Friday, November 30th, 1827.

The Senate met pursuant to adjournment.

Mr. Powell presented the account of Hiram P. Cochrane, Sheriff of Tuskaloosa County against the State; which was referred to the committee on accounts and claims.

Mr. Powell from the joint committee on Enrolled bills reported as correctly enrolled: An act for the relief of James W. Armstrong, which was accordingly signed by Mr. President.

Mr. Barton from the Judiciary committee to whom was referred a resolution of the Senate instructing them to enquire into the expediency of regulating the cases in which deductions shall be made from the salaries of public officers for neglect of  duty in their official capacities and the amount of such deductions; and also into the propriety of compelling the Judges of the several circuit courts to attend on the first day of each term at the several places of holding courts, reported a bill to be entitled. An act to provide for making deductions from the salaries of public officers who may fail or neglect to perform the duties of their office; which was read. Ordered, that the bill be made the order of the day for a second reading to-morrow.

Mr. Barton from the same committee to whom was referred a bill to be entitled an act to provide a more summary mode for the trial of assaults and batteries, reported a substitute for the original bill as an amendment thereto; which was concurred in.

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

Mr. Barton from the same committee to whom was referred a resolution of the Senate instructing them to inquire into and report to the Senate whether the act providing for electing electors to vote for President and


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Vice-President of the United States has not expired by its own limitation; and report whether it is necessary to revive the same with such amendments, as may be deemed essential, reported a bill to be entitled an act to revive and continue in force an act entitled an act to provide for the choosing electors of President and Vice President of the United States, approved Dec. 25th, 1823; which was read.

Ordered that the bill be made the order of the day for a second reading to-morrow.

Mr. Barton from the same committee to whom was referred so much of the Governors message as relates to the instructions given by the Governor to the Solicitor of the first Judicial circuit to institute proceedings in the nature of a Quo Warranto against the Tombeckbee Bank; reported that the committee ask to be discharged from the further consideration of the subject; which was agreed to.

Mr. Barton from the same committee to whom was referred so much of His Excellencys message as relates to an increase of the salaries of the Judges of the circuit courts and the Solicitors reported that it is inexpedient in the opinion of the committee at this time to increase the salaries of said officers; which was concurred in by the Senate.

Mr. Barton from the same committee to whom was referred a resolution of the Senate instructing them to enquire into the propriety of requiring Justice of the peace to give bond and security for the proper and faithful discharge of the duties of their office reported, that it is inexpedient, in the opinion of the committee, to pass such a law. The question being put on concurring in the above report it was determined in the affirmative-

Yeas

11,

nays

8.

The Yeas and Nays being desired on the question to concur those who voted in the affirmative are, Mr. President, Ashe, Brown, Earle, Hubbard, Jackson, Merriwether, Moore, Powell, Skinner and Sullivan. Those who voted in the negative are Messrs. Abercrombie, Barton, Casey, Crabb, Evans, Irwin, Jones, and McCamy, so the report was concurred in.

Mr. Barton from the same committee to whom was referred a resolution of the Senate instructing them to enquire into the propriety of simplifying the mode of making up pleadings in the courts of Justices in this State, reported, that it is inexpedient in the opinion of the committee to Legislate upon the subject at this time, which was concurred in.

Mr. President laid before the Senate, a report from the President and Directors of the Bank of the State of Alabama made in pursuance of a resolution "requesting them to report to the Senate the different items of real estate belonging to said institution, how situated at what prices purchased, and what sum or sums have been paid for the same and what sum or sums are now, or may become due from said institution, on any contract or contracts for the purchase of any real or personal estate of improvement thereon and if any contracts have been made for the purchase of real estate and for erecting a Banking House thereon, that said President and Directors be requested to state by what authority the same have been made;” which report was read and referred to the committee on the Judiciary to consider and report thereon.

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

Mr. President- The House of Representatives have adopted the following resolution in which they desire your concurrence: Resolved, that with the consent of the Senate the two houses will go into the election of


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a Judge of the county court of St. Clair, at 12 o'clock to morrow, and that the East end of the Hall be set apart for their reception.

Ordered that the Senate concur in the above resolution and that the Secretary acquaint the House of Representatives therewith.

Mr. President laid before the Senate a communication in writing from James I. Thornton, Esq. Secretary of State transmitting an abstract of the Census of the several counties of this State as returned to his office in pursuance of a resolution of the Senate.

Ordered that the communication lie on the table, and that thirty copies of the abstract of the census be printed for the use of the Senate.

Mr. Abercrombie offered the following resolution: Resolved, That the Judiciary committee be instructed to enquire into the expediency of fining and imprisoning Justices of the peace who refuse to pay over money collected by them to the owner.

Mr. Abercrombie moved to amend the resolution by adding at the end thereof the words “according to law,” which was lost.

Mr. Hubbard moved to amend the resolution by striking out all after the words expediency and inserting the word “of inflicting suitable penalties upon Justices of the peace for failing to pay over money collected by them;” which was carried.

Mr. Powell moved further to amend the resolution by striking out all after the word expediency and inserting the following “of passing a law requiring all moneys collected by constables to be by them paid over to the plaintiff of persons authorized to receive such moneys and for the same not to be paid into the hands of Justices of the peace” which motion was lost.

The question was then put on the adoption of the resolution as amended and determined in the affirmative -

Yeas

12,

Nays

7.

The yeas and nays being desired, those who voted in the affirmative and Mr. President, Abercrombie, Barton, Brown, Casey, Crabb, Evans, Hubbard, Jones, McCamy, Skinner and Sullivan.

Those who voted in the negative are Messrs. Ashe, Earle, Irwin, Jackson, Merriwether, Moore and Powell.

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

Mr. President- The House of Representatives have read a third time and passed bills which originated in their House entitled an act to emancipate certain persons therein named; An act better to secure the benefit of the laws exempting certain property from execution to poor families of this State, and An act to provide for the arranging filing and preservation of the papers relating to unfinished business of each session of the Legislature. In all of which they desire your concurrence.

The bills mentioned in the foregoing message were severally read the first time in the Senate and ordered to a second reading to-morrow.

Engrossed bills entitled an act for the relief of William W. Garrard. An act to amend an act entitled, An act excluding from suffrage serving as jurors, and holding offices such persons as may be convicted of bribery forgery and perjury, and other high crimes and misdemeanors. An act to give justices of the peace jurisdiction of certain contracts therein named. An act for the relief of Henry Box; and an act for relief of Pleasant Wright, former jailor of Greene County, were severally read the third time and passed.

Ordered that the titles of the bills be as aforesaid and that they be reported to the House of Representatives for concurrence.


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A bill from the House of Representatives entitled an act to provide for an extra term of the circuit court of Mobile County, was read the third time and passed. Ordered, that the bill be returned to the House of Representatives.

A memorial to the Congress of the United States requesting a postponement of the sales of the public lands in the Tuskaloosa and Cahawba Districts was read the second time.

Mr. Jackson moved that the memorial be referred to a special committee with instructions to amend it as to make the application for a postponement of the sales to the President of the United States instead of to Congress; which was lost-

Yeas

8,

Nays

11.

The yeas and nays being desired, those who voted in the affirmative are Messrs. Abercrombie, Barton, Brown, Earle, Jackson, Jones, Merriwether and Powell.- Those who voted in the negative are, Mr. President, Ashe, Casey, Crabb, Evans, Hubbard, Irwin, McCamy, Moore, Skinner and Sullivan. Ordered, that the memorial be engrossed for a third reading to-morrow.

A bill to be entitled, an act more effectually to prevent frauds and fraudulent conveyances and for other purposes, was read the second time and referred to the committee on the judiciary to consider and report thereon.

Bills to be entitled an act supplementary to an act entitled an act to alter and amend the Charter of Incorporation of the City of Mobile, An act to prevent the abatement of suits in certain cases. An act to extend the corporate limits of Bellefont. An act for the relief of Bushrod W. Bell, and An act authorizing a Lottery for the benefit of Cyrus Chapter No. 6 of Royal Arch Masons and of Florence Lodge No. 14, of ancient Free Masons in the Town of Florence, were severally read the second time and ordered to a third reading to-morrow. Ordered, that the bill entitled an act to amend an act Incorporating the Town of Huntsville lie on the table. Ordered, that Mr. Casey be added to the committee on the Judiciary. Ordered, that Mr. Earle be added to the same committee.

And then the Senate adjourned till to-morrow morning at 10 o'clock.