Saturday, December 16, 1826.

The Senate met pursuant to adjournment.

Mr. Powell, from the joint committee on enrolled bills, reported as correctly enrolled, an act to amend an act entitled an act concerning roads, highways, bridges and ferries in the county of Mobile; which was signed by Mr. President.

Mr. Miller presented the petition of Kelly Stegall, praying the passage of a law divorcing him from his wife Nancy; which was laid on the table.

Mr. Crabb, from the military committee, to which it had been referred, reported a bill to be entitled an act to authorize the field officers of the 46th regiment to form a company of militia in Broxton's settlement, with an amendment, which was concurred in by the Senate, and the bill as amended ordered to a third reading on Monday next.

Mr. Crabb, from the same committee, to which was referred a bill to be entitled an act to divide the 42d regiment of the militia of this state, reported the same with sundry amendments; which were concurred in; and the bill as amended passed the Senate, and was ordered to be reported to the House of Rep. for their concurrence.

Mr. Crabb, from the same committee, to which was referred a bill to be entitled an act to authorize the field officers of Marion county to form a company of militia in Kennedy's settlement, reported the same without amendment; which was ordered to be laid on the table.

On motion of Mr. Crabb, the bill to be entitled an act providing for the erection of a state capitol was taken up. Mr. Bagby moved to lay said bill on the table for the present; which was agreed to.

Mr. Bagby, from the judiciary committee, to which the subject had been referred, made the following report - The judiciary committee, to which was referred a resolution instructing them to inquire what right has vested in the town council of Tuscaloosa under an act of Congress passed May 26th, 1824, granting certain lots in the town of


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Tuscaloosa, known by the name of Market square, Court square, &c. and whether the town council have a right to dispose of the said lots for any other purpose than the one for which they were set apart previous to the sale of lots in said town, by order of the United States, beg leave to report; that they are of opinion that the United States thereby vested an indefeasible title in the town council of Tuscaloosa to said lots, and that said council have no power to dispose of them to the sate; and that any disposition of said lots for any other purpose than that intended by Congress would be a violation of the act of donation, and an infringement of the rights of those who have purchased lots in said town. They therefore beg leave to recommend the adoption of the following resolution:

Resolved, as the opinion of this House, that the town council of Tuscaloosa have no power to sell or otherwise dispose of the grounds reserved to them by an act of Congress of the 26th May, 1824.

On motion to concurring the above report, the question was taken by yeas and nays, and decided in the negative.

Those who voted in the affirmative are, Messrs, Abercrombie, Ashe, Bagby, Barton, Casey, Irwin, Jones, Miller, Shackleford and Sullivan- 10.

Those who voted in the negative are, Mr. President, Brown, Clay, Crabb, Gaines, Jackson, McCamy, Merriwether, Powell, Skinner and Vanhoose- 11.

So the report and resolution were not concurred in by the Senate.

Mr. Bagby then moved to take up the bill to be entitled an act providing for the erection of a state capital. Mr. Jones moved to amend said bill by adding thereto the following: "Provided the capitol of the state of Alabama be located within ten miles of the centre of the charted limits of the state, and Nicholas Davis, President of the Senate, Israel Pickens, and Governor Murphy, are hereby appointed to select the state of the state capitol- provided also the charters limits of the town of Tuscaloosa be extended so as to embrace said public site. A division of the question being called for, and the yeas and nays being requested, the voted was taken on the first proviso in the amendment, which was lost.

Those who voted for its adoption are, Messrs, Abercrombie, Ashe, Irwin and Jones- 4.

Those who voted against it are, Mr. President, Bagby, Barton, Brown, Casey, Clay, Crabb, Gaines, Jackson, McCamy, Merriwether, Miller, Powell, Shackleford, Skinner, Sullivan and Vanhoose-17.

Mr. Jones then moved for leave to withdraw the second part of his amendment, which was granted him; and the second proviso of the said amendment was withdrawn.

The question was then taken, shall this bill pass? and decided in the affirmative - yeas 11, nays 10.

The yeas and nays being requested, 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


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mr. Abercrombie Bagby Casey Jones Shackleford
Ashe Barton Irwon Miller Sullivan- 10.

So the bill passed. Ordered, that the titled be as aforesaid, and that the bill be reported to the House of Representatives for their concurrence.

Mr. Powell obtained leave to introduce a bill to be entitled an act authorizing titles to the lands and town lots given to the state, by the citizens of Tuscaloosa, to be made to the Governor, for the use and benefit of this state; which was read a first time, and ordered to a second reading on Monday.

And then the Senate adj'd till Monday morning at 10 o'clock.