Saturday, December 3, 1825.

The Senate met pursuant to adjournment.

Mr. Crawford, from the judiciary committee, submitted the following report:

"The Committee on the Judiciary, to whom was referred the petition of George Matthews and Francis Gilmer, Administrators of George Dabney, deceased, praying that they may be authorized to sell certain real estate described in the petition; and also to whom was referred a bill to be entitled an act to authorize the Administrators of George Dabney to sell certain property therein named,- have had the same under consideration, and beg leave to submit the following report:

The act of the General Assembly, passed December 27, 1822, affords the relief sought by the petitioners, but has given cognizance of such cases to a different tribunal.  They, therefore, recommend the adoption of the following resolution.

Resolved, That it is inexpedient for the Legislature to afford the relief sought by said petitioners;" which was concurred in.

Mr. Sullivan presented the memorial of John wood, praying a rehearing in the case of the contested election between himself and John Brown; and that further time may be allowed him to take testimony; which was ordered to lie on the table.

Mr. Vanhoose introduced a bill to be entitled, an act to repeal in part and amend an act entitled an act, to increase the compensation of jurors. passed December 31, 1823; which was read the first time, and ordered to be read the second time on Monday next.

Mr. Clay introduced a bill to be entitled, an act to repeal in part and amend an act, to alter the time of appointing overseers of roads; which was read the first time.  Ordered, That the bill be made the order of the day for a second reading on Monday next.

Mr. Miller introduced a bill to be entitled, an act to repeal an act appropriating the monies arising from fines and forfeitures in Madison county, to Green academy; which was read the firs time, and ordered dot be read the second time on Monday net.

Mr. Jackson, of Aut. offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into the expediency of so amending the 8th section of the act of 1807, chapter 1, so as to make the willful and malicious burning of any saw or grist mill constitute the crime of arson; which was adopted.


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Mr. Miller, from the special committee to which was referred the bill to be entitled, an act to alter the lien of Jackson and Madison counties, 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 on Monday next.

A message from the House of Representatives, by Mr. Tunstall their clerk:

Mr. President- The House of Representatives have adopted the following resolution, in which they ask your concurrence:

Resolved, That a committee of three members be appointed on the part of this House, to joint such committee as may be appointed on the part of the Senate, to examine and inspect such general account in the books of the Bank of the State of Alabama as relate to the statement furnished by the President of said Bank, to both branches of the General Assembly, with full power to send for persons and papers, in conformity with the provisions contained in the 12th section of an act, passed 30th December, 1823, entitled an act to establish the Bank of the State of Alabama.  They have appointed on their part Messrs. Hallett, Creagh, and Mardis.

Ordered that the Senate concur in the said resolution; whereupon Messrs. Jackson of L. Gaines and Crawford were appointed a committee on the part of the Senate. Ordered the secretary inform the House of Rep. thereof.

Mr. Abercrombie presented the memorial of John Scott in which he offers as a donation to the state, 240 acres of land, in the town of Montgomery, upon which to locate the seat of government, which was read and ordered to lie on the table.  Mr. Crawford moved to take up the bill to be entitled an act, permanently locating the seat of government of the state of Alabama, which was carried- yeas 11- nays 10.

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

Mr. President

Clay, Crabb

Jackson of L.

Merriwether

Skinner

Brown

Crawford

McCamy

Powell

Vanhoose- 11

Those who voted in the negative, are

Messrs. Ash

Bagby

Gaines

Jackson of A.

Miller

Abercrombie

Casey

Irwin

Jones

Sullivan- 10

Mr. Crawford then moved to amend the bill by striking out all after the enacting clause, and inserting in lieu thereof the following That the town of ______ be, and the same is hereby designated at the permanent seat of government, and that from and after the end of the present session of the general assembly, the sessions of the said general assembly shall be held in the said town of  _______ as established and limited by this act, which was adopted- yeas 11-nays 10.

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

Mr. President

Clay, Crabb

Jackson of L.

Merriwether

Skinner

Brown

Crawford

McCamy

Powell

Vanhoose- 11

Those who voted in the negative, are

Messrs. Ash

Bagby

Gaines

Jackson of A.

Miller

Abercrombie

Casey

Irwin

Jones

Sullivan- 10

So the amendment was adopted.

Mr. Sullivan offered the following amendment to the bill: Sec.

And be it further enacted, That the temporary seat of government shall be and remain at Cahawba, until suitable buildings and accommodations can be provided at ________ When the Governor, for the time being, shall, by proclamation, be authorized to make known the fact, and required the general assembly to convened, on the day appoint-


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ed for their next session thereafter, at the said town of which was rejected- yeas 7, nays 14.

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

Messrs. Bagby, Casey, Gaines, Irwin, Jackson of A. Jones, Sullivan- 7.

Those who voted in the negative, are

Mr. President

Brown

Crawford

Merriwether

Skinner

Abercrombie

Clay

Jackson of L.

Miller

Vanhoose- 14.

Ash

Crabb

McCamy

Powell

Mr. Jackson of Laud. offered the following amendment to the bill; Sec. 2.  And be it further enacted, That the corporate limits of the town of _________ be, and the same are hereby, extended so as to include fractional sections 21 and 22, and sections 23, 26, 27 and 28, in township 21 and range 10, west of the basis meridian of Huntsville.

Mr. Casey moved that the bill, together with the amendment, lie on the table; which was lost.

The question was then put on the adoption of the amendment offered to the bill by Mr. Jackson of L. and determined in the affirmative - yeas 12, nays 9.

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

Mr. President

Crabb

Jackson of L.

Merriwether

Skinner

Brown

Crawford

McCamy

Powell

Vanhoose - 12.

Clay

Gaines

Those who voted in the negative, are

Messrs. Ash

Babgy

Irwin

Jones

Sullivan- 9.

Abercrombie

Casey

Jackson of A.

Miller

So the amendment was adopted.  Ordered, That the bill be engrossed and made the order of the day for a third reading on Monday next.

A bill to be entitled an act, for the relief of Hiram Shortridge, was read the second time and ordered to the be engrossed for a third reading on Monday next.

Mr. Bagby called up the report of the special committee, to whim was referred so much of the Governor's message as relates to the permanent location of the seat of government.

Mr. Clay moved that the Senate concur in the first resolution reported by said committee - which is as follows: Resolved, That the seat of government ought not to remain at the town of Cahawba, after the end of the present session of the general assembly; which motion was determined in the affirmative-yeas 12, nays 9.

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

Mr. President

Crabb

McCamy

Miller

Skinner

Brown

Crawford

Merriwether

Powell

Vanhoose

Clay

Jackson of L.

Those who voted in the negative, are

Messrs. Ash

Bagby

Gaines

Jackson of A.

Sullivan- 9.

Abercrombie

Casey

Irwin

Jones

So the resolution was concurred in.

Mr. Crawford moved that the Senate concur in the second resolution reported by said committee- which was as follows: Resolved, That it is inexpedient to appoint commissioners to procure a tract of land, whereon to found an entire metropolis; which motion was determined in the affirmative- yeas 12, nays 9.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. President, Abercrombie, Brown, Clay, Crabb, Crawford, Jackson of L. McCamy, Merriwether, Powell, Skinner, Vanhoose- 12.

F.


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Those who voted in the negative, are Messrs. Ash, Bagby, Casey, Gaines, Irwin, Jackson of A. Jones, Miller, Sullivan - 9.  So the second resolution was concurred in.

Mr. Sullivan moved to take up the memorial of John Wood; which was carried.  Mr. S. then moved to refer it to a special committee.

And then the Senate adjourned till Monday morning 10 o'clock.