Tuesday, January 8th 1828.

The Senate met pursuant to adjournment.

Mr. McCamy from the special committee to which was referred a bill to be entitled, an act, to authorize the county court of Jackson county to levy an extra tax, reported the same without amendment.

The bill was then read the third time and passed, ordered that the Secretary acquaint the House of Representatives therewith.

Mr. Powell from the joint committee on enrolled bills reported as correctly enrolled.

Joint resolution proposing amendments to the Constitution of the State

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of Alabama.

An act, to amend an act, entitled, an act, incorporating the town of Huntsville, an act, to authorize Josiah D. Lister administrator of the estate of Charles Vivian dec'd to settle his accounts in the circuit court of Washington county, an act, to repeal an act, entitled, an act, to provide for the payment of petit jurors in certain counties therein named approved 22d December 1826 so far as the same relates to the counties of Dallas, Marengo and Clarke, an act, to extend to St. Clair and Shelby counties concurrent civil and criminal jurisdiction with Autauga county in the creek nation; and, an act, incorporating the town of Courtland in the county of Lawrence, all of which were accordingly signed by Mr. President.

Mr. President, laid before the Senate a letter from Henry Hitchcock Esq. United States Attorney for the Southern District of Alabama, upon the subject of the recent assignment by the Tombeckbe Bank of a part of its debts to the United States; which was read and ordered to be spread upon the journals.

Mr. Miller moved to reconsider the vote of the Senate on the adoption of the Resolution instructing the Secretary to inform the House of Rep's that the Senate recede from insisting on 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 which was lost.- Yeas 8. Nays 12.

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

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

Mr. Hubbard, moved that the Senate concur in the amendment made by the House of Representatives to the bill entitled, an act to organize & establish a circuit court in Dale county and to arrange the counties of 1st 2d and 6th Judicial Circuits; which was lost.

Ordered, that the Senate disagree to the amendments and 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 taken up.

The question was put on Mr. Jackson's motion to lay the bill on the table till the first day of June next and determined in the negative  Yeas 8, Nays 12.

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

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

The question was then put “shall the bill pass” and determined in the affirmative Yeas 12, Nays 8.

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

Those who voted in the negative are, Mr. President, Barton, Brown, Earle, Jackson, Jones, McCamy and Powell. so the bill was passed.

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


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An engrossed bill to be entitled, an act, to authorize the building a Jail in Morgan county, was read the third time and amended by way of ryder on Mr. Jones' motion 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.

A bill to be entitled an act, to authorize the election of a justice of the peace in the town of Columbia in Shelby county, was read the third time amended on Mr. Powell’s motion 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 passed bills which originated in the Senate entitled, an act to provide for reports of the decisions of the supreme court of this State. and have amended the same in the manner herewith shewn, an act, concerning the owners and keepers of mills and other water works and have amended the same as herewith shewn, an act, further to amend the charter of the Bank of the State of Alabama, and have amended the same in the manner herewith shewn, an act to authorize John G. Creagh to bring into this State the slaves of his wards Anne D. Houze and James Houze, and have amended the same as herewith shewn, an act to authorize and requires the Secretary of State to procure and distribute to each county in this State one sett of weights and measures, and have amended the same as herewith shewn; an act, more effectually to prevent frauds and fraudulent conveyances & for other purposes and have amended the same by adding thereto two additional sections. In all of which amendments they desire your concurrence also, an act, to amend an act, entitled an act, to provide for the printing of the laws and Journals, and for other purposes.

They recede from their amendment to the bill entitled, an act, to form a seventh judicial circuit by striking out the seventh section and substituting another in lieu thereof. They also recede from their amendments to the bill entitled, an act, to amend an act, to incorporate the town of Elyton by striking out one dollar in the 13th line of the first section and inserting “twenty five cents.

They have passed bills which originated in the House of Representatives entitled, an act giving additional power to the commissioners for superintending the erection of the State Capitol and compensating the superintendent, an act, to provide for keeping in repair a certain road therein named, an act, to repeal in part a certain act, therein named, an act, to repeal in part an act passed March 1803, and re-enacted with amendments February 1807, an act, to incorporate a Volunteer Company under the name and style of the Monroe Rifle company, an act, concerning the duties of clerk of the county court and other officers, an act, to alter the time of holding company courts martial, an act, for the relief of Joseph Owens, an act, to provide for the preservation of the public arms, an act, for the relief of John Wood, an act, to establish a road from McMurray, old saw mile on the shades creek in Jefferson county to Charles Murdin's in Shelby county.

A Joint remonstrance on the subject of instructions lately given from the Treasury Department, relative to the funds receivable for public lands and a Joint memorial to Congress on the subject of public lands. In all of which they desire your concurrence, ordered, that the Senate disagree 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 Ala-


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bama. Ordered, that they concur in the amendment made by the House to the bill entitled an act, to authorize John G. Creagh to bring into this State the slaves of his wards Anne D. Houze and James Houze. Ordered, that the Senate concur in the amendments made by the House of Rep's to the bill entitled, an act, to authorize and require the Secretary of State to procure and distribute to each county in this State one set of weights and measures.

Ordered, that the Senate concur in the amendments made by the House of Representatives to the bill entitled, an act more effectually to prevent frauds and fraudulent conveyances, and for other purposes. 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 concerning the owners and keepers of mills and other water works by adding a proviso to the end of the 1st section thereof.

Ordered, that they concur in the remainder of the amendments to said bill and that the Secretary inform the House of Representatives thereof.

Ordered that the Senate disagree to the amendment made by the House of Representatives to the bill entitled, an act to provide for reports of the decisions of the supreme court by striking from the 11th line of the 1st section “twelve months” and inserting” two years” and by adding to the bill an additional section securing to the reporter the copy right of the Book Ordered, that they concur in all the other amendments to the bill and that the Secretary acquaint the House of Representatives therewith.

Bills (from the House of Representatives) entitled, an act, to incorporate a Volunteer Company under the name and style of Monroe Rifle company an act, to repeal in part an act passed March 1803, and reenacted with amendments Feb. 1807, an act, concerning the duties of the clerks of the county courts and other officers, an act, to alter the times of holding company courts martial, and, an act, for the relief of Joseph Owens were severally read the first time and ordered to a second reading to-morrow.

A bill to be entitled, an act, to provide for the preservation of the public arms was read, and the rule requiring bills to be read on three several days being suspended, the bill was read the second time forthwith and referred to the military committee.

A bill to be entitled an act, for the relief of John Wood, was read the first time.

Mr. Jackson, moved that the bill lie on the table till the first day of June next; which was lost. The rule requiring bills to be read on three several days being dispensed with, the bill was read the second time forthwith and referred to the committee on Schools and colleges and School and college lands to consider and report thereon.

Mr. Hubbard, offered the following resolution, Resolved, that the standing and special committees of this House report all bills submitted to them to the Senate on or before 3 o'clock in the afternoon of to-morrow, and that all bills &c. referred to any of said committee's be hereafter reported to this House on the day next after such reference; which was adopted.

Mr. Miller, offered the following resolution Resolved with the concurrence of the House of Representatives the two Houses will Assembly in the Representative Hall to elect two Trustees for the University from 1st 2nd 3rd 4th 5th 6th and 7th judicial circuits, and also a judge and


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solicitor for the 7th judicial circuit tomorrow at 6 o'clock P. M. which was adopted.

Mr. Evans, obtained leave to introduce a bill to be entitled, an act, exempting the Judges from alternating at the ensuing terms of their courts, which 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 referred to the committee on the judiciary to consider and report thereon, and then the Senate adjourned till 3 o'clock this evening:

EVENING SESSION.

Mr. Powell, called up the bill to be entitled an act, to incorporate the town of Tuscaloosa, and to repeal an act incorporating said town passed 13th December 1819: Ordered, that the Senate concur in the amendments made by the House to the bill, ordered, that the Secretary acquaint the House of Representatives therewith.

Mr. Jackson called up the bill to be entitled an act, to change the times of holding the county courts of Jefferson Henry and Dale counties.

Mr. Hubbard's amendment being withdrawn the bill was passed, ordered that the title be as aforesaid, and that it be sent to the House of Representatives for concurrence.

Mr. Powell from the Joint committee on enrolled bills reported as correctly enrolled, an act, to form a seventh judicial circuit and an act, to authorize John P. Neale agent of Wm. A. Powell to emancipate John Robinson a man of color, both of which were accordingly signed by Mr. President. Mr. Casey moved to reconsider the vote of the Senate ordering Mr. Hitchcock's letter of to day, addressed to the President upon the subject of the recent assignment by the Tombeckbe Bank of a part of its debts to the government, to be spread upon the Journals which was carried. Yeas 11. Nays 6.

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

Those who voted in the negative are Mr. President, Barton, Brown, Earle, Jackson and Powell.

On motion of Mr. Casey, Ordered, that the letter lie on the table.

Mr. Sullivan from the special committee to which was referred a bill to be entitled, an act, changing the time of holding the county courts of Greene and Perry counties, 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 Representatives therewith.

A bill to be entitled, an act to establish a road from McMurrays old saw mill on the shades creek in Jefferson county to Charles Mundines in Shelby county.

A Joint memorial on the subject of public lands and an act giving additional powers to the commissioners for superintending the erection of the state Capitol, and for compensating the superintendent, were severally read the first time and ordered to a second reading tomorrow.

A joint remonstrance on the subject of instructions lately given from the Treasury Department relative to the funds receivable for public lands, was read the first and second time and referred to a special committee consisting of Messrs. Barton, Crabb and Jackson.

A bill to be entitled, an act to repeal an in part a certain act therein named, was read the first and second time and laid on the table.


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A bill to be entitled, an act to provide for keeping in repair a certain road therein mentioned, 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.

A bill to be entitled, an act to amend the several acts heretofore passed in relation to the public revenue was read the second time and ordered to be engrossed for a third reading tomorrow, and then the Senate adjourned till to-morrow morning at 10 o'clock.