirs, Representatives and associates of John Byler dec'd the priviledge of erecting a gate on the road known by the name of Byler's Turnpike road.

An act, for the benefit of the estate of Daniel Davis deceased, late of Monroe county.

An act, to declare void a certain rule of the supreme court; an act to authorize Wyatt Harper adm'r of William Bates dec'd, to sell and transfer real estate.

An act, to provide for the payment of petit Jurors in the county of Jefferson.

An act, to repeal an act, entitled, an act, to provide for the payment of petit Jurors in the counties therein named, and for other purposes passed December 25th 1824, as far as the same applies to the county of Autauga; and for other purposes; and,

An act, to place a certain road therein named under the control of the commissioners court of revenue and roads of Shelby county, were severally read the first time and ordered to a second reading tomorrow.

A message from the Governor by Mr. Thornton. Mr. President, The Governor did on the 30th ult. approve and sign, an act, to change the time of holding the county court of Monroe county; and an act, to authorize the Judge of the county court and the commissioners of revenue and roads of Tuscaloosa county to hold a special court; and on the 3rd inst. an act, to incorporate the Summerville Philomatheon society; and

An act relative to the duties of grand juries, all of which originated in the senate.

An engrossed bill to be entitled: an act to change the time of holding the August Term of the county court of Jefferson county was read the third time- Mr. Hubbard offered an amendment to the bill by way of ryder changing the time of holding the county court of Lauderdale county. Ordered, that the bill together with the amendment lie on the table.

Engrossed bills entitled, an act, to amend an act, to prohibit the introduction of slaves into this state for sale or hire; and, an act, to amend an act, entitled, an act, to provide for printing the laws and journals, and for other purposes, passed 25th December 1822, 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.

A bill from the House of Representatives entitled, an act, to define the corporated limits of the town of sparta, in Conecuh county, and for other purposes, was read the third time and passed. Ordered, that the secretary acquaint the House of Representatives therewith.

A Bill to be entitled, an act, better to regulate judicial proceedings together with the amendments proposed to the bill by the committee on the Judiciary was taken up.

The question was put on concurring in the report of the committee proposing to strike out the first section of the bill which is as follows “that


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from and after the passing of this act the office of the clerk of the supreme court shall be kept open during the whole of each and every day (Sundays excepted) for the purpose of doing all necessary business with members of the bar or other persons having lawful business therein any rule of said clerk prescribing office hours to the contrary notwithstanding”--  and determined in the negative Yeas 7. Nays 12.

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

Those who voted in the negative are Messrs. Ashe, Casey, Evans, Hubbard, Irwin, Jones, McCamy, Miller, Moore, Shackleford ,Skinner & Sullivan. So the report proposing to strike out the 1st section of the bill was disagreed to.

The question was then put on concurring in the amendment made by the committee to the bill by striking out the 3rd section which is as follows “and be it further enacted, that it shall not be lawful for the supreme court to keep any delay docket, but the said court shall try all causes in order in which they are entered upon the docket of the clerk who shall docket the same according to the true date of the arrival in his office of the transcript of the records from the courts below”- and determined in the affirmative- Yeas 10. Nays 9. The yeas and nays being desired those who voted in the affirmative are, Mr. President, Barton, Brown, Casey, Earle, Jackson, Merriwether, Powell, Shackleford and Sullivan. Those who voted in the negative are Messrs. Ashe, Evans, Hubbard, Irwin, Jones, McCamy, Miller, Moore and Skinner.

So the 3d section of the bill was stricken out.

Mr. Hubbard moved that the Senate disagree to the amendment made by the committee by striking out the 4th section of the bill which is as follows:- “And be it further enacted, That the Clerk of the Supreme court shall not be entitled, to any other and higher fees than are by law allowed to the clerks of the circuit courts for similar services any law to the contrary notwithstanding:” which motion was lost. - Yeas 7, Nays 11.

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

Those who voted in the negative are, Mr. President, Barton, Brown, Casey, Earle, Jackson, Merriwether, Moore, Powell, Shackleford & Sullivan.

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

A bill to be entitled, an act to amend an act entitled, an act to reduce into one the several acts concerning Roads, Bridges, Ferries and Highways approved Jan. 12th 1827, was read the second time, and ordered to be engrossed for a third reading to-morrow.

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

Evening Session.

Mr. Jackson from the special committee appointed to enquire whether the public printer has neglected to perform his duty under the orders of this House submitted a letter from the public printer and reported that the printer has given bond and security for the faithful discharge of his duty. Ordered that the committee be discharged from the further consideration of the subject.

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 was taken up.

Mr. McCamy moved to amend the amendment offered by Mr. Powell

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to the bill by striking out the words “ a like sum to M. D. Williams Esq. his associate commissioner” and to insert the words “the sum of ______ _______  to M. D. Williams;” which was carried.

Mr. Jackson moved to strike out one hundred dollars the amount appropriated to John D. Terrell, with a view of inserting seventy dollars ? The question being taken on striking out it was carried.- yeas 11, nays 8.

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

Those who voted in the negative are, Messrs. Evans, Hubbard, McCamy, Merriwether, Miller, Moore, Shackleford and Skinner.

Mr. Miller moved to fill the blank with ninety dollars as a compensation to Mr. Terrell, which was lost. - Yeas 8, Nays 11.

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

Those who voted in the negative are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Jackson, Jones, Powell and Sullivan.

Mr. Hubbard moved to fill the blank with eighty dollars; which was lost.

Mr. Jackson moved to fill the blank with seventy dollars; which was carried.

Mr. Powell moved to fill the blank relating to the compensation of M. D. Williams with seventy dollars; which was lost.- Yeas 2, Nays 17.

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

Those who voted in the negative are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Jackson, Jones, McCamy, Merriwether, Miller Moore, Skinner and Sullivan.

Mr. Brown moved to fill the blank with fifty dollars which was lost.

Mr. Barton moved to reconsider the vote of the Senate adopting the amendment providing for compensation to M. D. Williams; which was carried.

Mr. Crabb moved to strike out all the bill after the enacting clause; which was lost. Ordered, that the bill be engrossed for a third reading to morrow.

A message from House of Representatives by Mr. Tunstall their clerk.-  Mr. President the House of Representatives herewith return to the Senate bills of the following titles to wit: An act to amend an act to incorporate the Town of Elyton in the county of Jefferson passed Dec. 20th 1820; An act to form a seventh judicial circuit; 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 other purposes passed at Cahawba 15th day of June 1821, as is herein specified; An act to repeal an act entitled an act to provide for the payment of Petit Jurors in certain counties therein named, approved Dec. 22d 1826, so far as said act relates to the counties of Dallas, Madison and Montgomery, An act to organize and establish a circuit court in Dale County and to arrange the counties of the 1st 2d and 6th Judicial Circuits; I am directed by the House to inform your honorable body that the House of Representatives have transcribed the amendments made by the House to said bills so that the same may be intelligible to the Senate. Ordered that the Senate concur in the amendments made by the House of Representatives to the bill entitled, an act to provide for the payment of Petit Jurors in certain counties therein named approved Dec. 22d 1826, so far as said act relates to the counties of Dallas Madison and Montgomery. Ordered, that the Secretary acquaint in the House of Representatives therewith. Ordered that the bill entitled an act to form a seventh Judicial Circuit, together with the amendments made thereto by the House of Representatives lie on the table till to-morrow.

Ordered, that the Senate concur in the amendments made by the House of


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Representatives to the bill entitled 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 other purposes passed at Cahawba 15th day of June 1821, as is herein specified. Ordered that the Secretary acquaint the House of Representatives therewith. Ordered, that the Senate disagree to the amendment made by the House of Representatives to the bill entitled an act to amend an act to incorporate the Town of Elyton in the county of Jefferson passed Dec. 20th 1820 by striking from the 13th line of the 1st section of the bill 'one dollar' and inserting 'twenty five cents.' Ordered that the Senate concur in the remainder of the amendments made by the House to said bill. Ordered, that the Secretary acquaint the House of Representatives therewith.

Ordered that the bill entitled, an act to organize and establish a circuit court in Dale County, and to arrange the counties of the 1st 2d and 6th Judicial Circuits, together with the amendments made thereto by the House of Representatives lie on the table till Monday next.

A bill to be entitled an act to authorize William Hynes to sell and convey a certain tract of land therein mentioned, and for other purposes, was read the second time and ordered to a third reading to-morrow.

A bill to be 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 together with the Report of the Judiciary committee adverse to the passage of the bill was taken up. - The question was put "will the Senate concur in the report of the Judiciary committee and carried so the bill was rejected.

The memorial to the Congress of the United States on the subject of the extension of the federal judiciary system so as to admit the states received into the Union since the last extension thereof to a participation of its benefits, together with the substitute proposed by the special committee as an amendment to the memorial was taken up. The substitute was adopted and the memorial as amended, ordered to a third reading to-morrow.

A bill to be entitled an act to increase the Capital of the Bank of the State of Alabama was taken up and ordered to a third reading to-morrow.

A bill to be entitled an act to repeal an act therein mentioned, was taken up and referred to the committee on the State Bank to consider and report thereon.

Mr. Evans introduced a bill to be entitled an act to establish the damages to be paid on writs of Error; which was read and ordered to a second reading to-morrow.

Mr. Casey moved that the Senate now adjourn till 10 o'clock on Monday morning; which was lost.- Yeas 9, Nays 10.

The yeas and nays being desired, those who voted in the affirmative are, Mr. President, Brown, Casey, Crabb, Earle, Evans, Jackson, Jones & Shackleford.

Those who voted in the negative are, Messrs. Ashe, Barton, Hubbard, McCamy, Merriwether, Miller, Moore, Powell, Skinner and Sullivan.

Mr. Sullivan then moved that the Senate adjourn till half past 9 o'clock on Monday morning; which was carried- And the Senate accordingly adjourned till Monday morning.