Friday, December 15, 1826.

The Senate met pursuant to adjournment.

Mr. Gaines presented the petition of E. Kennedy, administrator of Wm. Wright, deceased, praying authority to sell and convey a certain tract of land at private sale, the property of said Wright's estate;


66

which was referred to a select committee, to consist of Messrs, Gaines, Casey and Clay.

Mr. Gaines presented the petition of E. Kennedy, judge of the county court of Clarke county, praying sundry alterations in the duties of judges of the county courts; which was referred to the judiciary committee to consider and report thereon.

Mr. Merriwether offered the following resolution, which was adopted: Resolved, that the committee on the state bank be instructed to inquire into the propriety of amending the charter of the Bank of the State of Alabama, so that the banking year shall hereafter commence on the first day of May in each and every year, thereby enabling the citizens of counties which have drawn more than their respective quota, to avail themselves of the proceeds of their crops, as the surplusage so drawn is to be paid into Bank on the first day of the banking year.

Mr. Powell, from the committee on enrolled bills, reported, as correctly enrolled, an act to amend an act, entitled an act to establish a permanent seat of justice in the county of Jackson, and for other purposes; and act to compensate witnesses attending magistrates courts; an act to incorporate the Moulton troop of cavalry of Lawrence county; an act authorizing the administrator of Wm. McAlister, deceased, to transfer a certificate therein named; an act to divorce Olivia A. Taylor from John Taylor; and, an act to divorce William Bryant from Rhodicy Bryant.

Mr. Gaines, from the committee on propositions and grievances, introduced a bill to be entitled an act for the relief of C. B. Roungree; which was read a first time, and ordered to a second reading on to-morrow.

Mr. Bagby, from the judiciary committee, to which was referred a bill to be entitled an act concerning appeals from the county to the circuit courts, reported, that it is inexpedient to pass the same: In which the Senate concurred.

Mr. Bagby, from the same committee, to which was referred a bill to be entitled an act directing in what manner, and in what courts, suits may be brought against the state of Alabama, reported the same with sundry amendments; which were concurred in; and the bill, as amended, ordered to a third reading on to-morrow.

Mr. Bagby, from the same committee, to which was referred joint resolutions proposing alterations in the constitution so as to have biennial instead of annual sessions of the legisture, reported, that the judiciary committee consider it inexpedient to pass the same: to which the Senate disagreed.

The yeas and nays being requested, those who voted for a concurrence are, Messrs. Abercrombie, Bagby, Barton, Brown, Casey, Gaines, Irwin, Merriwether, Powell and Sullivan- 10.

Those who voted against it are, Mr. President, Ashe, Clay, Crabb, Jackson, Jones, McCamy, Miller, Shackleford, Skinner and Vanhoose- 11.

So the Senate disagreed to the report of the committee.


67

The vote was then taken, shall the resolutions pass? and there not being the constitutional majority of two-thirds in favor, they were rejected.

Mr. Bagby, from the same committee, reported a bill to be entitled an act to alter the mode of appointing assessors and tax collectors, and for other purposes, with sundry amendments; which were concurred in; and the bill, as amended, ordered to a third reading on to-morrow.

Mr. Bagby, from the same committee, made the following report:

The judiciary committee, to which was referred that part of the Governor's message which relates to the St. Stephen's Steam Boat Company, beg leave to report, That, the corporation are now exercising powers under an authority supposed by them to be derived from an act of the legislature of their country; and whatever opinion the committee may entertain, as to the validity of the charter, or the extent of the powers granted by it, they are of opinion that these are questions properly cognizable before another department of the government. They therefore ask to be discharged from the further consideration of the subject: which was concurred in by the Senate.

Mr. Jackson obtained leave to submit the report of Nicholas Davis, James Jackson, Clement C. Clay, and Thomas Fearn, commissioners appointed by the legislature of this state, at Cahawba, by an act passed 23d Dec. 1823, entitled "An act to appoint commissioners to improve the navigation of the Tennessee river;" and by an act supplementary thereto, passed on the 24th Dec. 1824 - and also the report of the commissioners on the part of Tennessee and this state, in relation to the muscle shoals in the Tennessee river; which were ordered to be laid upon the table, and that five hundred copies thereof be printed.

On motion of Mr. Sullivan, Resolved, that the assistant secretary act as principal until the health of the principal will enable his to attend to his duties; and that some suitable person be employed by said assistant, to act as assistant, till the principal may be able to attend to the duties of his office.

Mr. Crabb, from the military committee, obtained leave to introduce a bill to be entitled an act to provide for the distribution of the public arms among the different volunteer corps in this state; which was read a first time, and ordered to a second reading on to-morrow.

Mr. Miller obtained leave to introduce a bill to be entitled an act prescribing that mode of probating the will of Francis Jones, deceased; which was read a first time, and ordered to a second reading on to-morrow.

Mr. Clay obtained leave to introduce a bill to be entitled an act for the relief of Andrew O. Horn; which was read a first time, and, on motion of the introducer, the constitutional requisition that bills be read on three several days being dispensed with, it received a second and third reading forthwith and passed. Ordered, that the title be as aforesaid; that the bill be engrossed, and sent to the House of Representatives for their concurrence.


68

Mr. Clay offered the following resolutions, which were received:

Resolutions, protesting against the exercise of implied, constructive and unconstitutional powers on the part of the federal Government, and asserting the rights secured to the States respectively by the Constitution of the United States:

WHEREAS, it is of vital importance to the prosperity and existence of all free governments, that every grant of power should be exercised by the functionary to which it is particularly assigned; and that the limits of all powers should be fully known and established, according to the fundamental laws upon which said governments rest: and whereas, in the practicable operation of the government of the United States, much difference of opinion exists as regards the relative powers of the States and Federal Government; And whereas, the powers claimed by the latter, have increased to an alarming extent, while those of the former have suffered a corresponding diminution: And whereas, the several states, as parties to the compact, which conferred all power on the general government, have the unquestionable right of expressing their decided disapprobation of any measure on the part of the general government which they conceive to be a violation of said compact: And whereas, a frequent recurrence to first principles, is essential to the correct adjustment of all political differences of opinion, and will serve as the surest guide in the exercise of all political power:

Be it therefore Resolved, That, in conjunction with the States of Virginia and South Carolina, as appears by resolutions passed during the last sessions of their respective legislatures, we strongly protest against the exercise by the general government, of implied and constructive powers, as having a tendency to destroy those rights which were reserved by the states respectively, as essential to their sovereignty, and being in their very nature unlimited in extend and uncontrollable in their operation.

Resolved, That we approve of the course pursued by the republican party, during the eventful crisis of ninety-eight and ninety-nine, in opposition to the usurpations of the general government, claimed under the above described powers: that we believe the time has again arrived when it is necessary for the states to assert their constitutional rights, and with becoming firmness to resist the increasing progress of federal power.

Resolved, That the imposition of taxes and duties by the Congress of the United States, for the purpose of protecting and encouraging domestic manufactures, is an unconstitutional exercise of power, and is highly oppressive and partial in its operation.

Resolved, That the Congress has not the right, under the constitution, to adopt a general system of internal improvement in the states, as a national measure: and that it has not the right to tax the citizens of one state to carry on internal improvement in another.

Resolved, That the President of the United States has not the constitutional power to originate any foreign mission, or to appoint any foreign minister on such newly originated mission, but by and with the advice and consent of the Senate of the United States.

Resolved, That the abrogation of the treaty of Indian Springs concluded in February, 1825, by the U. States commissioners and the Creek nation, without the consent of the governments of Georgia and Alabama, parties in interest, was a high-handed exercise of federal power, and an infringements of the sovereign rights of said states.

Ordered, That the foregoing preamble and resolutions lie upon the


69

table, and that two hundred copies thereof be printed for the use of the Senate.

Received, the following message from the House of Representatives by Mr. McClellan. Mr. President - The House of Representatives have adopted the following joint resolution, in which they ask the concurrence of your honorable body: Resolved, with the concurrence of the Senate, that a committee be appointed on the part of the House, consisting of five members, to act with such committee as may be appointed on the part of the Senate, to examine and select two or more of the most eligible sites for a State House within the corporate limits of the town of Tuscaloosa; and report such sites by some description by which they may be known or designated; also to inquire into and report where any lot or lots of land, which may have been donated within said town of the state, or for its use, on which to erect public buildings, or to be appropriated to defray the expenses of erecting public buildings, may lie, their size, &c.; also to inquire into and ascertain where one hundred acres of land lies which has been donated for public purposes as aforesaid, and report its metes and bounds and quality; with power to call on such persons, and for such papers, charts, &c. as may be necessary to furnish them with information to make such report as is contemplated in this resolution. They have appointed on their part a committee, consisting of Messrs. Moore of Jack. Terry, Johnson, Coleman and Weissenger the House of Representatives concur in the amendment made by your hon. body to the bill entitled an act to provide for the payment of petit jurors in certain counties therein named. They have also read three times and passed, bills which originated in their House, of the following titles, to wit: an act to amend an act, entitled an act to incorporate the town of Florence, in the state of Alabama; an act to authorize Ebenezer Byram to sell a certain tract of land on the terms and conditions therein mentioned; an act to allow Wm. Whorton to erect a mill on Wills creek, in St. Clair county; and, an act to authorize the trustees of certain sixteenth sections in Jackson county to lease them for any number of years not exceeding twenty: in which they also ask the concurrence of your hon. body.

Mr. Jackson moved to amend th resolution in the above message by adding to the end thereof the following: "and also to procure a plan or plans for said public buildings, and report the same to both houses of this General Assembly; which was adopted. The resolution was then concurred in as amended, and Messrs. Jackson, Brown, Merriwehter, Bagby and Powell appointed the committee on the part of the Senate.

The bills mentioned in the above message from the House of Representatives were severally read a first time, and ordered to a second reading on to-morrow.

The following message from the H. of Rep. by Mr. McClellan was received: Mr. President- The House of Representatives have read three several times and passed, bills which was originated in their House of the following titles, to wit: an act to divorce Morgan Buck from


70

Lavinia Buck; and act to divorce Kelly Stegall from Nancy Stegall; an act to divide the 36th regiment of Alabama militia; an act to authorize the judge of the county court and commissioners of revenue and roads of Shelby county to levy an extra tax for the purpose of building a jail in and for said county; an act to authorize the citizens of Sommerville to elect a constable; an act to repeal in part and amend an act, entitled an act for the relief of the inhabitants of the first township, range seven, east of the basis meridian of Huntsville, approved January 9th, 1816; In all of which hey ask the concurrence of your honorable body.

All the bills in the forgoing message were severally read a first time, and ordered to a second reading on to-morrow.

Bills to be entitled an act to alter the times of holding the courts in the fifth judicial circuit, and for other purposes; and, an act to repeal in part and amend an act entitled an act concerning wills, and the duty of executors, administrators and guardians, first passed March 12, 1803, were read a second time, and referred to the judiciary committee to consider and report thereon.

A bill to be entitled 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 road and revenue of said county, was read a third time and passed. Ordered, that the House of Representatives be informed thereof.

Mr. Jackson moved to reconsider the voted ordering to a third reading 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 salves, and resolutions of the legislature of New-Jersey recommending a system of foreign colonization; which was agreed to.

Mr. Bagby then moved to amend the preamble to said resolution by striking out the words "disrespectful and unwarrantable," and inserting in lieu thereof the words "impolitic and incompatible with the rights and interest of the slave holding states; " which was adopted, and the bill ordered to a third reading to-morrow.

A bill to be entitled an act explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31st, 1823, was read a second time, and ordered to be engrossed for a third reading on to-morrow.

A bill to be entitled an act more effectually to prevent breaches of the peace, was read a second time, amended on motion of Mr. McCamy, and referred as amended to the judiciary committee to consider and report thereon.

A bill to be entitled an act to authorize the state of Alabama to make peremptory challenges in certain cases, was read a second time, and ordered to a third reading on to-morrow.

A bill to be entitled an act authorizing the election of certain officers in the town of Greenville, in Butler county, was read a third time


71

and passed. Ordered, that the House of Representatives be informed thereof.

A bill to be entitled an act to incorporate the town of Russelville, in the state of Alabama, was read a second time, and, and motion of Mr. Crabb, referred to a select committee, to consist of Messrs. Crabb, Skinner and Vanhoose.

A bill to be entitled an act prescribing the punishment of slaves and free persons of color for the commission of the crime of manslaughter on other slaves or free persons of color, was read a second time, amended on motion of Mr. Bagby, and ordered to a third reading on to-morrow.

The following message from the Governor was received by James I. Thornton, Esq.

EXECUTIVE DEPARTMENT, Dec. 14, 1826.

The Hon. the President and members of the Senate:

Gentlemen- I have the honor to transmit you the report of the Commissioners appointed on the part of this State, agreeably to your resolution of the last session to adjust with the state of Mississippi the accounts remaining unsettled between the two states.

I have the honor to be, most respectfully, your ob't serv't,

(Signed)              JOHN MURPHY.

Ordered, that the foregoing message, together with the accompanying documents, be referred to the select committee raised on tat part of his Excellency's annual message in relation to the unsettled accounts between this state and Mississippi.

Joint resolution proposing certain amendments to the constitution of the United States, was ordered to be referred to the judiciary committee to consider and report thereon.

Mr. Barton, from the joint committee of the two houses to whom was referred to joint resolutions for paying the last tribute of respect to the memories of John Adams and Thomas Jefferson, asked leave to report, That they have appointed the Hon. Arthur P. Bagby to pronounce a eulogy on the lives and characters of the illustrious deceased; and the Rev. Robert M. Cunningham to address a prayer to the throne of grace adapted to the solemn occasion, at the Methodist Church in the town of Tuscaloosa, at 12 o'clock M. on Wednesday the 27th instant, pursuant to the 4th resolution; and that the order of procession adopted by the committee in pursuance of the first resolution, will be published in the Alabama Sentinel for the information of all who may be disposed to unite with the public authorities in this interesting solemnity; which was concurred in by the Senate.

Mr. Miller called up the bill to be entitled an act amend an act passed Dec. 20th, 1820, amending an act passed 13th Nov. 1819, incorporating the town of Triana; which was read a third time, amended on Mr. Powell's motion, and then passed. Ordered, that the bill as amended be reported to the House of Representatives for their concurrence.

On motion of Mr. Barton, the bill to be entitled an act for the relief of the legal representatives of Daniel Duval, was taken up. Mr.


72

Gaines moved to strike out all the bill save the caption, and substitute in lieu thereof an amendment which he offered; which was agreed to, and, on motion of Mr. Jackson, the bill and amendment were referred to the judiciary committee to consider and report thereon.

Mr. President laid before the Senate the following communication:

EXECUTIVE DEPARTMENT, Dec. 14, 1826.

The Hon. Nicholas Davis, President of the Senate:

SIR- I have the honor to request you to lay before the House in which you preside, the memorial of Seth Hunt, (which I have just received,) together with a letter received by this department from Mr. Hunt.

I am, most respectfully, your obedient serv't,

JOHN MURPHY.

Ordered, that the above communication and the accompanying documents be referred to the select committee on that portion of the Governor's annual message relative to the public salt works in this state.

On motion of Mr. Bagby, the resolutions in relation to purchasers of lots in the town of Cahawba, were ordered to be taken up.

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