Thursday, January 3d, 1828.

The Senate met pursuant to adjournment.

Mr. McCamy presented the petition of William Barclay asking additional compensation for distributing the militia and patrol laws; which was referred to the committee on accounts and claims to consider and report thereon.

Mr. McCamy from the committee on propositions and grievances to which was referred the petition of sundry persons praying the passage of a law increasing the time for which stays are allowed on judgments rendered by Justices of the Peace reported, that it is inexpedient to grant the prayer of the petitioners; which was concurred in.

Mr. Casey from the committee on Boards, Bridges and Ferries, to which was referred a resolution instructing them to examine into the law


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providing for the opening of new Roads, and the mode pointed out for the apportionment of hands to work on such new Roads, and if considered necessary to report a bill more particularly defining the same, reported, a bill to be entitled, an act to amend an act entitled an act to reduce into one the several acts concerning Roads, Bridges, Ferries and Highways, approved Jan. 12th 1827; which was read and ordered to a second reading to-morrow.

Mr. Barton from the committee on the Judiciary to which was referred a bill to be entitled, an act to amend an act to prohibit the introduction of Slaves in this State for sale or hire, 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 to-morrow.

Mr. Barton from the same committee to which was referred a bill to be entitled, an act better to regulate Judicial proceedings reported the same with sundry amendments. Ordered, that the bill together with the amendments lie on the table till tomorrow.

Mr. Barton from the same committee to which was referred a bill to be entitled, an act regulating judicial proceedings, reported the same as amended; which was concurred in, the bill was then read the third time as amended and passed:-- Ordered, that the title of the bill be as aforesaid and that it be sent to the House of Representatives for concurrence.

Mr. Barton, from the same committee to which was referred a bill to be entitled an act to repeal in part an act passed the 12th January 1827 entitled an act to require additional services to be performed by the Judge of the first judicial circuit, reported that it is inexpedient in the opinion of the committee to pass the bill.

On motion of Mr. Casey Ordered, that the bill and report lie on the table till to-morrow.

Mr. Barton from the special committee to which was referred a bill to be entitled, an act to regulate the inspection of Tobacco in this State, reported the same with sundry amendments, which were concurred in: The bill was then read the third time as amended and passed: Ordered, that the Secretary acquaint the House of Representatives therewith.

Mr. Barton from the judiciary committee to which was referred a memorial to the Congress of the United States on the subject of the extension of the Federal judiciary system so as to admit the states received into the Union since the last extension thereof to a participation of its benefits reported a substitute for the memorial which was read Ordered, that the memorial and substitute lie on the table till tomorrow.

Mr. Irwin from the special committee to which was referred a bill to be entitled,  an act to change the time of holding the August term of the county court of Jefferson county; 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 to-morrow.

Mr. Jackson from the special committee to which was referred a bill to be entitled an act to make further compensation to John D. Terrell for services rendered in closing the unsettled accounts between this state and Mississippi reported the bill with its amendment to the Senate and asked to be discharged from the further consideration thereof.

Mr. Jackson, also submitted a detailed report of the services for which additional allowances are provided in the bill: Ordered that the bill and report lie on the table till to-morrow.

The following communication was received from the Governor by James I. Thornton, Esq.

To the Honorable the Senate and }

EXECUTIVE DEPARTMENT.

House of Representatives }

January 2nd, 1828.


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GENTLEMEN,

I feel it my duty to present to your consideration the instructions which have been given from the Treasury Department of the United states to the land offices in this state; Under these instructions no money is to be received in payment for the purchase of public lands, unless bills of the Bank of the United states- Bills of the specie paying banks of this state, or specie itself; and it is recommended to those who intend to become purchasers of public land, to provide themselves with specie or bills of the bank of the United States, as it is intimated that even the bills of the banks of this state may be refused at the offices without giving previous notice of intention to refuse them.

I may not be easy to perceive the good and public reason which induced these instructions, but it cannot escape observation what effects will be produced on several important interests, which it is the duty of this state, and also of the Government of the United states, to cherish and preserve- The practical consequence will be to drive from the land market as well the bills of the banks of this state, which are placed in an attitude so doubtful, as the bills of the banks of other states, which are expressly prohibited- both the one and the other must be productive or injurious consequences to this state as a body politic, and to its present population as the purchasers of public land. ~ It is highly desirable that good and industrious citizens of other states men of capital ~~ and men at least able to purchase a residence on which to raise and support numerous families, should be encouraged to settle among us, increase our strength and resources, and render more compact our present sparse population.

The instructions will prove inconvenient and injurious to them as it may be difficult to procure the funds recommended or if they can be procured it will be attended with loss in the exchange many persons from other states will not hear of these regulations until they arrive at the land sales and those who have previously secured the suitable funds will have an undue influence in the sales or be enabled to part with their funds at an exorbitant advance. This will also be the case with many of our own citizens notwithstanding publication of the instructions and they will be reduced to the necessity of purchasing at second hand from others or be obliged to part with a portion of the money with which they intended to purchase a home.

It may be well asked for what good reason should money be rejected in this state which the United states received as good elsewhere in the payment of all public dues and the more especially as there is a branch of the bank of the United states established among us through whose agency it might easily be transmitted to any place if it should not receive a ready circulation here and even if the bank shall sustain some slight inconvenience it is amply compensated by the patronage of the government and should not be permitted to countervail the rights and interests of the purchasers of public lands. These instructions will prove injurious to the people of this state who are frequently obliged to receive in part for their produce the money of other states such as Louisiana New-York, Georgia South-Carolina Virginia, &c. They will be subjected to an unknown per cent in order to make the exchange a burden, which ought not to be thrown upon them by the Treasury of the United states. The difficulty in making the exchange of funds may lead to any demand the most exorbitant for the accommodation of that exchange.

These instructions will prove injurious to all our monied institutions as they raise the implication that they are not good or if that influence should not be admitted the still greater injustice and absurdity that although they are good a preference shall be given to other money even at the peculiar theatre of their operations and that their dealings with the community shall be dishonored at their own doors. The instructions will make the impression abroad that our monied institutions are so uncertain that confidence may not be placed in them but from day to day.

They seem indeed to admit that no overt act of pecuniary treason has been committed but at the same time they seem to suspect the treasonable tendency of their character and deposition there are at present but two specie paying Banks in this state the one a private the other a public Bank the transactions of the first have always been considered safe and it occupies a situation which renders it easy to provide every means of security the public faith wealth and resources of the state are pledged to secure the latter in the safety and integrity of its operations. These accumulated pledges ought to be sufficient to give to the citizens of this state who holds its paper especially in the purchase of the public domain within their own limits the privilege of buying a few thousand acres without a refusal or the injurious and threatening implication that it may be found necessary to refuse even without the delicate forbearance of previous notice. It ought to be supposed that the credit of the state of Alabama was sufficient to secure any amount of money even the greatest that was ever received at any one land sale in this state and that there might be time between one land sale and another to give previous notice should the disastrous contingences arise against which the instructions seem to provide the instructions will prove injurious to the state because as far as the sale of public lands may extend, it places the paper of the state and local Banks on a footing infer or to the paper of the United States Bank or specie and has encourages an operation of money brokerage the entire gains of which pre-


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datory traffic the poor purchaser of public land exposed to sufficient trial from other causes will be obliged to pay. It is believed that these instructions will have a tendency to invite men of capitol and speculation into the land market under some circumstances of undue advantage will either have the opportunity of buying the land without fair competition or to speculate on the money of those who are under the necessity to buy.

The whole operation of the instructions altho' it is not believed that it was so intended by the Treasury Department of the United States gives an unreasonable advantage to the paper of the United States Bank subjects foreign purchasers who intend to become citizens of this State to great disadvantage oppresses the people of the state with an unknown amount of unnecessary exchange in procuring the bills or funds recommended gives new spring and incitement to money brokerage the profits of which are levied with worse than tributary exaction on the poorer classes of the community assails the operation of the state and local banks encourages speculation which cannot profit the Government and will be highly injurious to us and finally throws a shade of discredit on the most solemn and sacred pledges of the community in regard to the security of the state Bank paper. I beg leave therefore to recommend that an application be made to the Congress of the United States or to some proper authority of the General Government invested with power to regulate this matter to give such other instructions as may be safe to the United States and preserve more perfectly the rights and interests of this State.

I have the honor to be most respectfully your ob't serv't.

(signed)          JOHN MURPHY.

Ordered: that the communication be referred to the committee on the Judiciary to consider and report thereon.

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

An act, concerning the Estates of deceased persons- which was accordingly signed by the President.

Mr. McCamy offered the following Resolution: - Resolved, that the House of Representatives be informed that the Senate will be ready to adjourn sine die on Tuesday next the 8th instant, which was adopted.

Engrossed bills to be entitled, an act to repeal in part and amend an act entitled an act to incorporate the muscle shoals canal company and

An act, to revive and continue in force an act, entitled an act, to amend the charter of the Planters and Merchants Bank of Huntsville, were severally read the third time and passed. Ordered, that the titles of the bills be as aforesaid, and that they be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled, an act defining the powers of the county courts, was read the third time and passed: - Yeas 11, Nays 9.

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

Mr. President, Ash, Barton, Casey, Earle, Evans, Irwin, Jackson, Miller, Shackleford and Sullivan.

Those who voted in the negative are: messrs. Brown, Crabb, Jones, McCamy, Merriwether, Moore and Skinner.

Ordered, that the title of the bill be as aforesaid and that it be sent to the House of Representatives for concurrence.

A bill to be entitled, an act to amend an act to provide for the printing of the Laws and Journals and for other purposes passed 25th Dec. 1822, was read the second time and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled, an act to increase the capital of the Bank of the State of Alabama, was read the second time and ordered to lie on the table till to-morrow.

A message from the House of Representatives by Mr. Tunstall- Mr. President the House of Representatives concur in the amendments made by the Senate to the bill entitled, an act to apportion the Representatives among the several counties in this State, and divide the State into Senatorial Districts according to the late census, except the amendment made


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by adding thereto an additional section. In which latter amendment they disagree. They have passed a bill which originated in their House entitled, an act to authorize William Haynes to sell and convey a certain tract of land therein mentioned and for other purposes- In which they desire your concurrence. The concur in the amendment made by the Senate to the Joint Resolution proposing amendments to the constitution of the State of Alabama: They also concur in the amendments made by the Senate to the bill entitled, an act for the relief of Wm. Jones of Walker County. They also concur in the amendment made by the Senate to the bill entitled, an act for the relief of Caswell R. Clifton tax-collector of Madison County.

Ordered, that the Senate insist on their amendment to the bill entitled an act to apportion the Representatives among the several counties in this State and divide the State into Senatorial Districts, according to the late census by adding thereto an additional section: Ordered, that the Secretary acquaint the House of Representatives therewith.

A bill (from the H. of R.) entitled an act to authorize William Haynes to sell and convey a certain tract of land therein mentioned, was read the first time and ordered to a second reading to morrow.

A bill to be entitled an act to repeal an act therein mentioned, was read the second time and ordered to lie on the table till to-morrow.

Mr. Jones called up the bill to be entitled, an act to define the corporate limits of the Town of Sparta in Conecuh County, and for other purposes Ordered, that the bill be made the order of the day for a third reading to-morrow. And then the Senate adjourned till to-morrow morning at 10 o'clock.