Saturday, 9th Dec. 1826.

The Senate met pursuant to adjournment.

Mr. Sullivan presented the petition of sundry persons of Bibb county, concerning the improvement of the navigation of the Cahawba river; which was read, and ordered to lie on the table.

Mr. Bagby, from the judiciary committee, to which was referred a bill to be entitled an act supplementary to the several acts heretofore passed in relation to the county court of the county of Mobile, reported the same without amendment. Ordered, that the bill be read the third time on Monday next.

Mr. Barton, from the select committee to which was referred a bill 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, reported the same as amended; which was concurred in. Ordered, that the bill be engrossed, and made the order of the day for a third reading on Monday next.

Mr. Bagby, from the judiciary committee, to which was referred a bill to be entitled an act to amend the laws now in force for the punishment of malicious mischief, reported the same as amended; which was concurred in.-

Ordered, that the bill be engrossed, and made the order of the day for a third reading on Monday next.

Mr. Sullivan called up the bill to be entitled an act to provide for the payment of petit jurors in certain counties therein named. Ordered, that it be read the second time on Monday next.

Engrossed joint resolutions requiring the Banks of Mobile and Tombeckbe to report their situation to the General Assembly, were read a third time and passed. Ordered, that they be sent to the House of Representatives for concurrence.

Engrossed joint resolutions instructing our Senators and Representatives in Congress on the subject of exchanging certain lands reserved for the use of schools in the state, were read the third time, amended by way of rider, and passed. Ordered, that the secretary acquaint the House of Representatives therewith.

A message from the House of Representatives by Mr. Tunstall:

Mr. President - The House of Representatives concur in the resolution of your hon. body, appointing a committee on your part to act with such committee as may be appointed on the part of the House of Representatives, to procure some fit and suitable person to pronounce an eulogy on the characters


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of John Adams and Thomas Jefferson, and to request some minister of the gospel to address to the throne of grace a prayer suited to the occasion - They have appointed on their part Messrs. McVay of Laud. Ross and Greening. They concur in the amendments made by your hon. body to the bill 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. They have read three times and passed, bills which originated in their House, entitled an act more effectually to secure the compensation allowed by law to jurors therein mentioned; an act to make an appropriation for digesting and revising the militia and patrol laws of this state, authorized by the General Assembly at their last session; an act to amend an act entitled an act concerning roads, highways, bridges and ferries in the county of Mobile; and joint resolutions proposing alterations in the constitution so as to have biennial instead of annual sessions of the legislature. In all of which they desire your concurrence.

A bill from the House of Representatives entitled an act to make an appropriation for digesting and revising the militia and patrol laws of this state, as authorized by the Gen. Assembly at their last session, was read the first time, Mr. Crabb moved that the rule requiring bills to be read on three several days be dispensed with, and that the bid receive its second reading forthwith; which was lost- yeas 13, nays 5- a majority of four fifths being necessary.

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

Mr. President Brown Gaines McCamy Sullivan
Abercombie Casey Irwin Miller  
Bagby Crabb Jones Skinner  

Those who voted in the negative are,

mr. Ashe Barton Clay Jackson Powell

So the motion was lost. Ordered, that the bill be made the order of the day for a second reading on Monday next.

The remainder of the bills and joint resolution mentioned in the above message were severally read the first time, and ordered to a second reading on Monday next.

Engrossed joint resolutions instructing our Senators and Representatives in Congress on the subject of authorizing a sale of the sections numbers sixteen, reserved for the use of schools in this state, were read the third time and passed. Ordered, that they be sent to the House of Representatives for concurrence.

A bill to be entitled an act to amend an act entitled an act to establish a permanent seat of justice in Jackson county, and for other purposes, was read the third time and passed. Ordered, that it be returned to the House of Representatives.

A bill to be entitled an act to divorce Olivia A. Taylor from John Taylor, was read the third time and passed unanimously. Ordered, that it be returned to the House of Representatives.

A message was received from the Governor, informing the Senate that he did, on the 8th inst. approve and sign an act to provide for an extra term of the circuit court in Mobile and Baldwin counties, which originated in the Senate.

A bill to be entitled an act to incorporate the Moulton Troop of Cavalry in Lawrence county, was read the third time as amended,


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and passed. Ordered, that the secretary acquaint the House of Representatives therewith.

Ordered, that the bill entitled an act to divorce William Bryant from Rhodicy Bryant, lie on the table.

A message was received from the House of Representatives by Mr. Tunstall their clerk, inviting the Senate to assembly in the Representative Hall, for the purpose of electing a Trustee of the University from the sixth judicial circuit. Whereupon the members of the Senate repaired to the Hall of the House of Representatives, and having taken their seats, Mr. President announced the object of the meeting: when the two Houses proceeded to elect Trustee of the University from the sixty judicial circuit, to supply the vacancy occasioned by the resignation of Dr. Clement Billingslea, Dixon H. Lewis and Nimrod E. Benson being in nomination- For Mr. Lewis 34 voted, Mr. Benson 42.

Those who voted for Mr. Lewis are

Mr. President, Abercrombie, Bagby, Barton, Clay, Gaines, Jackson (Reps.) Mr. Speaker, Bailey, Broadnax, Barclay, Crenshaw, Craig, Coe, Davis of Ja. Dubose, Edwards, Fluker, Heard, Harris, Lawler, McClung, Montgomery, Moore of mad. Mead, Neill, Perkins, Parham, Ross, Rhodes, Raney, Smith of La. Terry, Whitfield- 34.

Those who voted for Mr. Benson are

Messrs. Ashe, Brown, Casey, Crabb, Irwin, Jones, McCamy, Miller, Skinner, and Sullivan. (Rep's.) Messrs, Acklen, Ambrister, Bridges, Brown, Bell, Bradford, Brasher, Coopwood, Coleman, Davis of Fr. Dennis, Dupuy, Dale, Edmondson, Ellis, Exum, Greening, Johnson, Jones, moore of Jack. McVay of Laud. McVay of Law. Martin, Massey, Pickens, Perry, Powell, Smith of Hen. Sims, Williams, Weissenger, Walthall- 42.

Nimrod E. Benson having a majority of the whole number of votes, was declared by Mr. Speaker to be duly elected a Trustee of the University from the 6th judicial circuit. The election being conducted, the Senate withdrew, retired to their own chamber, and Mr. President resumed the chair.

And then the Senate adjourned till Monday morning at 10 o'clock.