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Wednesday, November 20, 1822.

The Senate met pursuant to adjournment.

On motion of Mr. Bibb, Resolved, that a committee of revisal and of the unfinished business of last session be appointed.

On motion of Mr. Bibb, Resolved, that a committee of Divorce and Alimony be appointed.

On motion of Mr. Powell, the following resolution was adopted: 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: Whereupon, Messrs. Powell, Murphy and Hopkins were appointed a committee on the part of the Senate.

Ordered, That the Secretary inform the House of Representatives thereof.

On motion of Mr. Sullivan, Resolved, that the Judiciary Committee be instructed to inquire into the expediency of prohibiting by law, the circuit and county court of Dallas county, being held in the State House.

On motion the Senate adjourned, ‘till 11 o’clock A.M.

11 o’clock, A.M.

The Senate met pursuant to adjournment.

Mr. McVay, from the Committee on Privileges and Elections, to whom was referred the credentials of the members claiming a seat in the senate, from the district composed of the counties of Mobile, Baldwin and Washington, make the following report:

The Committee of Privileges and Elections to whom was referred the contested election in the senatorial district composed of the counties of Washington, Baldwin and Mobile, have had the same under consideration, and beg leave to report, that they have examined the accompanying documents, which were submitted to them, from which it appears that the returns of the election for senator in the counties of Mobile and Baldwin were not received by the sheriff of Washington county, who was the returning officer for the said senatorial district, within ten days after the aforesaid election; that the sheriff of the county of Baldwin, who held the said election in Baldwin county, was elected in August 1821, and subsequently commissioned, but had not given the bond required by law on the first Monday in April last, nor at the time the said election was holden by him, and that the oaths prescribed by law to the taken by the manages of elections, were administered to those of one of the precincts in Baldwin county, by the sheriff of said county,- The law has omitted to designate the person or officer by whom the oaths shall be administered to the managers. but directs the sheriff to hold such elections, and subjects him to a penalty for any deviation from the prescribed manner of conducting them- - the manages must take the oaths, before the commencement of the election or the sheriff incurs the penalty; he is not vested with any power to compel the attendance of any judicial officer to administer the oaths, and the competency of an officer of this character to administer them is doubtful such officer cannot, it is believed, legally administer oaths which do not relate to matters belonging to their jurisdiction, without they are expressly authorized to do so; and the committee have been unable to find any authority given to a judicial officer of any grade, to administer the oaths to the managers of elections as the power of holding elections is expressly granted to the sheriff and a liability to a penalty attached to him for a failure to conduct them legal-


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ly; the correct construction of the law must afford him the means of avoiding such a failure, and to discharge the obligation which it has created on him; the possession, therefore, by the sheriff of the authority to administer the oaths to the managers, appears to be incidental to the power expressly vested in him, of holding the elections, and necessary to enable him to hold them in the manner directed by law, and to avoid the penalty to which he would be liable, if he were to permit the elections to be holden without the manages having previously taken the oaths.  An election in which the omission to administer the oaths to the manages occurs in one holden in a different manner from that directed by law; and the consequence of an election illegally conducted in this respect, is not left to inference. but is expressly declared by the law, and is confined to the sheriff only, who in such an event is liable to a forfeiture of the sum of one thousand dollars; the validity of the election, it is conceived, is not affected by such a neglect of duty in the sheriff.  The sheriffs of Baldwin and Mobile counties are required to make returns for their respective counties, of the election for senator, to the sheriff of the county of Washington, within ten days after the election, and the neglect or refusal of a sheriff to make the return of the election within the time limited, for his performance of this duty, subjects him to a penalty, which is the only consequence that the law has declared shall result from it; the failure therefore of a sheriff to make the returns of an election within the appointed time, seems to be of the same character of the omission to administer the oaths to the managers, which created a liability on the sheriff to a forfeiture, but does not destroy the validity of the election; for the sheriff of Baldwin county to have legally held his office, after the first Monday in April last, it was requisite for him to have given on or before that day a bound with such security by the county court of the said county approved of; his failure to execute by that time the bond, vacated his office, and the filing of the vacancy which his neglect produced, devolved upon the Governor of the state; until the first Monday in April last, the sheriff of Baldwin county was legally the sheriff, without the execution of the bond; for he was not bound before that day to give it: and if after that time, he continued to hold the office of sheriff, and exercise the duties of it, as it appears he did, he was the sheriff in fact, and his acts it is conceived, were valid, until the appointment of a successor to him in the office; the evidence afforded by a commission of his authority was required, before he could act as sheriff, and it seems equally requisite, that a commission to a successor if office should furnish the testimony of the termination of his authority and no successor to him was appointed in the office; until after be held the election.  It was the duty of the sheriff of Washington county, to have declared the person duly elected, senator, who had the greatest number of the ballots in the district, and to have delivered a certificate of election to the senator; but the delivery of the certificate at any time before the commencement of the present session of the General Assembly would have been a compliance with his duty in this respect, because no time for making the delivery is specified by the law and he was not bound to make his return of the person elected senator, to the secretary of state, before the third day of the session of the General Assembly.  It appears, that the sheriff of Washington county on the fifteenth of August last, before he had received the returns from the elections in Mobile and Baldwin counties, certified that Mr. Buchanan was duly elected, and subsequently after he was in possession of the said returns from the counties of Mo-


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bile and Baldwin; he gave to Mr. Francis W. Armstrong, a certificate stating the number of votes given to each of the contesting parties in the district aforesaid, from which last named certificate, it appears that Mr. Armstrong had a majority of twenty-eight ballots in the said district.

They therefore recommend the adoption of the following resolution

Resolved, That from the documents and papers referred to this committee, and on a full investigation of the same, they are of opinion, that Francis W. Armstrong is entitled to a seat as senator from the district composes of the counties of Washington, Baldwin and Mobile.

(Signed)                                                           H. McVay, Chairman.

On motion of Mr. Casey, Resolved, that Doct. George Buchanan have leave to be heard at the bar of this House, in support of his claim to a seat in the Senate.

On motion of Mr. McVay, Resolved, that Francis W. Armstrong have leave to be heard at the bar of this House, in support of his claim to seat in the Senate.

Mr. Smith offered the following resolution: Resolved, that Doct. George Buchanan and F. W. Armstrong of the district of Mobile, Baldwin and Washington, have leave to employ counsel, with leave to come within the bar of this House, and time to prepare any defence they may think proper to make, until to-morrow 10 o’clock.

Mr. Moore moved to strike out all of said resolution after the word Resolved; and on the question being put, it was resolved in the affirmative.

Mr. Moore then moved, to insert in lieu thereof the following: “the Doct. George Buchanan and F. W. Armstrong from the senatorial district, composed of the counties of Washington, Baldwin and Mobile have until to-morrow 10 o’clock, to prepare any defence they may choose to make before this house.”

And on the question being put it was resolved in the affirmative.

On motion the Senate adjourned ‘till 3 o’clock P.M.

3 o’clock, P.M.

The Senate met pursuant to adjournment.

Mr. McVay, from the committee appointed on the part of the Senate to wait on His Excellency the Governor, and inform him that the two Houses of the General Assembly are organized and ready to received and communication he might please to make, reported that the committee had performed the duty assigned them, and received for answer from His Excellency, that he would make a communication, in writing, to the two Houses, this day at the hour of three o’clock.

A communication in writing was received from his Excellency the Governor, by James J. Pleasants, Esquire, Secretary of State, which was read, and is as follows, to wit:

EXECUTIVE DEPARTMENT,

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


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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 further 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; especially 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 and 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 in remain on deposit in the Bank, as a fund for redeeming the Treasury Notes that should be there presented; and with the understanding that Bank would received 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 necessa-

B


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ry 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 consideration 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 the 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 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 year.

The devising of a judicious plan for a State-Bank, will no doubt occupy a necessary part of your attention:--  a subject of equal difficulty and importance.  So essential indeed to I consider the plane of the charter of such an institution, that on this mainly will depend the question of its expediency.  His 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 use, 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 lover depreciation, and an increased press- are 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 in-


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stitutions, rather tan 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 polity 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 stockholder.  Her 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 indispensable.  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 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 shows how little is actually known of the true situation of such a concern, to al whom 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.


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

5th.  It was worthy of consideration, whether a restriction of the issue of paper to a proportion, less than thrice of capital would 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 postponed 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 bank that shall furnish the medium of payment.  Another question may al 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 timer 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 reasons 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 it 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 sale.

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 its bills at the time specified in that act, I gave information of the fact to the Solicitor of 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 from 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 mode less liable to disappointment.  It is also worth of notice, that there is no provisions made for de-


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ciding 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 the 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 the 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 views 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 as 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’re the resolutions of the Legislature 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 may 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.


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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 a part 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 hereby the new states were admitted as members of the Union; in lieu of which other interests were conceded by these states, which would other wise have been incident to them as rights of sovereignty; among these is the right of interfering in the disposal of the public land, 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 of 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 of 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 sales, 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 ending for trial.  No disposition of the subject having been made at last session, it remains for your consideration --  whether measures are requisite to be adopted not only in regard to this State interest, but all similar cases happening in the 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 form 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 a-


15

mendment 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 make, 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 complicates 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 requires.  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 Jr. 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 or 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


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harmony and full confidence which shall prevail among us.  There is no cause connected with out 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.

ISRAEL PICKENS.

Ordered, that the said message lie on the table.

On motion of Mr. Murphy, Ordered, that two hundred copies of the Governor’s message be printed for the use of the senate.

On motion the Senate adjourned 'till to-morrow morning 9 o’clock.