Thursday, January 4, 1827.

The Senate met pursuant to adjournment.

Mr. Powell from the joint committee on enrolled bills, reported as correctly enrolled, 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 Clarke and Monroe counties; an act to regulate the fees of certain offices in Baldwin county; an act supplementary to an act for the government of the port and harbor of Mobile; all of which were accordingly signed by Mr. President.

Mr. Brown, from the select committee to which was referred a bill to be entitled an act to authorize Edward Sims and his associates to turnpike a road therein named, reported the same as amended; which was concurred in. Ordered, that the bill be read the third time to-morrow.

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


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Mr. President- The House of Representatives have passed a bill which originated in your House, entitled an act to prevent the Creek Indians from hunting and trapping on lands within the settled limits of this state, and have amended the same in the manner herewith shewn: in which they desire your concurrence. They have also passed bills which originated in their House, entitled an act to reduce into one the several acts concerning roads, bridges and highways; and an act to locate the University of Alabama. They have also passed the following memorials to the Congress of the United States: Memorial to the Congress of the United States requesting further relief to the purchasers of public lands; and a memorial to the Congress of the United States on the subject of a donation to the trustees of LaFayette academy in the village of LaGrange. They have also passed resolutions instructing our Senators and requesting our Representatives in the Congress of the United States to endeavor to procure the passage of a law establishing a land office at Bellefonte, in Ordered, that the Senate disagree to the amendment made by the House of Representatives to the bill entitled an act to prevent the Creek Indians from hunting and trapping on lands within the settled limits of this state, by striking out the word ' Creek' so as to make the bill apply to all Indians. The second amendment made by the House to the bill was amended, and then agreed to as amended. Ordered that the House be informed thereof.

Resolutions instructing our Senators and requesting our Representatives in the Congress of the United States to endeavor to procure the passage of a law establishing a land office at Bellefonte, in Jackson county, was read, and ordered to a second reading to-morrow.

Memorial to the Congress of the United States on the subject of a donation to the trustees of La Fayette academy in the village of La Grange, was read the first time and ordered to a second reading to-morrow.

Memorial to the Congress of the United States requesting further relief to the purchasers of public lands, was read the first time, and ordered to lie on the table.

A bill to be entitled an act to locate the University of Alabama was read the first time, and ordered to a second reading to-morrow.

A message from the Governor by Mr. Aiken:

EXECUTIVE DEPARTMENT, Jan. 3d, 1827

The Hon. the President and members of the Senate:

Gentlemen- I have the honor to inform you of the resignation of Col. Matthew D. Thomason, quarter master general of this state. I also transmit you a resolution of the commonwealth of Kentucky, disapproving of the resolutions of the state of Georgia respecting the ingress or egress of persons of color into any state contrary to the laws of such state.

I have the honor to be, most respectfully, your obedient servant,

JOHN MURPHY

Ordered, that the message and documents lie on the table.

A message from the House of Representatives by Mr.Vandyke


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Mr. President, the House of Representatives have adopted the following resolution: Resolved that the Senate be invited to assemble in the Representative Hall at 7 o'clock this afternoon, for the purpose of electing a judge of the County Court for Wilcox county, in which they desire your concurrence; Mr. Crabb moved to amend the resolution by adding the words "and Quarter Master General;" which was carried- the resolution as amended was concurred in. Ordered that the House be informed thereof.

A bill to be entitled an act to reduce into one, the several acts concerning roads, bridges, ferries, and highways, was read, and the rule requiring bills to be read on three several days being dispensed with, it was read the second time and referred to the committee on roads, bridges and ferries, to consider and report thereon.

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, making appropriations for the year 1827, in which they desire your concurrence.

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

Mr. Sullivan called up the bill to be entitled an act, to divorce Coleman Allen from his wife Rebecca Allen, the bill was then read the third time and passed by the requisite majority. Ordered, that it be returned to the House of Representatives.

Mr. Jackson called up the bill to be entitled an act, to provide for the support and better regulation of common schools. The bill was then read the third time. Mr. Jones offered, the following amendment to the bill by way of rider. Provided, that nothing contained in this act, shall be construed as to prevent the tax levied by the second section of this act from being so applied to county purposes so far as it relates to the counties of Conecuh and Montgomery:" Mr. Irwin moved to amend the amendment by inserting "Henry, Pike, Covington, and Dale;" which was rejected- Yeas 3, Nays, 17.

The yeas and nays being desired, those who voted in the affirmative are, Messrs. Abercrombie, Irwin, and Jones.

Those who voted in the negative are, Mr. President, Ashe, Bagby, Brown, Casey, Clay, Crabb, Gaines, Jackson, McCamey, Meriwether, Miller, Powell, Skinner, Shackleford, Sullivan and Vanhoose - 17.

The question was then put on the adoption of the amendment offered by Mr. Jones, & determined in the negative. The bill was then passed - yeas 16, nays 4.

The yeas and Nays being desired on the passage of the bill; those who voted in the affirmative are, Mr. President, Ashe, Bagby, Brown, Casey, Clay, Crabb, Gaines, Jackson, McCamey, Meriwether, Miller, Powell, Skinner, Sullivan, and Vanhoose, 16.

Those who voted in the negative are, Messrs. Abercrombie, Irwin, Jones and Shackleford-4.

So the bill was passed. Ordered, that the title be as aforesaid, and that it be reported to the House of Representatives for concurrence.

An engrossed bill to be entitled an act, authorising the transfer of certain lands therein mentioned, 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.

An engrossed bill to be entitled an act to regulate appointments by the Judges of the County Courts, and for other purposes was read the third time. Mr. Bagby moved that the further consideration of the bill to be indefinately postponed; which was carried - Yeas 12, Nays 7.

The yeas and nays being desired those who voted in the affirmative are Mr. President, Abercrombie, Bagby, Brown, Casey, Gaines, Jones, McCamey, Meriwether, Powell, Shackleford, and Sullivan. Those who voted in the negative are, Messrs. Ashe, Clay, Jackson, Irwin, Miller, Skinner, and Vanhoose.


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And then the Senate adjourned till 3 o'clock this evening.

Three o'clock P. M. - The Senate met

A bill to be entitled an act to extend the civil and criminal jurisdiction of this State over so much of the Creek Nation as was ceded under the treaty of the Indian Springs of 1825 within the chartered limits of the State of Alabama, was read the third time and passed - Yeas 11, Nays 8.

The yeas and nays being desired those who voted in the affirmative, are Messrs. Abercrombie, Ashe, Brown, Casey, Clay, Irwin, McCamey, Miller, Shackleford, Skinner, and Sullivan. Those who voted in the negative are, Mr. President, Bagby, Gaines, Jackson, Jones, Meriwether, Powell and Vanhoose.

So the bill was passed. Ordered that it be returned to the House of Representatives.

A bill to be entitled an act, to authorize plaintiffs to discontinue their actions against one or more defendants in all actions of assumsit, was read the second time, and ordered to lie on the table.

Bills of the following titles to wit, an act to authorize William Waller, to manumit certain slaves; an act to amend in part an act, entitled an act, for the relief of Wm. McDaniel passed 3d January 1825: an act to authorize David Leach, to emancipate a certain slave therein named; an act to compensate Reuben Chapman for certain services therein mentioned; 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 the counties of Shelby and Autauga; an act reducing the price of the digest of the Laws of Alabama; and an act to repeal an act entitled an act, to fix the time for convening the General Assembly of the State of Alabama, passed December 6th, 1821, were severally read the second time, and ordered to a third reading to-morrow.

A bill to be entitled an act appointing a mode in which the site for the state capitol shall be selected, was read the second time, amended on Mr. Shackleford's motion, and ordered to a third reading to-morrow.

A bill to be entitled an act for the relief of James Millican, was read the second time. Mr. Jackson moved that the bill lie on the table till the first day of June next, which was carried.

A message from the House of Representatives by Mr. Stewart

Mr. President - The House of Representatives concur in the amendment made by the Senate to the resolution proposing to elect a Judge of the County Court of Wilcox county this evening at 7 o'clock.

Mr. Powell, from the committee on enrolled bills, reported as correctly enrolled, an act to incorporate the Cahawba navigation company; an act directing in what manner and in what courts suits may be brought against the state of Alabama; an act to alter the mode of appointing assessors and tax collectors and for other purposes; an act supplementary to an act to establish a state university: all of which were accordingly signed by Mr. President.

Mr. Gaines called up the bill to be entitled an act to authorize Willey Harris to emancipate certain slaves therein named. Ordered, that the bill be engrossed for a third reading to morrow.

Mr. Casey moved to reconsider the vote of the Senate on ordering to a third reading to-morrow the bill entitled an act appointing a mode in which the site for the state capitol shall be selected, which was lost.

And then the Senate adjourned till 7 o'clock this evening.

Seven o'clock. The Senate met pursuant to adjournment.

Mr. Crabb offered the following resolution: Resolved, that the citi-


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zens of Tuscaloosa town and county be permitted to use the Senate chamber and Senate committee room, under the superintendence of the door keeper, on Wednesday evening next, in celebration of the memorable victory at New Orleans on the 8th of January, 1815; which was adopted.

A message was received from the House of Representatives by Mr. Tunstall, inviting the Senate to assemble in the Representative Hall for the purpose of electing a Judge of the County Court of Wilcox county, in place of Edwin L. Harris, removed, and a Quarter Master General to supply the vacancy occasioned by the resignation of Matthew D. Thomason. Whereupon the members of the Senate repaired to the Hall of the House of Representatives, and having taken their seats, Mr.President arose and announced the object of the meeting- When the two houses proceeded to elect a Judge of the County Court of Wilcox county: James C. Irwin and Benjamin W. Williamson in nomination- For Mr. Irwin 47 votes, Mr. Williamson, 24.

Those who voted for Mr. Irwin are (Senate) Messrs. Ashe, Crabb, Irwin, Meriwether, Miller, Skinner (Representatives) Mr. Speaker, Acklen, Benson, Bridges, Brown, Broadnax, Bell, Bradford, Brasher, Barclay, Craig, Coopwood, Davis of Fr. Dale, Dupuy, Duke, Edmondson, Ellis, Exum, Fluker, Greening, Heard, Johnson, Jones, Lawler, Moore of mad. Moore of Jack. McVay of Laud. McVay of Law. Martin, Massey, Perkins, Pickens, Powell, Rhodes, Smith of Hen. Smith of mad. Williams, Weissinger, Walthall, Whitfield- 47.

Those who voted for Mr. Williamson are, (Senate) Mr. President, Abercrombie, Bagby, Brown, Clay, Gaines, Jackson, Jones, McCamy, Shackleford, Sullivan; (Representatives) Mr. Crenshaw, Coe, Dennis, Dubose, Harris, Lewis, McClung, Neill, Raney, Smith of Laud. Sims, Terry.

Mr. Speaker, therefore declared James C. Irwin to be duly elected Judge of the County Court of Wilcox county, he having received a majority of the votes given.

The two Houses then proceeded to the election of a Quarter Master General. Messrs. Blake Jones, Burrell Traywick, Dugald McFarlane, William B. Bullafin, Charles Lewin and Charles Moorman, being in nomination.

For Mr. Jones 27 votes- for Mr. Traywick 12- for Mr. McFarlane 6- for Mr. Lewin 28- for Mr. Bullafin 1- for Mr. Moorman 1.

Those who voted for mr. Jones are (Senate) mr. President, Brown, Clay, Irwin, Miller, Shackleford, Skinner; (Representatives) mr. Acklen, Brown, Bradford, Brasher, Craig, Coopwood, Davis of Fr. Dennis, Dupuy, Edmonson, Jones, Moore of mad. McVay of Laud. Martin, Perkins, Pickens, Parham, Ross, Roberts, Smith of mad. - 27.

Those who voted for mr. Traywick are, (Representatives) Mr. Speaker, Bridges, Barclay, Dubose, Duke, Fluker, Greening, Lawler, Moore of Jack. Terry, Weissinger, Whitfield - 12.

Those who voted for mr. McFarlane are (Senate) Messrs Bagby, Crabb, Jones, (Representatives) mr. Benson, Harris, Williams- 6.

Mr. Ellis voted for Mr. Mooreman.

Those who voted for mr. Lewin are (Senate) Messrs. Abercrombie, Ashe, Casey, Gaines, Jackson, McCamey, Merriwether, Sullivan, (Representatives) Mr. Broadnax, Bell, Crenshaw, Coe, Dale, Edwards, Exum, Heard, Johnson, Lewis, McClung, McVay of Law. Massey, Neill, Powell, Rhodes, Raney, Smith of La Sims, Walthall- 28.

Mr. Smith of Hen. voted for mr. Bullafin.

No one of the candidates having received a majority of the votes given, Mr. Speaker declared that no election had been made, and the two Houses then proceeded to vote a second time, for a Quarter Master General. The names of Messrs. Moorman, Bullafin and McFarlane being withdrawn. Messrs. Lewin, Jones and


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Traywick only remaining in nomination.- For Mr. Lewin 37- Mr. Jones 30 -Mr. Traywick 8.

Those who voted for Mr. Lewin are (Senate) Messrs. Abercrombie, Ashe, Bagby, Casey, Clay, Gaines, Jackson, McCamy, Meriwether, Sullivan (Representatives) Mr. Benson, Broadnax, Bell, Crenshaw, Coe, Dale, Edwards, Exum, Heard, Harris, Johnson, Lawler, Lewis, McClung, Moore of Ja. McVay of Law., Massey, Neill, Powell, Rhodes, Raney, Roberts, Smith of Hen. Smith of Laud. Sims, Terry, Walthall- 37.

Those who voted for Mr. Jones are, (Senate) Mr. President, Brown, Crabb, Irwin, Jones, Miller, Shackleford, Skinner, (Representatives) Mr. Acklen, Brown, Bradford, Brasher, Craig, Coopwood, Davis of Fr. Dennis, Dupuy, Duke, Edmondson, Jones, Moore of mad. McVay of Laud. Martin, Perkins, Pickens, Parham, Ross, Smith of mad. Williams, Weissenger, 30

Those who voted for Mr. Traywick are, (Representatives) Mr. Speaker, Bridges, Barclay, Dubose, Ellis, Fluker, Greening, Whitfield- 8

No one candidate having received a majority of the votes given, Mr. Speaker declared that there was no election made; and therefore the two houses proceeded to vote a third time for a quarter master general - The name of Mr. Traywick was then withdrawn, messrs. Lewin and Jones only being in nomination - For Mr. Lewin 42 votes; Mr. Jones 32.

Those who voted for Mr. Lewin, are- (Senate) messrs. Abercromie, Ashe, Casey, Clay, Gaines, Jackson, McCamy, Merriwether, Sullivan (Representatives), Mr. Speaker, Benson, Broadnax, Bell, Barclay, Crenshaw, Coe, Dale, Dubsose, Edwards, Exum, Fluker, Heard, Harris, Johnson, Lawler, Lewis, McClung, Moore of Jack. McVay of Law. Massey, Neill, Powell, Rhodes, Raney, Roberts, Smith of Hen. Smith of Laud. Smith of Mad. Sims, Terry, Weissinger and Walthall- 42.

Those who voted for mr Jones are- (Senate)- Mr. President, Brown, Crabb, Irwin, Jones, Miller, Shackleford, Skinner; (Repres's.) messrs. Acklen, Bridges, Brown, Bradford, Brasher, Craig, Coopwood, Davis of Frank Dennis, Dupuy, Duke, Edmondson, Ellis, Greening, Jones, Moore of mad. McVay of Laud. Martin, Perkins, Pickens, Parham, Ross, Williams, Whitfield- 32.

Charles Lewin, sen. having received a majority of all the votes given, he was declared to be duly elected quarter master general for this state, for the time prescribed by the laws of this state, to fill the vacancy occasioned by the resignation of Matthew D. Thomason.

The elections being completed, the Senate withdrew, returned to their own chamber, and Mr. President resumed the chair.

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