Saturday, January 6, 1827.

The Senate met pursuant to adjournment.

Mr. Miller, from the select committee to which was referred a bill to be entitled an act to improve the navigation of Flint river in Madison county, reported the same as amended; which was concurred in. Ordered, that the bill be read the third time on Monday next.

A message from the Govern by Mr. Aikin.

Mr. President - The Governor did on the 4th inst. approve and sign, an act to provide for the distribution of the public arms among the different volunteer corps in this state; and on the 5th inst. an act authorizing an extension of the lease taken by Seth Hunt of the salt springs in the counties of Clarke and Monroe; both of which originated in the Senate.

Mr. Powell, from the joint committee on enrolled bills, reported as correctly enrolled, resolutions appointing commissioners to report on the claim of the first purchasers of lots in Cahawba in 1819 to the next General Assembly, and for other purposes; an act explanatory, of an act, entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31st, 1822; an act to prevent the Creek Indians from hunting and trapping within the settled limits of this state: all of which were accordingly signed by Mr. President.

Mr. Jackson, from the select committee to which was referred the plan of the state capitol, reported the following alterations: Reduce the size of the two chambers ten feet, so as to make the Representative chamber seventy feet by seventy feet, and the Senate chamber sixty feet by seventy feet; extend the galleries on the back part of each chamber fifteen feet wide, both in the first and second stories; put three fire places in each chamber, as marked on the plan in pencil mark; raise the second story so as to make the windows the same size of the windows in the first story. The committee further recommend, that the lower story be built until raised four feet above the ground of good dressed stone, or ranged work, and the balance of the building to be made of brick. The first story of the two chamber, and all the outside walls, three bricks thick, and the second story two and half bricks thick; and all the inner walls two bricks thick. The whole of the work to be executed in a neat, plain style, and in all its parts to be made substantial. The committee, from such estimate as they are enabled to make, feel assured the building, when finished, will not exceed the appropriation: Which report was concurred in, and the plan of the capitol as altered by the committee adopted by the Senate. Ordered, that the report and plan of the capitol be sent to the House for their concurrence.

Mr. Jackson, from the committee on the state bank, to which was re-


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ferred a resolution of the Senate instructing them to inquire into the propriety of passing a law imposing a tax on the stock owned by individuals in the branch bank of the United States recently established in Mobile, asked to be discharged from the further consideration thereof; which was granted.

Mr. Jackson, from the same committee, to which was referred a resolution instructing them to inquire into the expediency of passing a law authorizing the Banks of the State of Alabama and Tombeckbe to refuse to pay specie for their notes when runs are made on them by other institutions for speculative purposes, reported, that it is inexpedient to pass such a law; which was concurred in.

Mr. Jackson, from the same committee, to which was referred a resolution of the Senate instructing them to inquires the propriety of authorizing the receipt of 8 per cent on all loans to be made by the State and Tombecbe banks after the first day of January inst. reported the same as inexpedient; which was concurred in.

Mr. Jackson, from the same committee, to which was referred a resolution of the Senate instructing them in inquire as to the expediency of establishing a branch of the State Bank at the present session, at what point it would be most for the interest of the institution to locate such branch; and what alterations, if any, are necessary to be made in the charter of the said bank to assure the safety of the public funds composing its capital, and the profitable employment of the same, reported, that it is inexpedient to legislate on the subjects embraced in the resolution at the present session; which was concurred in.

Mr. Jackson, from the same committee, to which was referred the communication from the Governor of the 12th of December, recommending a subscription by the state of stock in the Bank of Mobile to the amount of one hundred thousand dollars, reported, that it is expedient to make the subscription; which was concurred in.

Mr. Jackson, from the same committee, to which was referred a resolution of the Senate instructing them to inquire into the expediency of appointing some suitable person in the town of Huntsville as the agent of the State Bank, to receive the discounts, curtailments, &c., which accrue in Madison and Jackson counties, reported, that it is inexpedient to make such an appointment; which was concurred in.

Mr. Casey, from the committee on roads, bridges and ferries, to which was referred the bill entitled an act to reduce into one the several acts concerning roads, bridges, ferries and highways, reported the same as amended; which was concurred in. The bill was then read the third time, and ordered to lie on the table till Monday next.

Mr. Jackson, from the select committee to which was referred a bill to be entitled an act to amend the charter of the Bank of the State of Alabama, reported the same as amended; which was concurred in.- Ordered, that the bill be read the third time on Monday next.

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

Mr. President- The House of Representatives have read three times and passed, bills which originated in their House, entitled an act to authorize in the county of Tuscaloosa: an act more effectually to protect sheriffs and constables in the discharge of their duties; an act for the relief of Daniel Coleman; an act to incorporate the Rocky Mount aca-


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demy in Autauga county; an act to authorize John Snoddy to emancipate a certain negro slave; an act authorizing parties litigant to take the depositions of witnesses residing within this state in certain cases; an act to authorize the judge of the county court and commissioners of roads and revenue of the county of Shelby to alter a certain road therein named; an act further to relieve insolvent debtors, and the better to secure the rights of creditors; and, an act amendatory to the laws now in force relative to attachments; in which they desire your concurrence. They have also passed a bill which originated in the Senate, entitled an act for the relief of the legal representatives of Daniel Duval. They concur in the amendments made by your honorable body to the bill entitled an act to alter the times of holding the court, courts of the counties of Tuscaloosa, Lawrence and Limestone, and have amended your amendment to the said bill in the manner herewith shewn: in which they ask your concurrence.

Ordered, that the Senate concur in the amendment made by the House of Representatives to their amendment to the above mentioned bill. Ordered, that the secretary acquaint the House of Representatives therewith.

A bill from the House of Representatives entitled an act to authorize John Snoddy to emancipate a negro slave, was read the first time, and ordered to lie on the table.

The remainder of the bills mentioned in the foregoing message from the House of Representatives, were severally read the first time in the Senate, and ordered to a second reading on Monday next.

Mr. Abercrombie, from the select committee to which was referred a bill to be entitled an act to repeal in part an act entitled an act to appoint commissioners to lay out two roads leading from the ford on Line creek, the one to Coffeeville, the other to Tuscaloosa, passed Dec. 31st, 1822, reported the same without amendment. Ordered, that the bill lie on the table till Monday next.

Mr. Powell called up the bill to be entitled an at to compensate the commissioners to close the unsettled accounts between this state and Mississippi. The bill was then read the third time and passed. Ordered, that it be returned to the House of Representatives.

A bill to be entitled an act to amend an act to establish the Bank of the State of Alabama, approved Dec. 20th, 1823, was read the third time as amended. Mr. Gaines moved to fill the blank in the bill where it relates to the salary of the clerk of the bank with eight hundred dollars; which was carried. The question was then put, shall the bill pass? and determined in the affirmative- yeas 9, nays 8.

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

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

Engrossed resolutions instructing our Senators and requesting our Representatives in Congress to use their endeavors to procure an equal extension of the national judiciary system to the western and southwestern states of the union, were read the third time and passed. Ordered, that they be reported to the House of Representatives for concurence.


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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, were read the third time, and on the question, shall the resolution pass? it was determined in the negative - yeas 8, nays 10.

The yeas and nays being desired, those who voted in the affirmative are, Messrs, Ashe, Brown, Clay, McCamy, Merriwether, Powell, skinner and Shackleford. Those who voted in the negative are, Mr. President, Abercrombie, Casey, Crabb, Gaines, Jackson, Irwin, Jones, Miller and Sullivan.

Bills entitled an act making appropriations for the year 1827; and, an act amendatory to an act, passed on the 14th of January, 1826, entitled an act to authorize William H. Ragsdale and his associates to turnpike a road therein specified, were severally read the third time and passed. Ordered, that they be returned to the House of Representatives.

Ordered, that the bill to be entitled an act to authorize the school commissioners of the 17th township, range 13, to lease the 16th section in said township, lie on the table.

Bills to be entitled an act to establish a road from Montevallo to Greensborough; an act to vest in the county court of Covington county the powers heretofore exercised by the commissioners of said county, an act to exempt the members of the book and ladder company in the city of Mobile from militia and patrol duty, and for other purposes; an act for the relief of defendants in certain cases; an act amendatory of the laws now in force on the subject of bail in civil cases; an act to incorporate the town of Pikeville; an act to repeal an act incorporating the town of Rodney in Washington county; and, an act providing for the compensation of B. B. Breeden, were severally read the second time, and ordered to a third reading on Monday next.

A bill to be entitled an act to require additional services to be performed by the judge of the first judicial circuit in this state, was read the second time, and ordered to lie on the table.

The Senate resumed the consideration of the bill entitled an act to locate the university of Alabama. Mr. Shackleford moved that the bill lie on the table till Monday next; which was lost- yeas 8, nays 10.

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

The question was then put, shall the bill be read the third time on Monday next? and determined in the affirmative- yeas 10, nays 8.

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

So the bill was ordered to a third reading on Monday next.

Mr. Crabb, from the military committee, to which was referred the communication of his Excellency the Governor in relation to the trial of contested election of Brigadiers General, reported, that it is inexpedient to change the mode of detailing courts martial for that purpose


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but would respectfully suggest the propriety of calling to an account the delinquent officer alluded to in said message; which was concurred in.

A bill to be entitled, an act to authorize James McDavid to emancipate certain slaves therein named, was read the second time and ordered to lie on the table. A bill to be entitled, an act to authorize executions and attachments to be levied on growing crops in certain cases was read the second time, and amended on Mr. McCamy's motion.

Mr. Crabb moved, that the further consideration of the bill be postponed till the 3d Monday in November next; which was carried. Yeas 9- Nays 7.

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

Mr. President Casey Gaines Jones Sullivan- 9
Brown Crabb Jackson Merriwether  

Those who voted in the negative are,

mr. Ashe Miller Powell Shackleford Skinner- 7
Irwin McCamy      

Mr. Shackleford introduced a joint resolution, authorizing the governor to offer the university lands in Shelby and Bibb counties for sale on the 3d Monday in February next, which was read. The rule requiring joint resolutions to be read on three several days being dispensed with, it was read the second and third time forthwith, and passed. Yeas 10- nays 5.

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

mr. Ashe Casey McCamy Powell Skinner
Brown Crabb Miller Shackleford Sullivan - 10

Those who voted in the negative are,

mr. President Gaines Jackson Jones Merriwether- 5.

Ordered, That the resolution be reported to the House of Representatives for concurrence.

Mr. Jackson asked, and obtained leave of absence for mr. Clay from the Senate for the remainder of the session. And then the senate adjourned till Monday morning at 10 o'clock.