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Wednesday, January 3d, 1827.

The Senate met pursuant to adjournment. Mr. Casey presented the report of the quarter master general, which was referred to the military committee.

On motion of Mr. Jackson, Ordered, That Mr. Vanhoose have leave of absences from the Senate for the remainder of the session. Mr. President laid before the Senate, the following communication from the Governor:

EXECUTIVE DEPARTMENT, Jan. 2, 1827.

The Hon. the President, and members of the Senate:

Gentlemen- I beg leave to request that you will be pleased to receive all communications from this department, by the hands of John G. Aikin, Esq. on account of the necessary absence of the secretary of state for a few days.

I have the honor to be, most respectfully, your obd't serv't

JOHN MURPHY

Mr. Miller introduced a bill to be entitled, an act to improve the navigation of Flint river, in Madison county: which was read the first time. The rule requiring bills to be read on three several days being dispensed with, it was read the second time, and referred to a select committee, consisting of messrs. Miller, Jackson and Casey, to consider said report thereon.

Mr. Abercrombie moved to reconsider the vote of the Senate, on ordering to be engrossed for a third reading to-day,

Resolutions selecting a site for the state capitol, which was lost.

Mr. Crabb called up the bill to be entitled, an act supplementary to the several acts, heretofore passed, granting to Abraham Stout and his associates the privilege of opening a turnpike road, commencing at or near John Gandy's in Morgan county to intersect the old Huntsville road at or near Elyton, in Jefferson county. The bill was then passed. Ordered, That the title be as aforesaid, and that it be reported to the House of Representatives for concurrence.

Mr. Casey called up the bill to be entitled, an act to incorporate the Alabama and Tennessee canal company. Ordered, That the bill be referred to a select committee; whereupon messrs. Casey, Jackson and Bagby, were appointed.

Mr. Casey also called up a bill, entitled, an act to amend an act to establish the bank of the state of Alabama, approved 20th Dec. 1823, and the report of the select committee, adverse to the passage of the bill.

The report of the select committee was disagreed to, and the bill recommitted to a select committee, consisting of messrs. Jackson, Casey and Bagby.

Mr. Bagby called up the bill to be entitled, an act to repeal an act therein named.

The bill was then read the third time and rejected- Yeas 10, Nays 10.

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

Mr. President Bagby Clay Jackson McCamy
Abercrombie Casey Gaines Irwin Shackleford, 10.

Those who voted in the negative are,

Ashe Crabb Merriwether Powell Sullivan
Brown Jones Miller Skinner Vanhoose- 10

So the bill was rejected.

Mr. Jackson, from the joint committee, appointed to select a site or sites for the state capitol, submitted the following report:

The joint committee appointed to examine and put in nomination two or more sites, of which one may be selected for a state capitol &c. have performed the duties assigned them in part, they have examined and do nominate five sites which they describe as follows, viz:


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Site No. 1, consisting of lots known in the plan of the town of Tuscaloosa, as Nos. 344, 345, 346, 347, 390, 391, 392, 393, each containing half an acre Nos. 345 and 346, are the property of the infant grand children of John Spencer, deceased. No. 344 belongs to Thomas M. Davenport; 347 to James Paul, which two latter numbers are worth about $440. No. 390 belongs to William Owen - may be bought for $150. No. 391, 392, 393, belongs to Morgan Buck, may be had for $300. This site includes the oak trees, and lies on Washington street.

Site No. 2., consisting of lots No. 348, 349, belonging to Wm. G. Parish may be had at a fair valuation. No. 350, to Samuel M. Meek; 351 to Thomas M. Davenport, which may be also had at a fair price. No. 386 and 387 belong to James H. Dearing, Nos 388, 389, belong to Edward Sims, which four last mentioned lots may be had at cost, said to be $275 each. The first four lots of this site, are a donation, on condition the state house be fixed in Tuscaloosa.

Site No. 3. consisting of four lots, each half an acre, and including adjoining streets, make an area of something more than five acres, known in the plan of said town, as market square- a good title to which will be made to the state as a donation, if it be selected as the site for the state house - and as an appendage, lots to the value of $4000 00 or $5000 00 will also be conveyed to the state.

Site No. 4, consisting of lots No. 143, belonging to the infant daughter of Samuel Meverick, Nos 144, and 145, belonging to James Childress; No. 146 to John McClaine: upon what terms these lots may be had, your committee are uninformed. This site is known as Childress' Hill, Site No. 5, consisting of lots known in the plan of Lower Tuscaloosa as lots No. 5, 6, 7, and a street orming an area of about five acres part of which site is the property of the heirs of George Cox, deceased, and the residue belongs to Charles Lewin, which site your committee are informed, may be had as a donation, if selected as a site for the state house; all of which your committee beg leave respectfully to submit." Ordered, That the report lie on the table.

Mr. Jackson, from the same committee, also submitted a plan agreed upon by the committee of the building; which was laid on the table.

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

Mr. President - The House of Representatives have passed a bill which originated in their House, entitled, an act appointing a mode in which the site for the state capitol shall be selected; in which they ask your concurrence.

The bill was read the first time, and ordered to a second reading to-morrow.

Mr. Powell, from the committee on enrolled bills, reported as correctly enrolled Joint Resolutions, explanatory of the 3d section of an act, entitled an act to fix the salary of the President of the bank of the state of Alabama, and for other purposes.

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

Mr. President - The house of representatives have passed bills which originated in the senate, entitled, an act to provide for the distribution of the public arms, among the different volunteer corps in this state: an act authorizing an extension of the lease taken by Seth Hunt, of the salt springs in the counties of Clarke and Monroe; and Resolutions appointing commissioners to report on the claims of the first purchasers of lots in Cahawba in 1819, to the next General Assembly, and for other purposes, have amended the same as herewith shewn. They have also passed bills, which originated in their house, entitled, "an act for the relief of James Millican: an act authorizing William Walker to manumit certain slaves therein named; an act to authorize


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Edward Sims and his associates, to open a turnpike road therein named: an act to amend an act, entitled an act for the relief of Wm. McDaniel, passed 3d Jan. 1825: an act to repeal an act entitled an act to fix the time for convening the General Assembly of the state of Alabama, passed Dec. 6th, 1821: an act authorizing David Leach to emancipate a slave therein named; an act to compensate Reuben Chapman for certain services therein mentioned: an act to authorize plaintiffs to discontinue their actions against one or more defendants, in all actions of assumpsit: an act for the relief of Charles A. Henry; an act to authorize the raising by lottery a sum of money for purposes therein specified; an act for the relief of the securities of John Archer, deceased: an act to incorporate the Pikeville Library Company: an act to define the boundary line between Shelby & Autauga counties: &an act reducing the price of the Digest of the laws of Alabama; in all of which they desire your concurrence. Ordered, That the Senate concur in the amendment made by the House of Representatives, to the resolutions appointing commissioners to report on the claims of the first purchasers of lots in Cahawba, in 1819, to the next General Assembly, and for other purposes. Ordered, That the Secretary acquaint the House of Representatives therewith.

Bills from the House of Representatives, entitled, an act for the relief of James Mullican: an act to authorize William Waller to manumit certain slaves therein named: an act to amend in part an act entitled an act for the relief of Wm. McDaniel, passed 3d January, 1825: an act to repeal an act entitled an act to fix the time for convening the General Assembly of the state of Alabama, passed Dec. 6th 1821; an act authorizing David Leach to emancipate a slave therein named; an act to compensate Reuben Chapman for certain services therein mentioned; an act to authorize plaintiffs to discontinue their actions against one or more defendants in all actions of assumpit: an act for the relief of Charles A. Henry; an act to authorize the raising by lottery a sum of money for purposes therein specified; an act for the relief of the securities of John Archer deceased; an act to incorporate the Pikeville library company; an act to define the boundary line between Shelby and Autauga counties; an act reducing the price of the digest of the laws of Alabama were severally read the first time, and ordered to a second reading to-morrow.

A bill from the House of Representatives, entitled an act to authorize Edward Sims and his associates to open a turnpike road therein named, was read the first time; and the rule requiring bills to be read on three several days being dispensed with, it was read the second time and referred to a select committee, consisting of Messrs. Brown, Powell and Ashe.

A message from the Governor by Mr. Aiken.

Mr. President - The Governor did on this day approve and sign, an act providing for the erection of a state Capitol: and a joint resolution explanatory of the third section of an act entitled an act, to fix the salary of the President of the Bank of the state of Alabama, and for other purposes; all of which originated in the Senate.

Ordered, that the engrossed resolutions selecting a site for the state Capitol, lie on the table.

An engrossed bill to be entitled an act, to authorize the Intendant and town council of Montgomery to hold their meetings in the court house of Montgomery county was read the third time and passed: Ordered, that the title of the bill be as aforesaid, and that it be reported to the House of Representatives for concurrence.

A bill to be entitled an act to regulate appointments by the county courts and for other purposes; and an act authorizing the transfer of certain lands


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therein mentioned, 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 Theophilus L. Toulmin, tax collector of Mobile county for the year 1822, was read the third time and passed. Ordered, that it be returned to the House of Representatives.

Engrossed resolutions relating to the militia laws of this state, were read the third time and passed. Ordered that they be reported to the House of Representatives for concurrence.

A bill to be entitled an act to alter the times of holding the county courts of the county of Tuskaloosa was read a third time, amended by way of rider and passed: Ordered that the Secretary acquaint the House of Representatives therewith. A bill to be entitled an act to divorce Mary Duckworth from her husband George Duckworth, was read the third time and passed by the requisite majority; Ordered, that it 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 read the third time and passed; Ordered, that the bill be returned to the House of Representatives.

A bill to be entitled an act to divorce Coleman Allen from Rebecca Allen was read the third time and laid on the table.

A bill to be entitled an act to make compensation to the commissioners to close the unsettled accounts between this state and Mississippi, and for other purposes, was ordered to lie on the table.

Mr. Jackson called up the bill to be entitled an act providing a fund for the payment of petit jurors. The bill was then read the third time and passed. Ordered, that the bill be as aforesaid, and that it be reported to the House of Representatives for concurrence.

Ordered, that the plan of the State House reported by the joint committee on that subject, be referred to a select committee, with instructions to report any alteration in the same they may think necessary, and to report such instructions to the commissioners appointed to contract for the building of said state house as they may deem proper: whereupon Messrs. Jackson, Powell and Brown were appointed the committee.

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