Monday, January 7th, 1828.

The Senate met pursuant to adjournment.

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 to authorize the sale of the sixteenth sections and for other purposes, reported the same as amended by striking out all after the enacting clause and substituting another bill in lieu thereof.

Mr. Crabb offered a further amendment to the bill, ordered that the bill and amendments lie on the table and that fifty copies of the substitute together with the amendment offered by Mr. Crabb be printed for the use of the Senate.


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Mr. Crabb from the special committee to which was referred the petition of sundry citizens of Morgan County, reported a bill to be entitled, an act to authorize the building a Jail in Morgan County; which was read. 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 be engrossed for a third reading tomorrow.

Mr. Powell from the joint committee on enrolled bills reported as correctly enrolled, an act altering the punishment of forgeries and counterfeiting in certain cases.

Joint resolution, in relation to an exchange of sixteenth sections: an act to amend an act entitled, an act to incorporate the town of Mooresville, and for other purposes passed the 16th day of November 1818: an act in relation to a certain fund therein named.

An act, to divorce Winney Gaines from her husband Francis T. Gaines.

An act, to authorize James Mahan, William Lovelady, John Gardner and Ransom Davis to enter a certain quantity of University land for the purposes therein mentioned.

An act, to provide for the support of paupers in the counties of Madison, Autauga, Tuscaloosa and Clarke.

An act, to authorize the Judge of the county court of Monroe county and the commissioners of roads and revenue, to levy a special tax for the purpose therein specified.

An act, for the relief of William Jones of Walker county.

An act, to authorize the raising of three thousand dollars for the purpose of building a bridge across Shoal Creek.

Joint resolution in relation to the Cherokee boundary; an act, for the relief of Caswell R. Clifton, tax collector of Madison county.

An act, reviving an act, authorizing a lottery for the benefit of the navigation of the Buttahatchee river.

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 the 15th day of June 1821 as is herein specified.

An act, to emancipate certain persons therein mentioned: and, an act to provide for the translation and preservation of the Spanish records of this State- all of which were accordingly signed by Mr. President.

Mr. Powell obtained leave to introduce a bill to be entitled, an act to provide for the speedy collection of debts due the Bank of the State of Alabama in certain cases; which was read- The rule requiring bills to be read on three several days being dispensed with, the bill was read, the second time forthwith amended and referred to the committee on the Judiciary to consider and report thereon.

Mr. Shackleford called up the bill to be entitled, an act, for the relief of Dugald McFarlane: The question was then put, shall the bill pass? and determined in the affirmative: Ordered, that the Secretary, acquaint the House of Representatives therewith.

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 authorize John P. Neale agent of William A. Powell to emancipate John Robinson a man of color, and have amended the same in the manner herewith shewn- also: an act to incorporate the town of Tuscaloosa and to repeal an act, incorporating said town passed the 13th December 1819, and have a-


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mended the same in the manner herewith shewn- In which amendments they desire your concurrence.

They have read three several times and passed bills which originated in their House entitled, an act to amend in part and repeal in part, an act to establish the Town of Whitesburgh and incorporate its Trustees.

An act, to regulate the payment of Petit jurors in the county of Washington,

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, to authorize the commissioners of revenue and roads of Mobile county to levy a special tax and for other purposes.

An act, to amend in part an act entitled, an act, to reduce into one the several acts concerning roads, bridges, ferries and highways.

An act, relative to the estate of Isaac Edwards late of Conecuh county, deceased.

An act, to emancipate certain slaves therein named: an act to authorize the election of a justice of the peace in the town of Columbia in Shelby county: an act, amendatory of the common law as hereinafter provided; an act, to amend an act, to incorporate the town of Montgomery; an act, to authorize sheriffs to take bonds in certain cases; an act, to authorize the county court of Jackson county to levy an extra tax: an act, to change the place of holding the medical board for the district of Cahawba: an act to establish the dividing line between the counties of Bibb and Tuscaloosa according to the existing laws: an act, to amend an act, entitled an act concerning roads, highways bridges and ferries in the county of Mobile; an act to authorise Jessee Lott to continue a toll bridge erected over dog river in the county of Mobile.

An act, to divorce James Pharr from Mary Pharr, an act to repeal in part and amend an act entitled, an act, respecting slaves passed March 6th 1805: an act changing the time of holding the county courts in Greene and Perry counties: an act, providing for the election of a sheriff in Blount county, and for other purposes: an act to provide for the establishment of the permanent seat of justice in the county of Walker.

Joint resolution authorizing the Governor to order the Quarter master General of this State to deliver a Field Piece to the Artillery company at Clairborne, and for other purposes.

A joint resolution declaring the expiration of the office of the present trustees of the University of the State of Alabama: an act, authorizing a lottery for the purpose of establishing a free school on the Lancasterian plan of tuition in the town of Huntsville, and the purchasing a clock for the use of said Town; and, an act, to amend an act incorporating the town of Athens- In all of which they desire your concurrence.

They concur in the amendments made by your Honorable body to the bill entitled, an act, to regulate the inspection of Tobacco in this State.

The House insisting on their disagreement to the amendment made by the Senate to the bill 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, by an additional section.

Mr. Barton, moved that the Senate adhere to their amendment to the bill 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, by adding thereto an additional section requiring the census of Mobile and Limestone counties, to be retaken and


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providing that the said counties shall have an additional Representative each, in the event that the Representative population of said counties at the time the census ought to have been taken, was sufficient to entitle them thereto- and that a committee of conference be appointed on said disagreement; which motion was lost- Yeas 8, Nays 12.

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

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

Mr. Barton, then moved that the Senate insist on their amendment to the bill by adding an additional section; which was lost, Yeas 10 Nays 10.

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

Those who voted in the negative are, Messrs. Casey, Evans, Irwin, Jones, McCamy, Merriwether, Miller, Moore, Skinner, and Sullivan.

The President then determined that the question recurred whether the Senate would insist or adhere to their amendment to the bill, or whether they would recede and that it was competent for the Senate by an affirmative vote to do either; that the refusal to adhere or insist was not equivalent to a recession from their amendment for the reason that to recede did not result from a determination not to insist. From this decision Mr. Casey appealed to the Senate and the decision was overruled, Yeas 7, Nays 12.

The yeas and nays being desired those who voted in favor of the decision of the chair are, Mr. President, Barton, Brown, Earle, Jackson, Powell and Shackleford.

Those who voted in the negative are, messrs. Ashe, Casey, Evans, Hubbard, Irwin, Jones, McCamy, Merriwether, Miller, Moore, Skinner and Sullivan.

Mr. Casey then offered the following resolution, resolved: that the Secretary inform the House of Representative that the Senate have receded from insisting on their amendment to the bill entitled, an act to apportion the Representatives among the several counties in this state, & divide the state into Senatorial districts according to the late census by adding thereto an additional section; which was adopted- and then the Senate adjourned till half past 2 o'clock this evening.

EVENING SESSION.

On motion of Mr. Powell, Ordered, that the bill entitled an act, to incorporate the town of Tuscaloosa and repeal an act incorporating said town passed 13th December 1819, together with the amendments made thereto by the House of Representatives lie on the table, Ordered, that the senate concur in the amendment made by the House of Representatives to the bill entitled, an act, to authorize John P. Neale agent of William A. Powell, to emancipate John Robinson a man of color-- Ordered, that the secretary acquaint the House of Representatives therewith.

Mr. Crabb, called up the bill entitled, an act, to form a seventh judicial circuit Ordered, that the senate disagree to the amendment made by the house of representatives to the bill, relating to a change in the time of holding courts in the fifth judicial circuit.

The amendment relating to an extension of the term of Tuscaloosa circuit court was concurred in, Ordered that the secretary acquaint the house of representatives therewith.


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Bills from the house of representatives of the following titles to wit: an act to provide for the establishment of the permanent seat of justice in the county of Walker.

Joint resolution authorizing the Governor to order the Quarter master General of this states to deliver a Field piece to the Artillery company at Claiborne and for other purposes, an act, to amend the act incorporating the town of Athens, an act amendatory of the common law as herein after provided: an act to change the place of holding the medical board for the district of Cahawba, an act, to establish the dividing line between the counties of Bibb and Tuscaloosa according to the existing laws: an act, to repeal in part and amend an act entitled, an act, respecting slaves passed March 6th 1805; an act providing for the election of a sheriff in Blount county: an act, to emancipated certain slaves therein named, an act relatives to the estate of Isaac Edwards late of Conecuh county, deceased; and, An act to authorize the commissioners of revenues & roads of Mobile county to levy a special tax and for other purposes, were severally read the first time and ordered to a second reading tomorrow.

A bill to be entitled, an act authorizing a Lottery for the purpose of establishing a free school on the Lancasterian plan of tuition, in the town of Huntsville, and the purchasing a clock for the use of said Town was read the first time.- 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 declaring the expiration of the office of the present Trustees of the University of Alabama was read: and the rule requiring Joint resolutions to be read on three several days being dispensed with, the Resolution was read the second time, and ordered to a third reading to-morrow.

A bill from the House of Representatives entitled an act to amend an act to incorporate the Town of Montgomery, was read- and the rule requiring bills to be read on three several days being dispensed with, by the requisite majority, the bill was read the second and third time forthwith and passed. Ordered, that the Secretary inform the House of Representatives thereof.

A bill to be entitled an act to authorize sheriffs to take bonds in certain criminal cases, was read, and the rule requiring bills to be read on three several days being dispensed with, it was read the second time forthwith and referred to the committee on the judiciary to consider and report thereon.

A bill to be entitled an act to authorize the county court of Jackson County to levy an extra tax, was read and the rule being dispensed with, the bill was read the second time forthwith and referred to a special committee consisting of Messrs. McCamy Miller and Hubbard to consider and report thereon.

A bill to be entitled an act to amend an act entitled an act concerning Roads Highways Bridges and Ferries in the County of Mobile, 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 Secretary acquaint the House of Representatives therewith.

A bill to be entitled an act to authorize Jesse Lott to continue a toll Bridge erected over Dog River in the county of Mobile, 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.


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Ordered, that the words “and for other purposes” be added to the caption of the bill and that the Secretary acquaint the House therewith.

A bill to be entitled an act to divorce James Pharr from Mary Pharr was read, and the rule being dispensed with, the bill was read the second time and ordered to a third reading tomorrow.

A bill to be entitled an act changing the time of holding the county court in Greene and Perry County, was read the first and second time and referred to a special committee consisting of Messrs. Sullivan Merriwether and Casey to consider and report thereon.

A bill to be entitled, an act to authorize the election of a Justice of the Peace in the Town of Columbia in the county of Shelby, 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 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, Highways, Bridges and Ferries was read the first time.

Mr. Casey moved that the bill lie on the table, till the first day of June next which was carried.

Bills from the House of Representatives entitled, an act, to authorize the Judge of the county court and commissioners of revenue and roads of Shelby county to levy an extra tax: an act, to amend in part and repeal in part an act, to establish the town of Whitesburgh and incorporate its trustees; and, an act, to regulate the payment of Petit Jurors in the county of Washington, 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 Representatives therewith.

A message from, the House of Representatives by Mr. Tunstall their clerk: Mr. President, The House of Representatives have adopted the following resolution in which they ask your concurrence.

Resolved, that with the concurrence of the Senate the two Houses will proceed this evening at the hour of 7 o'clock to the election of a Judge and Solicitor for the seventh Judicial circuit, ordered that the resolution lie on the table

Mr. Casey moved to reconsider the vote of the Senate ordering a joint resolution declaring the expiration of the office of the present Trustees of the University of the State of Alabama, to a third reading to-morrow which was carried.

Mr. Casey then offered the following amendment to the resolution- “And be it further resolved, that the 3rd and 4th sections, of an act entitled an act, to repeal in part and amend an act, entitled an act supplementary to an act to establish a State University, passed December 24th 1822 so far as relates to the election of six additional Trustees to reside within fifty miles of this site selected, be and the same is hereby repealed,” which was adopted, The rule requiring joint resolutions to be read on three several days being dispensed with the resolution was  read the third time as amended and passed, ordered, that the Secretary acquaint the House of Representatives therewith.

Engrossed bills to be entitled, an act better to regulate judicial proceedings an act to amend an act, entitled an act to reduce into one the several acts concerning roads highways, bridges and ferries, approved January 12th 1827, and, an act, to make further compensation to John


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D. Terrell for services rendered in closing the unsettled accounts between this State and Mississippi, 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 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, was read the third time as amended and passed, Ordered, that the House of Representatives be informed thereof.

A bill to be entitled, an act, to change the names of certain persons therein mentioned; and, an act, to authorize William Hynes to sell and convey a certain tract of land therein mentioned and for other purposes, were severally read the third time and passed: Ordered, that the Secretary acquaint the House of Representatives therewith. A bill to be entitled, an act to increase the Capital of the Bank of the State of Alabama was read the third time.

Mr. Jackson moved that the bill lie on the table, till the first day of June next, a call of the House being demanded, the bill, according to a rule of the Senate, was laid on the table for one hour.

A bill to be entitled, an act, to establish the damages to be paid on writs of Error, 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 to incorporate the Trustees of Oak Grove Academy of Perry county, and, an act to provide for the payment of Petit Jurors in the county of Jefferson 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 forthwith and passed-- Ordered, that they be returned to the House of Representatives.

A bill to be entitled, an act, to require the Judges of the county courts to renew their bonds: an act, for the benefit of the Estate of Daniel Davis, late of Monroe county deceased: 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; and, an act to repeal an act entitled an act, to provide for the payment of Petit Jurors in the Counties there named, and for other purposes passed December 25th, 1824, as far as the same applies to the county of Autauga, and for other purposes, were severally read the second time and ordered to a third reading tomorrow.

A bill to be entitled 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 Bylers Turnpike road, was read the second time and referred to a special committee consisting of Messrs. Powell, Moore & Hubbard, to consider and report thereon.

Mr. Barton, obtained leave to introduce a bill to be entitled, an act, amendatory of the several acts heretofore passed in relation to the public revenue, which was read and ordered to a second reading tomorrow, and then the Senate adjourned till tomorrow morning at 9 o'clock.