Tuesday, December 12, 1826.

The Senate met pursuant to adjournment.

Mr. McCamy called up the bill to be entitled an act to compensate the commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this state and Georgia. Mr. Jackson offered an amendment to the bill by way of rider. Mr. Barton moved that the bill, together with the amendment, lie on the table, which was carried- yeas 17, nays 3.

The yeas and nays being desired, on the motion to lay the bill and amendment on the table, those who voted in the affirmative are, Mr. President, Abercrombie, Ashe, Bagby, Barton, Brown, Casey, Clay, Gaines, Jackson, Irwin, Jones, Merriwether, Miller, Skinner, Sullivan and Vanhoose.

Those who voted in the negative are, Messrs. crabb, McCamy and Powell.

So the bill and amendment were laid on the table.

Mr. Bagby, from the judiciary committee, to which was referred a bill to be entitled an act supplementary to the several acts heretofore passed in relation to the county courts of the county of Mobile, reported the same with sundry amendments; all of which were concurred in. Ordered, that the bill as amended be made the order of the day for a third reading to-morrow.

Mr. Bagby, from the same committee, to which was referred a resolution of the Senate, instructing them to inquire into the expediency of authorizing the judges of the circuit courts to empannel grand juries on the first day of the term in cases of failure in the original pannel, reported, that it is inexpedient to pass such a law; which was concurred in.

Mr. Bagby, from the same committee, to which was referred a bill to be entitled an act to repeal in part an act entitled an act concerning jurors, and for other purposes, passed 20th Dec. 1815, reported, that it is inexpedient to pass the bill. Ordered, that the report, together with the bill, lie on the table.

Mr. Powell, from the joint committee on enrolled bills, reported as correctly enrolled, an act to authorize the judges on the county courts and commissioners of roads and revenue of Perry, franklin, Jefferson and Blount counties to appoint some suitable person to transcribe certain parts of the records of the county courts aforesaid; an act authorizing Sarah Bowie, administratrix of John Bowie, deceased, to sell and transfer certain real estate; and, an act to incorporate a body of free-masons at Claiborne, in Monroe county. All of which were accordingly signed by Mr. President.

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

Mr. President- The House of Representatives concur in the amendment made by your hon. body to the bill entitled an act to incorporate the Moulton troop of cavalry in Lawrence county. They have


60

read three times and passed, a bill which originated in the Senate, entitled an act compelling clerks and sheriffs in several counties in this state to keep their offices at their several court houses. They have also read three times and passed, bills which originated in this House, entitled an act concerning appeals from the county to the circuit courts, and for other purposes; an act directing in what manner and in what courts suits may be brought against the state of Alabama; an act regulating appeals from justices of the peace; an act to amend an act., passed Dec. 20, 1820, amending an act passed 13th Nov. 1819, incorporating the town of Triana; a joint resolution of the Senate and House of Representatives of the state of Alabama, disapproving certain resolutions of the legislatures of the states of Delaware, Connecticut, Illinois, and Indiana, concurring with a resolution of the state of Ohio, proposing the emancipation of slaves, and a resolution of the legislature of New-Jersey recommending a system of foreign colonization; an act to compel the commissioners of the town of Greenville, in Butler county, to transfer all papers relative to the lots of the said town to the judge of the county court and commissioners of roads and revenue of Butler county; and, an act authorizing the election of certain officers in the town of Greenville, in Butler county. In all of which they desire your concurrence.

A bill from the House of Representatives, entitled an act, regulating appeals from justices of the peace was read the first time.

Mr. Jackson moved, that the bill lie on the table till the first day of June next; which was carried. The remainder of the bills and joint resolution mentioned in the foregoing message, were severally read the first time; and ordered to a second reading to-morrow.

Mr. Crabb from the military committee, to which was referred the communication from his excellency the governor, in relation to the digest of the militia laws of this state as authorize by an act of the last general assembly, reported, "that they find the work well executed, and arranged in a manner calculated to be serviceable to the militia officers of the state. They, therefore, ask to be discharged from the further consideration of the subject;" which was agreed to.

Mr. Sullivan offered the following preamble and resolution:- Whereas, the good people of this state have with unprecedented patience and fortitude borne the heave burthens imposed on them by the public authorities of the state of Alabama, by promptly paying the taxes assessed on them without murmur or censure on the General Assembly. They have done so with an ardent hope and desire and in anticipation that the anticipated period would soon arrive, when the taxes may be reduced so far as would comport with the public interest; it is believed that a felicitous period has now rolled around; and at this time a considerable reduction may be made without compromising the public interest. And whereas, also, the seat of government of the State of Alabama has, under the provisions of the Constitution, been removed to the town of Tuscaloosa, at the last session of the General Assembly, and considerable dissatisfaction prevails among a large and respectable portion of the population of the state of Alabama, on the subject of such removal; and it being further considered by a respectable and large part of the population of this state- although at present in the minority, still it is believed, when the prescribed limits of the state shall be settled, and the Indian titled extinguished in


61

this state, a large majority of the ultimate population would be opposed to the seat of government remaining at Tuscaloosa, that an appropriate to erect a public edifice, comporting with the dignity and respectability of the state, would be an useless expenditure of the public treasure, and whereas, Charles Lewen, of the town of Tuscaloosa, has proposed by his memorial to the General assembly to sell to the state of Alabama two lots, and a large and commodious house thereon, sufficiently spacious and convenient for the temporary accommodation of the general assembly for several yeas, for the sum of $3,500. It is believed that the general assembly, from the present condition of the country, would act in furtherance of the public interest, in accepting and acceding to such proposal, owing to the languid and depressed situation of the agricultural and commercial transactions of the country; and that time should fairly test whether the permanence seat of government should remain at the town of Tuscaloosa.

Therefore, be it Resolved, by the Senate, that the judiciary committee be instructed to inquired into the expediency of accepting of the proposal of Charles Lewen, and providing by law to secure the title to said property as to them may seem expedient.

Mr. Powell moved that the preamble and resolution lie on the table; which was carried- Yeas 11 - Nays 9.

The yeas and nays being desired- those who voted in the affirmative are

Mr. President Clay   Crabb Jackson Merriwether Skinner
Brown Gaines McCamy Powell Vanhoose- 11

Those who voted in the negative are

mr Abercrombie Bagby Casey Jones Sullivan- 9.
Ashe Barton Irwin Miller  

So the preamble and resolution was laid on the table.

An engrossed bill, to be entitled, an act to divorce John Diamond from Lizzy Diamond, was read the third time, and passed by the requisite majority. Ordered, That the title of the bill be as aforesaid, and that it be sent to the House of Representatives for concurrence; a bill to be entitled, an act to repeal an act therein named, was read the third time, and ordered to lie on the table; an engrossed bill, to be entitled, an act to define and fix the compensation of certain public officers therein named, and for other purposes, was read the third time.

Mr. Crabb moved that the bill lie on the table till the first day of June next; which was lost. The question was then put- shall this bill pass?" and determined in the affirmative- Yeas11- Nays 9.

The yeas and nays being desired- those who voted in the affirmative are

Mr. President Bagby Barton Gaines Irwin Sullivan
Abercrombie Casey Jackson   McCamy Vanhoose- 11

Those who voted in the negative are

Mr. Ashe Clay Jones Miller Skinner- 9
Brown Crabb Merriwether Powell  

So the bill was passed- Ordered, That the title be as aforesaid; and that it be sent to the House of Representatives for concurrence; a bill to be entitled, an act for the relief of the legal representatives of Daniel Duval, dec'd, was read the second time, and ordered to lie on the table till to-morrow: a bill to be entitled, an act to provide for the payment of petit jurors in certain counties therein named; an act to amend an act entitled an act concerning roads, highways, bridges and ferries in the county of Mobile: and an act to make an appropriation for digesting and revising the militia and patrol laws of this


62

state, as authorized by the general assembly at their last session, were severally read the third time and passed

Ordered, That the secretary inform the house of Representatives thereof.

The following communication was received from the governor by J. I. Thornton, Secretary of State:

EXECUTIVE DEPARTMENT, Dec. 12, 1826.

The Hon. the President and members of the Senate:

Gentlemen- The communication which I had the honor to lay before you a the commencement of your present session, only presented in general terms the difficulties to which the bank of the State of Alabama might be exposed in consequence of the location of a Branch of the Bank of the United States in our principal commercial city. I now take the liberty, but with great deference, to submit such measures of security as have been suggested by long and most anxious reflection on a subject involving so may important considerations. The State has an opportunity, under the charter of the Mobile Bank, to subscribe $100,000 of the authorized capital, an this amount the Bank is required to reserve for the state for a period of ten years. This subscription, should it be made, will be employed in the usual commercial and transaction business of that institution, and will tend greatly to accumulate at that commanding point, the means necessary to sustain the circulation of the local Banks. The remaining part of the capital with such increase as the present exigency may required, can be employed at the seat of government, and some favorable point in the Valley of the Tennessee. The establishment of an Office of Discount and Deposite in that part of the state, could only increase the means by which any annoyance of a hostile or conflicting institution might be averted, or rendered perfectly harmless. Great opportunity would be then given to deal in exchange or other business paper.

The Bank at the seat of government might transact partly accommodation and partly commercial business. The office in the Tennessee Valley might be conducted on the same principles, and more or less of the one kind or the other business at both places might be done, as the perfect preservation of the good credit of the Bank would seem to direct. We should thus place ourselves in a situation to occupy the whole ground of commercial transaction from which our Bank must derive most of its security, at least during the crisis which may be now approaching and will we shall prosecure our original purpose, which consulted the convenience of the people wherever it could be done without sacrifice of our principal objects. The main care at present ought not to be to realize large profits, but content with such gains as will give as good interest on the public funds, to sustain by accumulated and precautionary munitions, the security of our general operations. It is not deemed necessary to give these views in minute detail. We cannot be endangered by subdivision of our capital when we enlarge the theatre from which we muse derive our defensive resources.

I beg leave also to recommend that a memorial be addressed to the Congress of the United States, that the Secretary of the Treasury should be directed, wherever land is offered for sale in this state, to advise the government of the different kinds of funds which would suit the convenience of the United States, ad which might enable this State to redeem its paper before it would be transmitted from the land offices established among us to the Branch of the Bank of the United States. If the State should be able to redeem, with as little intervention of delay as is usual in the transmission of such funds, it is difficult to conceive that nay objection would be made to the application.

The Bank of the State is founded upon solid capital, entrusted to the man-


63

agement of those who must principally suffer from its misdirection; and inviting the confidence of others by the most express and inviolable pledges of public faith. Under these circumstances, it cannot be doubted that the State has the power, as it is bound in duty, to sustain its operations.

In difficult conjunctures, bold. or at least decisive, measures are usually found to be most conducive to safety. I would also beg leave to suggest, that an increase of the capital of the Bank, to any extent which our means, and due attention to other objects will permit, would afford facilities at the present moment to preserve the interest and credit of the State Bank, and, by necessary connexion of advantage and security, the other monied institutions would be equally benefitted: all which is most respectfully submitted.

I have to honor to be, your ob't serv't.

Ordered, That the above communicative be referred to the committee on the State Bank, to consider and report thereon. And then the Senate adjounrned till to-morrow morning at 10 o'clock.