Tuesday, December 26, 1826.

The Senate met pursuant to adjournment.

Mr. Jackson, from the committee on the judiciary, to which was referred a bill to be entitled an act for the support and better regulation of common schools, reported the same with several amendments; which was concurred in. Ordered, that the bill lie on the table for one hour.

Mr. Powell presented the petition of sundry merchants and others of Limestone county in relation to the tax on merchandize; which was referred to the committee on the judiciary.

Mr. Powell presented the account of Nathaniel Carrol against the state; which referred to the committee on accounts and claims.

Mr. Powell, from the committee on enrolled bills, reported as correctly enrolled, an act authorizing titles to the lands and town lots given by the citizens of Tuscaloosa to the state to be made to the governor, for the use and benefit of the state; which was accordingly signed by Mr. President.

Mr. Sullivan offered the following resolution:

Whereas it is believed by the General Assembly that in a variety of counties in this state a considerable defect appears from the returns made to exist, and that full and complete returns from many counties


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on sales at auction, tax on playing cards, race tracks, licenses to hawkers and pedlars, and licenses to retailers and tavern keepers, have not been made by the tax collectors and assessors or the clerks of the county courts in the counties of this state, from many of the counties no returns have been made - Therefore,

Resolved, that a select committee be appointed to inquire into the cases, and report by bill or otherwise, an appropriate remedy for the existing evil; which was adopted. Whereupon Messrs. Sullivan, Casey and Jackson were appointed the committee.

A bill to be entitled an act to procure survey, plans and estimates in relation to certain objects of internal improvements within this state, was read the second time, and referred to a select committee, consisting of Messrs. Jackson, Gaines and Sullivan to consider and report thereon.

A bill to be entitled an act to incorporate town of Russelville in the state of Alabama, was read the third time, and recommitted to the same committee to which it was referred heretofore, with instructions to strike out that part of the bill which authorizes the corporation to provide for regulating and licensing hawkers and pedlars, and to provide that said corporation may tax those licensed by law.

The following communication was received from the Governor by Mr. Thornton:

EXECUTIVE DEPARTMENT, Dec. 26, 1826.

The Hon. the President and members of the senate.

Gentlemen- I have the honor to transmit you the annual Report of the Board of Trustees of the University of Alabama. The reports of the commissioners to class the university lands in the 1st and 2d judicial circuits have been recently received, and as they place a value, from examination, on these lands, which was not equal the fond expectation of the General Assembly, or the community, I have thought it a duty incumbent on me, to lay them before you, that I may receive such direction as your wisdom may suggest. In a matter so important, and to further an object so interesting as that of the education of the country, the united wisdom and discretion of the public authorities should be employed, when it can be obtained with convenience, to give the greater certainty and effect to the most judicious arrangements. It is proper however to observe, that, according to the best view which I can take of this subject, I shall offer the lands for sale, under the authority given me by law, unless your sound discretion may suggest a better course. I cannot but believe that the examination which has been made gives us correct information of the value of these lands, and that the interest of the University would be promoted by a sale at auction, and afterwards by entry, under the minimum valuation. I beg leave very respectfully to request, that this subject may engage your attention as soon as may be consistent with your other duties, that the lands may be advertised for sale the last of February or early in March next, giving as ample time as possible for the requisite publicity of such sale. The university lands in the 3d judicial circuit have been offered for sale, a small portion only has been sold, and the rest is now liable to entry under the classification which has been made. There is reason to believe that a considerable portion of it will be entered when the planters of the country can obtain the command of their annual funds. The commissioners of the 6th judicial circuit have made several fruitless attempts to get together,


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but have failed in each account of their living at a distant from each other. The commissioners of the 2d judicial circuit classed some university lands in the 3d circuit, because the line dividing the conterminous counties in the circuits, was not distinctly perceived, and that it would be confusing to separate the plots in such cases. The same good information it is believed has been received, and it may be proper to give the sanction of your authority for this incidental non conformity to the letter of the law.

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

(Signed)                  JOHN MURPHY.

The following is the report of the Trustees of the University mentioned in said communication:

The Board of Trustees of the University of Alabama respectfully submit their Annual Report to the General Assembly. The financial situation of the Institution will be seen from the following statement, to wit:

CAPITAL STOCK,

$227,024 52 1-2

Six percent stock of the State of Alabama, $84,337 82 1-2
Bonds outstanding for deferred payments on lands sold, 142,481 07 3 4
Cash in the Treasury of the State,   205 62 1-4
No land having been sold since the date of the last annual report, the capital stock remains in amount as then stated. The only change effected being the collection on bonds for deferred payments of lands sold, to the amount of

 

 

    4,218 15 1-2

Which, added to the amount in the state treasury on the 24th Dec'r. 1825, of   23,712 34 3-4
Make the amount of    27,930 50 1-4
With which state stock has been purchased, to the amount of    27,724 88
Leaving of capitol stock in the treasury of the state on the 20th Dec'r. 1826, the sum as above state, of

 

   205 62 1-4                     ________________

INCOME FUND

$68,255 29 3-4

Viz: Cash in the treasury on the 24th December, 1825,   9,327 60 1-4
Interest on state stock,   4,439 99
Amounts received on rents of lands,      820 41 1-2
Amount of interest received on deferred payments for lands sold,   1,111 05
Interest now due on outstanding bonds for the purchase of lands   3,499 70
Interest bonds now due,   1,468 61
Interest bonds not yet due, 37,587 93
Amount due on bonds for leases and rents.The Board are not in possession of the returns of all their agents, which would be necessary to arrive at any degree of certainty as regards this item: they however are induced to suppose it's amount about the same as reported last year, viz:

 

 

 

10,000 00

From which, disbursements have been


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made since the 24th Dec'r. 1825, to the amount of  911 80 3-4                               _____________  

                                                                                             
Leaving a balance of

$67,343 49

Of which amount there is cash in the Treasury $14,788 25
Bonds for Interest, leases, &c.   67,343 49

The Board of Trustees respectfully suggest to the General Assembly, that they have had under consideration the expediency of locating the University - that their best reflections have led them to the conclusion that no practical utility can arise by a postponement of the location thereof. They believe that the situation of our finances, and the superior claims of the growing youth and prosperity of our state, unite in pressing the expediency of commencing the great work. They also beg leave to represent to your honorable body, that section 12, containing 638 84-100 of an acre- the north-east quarter of section 17, containing 159 11-100 of an acre; and the last part of the northeast quarter of section 34, containing 106 12-100 of an acre, situate in township 4, range 11, west, in the Huntsville land district, patented to the trustees of the university of Alabama, on the 16th July, 1824, have been subsequently sold by the United States to individuals, who are now in peaceable possession thereof, and have made considerable and valuable improvements thereon. They are of opinion that a selection could be made which would quiet the possession of innocent and bona fide purchasers. They therefore respectfully submit to your honorable body the propriety of memorializing the Congress of the United States to permit the trustees of the university of Alabama to make a selection of other lands in lieu thereof. They also beg leave to state to your honorable body, that the commissioners appointed to class the land of the university in the first and third circuits, have performed their duty; but that those who were appointed to class the lands in the second, fourth and sixth circuits, have failed to do so - That as yet, there has been n o sale under the classification. They respectfully submit the propriety of passing a law authorizing the President of the Board of Trustees to make the appointment of Commissioners. All of which is respectfully submitted.

By order of the Board,

JOHN MURPHY, President.

Ordered, that the communication and accompanying documents be referred to the committee on schools and colleges and school and college lands, and that 200 copies of the report of the trustees be printed for the use of the Senate.

A bill to be entitled an act to authorize Ebenezer Byram to sell a certain tract of land on the terms & conditions therein mentioned, was read the third time, and ordered to lie on the table till Saturday next.

Engrossed bills entitled an act to establish the permanent seat of justice in Walker county; and act to authorize Abraham Smith and his associates to erect a mill on Coosa river; and, joint resolutions providing for the purchase and distribution to each county of two copies of the acts and resolutions of Congress, were severally read the third time and passed. Ordered, that they be reported to the House of Representatives for concurrence.

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

Mr. President - The House of Representatives have passed a bill which originated in the Senate, entitled an act to compensate the


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commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this state and Georgia.

A bill to be entitled an act to incorporate the Mobile marine railway and insurance company, was read the second time, and referred to the committee on the judiciary to consider and report thereon.

A bill to be entitled, an act to provide for the translation and preservation of the Spanish records in this state; and an act making it the duty of the comptroller of public accounts to lay before both houses of the genreal assembly in the first week of its session, a full expose of the disbursements from the contingent fund, were severally read the second time, and ordered to be engrossed for a third reading to-morrow: a bill to be entitled, an act supplementary to an act, to establish a state university was read the second time, and ordered to a third reading to morrow.

A bill to be entitled an act to repeal in part and amend an act to fix the salary of the president of the Bank of the State of Alabama, and for other purposes, passed Jan. 14th, 1826, was read the second time. Mr. Clay moved that the further consideration of the bill be indefinitely postponed, which was carried.

A bill to be entitled an act to incorporate the Tuscaloosa library company, was read the third time and passed. Ordered, that the bill be returned to the House of Representatives.

Mr. McCamy moved to reconsider the voted of the Senate on ordering to a third reading the bill entitled an act more effectually to prevent breaches of the peace, which was carried. Ordered, that it be referred to a select committee - Whereupon Messrs. McCamy, Miller and Merriwether were appointed.

The Senate resumed the consideration of the bill entitled an act to provide for the support and better regulation of common schools -

Ordered, that the bill be recommitted to the committee on the judiciary.

Mr. Powell, from the committee on enrolled bills, reported as correctly enrolled, an act to compensate the commissioners appointed by the Governor for ascertaining and making the permanent boundary line between this state and Georgia; which was accordingly signed by Mr. President.

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