Saturday, December 30, 1826.

The Senate met pursuant to adjournment.

Mr. Irwin presented a petition from Henry county, praying a change of an election precinct, which was read and ordered to lie on the table.

Mr. Jackson from the select committee, to whom had been referred the bill to be entitled an act concerning the owners and keepers of mills, and other water works, reported the same as amended; to which the Senate concurred, and ordered the bill as amended to be engrossed for a third reading on Monday next.

Mr. Barton, from the select committee, to whom was referred so much of the governor's message as relates to the system for the disposal of public lands, reported joint resolutions in relation to the system, for the disposal of the public lands, and to the unsettled land claims in this state, which received a first, and were ordered to a second reading on Monday.

Mr. Barton, from the committee on schools and colleges, &c. to whom had been referred the bill to be entitled an act to better provide for leasing the 16th section therein named, reported the same without amendment, which was ordered to a third reading on Monday. The same gentleman, for the same committee, to which it had been referred, reported without amendment the bill to be entitled, an act to authorize the Mobile school commissioners to raise a sum of money by lottery, which was ordered to be engrossed and read for a third time to-day.

Mr. Casey, from the committee on roads, bridges, &c. to whom had been referred the bill to be entitled, an act for improving the road leading from Blakely to the upper line of Baldwin county, by the way of Durant's, reported the same without amendment, which was ordered to a third reading on Monday. Mr. Jackson obtained leave to introduce a joint resolution, explanatory of the 3d section, of an act entitled an act to fix the salary of the President of


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the bank of the state of Alabama, and for other purposes; which (the rule requring bills, &c. to be read on three several days being suspended, received three reading forthwith, passed, and was ordered to be reported to the House of Representatives, for their concurrence.

Mr. Crabb, of the military committee, submitted the following report, to wit: The military committee of the senate and house of representatives have jointly examined the state arsenal and arms therein, in conformity to a resolution of the General Assembly, and have directed me to report - That they opened several of the boxes containing muskets, pistols, and sabres. the muskets were in bad order, injured already by rust, and likely to be much more so. The cartridge boxes are in very bad order, and without more attention to oiling of them, will in a short time be worth nothing. The pistols and sabres are in tolerable order. I am also instructed to report to the senate that the military committee are clearly of the opinion that the quarter-master General has failed to discharge his duty in making an annual report, as well as in his attention to the arms in the arsenal; therefore they would recommend to the senate a reduction of his salary; which received the concurrence of the senate.

Mr. Sullivan, of the committee on divorce and alimony, to which it had been referred, reported without amendment, the bill to be entitled, an act to divorce Morgan Buck from Lavinia Buck, which was ordered to a third reading on Monday.

Mr. Crabb obtained leave to introduce a bill to be entitled an act supplementary to the several acts heretofore passed. granting to Abram Stout and his associates, the privilege of opening a turnpike road, commencing at or near John Gandy's, in Morgan county, and to intersect the old Huntsville road, at or near Elyton, in Jefferson county, which received a first and was ordered to a second reading on Monday.

Mr. Powell, of the committee on enrolled bills, reported as correctly enrolled, to wit: an act to authorize the filed officers of the 46th regiment to form a company of militia of Broxton's settlement: an act to authorize the judge of the county court and commissioners of revenue and roads of Shelby county, to levy an extra tax for the purpose of building a jail in and for said county: an act to amend an act entitled an act to incorporate the town of Florence in the state of Alabama: an act to alter the times of holding the county courts of Lawrence, Limestone, Lauderdale, Dallas, Autauga, Montgomery, Perry, and Conecuh counties: an act for the relief of James Hall: an act to repeal in part and amend an act entitled an act for the relief of the inhabitants of the first township, range 7, east of the basis meridian of Huntsville, approved Jan. 9th, 1824: an act to divorce Kelly Stegall from Nancy Stegall: an act directing in what manner and in what courts suits may be brought against the state of Alabama: an act to allow Wm. Whorton to erect a mill on Wills' creek in St. Clair county: an giving further time to person holding claims against their respective counties to file the same: an act to authorize the trustees of certain 16th sections in Jackson county, to lease them for any number of years not exceeding twenty: an act for the relief of Mary Latham: an act supplementary to the several acts heretofore passed, in relation to the county court for the county of Mobile, and for other purposes; and a joint resolution of the Senate and House of Representatives of the state of Alabama, disapproving certain resolutions of the Legislatures of the states of Delaware, Connecticut, Illinois and Indiana, concurring with a resolution of the state of Ohio, proposing the emancipation of salves, and a resolution of the legislature of New Jersey, recommending a system of foreign colonization; all of which were severally signed by Mr. President.


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The following was received from the House of Representatives by Mr. Vandyke.

Mr. President - The House of Representatives have read a third time, and passed a bill which originated in your honorable body, entitled, an act to incorporate the Cahawba navigation company, and have amended the same as herewith shewn. They have also read a third time and passed bills, which originated in their house of the following titles, to wit: an act to amend an act to establish the bank of the state of Alabama, approved Dec. 20th, 1823; an act to alter the time of holding the county courts of the county of Tuscaloosa: and an act to divorce John Hamblin, from Hannah Hamblin. In all of which they ask the concurrence of your Hon. body.

The Senate concurred in the amendments made by the House, to the bill, entitled an act to incorporate the Cahawba navigation company.

The other bills mentioned in the above message, were severally read a first time, and ordered to a second reading on Monday next. The Senate then resumed the consideration of the bill, to be entitled an act to incorporate the muscle shoals canal company. Mr. Jackson renewed his motion to strike from the bill the word "two" and insert "one" where it relates to the time within which the state may subscribe for stock, which was carried. The bill, after undergoing sundry other amendments, was ordered to be engrossed for a third reading on Monday.

The following message was received by James I. Thornton, Secretary of State - Mr. President: The Governor did, on the 26th inst. approve and sign, an act to compensate the commissioners appointed by the Governor for ascertaining and making the permanent boundary line between this state and Georgia, which originated in the Senate.

Mr. Clay moved to take up the resolutions introduced by him, 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- which was agreed to Mr. Jackson moved to strike from the preamble the words "to an alarming extent," which was negatived. Mr. President, Messrs. Bagby, Brown, Casey, Gaines, Jackson, Irwin, Merriwether, Powell and Vanhoose, 10- voting for the motion. And Messrs. Abercrombie, Ashe, Barton, Clay, Crabb, Jones, McCamy, Miller, Shackleford, Skinner and Sullivan, 11- voting against it.

On motion of Mr. Clay, the Preamble was adopted- Yeas, Mr. President, Messrs. Abercrombie, Ashe, Barton, Clay, Crabb, Gaines, Irwin, Jones, McCamy, Miller, Shackleford, Skinner and Sullivan- 14.

Nays- messrs. Bagby, Brown, Casey, Jackson, Merriwether, Powell and Vanhoose- 7.

Mr. Bagby moved to lay the resolutions on the table, which was disagreed to Mr. Clay moved the adoption of the first resolution; which was carried; yeas 20, nays 1- Mr. Brown alone disagreeing.

Mr. Clay moved the adoption of the second resolution.

Mr. Bagby moved to amend it by striking out the latter clause, which was agreed to. Yeas, mr. President, messrs. Bagby, Brown, Casey, Gaines, Jackson, Irwin, Merriwether Powell, Shackleford, Sullivan, and Vanhoose - 12.

Nays- messrs. Abercrombie, Ashe, Barton, Clay, Crabb, Jones, McCamy, Miller and Skinner, 9 - so the latter clause of the second resolution, which was in these words - "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," was stricken out.


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The question then recurred upon the adoption of the second resolution as changed, and the same was adopted unanimously.

On motion of Mr. Clay, the third resolution was adopted unanimously.

Mr. Clay also moved the adoption of the fourth resolution, which was carried. Yeas- mr. President, messrs. Abercrombie, Ashe, Barton, Brown, Clay, Crabb, Gaines, Jackson, Irwin, Jones, McCamy, Merriwether, Miller, Powell, Shackleford, Skinner, Sullivan and Vanhoose - 19. Nays, Messrs. Bagby and Casey- 2.

Mr. Clay moved, likewise, that the fifth resolution be adopted.

Mr. Jackson moved that the Senate adjourn until 3 o'clock- and the motion was lost.

The question on the adoption of the fifth resolution recurred, which was carried. Yeas - mr. President, messrs. Abercrombie, Ashe, Bagby, Barton, Casey, Clay, Crabb, Gaines, Irwin, Jones, McCamy, Merriwether, Miller, Powell, Shackleford, Skinner, Sullivan and Vanhoose-19.

Nays- Messrs. Brown and Jackson- 2.

Mr. Clay moved to amend the 6th resolution, by striking out the words, "a high handed exercise of federal power," which was carried; and on motion of the same gentleman, the words "an unconstitutional exercise of federal power" were inserted in lieu thereof.

The sixth resolution as amended, was then adopted. Yeas - mr. President messrs. Abercrombie, Ashe, Bagby, Barton, Casey, Clay, Crabb, Irwin, Jones, McCamy, Miller, Shackleford, Skinner, and Sullivan- 15.

Nays, messrs. Brown, Gaines, Jackson, Merriwether, Powell & Vanhoose- 6.

On motion of Mr. Clay the following resolution was adopted, as an addition to the aforesaid resolution, to wit:

"Resolved, That the President of the Senate of this state be, and he is hereby requested to transmit to each of our Senators and Representatives in Congress a copy of the foregoing preamble and resolutions"

On motion of Mr. Crabb, the word "alarming" which occurs in the preamble, was erased and the words "unjustifiable" substituted in its place.

On motion of Mr. Clay, the question on the passage of the Preamble and resolutions, as amended, was taken, and decided in the affirmative- Yeas:

mr. President Barton Crabb Jones Shackleford
Abercrombie Brown Gaines McCamy Skinner
Ashe Casey Jackson Merriwether Sullivan
Bagby Clay Irwin Miller Vanhoose- 20.

Nays - Powell, 1

So the preamble and resolutions passed the Senate. Ordered, on motion of Mr. Clay, that they be sent to the House of Representatives for their concurrence

Mr. Crabb obtained leave to introduce joint resolutions in relation to the compensation of Quarter Master General, which was read, and ordered to a second reading on Monday.

Mr. Casey, from the select committee, to whom it had been referred, reported without amendment, the bill to be entitled an act concerning the St. Stephens Steamboat company; which, on his motion, was read a third time forthwith, and ordered to lie on the table.

The Senate adjourned until half past 3 o'clock, p. m. to-day.

Half past 3 o'clock PM - Bills to be entitled, an act to incorporate the Mobile, marine railway and insurance company; and an act to authorize the Mobile school commissioners to raise a sum of money by lottery, were


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severally read a third time, and passed the Senate. Ordered, That they be reported to the House of Representatives for their concurrence.

The bill to be entitled an act for the support, and better regulation of common schools received a 3d reading, and was laid on the table.

The bill to be entitled an act to provide for purchasing two four pounders for the use of the state of Alabama, received a second reading.

Mr. Miller moved to postpone the bill indefinitely, which was negatived.

Mr. Merriwether moved to amend the bill, by striking out the word " four ? " wherever it occurs, and substituting "six" therefor, which was agreed to.

Ordered, That the bill be engrossed and read a third time on Monday.

Bills to be entitled, an act to establish a road from Elyton to Montevallo; and an act for the relief of John McGrew, were severally read a second time and ordered to be engrossed for a third reading on Monday

A bill to be entitled, an act providing a fund for the payment of petit jurors, was ordered to lie on the table.

Bills from the House of Representatives, to be entitled, an act to emancipate certain slaves therein named; and an act to incorporate the town of Russelville in the state of Alabama, were severally read a 3d time and passed.

Ordered, That they be returned to the House of Representatives:

A bill to be entitled, an act to establish a ferry, and appoint commissioners to lay out a certain road therein named, was deferred for its second reading till Monday.

The Senate then adjourned till 10 o'clock, on Monday morning.