Wednesday, November 19.

The House met pursuant to adjournment.

Mr. Martin presented the petition of James Slaughter, praying for certain allowances to be made to him as tax collector for Limestone, which was read and referred to a select committee, consisting of Messrs. Martin, Whitaker and King.

Mr. Phillips, agreeably to the notice he gave yesterday, introduced a bill, to be entitled "an act respecting bail in civil cases," which was read a first time, and ordered to be read a second time to-morrow.


Mr. King presented the petition of Wm. E. Dupree, praying the emancipation of a slave named Billy.

Mr. Fleming presented the petition of Jacob Johnson, praying the emancipation of a certain negro man slave, named John Taylor; which petitions were severally read, and referred to a select committee, consisting of Messrs. King, Smith, Vining, and Fleming.

Mr. Fields presented the petition of Anthony Presler, praying that a law may pass, altering the name of Matilda Shuffel, his natural child, to that of Matilda Presler, and to legitimate the said Matilda Presler; which was read and referred to a select committee, consisting of Messrs. Fields, Oliver, and Salter.

On motion of Mr. Fitts, Resolved, That a select committee be appointed to enquire into the expediency of establishing a medical board, for the purpose of examining into the qualifications of persons, wishing to practice in this State; whereupon, Messrs. Fitts, Phillips, Goodhue, Manly and Oliver, were appointed said committee.

Mr. Crenshaw presented the proceedings of Butler Circuit Court, exercising Chancery Jurisdiction in the case of Mary H. Judge, against her husband William judge, praying for a divorce.

Mr. Goodhue presented the proceedings of Morgan Circuit Court, exercising Chancery Jurisdiction in the case of Sarah Ann Newman, against her husband Francis Newman, for a divorce.

Mr. Speaker laid before the House the proceedings of Montgomery Circuit Court, exercising Chancery Jurisdiction, in the case of Ambrose Daniel, against his wife Mary Daniel, for a divorce; which were severally referred to the committee of Divorce and Alimony.

Mr. Phillips gave notice, that on to-morrow, he would move to amend the 38th rule for the government of the proceedings of this House.

On motion of Mr. Perkins, Resolved, That a committee be appointed to inquire into the expediency of reducing the salaries and fees of the different public officer and functionaries of the sate, in proportion to the scarcity of money, and consequent greater value, where the interest of the state will justify it-- with leave to report by bill or otherwise; whereupon Messrs. Perkins, Jackson, Hill of Bibb, Beck and Crenshaw, were appointed said committee.

On motion of Mr. Young, Resolved, That the committee on road, bridges, ferries, &c. be instructed to inquire into the expediency of altering and amending the road laws.

Mr. Manly offered the following resolution: Resolved, That the be a select committee of five members appointed to draft and bring in a bill dividing the state into district, for the purpose of electing electors of President and Vice-President of the United States.

Mr. Oliver moved to amend said resolution by striking out all after the word "Resolved." and inserting in lieu thereof the following; "That a select committee be appointed to inquire into the most expedient manner of appointed electors of President and Vice-President of the United States, and that they report by bill or otherwise," which amendment was adopted, The resolution as amended was then adopted: whereupon Messrs. Manly, Oliver, Crenshaw, Perkins, Gate, Fitts and Miller, were appointed said committee.


On motion of Mr. Hallett, Resolved, That the door keeper be authorized to contract for the supply of fuel and candles for this House during the present session.

On motion of Mr. Young, Resolved, That the judiciary committee be instructed to inquire into the expediency of introducing a bill allowing appeals in criminal cases.

On motion of Mr. Martin, Resolved, That a committee of five members be appointed to inquire into the expediency of so altering the Constitution, as to have biennial instead of annual sessions of the Legislature; whereupon Messrs. Martin, Philpott, Jones, Creagh and Jackson, were appointed said committee.

On motion of Mr. Young, Resolved, That the committee of privileges and elections be instructed to inquire into the expediency of altering the existing laws and regulating voting in elections by the people; and that they report by bill or otherwise.

A communication in writing was then received from his Excellency the Governor, by Mr. J. J. Pleasants, Secretary of State who delivered in the same at the speaker's table, and then withdrew.

The said communication was then read, as follows:


November 19th, 1823.

Gentlemen of the Senate, and House of Representatives,

From a view of the several subjects requiring immediate legislative attention, together with such others as may present their claims for share of your consideration; the present session will appear to be one or more than ordinary importance to the public. Among those questions most deeply affecting the permanent interests of the State, may be considered such as relate to the founding of its public institutions. Some of these will require for their correct determination, the most disinterested exercise of your judgment and understanding. You have already obtained from your fellow citizens, the best testimony of their full confidence, that all these interests will receive from you, a dispassionate attention, proportionate to their magnitude.

The State University with all incidental questions relating to its organization, its funds and its location, will be viewed by all as most interesting topics, and will not be agitated as matters of passing occurrence, but of general and lasting consequence.

By the act of 1821, the location was confided to a Legislative vote, to be determined at the same session, when the report of suitable sites should be made by the Trustees. The act of last session has divided the female department of the institution into three branches to be located at the same time with the principal site. I submit whether in the passing of such act as may be deemed necessary for extending the power of location, to the present or any subsequent session, it may not at the same time be expedient to postpone to a still more remote period, the location of the female branches; leaving each one to be selected on its own merits simply, and without the complicated consideration of the others. although female education has ever been one of my favorite objects, and particularly so as connected with the proposed establishment; neither the state of the funds, nor the immature condition of our settlements require not justify the precipitate organization of these branches. Indeed, the melancholy experience we have had in many portions of our coun-


try, may well justify the enquiry, whether the health of any place has been sufficiently tested, to warrant a preference in its favour as a site for the main branch of the institution; to which all concur in believing the first application of the resources should be made.

The Board of Trustees will hold their next session at this place, on the second Monday of December; when the report of their transactions, and of such views as they may deem applicable to their trust, will be presented to you.

By an act of the last session, daily pay and mileage was allowed to the Trustees while on duty. Indemnity of expense was only an act of justice to them, and indispensably necessary to ensure a prompt attention to the trust. It is however due to the members of that body to remark, that this indemnity in the form of compensation was not solicited on their part; nor so far as their present ideas are not know to me, is it now preferred by them. Although the present compensation may not much exceed actual and necessary expense; yet a fair respect for the opinion of the public, which strongly favour an economizing policy in the government of such an institution, may justify if not require a change in the term of remuneration to those who superintend its concerns.

Our circulating medium, and the institutions therewith connected, form a most difficult and important subject for Legislative contemplation. The wholesome condition of these, like the vital circulation, is essentially promotive of that activity and order, with which the body politic is enabled to perform its useful functions. This again depends so much on that individual economy which regulates the great bulk of the dealings and industry of the country, that the means of affecting if favourably by acts of Legislation, are too often misapplied. This individual economy taken in the aggregate, regulates the balance of trade between our own, and other countries. While this balance is suffered to continue against us, with the consequent drain of that portion of our medium which will bear transmission abroad; it is obvious that the remaining portion cannot long maintain both a plentiful, and a creditable circulation; nor can any multiplication of it by means of banks, evade the certainty of the pressure. A very slight view of our peculiar situation will be sufficint to shew that for some years hence the account current of our exchanges will exhibit large items against us, independently of the ordinary articles, composing the list of foreign consumption. This peculiarity applies to use in common with those States only, that are indebted to the General Government for their lands. These debts must not only be paid in cash, but in such kind as will answer the expenditures of the United States; few of which are applied within our State limits, or even within the sphere of our circulation: Operating not merely as a drain on the currency but of that portion of it which may be considered as the basis of the rest. The amount of this debt payable within a little more than five years, (to which the longest credit is extended,) may be estimated at five millions of dollars. Supposing that the amount applied to original purchases may equal the increase of capital by emigration; the annual debit against us for the period mentioned, may be computed at one million of dollars, or about one half of the annual export of cotton from the State. The other half of this export with the small amount of other pro-



ductions exported is left to balance against the articles of consumption introduced from all directions. In this general settlement of accounts, it is greatly feared that we will be found much in arrear, and that this to a material extent is the cause of our pecuniary difficulties. In this respect the operations of our commercial dealers have been peculiarly unfavourable. They have been the chief organs of shipment of our most valuable produce; and dealing too generally on fictitious capital, a large proportion of these shipments has been required as remittances to pay former debts due by them abroad for merchandize; or at best to anticipate the purchase of more. This is one of the sources to which we are to ascribe the exchange of so large a proportion of our produce, otherwise capable of commanding the soundest funds, for consumable foreign merchandize. It must be obvious that our exemption from peculiar pressure can only be maintained by a reform in our habits of dealing, sufficient to correct this excess of consumption. This corrective will prove more effectual, than the increase of bank paper under any form or name. and indeed it is the most sure process by which solid banking capital may be either furnished or maintained.

In no portion of our community is a change in the accustomed course of dealing more imperiously called for that in that which suffers most severely the evils of an unsound currency. And it may as truly be said that in none would the result be more immediately successful, in the introduction of a wholesome medium. This change would be from the unnatural into the natural channel of exchange. The channel which will float the present bountiful crop to its destined market, if allowed to return even one half of the avails, in the current money of that market, would replenish the circulation with specie, or with a paper truly and practically representing it answering in all the dealings of the community, and in payments to the general government not liable to be affected by the policy of the banks of the adjoining State, which has really or ostensibly so much impeded the operations of our bank n that quarter. This course though it would for a season reject from circulation the paper of the existing bank, and might have some interests and prejudices to oppose, would not fail eventually either to raise the credit of the existing bank with the tike of the general prosperity, or would lay the surest foundation for a new one; and the only solid foundation that can be laid, so far as the individuals composing the body of the population are allowed to participate in the capital. At the present and under the existing policy, the means of subscribing bank capital are not attainable to any considerable extent, within the sphere of that depreciated circulation; unless by those who may have access to the vaults of the existing institution.

Although a proper economy in the general dealings of the country, greatly affects the credit and prosperity of the currency & the banks much also depends on the correct organization and government of those corporations. The only original bank now in the power of the Legislature to establish, is partially defined by the constitution, and distinguished with such immunities as will constitute it when organized a monopoly of most extensive influence over the currency of the State. This being a matter of general concernment, it would appear that a control over it, would be as indispensable, to be retained


by the government, as over any other public concern and that the commitment of it to private hands without a fair control would be an abandonment of the public interest; there would hen be no other security for a subserviency to the public good than the precarious interest of those conducting the concern, and the tardy process of a judicial investigation. We have seen that nether have proved sufficient. As regards the former we have too often observed the incentive of profit to outweigh a regard to the credit on the circulating paper. The suspension of payment, consequent upon extended discounts, often produces as much gain to the proprietors, as loss to all others. This event presupposes inability of the debtors to pay promptly the loans obtained; these therefore remain on full interest, and of course admit of as ample dividends to the stock-holders as when in the most successful operation ; while the temptation to unjust speculation on the depreciated paper is held out to those conducting the concern. As regards the remedy by judicial process, an example is not wanting of the delay and difficulty of this course, in the case of a local bank, with all the advantaged of the public feelings and interest both, inlisted against it. is nevertheless believed that in the case of a commercial town, such as our principal port, a local bank on individual capital and direction may be of great advantage, affording the facility of accommodating its policy to the varying interests of trade. Such bank already exists and much the largest proportion of its capital is subscribed for; the same may be said of the two other banks now existing. The charters of all these are as favorable to stock-holders as any that can be formed consistently with the Constitution. so far therefore as a demand cant exist for an institution to be owned and conducted by individuals, that demand is already supplied. The fact that so much room in the authorized capital of the banks now existing remains unoccupied, is evidence of the want of disposable capital. The capacity to subscribe, it would appear is embraced chiefly by those having access in the vaults of existing banks; if this position be correct, the experiment of a charter, and opening of books for individual subscription, would result no otherwise than in the establishment of a new bank, owned and governed by one or more of the old ones. The only conceivable effect of the project would be a change of name and perhaps of location, without additional capacity of doing good, and with the enlarged power and extended sphere for doing mischief.

We have the example of one institution purely and entirely public- both as respects capital and direction, continuing through years of war and peace in successful and creditable operation. The state bank of South Carolina is a source of great profit, dispensing almost with the necessity of taxation, while it has given essential and in useful internal improvements, and which is still more important, furnishing at the same time a circulation regulated with a regard to no other than the general interest. It is a question worthy of inquiring how far this favorable example to susceptible of successful imitation. And here I admit, we meet at the vert first step, a most difficult part of the inquiry- relative to the funds that may be applicable to the formation of the capital stock. The several sources within the reach of the state are known to you, and will of course come under your consideration. There is one source to which your attention has ne-


ver been officially invited which, though involved as I confess in some difficulties, if accessible might furnish very ample results. The sixteenth sections granted to the inhabitants of the several townships, if converted into money by a competent authority for the purpose, would probable produce a fund of several millions, and which under proper regulations and prudent husbandry, would yield to the several townships, in proportion to the product of their respective school-sections more regular, and perhaps also more durable support to education,than would be realized by the ordinary process of leasing. To command the aid of this resource, so many intricate questions may require to be solved, and the concurrence of so many opinions and interests to be obtained, that it would probably occasion delay, and eventually produce but partial success. This resource is therefore presented to your notice, without the most sanguine prospects of its result. In concluding this subject I would remark, that under whatever form a State Bank may now be charter, it will be essentially requisite that very ample time should be allowed for the preparation of the means that must compose the capital.

The bank at Huntsville has not resumed specie payments, nor have I the means of giving you the encouraging prospect of such an event. The judicial proceeding instituted against that corporation to inquire whether it had incurred a forfeiture of its charger, is not yet finally determined. I would suggest that it might be the means of preventing delays in this as well as in other causes pending in the Circuit Courts, to make a provision for calling a special court to try cases continued at the regular terms, by reason of the interest of the presiding judge, as a party, or as a counsel.

The present session is one of those at which the legislature is required to provide for taking the census of the state, for the purpose of apportionment. According to the law of the U. States, electors of President and Vice President are to be chosen within thirty-four days preceding the second Wednesday of December, 1824. The mode to be prescribed for choosing the electors to which this state may be entitled, is a matter peculiarly within your province. You can also best ascertain the mode most satisfactory to the public, and which will at the same time, secure a fair and full expression of the voice of the state. I can only add my regret that a fair and uniform mode, by election of the people in districts, so often proposed as an amendment of the federal constitution, has so long continued unsuccessful; and I cannot abandon the hope, that a regard for the harmony and the permanency of the union will ultimately obtain so far the asecendency over state ambition as to give sanction to a uniform plan throughout the states, that shall be thus congenial with the structure of our government; and combining so happily the national and federative principles, in the selection of an executive chief for our federal empire.

In regard to our judicial department, the constitution having an eye to a period so shortly in advance, when some material changes may be made, it will not be expected that any radical amendments be now recommended. This will not, however, excuse me form noticing for immediate correction, such defects as appear obviously to impede the due administration of justice. One prominent defect in the judicial practice, is that by which the points in litigation in so great a


proportion of the causes, even in our highest courts of judicature have no relation to the merits. It often occurs that after a cause has been fairly determined, it travels up, with great delay and expense, into the highest appellate courts, and eventually is decided on some technical point of pleading in which the justice of the controversy is not considered. This has demoralizing tendency, and in some degree renders the law itself a subject of reproach. If the evil is thought worthy of your attention, it may deserve inquiry, whether a remedy to some extent might not be found in simplifying the mode of noticing defects in pleadings, and of amending the same, with such other provisions as may exclude all questions not affecting the merits, from further investigation after the rendition of judgment.

The decisions of the supreme court, though immediately affecting the parties litigant only, are considered as determining principles which become precedents in future cases, and have practically the force of law; yet these decisions have never been reported, and are only stored away on the files of the court, or in the memory of those hearing them pronounced. I submit whether it be not expedient to have them regularly reported and published after each term.

There is no mode under our statutes for contesting the validity of a will, but by bill in chancery, and that after it has first been admitted to probate. The more summary mode of contesting the execution of such instruments by caveat, before the probate, has elsewhere been found convenient.

There is no statute relating to the disposition of escheated property; nor is there any touching the case of property forfeited by reason of the incapacity of the purchaser to hold, as in the case of aliens. Escheats, and forfeitures have elsewhere been a source of some productiveness. The emigration from so many directions which has added to our numbers, has no doubt furnished, or may yet furnish subjects for the operation of such laws. These cases occurring occasionally, and in dispersed situations, may be made a subject of presentment by grand juries, as a mode of discovery. The application of the fund arising from this source, may depend on the wisdom of future legislatures. I would, however, suggest, that if would be an appropriate fund for education of the children of the poor.

Some instances have occurred in which Clerks of Courts have removed from their counties, leaving the duty to be performed by deputy. Public offices being always conferred on the ground of personal confidence, their duties should mainly be performed by the principal in persons. A removal or other abandonment of the duties for a length of time, should be made tantamount to a resignation.

I may afford a necessary accommodation to the Judges and other attending the first judicial circuit, now terminating with the counties of Washington, Mobile and Baldwin, to reverse the order of those courts, for the spring terms; retaining their present order for those of the fall.

The time occupied in passing and amending laws incorporating towns and societies, might be well saved by a general law of incorporation; prescribing the condition on which it may extend to any town of society; and also the manner in which this corporate condition may be removed, at the pleasure of the members or inhabitants concerned.


The latest official account received in relation to the three percent fund applicable to improvements within this state, is that contained in the report from the Treasury Department to congress during the last session. The amount appearing by that document to be due from the United States, up to the 30th June 1822, was $23, 770.75. Although I have not yet received the official information, which I have sought, as to the time when this fund may be obtained, consistently with the act of Congress limiting the payment thereof, to take place after the discharge of the debt due from the United States to the State of Georgia, and the Mississippi stock; yet no doubt is entertained that this fund may now be received, or at least within a very short period. The amount, though not sufficient to accomplish any extensive object, may be usefully employed toward partial improvement of immediate urgency, in our land and water communications, as well as in the examination of our navigable streams.

I would here present to your notice a few of the object proposed, requiring small sums to produce considerable immediate results in our navigation. The shoal in the Tombecbe near St. Stephens is a serious obstruction to steam boats, and even barges in tolerably low water, and may be removed at a small expense. A small sum might be employed with effect on the same stream and on the Black Warrior and Alabama, in removing leaning trees, and occasional drifts, which cause much hindrance to boats and barges. From some recent efforts to ascend the muscle shoals on Tennessee river, it is believed that a comparatively small expenditure might there be employed with good effect, on some of the most difficult points. It is not pretended that any moderate appropriation could do more, than to render such aid to individual exertion as would make the ascent in the first instance, barely practicable for small boats. Yet even this would lead the was to further enterprize that might be ultimately useful. The connexion of the Tennessee waters with one of the branches of Coosa, has seriously occupied the attention of a large portion of the public spirited citizens of the State of Tennessee; and with a corresponding spirit on our part toward improving the shoals on Coosa the important work might early be accomplished; opening a most extended interior communication northward.

In accomplishing the portion of this object, which is within our own limits it is only expected of the State, to give the proper encouragement and direction, to a well adjusted individual association.

I would suggest that to accomplish any valuable public impovement, it will be necessary that a system should be digested, by which the public resources should not only be fairly applied to the general advantage of all section of our country, but applied with the greatest effect. The Constitution of the State, Article 5, section 21, was framed with a particular eye to this purpose, an dif it is to be regarded at any state of our operations, no time is so proper as at the commencement. A board of public works selected by the Legislature, would be of essential service in giving direction to the operation of engineers, adjusting plans for forming individual associations for effecting any necessary work --controling expenditure of monies appropriated by law for such objects, and in furnishing to the Legislature correct and useful information respecting the various matters connected with our internal improvement. To this subject, I earnestly invite your attention.


Several of the roads authorized to be laid out by the acts of the last and preceding sessions, have been reported and approved, and partially opened, excepting in certain sections of the same, where the settlements are not sufficiently dense to effect it. In these instances, I submit, whether some small appropriation be not necessary. By a communication from the ordinance department of the United States, it appears that the quota of arms to which this state is entitled for the several years from 1816 to 1822, inclusive amounts to 1,112 stand of muskets. This is computed on the average number of our militia returned for those years which numbers amount to 13, 684.- The whole number of militia of the United States for these years average 908,172. It is very evident that we have lost much in this distribution by our own omission in furnishing regular and full returns of our military strength. And until our present plan (which has been continued by repeated enactments) shall be changed, we are not to expect better results. The circuity required, would well suit regular corps on duty; but the avocations of business and pleasure in time of peace, will always afford too much interruption in a complicated system. I have ordered the transmission of the arms to this place, and they may be expected before the close of the session. All have been ordered in muskets, excepting cavalry arms for two companies.

This additional store of public arms, will render it the more necessary to devote some attention to the condition of the present arsenal, and to the subject of preserving the arms most effectually, in which consideration will be embraced the enquiry whether, any amendment in the law defining the duties of the officer designated to that department be necessary. That part of the militia law relative to the imposition of fines, and the accountability of those receiving them, may need revision. A strict construction of the law will often exclude a defaulter from the advantage of a good excuse.

The introduction of slaves into the state for the purpose of traffic cannot be otherwise than deprecated as a public evil. While it encourages a species of speculating the least meritorious, it tends to increase the wretchedness of the existing condition of slavery, and to detract for the strength and security of the country, if not also from its substantial wealth. It has been the humane and prudent policy of many of the neighboring states to interdict this traffic, and I believe the same policy to be not sell accordant with the interest and sentiments of our citizens. The subject is submitted to you wisdom. Whatever be your views upon it; I hope either that such provision may be made as will practically suppress the evil, or that it be left entirely unrestrained. Penal or restrictive laws habitually evaded or openly violated have ever proved to be demoralizing and worse than useless.

In conformity with the act of last session, requiring the renewal of the loan from the Bank of St. Stephens for furnishing a deposit to give credit to the Treasury notes, of which loan one half was authorized to be placed in the Treasury; the loan has been accordingly renewed and $1 000 dollars only has been transferred to the Treasury, so more being found necessary. The credit of these Treasury notes is so fully established, and the ability of the Treasury so ample to meet all of them that may be presented, I do not recommend a further renewal of the loan.


Conformable with the act of last session, authorising an agent to be appointed to receive all slaves illegally imported and to employ them in public works, deemed to be of most utility to the state; such agent has been appointed and instructed to perform the duties required by the act in relation to all such slaves, and especially to apply to the Judge of the District Court of the United States for possession of the slaves in charge of the Marshal awaiting the ajudicating in the Supreme Court, an don obtaining the same, to employ them under proper superintendants in improving certain of the leading roads between the extremes of the state. This application to the District Court had been encouraged by the highest judicial authorities of the United States, and was not objected to by the opposing claimants. The application has not however prevailed.

These cases will probable be finally determined at the approaching term of the Supreme Court of the United States. I have thought this interest sufficiently important to employ counsel to and the Attorney General. I would submit, whether some provision might not be necessary in case of condemnation the better to realize the portion of interest which may appertain to the state, and whether (in case it should be the policy of the legislature to establish a board of public improvement) this portion may not be profitably retained specifically and employed in the public service.

In compliance with the act of last session, I have contracted for printing of the Digest of the Laws, to be executed in New York, and delivered at this place complete for the sum of $4,200, being the most favorable terms proposed. I have taken the liberty of inserting the State Constitution in addition to the instruments required, believing it not intentionally omitted in the act. Greater portion of the copies are hourly expected.

In the distribution directed by the act, there is no provision for furnishing the copies to the governments of our sister States and of the Union, as is customary on like occasions.

The Digester of the Laws, to whom the task of superintendance of the printing had been assigned by the Legislature, by letter of the 5th of March, last, declined that portion of the trust, for reasons which no doubt well justified the measure. He has, however, completed the Digest of the Statutes of last session, and furnished the Table of Contents prefixed to the work. I designated the Attorney General To the unfinished portion of the duty which had been assigned to the Digester; and he has performed the same, by superintending the printing, and preparing the Index. From the superficial examination, I have had it in my power to give to the work, I trust it will fulfill the expectation of the Legislature and the public.

Since the last session, several vacancies have occurred, most of which have been filled by Executive appointment.

In the decease of Henry Y. Webb, one of the Judges of the Supreme Court, and the presiding Judge of the third Judicial Circuit, the State has lost a worthy citizen, and a valuable magistrate. The vacancy has been filled by the temporary appointment of Henry Minor.

E. D. Washburn has been appointed Judge of Montgomery County court, in lieu of Nimrod E. Benson, resigned.

Peter Williamson has been appointed to the same office, in lieu of E. D. Washburn, resigned.


William Godfrey has been appointed Judge of Washington county Court, in lieu of Morrison Hunter, resigned.

William Hale has been appointed Judge of Mobile County Court, in lieu of John C. Mitchell, resigned.

Joseph B. Eason has been appointed Judge of Decatur County Court, in lieu of H. Bailies, resigned.

A. Hutchinson has been appointed Solicitor of the Fifth Judicial Circuit, in lieu of Joseph Eastland, resigned.

Two vacancies have occurred in the Board of Trustees, one by the decease of R. W. Carter, the other by the resignation of George W. Owen.

In pursuance of the resolution of last session, I have contracted for a Map of the State, to be taken from the Surveys, in the Surveyor General's office, and other correct sources, which I am advised is nearly ready, and will be furnished within a few days.

I have now brought to your view, the several matters, which, I deemed worthy of Legislative notice. I may have made many inadvertent omissions, as well as errors of judgment. But, I have the satisfaction to consider that, they are to pass in review before a coordinate department of the government; representing the wisdom of the State, as well as equally emanating from the general will of our constituents, and competent to the correction of all defects that may exist. As joint laborers in the same vineyard, our duties tend to the same points, and require for their consistent, and regular discharge, as harmony of feeling and understanding. This will much alleviate the arduous labors confided to us.

The path of public, as well as private life, is sufficiently chequered with adversity, from causes which providence has placed above our reach. To render our progress the more pleasant, will, I sincerely and cordially hope, be the mutual endeavor of all concerned in the duties of the present session; and that our united exertions, may be promotive of the greatest general good, an give the best direction to the rising destinies of our infant political community.


On motion of Mr. Gayle, Ordered, That said communication be referred to the committee of the whole House, and that two hundred copies thereof be printed for the use of this House. And then the House adjourned till three o'clock this evening.

Evening Session.

On motion of Mr. Pickett, Resolved, That a committee of five members be appointed on the part of his House, to act with such committee as may be appointed on the part of the Senate, to inquire into the expediency of so altering the Constitution of the state of Alabama, that the judges of the circuit and county courts be elected for the term of years: Whereupon Messrs. Pickett, Young, Jackson, Perkins & Oliver, were appointed a committee for this house. And then the House adjourned till to-morrow morning, 10 o'clock.