Thursday, December 28, 1826.

The Senate met pursuant to adjournment.

Mr. Gaines presented the petition of John McGrew, and of sundry others in his behalf, praying that the said John McGrew may be relieved against the payment of a judgment obtained by the state against him as security for the appearance at the court of one James Caller, charged with a criminal offence; which was read, and referred to the committee on propositions and grievances.

A bill to be entitled an act to establish a ferry and appoint commissioners to lay our a certain road therein named, was read, and ordered to a second reading to-morrow.

Mr. Miller introduced a bill to be entitled an act to establish an office of discount and deposite of the Bank of the State of Alabama in the Tennessee valley; which was read the first time. Mr. Jackson moved that the bill lie on the table till the first day of June next; which was carried- Yeas 11, nays 6.

The yeas and nays being desired, those who voted in the affirmative are, Mr. President, Abercrombie, Ashe, Bagby, Barton, Brown, Jackson, Jones, Shackleford, Sullivan and Vanhoose-11.

Those who voted in the negative are, Messrs. Casey, Clay, Irwin, McCamy, Miller and Skinner- 6.

Mr. Casey, from the committee of conference appointed on the part of the Senate to confer with the committee on the part of the House of Representatives, on the disagreement between the two Houses on a bill to be entitled an act to alter the mode of appointing assessors and tax collectors, and for other purposes, reported, that they have had a meeting, and that the committee on the part of the House of Representatives have agreed to recommend to their House to recede from their disagreement to the amendment to said bill.

An engrossed bill to be entitled an act to provide for the translation and preservation of the Spanish records within this state, was read the third time and passed. Ordered, that the title of the bill be as


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aforesaid, and that it be reported to the house of Representatives for concurrence.

Mr. Barton, from the committee on the judiciary, to which was referred a bill to be entitled an act providing a fund for the payment of petit jurors, reported the same without amendment. Ordered, that the bill be engrossed for a third reading to-morrow.

Mr. Barton, from the same committee, to which was referred a bill to be entitled ana ct to amend an act, entitled an act giving execution for costs in the Supreme Court, reported, that it is inexpedient to pass the bill. Ordered, that the report, together with the bill, lie on the table.

Mr. Barton, from the same committee, to which was referred the petition of sundry person in Wilcox county, praying authority to sell a certain sixteenth section therein named, reported, that the committee are of opinion that the legislature have no authority to authorize the sale of 16th sections; which was concurred in.

Mr. Barton, from the same committee, to which was referred a bill to be entitled an act to incorporate the Mobile marine railway and insurance company, reported the same as amended; which was concurred in. Ordered, that the bill be engrossed for a 3d reading to-morrow.

Mr. Barton, from the committee on schools and colleges and school and college lands, to which was referred a bill to be entitled an act to provide for the support and better regulation of common schools, reported the same as amended; which was concurred in. Ordered, that the bill be engrossed for a third reading to-morrow.

The Senate took up the bill entitled an act providing for the erection of a state capitol, together with the amendments made thereto by the House of Representatives. Mr. Casey moved to amend the first amendment made by the House of Representatives to the bill by adding the following: "Provided, that the plan which may be agreed on shall not exceed the amount appropriated by this bill in completing the said capitol; " which was lost- Yeas 10, nays 10.

The yeas and nays being desired, those who voted in the affirmative are, Mesrs, Abercrombie, Ashe, Bagby, Barton, Casey, Irwin, Jones, Miller, Shackleford and Sullivan.

Those who voted in the negative are, Mr. President, Brown, Clay, Gaines, Jackson, McCamy, Merriwether, Powell, Skinner, and Vanhoose.

The question was then put on concurring in the first amendment made by the House of Representatives to the bill, which provides that the site for the capitol shall be selected by the General Assembly during their present session, and determined in the affirmative.

Mr. Casey offered the following as an amendment to the second amendment made by the House of Representatives to the bill; 'provided, that not more than one half of the sum appropriated shall be drawn from the treasury until sanctioned by the next General Assembly;' which was rejected- Yeas 8, nays 12.

The yeas and nays being desired, those who voted in the affirmative are, Messrs, Abercrombie, Ashe, Bagby, Casey, Irwin, Jones, Miller and Sullivan.


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Those who voted in the negative are, Mr. President, Barton, Brown, Clay, Gaines, Jackson, McCamy, Merriwether, Powell, Shackleford, Skinner and Jackson.

Ordered, that the Senate concur in he remainder of the amendments made by the House of Representatives to said bill. Ordered, that the secretary acquaint the House of Representatives therewith.

Mr. Jackson, from the select committee to which was referred a bill to be entitled an act to procure surveys, plans and estimates in relation to certain objects of internal improvement within this state, reported the same as amended; which was concurred in. Ordered, that the bill be engrossed for a third reading to-morrow.

An engrossed bill to be entitled an act making it the duty of the Comptroller of public accounts to lay before both houses of the general assembly, during the first week of its session, a full expose of the disbursements made from the contingent fund, was read the third time and passed. Ordered, that the titled of the bill be as aforesaid, and that it be reported to the House of Reps. for concurrence.

A bill to be entitled an act supplementary to an act to establish a state university, was read the third time and passed. Ordered, that it be returned to the House of Representatives.

An engrossed bill to be entitled an act more effectually to prevent breaches of the peace, 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.

Mr. Clay called up the resolutions protesting against the exercise of implied, constructive and unconstitutional powers on the part of he Federal Government, and asserting the rights secured to the states respectivey the constitution of the United States. Mr. Jackson moved to strike out the second resolution, which is as follows: - "Resolved, that we approve of the course pursued by the republican party during the eventful crisis of '98 and '99 in opposition to the usurpations of the general government claimed under the above desired powers; that we believe the time has again arrived when it is necessary for the states to assert their constitutional rights, and with becoming firmness to resist the increasing progress of federal power."

And then the Senate adjourned till 3 o'clock this evening.

3 o'clock P.M. The Senate met- and resolved itself into a committee of the whole on the resolutions protesting against the exercise of implied, constructive and unconstitutional powers on the part of the federal government, and asserting the rights secured to the states respectively by the constitution of the United States - Mr. Shackleford in the chair - and after some time spent in the consideration thereof, the committee rose, Mr. President resumed the chair, and Mr. Shackleford reported the resolutions without amendment.

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