Wednesday, November 20.

The House met pursuant to adjournment.

Mr. Mead presented the petition of sundry inhabitants of Blount county praying the passage of a law fixing the seat of justice near the centre of said county, which was read and referred to a select committee.  Whereupon, Messrs. Mead, Morton and Rather were appointed said committee.

The following message was received from the senate, by Mr. Lyon, their secretary:

Mr. Speaker, and Gentlemen of the House of Representatives: I am instructed by the Senate to inform your honorable body, that the Senate concur in the resolution of your honorable body, that a committee of three persons be appointed in each branch of the General Assembly, to superintend the procuring of stationary for the use of the Legislature during the resent session; and have on their part appointed Messrs. Bibb, Shackleford and Sullivan - and then he withdrew.

Mr. Rather presented the petition of Sherel Holley, and Elijah Foreman, lessees of the sixteenth section, in township seven, range one, west, praying relief from the effects of a hurricane.

Mr. Clay presented the petition of sundry inhabitants of Limestone, praying that a law may pass, preventing the sale of the University lands.

Mr. Morton presented the petition of John Bayne, of Limestone coun-


ty, praying an extension of his lease on the sixteenth section in township five, range three.

Mr. Morton presented the petition of Joel Carter, of Limestone county, containing the same prayer.

Mr. Morton also presented the petition of sundry inhabitants of said county, containing the same prayer.

Mr. Leake presented the petition of sundry inhabitants of Madison, praying an alteration in the law governing agents of the sixteenth sections; all of which were read, and severally referred to the committee on Schools, Colleges, Universities, and School and University land.

Mr. Mead presented the petition of Tobias Dearick and George D. Staton, praying the passage of a law authorizing them to erect a toll gate or gates on a certain road therein named; which was read and referred to the committee on Roads, Bridges, Ferries, &c.

Mr. Clay presented the petition of John P. Hickman, praying the legislature to pass a law authorizing the transfer of a suit at law from the circuit court of Madison county, to the county court of said county- which was read and referred to the Judiciary committee.

Mr. Mead presented the petition of Thomas C. Jones, praying the passage of a law restoring him to the privileges of a citizen.

Mr. Leake presented the petition of Henry Stokes, William Brandon, Samuel Smith, Robert Hamblet, and Charles A. Stokes, praying the passage of a law authorizing the treasurer of Madison county to pay certain demands therein mentioned, out of any monies in the treasury of said countyC

Mr. Norwood presented the petition of sundry inhabitants of Clarke county, praying the passage of a law remunerating Augustus Foscue, for a negro man executed by a sentence of the court of said county - which were read and severally referred to the committee of Propositions and Grievances.

Mr. Harris, of Wilcox, presented the petition of Henry Taylor, praying the passage of a law, manumitting sundry slaves therein named Cwhich was read and referred to a select committee, consisting of Messrs. Harris, Crenshaw and Hallett.

Mr. Morton presented the petition of William Nelson and others, heirs of William Nelson, deceased, praying the passage of a law authorizing them to sell the lands of the said Nelson; which was read and referred to a select committee consisting of Messrs. Morton, Edmondson and Winston.

Mr. rather presented the petition of Joseph Turrentine, administrator of John Turrentine, praying to be authorized to sell certain land therein named; which was read and ordered to lie on the table.

Mr. Gayle presented the petition of John Watkins, administrator of  Thomas Ragland, deceased, praying the passage of a law authorizing the manumission of certain slaves therein named; which was read and referred to a select committee, consisting of Messrs. Gayle, Leake, and Clay.

Mr. Jackson presented the petition of sundry persons therein named, praying that the tract of country which they inhabit, and which is not included in any county, may be erected into a new county; which was read and referred to the committee on County Boundaries.

The Speaker laid before the House a communication from Harry Toulmin, Esq. upon the subject of the Digest of the statutes of this state; which was read and referred to the Judiciary committee.

The Speaker also laid before the house the proceedings of the circuit


court of Morgan county in the case of  Nathan Briley, against Elizabeth Briley for divorce. Ordered, that the said proceedings be referred to the committee on Divorce and Alimony.

Mr. Williams obtained leave to introduce a bill, to be entitled “An act to afford Pickens county separate representation:” which was read a first time and ordered to be read a second time on Saturday next.

And then the House adjourned till two o’clock this afternoon.

Evening Session.

Mr. Clay presented the proceedings of the circuit court of Lawrence county, in the case of Robert Bransford against Jane Bransford for a divorce; which were referred to the committee on Divorce ad Alimony.

On motion of Mr. McClung, resolved, that the members of this House deliver to the committee of Privileges and Elections their respective credentials; that said committee be instructed to consider thereof, and report to the House as they may deem expedient.

On motion of Mr. Young, resolved, that the committee on Roads, Bridges, and Ferries be directed to inquire into the expediency of establishing a turnpike road to lead from the town of Moulton in Lawrence county, the nearest and most direct way so as to intersect the military road leading from Nashville, Tennessee, to New Orleans, at Pikesville in Marion county state of Alabama; and that they report by bill or otherwise.

Mr. Pope obtained leave to introduce a bill, entitled “An amendment to an act establishing a state University;” which was read a first time, and referred to the committee on Schools, Colleges and Universities, and School and University lands.

Mr. Morton from the joint committee appointed to wait on His Excellency, and inform him, that the two Houses of the General Assembly are now organized and ready to receive any communication he may please to make, reported, that the committee have performed the duty assigned them; and received for answer, that His Excellency would make a communication in writing this day at 3 o’clock.

Mr. Clay presented the petition of sundry inhabitants of Lawrence county, praying that measures may be adopted to procure such an amendment to the constitution, as to make the sessions of the General Assembly biennial; which was read and referred to the Judiciary committee.

On motion of Mr. Williams, Resolved, that a committee of five members be appointed to divide the sate into Congressional districts, with leave to report by bill or otherwise; whereupon, Messrs. Williams, Pope, Crenshaw Gayle and Morton were appointed said committee.

Mr. Rather obtained leave to introduce a bill, to be entitled “An act defining the duties of Sheriffs and Constables;” which was read a first time and referred to the Judiciary committee.

On motion of Mr. Gayle, Resolved, that the Judiciary committee be instructed to enquire into the expediency of establishing a separate court of chancery, and that they be permitted to report by bill or otherwise.

Mr. McClung presented the petition of Rosanna Lambkin, administratrix and Elijah Hogan administrator of William Lambkin, deceased, praying the passage of a law authorizing them to sell certain lands therein named; which was read and ordered to lie on the table.

Mr. McClung presented the petition of the Huntsville Fire Engine Company, praying the passage of a law incorporating said company; which was read and referred to a select committee, consisting of Messrs. McClung, Gayle and Adair.


On motion of Mr. Crenshaw, resolved, that the judiciary committed be instructed to inquire into the expediency of establishing some general law, by which the representatives of deceased persons may effect sales of real estate without application to the legislature.

Ordered, that Mr. Hunter, of Conecuh, be added to the judiciary committee.

A message was received from the senate, by Mr. Lyon, their secretary.

Mr. Speaker and Gentlemen of the House of Representatives.

I am instructed by the senate to inform your honorable body, that they have adopted the following resolution:

Resolved, That, with the concurrence of the house of Representatives, a joint committee of the two houses be appointed to draw up and report a more correct system of law for the government of justices of the peace and constables; and have appointed on their part Messrs. Powell, Murphy and Hopkins: B in which resolution they respectfully desire your concurrence.

Ordered, that the house concur in said resolution.

Whereupon, Messrs. Rather, Oliver and Fitzpatrick were appointed a committee on the part of this house.

Ordered, that the senate be acquainted therewith.

A communication was received from his Excellency, by Mr. Pleasants, secretary of state, which he delivered to the speaker and then withdrew and which communication is in the following words.


Cahawba, November 18th, 1822.

Gentlemen of the Senate, And of the House of Representatives:

The transition of a Government from a temporary to a permanent form, is justly considered as forming an interesting period in its history. Of this character is the event of your present meeting. You compose the first General Assembly chosen under the permanent system of representation provided by the Constitution.  The diversity in regard to this vital point which once prevailed, and for a moment created a pause in the duties of legislation, no longer exists, to distract our councils; and your present body is greeted by the general sentiment, as the legitimate depository of the legislative power of the State.   In entering upon the discharge of this trust, the importance of which is enhanced by so many considerations of duty and interest, you cannot fail to be inspired by that disinterested patriotism which is the surest guarantee of useful public service.

The task before you, will embrace many matters affecting not only the present condition, but in a material degree the future destiny of this youthful commonwealth.  While this consideration will necessarily excite your solicitude, much cause of felicitation will be found in the advancing growth, and prosperity of our infant community.  If some portion of our population have experienced the afflictive visitations of providence; these are believed to be mainly attributable to causes either temporary or local.  Our former experience, and the climate and general surface of our country, furnish a reasonable promise of permanent future healthfulness.  Our farms have, with few exceptions, given ample rewards to our industry: and if our staple products have suffered some depression in the markets; an obvious remedy will be found in that economy which will occasion a corresponding retrenchment of foreign expenditure; especi-



ally for such materials as may be furnished by domestic industry: - contributing in the end to render our community more substantially independent.

In our financial concerns some improvement has been experienced within the year by the operation of the measures adopted at the last session.  The warrants on the Treasury which had been to a large amount in circulation and much depreciated have been nearly all discharged and taken up: and all paper on the Treasury is in full credit.

The loan of ten thousand dollars due to the Bank at Huntsville, has in conformity with the law on that subject, been paid, with the exception of a small balance of about three hundred and fifty dollars; the final discharge of which only awaits a liquidation of interest, and of the credits for taxes due the State, on the stock of the institution.  This matter and all others in which the Treasury is concerned will be presented to you in the report of the proper officer.

The small treasury notes authorized to be issued to the amount of thirty thousand dollars have been prepared, of which $8137,25 have been issued, the remainder is in the hands of the Treasurer ready for issuing.

Conformably to the act authorizing a loan from one of the specie paying banks, not exceeding fifteen thousands dollars, and another subsequent act directing the application of that loan, or so much as might be deemed necessary, for the purpose of making such arrangements with those banks as might aid the credit and currency of the Treasury notes, I have thought proper to obtain a loan of four thousand five hundred dollars only; this sum being deemed sufficient for giving credit to any amount that might be issued during the year.  This loan was obtained from the Bank at St Stephens under an arrangement whereby the whole sum borrowed was to remain on deposit in the Bank, as a fund for redeeming the Treasury Notes that should be there presented; and with the understanding that the Bank would receive and re-issue them as freely as their own.  The loan was concluded in July last, when the Treasury Notes were prepared and will expire on the first day of January next.  The principal of the loan being still in the Bank, the only provision necessary will be for the payment of interest.  This comparatively small sum on deposite, when it was known that there was power to enlarge it, has materially aided the credit of these notes in their first circulation: and it is submitted to your wisdom to determine whether a renewal or extension of the loan might be expedient.

It is computed from the best means of estimation in our possession, that the receipts into the Treasury, will, at least be equal to the authorized expenditures: and that no increase of the amount of taxation will be requisite: unless new objects of expenditure to a considerable amount be created.  Altho some improvements might be made, of great public advantage, and such as I have the gratifying hope to see realized at a period not remote, yet as our State is just emerging from financial embarrassment, and without the advantage of a matured system of revenue, it may be questioned whether any expensive objects be now advisable, unless their demand be urgent or their utility obvious.

It will become your duty to make provision by law for the election of Representatives to Congress, according to the late act of apportionment. By that act two representatives were allotted to this State, with a proviso that in consequence of the former returns of our census being incomplete, three instead of two should be allowed to the State, on the event,


that it should be made appear to Congress at their next session,  that the census of the state entitled it to that addition.  It is now fully ascertained, that the State is entitled to three representatives proposed.  And as this fact will be made appear to Congress by the Marshal's return of the census of several counties taken in due time, but not sent previously, no doubt or difficulty can exist in legislating on the subject.

The term of service of one of our Senators in Congress will expire on the third day of March next.  It will therefore be necessary to elect a Senator to serve from that period, the succeeding term of six years.

The devising of a judicious plan for State Bank, will no doubt occupy a necessary part of your attention:- a subject of equal difficulty and importance.  so essential indeed do I consider the plan of the charter of such an institution, that on this mainly will depend the questions of its expediency.  This is to determine whether it may be an evil or a blessing.

A State Bank established conformably to the Constitution- on correct principles - wisely and honestly conducted, would have a most salutary tendency in furnishing a medium, which would obtain a general confidence, and afford facilities for useful public improvement, as well as laudable private enterprize: While an institution otherwise founded, instead of remedying the evils in the existing banks, might prove only a consolidation, and more enlarged and permanent extension of those evils.

Among the mass of experiment before us there is much more to avoid than to imitate.  The disastrous experience of some of our Sister states, shows under what illusions their statesmen and financiers have laboured on this subject.  We have witnessed their expedients to restore a sound circulation - by increasing an issue of paper, already depreciated by redundance, by the consolidation of defective banks, by reorganizing them under new and more popular names.  We have seen all these ending in the same common result, - a lower depreciation and an increased pressure on the community.

In whatever light banking corporations were considered in the early periods of their history, they must at this day be viewed as public state institutions, rather than associations for private enterprize.  Bank paper having now obtained so great a share in the common circulation, and entering so fully into all the public and private dealings of the community, forming indeed an ingredient in the very cement of society; that this should maintain a sound credit, is therefore a most important public object.- The framers of our Constitution have thus considered it in the unusual cautions they have provided on the subject: And having restricted the power of the Legislature to one distinct institution, their cautions will be the more essential to be observed, in the structure of that one, to afford all reasonable security for its subserving the public purposes; otherwise it might prove a dangerous monopoly.

To furnish this security, several requisites appear almost indispensible:

1st.  The State should at all times have a material influence in the government of the corporation - and that, whatever may its interest in the capital.  Although it has often occurred, that the policy of a banking company may coincide with the public interest, eminent exceptions to this have been too frequently witnessed; wherein the excessive issue and consequent depreciation of paper has been long continued as a source of inordinate profit.


2nd.  That the State should have an interest in the capital, in some degree proportionate to its control, appears desirable; as tending to acquire the more fully the confidence of individual stockholders.  Here some difficulty is presented in the present imperfect state of our means I will, however, with great deference, suggest a few of the sources from which some share of this interest may be possibly derived.  The first may consist in a reasonable bonus.  In estimating the amount of this, some aid may be derived from the example of the Charter of the National Bank; - A second may consist of a loan from the bank on reasonable interest, to be effected by allowing the State, on the Bank going into operation, to subscribe without payment, for a given number of shares.-  Farther means may be obtained by a mutual arrangement between the State and the Trustees of the University.  That institution having determined on a sale of its lands, may find it expedient to invest a portion of the proceeds in stock to be issued by the State Government, bearing six or seven per cent. interest: the principal payable at a remote day; the interest semi annually, at periods corresponding with the times of making bank dividends.   This idea is suggested without knowing the disposition of the Trustees; whose concurrence would be indispensible.  The approaching session of that body will afford however, all necessary facilities for ascertaining their views on this subject.

3d.  a most critical and delicate point will be, the connexion to be formed between the State Bank, and the local ones, in the adoption of the latter as branches.  The most ordinary prudence however dictates, that the former should not only be organized, previously to the arrangement of the the terms of connexion; but that each should have a thorough knowledge of the concerns of each other.  The late expose of the affairs of the National Bank, contains a valuable lesson in point.  This interesting document show how little is actually known of the true situation of such a concern, to all who have not thoroughly investigated its books and its vaults.  It is also a question worthy of reflection, whether after such a connexion is effected, the original corporate powers of the bank converted into a branch should not cease.

4th.  Late experience is full to show the necessity of power in the State; to correct, with ease the violation of the charter, as well as to punish the officers and agents for abuses of their trusts.

5th.  It is worthy of consideration, whether a restriction of the issue of paper to a proportion less than thrice the capital should not be expedient, at least for about the first six years of its business - within that time our land debt, amounting within this State, to at least five millions of dollars will be called for by the general government.  And should a want of prudence in our citizens postpone this payment to the latter part of the period, much pressure must be expected on the community; and great circumspection will be required to prevent its operation upon the Banks that shall furnish the medium of payment.  Another question may also deserve your notice, whether the diminution of profit by this restriction might not be supplied by a small increase of the rate of ordinary banking interest on the renewal or extension of all loans beyond the first term of sixty or ninety days.  This increase, with the greater safety and credit secured by the restricted issue of paper, would be ample amends for any supposed loss by reason of the restriction.

Feeling an impression of the great importance, as I have premised, of a correctly organized system for the only banking institution, the


State has the power under the Constitution to establish, I have felt it my duty to suggest these few leading points, which I deemed material; and the more especially as most of them had not been regarded in any former plan for that institution, of which I have any knowledge.  I am aware that after all that can be done in rendering a bank charter perfect, it must at last depend for its successful operation on the actual existence of competent disposable banking capital.  This cannot be created by fiction.-  But in all events a correct system will prove safe.

Agreeably to the act of last session entitled, “An act in relation to the banking institutions in this state” - on ascertaining that the bank at Huntsville had not resumed specie payments for tits bills at the time specified in that act, I gave information of the fact to the Solicitor of the fifth judicial circuit with instructions to proceed by writ of Quo Warranto against that corporation, which writ was returned to the late term of the circuit court of Madison county.  I have associated with the Solicitor, William Kelly, Esq. as assisting counsel in the prosecution.

The act establishing the present system of county courts will expire by its own limitation on the first of January next.  It will become necessary to extend the act, or provide a substitute.  The limitation of the act shows it to have been an experiment.  Coming as you do form the different sections of the state, you bring together the result of the experience under this system, and of the general sentiment in regard to its utility.  You will therefore be best able to determine accordingly.

The Digest authorized by the act of the last session, is understood to be ready to be laid before you.

The law at present gives the power of qualifying Sheriffs to the Judges of the county courts, who, alone, are to approve of their bonds.  Some inconvenience has been suffered by an occasional absence of the Judge from the county, and by vacancy in his office; happening, when some of the urgent duties of newly appointed Sheriffs required their qualification, especially the duty of drawing jurors now requiring the presence of the Sheriff: This act might be performed in a node less liable to disappointment.  It is also worthy of notice, that there is no provision made for deciding contested elections of Sheriffs and other civil officers of popular appointment, and requiring commissions.

I lay before you the ordinances and minutes of the Board of Trustees of the University at their session held at Tuskaloosa at the time specified in th eighteenth section of the act of incorporation.  A second session of the Board will be held on the first Monday of December next in this town, when their annual report may be expected.  It may become necessary to make some legislative regulations in regard to the lands of the institution, and the investment of its funds.  As, however most of these acts will require hte concurrence of the Board, I defer making recommendation of any specific measures, until that body shall have convened.

Regarding the location of the institution, the board of Trustees agreeably to the tenth section of their charter will most probably submit their view to the legislature.  In determining this material point it is the general expectation that the most disinterested and earnest regard to the prosperity of this favorite institution shall be the governing principle, and that no other distinct subject will be allowed to become entangled with it.-  That some prejudices should be felt at the immediate points having pretensions as suitable sites, is naturally to be expected: beyond this, no sordid or illiberal views are believed to have any existence.  Considering the


acknowledged influence of a diffusion of learning, on the political and social state, the sooner such a selection can be satisfactorily made the better: the earlier of course will the present generation begin to enjoy its benefits in the edification of our youth and in the early development of the natural and moral sources of our country.

The reservation of the seventy two sections of land for the University was considered as nearly completed at the last session.  Its completion as well as the issuing of the patents, was necessarily deferred for the return of the Surveyor General to the General Land Office and to the Executive Department here, showing the contents of numerous fractional sections previously returned as only estimated: Such return has been made within a few days.  Anticipating a deficiency in the quantity selected from the circumstance that a sale of several quarter sections of the former selection had been made in September eighteen hundred and twenty-one, at the land office in Tuskaloosa, the Register not having been informed that those lands were selected.  I submitted, provisionally, other tracts to be reserved: these have proved to be sufficient to fill the complement.  The reservation may now be considered as complete, and patents may very shortly be expected.

I lay before you resolutions of the Legislatures of several of our sister states, respecting the appropriation of a share of the national lands for the purposes of education to be distributed among the older states.  The immense public treasure, and the important national principles involved in the question may render it a proper subject on which to express your sentiments.  Were this extraordinary claim advanced by its advocates on grounds of policy merely, it might well be suffered to press its fortune in silence; and especially as a branch of the legislature of the Union has already given it an unfavorable hearing; but urged as it continues to be by so many legislative bodies interested in its success, as a matter of right, and that too in consideration of what are deemed acts of munificence to the new states composed of lands that were once national territory.  The silence of these states might be constructed into an acquiescence in the doctrines.

The lands granted for a public seminary, and the sixteenth section in each township allowed for smaller schools are viewed as voluntary donations, without consideration, and imposing on Congress the duty, in justice to the older states not thus favored, to grant them each, lands of equal value.  The fallacy of this ground of claim will appear when it is considered, that the reservation of the school section in each township was apart of the general system, under which all the public lands were sold. It became a condition of the sale, and a consideration and inducement with purchasers in estimating the value; and, was no more than the sale of thirty-five lots, with a right of common in the thirty-sixth annexed. The reservation of a tract of two townships within a whole territory prior to the sale of greater part of the lands, is similar in principle: besides, the grant of these school lands is made one of the conditions in the several acts whereby the new states were admitted as members of the Union; in lieu of which other interests were conceded by these states, which would otherwise have been incident to them as rights of sovereignty: among these is the right of interfering in the disposal of the public lands, and the right of taxing those lands for five years after their sale.  Without further remark, I refer the subject to your wisdom and judgment. Much inconvenience and expense has been suffered, for want of sale


prisons for the confinement of criminals in or convenient to the several counties.  I submit, whether it might not be expedient to establish, at least, one secure jail in each judicial circuit.

The commissioners named in the act of the last session for holding elections for county officers in Pike and Covington counties having failed to hold those elections agreeably to the act, it will be necessary again to provide for organizing those counties.

The twenty lots advertised to be sold on the east side of the Alabama within the limits of Cahawba, have been laid off and sold accordingly.

The records of this department will show the result of these sales, and also the operation of the act passed at last session, for the relief to purchasers of lots at the first sales in Cahawba.

The cases pending in the District Court of the United States against the importer of one hundred and eight African slaves, which I brought to the view of the Legislature at last session, have been decided against the claimants or importers; whereupon an appeal has been taken to the Supreme Court of the United States, where they are pending for trial. No disposition of the subject having been made at last session, it remains for your consideration C whether measures are requisite to be adopted not only in regard to this State interest, but all similar cases happening in future.

The commissioners for laying off certain of the roads mentioned in the act of last session have made reports, which have been approved, and accounts thereof transmitted to the Judges of the County Courts for the purpose of causing them to be opened.  Certain portions of these roads are reported to require aid from the State, owing to the want of settlement.   These are referred to your consideration.

The act of Congress of the last session having subjected the payment of the three per cent. fund allowed to the State for internal improvements to certain limitations, I have applied for a statement showing the situation of that interest, and expect daily to be able to lay it before you.

Although our Militia law furnishes a good organization for that species of force, it is worthy of inquiry whether it would not admit of such amendment as to ensure more promptly the annual returns of the strength and condition of the militia.  By these returns our quota of the annual appropriation of two hundred thousand dollars made by Congress for arming the whole body of the militia, is to be determined.  An entire failure in making returns took place last year.  The general orders issued in anticipation of this failure near the close of the year, requiring such returns to be made, have been but partially executed; and the returns for the present year, are not yet received.  Although means have been taken to ascertain and punish the officers in default; yet, delay will be unavoidable in a complicated system of return during periods of peace:-  officers will be more frequently changing places, and will feel less sensibly the necessity of attention:- indeed it will be found impracticable to keep up the perfect discipline of a military body among our free citizens in times of peace and pleasure.  The main purpose to be answered in such times, is to ensure prompt and correct returns, and to keep the organization so complete as to afford the greatest facility for meeting requisitions, when urgency and danger require.  Compensation under the existing plan has not proved sufficient to ensure promptness in making returns: Majors of Brigade and Adjutants of Division are specially chargeable with this duty, and are each entitled to five dollars per day


when on service.  I submit whether this charge on the Treasury may not well be dispensed with, by leaving these offices to be honorary, and by transferring their duties as respects returns to the commanders of regiments, to be made directly to the adjutant general; or by assigning to the latter officer the duty of attending in each regiment, and taking returns.

The following vacancies have been filled in the recess of the Legislature, by appointments which appointments will expire at the end of the session: John Lockhart has been appointed Judge of Marengo County Court in lieu of Shelby Corzine, resigned: John Brown (Red) in lieu of  Thomas W. Farrar, resigned; Nathan Sargent, Judge of Dallas County Court in lieu of William Aylett, resigned: Harry Toulmin, Judge of Washington County Court in lieu of Francis H. Gaines, resigned: Josiah D. Lister, Judge of the same court, in lieu of Harry Toulmin, resigned; John M. Chapman, Judge of Covington County Court in lieu of J. R. Mobly resigned; John Dean, Judge of Conecuh County Court in lieu of Samuel Burnett, resigned; Littlebury Vaughan, Judge of Blount County Court in lieu of William Dunn, deceased; Polydore Naylor, Judge of St. Clair County Court to fill a vacancy in that office by his own previous resignation: and, John Elliott, solicitor of the first judicial circuit, in lieu of Eldridge S. Greening, resigned.

Having now presented you with such matters touching the concerns of the State as I deemed of present moment, it is proper to add, that in the progress, thus far, of this infant member of our happy Union, and in its favorable prospects, we have continued cause of gratitude to that Providence which rules our destinies as men and as a nation, and which has been ever propitious to the principles of our government; principles, which, though almost within our own memory were denounced by the wise of the world as dangerous innovations, have extended their regenerating influence into the new born nations in the southern part of our hemisphere, and are gradually infusing themselves into the sentiments of men in the older regions of the world.

In alleviating the labours of your session, much will depend on that harmony and full confidence which shall prevail among us.  There is no cause connected with our duties that forbids it.  Every consideration of good feeling invites it; and so far as shall depend on the Executive Department, nothing shall be wanting which the most earnest good wishes can contribute toward the object.  And may our joint endeavors for the general good be attended with success.

I have the honor to be your most obedient,


Ordered, that two hundred copies of said communications be printed for the use of the members.

Ordered, that the said communication and the accompanying documents lie on the table.

And the House adjourned ‘till to-morrow 9 o’clock.