Monday, December 4, 1826.

The Senate met pursuant to adjournment.

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 for the relief of Mary Latham; an act to authorize Sarah Bowie, administratrix of John Bowie, deceased, to sell and transfer certain real estate; and, an act authorizing Benjamin F. Perry to emancipate a certain slave therein named. In all of which they desire your concurrence.

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

Mr. Powell, from the joint committee on enrolled bills, reported as correctly enrolled, an act to provide for an extra term of the circuit court in Mobile and Baldwin counties; which was accordingly signed by Mr. President.

Mr. Bagby, from the judiciary committee, submitted the following report:- The judiciary committee, to which was referred so much of the message of his Excellency the Governor as relates to the establishment of a Branch Bank of the United States in the city of Mobile, have had the same under consideration, and have instructed me to report - That although they have viewed with deep concern, and the most fearful apprehension, the various encroachments that are daily made in various forms upon the sovereignty of the individual states; and although they participate strongly in the feeling which prevails for the successful operation and permanent prosperity of the Bank of the State of Alabama, yet, as the committee admit the power of the United States to establish branches in the respective States of this Union; and inasmuch as the highest judicial tribunal known to the laws of the country, and the decisions of which form a part of the supreme law of the land, have determined that the General Government possessed this power, the committee respectfully desire to be discharged from the further consideration of this subject; which was agreed to by the Senate.

Mr. Bagby, from the same committee, to which was referred a bill to be entitled an act to amend an act, entitled an act concerning wills and testaments, the settlement of intestate estates, and the duty of executors administrators and guardians, reported that "it is in expedient to pass the bill:" which was concurred in.

Mr. Bagby from the same committee, to which was referred a resolution instructing them to inquire into the propriety of passing a law


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authorizing the Governor to appoint some suitable person to revise and consolidate the laws now in force in this state in relation to wills, the estates of intestates, the duty of executors, administrators and guardians and report the same, together with such amendments as may be necessary, to the next General Assembly, reported, a bill to be entitled an act to authorize the Governor to appoint some suitable person to revise the laws in relation to wills, and the duties and legal accountability of executors, administrators and guardians: which was read. Ordered, that the bill be made the order of the day for a second reading to-morrow.

Mr. Bagby, from the same committee, to which was referred to resolution instructing them to inquire into the expediency of so explaining and altering the 20th section of the revenue law, passed Dec. 17, 1821, as to compel the assessors and tax collectors to receive jury tickets and orders made by the County Courts on the county treasury, so far as the amount of the county revenue may extend, reported the same as inexpedient; which was concurred in.

Mr. Bagby, from the same committee, to whom was referred a bill to be entitled an act amendatory to an act to establish a certain county therein named, and for other purposes, reported the same with sundry amendments; which were concurred in. Ordered, that the bill be engrossed and made the order of the day for a third reading to-morrow.

Mr. Gaines, from the committee on propositions and grievances to which was referred the petition of Wm. A. Powell, reported a bill to be entitled an act to authorize Wm. A. Powell to emancipate a certain person therein named; which was read, and ordered to a second reading to-morrow.

Mr. Crabb, from the military committee, made the following report:- The military committee to whom was referred a paper which had been presented to the Senate as the report of the Quarter Master General, have examined the same, and can derive no information from it; and but for the incorrectness thereof, would suppose it to be the annual report of the Adjutant General. They therefore beg leave to return the same to the Senate: which report was agreed to.

Mr. Jackson offered the following resolutions: Resolved, That the judiciary committee be instructed to inquire into the expediency of providing by law for the removal of the County Court Judges in the several counties in this state, with leave to report by bill or otherwise; which was adopted.

Engrossed bills to be entitled an act to repeal an act passed on the 17th day of December, 1819, entitled an act to regulate the rate of interest, and for other purposes; an act to repeal in part an act to establish the town of Carthage, in Tuscaloosa county; and an at to change the mode of paying jurors in the several counties in this state, were severally read the third time and passed. Ordered, that the titles of the bills be as aforesaid, and that they be sent to the House of Representatives for concurrence.

A bill to be entitled an act to prevent the Creek Indians from hunt-


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ing on lands within the settled limits of this state, was read the second time, amended on Mr. Jones' motion, and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled an act to alter the state road from Selma to Cahawba, by way of the new bridge on Valley creek, was read the second time. Ordered that it be made the order of the day for a third reading to-morrow.

A bill to be entitled an act to emancipate certain slaves therein named, was read the second time, and ordered to 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 third time and passed. Ordered, That the bills be returned to the House of Representatives.

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