Wednesday, December 19, 1821.

The bill to be entitled an act to amend the several acts in relation, to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts are repug-


227

nant to the provisions of this act, was returned by His Excellency with the following communication:

Executive Department, December 18, 1821.

Gentlemen of the House of Representatives,

The Bill which was presented to me on Monday the 17th inst. originating in the House of Representatives, entitled, "an act to amend the several acts in relation to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act," has been examined with that respectful consideration which is due to the deliberate act of a co-ordinate department of the government, involving as it does, questions of the deepest, permanent interest to the State. Many reasons would have rendered a longer time for reflection desirable. --- The law about to be passed is one of no ordinary importance; some of its provisions are new and untried by any former experiment --- the law, when passed, will be beyond the reach of repeal or amendment. Should it not answer the salutary purposes anticipated, it will stand as a continual bar against any other system for twenty years at least. I am, at the same time, sensible that a wisely adjusted banking institution may contribute great facilities to the fiscal concerns of the State government, and remove, to some extent, the embarrassing evil of a depreciated currency which depressed a most important portion of our community.

The advanced stage of the session, and the general anxiety which is felt to bring its labors to a close, requires that I should not detain you longer in presenting the reasons which have induced me to believe that I should not approve the bill in its present form.

These applying partly to the constitutionality, and partly to the propriety and expediency of the system proposed; for convenient, reference it may be proper to extract so much of that section of the constitution as relates to the subject.

'ESTABLISHMENT OF BANKS.'

"Section 1. One State Bank may be established with such number of branches as the General Assembly may from time to time, deem expedient, Provided, That no branch bank shall be established, or bank charter renewed under the authority of this State, without the concurrence of two thirds of both Houses of the General Assembly. And provided also, That not more than one Bank, nor branch


228

Bank shall be established, nor bank charter renewed at any one session of the general assembly; nor shall any bank, nor branch bank be established, nor bank charter renewed, but in conformity with the following rules.

Rule 1. "At least two fifths of the capital stock shall be reserved to the state. Rule 2. A proportion of power in the direction of the Bank shall be reserved to the state, equal at least, to its proportion of stock holden therein. Rule 7. After the establishment of a General State Bank, the banks of this state now existing, may be admitted as branches thereof, upon such terms as the legislature and said banks may agree, subject, nevertheless, to the preceding rules."

1. The character of the institution, authorized by the first clause is defined --- "one State Bank." To constitute it such, a controlling power at all times in the state, to some extent, is essential.

How far the interest of the state should be proportionate to this power is another question. The 2nd rule requires the latter, to be at least equal to the former. Yet, although the state is invested with an interest to the amount of one hundred thousand dollars, which, by the 11th section, it is bound to subscribe shortly after the bank shall go into operation; it is allowed no voice in the first direction of the institution, nor until it may have continued in operation several months. Even if the letter of the constitution is evaded by postponing the subscription on behalf of the state until after the first interest of the state was fixed and certain from the very commencement. This defect will appear to be of no trivial importance, when it is considered how materially, the early operations of such a bank will effect, its course of policy and interest.

The first officers are selected; bye-laws and ordinances are then established; discounts to a greater proportion are made than at any subsequent period. But above all, the adoption of the existing banks as branches under the 16th section of the bill may take place at this period, when the State Bank shall become responsible for all the debts and circulating paper of the adopted banks; and the power of accepting the indemnity proposed by the 25th section of the bill will, of course, then be exercised. In this arrangement the state must feel a deep interest. The main bank may be come a debtor to more than half a million of dollars by the


229

connexion, should all the existing banks come in. The president and directors thereof when this happens, of course have the power under the last named section to judge of, and accept the necessary security to be taken from, the adopted branches. No period of the history of the institution may be so important to its interest; and I will ask what security have we, in reasonable probability, that at the very season when this connexion is forming, the mother bank while taking this security may not be governed by the direct or indirect influence of the adopted ones; the power of the state being excluded in this arrangement, though a large stock holder, and eventually responsible in its proper proportion. This responsibility arises from the very nature of the connexion, and is also strongly inferred from the proviso in the 17th section, and from the 25th section of the bill which, on any other supposition, would have been unmeaning.

2. The bill in the 16th section adopted any of the existing banks as branches, on the payment of one hundred thousand dollars as subscribers to the mother bank, and conforming to the conditions of the 25th section.

Thus does the bill "establish" three branches out of the existing banks, at least so for as a statute is requisite to do so, and as far as any statute ever does. The completion depends on their acceptance of the terms; and virtually, as original bank is also established by the same bill.

Notwithstanding the title purports to be an amendment of an existing bank-law; yet such law had never gone into effect nor never could, hereafter, as it is believed without a reviving statute nor is it believed that the surviving superintendants mentioned therein, could exercise the powers extended in the 15th, 16th, and 17th section of the act of June, 1821, mentioned in the last section of the bill. The bill must therefore be viewed in regard to the constitutional provisions as establishing a new bank, and indeed it is substantially a new one. The interest of the State and its power over the institution, are variant from the former law in its provisions, and the location of the institution instead of being fixed, is left to a joint voted. It is worthy of consideration how far this comports with the first clause of the recited section of the constitution, prohibiting the establishing of more than one bank or branch at the same session. The

20


230

evil to be guarded against by that provision applies as well to the revival of an obsolete bank charter, and the conversion of banks in to branches, as the forming of original banks and branches. The vial to be prevented was the combination of variant interests into one measure, ensuring the passage of all, when either, alone, on its separate merits might have resulted differently: and indeed, by the adoption, there is virtually a renewal and extension of the original charters which require a higher majority.

3. The 7th rule supposes the pre-existence of a general State Bank in operation, when the existing ones are to be admitted as branches, and that an agreement is effected between the banks and the legislature as to the terms of admission. There appears to be sound policy in requiring this course whether the constitution requires it or not. The parties will have a particular knowledge of the affairs of each other, and the legislature may act understandingly, and all eyes be open. But in the present case, we do not know from any official source what the condition of any of the existing banks may be. The amount of debts, and the nature of the credits, or how secured --- what quantity by personal security --- what portion by stock security (which in a bank that is in declining circumstances is equal to no security at all) and as to the periods when payment may be enforced. All these particulars should be know, both to the legislature and the respective banks forming the union, and especially when the State is to be a large stock-holder. The terms of connexion proposed between the mother Bank and branches, when adopted, are liable to the following objections:---

The former as it is believed will be involved, in all the debts of the latter at the moment of the union, while the adopted branch will retain all the power and control of renewing notes already discounted, and all the profit therefrom, as necessarily presumed by declaring separate dividends thereon in their original corporate capacity. The 18th section clearly secures this privilege and by strong implication allows the adopted bank to retain all its original corporate powers, except in the discounting of original notes. Exhibiting the anomalous character of an institution acting in a two fold capacity, of an independant bank as to many powers, and also of a branch bank. In the for-


231

mer capacity renewing notes to the amount of thrice the original capital, and declaring dividends thereon; and at the same time, receiving dividends on the same capital as subscribers to the mother bank. If this be not the intention of those who framed the bill, it may at least bear this construction. This if so will certainly be an undue advantage to the particular stockholders of the adopted bank, that may observe the policy of putting all its specie fund in the mother bank. If the State Bank is involved in the original debts of the adopted bank, it appears but fair that it should derive the profits from, and have some control over, the renewal of the discounts, on account of which those debts were created, and from payment of which they are not to be discharged. At all events the extend of control over adopted banks is not sufficiently defined. The section of the bill on which this construction is given, is in the following words:

"Section 13th. And be it further enacted, That when any of the incorporated banks in this state shall become a branch of the state bank, it shall be the duty of the President and Directors in behalf of said bank, to sign a relinquishment, surrendering so much of the right, granted in her charter as authorizes the loan or loans of money in any manner whatever, either by discount or otherwise, which shall be considered as binding on said corporation: Provided, that they may renew discounts already made by said corporation."

The effect of the proposed system on the state of the currency in that section of the state most needing renovation, deserves a considerations among the reasons for disapproving the bill. It is believed that the favourable anticipations from it in this respect would prove illusory. To illustrate this it is only necessary to advert to the proviso in the 17th section of the bill, which is, that a bank becoming a branch, "shall receive so much of the paper of said state as will when added to the debts due by said bank, and the paper unredeemed, make up the amount to which the subscription of the said branch would entitled said branch to receive."

This is the amount of the state bank paper, which the adopted branch would have to discount to its customers, and with which to accommodate the surrounding community --- Apply this rule to the existing bank in the Northern section of the state. Suppose it to subscribe to the extend of its reported specie capital, $100,000, and that the state bank


232

will conclude to discount to the full extend of its power(thrice the capital,) the proportion to that branch would be $300,000, if it owed nothing; deduct from this its debts and unredeemed paper, which we will for illustration suppose to be not much short of a published statement on the subject (considerably over $300,000.) The result is, that the branch in question would not be entitled to receive for discounting, any of the notes of the mother bank, until it should have redeemed its debts to that sum; and to effect this reduction, large curtailments and great pressure on the old customers would be requisite. In this interval all the discounts would be made at the mother bank or some other branch. It is not seen by what fair banking operation the community in that quarter will be supplied with a dollar of the state bank paper, through the medium of the branch for a considerable period. And the state of the staple produce in that quarter takes such a direction to market that it is not conceived the state bank paper discounted at a distance would have any material effect on the circulation there, until the commercial intercourse shall have materially changed; unless indeed the ultimate liability of the state to pay the circulating notes, may aid their credit. But this liability, being indirect may not have great influence. The value of a circulation paper as money, is not so much estimated by its ultimate solvency, as to its immediate convertibility into money. In presenting my reasons for believing that the proposed plan will not remedy the evils of a depreciated currency, where it is most severely felt, it may not be improper to suggest that two other modes might be preferable and avoid all the objections. 1st. Let the northern bank as a corporation be allowed to subscribe and pay in, such specie capital as it may see proper, not as a branch, but to continue for the present as a distinct bank. The state bank not being liable for its debts might at once deliver its notes to at least the amount of capital paid in, on which paper a redemption of its notes in circulation and prudent discounts might be made. And, afterwards a more intimate connexion might be formed by mutual agreement between said banks and the legislature agreeably to the 7th rule on the subject, in the constitution, on terms mutually advantageous. 2nd. In case the northern bank should not agree to those terms of should they fall short of the desired effect,


233

an original branch may be established in that quarter, shortly after the bank shall have gone into operation. This will be unfettered by old debts and unredeemed paper, and may at one receive its full proportion of state bank paper for discounting. That wealthy and populous region of our state has sufficient reasons for supporting a respectable original branch of the state bank, without the necessity of establishing a system by which the state bank, shall assume the debts of the existing bank.

Before closing my remarks, I must acknowledge that in these views of this important question I may labour under misimpressions, which on a more mature reflection, I would be anxious to correct. But feeling very sensibly the important influence of such an institution as shall now be formed on all the monied concerns of the state for nearly a quarter of a century, reflecting also, that the valuable fund for the support of a seminary of learning, in addition to such interest as the present bill proposes to allow the state, together with individual capital, and such specie capital as existing banks may subscribe, without involving the state in debt, may be a proper basis for a state bank: each interest being represented in fair proportion from the commencement --- and believing many of these most important interests not to be fairly provided for in the bill; while the institution would commence its operation under the probable incumberance of an immense debts. It is under these reflections, and the most solemn, impressions of duty that I have disapproved the bill.

I have the honour to be,

Your most obt. servt.

ISRAEL PICKENS.

The bill was then put upon its passage, and there not being a majority of the whole number elected, in favour of it, it was lost. Ayes 26 --- Nays 20.

Those who voted in the affirmative, are,

Messrs. Allen, Armstrong, Ayers, Bagby, Barclay, Carr, Clay, Dabney, Dale, Davis, Hardwicke, Holderness, Hopkins, Leake, Murrell, Moore, Morton, Martin, Philpott, Perry, Parham, Smith, Thompson, Vining, Weedon, Williams.

Those who voted in the negative, are

Mr. Speaker, Beene, Crenshaw, Duckworth, Edmondson, Evans, Elmore, Greening, Graham, Kennedy, Montgomery, Magoffin, Miller, McHenry, Norwood, Pickett, Powell, Skinner, Tagert, Williamson.

Mr. Perry, from the committee on enrolled bills, report-

20*


234

ed, that the committee had examined bills of the following titles, to wit:

Memorial of the Legislature of the State of Alabama, on the subject of the claims of Col. Samuel Dale;

An act to make appropriations for the year 1822;

An act to amend the law regulating proceedings upon the claims of property under execution;

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

An act making appropriations for the payment of certain claims against the state; and,

A resolution appointing a commissioner to act with other commissioners in fixing the temporary seat of justice for Decatur county: All of which they find truly enrolled.

A message was received from the Governor by Mr. Pleasants, Secretary of State, informing this House, that he did on approve and sign.

An act to authorize the Judge of the County Court and commissioners of the roads and revenue of Butler county, to levy an extra tax for building a court house and jail in and for said county, and for other purposes;

An act supplementary to an act to establish a State University;

Resolution, returning the thanks of this legislature to Jeremiah Austill for his heroic exertions during the late Creek ware, and particularly for his gallant conduct when in company with Brevet Brigadier General Dale, in the canoe action of the Alabama river;

An act prescribing the manner of changing the venue in criminal cases and for other purposes; An act to repeal in part and amend the 43rd section of an act to organize the militia of this state, passed 20th December, 1820;

Resolutions, authorizing the tax collectors of the counties of Madison and Limestone to pay into the Huntsville Bank the amount of taxes due from their respective counties;

Resolutions, concerning the printing the journals and laws of the present General Assembly, and for other purposes; and,

An act for the relief of Thomas H. Kirby, tax collector of Jackson county for the year 1820: All of which originated in this House.


235

On motion of Mr. Bagby, Resolved, That a committee be appointed to inform the Senate, that this House is ready to receive them to go into the election of trustees of the State University. whereupon, Messrs. Bagby and Armstrong were appointed said committee.

The Senate having repaired to the hall of the House of Representatives, the two Houses proceeded to the election of trustees of the State University for the first judicial circuit. George W. Owen, John Murphy, George Buchannon and William Crawford being in nomination, the votes stood thus:

For Mr. Owen 39
For Mr. Murphy 32
For Mr. Buchannon 24
For Mr. Crawford 31

The Speaker thereupon declared Mr. Owen and Mr. Murphy duly elected.

Those who voted for Mr. Owen, are

Messrs. Casey, Chambers, Devereux, Dennis, Elliott, Lanier, McVay, Trotter, Ware, Wingate, [of the Senate.] Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Carr, Clay, Crenshaw, Dabney, Dale, Davis, Duckworth, Edmondson, Evans, Elmore, Graham, Hardwicke, Holderness, Montgomery, Murrell, Moore, Martin, McHenry, Powell, Philpott, Parham, Skinner, Williams, Williamson. [Rep.]

Those who voted for Mr. Murphy, are

Mr. President, Casey, Davis, Garth, Gause, Gaines, Hogg, May, Wingate. [of the Senate.] Mr. Speaker, Ayers, Beene, Carr, Crenshaw, Dabney, Dale, Duckworth, Evans, Elmore, Greening, Graham, Hardwicke, Leake, Magoffin, Miller, Morton, Pickett, Skinner, Smith, Vining, Williams, Williamson. [Rep.]

Those who voted for Mr. Buchannon, are

Mr. President, Chambers, Dennis, Elliott, Gause, Hogg, Lucas, Lanier, May, Trotter, Ware, [of the Senate.] Mr. Bagby, Barclay, Beene, Davis, Hopkins, Kennedy, Norwood, Pickett, Perry, Parham, Tagert, Thompson, Vining, [Rep.]

Those who voted for Mr. Crawford, are

Messrs. Davis, Devereux, Garth, Gaines, Lucas, McVay.[of the Senate.] Messrs. Allen, Armstrong, Barclay, Clay, Edmondson, Greening, Holderness, Hopkins, Kennedy, Leake, Montgomery, Magoffin, Murrell, Miller, Moore, Morton, Martin, McHenry, Norwood, Powell, Philpott, Perry, Smith, Tagert, Thompson, [Rep.]

The two houses then proceeded to the election of Trustees, for the second judicial circuit:

Henry Hitchcock, and George Phillips, being the only persons in nomination, and every member present voting for them, the Speaker declared them duly elected.

The two houses then proceeded to the election of Trustees, for the third judicial circuit:


236

Hume R. Field, Jack Shackleford, and John Brown, being in nomination, the votes stood thus:

For Mr. Shackleford 54
For Mr. Field 47
For Mr. Brown 25

The Speaker thereupon declared Mr. Shackleford, and Mr. Field, duly elected.

Those who voted for Mr. Shackleford, are

Messrs. Casey, Conner, Davis, Devereux, Dennis, Elliott, Garth, Gaines, Hogg, Lucas, Lanier, McVay, May, Ware, Wingate [of the Senate.] Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Barclay, Carr, Clay, Crenshaw, Dale, Davis, Duckworth, Edmondson, Elmore, Greening, Graham, Hardwicke, Holderness, Hopkins, Kennedy, Leake, Montgomery, Murrell, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Parham, Smith, Tagert, Vining, Williams, Williamson [Rep.]

Those who voted for Mr. Field, are

Mr. President, Chambers, Davis, Devereux, Elliott, Garth, Gause, Hogg, Lucas, McVay, May, Trotter, Wingate, (of the Senate) Mr. Speaker, Armstrong, Bagby, Beene, Clay, Crenshaw, Davis, Duckworth, Edmondson, Evans, Elmore, Greening, Graham, Holderness, Kennedy, Leake, Montgomery, Magoffin, Miller, Moore, Morton, Martin, McHenry, Norwood, Powell, Philpott, Perry, Parham, Skinner, Tagert, Thompson, Vining, Williams, Williamson, [Rep.]

Those who voted for Mr. Brown, are

Mr. President, Casey, Conner, Chambers, Dennis, Gause, Gaines, Lanier, Trotter, Ware [of the Senate.] Messrs. Allen, Ayers, Barclay, Beene, Carr, Dale, Evans, Hardwicke, Hopkins, Magoffin, Murrell, Pickett, Skinner, Smith, Thompson, [Rep.]

The two houses then proceeded to the election of Trusteeds for the fourth judicial circuit:

Nicholas Davis, John McKinley, and Peter Martin, being in nomination, the votes stood thus:

For Mr. Davis 60
For Mr. McKinley 32
For Mr. Martin 32

Mr. Davis being the only candidate who had a majority of all present, the Speaker declared him duly elected.

Those who voted for Mr. Davis, are

Mr. President, Casey, Conner, Chambers, Devereux, Dennis, Elliott, Garth, Gause, Gaines, Hogg, Lucas, Lanier, McVay, May, Trotter, Ware, Wingate, [of the Senate.] Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Barclay, Beene, Carr, Clay, Crenshaw, Dabney, Dale, Davis, Edmondson, Evans, Elmore, Greening, Graham, Hardwicke, Holderness, Hopkins, Kennedy, Leake, Montgomery, Magoffin, Murrell, Miller, Moore, Morton, Martin, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Smith, Tagert, Thompson, Vining, Williams, Williamson,[Rep.]


237

Those who voted for Mr. McKinley, are

Messrs. Conner, Garth, McVay, Trotter, Ware, [of the Senate.] Mr. Speaker, Allen, Armstrong, Bagby, Barclay, Clay, Crenshaw, Dabney, Dale, Davis, Evans, Greening, Graham, Hardwicke, Holderness, Hopkins, Moore, Morton, Martin, McHenry, Pickett, Powell, Philpott, Perry, Smith, Vining, Williams, [Rep.]

Those who voted for Mr. Martin, are

Mr. President, Casey, Chambers, Devereux, Dennis, Elliott, Gause, Gaines, Hogg, Lucas, Lanier, May, Wingate, [of the Senate.] Messrs. Ayers, Beene, Carr, Edmondson, Elmore, Kennedy, Leake, Montgomery, Magoffin, Murrell, Miller, McHenry, Norwood, Perry, Parham, Skinner, Tagert, Thompson, Williamson, [Rep.]

The two Houses then proceeded to the election of another trustee, for the fourth judicial circuit.

John McKinley and Peter Martin being in nomination the votes stood thus:

For Mr. McKinley 35, for Mr. Martin 28.

The Speaker, thereupon, declared Mr. McKinley duly elected. Those who voted for Mr. McKinley, are

Messrs. Conner, Davis, Garth, Gaines, McVay, Trotter, Ware, [of the Senate.] Mr. Speaker, Allen, Armstrong, Bagby, Carr, Clay, Crenshaw, Dabney, Dale, Davis, Evans, Greening, Graham, Hardwicke, Holderness, Hopkins, Leake, Miller, Moore, Morton, Martin, McHenry, Pickett, Powell, Philpott, Smith, Vining, Williams, [Rep.]

Those who voted for Mr. Martin are,

Mr. President, Casey, Chambers, Devereux, Dennis, Elliott, Gause, Hogg, Lucas, Lanier, May, Wingate, (of the Senate.) Messrs. Ayers, Barclay, Beene, Duckworth, Edmondson, Elmore, Kennedy, Magoffin, Murrell, Norwood, Perry, Parham, Skinner, Tagert, Thompson, Williamson, [Rep.]

The two Houses then proceeded to the election of trustees, for the fifth judicial circuit.

Henry Minor, Thomas Fearn and Isaac Jackson, being in nomination, the votes stood thus: For Mr. Minor, 59, for Mr. Fearn 34, For Mr. Jackson 33.

The Speaker, thereupon, declared Mr. Minor and Mr. Fearn, duly elected.

Those who voted for Mr. Minor, are

Mr. President, Casey, Chambers, Davis, Devereux, Dennis, Elliott, Gause, Gaines, Hogg, Lucas, Lanier, McVay, May, Trotter, Ware, Wingate, (of the Senate.) Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Barclay, Carr, Clay, Crenshaw, Dabney, Dale, Davis, Duckworth, Edmondson, Evans, Elmore, Greening, Graham, Holderness, Hopkins, Kennedy, Leake, Montgomery, Magoffin, Murrell, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Skinner, Smith, Tagert, Thompson, Vining, Williams, Williamson, [Rep.]

Those who voted for Mr. Fearn, are

Messrs. Conner, Davis, Garth, Gaines, McVay, Ware, [of the Senate.]


238

Mr. Speaker, Allen, Armstrong, Barclay, Clay, Crenshaw, Dabney, Davis, Edmondson, Evans, Greening, Graham, Holderness, Hopkins, Leake, Montgomery, Murrell, Moore, Morton, Martin, Powell, Philpott, Perry, Parham, Skinner, Smith, Williams, Hardwicke, [Rep.]

Those who voted for Mr. Jackson, are

Mr. President, Casey, Conner, Chambers, Devereux, Dennis, Elliott, Garth, Gause, Hogg, Lucas, Lanier, May, Trotter, Wingate, [of the Senate.] Messrs. Ayers, Bagby, Carr, Dale, Duckworth, Elmore, Hardwicke, Kennedy, Magoffin, Miller, McHenry, Norwood, Pickett, Parham, Tagert, Thompson, Vining, Williamson. (Rep.)

The two Houses then proceeded to the election of trustees, for the sixth judicial circuit.

Clement C. Billingsley, John Herbert and Robert W. Carter, being in nomination, the votes stood thus: For Mr. Billingsley 49, for Mr. Carter, 44, For Mr. Herbert 29.

The Speaker, thereupon, declared Mr. Billingsley and Mr. Carter duly elected.

Those who voted for Mr. Billingsley, are

Mr. President, Casey, Conner, Chambers, Davis, Dennis, Elliott, Gause, Hogg, Lucas, Lanier, Trotter, Wingate, (of the Senate.) Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Car, Clay, Dabney, Davis, Duckworth, Edmondson, Evans, Elmore, Hardwicke, Hopkins, Kennedy, Leake, Montgomery, Murrell, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Parham, Perry, Smith, Tagert, Vining, Williams, Williamson, Skinner, (Rep.)

Those who voted for Mr. Carter, are

Messrs. Casey, Conner, Davis, Devereux, Garth, Gaines, McVay, Trotter, Ware, Wingate, (of the Senate.) Mr. Speaker, Allen, Armstrong, Barclay, Carr, Clay, Crenshaw, Dabney, Dale, Davis, Edmondson, Evans, Greening, Graham, Hardwicke, Holderness, Hopkins, Leake, Montgomery, Magoffin, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Perry, Smith, Tagert, Thompson, Williams.

Those who voted for Mr. Herbert, are

Mr. President, Chambers, Devereux, Dennis, Elliott, Garth, Gause, Gaines, Hogg, Lucas, Lanier, McVay, Ware, (of the Senate.) Mr. Ayers, Bagby, Barclay, Crenshaw, Dale, Duckworth, Elmore, Graham, Kennedy, Magoffin, Murrell, Parham, Skinner, Thompson, Vining, Williamson.

The Senate then returned to their chamber.

On motion of Mr. Greening, Resolved, That a message be sent to the Senate informing them, that this House have completed the business before the, and are now ready to adjourn sine die. Whereupon, Messrs. Greening and Williams were appointed to convey said resolution to the Senate.

A message was received from His Excellency, by Mr. Pleasants, Secretary of State, informing this House, that he did on this day, approve and sign.

An act to repeal in part and amend an act entitled an act


239

to reduce into one the several acts concerning roads, bridges and highways;

An act to make appropriations for the payment of certain claims against the state;

Resolution, appointing a commissioners to act with other commissioners in fixing the temporary seat of justice for Decatur county;

An act to make appropriations for the year 1822;

An act to amend the law regulating proceedings upon the claims of property under execution; and,

A memorial of the legislature of the State of Alabama, on the subject of the claims of Col. Samuel Dale.

A message was received from the Senate by Mr. Lyon, their secretary, informing this House, that they had adopted the following resolution:

Resolved, That a committee be appointed by this House to act with such committee as may be appointed by the House of Representatives, for the purpose of waiting on His Excellency the Governor, and to inform him that both Houses have gone through the business before the, and are now ready to adjourn sine die; and that on their part, they had appointed Messrs. Elliott, Chambers, may and Devereux said committee. Ordered, That the House concurred said resolution : Whereupon, Messrs. Williams, Moore, Hardwicke and Tagert, were appointed a committee on the part of this House.

Mr. Williams from said committee reported, that the committee had discharged the duty enjoined by said resolution, and received for answer from His Excellency, that the had no further communication to make to the Legislature.

Mr. Martin having taken the chair, on motion of Mr. Morton, Resolved, unanimously, that the thanks of this House be presented to the Hon. James Dellett, Speaker, for the able and impartial discharge of the duties of the chair, during the present session of the legislature of the State of Alabama.

The Speaker having resumed the chair, returned his thanks to the House is an impressive and affectionate manner.

A message was received from the Senate by Mr. Chambers, informing this House, that the Senate had gone through all the business before them, and were read to adjourn sine die.


240

Mr. Moore moved, that this House, do now adjourn sine die; which was decided in the affirmative.

The Speaker then declared, that this House stand adjourned sine die.

(ATTEST,)               NAT. DODSON,

Clerk of the House of Representatives.