Thursday, Jan. 12, 1826. The Senate met pursuant to adjournment.

The following document was submitted, & ordered to be spread upon the journals. The undersigned members of the Senate who were in the minority on the adoption


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of the amendment made by the House of Reps. to the bill entitled 'an act to amend the charter of the Bank of the State of Alabama,' and who were also in the minority on the passage of said bill, avail themselves of the privilege secured to them by the constitution, of shewing to their constituents, and to the public, the reasons by which they were governed.

One hundred thousand dollars borrowed by the State; the University funds to the amount of one hundred thousand dollars; all the funds given by the United States to the state of Alabama for making roads, canals, and improving the navigation of rivers, together with other funds, have been invested in the Bank of the State; and the faith and credit of the State are pledged for all losses which may be sustained.  These funds, in the event of losses, can be reimbursed only by taxes imposed upon the people.  Can it be possible that the funds of the state were placed in a bank, and the faith and credit of the state pledged for its support, and yet that no means were provided to which the people or their representatives could ascertain the true situation of that bank?  To admit this defect in the charter of the bank would be, in the opinion of the minority, to charge its founders with a derelection of duty and a disregard of the rights and best interests of the people.

It is provided in the 12th section of the charter 'that it shall be their duty of the president and directors to furnish to the general assembly within the first week of every session, statements of the amount of capital stock of said corporation and of the debts due to the same; of the monies deposited therein; of the notes in circulation, and of the cash on hand; together with all other property of said bank, both real and personal And the general assembly shall have a right to inspect such general accounts in the books of the bank as shall relate to the said statement; and shall whenever it may be deemed necessary appoint a joint committee of both houses of the general assembly for that purpose, with full power to send for persons and papers.'  To the minority it appears that the forgoing language is so plain that it cannot be misunderstood, and that the powers granted are so ample that nothing touching the interests of the people is shielded from the scrutiny of their Representatives.  But if a doubt could exist as to the extended the powers of the general assembly over the bank of the state, that doubt is removed by the interpretation of the charter given by the president and director of that institution, and also by both houses of the general assembly.

The president and directors, in their annual statement, use the following language: “as great anxiety must necessarily be felt throughout the country, respecting the condition and operations of the institution, perhaps no statements of reports from the board itself, however fully or carefully drawn up, will, at all times, give entire satisfaction.  The general assembly has, very properly reserved to itself the right of examing, by a joint committee, the general accounts and bonds of the bank relating to such statement, wherever it may be deemed necessary.  If such committee should now be appointed, it would be a matter of much gratification to the directors, and they should, very respectfully, suggest the propriety and policy of making it an established custom to appoint, at each session of the general assembly, joint committee, to inspect the books and examine the operation of the bank.  This might be efficacious in preventing or detecting, at any early period, any mismanagement of its affairs, and would tend greatly to preserve the character of the institution; and while its funds are prudently and honestly administered, of securing to it that public confidence which is essential to make it extensively useful to the state.”  The two houses of the general assembly, in obedience to law, and according to the expressed wishes of the president and directors, appointed a joint committee, for the purpose of examining the bank, “with full powers to sent for persons and papers.” After the resistance of the president and directors to the examination which they had invited, and which they say the general assembly has wisely reserved to themselves the power to make, each house of the general assembly adopted the following resolution, viz: “Resolved, that the general assembly have the right to inspect, by a joint committee, all the books of the bank, and all the evidences of debt due to that institution.”

If the general assembly have the power, under the charter of the bank, to inspect all the books of the bank, and all the evidences of debt due to that institution, where is the necessity of an act of the legislature to give them this power?  Not perceiving the necessity of passing a law to give a power already given, the minority would feel themselves constrained, if there were no positive objections to the amendment, and to the bill, to vote in the negative.  But in the opinion of the minority there are insuperable objections to the amendment.   The amendment contains a provision in the following words, viz: "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, unless their situation or names are palpably connected with some violation of the charter, mismanagement in the concerns of the bank, or of some fraud or in position practices on the directors or officers of the institution" This amendment proposes the appointment of a joint committee to inspect the affairs of the bank, and yet restrains that


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committee from making a full report upon the situation of the bank even to the Houses. A committee is to be raised to investigate but is prohibited from communication even to those by whom it is created the full result of their investigation.  Is the investigation to be made for the purpose of satisfying a committee, or for the purpose of satisfying the representatives of the people?  The people cannot be satisfied when their representatives are not permitted to see nor to know.  are the committee exclusive judges of fraud and mismanagement?  Are a few of the representatives of the people entitled, as a matter of grace and favor, to know more of that which concerns the general welfare than others representing a different portion of the people?  These interrogatories must be answered in the affirmative before any member should, in the opinion of the minority, assent to the adoption of this amendment.  It most materially concerns the public to ascertain whether the debtors to the state bank be solvent or insolvent.  But if the committee be permitted to ascertain that any of the debtors to the state bank are insolvent, yet the fact ascertained by them cannot be communicated to the representatives of the people unless the insolvency be connected with palpable fraud.  In the opinion of the minority it is altogether immaterial so far as relates to the revenue of the state, whether any part of its funds be in the hands of insolvents with or without the use of fraud.  If taxes should be imposed upon the people to reimburse the funds which have been placed in the bank, and for which the public faith and credit are pledges, it is not perceived that the burdens would be the lighter by their being the result of ignorance rather than of fraud.  The history of other banks warns us of the dangers which await this institution.

The Darien bank, one half of the stock of which is owned by the state of Georgia, has made doubtful debts to an amount exceeding four hundred thousand dollars, and has sustained a loss by bad debts to the amount of three hundred and sixty thousand dollars.  The Eagle bank of New-Haven which lately failed, had a capital of sic hundred thousand dollars, and was found on an investigation to have made doubtful debts to the amount of one million six hundred and forty thousand dollars. The stock-holders in those banks reposed in deceitful security until awakened by the falling ruins of those institutions.  The directors of the Darien bank appointed by the state had no direct interest in the welfare of the institution, the operations of which they controlled.

The Directors of the state bank of Alabama have no direct interest in the well being of the institution over which the preside.  If losses are sustained by the bank, they are borne not by the directors who manage it, but by the people.  It, therefore, behoves the people, the stockholders in this institution, to look well to its management; to exert their power over this institution, while it is yet worthy of preserving.

Limited as is the report permitted to be made by the committee to the house, yet this report is to be shrouded with darkness.  An almost impenetrable veil is to be hung over the transactions of this bank.  Its actings and doings are to be concealed from the authors of its being; and those who vote nurtured and supported it, are to be treated as aliens and as unworthy of confidence.  The amendment takes away from the Senate the control over its own proceedings.  The Senate cannot dispose of a report made to it by its own committee.  If the Senate should unanimously be f the opinion that the public good required that publicity should be given to the report, yet they are restrained by this amendment unless the House of Representatives should consent to remove the injunction of secrecy.  The assent of the Governor is also necessary because it must be removed by a joint resolution, and by our constitution all joint resolutions must be signed by the governor.  Thus the secret 'how the people's money has been disposed of' is to be kept form the people's view.  The minority well recollect, when in times of war and danger the proceedings of both Houses of Congress were secret.  But they can fond no precedent for an injunction of secrecy, imposed or removed by joint resolution; much less one requiring the concurrence of the executive.  It is believed that not a single instance can be found in which one branch of a Legislature ever permitted another to have control over its secret proceedings.  In a republican government so much secrecy forbodes ill.

But there are still stronger objections to the amendment.  In the opinion of the minority it violates the charter of our rights.  By the 16th section of the third article of the constitution it is provided "That each House may determine the rules of its own proceedings; punish members for disorderly behaviour, and with the consent of two thirds, expel a member.

The appointments of committees, and the mode of their appointment belong to each house exclusively of the other.  This amendment purposes to regulate by law the appointment of a committee in each House.    Both the House of Representatives and the governor are permitted to participate in the exercise of a power which by the constitution is given exclusively to the Senate.  The power given by the constitution to each House, “to determine the rules of its own proceedings,” cannot according to the terms used in that instrument be transferred, nor could the Senate, in the opinion

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of the minority if there were no constitutional impediment, consistently with a due regard to its rights and dignity, consent to this exercise of power ever its proceedings by the co-ordinate branches of the government.

If the bill above mentioned should become a law, would not the Senate still have the power "to determine the rules of its own proceedings, and to regulate the appointment of all or any of its committees?  The constitution has given that power to the Senate, and it cannot be taken away by law.  The law would therefore be null and void.

The undersigned members of the Senate, being the minority cannot forbear to advert to the situation of the two Houses, if this bill should be come a law.  They have already appointed a joint committee to examine into the situation of this bank.  The Senate have been informed by the House of Representatives that they have appointed a special committee for the same purpose.  If this bill should become a law, and a committee be appointed under it, there will be two joint committee of both Houses, and a special committee of the House of Representatives, for the purposes of examining into the state and condition of the bank.  This is a situation of things which, in the opinion of the minority ought to be avoided.

The undersigned members of the Senate, here take the liberty to state the reasons which influenced them in their votes against the resolution from the House of Representatives for the appointment of a select committee.”  By the charter of the bank, a select committee can be appointed only on the application of the comptroller when in his opinion the transactions of the bank or any particular circumstances relating thereto shall require it.  The comptroller has not applied for the appointment of a select committee it cannot, therefore, be appointed in pursuance of law.  All the powers of the two Houses are defined by the constitution, and all powers, not granted in that instrument are reserved to the people.  No power is by that instrument given to either or both of the Houses, except that of determining their own rules of proceedings, punishing contempts &c. judging of the qualification, election and returns of their own members, and that of passing laws as co-ordinate branches of the legislature.  If the two Houses can resort to an unknown and undefined source of power not derived from any part of the constitution, for the appointment of a select committee.  The constitution itself is no barrier to the exercise of despotic power.  Power implied from doubtful words has been considered dangerous to liberty.  But an implication of power against the express letter of the constitution is entirely subversive to the rights and liberties of the people.  There are other reasons which influenced the minority in their vote against the resolutions from the House of Representatives, for the appointment of a select committee.  Those resolutions propose an oath to be administered by the President of the Senate and speaker of the House of Representatives to the members of the committee.  There is no law authorizing the President and Speaker to administer an oath, nor requiring that an oath should be administered to the members or any committee. The administration of an oath without the authority of law would be a solemn mockery, to which the undesigned members cannot give their assent.  To require an oath by resolutions to which the assent of one of the co-ordinate branches of the legislature is not asked, is an assumption of now or for which they are nor prepared.

The foregoing reasons for the conduct of the minority are respectfully, submitted, in the manner prescribed by the constitution, to the consideration of their fellow citizens.  They do not impute any misconduct to those who have thought and acted differently from themselves.  Their only object is to vindicate the course which they duty and their conscience have led them to pursue.

(Signed)

NICHOLAS DAVIS,

JAMES JACKSON,

WM CRAWFORD,

MATTHEW CLAY,

A.P. BAGBY

JAS. ABERCROMBIE.

I concur in the foregoing, but voted for the bill explaining the 12th section of the charter of the bank of the state of Alabama, in order that the doubts of others might be removed.

GEO. S. GAINES.

Mr. Jackson of La. from the committee on the Bank of the state, to whom was referred a resolution instructing them to enquire into the expediency of establishing a branch of the Bank of the state of Alabama at Huntsville, reported that it is inexpedient to establish a branch of the Bank of the state at this time, which was concurred in.

A message from the House of Representatives, by Mr. Tunstall, their clerk: Mr. President, the House of Rep's. have adopted the following resolution, in which they desire your concurrence: Resolved by the House of Representatives with the concurrence of the Senate, that the injunction of secrecy on the two Houses, in relation to the report of the joint committee, appointed to investigate


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the situation and condition of the Bank of the state of Alabama, be removed and that the report of the said committee be entered on the journals of each House.

Ordered that the resolution lie on the table.

Mr. Vanhoose from the special committee to whom was referred a bill entitled an act to authorize Wm. H. Ragsdale and his associates to turnpike a road therein specified, reported the same as amended.  The bill was then read a 3d time as amended and passed.  Ordered that the secretary acquaint the House of Representatives therewith.

A bill to be entitled an act to alter the time of holding the general elections in this state, was read the 2d time.  Mr. McCamy moved that the bill lie on the table till eh first day of June next, which was lost- yeas 7, nays 8.

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

Mr. Abercrombie,

Ash,

Jones,

McCamy,

Miller,

Skinner,

Sullivan 7.

Those who voted in the negative, are Mr. President, Bagby, Brown, Casey, Clay, Crabb, Jackson of L. Vanhoose- 7.

Mr. Casey introduced the following resolution: Resolved by the Senate and House of Representatives of the state of Alabama in general assembly convened that the injunction of secrecy imposed by an act passed at the present session entitled an act to amend the charter of the Bank of the state of Alabama, on the report of the joint committee appointed to examine said Bank, be and same is hereby removed, and that 250 copies of the report aforesaid be printed for the use of the general assembly, which was read: the rule requiring joint resolutions to be read on three several days being dispensed with, the resolution was read a 2d and 3d time forthwith and passed.  Ordered that the same be sent to the House of Representatives for concurrence.

A message from the House of Representatives, by Mr. Anderson: Mr. President, the H. of R. have read three times and passed bills which originated in the Senate entitled an act to class and fix the price of the University lands; An act for the relief of John H. Campbell; An act to authorize sheriffs to serve notices, and have amended the same in the manner herewith shewn, in which amendment they desire your concurrence; An act to amend an act entitled an act concerning dower; An act for the better selection, drawing & summoning jurors; They recede from their amendments to the bill entitled an act to provide for holding two terms of the Supreme court and for other purposes; They have read three times and passed a bill which originated in the Senate entitled an act for the relief of the tax collector of Lawrence county, and have amended the caption of the same; and An act for the for relief of Wm. Holbrooks.  They have red three times and passed bill, which originated in their House entitled an act to incorporate an artillery company in the town of Montgomery, to be styled the Washington artillery company, and for other purposes; Resolution authorizing the Governor to procure certain maps and books for the use of the executive office, in which they desire your concurrence.  They concur in the amendments made by the Senate to the bill entitled an act to appoint commissioners to lay out two roads from the ford of Line creek, the one to Coffeeville, the other in Tuscaloosa, passed Dec. 31, 1822.  Ordered that the Senate concur in the amendments made by the House of Rep's to the bill entitled an act to authorize sheriffs to serve notices, and that the secretary inform the H. of R. thereof.

A bill from the House of Representatives entitled an act to incorporate an Artillery company in the town of  Montgomery, to be styled the Washington artillery company, and for other purposes, was read a first time.  Ordered that the bill lie on the table till the first day of June next.

Joint resolution authorizing the Gov. to procure certain maps and books for the use of the Executive office of this state, was read, & the rule requiring joint resolutions to be read on three several days being dispensed with, it was read a 2d and 3d time forthwith and passed.  Ordered that the secretary inform the House of Representatives thereof.

Mr. Jackson of La. called up the resolution instructing our Senators and re-


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questing our 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, &c. Ordered that the Senate concur in the amendments made by the House of R. to the said resolution.  Ordered, that the secretary inform the H. of Representatives thereof.

Mr. Crawford moved to reconsider the vote of the Senate on the question to postpone indefinitely a bill entitled an act to emancipate certain slaves therein mentioned which was carried-yeas 11, nays 8.

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

Mr. President

Bagby

Clay

Crabb

Gaines

Powell

Abercrombie

Brown

Crawford

McCamy

Vanhoose 11.

Those who vote voted in the negative, are

Mr. Ash,

Casey,

Jackson L.

Jones,

Merriwether

 Miller

Skinner

Sullivan- 8.

The rule requiring bills to be read on three several days being dispensed with, the bill was then read a 2d time.  Mr. Abercrombie moved to amend the bill by striking out all after the 1st section, which was carried.  The rule being further dispensed with, the bill was read the 3d time as amended & passed, yeas 11, nays 8.

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

Mr. President

Bagby

Clay

Crabb

Gaines

Powell

Abercrombie

Brown

Crawford

McCamy

Vanhoose 11.

Those who voted in the negative, are

Mr. Ash

Jackson of L.

Merriwether

Skinner

Sullivan 8.

Casey

Jones

Miller

So the bill was passed. Ordered, that the secretary inform the House of Representatives thereof.

A bill to be entitled an act to provide for the trial of officers in the militia of this state; an act to authorize clerks and magistrates to collect costs in certain cases; and a joint resolution authorizing the Governor to order the quarter-master general of this state to deliver sixty stand of arms, of those belonging to the state, to the Independent Blues of Mooresville, Limestone county- were severally read the 3d time and passed.  Ordered, that the secretary inform the house of Representatives thereof.

Engrossed bill, to be entitled an act allowing to Jaret Brandon a certain sum of money, for expenses incurred in apprehending William Walker, charged with negro stealing, was read the third time and passed.  Ordered, that the title of the bill be as aforesaid, and that it be sent to the House of Representative for concurrence.

Mr. Crawford, from the committee on the judiciary, to whom was referred a bill to be entitled an act requiring the judges of the circuit courts to alternate, and for other purposes, reported the same as amended; which was concurred in.  Ordered, that the bill be read the third time to-morrow.

Mr. Crawford, from the same committee, to whom was referred a bill to be entitled an act to alter and amend an act entitled an act for the collection of monies due the state, and for other purposes, and an act supplementary thereto, reported the same without amendment- The bill was then read the third time, and ordered to lie on the table.

An engrossed bill, to be entitled an act to repeal an act therein named, and for other purposes therein named, was read the third time, and ordered to lie on the table till the first day of the next session of the general assembly.  A bill, to be entitled an act to amend the laws now in force in relation to the duties of county treasurers in this state, was read the third time, amended, and passed.  Ordered, that the secretary


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inform the House of Representatives thereof.  A bill, to be entitled an act respecting buoys and other land marks in the Bay of Mobile, was read the third time and passed.  Ordered, that the secretary inform the House of Representatives thereof.

Mr. Jackson of L. from the committee on the Bank of the State, to whom was referred the bill to be entitled an act to fix the salary of the President of the Bank of the State of Alabama, reported the same as amended, by striking out the 2d section of the bill, which increases the salary of the comptroller of public accounts, 500 dollars; and by inserting another section in lieu thereof, giving the treasurer, secretary of state and comptroller, 1250 dollars each, in lieu of the salary now allowed by law, and giving to the judges of the supreme court, in addition to their salary as judges of the circuit courts, 25 dollars each, for holding two terms of the supreme court, per annum; and also by adding thereto an additional section.  The question as put on concurring in that part f the report of the committee relating to the salary of the treasurer, secretary of state, and comptroller, and determined in the affirmative. The question was then put on concurring in the amendment proposed by the committee to the bill, giving to the judges of the supreme court 250 dollars for holding two terms of the supreme courts, and decided in the negative- yeas 4, nays 15.

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

Mr. President

Bagby

Crawford

Gaines-4

Those who voted in the negative, are

Mr. Abercrombie

Casey

Jackson of L.

Merriwether

Skinner

Ash

Clay

Jones

Miller

Sullivan

Brown

Crabb

McCamy

Powell

Vanhoose 15.

The following is the additional section proposed by the committee, as an amendment to the bill: And be it further enacted, that no member of the general assembly shall, during the time for which he shall have been elected, become indebted to the Bank of the State of Alabama, either directly or indirectly: Provided, that this act shall not be construed to prevent any member from renewing any note which he may have had previously discounted” Mr. Crabb moved to amend the amendment proposed by the committee, by striking out the proviso to the above section; which was lost- yeas 8, nays 11.

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

Mr. Ash

Crabb

McCamy

Skinner

Sullivan-8

Casey

Jones

Miller

Those who voted in the negative, are

Mr. President

Bagby

Crawford

Jackson of L.

Powell

Abercrombie

Brown

Clay

Gaines

Merriwether

Vanhoose 11

Mr. Casey offered the following amendment to the amendment proposed by the committee: Provided, further, that this act shall not be so construed, as to prevent those members of the present general assembly, who have not already borrowed from the bank, obtaining a loan; which was carried- yeas 14, nays 5.

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

Mr. Ash

Casey

Jackson of L.

Merriwether

Sullivan

Bagby

Crabb

Jones

Miller

Vanhoose 14

Brown

Gaines

McCamy

Skinner

Those who voted in the negative, are

Mr. President

Abercrombie

Clay

Crawford

Powell 5

Mr. Sullivan moved to amend the amendment proposed by the committee to the bill, with the following: Provided, further, that no member of the general assembly shall recommend applicants for discounts in said bank;” which was rejected- yeas 7, nays 12.

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150

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

Mr. Abercrombie,

Ash,

Casey,

Jones,

McCamy

 Powell,

Sullivan- 7

Those who voted in the negative, are

Mr. President

Clay

Crabb

Gaines

Merriwether

Skinner

Bagby

Brown

Crawford

Jackson of L.

Miller

Vanhoose 12

The question was then put on the adoption of the section proposed by the committee as an amendment to the bill, as amended by Mr. Casey's motion, an carried- yeas 16, nays 3.

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

Mr. President

Bagby

Crawford

Jones

Powell

Abercrombie

Casey

Gaines

Merriwether

Skinner

Ash

Brown

Clay

Jackson of L.

Miller

Vanhoose 16

Those who voted in the negative, are Mr. Crabb, McCamy Sullivan- 3

The bill was then read a third time as amended, and passed- yeas 15, nays 4

The yeas and nays being desired on the passage of the bill, those who voted in the affirmative, are

Mr. President

Bagby

Clay

Jackson of L.

Skinner

Abercrombie

Brown

Crawford

Merriwether

Sullivan

Ash

Casey

Gaines

Miller

Vanhoose

Those who voted in the negative, are Mr. Crabb, Jones, McCamy, Powell- 4.

Ordered, that the title of the bill be "An act to fix the salary of certain officers therein named, and for other purposes;" and that the bill be returned to the House of Representatives.

Mr. Brown, from the committee on accounts and claims, to whom was referred a bill to be entitled an act making appropriation for certain claims against the state, reported the same as amended, by striking out the 4th, 6th, 9th, 11th, 12th and 16th sections of the bill; and by adding thereto sundry additional sections.  Ordered, that the bill amendments lie on the table.

A bill, to be entitled an act for the relief of the holders of lots in the town of Cahawba, was read the second time, and referred to sect committee, consisting of Messrs. Casey, Clay, and Bagby, to consider and report thereon; and than the Senate adjourned till 3 o'clock this evening.

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

Mr. Casey, from the special committee, to whom was referred a bill entitled an act for the relief of holders of lots in the town of Cahawba, reported the same as amended- Mr. Jackson of L. moved that the bill together with the amendment, lie on the table till the first day of the next general assembly; which was lost-yeas 7, nays 10.

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

Mr. Ash

Crawford

Jones

Merriwether

Powell 7.

Clay

Jackson of L.

Those who voted in the negative, are

Mr. President

Bagby

Casey

Miller

Sullivan

Abercrombie

Brown

McCamy

Skinner

Vanhoose 10

The report of the committee was then disagreed to.  The question was then put, shall the bill be made the order of the day for a third reading to-morrow? and determined in the affirmative- yeas 10, nays 9.

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

Mr. President

Bagby

Casey

McCamy

Sullivan

Abercrombie

Brown

Gaines

Miller

Vanhoose 10

Those who voted in the negative, are     Messrs. Ash, Clay, Crawford, Jackson of La. Merriwether and Powell.

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

Mr. President, the House of Representatives have read three times and passed a bill which originated in the Senate, entitled an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes; and have amended the same in the manner herewith shewn; in which they ask your con-


151

currence.  Also, a joint resolution removing the injunction of secrecy imposed upon the report of the joint committee appointed to examine into the affairs of the Bank of the state.  They have also read three times and passed a bill which originated in their house, entitled an act to authorize defendants to plead a failure of consideration in which they desire your concurrence.

And then the Senate adjourned till 6 o'clock this evening.

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

Ordered, that the bill entitled an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes, together with the amendments made thereto by the House of Representatives, lie on the table.

A bill from the House of Representatives entitled an act to authorize defendants to plead a failures of consideration, was read the first time.  Mr. McCamy moved that the further consideration of the bill be indefinitely postponed, which was carried.

A bill to be entitled an act to establish an office of discount and deposited of the Bank of the state of Alabama, was read the second time.  Mr. Jackson of La. moved that the bill lie on the table till the first day of the next General Assembly, which was carried- Yeas 11, nays 6.

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

Mr. President

Ash

Clay

Gaines

Jones

Sullivan

Abercrombie

Crawford

Jackson of L.

Merriwether

Vanhoose

Those who voted in the negative, are

Mr. Bagby

Casey

Crabb

McCamy

Miller

Powell

An engrossed bill to be entitled an act for the relief of the public printer of this state, was read the third time.  Mr. Bagby offered the following amendment to the bill by way of rider: And provided furthermore, that the public printer be, and he is hereby allowed thirty days in addition to the time now granted by law for printing the acts of the present session of the General Assembly, which was rejected- Yeas 9, nays 9.

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

Mr. Ash

Brown

Crabb

Miller

Vanhoose

Bagby

Casey

McCamy

Sullivan.

Those who voted in the negative, are

Mr. President

Clay

Gaines

Jones

Powell

Abercrombie

Crawford

Jackson of L.

Merriwether

The bill was then passed.  Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

A bill to be entitled an act for the relief of Henry T. Anthony, was read the second time, and ordered to be engrossed for a third reading to-morrow.

Resolution providing for the disposal of certain public property in the town of Cahawba, was read he second time.  Mr. Crawford offered an amendment to the resolution, providing for the sale of the state house and lot on which it is situated, which was adopted.  The resolution was further amended on Mr. Sullivan's motion.  Mr. Casey offered an amendment, providing for the sale of all the real property belonging to the state in the town of Cahawba, which was rejected.  Ordered that the resolution be engrossed for a 3d reading to-morrow.

Engrossed resolution to appoint commissioners to examine a suitable situation for the permanent location of the University, was read the third time and passed. Yeas 12, nays 6

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

Mr. Abercrombie

Bagby

Crawford

Jackson of L.

Miller

Sullivan

Ash

Brown

Casey

Crabb

Gaines

Jones

Those who voted in the negative, are

Mr. President

Clay

McCamy

Merriwether

Powell

Vanhoose

Ordered, that the resolution be sent to the House for concurrence.

Mr. Crawford called up resolutions instructing our Senators and requesting our Representatives in Congress to use their exertions to procure the passage of an


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act of Congress to alter the times of holding the district court of Mobile- the resolutions were then passed.  Ordered, that they be sent to the House of Representatives for concurrence.

Mr. Powell called up a bill entitled an act making appropriations for certain claims against the state.  The amendments proposed by the committee of accounts and claims to the bill, were severally read and agreed to.  The bill was further amended on Mr. Powell's and Mr. Brown's motion.  Mr. Brown moved further to amend the bill by providing for the payment of Daniel Ayres' account against the state which was lost.  Mr. McCamy offered an amendment to the bill providing for the payment of Daniel Ayres' account, which was rejected. Mr. Jackson of La. moved that the bill lie on the table, which was lost. Yeas 8, nays 10.

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

Mr. President

Bagby

Crawford

Jackson of L.

Powell- 8.

Ash

Clay

Gaines

Those who voted in the negative, are

Mr. Abercrombie

Casey

Jones

Merriwether

Sullivan

Brown

Crabb

McCamy

Miller

Vanhoose- 10

Mr. Powell, from the committee on enrolled bills, reported as correctly enrolled, An act to provide against an unnecessary detention of Grand Juries, and for other purposes; An act to provide for reviving actions of trespass; An act to amend the act entitled an act to prevent immoral and disorderly conduct at places of religious worship; an act to extend the time of appointing overseers of roads, and apportioners of hands, in this state, and for other purposes; An act concerning the Tombeckbe Bank; An act declaring Big Loss Creek a public highway; An act to authorize the commissioners of the 16th section therein mentioned to appropriate the rents thereof to the aid and support of Concord Academy; An act to repeal in part and amend an act restricting officers from taking commission on costs collected by them on executions; an act to repeal in part and amend an act to increase the compensation of jurors; an act for the adjustment of out-standing accounts, and to compel the payment into the treasury of monies heretofore, and now, detained by public defaulters, and which may hereafter be detained; An act to authorize the citizens of Sommerville to elect a justice of the peace; An act to divorce Sarah Wall from James Wail; An act to divorce William Roundtree from Sally Roundree his wife; An act divorcing certain persons therein named; an act to divorce Wm. Gates form Susannah Gates; an act to divorce Samuel Payne from his wife Elizabeth Payne; an act to divorce Louisa M. Touillett from her husband Pierre L. Trouillett; an act to regulate the navigation of certain rivers of this state by stream boats; an act to divorce Deborah Dixon from Samuel Dixon; an act to amend an act to regulate the licensing physicians to practice, and for other purposes therein named; an act the better to secure monies in the hands of clerks, sheriffs and coroners; an act to alter the times of holding the county courts in the county of Greene; an act to incorporate the trustees of Concord Academy in green county; an act giving further time to persons holding claims against their respective counties to file the same; an act for the relief of the tax collector of Mobile county; an act to repeal in part an act therein named; an act concerning justices of the peace and constables in the mobile county; an act for the better organi-


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zation of the county court of Mobile county; an act to alter the time of holding company courts martial; an act to repeal an act, passed Dec. 31, 1823, appropriating the monies arising from fines and forfeitures in Madison county to Green Academy; an act to enforce those provisions of the act entitled an act to establish a bank in the town of Mobile, which relates to voting for directors; resolution removing the injunction of secrecy imposed upon the report of the joint committee appointed to examine the bank of the state; an act to class and fix the price of the University lands; an act respecting rents in the city of Mobile, and for other purposes; an act for the relief of the tax collector of Lawrence county; an act to amend the several acts now in force respecting the town of Montgomery; an act in relation to the organization of Dale co.: all of which were accordingly signed by Mr. President.

A message from the Governor by Mr. Thornton, secretary of state:

Mr. President, 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 provide for the removal of the Bank of the state of Alabama to Tuscaloosa; an act to incorporate the Coosawda Academy in the town of Coosawda; an act to incorporate the trustees of Moulton Academy; an act to locate the seat of justice for Fayette county; an act to provide a speedy remedy against the obligors in injuction bonds; an act to amend the act entitled an act regulating judicial proceedings and for other purposes; an act to incorporate the school commissioners of the 4th township and 8th range west from Huntsville, and for other purposes; an act for the relief of David Tate and others: all of which originated in this body.

And then the Senate adjourned till to-morrow morning 9 o'clock.