Saturday, January 7, 1826.

Message form the Senate, by Mr. Lyon, their secretary:   Mr. Speaker the Senate have read three times and passed a bill which originated in their House, entitled an act to amend an act, to regulate the licensing physicians to practice, and for other purposes, approved, December 22, 1823, in which they desire your concurrence. They recede from their amendment to the bill entitled an act to establish certain election precincts therein named, by striking from the 8th section of the bill the words "Wm. M. Middleton in" & inserting John Webb, near They have read three times and passed a bill, which originated in your House, entitled an act to provide for the appointment of a public weigher, in the town of Blakeley, and have amended the same by adding thereto an additional section; in which they ask your concurrence. They have also read three times and passed bills which originated in your honorable body, entitled an act to alter the manner of electing


180

major and brigadier generals; An act to repeal an act entitled an act the more effectually to secure the testimony of absent witnesses, by interrogatories; and An act to authorize certain persons therein named, to raise by lottery a certain sum of money for the purposes therein contained. They have also read three times and passed a bill which originated in your House, entitled an act to exempt school masters, teachers, and students, from military duty and for other purposes, and have amended the same by striking out the 2d section; in which they also desire your concurrence. And then he withdrew.

Mr. Heard, from the committee on enrolled bills, reported that he had examined and found correctly enrolled bills of the following titles, to wit:   An act reserving from sale the university lands in the county of Tuskaloosa; An act to amend an act, entitled an act to establish a certain road therein named; An act supplementary to an act, entitled an act to establish the town of Sommerville, in the county of Cotaco, passed, Dec. 3, 1819; An act regulating elections; An act providing for the registration of deeds, grants, &c.; An act to authorize Green Collier to erect a dam across Flint river, in Madison county, and for other purposes; An act to authorize Wm. R. parker, to emancipate a certain slave therein named; An act for the relief of the inhabitants of the 1st towns' p, range 7, east of the basis meridian of Huntsville; An act to amend an act, entitled an act to alter and amend the charter of incorporation of the city of Mobile; An act to authorize the judge of the county court of Washington county and commissioners of revenue and roads to levy a special tax, for the purpose therein named, and for other purposes; An act to incorporate Milton academy, in the town of Montgomery and to empower the trustees of the same to establish a lottery or lotteries; An act to incorporate the town of Pickens in the county of Pickens; An act to authorize the raising by lottery a sum of money for the purposes therein specified. Ordered, that Mr. Barton, of M. have leave of absence for the remainder of the session.

Mr. Heard, from the committee on enrolled bills, reported that they had examined and found correctly enrolled, bills of the following titles. An act to authorize Joseph Price, to erect a mill dam across the Mulberry fork of the Tuskaloosa river; An act to require security upon granting a supersedeas; An act to alter the lines of Madison and Jackson counties; An act to amend the charter of the bank of the state of Alabama; An act to repeal in part an act, entitled an act to establish certain counties therein named, and for other purposes, passed, Dec. 17, 1821, and for other purposes; An act to repeal in part an act, approved, Dec. 15, 1824, declaring Flint river, in Morgan county, a public highway.

A message from the Governor by J. I. Thornton, secretary of state ;

EXECUTIVE DEPARTMENT, JANUARY 7, 1826.

The hon. the Speaker and Members of the House of Representatives: 

GENTLEMEN- I have the honor to transmit you the resignation of James Dellett, esq. as a Trustee of the University of Alabama, appointed in the first judicial circuit. I am, most respectfully, &c

[Signed,]                                              JOHN MURPHY

And then he withdrew. Which communication was laid on the table.

A bill, to be entitled an act making appropriations for certain claims against the state, was taken up, amended and laid on the table.

Mr. Greening, from the committee appointed on the part of this


181

House, to confer with the committee from the Senate, on the disagreement between the two Houses, on the amendment proposed by the House of Representatives to the memorial to the Congress of the United States, reported that they met the committee from the Senate; and after conversing freely on the amendment and its importance to the people of this state, come to the conclusion that it would be more correct to adopt the amendment as a separate memorial; and the committee from the Senate distinctly stated, that they would recommend to their house to adopt the amendment as a separate memorial; your committee, therefore, respectfully suggest to this House the propriety of adopting this resolution:   "Resolved, that this House recede from their amendment to the memorial to the Congress of the United States ;" which was concurred in- yeas 29, nays 28.

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

Mr. Bailey of Mt.

Conner

Greening

McLemore

Walthall

       Bailey of L.

Crenshaw

Hallett

Morton

Weissinger

       Barton of Mo.

Davis

Hickman

Pickens

Williams-29

       Barton of Tus

Dellett

Inge

Sims         Tate

       Brown

Dupuy

Martin of Li.

Thornton

       Coe     Creagh

Fluker

Mead

Tindall

Those who voted in the negative, are

Mr. Speaker

Broadnax

King Lewis

Oliver

Vining

       Ambrister

Coleman

Mardis

Peyton

Warren

       Baylor

Coopwood

Martin of Fr.

Saffold

Watson

       Baxter

Edmondson

Martin of La.

Shotwell

White-28

       Benson

Fitzpatrick

McNeill

Vaughan

       Brandon

Jones

Neill

Mr. Tate from the committee on inland navigation, to whom was referred an engrossed bill from the Senate, to be entitled an act to provide for the improvement of the navigation of certain rivers therein named, reported the same with an amendment; in which report the House concurred.

A bill, to be entitled an act for the relief of purchasers of los in the town of Cahawba, was read a second time, and ordered to be engrossed for a third reading.

A communication was received from his excellency the Governor, by James I. Thornton, secretary of state, and is as follows:

EXECUTIVE DEPARTMENT January 7th, 1826.

The Hon. President and Members of the Senate.

GENTLEMEN- The present communication I make reluctantly, but from a sense of duty. I have for some time past, during your present session, revolved in my mind, the propriety of bringing to your view, the concern which we have in the proceedings on the late Indian treaty, by which the state of Georgia and this State acquired territory from the Creek Nation of Indians; the state of Georgia, the property and jurisdiction of the soil, this State the jurisdiction only. I have been fully sensible that it would require peculiar moderation, magnanimity & sober reflection, either to assert or prosecute our rights, so as to avoid any unjust animadversious on the one hand, or charges of undue regard to self-interest on the other.  The excitement, which has elsewhere been felt, and which gave so much concern to the friends of the peace and harmony of the Union, and an unwillingness to appear upon the same troubled scene, gave monitions not lightly to be disregarded, that the subject should not be touched, without very justifiable necessity.  The treaty however has been, and still is, before the public; and should we prosecute the concern which we have in it, with moderation and liberality becoming an enlightened and generous people, we shall acquit ourselves to

22*


182

the satisfaction of those in whose service we are, and stand justified and respected, in the opinion of the other members of the confederation -  This treaty is alledged not to have been negociated in good faith, and although duly ratified by the competent authorities, to be avoidable on account of fraud in the means by which it was obtained. With this question we have of course very little to do;  we were not parties in the transaction, and are not constituted the judges of it; this is left to other powers, in which our high confidence may remain unimpaired - but should the treaty have been negotiated, in such a manner as to entitle it to the ordinary force and obligation of such compacts, this State has acquired rights under it, which neither the people of this State, or our brethren of the United States, would expect or wish us to abandon -  should this treaty have been entered into in such manner as other Indian treaties, which have been sanctioned and continued of force, no refinements hitherto unpractised ought to operate to our prejudice and deprive us of the right of our chartered limits, guaranteed by the constitution; a right which, in fact involves population, revenue, strength, and respectability, in the scale of the Union. We have every reason to confide that nothing will be done derogatory to the justice and magnanimity of the United States, or injurious to the interest of this, or any other State, which can be avoided by much careful deliberation, or which lies beyond the reach of urgent necessity. There are however a combination of circumstances, a calculation of policy an adjustment of beneficent purposes, a reconcilement of principles which may seem to conflict, which give to this question a novel character, and present it in an aspect altogether peculiar.  It involves the rights and interests of States, the justice due to the aboriginal population, and the measure by which the munificence of the general government, may be most effectually & beneficially extended to them. We are rapidly approaching to a crisis in our affairs with a portion of the natives of the country; and it is high time to devise and to reduce to system, a just and well judging humanity, by which the future conduct of the United States towards them will be regulated. When chartered limits were assigned to the several states having Indian population, it does not seem to have entered into the contemplation of any one, that they would remain there fixed and permanent. Such has not been the constant experience; they had continually retired from our settlements, or had wasted away in the midst of us, without any valuable improvement in mind or morals. The Indians of the North and South, many nations of renown in their time, either became extinct, or wandered in scattered remnants, to take shelter with tribes which we had not yet approached, losing their name and the tradition of their former pride and power. -  Under this experience, the States have been led to expect the speedy possession of their limits, and have gone on to make their local arrangements with reference to this desired consummation. What then can be done to justify the aspiring expectation of the States, and deliver the Indians from the consequences, hitherto fatal, which have resulted from a proximity to our population? - Or are we to suppose that the results in future will be different from the past? Or is it established, that any beneficent purpose which does honor to the general government, may be carried in to effect, in such a situation, to a greater extent, or with more facility, than in others which it is convenient to provide?  These questions deserve a careful solution- and with this view, it will be necessary to ascertain from what cause it has always been seen that their numbers rapidly decrease in the vicinity of civilized society. It is no doubt by the introduction of our vices, which are soon embraced, and have a strong and unresisted attraction, because the slow progress of morals and civilization among them, is unable to oppose any effectual restraint. - To civilize a people from a rude and barbarous condition, they should be removed from the influence of the vices and luxries which prevail in civilized life, and subjected to that discipline and instruction, by which a change of life, manners and mental improvement, is gradually produced. The virtues must first be cultivated, and the mind strengthened against the seductions of vicious gratification. Such is the natural order of things and experience only confirms what theory might justly


183

predicate, on a correct knowledge of human nature. Such has been the evidence of history; for the Provinces farther removed from the vices, refinements and luxuries of Rome but subjected to its laws, and instructed by its arts, made the most solid, if not the most immediate progress in civilization. This necessary course cannot be pursued with the Indians whilst they remain within our limits; they have continual access to whatever tends to corrupt them, they have constant testimony that their condition is regarded as inferior to others; than which nothing is more destructive to virtuous pride, and generous emulation; and the abandoned part of our people, who alone can mingle freely with the nation, as a body without losing their standing in society, will introduce our vices and prevent the introduction of our virtues, by which alone the deleterious effects of vice might be initigated.  We may therefore expect, as has been the case in all other instances, to see the rapid progress of the nation to extinction destroyed by our example which they will soonest imitate, and preyed upon by those among themselves, who attain to greater improvement of mind, and especially learn to better effect, the arts and the cunning, by which self interest, unrestrained by the correct influences of a higher order of society, appropriates to itself, the rights and benefits to which others are entitled. What then is to be done for this people who had priority of us, in the occupation of this favored land? Must then the increase of our population, and the progress of improvement among us, continue to blot out their names from the catalogue of nations, and leave only faint traces of history, that they ever had an existence? We should provide living monuments to show the liberality of our institutions towards the natives, and proudly boast of nations rescued from barbarism by our means, and exalted from so low an estate, to the high standing and happiness of enlightened communities. This it would seem can only be done, subdivided and circumscribed as the Indian nations among us now are, by establishing them within limits of their own, guaranteed by the general government; and by extending to them the protection of our arms, the patronage of our power the benefits of learning, the knowledge of agriculture and the arts, and the humane influences of religion. In such a situation they might become gradually subject to our laws, and indeed a change of their civil institutions, may be absolutely necessary to their speedy civilization, or at least to facilitate its progress. In limits of their own, they would be freed from the restlessness, agitation, and uncertainity which attend their present condition.- They must suppose they are at the mercy of superior power; that they oppose obstacles to the wishes of their neighbors; and that their situation is quiet different, in point of right and stability, from that of the white population around them. It would be well to remove these impressions which must operate to their prejudice, and place them on a footing, in that respect, with the people of the United States. I agree entirely with the just and liberal views of my predecessor in office on ths subject, that the United States should assume a parental guardianship over them, and thus extend their beneficence, in such manner as best to promote the welfare of the Indians. The United States can lose nothing by the exercise of this care and humanity towards them; they themselves will furnish the means, according to the liberal policy which recognizes their right to the lands they occupy. The lands which they will relinquish within the chartered limits of the states, will sell for an amount which will reimburse the treasury, and afford an excess which ought to satisfy any reasonable expectation, from the national domain. To continue them where they are, to the great detriment of the several states until they become extinguished, and thus surrender the whole of their lands, (which in effect it is believed would be the final result of such a measure) would neither comport with the justice, generosity or humanity, of a liberal and christian people. The vast unoccupied regions, within the limits of the United States, afford every desirable facility for the present accomplishment of this purpose. The Indians should not be located within the limits of any state or territory, if it can be avoided, so that the recurrence of similar difficulty may be prevented in future. Let the Indians, a wandering and hitherto, unsettled


184

portion of our species, acquire, under the auspices of the United States a fixed and permanent habitation. This obvious policy had not been overlooked in our national councils; and it would seem that the present moment is very propitious, for the commencement of the systems which may hereafter be predicated upon it. The United States can lose nothing by us, even should we ask, that a just provision, if practicable, be made for the Indians, which will lead to the extinguishment of their title within our limits, at least to the extent of the treaty; and that if the Indians received too little consideration under it, for the lands which they relinquished, that the consideration be made ample and sufficient; and that the treaty be sustained, if this be the ground of complaint. We ask no violation of justice or humanity due to the Indians; we sincerely wish and would be glad to contribute to their improvement and happiness. But we have interests too, and if their may be, by a well matured system, a due attention to our interests and theirs, we have a claim which will not be denied. I have only hastily touched upon the outlines of this subject, being engaged in other duties, and especially waiting for more precise information; and yet must claim your indulgence for the length, as well as imperfection of the present communication. My main object, however, will be easily seen, which is to invite your attention to make such representation to the government of the United States, as this subject, in all its various hearings, may seem to your wisdom to require. The temperate expression of our opinions, and views, will be kindly received by the national authorities, of whose justice and liberality we have had constant experience.

I have the honor to be, very respectfully, &c.     JOHN MURPHY

Ordered, that the same be referred to a select committee, consisting of Messrs. Benson, Oliver, Pickens, Creagh and Martin of Fr. to consider and report thereon. Ordered, that one hundred and twenty copies be printed for the use of this House.

Mr. Vining, from the select committee, to whom was referred bills in progress before this House, respecting the emancipating of certain slaves therein mentioned, reported the same in two separate bills, and beg leave to recommend to the House the propriety of trying each application, by sections, on the second reading.

A bill, to be entitled an act to emancipate Nancy Powell, a slave, and her infant son, Thomas, was read a second time, and ordered to be engrossed for a third reading. A bill, to authorize Isaac Jordan to emancipate a certain slave therein named, was read a second time, and ordered to be engrossed for third reading.

Mr. Heard, from the committee on enrolled bills, reported, that they had examined and found correctly enrolled, bills of the following titles to wit:   An act making provision for the accommodation of the next General Assembly; An act for the relief of Lewis House; An act for the relief of Thos. Hearne; An act providing for the removal of certain public offices to the town of Tuskaloosa; an act the better to organize the militia of the counties of Covington & Dale; An act for the emancipation of a negro man slave named Peter; An act to alter & amend the several laws in this state to suppress the evil practice of duelling.

On motion of Mr. Barton, of Tusk., Be it resolved, that this House will adjourn sine die on ______ next, provided the Senate shall concur in the adoption of this resolution. Mr. Mead offered the following amendment:   Provided that this House is not ready and willing to adjourn sooner, and provided also, that the joint committee to examine into the affairs of the bank of the state, do make their report on or before that time; which said resolution was postponed until Monday next.

Mr. Greening, from the select committee, to whom was referred the


185

joint resolution instructing our Representatives in Congress to procure the passage of a law to reduce the price of the public lands after they have been offered at public auction & also to use their best endeavors to procure for this state the lands to which the Indian title was extinguished by the treaty of the Indian springs, and to prevent the settlement of the Indians heretofore residing in Georgia, within the limits of this state: Reported in lieu thereof, A memorial to the Congress of the United States; which was referred to a select committee, consisting of Messrs. Benson, Oliver, Pickens, Creagh and Martin of F. to consider and report thereon- The House adjourned for one hour.

Evening Session. Engrossed bill from the Senate, to be entitled an act to provide for the removal of the bank of the state of Alabama to Tuskaloosa, was laid on the table.

Mr. Bridges, from the select committee, to whom was referred a bill to be entitled an act to exempt certain persons therein described from taxation, reported a bill in lieu thereof to be entitled an act to exempt invalids from paying poll tax, which was read a second time, and ordered to be engrossed for a third reading. Ordered, that the House concur in the amendments made by the Senate to the bill entitled an act to provide for the appointment of a public weigher for the town of Blakeley, by adding thereto an additional section. Ordered, that the House concur in the amendment made by the Senate to the bill to be entitled an act to exempt school masters, teachers and students, from military duty & for other purposes, by striking out the 2d sec. of the bill.

Engrossed bills of the following titles, to wit:   An act to incorporate the trustees of the Tuscumbia academy, in Franklin county; and an act for the relief of certain persons therein referred to, were severally read a third time and passed. Ordered, that the titles be as aforesaid, and that the same be sent to the Senate for concurrence.

Mr. Fluker moved that the House reconsider a vote taken on concurring with the report of the committee on inland navigation, to whom was referred an engrossed bill from the Senate to be entitled an act to provide for the improvement of the navigation of certain rivers therein named, which was determined in the negative- yeas 18, nays 36.

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

Mr. Speaker

Coe

Edmondson

Martin of La.

Thornton

       Bailey of La.

Conner

Fluker

Martin of Li.

Tindall

       Barton of Tu.

Creagh

King

McNeill

Vining-19

       Brandon

Davis

Martin of Fr.

Sims

Those who voted in the negative, are

Mr. Armbrister

Coleman

Hallett

Morton

Tate

       Barton of Mo.

Cook

Hickman

Neill

Vaughan

       Baxter

Coopwood

Inge        Jones

Oliver

Walthall

       Benson

Crenshaw

Lewis     Lyon

Peyton

Weissinger

       Bridges

Dellett

Mardis

Pickens

White

       Broadnax

Dupuy

Mead

Saffold

Williams, 36

       Brown

Greening

McLemore

Shotwell

Message from the Governor, by J. I. Thornton, secretary of state:   - Mr. Speaker, I am instructed by the Governor to inform your honorable body, that he did on the 6th inst. approve an sign. An act for the relief of Henry Fountain; An act to incorporate the trustees of the Lafayette academy in the village of Lagrange; An act to extend the corporate limits of the town of Moulton and for other purposes. The act to divorce Nancy Gillespie from Andrew S. Gillespie, has become a law without the signature of the Governor, according to the provisions of the constitution of this state, and then he withdrew.


186

Mr. Heard from the committee on enrolled bills, reported that they had examined and found correctly enrolled bills of the following titles, to wit:   An act regulating judicial proceedings and for other purposes; An act to provide a speedy remedy against the obligors in injunction bonds; An act to incorporate the trustees of Moulton academy; An act to locate the seat of justice for Fayette county; An act to provide against an unnecessary detention of grand juries and for other purposes; An act for the relief of David Tate and others.

Engrossed bill from the Senate entitled an act to provide for the improvement of the navigation of certain rivers therein named. Mr. Martin of F. moved that the farther consideration thereof be indefinitely postponed, which was carried - yeas 38 - nays 23.

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

Mr. Speaker

Bridges

Dellett

McLemore

Shotwell

       Armbrister

Broadnax

Greening

McNeill

Vaughan

       Bailey of Mt.

Brown

Jones       King

Oliver

Vining

       Baxter

Coleman

Lewis      Mardis

Peyton

Walthall

       Benson

Cook    Conner

Martin of F.

Pickens

Weissinger

       Brandon

Crenshaw

Martin of La.

Saffold

White-33

      Those who voted in the negative, are

       Bailey of La.

Coopwood

Hallett

Mead

Thornton

       Barton of Mo.

Davis

Hickman

Morton

Tindall

       Barton of T.

Edmondson

Inge      Lyon

Neill

Warren

       Coe     Creagh

Fluker

Martin of Li.

Sims

Tate

Williams- 23.

Engrossed bill from the Senate entitled an act to amend an act regulating the licensing of physicians to practice and for other purposes passed, Dec. 22, 1825, was read a 1st time & ordered to be read a 2d time.

Message from the Governor, by J. I. Thornton, secretary of state:   Mr. Speaker, I am instructed by the governor, to inform your honorable body that he did this day, approve, and sign bills of the following titles, to wit:   An act to establish a permanent seat of justice in the county of Jackson, and for other purposes. An act concerning taxes in Mobile county; An act to incorporate the town of Florence, in the state of Alabama; An act to provide for the payment of petit jurors in the counties of Blount, Montgomery, Mobile, and Baldwin, and for other purposes. A joint resolution relating to the boundary line between the state of Alabama, and the state of Georgia. A joint resolution memorializing Congress in relation to certain public works therein named; all of which originated in this House. And then he withdrew. Engrossed bill from the Senate, entitled an act making provision for the accommodation of the next General Assembly, was read a third time and passed. Ordered, that the clerk acquaint the Senate therewith.

Mr. Davis moved that the House reconsider a vote taken on concurring with the report of the select committee of conference to whom was referred the memorial to the Congress of the United States, on the subject of the purchase of public lands on the disagreement of the two Houses, as to the amendment made by this House to said memorial.

The House adjourned till half past 6 o'clock this evening.

Half past 6 o'clock.  On motion of Mr. Morton, Resolved, that the Senate now be invited to assemble in the Representative Hall, for the purpose of going into the election of a harbour master and four wardens for the port of Mobile, and a judge of the county court for the county of Conecuh agreeably to a joint resolution, and that the west end of the House be appropriated for their reception.


187

The Senate having repaired to the Hall of the House of Representatives, both Houses proceeded to the election of harbor master and four wardens for the port of Mobile; Daniel McGibbon being in nomination for harbor master, and Henry Gunnison, Joseph W. Moore, Samuel G. Swift and Russell W. Lewis in nomination for wardens of the port of Mobile- for Mr. McGibbon 59, Gunnison 59, Moore 59, Swift 59, and Lewis 59 votes. Those who voted for Mr. McGibbon for harbor master, and Messrs. Gunninson, Moore, Swift and Lewis, for wardens, are

Mr. President

Vanhoose

Coleman

Jones

Shotwell

       Ash

      Mr. Speaker

Cook

King

Tate

       Bagby

Armbrister

Conner

Lewis

Thornton

       Brown

Bailey of La.

Coopwood

Lyon

Tindall

       Clay

Barton of Mo.

Creagh

Mardis

Vaughan

       Crawford

Barton of Tu.

Crenshaw

Martin of F.

Vining

       Gaines

Baylor

Davis

Martin of Li.

Walthall

        Jones

Baxter

Dupuy

Morton

Warren

       McCamy

Brandon

Edmondson

Neill

Weissinger

       Merriwether

Bridges

Fluker

Oliver

White

       Miller

Brown

Hickman

Peyton

Williams-59

       Powell

Coe

Inge

Pickens

Daniel McGibbon having received a majority of the whole number of votes, was declared to be duly elected harbor master and Messrs. Gunnison, Moore Swift & Lewis were declared to be duly elected wardens for the port of Mobile.

The two Houses then proceeded to elect a judge of the county court of Conecuh county; John Deane being in nomination- for Mr. Deane 60 votes. Those who voted for Mr. Deane, are the same as those who voted in the election of harbor master and wardens for the port of Mobile, and Mr. Dellett in addition. John Deane having received a majority of all the votes, was declared, by Mr. Speaker to be duly elected judge of the county court of Conecuh county. The Senate withdrew- and then the House adjourned till Monday morning 9 o'clock.