Saturday, December 2, 1826

The Senate met pursuant to adjournment.

Mr. Miller presented the petition of sundry inhabitants of Madison county, praying the establishment of a loan office in the northern part of this state; which was read, and referred to the committee on the State Bank.

Mr. Bagby from the committee on the judiciary, to whom was referred the bill to be entitled an act to change the mode of paying jurors in the counties of Conecuh and Butler, reported the same as amended; which was concurred in. Ordered, that the bill be engrossed, and made the order of the day for a third reading on Monday next.

Mr. Bagby from the same committee, to whom was referred a resolution instructing the judiciary committee to inquire into the propriety of amending and making more plain the administration laws of this state, asked to be discharged from the further consideration of the subject; which was granted.

Mr. Abercrombie from the special committee to whom was referred a resolution instructing them to inquire into the expediency of preventing the Creek Indians from hunting on lands within the settled limits of this state, reported a bill to be entitle an act to prevent the Creek Indians from hunting on lands within the settled limits of this state; which was read, and ordered to a second reading on Monday next.

A message from the House of Representatives by Mr. Vandyke:

Mr. President: The House of Representatives have read three times and passed, bills which originated in their House entitled an act to alter the state road from Selma to Cahawba, by way of the new bridge on Valley creek; and an act to emancipate certain persons therein named. In which they desire your concurrence.

The bills mentioned in the above message were severally read the first time, and ordered to a second reading on Monday next.

An engrossed bill to be entitled an act to secure to the counties of Conecuh and Butler the right of electing assessors and tax collectors by the suffrage of the legal electors of said counties, was read the third time.

Ordered, that the bill lie on the table.

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

EXECUTIVE DEPARTMENT, Nov. 29th, 1826.

The Hon. the President and members of the Senate:

Gentlemen- I have the honor to lay before you communications from Colonel Bradford of Madison county, and from the officers of the Tuscumbia Hickory Volunteers, applying for a number of stand of the public arms. Similar applications, in a less formal manner, have been received by the Executive from various other quarters. The General Assembly will justly appreciate the motives


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of public spirit and patriotism which would induce individuals to assume great private responsibility for the public benefit. The humidity and perhaps othercircumstances, incident to our climate, render it very difficult to keep the arms in the arsenal in a perfect state of preservation. I beg leave to suggest that the public arms might be placed in the hands of the militia officers, under suitable provisions for their return and safe keeping; and thus contribute to the discipline and contingent defence of the state. It is believed that regulations in this respect, sufficiently safe and convenient, may be devised. The complete equipment of such volunteer corps as our present means may permit, will serve as a pattern and incentive to other militia companies, until they also can receive similar attention.

I beg leave also to lay before you a communication from Mr. Rembrandt Peale, of the city of New York offering to the State of Alabama a copy of a Portrait of General Washington, taken by himself from the life.

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

(Signed)        JOHN MURPHY

Ordered, That so much of the communication as relates to the distribution of the public arms, be referred to the military committee.

Ordered, that so much of the communication as relates to the letter from Rembrandt Peale, offering to the state a copy of a portrait of Gen. Washington, taken by himself from the life, be referred to the special committee appointed on so much of the Governor's annual communication as relates to the death of the Ex Presidents of the United States.

A bill to be entitled an act to repeal an act therein named, and for other purposes, was read the second time. Ordered, that the bill be engrossed for a third reading on Monday next.

A bill to be entitled an act to repeal in part an act entitled an act authorizing William Blake to emancipate a negro man slaves named Jacob, passed Dec. 31st, 1823, was read the second time. Ordered, that the bill lie on the table.

A bill to be entitled an act to change the names and render legitimate certain persons therein named; and, an act to provide for taking the census of this state, were severally read the second time, and ordered to a third reading on Monday next.

A bill to be entitled an act to amend an act, entitled an act to amend an act, entitled an act concerning wills and testaments, the settlement of intestate estates, and the duties of executors, administrators and guardians, was read a second time, and referred to the committee on the judiciary.

A bill to be entitled an act to repeal in part an act to establish the town of Carthage, in Tuscaloosa county, was read the second time -

Ordered, that the bill be engrossed for a third reading on Monday next.

Bills from the House of Representatives entitled an act to declare certain parts of the Choctawhatchee and Pea rivers public highways; and, an act for the relief of Zephaniah Hicks, were severally read the third time and passed. Ordered, that the bills be returned to the House of Representatives.

On motion of Mr. Jackson, Ordered that the statement of Mr. Terry a member of the House of Representatives, relating to the subject matter of the bill for the relief of Zephaniah Hicks, be entered upon the Journal of the Senate. The statement is as follows:

"Memorandum of the circumstances on which the bill for the relief of Zephaniah Hicks in predicated. The land is of that class on which only


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one payment has been made, and the eight years indulgence has been taken. Mr. Hicks gave his notes for the price, and Mr. Averett was to transfer the certificates as soon as he could go to the magistrate. Mr. Averett was taken sick on the evening of the day of sale, and died in the course of three or four days. No bond was given for transfer.- Mrs. Averett is aged and infirm, has been confined by disease two or three months, has settled all the business of the estate except that mentioned in the bill. The heirs are all desirous for the passage of the law. A court of chancery could not give relief in time for Mr. Hicks to avail himself of the benefit of the act of Congress for the relief of purchasers of public lands. No payments have ever been made on the land except the first.

(Signed)             ELI TERRY."

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