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Tuesday, December 19, 1826.

The Senate met pursuant to adjournment.

Mr. Bagby, from the judiciary committee, to which was referred a bill to be entitled an act concerning wills, guardians, administrators, &c. reported, that it is inexpedient to pass the bill; which was concurred in.

Mr. Bagby, from the same committee, to which was referred the joint resolutions proposing certain amendments, to the constitution of the United States, reported the same as inexpedient, and that they ought not to pass; which was concurred in.

Mr. Bagby, from the same committee, to which was referred the memorial of Edward Kennedy, praying some alterations in the present county court system, so as to diminish the labor of the judges, asked to be discharged from the further consideration thereof; which was agreed to.

Mr. Bagby, from the same committee, to which was referred a bill to be entitled an act the more effectually to prevent breaches of the peace, reported the same without amendment. Ordered, that the bill be engrossed and made the order of the day for a third reading to-morrow.

Mr. Bagby from the same committee, to which was referred a bill to be entitled an act for the relief of the legal representatives of Daniel Duval, reported the same as amended; which was concurred in.

Ordered, that the bill be engrossed for a third reading to-morrow.

Mr. Bagby offered the following resolutions:

Resolved, That the committee on the State Bank be instructed to inquire into the propriety of passing a law imposing a tax on the stock owned by individuals in the Branch Bank of the United States recently established in the city of Mobile.

Resolved, That the committee be further instructed to inquire into the expediency of passing a law authorizing the Banks of the State of Alabama an Tombeckbe to refuse to pay specie for their notes when runs are made on them by other institutions for speculative purposes.

Resolved, further, that the committee on the State Bank be instructed to inquire into the propriety of authorizing the receipt of 8 per cent on all loans to be made by the State and Tombeckbe Banks, after the first day of January next; which were adopted.

Mr. Bagby also offered the following resolution:

Resolved, That the military committee be instructed to inquire into the prosperity of purchasing two four pounders for the use of Capt. C. O. Foster's company of artillery, belonging to- regiment of Alabama militia, with leave to report by bill or otherwise; which was adopted.

Mr. Barton presented the petition of Silas Dinsmore, jun. agent and attorney of the corporation styled the St. Stephens Steam Boat Company, proposing certain alterations and amendments of their charter of incorporation; which was read, and referred to a special committee. Whereupon Messrs. Barton, Jackson and Gaines were appointed the committee.


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Mr. Abercrombie, from the committee on county boundaries, to which was referred the petition of sundry inhabitants of Shelby county, praying that a part of the same may be added to Jefferson county, reported, that it is inexpedient to grant the prayer of the petitioners, inasmuch as it should reduce the county of Shelby below its constitutional limits; which was concurred in.

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

Mr. President- the House of Representatives concur in the amendments made by your honorable body to the resolution appointing a committee 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. They also concur in the amendment made by your honorable body to the bill entitled an act to divide the 42d regiment of the militia of this state. They disagree to the amendment made by your honorable body to the bill entitled an act supplementary to the several acts heretofore passed in relation to the county court for the county of Mobile, and for other purposes.

On motion, Ordered, that the Senate recede from their amendments to the above named bill, and that the House be informed thereof.

An engrossed bill to be entitled an act for the relief of C. B. Rountree, 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. President, Abercrombie, Bagby, Barton, Brown, Casey, Clay, Gaines, Jackson, McCamy, Powell and Skinner.

Those who voted in the negative are, Messrs, Ashe, Crabb, Irwin, Jones, Merriwether, Miller, Shackleford, Sullivan and Vanhoose.

So the bill was passed. Ordered, that the title be as aforesaid, and that the bill be reported to the House of Reps. for concurrence.

Engrossed bills to be entitled an act prescribing the mode of probating the will of Francis Jones, deceased; and, 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 the state, were severally read the third time and passed. Ordered, that the titles of the bills be acts, &c. as aforesaid, and that they be reported to the House of Representatives for concurrence.

The Senate resumed the consideration of the joint resolutions appointing commissioners to report on the claims of the first purchasers of lots in Cahawba in 1819, to the next General Assembly, and for other purposes. Ordered, that the resolution, together with the documents relating thereto, be referred to the committee on the judiciary to consider and report thereon.

Mr. Crabb moved to reconsider the voted of the Senate on ordering to a third reading to-day the bill entitled an act to provide for the distribution of the public arms among the different volunteer corps in this state; which was carries. The bill was then referred to a select committee, consisting of Messrs. Crabb, Irwin and Vanhoose, to consider and report thereon.

A bill to be entitled an act relative to certain offices in Fayette


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county, was read the second time, and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled an act to repeal in part an act passed at St. Stephens, 10th February, 1818, incorporating the St. Stephens Steam Boat Company, was ordered to lie on the table.

Joint resolutions for ascertaining the sense of the good people of this state in relation to the permanent seat of their government, were read the second time. Ordered, that they be referred to a select committee: whereupon Messrs. Bagby, Jackson and Gaines were appointed the committee.

Mr. Crabb, from the select committee to which was referred the bill to be entitled an act to provide for the distribution of the public arms among the different volunteer corps in this state, reported the same as amended; which was concurred in. The bill was then read the third time and passed. 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 divorce Kelly Stegall from Nancy Stegall, was read the third time and passed by a constitutional majority. Ordered, that it be returned to the House of Representatives.

A bill to be entitled an act to more effectually to provide for the due execution of certain laws, was read the second time, and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled an act to repeal an act passed Dec. 24, 1824, to allow person compensation for slaves executed in pursuance of law, was read a second time. The question was put, shall the bill be engrossed for a third reading to-morrow? and lost.

A joint resolution providing for the purchase of three copies of the Journals of the First American Congress, was read the second time, and referred to a select committee, to consist of Messrs. Barton, Jackson and Casey.

A joint resolution authorizing the Governor to procure certain books for the use of the state, was read the second time, and ordered to lie on the table.

Bills to be entitled an act for the relief of Mary Latham; an act to amend an act, entitled an act to incorporate the town of Florence in the state of Alabama; an act to divide the 86th regiment of the Alabama militia; 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 Jan. 9, 1826; and, an act to authorize the judge of the county court and commissioners of road and revenue of Shelby county to levy an extra tax for the purpose of building a jail in said county, were severally read the third time and passed. Ordered, that the bill be returned to the House of Representatives.

A bill to be entitled an act to authorize Ebenezer Byram to sell a certain tract of land on the terms and conditions therein mentioned, was read the third time and rejected.

A bill to be entitled an act to authorize the trustees of certain 16th


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sections in Jackson county to lease them for any number of years not exceeding twenty, was referred to a special committee, consisting of Messrs. McCamy, Shackleford and Powell, to consider and report thereon.

A bill to be entitled an act to emancipate certain slaves therein mentioned, was read the second time, and ordered to lie on the table.

A bill to be entitled an act to authorize William Whorton to erect a mill on Wills creek in St. Clair county, was read the third time, amended, and passed- Yeas 17, nays 3.

The yeas and nays being desired, those who voted in the affirmative are, Mr. President, Abercrombie, Ashe, Barton, Brown, Casey, Crabb, Gaines, Irwin, Jones, McCamy, Merriwether, Miller, Shackleford, Skinner, Sullivan and Vanhoose.

Those who voted in the negative are, Messrs, Clay, Jackson and Powell.

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

A bill to be entitled an act for the relief of James Hall, was read the second time, and referred to the committee on propositions and grievances to consider and report thereon.

A bill to be entitled an act giving further time to persons holding claims against their counties respectively to file the same, was read the second time, and ordered to a third reading to-morrow.

A bill to be entitled a act to incorporate the Tuscaloosa library company, was read the second time, and referred to a special committee, consisting of Messrs. Powell, Barton and Brown, to consider and report thereon.

Mr. Vanhoose called up the bill to be entitled an act to establish the permanent seat of justice in Walker county. Ordered, that it be referred to a special committee, consisting of Messrs, Vanhoose, Crabb and Powell, to consider and report thereon.

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