Saturday, Dec. 31, 1825.  The Senate met pursuant to adjournment.

Mr. Casey from the committee on roads, bridges and ferries, to whom was referred a bill to be entitled an act to amend an act entitled an act to establish a certain read therein named, reported the same without amendment.  Ordered that the bill be recommitted to a special committee consisting of Messrs. Clay, Vanhoose and Powell to consider and report thereon.

Mr. Casey from the same committee to whom was referred a petition on the subject, reported a bill to be entitled an act to establish a ferry and appoint commissioners to lay out a road there named, which was read and ordered to be read the 2d time on Monday next.


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Mr. Powell from the joint committee on enrolled bills, reported as correctly enrolled, an act to authorize the appointment of a clerk of the supreme court and for other purposes, which was signed by the President of the Senate.

On motion of Mr. Abercrombie, Ordered that the Edmond Randle, one of the executors of Willis Randle, dec. have leave to withdraw his petition.

Ordered That John Robinson have leave to withdraw his bill of sale.

Mr. Jackson of A. introduced a bill to be entitled an act to amend the 8th section of an act entitled an act for the punishment of crimes and misdemeanors, which was read and ordered to be read the 2d time on Monday next.

Mr. Sullivan offered the following resolution, Resolved that the committee on roads, bridges and ferries be instructed to inquire into the expediency of having laid out a state road from the south-eastern part of the state, leading by Perry court-house, to the town of Tuscaloosa, which was adopted.

A message from the House of Representatives by Mr. Tunstall their clerk: Mr. President, the House of Representatives have read a third time and passed bills, which originated in their house, entitled an act for the relief of James Frazier, late tax collector of Franklin county; An act to authorize the county courts of Henry and Dale counties to levy a tax on said counties for certain purposes therein named; 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 extend the criminal jurisdiction of St. Clair county into the Cherokee nation, contiguous thereto and for other purposes; an act respecting rents in the city of Mobile; and An act to repeal an act entitled an act restricting the recovery of claims against the counties respectively in certain cases, passed Dec. 9, 1823; in all of which they desire your concurrence.

Bills from the House of Representatives, entitled an act for the relief of Jas. Frazer, late tax collector of Franklin co'y; 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 extend the criminal jurisdiction of St. Clair county into the Cherokee Nation contiguous thereto, and for other purposes; and an act respecting rents in the city of Mobile- were severally read the first time and ordered to a second reading on Monday next.  A bill from the House of Representatives, entitled an act to repeal an act entitled an act restricting the recovery of claims against the counties respectively, in certain cases, passed, December 8, 1823, was read the first time.   Mr. McCamy moved that the further consideration of the bill be indefinitely postponed; which was carried.  A bill from the House of Representatives, entitled an act to authorize the county courts of Henry and dale counties to levy a tax, for certain purposes therein named, was read the first time.  The rule requiring bills to be read on three several days, being suspended by four fifths of the members present, the bill was read the second time forthwith, and referred a special committee, consisting of Messrs. Irwin, Bagby and Jones, to consider and report thereon.

Mr. Bagby called up the bill, entitled an act to amend the Charter of the Bank of the State of Alabama.

Mr. Jackson of L. moved that the bill, together with the amendment made thereto by the House of Representatives, be spread upon the journals of the Senate; which was carried- yeas 16, nays 5.


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

Mr. President

Bagby

Crawford

Jackson of A.

Merriwether

Abercrombie

Brown

Clay

Gaines

Jackson of L.

Powell

Ash

Casey

Irwin

McCamy

Skinner- 10

Those who voted in the negative, are

Mr. Crabb

Jones

Miller

Skinner

Vanhoose- 5.

The bill, as it passed the Senate, is as follows: An act to amend the Charter of the Bank of the State of Alabama.  Whereas, doubts exist as to the construction of the 12th section of an act incorporating the Bank of the State of Alabama:

Sec. 1.  Be it therefore enacted by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That, from and after the passage of this act, it shall be lawful for the general assembly, as often as they may deem it expedient, to appoint a joint committee, to consist of three members of each house; whose duty it shall to be to examine, particularly and generally, all the affairs of the bank of the State, under such injunctions as shall be imposed upon them at the time of their appointment, or at any time thereafter.

The amendment made by the House of Representatives to the above bill, was striking out all after the caption thereof, and inserting the following:- Sec. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in general assembly convened, That it shall be the duty of the Senate and House of Representatives, at every session, each and separately, to elect a joint committee, consisting of three members from each house; which shall, under the injunction of secrecy, be invested with full powers to make a thorough examination of all the books and papers of what nature or kind they may be belonging to the said Bank; of the special and notes on hand; of the notes discounted; of the applications for discount; and the said committee shall, in addition, be further invested with all the powers which the 12th section of an act to establish the Bank of the State of Alabama may now confer on the joint committee of both Houses of the general assembly.

Sec. 2.  And be it further enacted, That it shall be the duty of the said committee to report to the general assembly the amount of specie and notes on hand; the amount of notes discounted; and each and every case, (if any there be,) of a violation of the charter; of mismanagement of the concerns of said Bank; or of fraud or imposition practised by borrowers or others, on the directors or officers of the institution: Provided however, That nothing, herein contained, shall imply the right of the said committee to report to the general assembly the situation of any private debtor or creditor of the Bank, or the name of any private debtor or creditor; unless their situation or names are palpably connected with some imputed violation of the charter, mismanagement in the concerns of said Bank, or of some fraud or imposition practised on the directors or officers of the institution: Provided, also, That the said report shall be received with closed doors in each House of the general assembly; nor shall there be a private or public disclosure of the same, unless both Houses shall concur in the reports of the their respective committees; or the disclosure shall only extend to such parts of such report as to which both Houses may have concurred with their respective committees; nor then, unless both Houses shall separately agree to remove the injunction of secrecy from the members respectively.

Sec. 3.  And be it further enacted, That the injunction of secrecy, imposed on the committee aforesaid, shall not be removed, except by a joint resolution of both Houses of the general assembly.

Mr. Irwin moved that the Senate concur in the said amendment, made by the House of Representatives, to the bill; which was carried- yeas 12, nays 9.

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

Mr. Ash

Crabb

Irwin

Jones

Miller

Sullivan

Brown

Casey

Jackson of A.

McCamy

Skinner

 Vanhoose- 12

Those who voted in the negative, are Mr. President, Abercrombie,  Bagby, Clay, Crawford, Gaines, Jackson of L.  Merriwether,  and Powell- 9.


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So the amendment was concurred in.  Ordered, that the Secretary inform the House of Representatives thereof.

Mr. Gaines called up the bill to be entitled an act to provide for the removal of the Bank of the State of Alabama to the town of Tuscaloosa.

Mr. Casey moved that the bill be again laid on the table; which was lost.  Ordered, that it be referred to a special committee, consisting of Messrs. Jackson of L. Powell and Crawford.

Ordered, that the committee of accounts be discharged from the further consideration of Lewis Proctor's account, and that it be referred to the committed on propositions and grievances to consider and report thereon.

Mr. Casey called up the joint resolution for the permanent location of the Bank of the state of Alabama.  Ordered, that they be referred to the same committee to whom the bill entitled an act to provide for the removal of the Bank to the town of Tuscaloosa was referred.

Mr. Abercrombie called up the bill to be entitled an act to emancipate Nancy Powell, a slave, and her infant son Thomas.  The bill was again laid on the table for one hour.

A bill to be entitled an act reserving from sale the university lands in the county of Tuscaloosa, was read the second time.  Mr. Casey proposed an amendment to the bill, which, together with the bill, was ordered to lie on the table.

The Senate took up the consideration the report of the judiciary committee to whom was referred a resolution of the Senate, instructing them to inquire into the expediency of amending the constitution so as to provide for biennial instead of annual sessions of the general assembly, and also to make sheriffs eligible to office as long as they may be the choice of the people, which was yesterday laid on the table, and which report is adverse to the proposed amendments.  Mr. Jackson of L. moved that the Senate disagree to the report; and a division of the question being called for, it was put on disagreeing to that part of the report which relates to biennial instead of annual session of the legislature, and determined in the affirmative- Yeas 12, nays 9.

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

Mr. President, Ash, Casey, Clay, Crabb, Jackson of L. Jackson of A. Jones, McCamy, Miller, Skinner, and Vanhoose- 12.

Those who voted in the negative, are

Mr. Abercrombie, Bagby, Brown, Crawford, Gaines, Irwin, Merriwether, Powell and Sullivan - 9.  So the first part of the report was disagreed to.

The question was then put on disagreeing in that part of the report, which relates to the eligibility to office of sheriffs, and determined in the negative.  Yeas 10, nays 11.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Ash, Brown, Crabb, Irwin, Jackson of L. Jackson of A. Jones, McCamy, Merriwether and Skinner- 10.  Those who voted in the negative, are

Mr. President, Abercrombie, Bagby, Casey, Clay, Crawford, Gaines, Miller, Powell, Sullivan, and Vanhoose-11.  So the latter part of the report was agreed to.  And then the Senate adjourned till 3 o'clock this evening.

Three o'clock, P.M.  The Senate met pursuant to adjournment.

Mr. Powell, from the joint committee, on enrolled bills, reported as correctly enrolled, an act to divorce Nancy Gillespie from Andrew S. Gillespie; which was accordingly signed by Mr. President.

A bill, to be entitled an act to repeal in part and amend an act now in force to regulate the proceedings in the courts of law and equity in


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this state, was read the second time.  Mr. Bagby moved that the further consideration of the bill be indefinitely postponed; which was carried- yeas 12, nays 6.

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

Mr. President, Ash, Bagby, Brown, Casey, Crawford, Gaines, Jones, Merriwether, Powell, Skinner and Vanhoose- 12. Those who voted in the negative are Mr. Crabb, Irwin, Jackson of A. Jackson of  L. McCamy and Miller- 6.

So the further consideration of the bill was indefinitely postponed.

Bills of the following titles, to wit: an act to incorporate the trustees of Lafayette Academy, in the village of  Lagrange; an act to extend the corporate limits of the town of Moulton, and for other purposes; an act to provide for the appointment of a public weigher in the town of Blakely; an act to authorize certain persons therein named to raise, by lottery, a certain sum of money, for the purposes therein contained; and a joint resolution memorializing congress, in relation to certain public works therein named; and also, a joint resolution relating to the boundary line between the state of Alabama and the state of Georgia- were severally read the second time and ordered to a third reading on Monday next.  A bill, to be entitled an act for the relief of the inhabitants of the first township, seventh range, east of the basis meridian of Huntsville, was read the second time and ordered to lie on the table. A bill, to be entitled an act to establish certain election precincts therein named, was read the second time, amended, and ordered to lie on the table.  A bill, to be entitled an act regulating elections, was read the second time and referred to the committee on the judiciary, to consider and report thereon.

Bills to be entitled an act concerning justices of the peace and constables in Mobile county; An act making provision for the accommodation of the next general assembly; and An act altering the time of holding the county court of the county of Greene, were severally read the 2d time & ordered to be engrossed for a 3d reading on Monday next.

Mr. Jackson of A. called up the bill to be entitled an act to establish certain election precincts therein named. The bill was further amended, and ordered to a third reading on Monday next.

A bill to be entitled an act to repeal in part and amend an act affixing the salaries of certain officers therein named, was read the 2d time and ordered to be engrossed for a 3d reading on Monday next.

A bill to be entitled an act to establish and incorporate the town of Summerville, in the county of Morgan, was read the second time, and referred to a special committee, consisting of Messrs. Crabb, Jackson of La. and Miller, to consider and report thereon.

A bill to be entitled an act, to compel the owners of hired slaves to pay physicians fees, was read the second time.

Mr. Jackson of La. moved that the further consideration of the bill be indefinitely postponed; which was lost.  Ordered, that it be referred to the judiciary committee.

A bill from the House of Representatives, entitled an act for the relief of Henry Fontaine, was read the third time and passed.  Yeas 12 nays 8.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Ash, Casey, Clay, Crabb, Gaines, Irwin, Jackson of A. Jones, McCamy, Powell, Skinner, Vanhoose, 12.  Those who voted in the negative, are Messrs. President, Abercrombie, Bagby, Brown, Crawford, Jackson of L. Merriwether, Miller, 8.  Ordered, that the bill be returned to the House of Representatives.


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Engrossed bill to be entitled an act giving additional compensation to the solicitor of the first judicial circuit, was read the 3d time and passed.  Ordered that the title of the bill be as aforesaid, and that it be sent to the House of Representatives for concurrence.

Joint resolution instructing our Senators & Representatives in Congress to use their best endeavors to procure the passage of a law to reduce the price of public lands after they have been offered at public auction, and 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, was read the 2d time and ordered to be engrossed for a 3d reading on Monday next.

A bill to be entitled an act to provide for the improvement of the navigation of certain rivers therein named was read the 2d time, amended on Mr. Clay's motion, and ordered to be engrossed for a 3d reading on Monday next.

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