Saturday, November 26.

Mr. Broadnax presented the petition of Lewis Houson, praying the passage of a law authorizing him pay for a negro man slave executed; which was read, and referred to the committee on propositions and grievances.

Mr. Jones presented the petition of Leasa Lewis, praying the passage of a law to be exempted from the debts of her husband; which was read and referred to the committee on propositions and grievances.

Mr. Saffold presented the Report of the Directors of the State Bank which was read and referred to the Bank of Committee.


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Mr. Vining presented the petition of sundry inhabitants of Decatur county, praying the passage of a law to annex part of said county, to that of Madison county, which was read and referred to the committee on county boundaries.

 Ordered, That Mr. Armbrister be added to the committee on county boundaries.

 Ordered, That Mr. Barton of Mobile, be added to the committee on inland navigation.

 Ordered, That Mr. Greening be added to the judiciary committee.

 Ordered, That Mr. Davis be added to the judiciary committee.

Mr. Benson presented the petition of the administrators of Benjamin H. Hall, deceased, praying the passage of a law to authorize said administrators to sell certain lots therein named, which was read and referred to the judiciary committee.

Mr. Benson presented the petition of the administrator of Henry Olcott, praying the passage of a law to authorize said administrator to sell certain lots therein named, which was read and referred to the judiciary committee.

Mr. Benson presented the petition of Ebenezer Washburn, administrator, and Ann M. Washburn, administratrix, of James Gause, deceased, praying the passage of a law to sell certain real estate, which was read and referred to the judiciary committee.

Mr. Benson presented the account of John Steward, for services rendered, as Marshal, to a court martial, which was read and referred to the committee on accounts.

Mr. Cook presented the petition of sundry inhabitants of Montgomery county, praying the passage of a law to be annexed to Butler county, which was read and referred to the committee on county boundaries.

 Ordered, That Mr. Creagh be added to the committee on ways and means.

 Ordered, That Mr. Bailey, of Montgomery, be added to the committee on county boundaries.

 Ordered, That Mr. Cook be added to the committee on roads, bridges and ferries.

Mr. Hallett, from the select committee, to whom was referred the petition of Register Bernady, Harriet Bandon, and Sylvan Nicholas reported a bill to be entitled an act, to emancipate certain slaves therein mentioned; which was read a first time, and ordered to be read a second time on Monday next.

Mr. Vining, from the committee on propositions and grievances, to whom was referred the petition of Benjamin James have had the same under consideration, and have instructed me to report the same unreasonable, and ought not to be granted - in which resolution the House concurred.

Mr. Vining, from the committee on propositions and grievances, to whom was referred the petition of Samuel N. Graham, praying remuneration for a slave murdered, have had the same under consideration, and have instructed me to report, that your committee are of opinion, that it is inexpedient to grant the prayer of the petitioner. In which report the House concurred.

Mr. Martin, of Lauderdale, from the select committee to whom was


30

referred the petition of sundry inhabitants of Lauderdale county, reported a bill, to be entitled, an act to establish an election precinct in the county therein named, was read a first time, and ordered to be read a second time on Monday next.

The House resolved itself into a committee of the whole, on His Excellency's message, Mr. Oliver in the chair -  and after some time spent therein, the committee then rose, and Mr. Speaker resumed the chair -  and Mr. Oliver reported, that the committee, according to order, has had His Excellency's message under consideration, and had made sundry references thereon, and leave was granted till Monday next, to report thereon.

On motion of Mr. Morton, resolved, that a committee be appointed to wait on His Excellency, Israel Pickens, Esq. late governor, informing him that the House of Representatives, did on yesterday adopt the following resolution, to wit:

Resolved, unanimously, That on the dissolution of the political connexion between Israel Pickens, late Governor of this state, and this House that we, the representatives of the people, return our grateful thanks, for the able and dignified manner in which he has discharged the duties of that important trust during the four years of his administration.

Whereupon, Messrs. Martin, and Martin of Limestone, were appointed said committee.

Mr. Baylor, from the committee on roads, bridges and ferries, to whom was referred a resolution requiring them to investigate the propriety of opening by law the range and township lines, have had the same under consideration, and beg leave to report that they deem such measure inexpedient.  Ordered, That said report lie on the table.

Mr. King introduced a bill to be entitled, an act providing for the registration of deeds, grants, &c. &c.; which was read a first time, and ordered to be read a second time on Monday next.

A bill to be entitled an act to authorize clerks of county courts to administer oaths in certain cases, was read a second time, and referred to the judiciary committee.

Mr. Davis obtained leave to introduce a bill to be entitled, an act to give Justices of the Peace jurisdiction of breaches of the peace; which was read a first time, and ordered to be read a second time on Monday next.

Mr. Warren obtained leave to introduce a bill to be entitled, an act to establish certain election precincts therein named; which was read a first time, and ordered to b read a second time on Monday next.

On motion of Mr. Barton of Tusk. Resolved, That the Judiciary Committee be instructed to inquire into the expediency of referring all applications for the emancipation of slaves to a different tribunal than that of the General Assembly.

A bill to be entitled, an act to emancipate John Robinson, a mulatto man slave, was read a second time, and ordered to be engrossed for a third reading on Monday next.

Mr. Coopwood obtained leave to introduce a bill to be entitled, an act to repeal the common law in certain cases; which was read a first time, and the question being put, "Shall this bill be read a second time?" it was decided in the negative.


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Mr. Fitzpatrick obtained leave to introduce a bill, to be entitled an act, appointing a commissioner for the town of Monticello, in the county of Pike, and for other purposes, was read a first time, and ordered to be read a second time on Monday next.

Mr. Martin, of Limestone, obtained leave to introduce a bill, to be entitled an act, authorizing the county court of Limestone county to make certain allowances therein named; which was read a first time, and ordered to be read a second time on Monday next.

A bill to be entitled an act for the relief of the principal Pilots of Mobile Bay, was read a second time, and ordered to be engrossed, and read a third time on Monday next.

 A bill to be entitled, an act to establish a permanent seat of justice in the county of Walker, and for other purposes, was read a second time and laid on the table.

A bill, to be entitled, an act to repeal an act, passed on the 24th day of December, one thousand, eight hundred and twenty-four, entitled, an act to abolish the June term of the Supreme Court, was read a second time, and committee to the judiciary committee.

A bill, to be entitled an act, to repeal an act, entitled an act, the more effectually to insure the testimony of absent witnesses, by interrogatories, was read a second time and committed to the judiciary committee.

A bill, to be entitled an act, to authorize Abel Davis, administrator of Daniel Davis, deceased, to sell real estate, was read a second time and committed to the judiciary committee.

On motion of Mr. Barton, of Mobile, resolved, that the committee on inland navigation be instructed to enquire into the expediency of amending an act passed at the last session of the General Assembly entitled an act for improving the navigation of the port and harbor of Mobile.

Mr. Creagh, from the committee appointed to wait on His Excellency, John Murphy, and request a copy of his inaugural address for the purpose of spreading it on the journal of this house, ask leave to report that they have performed that duty, and received a copy for that purpose, which is in the words and figures following, to wit:

Gentlemen of the Senate and of the House of Representatives,

It will not be matter of surprise that I appear before you on the present occasion, affected with various and deep emotions. I present myself before the representatives of the people, who are here clothed with a large portion of their power, entrusted with the support and manifestation of their dignity and justly entitled to sentiments of respect and reverence. But other considerations contribute still more deeply to impress me. I have come to pledge my devotion to my country under the highest solemnities; and to assume the discharge of a great and important trust to which I have been called by the suffrages of the people. I am about to engage to represent their power in the execution of justice; to shew their clemency in the exercise of mercy; to regard their general interests with active and patriotic solicitude; and, in some degree, to sustain the reputation of their wisdom, patriotism, and moral character, by the ability and rectitude with which I ought to discharge my official duties. These and other reflections, which might easily be added, are more than sufficient to call for a strict scrutiny of power and qualification; and to cause an anxious, though liberal inquietude lest they should be found to be greatly inadequate. For in truth nothing can be more afflicting than to disappoint the liberality of confidence, to fail in the execution of impor-


32

tant concerns, or to tarnish the reputation of our country by imbecility or misconduct in its affairs. I should hope that I were incapable on this and every other occasion of speaking with affected modesty of any incompetency which I do not feel; but I should do great injustice to myself were I to conceal the anxieties, which with me, must remain inseparable from the office which I am about to fill, I cannot hope fully to accomplish the dearest wishes of my heart. I cannot expect to rise to that eminence of public service, and weight of public character, which I would gladly claim for every Executive of the State of Alabama.  It will be readily allowed to be a proper exercise of public virtue, to fix a high standard of political character, and to infuse into every department of a civil administration, a generous ambition to attain to the excellency of that standard, at least, to make an honorable approach to it. It is the correctness of these sentiments which I might plead as the justification of my fears; for as to the minor executive duties, the ordinary routine of public service, connected with the department, they require only a good heart and a sound understanding. But to dismiss the subject, it will be sufficient to observe, that fidelity, zeal and devotion to our common interests, I dare to promise; and whatever I am, or whatever I can become, although very limited shall be devoted to the public service.

When we take a view of our situation as a community, it is pleasant to observe that nature itself has given us many important advantages: a fertile soil, a genial climate, extensive navigation, and a local position, which ensures our improvement in the future development of the great confederacy to which we are united. Our staple productions are also of the most convenient and valuable kinds. The points assailable by a public enemy, few, and easily defined; a population possessing the virtues and intelligence which characterize the several states from which they have emigrated; and very ample means of improvement in all kinds of useful learning. With these advantages, little seems to be necessary to advance the community to an honourable and prosperous standing, but the cultivation of private virtue and political integrity. Where these cardinal blessings are found, the proper improvement of all public resources may be expected as a necessary consequence; and in the possession of these redeeming circumstances, I know not whether it be possible that a community should not be prosperous and happy. A strong impulse should therefore be given, in the commencement of our institutions, in favour of private and public morals. Our policy should be established on the foundation of those virtues by which prosperity can alone be obtained or preserved. And permit me here to remark, that much of this great duty necessarily devolves on those who manage public affairs in the early stages of our progress; and thus a field is opened to them of most virtuous emulation and very exalted ambition.

It is elegantly expressed by one of the poets, that it is sweet and glorious to die for our country: - May we not be permitted with equal justice to say, that it is also most honourable to live for our country, when in the faithful management of its public concerns, we may be justly allowed to associate with our own actions, its present prosperity and future prospects of greatness and of glory. This is, indeed, the highest meed of patriotism; this the dearest and most heartfelt reward of the immortal Washington, and of the illustrious benefactors of mankind from the beginning of the world. It is difficult to conceive of a situation in life more enviable than this; nor do I suppose that it ought to be deemed arrogant or assuming, to propose to ourselves such an aim, or chimerical to imagine that such views could be accomplished. It is true, our success may only be partial; the highest success requires uncommon talents and extraordinary conjunctures: still we may taste of the nectar, although we may not be admitted the full feast of the gods. It is ill to make low and unaspiring calculations in the transaction of public business: for patriotism seems to connect with itself a generous ardour which cannot remain in a middle region; and no doubt it were better to fail of complete success in the prosecution of great designs, than to


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carry into the fullest effect a system degraded by littleness in the object and in the means. More good will unquestionably be done, although the whole plan, in consequence of human imperfection, must be suffered to remain incomplete. I am led to make these observations, not in the least degree to affect your views, but to express my own.  For I repose the proudest confidence in the exalted objects, patriotic feelings, and high intelligence of both branches of the General Assembly; and shall always be gratified, in my proper department, to co-operate and pursue, should it never be my felicity to lead in any measure contributing to the public interest. In this co-ordinate branch of the government, I have the best hope for support in the discharge of my official duties; and in a firm dependence on your liberal aid, and the direction of that Power who condescends to superintend the affairs of men, I shall cheerfully enter upon them. The executive communication, which you have received, distinguished for a masterly union of particular and general views, will render unnecessary, at the present session, much of my constitutional duty. I will, however, should occasion require it, communicate freely; and submit to your enlightened deliberation any measures which I may deem useful or expedient. I feel a strong interest in the important and arduous business which will engage you during your present session; and most devoutly wish, as I confidently expect, that your labours will be attended with every thing dignified in deliberation, and fortunate in the result; with every thing grateful to yourselves and satisfactory to the people. Permit me, honourable gentlemen, to express to you as their Representatives, the profound gratitude with  which their confidence has inspired me. I cannot want incentives to faithfulness in their cause; and such manifestation of kindness, leads me to view the charge which I am about to undertake, as more solemn and important. Permit me also to express my profound respect and esteem for both Houses of the General Assembly.

Evening Session - 3 o'clock- Ordered, that seventy-five copies of the report of the committee of privileges and elections, made on the memorial of James G. Lyon, be printed for the use of this house.

On motion of Mr. Barton, of Mobile, Resolved, That the Senate be informed, that this House is ready to proceed to the election of a Judge of the County Court of Baldwin County, pursuant to a joint resolution; and also a Judge of the County Court of Franklin County: and that the west end of the Representative Chamber be assigned for their accommodation.

On motion of Mr. Vaughan, Resolved, That the military committee be instructed to inquire into the propriety of changing the mode of electing Brigadier Generals, so that the people generally may vote for said officers.

On motion of Mr. Warren, Resolved, That a committee on inland navigation be instructed to inquire into the expediency of making an appropriation for the improvement of the navigation of the Tuscaloosa river.

A message from the Senate, by Mr. Lyon, their Secretary :

Mr. Speaker - The Senate concur in the resolution of your honourable body, proposing to go into the election of Judge of the County Court of Franklin County this evening; and then he withdrew.

Mr. Sims obtained leave to introduce a bill to be entitled, an act regulating the mode of summoning Jurors for Green County; which was read a first time, and ordered to be read a second time on Monday next.

A bill to be entitled an act to incorporate the town of Florence, was taken up and laid on the table.

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The Senate having repaired to the House of Representatives, both houses proceeded to the election of a Judge of the County Court of Baldwin county, Patrick Byrns being in nomination. Those who voted for Mr. Byrne are,

Mr. President

Powell

Broadnax

Heard

Shotwell

      Abercrombie

Skinner

Brown

Hickman

Sims

      Ash

Sullivan

Coalter

Inge

Tate

      Brown

Vanhoose

Coe

Jones

Thornton

      Casey

      Mr. Speaker

Coleman

Lambert

Tindall

      Clay

Ambrister

Conner

Lewis

Vaughan

      Crabb

Bailey of Laud.

Coopwood

Mardis

Vining

      Crawford

Bailey of Mont.

Creagh

Martin of Fra.

Walthall

      Erwin

Barton of Mo.

Davis

Martin of Lau.

Warren

      Gaines

Barton of Tus.

Dellett

Martin of Lim.

Watson

      Jackson of Au.

Baylor

Dupuy

Mead

Weissinger

      Jones

Baxter

Edmondson

McLemore

White

      McAmy

Benson

Fitzpatrick

Peyton

Williams- 73.

      Merriwether

Brandon

Fluker

Pickens

      Miller

Bridges

Hallett

Saffold

 

Patrick Byrns having received seventy-three votes, the Speaker therefore declared him duly elected Judge of the County Court of Baldwin county.

Both Houses then proceeded to the election of a Judge of the County Court of Franklin county, Gregory D. Stone being in nomination.

Those who voted for Mr. Stone are,

Mr. President

Skinner

Brown

Hickman

Sims

      Abercrombie

Sullivan

Coalter

Inge

Tate

      Brown

Vanhoose

Coe

Jones

Thornton

      Casey

      Mr. Speaker

Coleman

Lambert

Tindall

      Clay

Armbrister

Conner

Lewis

Vaughan

      Crabb

Bailey of Lau.

Coopwood

Mardis

Vining

      Crawford

Bailey of Mont.

Creagh

Martin of Fran.

Walthall

      Erwin

Barton of Mo.

Davis

Martin of Lau.

Warren

      Gaines

Barton of Tus.

Dellett

Martin of Lim.

Watson

      Jackson of Au.

Baylor

Dupuy

Mead

Weissinger

      Jones

Baxter

Edmondson

McLemore

White

      McAmy

Benson

Fitzpatrick

Peyton

Williams- 72

      Merriwether

Brandon

Fluker

Pickens

      Miller

Bridges

Hallett

Saffold

      Powell

Broadnax

Heard

Shotwell

Gregory D. Stone having received seventy-two votes, Mr. Speaker therefore declared him duly elected Judge of the County Court of Franklin county. The Senate then withdrew.

Ordered, that the House be adjourned till Monday morning 10 o'clock.