Wednesday, Dec. 6, 1826.

The Senate met pursuant to adjournment.

Mr. Barton, from the select committee to which was referred so much of the Governor's annual message as relates to the boundary line between this state and Georgia, together with the accompanying documents, submitted a report.

The select committee to whom was referred so much of the communication of his Excellency the Governor, as relates to the permanent boundary between this state and the state of Georgia, together with the accompanying documents have had the subject under consideration, and ask leave to report, That an attentive examination of the documents, including the correspondence between the commissioners of the two states, and a map of the Chatahoochie river, executed by Charles Lewis, Esq. under the instructions of the Executive, has led them to the conclusion, that the construction insisted upon by the commissioners of this state, is the only just and fair interpretation of which the "articles of agreement and cession" between the United States and Georgia is susceptible; and which was made the rule of their conduct by the resolution of the general assembly under which the acted. In reporting to the senate the unanimous opinion of the committee on the construction given to the aforesaid compact by our commissioners, they cannot refrain from expressing the gratification they have derived from the firm but temperate course pursued, and the conciliatory style maintained by them in their correspondence with the authorities of a sister state, throughout a difficult & delicate negotiation. It is due, however, to the Georgia commissioners to state, that the committee have discovered in the correspondence nothing on their part, calculated to disturb the harmony and good feeling which ought to subsist between the authorities and people of the two sister states, or which forbids the hope, that the equitable and amicable proposition which the committee feel it to be their duty to report to the Senate, will be acceded to by the government of Georgia. They therefore beg leave to submit the accompanying joint resolutions:

The same committee also reported a bill providing for the payment of the commissioners appointed to run the line. The joint resolution, in relation to the dividing line between this state and Georgia, reported by the select committee on that subject, were read and ordered to a second reading to-morrow.

A bill reported by the same committee, to be entitled an act to compensate the commissioners appointed by the governor for ascertaining and marking the permanent boundary line between this state and Georgia, was read the first time.

Ordered, That the bill be made the order of the day for a second reading to-morrow.

Mr. Bagby from the committee on the judiciary to which was referred a bill to be entitled, An act authorizing Sarah Bowie, administratrix of John Bowie, dec'd. to sell and transfer certain real estate, reported the same without amendment. Ordered That the bill be read a third time to-morrow.

Mr. Clay, from the select committee to which was referred a bill to be en-


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titled, an act to change the time of holding the county courts in the county of Jefferson, reported the same without amendment. 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 account of Daniel Ayres, reported a bill to be entitled an act for the relief of Daniel Ayres, which was read. Ordered, That the bill be made the order of the day for a second reading to-morrow.

Mr. Miller presented the account of the solicitor of the fifth judicial circuit, which was referred to the committee on accounts and claims.

Mr. Abercrombie, from the committee on county boundaries, to which was referred the petition of the inhabitants of Walker county, reported a bill to be entitled, An act to establish the permanent seat of justice in Walker county which was read. Ordered, That the bill be read the second time to-morrow.

An engrossed bill to be entitled an act to authorize the Governor to appoint some suitable person to revise the laws in relation to wills, the duties and legal accountability of executors, administrators and guardians, was read the third time and passed. Ordered, That the title of the bill be as aforesaid, and that it be sent to the House of Representatives for concurrence.

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

Mr. President- The House of Representatives have read three times and passed bills, which originated in their house, entitled, - An act to establish a certain road therein designated: An act to divorce Olivia A. Taylor from John Taylor: An act authorizing the administrator of William McAlister, dec'd to transfer a certificate therein named: An act to authorize the field officers of Marion county to form a company of militia in Kenedy's settlement: An act to divide the 42d regiment of the militia of this state: and An act to divorce William Bryant from Rhodicy Bryant: In all of which they ask the concurrence of your honorable body. The bills mentioned in the foregoing message were severally read the first time in the senate, and ordered to a second reading to-morrow.

A bill to be entitled, An act to repeal in part, an act entitled an act concerning jurors, and for other purposes, passed 20th Dec. 1815, was read the second time. Ordered, That the bill be referred to the committee on the judiciary, to consider and report thereon.

A bill to be entitled, an act to compel Clerks and Sheriffs to keep their offices at their respective court houses, in certain counties therein named, was read a second time. Ordered, That the bill be engrossed for a third reading to-morrow.

A bill to be entitled an act to permit defendants in all cases to plead a partial failure of consideration, was read the second time.

Mr. Bagby moved that the further consideration of the bill be indefinitely postponed, which was carried.

A bill to be entitled an act, to incorporate the Moulton troop of cavalry of Lawrence county, was read the second time, and referred to a select committee, consisting of Messrs. Clay, Jackson, and Abercrombie.

A bill to be entitled an act to compensate witnesses attending magistrates courts, was read the second time. Mr. Abercrombie moved that the bill lie on the table till the first day of June next, which was lost. Ordered, That it be committed to a select committee; whereupon Messrs. McAmy, Miller, and Powel, were appointed the committee.

A bill to be entitled, an act to repeal in part, and amend an act, concerning the execution of justices warrants, was read the second time.


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Mr. Jackson moved, that the further consideration of the bill be indefinitely postponed, which was carried.

A bill to be entitled, an act to alter the mode of appointing assessors and tax collectors, and for other purposes, was read the second time.

Mr. Jackson moved that the bill lie on the table till the first day of June next, which was lost. Yeas 7- Nays 13.

The yeas and nays being called for, Those who voted in the affirmative are, - Mr. President, Jackson, McCamy, Merriwether, Powell, Skinner and Vanhoose- 7.

Those who voted in the negative, are- Messrs. Abercrombie, Ashe, Bagby, Barton, Brown, Casey, Clay, Crabb, Gaines, Irwin, Jones, Miller and Sullivan.

Ordered, That the bill lie on the table.

A bill to be entitled an act to incorporate a body of free masons at Claiborne, in Monroe county, was read the second time, and ordered to a third reading to-morrow.

A bill to be entitled an act to authorize the Judges of the county courts, and commissioners of roads and revenue of Perry, Franklin and Blount counties, to appoint some suitable person to transcribe certain parts of the records of the county courts aforesaid, was read the second time.

Mr. Brown moved to amend the bill by adding "Jefferson county," which was carried. Ordered, That the bill be read the third time to-morrow.

A bill to be entitled an act the better to define the compensation of certain public officers therein named, was read the second time. Ordered, That the bill be recommitted to the committee on the judiciary to consider and report thereon.

Mr. Powell, from the select committee, to which was referred the bill to be entitled, an act providing for the erection of a state capital; reported the same with sundry amendments, which were concurred in.

Mr. Bagby moved, that the bill lie on the table, and that one hundred copies thereof be printed for the use of the senate, which was lost. Yeas - 9 Nays 11.

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

Mr. Abercrombie Bagby Casey Jones Sullivan - 9
Ashe Barton Irwin Miller  

Those who voted in the negative, are,

Mr. President Clay Gaines McCamy Powell
Brown Crabb Jackson Merriwether Skinner
        Vanhoose-11

So the motion was lost.

On motion of Mr. Powell, Ordered, That the bill be engrossed and made the order of the day for a third reading to-morrow.

On motion of Mr. Crabb, Ordered, That one hundred copies of the bill be printed for the use of the Senate.

Mr. Casey called up the bill entitled an act to alter the mode of appointing assessors and tax collectors. Ordered, That it be referred to the committee on the judiciary, to consider and report thereon.

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