Monday, 18th Dec. 1826.

The Senate met pursuant to adjournment.

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

Mr. President - The House of Representatives concur in the amendment made by your honorable body to the bill entitled - " an act to amend an act passed Dec. 20th, 1820, amending an act passed 13th Nov. 1819, incorporating the town of Triana."

Mr. Jackson from the select committee, to whom was referred a communication from Messrs, Way & Gideon, proposing to sell to the Legislature, any number of copies of the "journals of the first American Congress," reported, "That they consider that the journals of that memorable and interesting period in our political history, would form a mos valuable acquisition to our public library." The committee reported joint resolutions, providing for the purchase of three copies of the journals of the first American Congress; which was read and referred to a second reading to-morrow. Mr. Powell presented the account of Rolls Perry against the state; which was referred to the committee on accounts and claims.

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

Mr. President - The House of Representatives have read three times and passed bills which originated in the Senate, entitled - an act to divorce John Diamond from Lizzy Diamond; and an act to amend the laws now in force for the punishment of malicious mischief. They have also read three times and passed bills which originated in their house, entitled - an act for the relief of James Hall; an act to emancipate certain slaves therein mentioned; an act giving further time to persons holding claims against their respective counties to file the same; and an act to incorporate the Tuscaloosa library company-in all of which they desire your concurrence.

The bills mentioned in the foregoing message, which originated in the House of Representatives were severally read the first time in the senate, and ordered to a second reading to-morrow.

Mr. Barton presented the account of John Randal against the state; which was referred to the committee on accounts and claims.

Mr. Casey introduced a bill to be entitled, an act to repeal in part, an act passed at St. Stephens, 10th Feb. 1818, incorporating the St. Stephens steam boat company; which was read and ordered to be a second reading to-morrow.

Mr. Vanhoose introduced a bill to be entitled an act relative to certain officers in Fayette county, which was read, and ordered to a second reading to-morrow. Mr. Skinner presented the account of Peter Martin against the state, which was referred to the committee on accounts and claims.

Mr. Barton introduced a bill to be entitled, an act more effectually to provide for the execution of certain laws, which was read and ordered to a second reading to-morrow.


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A message was received from the Governor, by Mr. Thornton, informing the senate, that Mr. James Taggert, recently elected Judge of the county court of Washington county, refuses to serve in that office; which was ordered to lie on the table.

Mr. Bagby introduced joint resolutions for ascertaining the sense of the good people of this sate in relation to the permanent seat of their state government; which were read, and ordered to a second reading to morrow.

Mr. Shackleford offered the following resolution: Resolved, That it is expedient to locate the State University at the present session of the general assembley, and that the committee on schools and colleges, and school and college lands be directed to report a bill for that purpose. Ordered, that the resolution lie on the table.

Mr. Sullivan offered the following resolution: Resolved, That the committee be appointed on the part of the senate to act with such committee as may be appointed on the part of the house of Representatives to examine the treasury notes taken in by the state treasurer remaining the treasury, with instructions after examining the same, to destroy the amount taken in, in the presence of said committee; and the sum so destroyed to report to each branch of the general assembly, which was adopted: Whereupon a committee was appointed on the part of the senate, to consist of Messrs. Sullivan, Shackleford and Powell. Ordered, That the Secretary acquaint the House therewith.

Mr. Miller introduced a bill to be entitled, an act to repeal an act, passed Dec. 24th, 1824, to allow persons compensation for slaves executed in pursuance of law; which was read and ordered to a second reading to-morrow.

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, was taken up.

The question was then put on the adoption of the amendment offered by Mr. Jackson to the bill, which is as follows: "Provided nothing herein contained will authorize the payment of money to any person other than those who were appointed by authority of law, nor for any services except those performed in conjunction with the commissioners appointed by the state of Georgia," and determined in the negative- Yeas 9- Nays 11.

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

Mr. President Ashe Clay Merriwether Vanhoose- 9
Abercrombie Bagby Jackson Miller  

Those who voted in the negative are

Mr. Barton Casey Crabb Irwin Powell Skinner
Brown Gaines Jones Shackleford Sullivan- 11

So the amendment was rejected. Mr. Bagby then moved to reconsider the voted of the Senate, on ordering the bill to a third reading, which was carried. Ordered, That it be referred to a special committee: Whereupon, Messrs. Crabb, Jackson and Sullivan were appointed. Ordered, That the bill to be entitled, an act to incorporate the Cahawba river navigation company lie on the table till to-morrow.

An engrossed bill to be entitled, an act explanatory of an act to provide for the election of a justice of the peace and constable, passed Dec. 31, 1822, was read the third time and passed.

Ordered, That the title of the bill be as aforesaid; and that it be reported to the House of Representatives for concurrence. And then the Senate adjourned till 3 o'clock this evening.

3 o'clock P. M. The Senate met.

A bill to be entitled an act for the distribution of the public arms among the different volunteer corps in this state; an act prescribing the mode of


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probating the will of Francis Jones, deceased; an act authorizing titles to the kinds and town lots given to the state by the citizens of Tuscaloosa, to be made to the Governor for the use and benefit of the state; and, an act for the relief of C. B Rountree, were severally read the second time, and ordered to be engrossed for a third reading to-morrow.

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; an act directing in what manner and in what courts suits may be brought against the state of Alabama; a joint resolution of the Senate and House of Representatives of the state of Alabama, disapproving certain resolutions of the legislatures of the state 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; and, an at prescribing the punishment of slaves and free persons of color for the commission of he crime of manslaughter on other slaves or free persons of color, were severally read the third time and passed. Ordered, That they be returned to the House of Representatives.

A bill to be entitled an act to alter the mode of appointing assessors and tax collectors, and for other purposes, was read the third time, and on the question, shall the bill pass? it was determined in the affirmative - yeas 12, nays 9.

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

Mr. Abercrombie Barton Clay Jones Sullivan- 12
Ashe Brown Crabb Shackleford  
Bagby Casey Irwin    

Those who voted in the negative are

mr. President Jackson Merriwether Powell Vanhoose- 9
Gaines   McCamy Miller Skinner

So the bill was passed. Ordered, that it be returned to the House of Represntatives.

A bill to entitled an act to authorize the state of Alabama to make peremotory challenges in certain cases, was read the third time, and on the question, shall the bill pass? it was determined in the negative.

a message from the House of Representatives by Mr. Vandyke -

Mr. President - The House of Representatives have adopted the following resolution, in which they desire your concurrence: Resolved, that the Senate be informed that this House will, with their concurrence, proceed to elect a judge of the county court for the county of Washington, this evening, at the hour of 4 o'clock, and that the east end of the Hall be assigned for their reception.

Mr. Jackson moved to amend the resolution by striking out "four," and inserting "seven," so as to proceed to the election at 7 o'clock; which was carried. The resolution as amended was then agreed to. Ordered, that the secretary inform the House of Representatives thereof.

Bills to be entitled an act to repeal in part and amend an act entitled an act for the relief of the inhabitants of the first township, range sever, east of the basis meridian of Huntsville, approved Jan. 9th, 1826; an act to authorize the judge of the county court and commissioners of roads and revenue of Shelby county to levy an extra tax for the purpose of building a court house and jail in said county; an act to divide the 36th regiment of Alabama militia; an act to divorce Kelly Stegall from Nancy Stegall; an act to authorize Ebenezer Byrum to sell a certain tract of land on the terms and conditions therein mentioned; an act to authorize the trustees of certain sixteenth sections in Jackson county to lease them for any umber of years not exceeding


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twenty; an act to amend an act entitled an act to incorporate the town of Florence, in the state of Alabama; and, an act to allow Wm Whorton to erect a mill on Wills creek in St. Clair county, were severally read the second time, and ordered to a third reading on to-morrow.

A bill to be entitled an act authorizing the citizens of Sommerville to elect a constable, was read the second time, and ordered to lie on the table.

A bill to be entitled an act to divorce Morgan Buck from Lavinia Buck, was read the second time, and referred to the committee on divorce and alimony.

A message was received from the House of Representatives by Mr. Vandyke, informing the Senate that they concurring the amendment made by the Senate to the resolution to go into the election of a judge of the county court of Washington county.

Mr. Sullivan called up the bill to be entitled an act for the relief of Mary Latham. Ordered, that the bill be read the third time to-morrow. And then the Senate adjourned till 7 o'clock this evening

Seven o'clock. The Senate met.

Ordered, That Mr. Shackleford be added to the committee on schools and colleges, and school and college lands; also to the military committee; also to the committee on the judiciary.

Mr. Barton introduced a joint resolution authorizing the Governor to procure certain books for the use of he state; which was read, and ordered to a second reading to-morrow.

A message was received from the House of Representatives by Mr. Tunstall their clerk, inviting the Senate to assembly in the Representative Hall, for the purpose of electing a Judge of the county Court of Washington county. Whereupon the members of the Senate proceeded to the Hall of the House of Representatives, and after having taken their seats, Mr. President announced the object of their meeting; when the two Houses proceeded to elect a Judge of the County Court of Washington county, in the place of James Taggart, who refuses to serve. John H. Fitts alone being in nomination- For Mr. Fitts 62 votes. Those who voted for Mr. Fitts are

Mr. President, Ashe, Bagby, Barton, Brown, Clay, Crabb, Gaines, Jackson, Irwin, Jones, Merriwether, Miller, Powell, Skinner, Sullivan, Vanhoose. (Reps.) Mr. Speaker, Acklen, Bridges, Bailey, Brown, Broadnax, Bell, Bradford, Barclay, Crenshaw, Craig, Coe, Coopwood, Coleman, Davis of Fr. Davis of Ja. Dale, Dennis, Dupuy, Duvose, Duke, Ellis, Edwards, Harris, Jones, Lawler, McClung, Montgomery, Moore of Jack. McVay of Laud, McVay of Law. Martin, Massey, Perkins, Pickens, Parham, Perry, Roberts, Smith of Hen. Smith of La. Sims, Terry, Weissenger, Walthall, Whitfield- 62.

John H. Fitts having received all the votes present, was declared by Mr. Speaker to be duly elected judge of the county court of Washington county. The election being completed, the Senate withdrew, returned to their own chamber, and Mr. President resumed the chair: when, on motion, the Senate adj. till to-morrow morning at 10 o'clock.