Thursday, Dec. 7, 1826

The Senate met pursuant to adjournment.

Mr. Abercrombie presented the decree of the circuit court of Covington county, exercising chancery jurisdiction divorcing John Diamond from Lizzy Diamond, which was referred to the committee on divorce and alimony.


47

Mr. Jackson presented the petition of Chesney B. Rountree, asking compensation for taking the census of Lauderdale county in 1820, as deputy marshal; which was referred to the committee on propositions and grievances.

Mr. Barton presented the account of Henry Center against the Lafayette committee in Mobile; which was referred to the committee on accounts and claims.

Mr. Clay presented the petition of sundry merchants in the northern part of this state, praying a reduction of the tax on merchandise, and alledging the same as imposed by the Legislature of this state, to be unconstitutional, which was read and referred to the committee on the judiciary, with instructions to report as to the constitutionality of the tax on merchandise.

Mr. Powell, from the joint committee on enrolled bills, reported as correctly enrolled.

An act to declare certain parts of the Choctawhatche and Pea Rivers, Public Highways: An act to incorporate the town of Decatur in Morgan county: An act to incorporate the Trustees of Greenville Academy in Butler county and an act for the relief of Zepheniah Hicks. All of which were accordingly signed by Mr. President.

Mr. Jackson, from the committee on the state bank, to which was referred a resolution on the subject, reported joint resolutions, requiring the banks of Mobile and Tombeckbe, to report their situation to the General Assembly; which was read, and ordered to a second reading to-morrow.

Mr. Barton, from the committee on schools and colleges, and schools and college lands, to which was referred a resolution instructing them to inquire into the expediency of memorializing the Congress of the United States on the subject of the section numbered sixteen in each township in this state, praying the passage of an act authorizing the authorities of the state of Alabama to make sale of such sections, under such rules as Congress may prescribe, reported joint resolutions instructing our Representation in Congress on the subject; which were read, and ordered to a second reading to-morrow.

Mr. Barton, from the same committee, to which was referred so much of the Governor's message as relates to education, and the primary schools, also reported joint resolutions on that subject; which were read, and ordered to a second reading to-morrow.

Mr. Barton, from the same committee, also reported a bill to be entitled an act to provide for the support and better regulation of common schools; which was also referred to the committee on accounts and claims.

Mr. Clay presented the claim of Hiram Sharpe; which was read, and referred to the committee on accounts and claims.

Mr. Skinner presented the account of William Murray, jailor of Franklin county; which was also referred to the committee on accounts and claims.

Mr. Clay, from the committee on inland navigation, to which was referred a petition on the subject, reported a bill to be entitled an act to improve the navigation of the Cahawba river; which was ordered to a second reading to-morrow.

Mr. President laid before the Senate a communication from Messrs. Way & Gideon, of Washington City, proposing to furnish this State


48

with the "Journals of the first American Congress;" which was read, and referred to a special committee, consisting of Messrs. Jackson, Casey and Abercrombie.

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

Mr. President- The House of Representatives have adopted the following resolution, in which they desire your concurrence:

Resolved, That with the consent of the Senate, the two Houses will proceed, on Saturday next at 12 o'clock, to the election of a Trustee of the University of the 6th Judicial Circuit, to fill the vacancy occasioned by the resignation of Clement Billingslea, and that the west end of the Representative Hall be assigned for the reception of the Senate.

They have read three times and passed bills, which originated in their House, entitled 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 act to amend an act entitled an act to establish a permanent seat of justice in the county of Jackson, and for other purposes; an act to provide for the payment of petit jurors in certain counties therein named; an act to authorize the field officers of the 46th regiment to form a company of militia in Broxton's settlement; an act to authorize Romeo Andre to emancipate certain slaves therein named; and an act to emancipate certain slaves therein named. In all of which they desire your concurrence.

Ordered, That the Senate concur in the resolution from the House of Representatives relating to the election of a Trustee of the University from the 6th circuit.

The bill mentioned in the above message, entitled an act to provide for the payment of petit jurors in certain counties therein named, was read, and ordered to be on the table.

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

Mr. Bagby, from the select committee to which was referred so much of the Governor's message as relates to the death of the ExPresidents of the United States, Thomas Jefferson and John Adams, submitted the following report:-

The select committee to which was referred that part of the Governor's message which relates to the death of the Ex-Presidents of the United States, John Adams and Thomas Jefferson, beg leave to Report- That they have viewed with mingled emotions of grief and gratitude, that awful dispensation of the supreme Ruler of the universe, by which two names, dear to patriotism, and consecrated to virtue and glory, have been stricken from the rolls of time - with grief for the loss which the people of the United States in particular, and the great family of mankind in general, have sustained in the death of these dear and venerated conscript fathers of the American republic - and gratitude to the all wise Dispenser of events, for summoning them to "that house not built with hands," on a day the most celebrated in the annuals of mankind - on that "great and glorious day,"


49

that they had so essentially contributed to render as immortal as time itself. It is impossible for your committee to recur to the memory of these illustrious men, without associating with it all that is dear to the American character, and with the recollection of the sainted patriots and sages who have gone before them, and over whose ashes the most precious tears of a grateful country have been shed. Identifying themselves with the early and perilous glory of their country, we see them, through the course of half a century, standing on an eminence covered with honor - through the dim distant lapse of that period, the latest accents of expiring patriots have been breathed out in prayers of gratitude for their matchless services; and succeeding generations, following upon the footsteps of that which was passing away, have risen up and called them blessed. The love, the honor, the gratitude, and heartfelt affection, of one nation, and the admiration of all, have been offered up as willing but humble tributes at the shrine of their talents and virtues. From that summit of earthly exaltation, they have been summoned, as for your committee most fervently trust, and believe, to the realms of immortal glory. They are not dead, but removed. Dim and sightless are the eyes whose radiant and enlivened orbs once beamed with intelligence, and watched with sleepless anxiety through the perilous scenes of the revolution, over the ardent efforts of an oppressed and bleeding country- and closed forever are those lips on whose accents listening millions have hung with rapture. But from the darkness which rests upon their tombs, there shines a light which will serve as a lamp to the feet of those who are destined to walk in the high road of wisdom, or virtue, and glory. Their memories are embalmed in the affections of twelve millions of free people, and fame, proud of the task, has long since inscribed their names in imperishable characters on the brightest page of man's biography. Let us continue to cherish their memories with unceasing gratitude and affection - to imitate their example - to renew the pledge of fortune, life, and sacred honor, to the cause of our country, by which we shall preserve the beautiful fabric of liberty which we received at their hands, unimpaired, amidst the ruins of time, and the desolation of empires, and transmit it untarnished to those for whom we hold it in trust.

Your committee would do injustice to their own feelings, and to those of their fellow citizens of the Senate, if they were to withhold the expression of the deep sense of gratitude, and of the exalted respect, which they cherish for the services and character of the only proud and living monument of an age gone by, the honorable Charles Carroll. They beg leave to unite with their countrymen in general, in the prayer, that the evening of his life may be as serene and happy as the morning and meridian were useful and glorious.

Your committee beg leave, as an humble but sincere tribute of respect for the memories of John Adams and Thomas Jefferson, and for the character of the Hon, Charles Carroll, to recommend the adoption of the following Resolutions:

Resolved, Unanimously by the Senate, with the concurrence of the House of Representatives, That we the representatives of the people of Alabama, do


50

and ever shall entertain for the memories of John Adams and Thomas Jefferson, the most sincere and devoted respect.

Resolved, That as a tribute of respect to the memory of John Adams and Thomas Jefferson, the members of the present General Assembly will respectively wear crape on the left arm for the space of three months.

Resolved, That the 27th day of this month be set apart, for the purpose of paying the last tribute of respect to the memory of John Adams and Thomas Jefferson; that the members will assembly in their respective houses, at the hour of 10 o'clock in the forenoon of said 27th day of December, and march in procession to the court-house in the town of Tuscaloosa.

And be it further Resolved, That a joint committee be appointed to procure some fit and suitable person, to pronounce an eulogy on the characters of these distinguished benefactors of their species; and to request some minister of the gospel, to address to the Throne of Grace a prayer suited to this awful and interesting occasion.

And be it further unanimously Resolved, That the members of this General Assembly, entertain the most exalted respect for the character, and cherish the deepest gratitude for the services of the honorable Charles Carroll, of Carrolton, the only surviving Signer of the Declaration of American Independence; and that the Governor of this State be requested to inclose to him a copy of these resolutions.

And be it further Resolved, That the Governor be, and he is hereby requred to request the Judges of the Supreme Court, and all other officers, civil and military, and the good people of this state, as a testimony of respect for the memory of their deceased fellow citizens, John Adams and Thomas Jefferson, and to wear crape on the left arm for the space of three months.

All of which resolutions were unanimously adopted.

In pursuance of the resolution providing that a joint committee be appointed to procure some fit and suitable person to pronounce an eulogy on the characters of Thomas Jefferson and John Adams, and to procure some minister of the gospel to address to the Throne of Grace a prayer suited to the occasion, Mr. President appointed a committee on the part of the Senate, to consist of Messrs. Barton, Gaines, and Casey. Ordered, That the Secretary inform the House of Representatives thereof.

An engrossed bill, to be entitled, an act to compel clerks and sheriffs in several counties in this state, to keep their offices at the court houses of certain counties therein named, was read the third time and passed. Ordered, That the titled of the bill be as aforesaid, and that it be sent to the House of Representatives for concurrence.

An engrossed bill, to be entitled an act to change the time of holding the county courts in Jefferson & Madison counties, was read the third time and passed. Ordered, That the title be as aforesaid, and that the bill be sent to the House for concurrence.

An engrossed bill, to be entitled, an act providing for the erection of a State Capitol, was read the third time & ordered to lie on the table till Tuesday next.

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

An act authorizing Sarah Bowie, administratrix of John Bowie, deceased, to sell and transfer certain real estate; and An act to incorporate a body of free masons at Claiborne, in Monroe


51

county, were severally read the third time and passed, Ordered, That they be returned to the House of Representatives.

A bill, to be entitled an act to compensate the commissioners appointed by the governor, for ascertaining and marking the boundary line between this state and Georgia.

An act to establish the permanent seat of justice in Walker county, and

Joint resolutions in relation to the boundary line between this state and Georgia, were severally read the second time, and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled an act for the relief of Daniel Ayres, was read the second time, and referred to the committee on accounts and claims.

A bill to be entitled an act to divide the 42d regiment of the militia of this state; and an act authorizing the administrator of William McAlister, deceased, to transfer a certain certificate therein named, were severally read the second time, and offered to a third reading to-morrow.

A bill to be entitled an act to divorce William Bryant from Rhodicy Bryant; and an act to divorce Olivia A. Taylor from John Taylor, were severally read the second time, and referred to the committee on divorce and alimony, to consider and report thereon.

A bill to be entitled an act to authorize the filed officers of Marion county to form a company of militia in Kennedy's settlement, was read the second time, and referred to the military committee.

A bill to be entitled an act to establish a certain road therein designared, was read the second time, and ordered to lie on the table.

Mr. Abercrombie offered the following resolution: Resolved, that the judiciary committee be instructed to inquire in to the expediency of extending the jurisdiction, civil and criminal, over that part of the Creek nation of Indians within the limits of this state, acquired under the treaty at the Indian Springs; which was adopted.

Mr. Barton offered the following resolution: Resolved, That the committee on propositions and grievance be instructed to inquire into the expediency of authorizing the auditing and settling the claims of Daniel Duval, deceased, late collector of taxes for Mobile county, against the state, on principles of justice and equity; which was adopted.

Mr. Powell offered the following resolution: Resolved, That the committee on roads, bridges and ferries be instructed to examine into the propriety of repealing the existing laws in relation to the apportionment of the hands to work on public roads, and require that duty to be performed by a board composed of a justice of the peace from each captains beat in the respective counties, to be selected by the Court of Commissioners of roads and revenue, and report by bill or otherwise; which was adopted.

On motion of Mr. Powell, Ordered, that Mr. Merriwether have leave of absence from the Senate during the remainder of this seek.

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