Wednesday, December 20, 1826.

The Senate met pursuance to adjournment.

Mr. Merriwether presented the petition and account of Pleasant Wright, jailor of Greene county; which was referred to the commitee on accounts and claims.

Mr. Powell, from the joint committee on enrolled bills, reported as correctlly enrolled, an act to repeal in part an act, entitled an act to establish the town of Carthage in Tuscaloosa county; an act compelling clerks and sheriffs in certain counties in this state to keep their offices at their several court houses; an act to divorce John Diamond from Lizzy Diamond; and, an act to change the time of holding the county courts in Jefferson and Madison counties: all of which were accordingly signed by Mr. President.

Mr. Jackson, from the select committee to which was referred so much of the Governor's message as relates to the salt springs, together with other documents relating to the subject, reported a bill to be entitled an act authorizing an extension of the lease taken by Seth


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Hunt of the salt springs in Clark and Monroe counties; which was read, and ordered to a second reading to morrow.

Mr. Jones offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into the propriety of passing a law to prohibit sheriffs of this state from making up juries of talesmen so long as any of the original pannel are present, and preventing judges from dismissing jurors from service otherwise than by shewing a reasonable excuse why they should be dismissed, on oath; which was adopted.

Mr. Gaines, from the committee on propositions and grievances, to which was referred the petition of James W. Armstrong, reported a bill to be entitled an act for the relief of James W. Armstrong; which was read, and ordered to a second reading to-morrow.

Mr. Powell introduced a bill to be entitled an act providing a fund for the payment of petit jurors; which was read, and ordered to a second reading to-morrow.

Mr. Gaines, from the special committee to which was referred the petition of E. Kennedy, reported a bill to be entitled an act to authorize E. Kennedy, administrator of Wm. Wright, deceased, to sell real estate; which was read, and ordered to a second reading to-morrow.

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

Mr. President, the House of Representatives concur in the amendment made by the Senate to the bill entitled an act to authorize the field officers of the 46th Regiment to form a company of militia in Broxton's settlement; they also concurring the amendment made by the Senate to the bills, entitled an act prescribing the punishment of slaves and free persons of color, for the commission of the crime of manslaughter on other salves or free persons of color; and an act directing in what manner, and in what courts, suits may be brought against the State of Alabama; they disagree to the amendment made by the Senate to the bill, entitled an act to alter the mode of appointing assessors and tax collectors and for other purposes, by striking out the 2d section and inserting in its place, 'that the assessor and tax collector for the year 1827 shall be elected as heretofore provided by law,' they concur in the remainder of the amendments made by the Senate to the said bill; they also concur in the amendment made by the Senate to the joint resolutions 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 state of New Jersey recommending a system of foreign colonization; they also concur in the resolution of the Senate appointing a committee on their part, 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 in the Treasury, and have appointed a committee on their part to consist of Messrs Perry, Rainey, and Davis of Jackson; they have passed a bill which originated in the Senate, entitled an act for the relief of Andrew O. Horn.

Mr. Abercrombie moved that the senate recede for their amendment to the bill entitled, an act to alter the mode of appointing assessors and tax collectors, and for other purposes, by striking out the second section thereof, and inserting the words, "that the assessor and tax collector for the year 1827, shall be elected as heretofore provided by law; which was lost- Yeas 6, Nays 15.


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

mr Abercrombie Brown Gaines Irwin Jones Shackleford

Those who voted in the negative are,

mr. President Barton Brabb Merriwether Skinner
Ashe Casey Jackson Miller Sullivan
Bagby Clay McCamy Powell Vanhoose- 15.

Ordered, That the Senate insist on the said amendment. Ordered, That the Secretary acquaint the House of Representatives therewith.

Mr. Bagby moved to reconsider the voted of the senate on the question to order to a third reading, the bill entitled, an act to authorize Ebenezar Byram to sell a certain tract of land on the terms and conditions therein mentioned; which was carried. Ordered, That the bill lie on the table.

Mr. McCamy from the select committee to which was referred a bill to be entitled, an act to authorize the trustees of certain 16th sections in Jackson county to lease them for any number of years not exceeding twenty, reported the same to the senate. The bill was then read the third time and passed Ordered, That it be returned to the House of Representatives.

Mr. Bagby from the committee on the judiciary, to which was referred joint resolutions, appointing commissioners to report on the claims of first purchasers of lots in Cahawba, in 1819, to the next General Assembly, and for other purposes, reported the same as amended; which was concurred in.

Mr. Jackson moved to strike out the first resolution, which is as follows:- "That the seat of government fund be set apart to remunerate the holders of lots bought at the first sale of Lots in the town of Cahawba, under a contract with the territory;" which was carried - Yeas 11, Nays 10.

The yeas and nays being desired on the motion to strike out, 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,

Mr. Abercrombie Bagby Casey Jones Shackleford
Ashe Barton Irwin Miller Sullivan- 10.

Ordered, That the resolution be engrossed for a third reading, to-morrow.

Mr. Clay presented the petition of sundry inhabitants of Lawrence county, praying that each county in this state may be furnished with two copies of the laws and journals of each session of Congress; which was read and referred to the select committee, to which the joint resolutions authorizing the purchase of certain books, for the use of the state, were referred.

Mr. Bagby introduced a bill to be entitled, an act to amend an act entitled an act, giving execution for costs in the supreme court; which was read and ordered to a second reading, to-morrow.

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

Mr. President- The House of Representatives have passed a bill which originated in the house, entitled - an act to alter the time of holding the county courts of Lawrence, Limestone, Lauderdale, Dallas, Autauga, Montgomery, Perry and Connecuh; in which they desire your concurrence. The bill was read the first time in the Senate, and ordered to a second reading to-morrow.

An engrossed bill, to be entitled an act to incorporate the Cahawba river navigation company was read the third time, amended by way of rider, and passed. Ordered, That the title of the bill be as aforesaid; and that it be reported to the House of Representatives for concurrence.

Mr. Crabb introduced a bill to be entitled, an act to incorporate the muscle shoal canal company; which was read, & ordered to a 2d reading to-morrow.


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Mr. Barton, from the select committee, to which was referred the petition of Silas Dinsmore, jr, agent of the St. Stephen's steamboat company, reported a bill to be entitled, an act concerning the St. Stephen's steamboat company, which was read, and ordered to a second reading to morrow; and then the Senate adjourned till to-morrow morning, at 10 o'clock.