Thursday, Jan. 5, 1826.  The Senate met pursuant to adjournment.

Mr. Crabb, from the military committee, to whom was referred the bill, entitled an act to alter the manner of electing major and brigadier generals, reported the same without amendment.  Ordered, that the bill be read the third time tomorrow.

Mr. Crabb, from the same committee, to whom was referred a resolution of the Senate instructing them to inquire into the propriety of forming a third regiment in the county of Jackson, reported that it is inexpedient, inasmuch as there was no evidence before the committee of the strength of the two regiments, from which the third was proposed to be formed, which was concurred in.

Mr. Crabb, from the same committee, to whom was referred so much of the governor's message as relates to the militia laws, asked to be discharged from the further consideration of the subject, which was agreed to.

Mr. Jackson of Lau. from the special committee, to whom was referred the bill, entitled an act to regulate the navigation of certain rivers in this state by steam boats, reported, the same as amended, which was concurred in.  Ordered that the bill be read the 3d time tomorrow.

Mr. Casey, from the special committee, to whom was referred the bill, entitled an act to provide for the appointment of a public weigher, in the town of Blakeley, reported the same as amended, which was concurred in.  Ordered, that the bill be read the third time tomorrow.

Mr. Clay introduced the account of Raffin Coleman against the state, which was referred to the committee on accounts and claims.

Mr. McCamy called up the engrossed bill to be entitled an act for the relief of Wm. Holbrook and Lewis Proctor.  The question was put, shall the bill pass?  and determined in the negative.  Yeas 4, nays 14.

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

Mr. Abercrombie

Brown

Crabb

Gaines

McCamy

Skinner- 6.

Those who voted in the negative, are

Mr. President,

Casey

Irwin

Merriwether

Sullivan

Ash

Clay

Jackson of L.

Miller

Vanhoose 14.

Bagby

Crawford

Jones

Powell

So the bill was rejected.  Ordered that Messrs. Holbrooks and Proctor have leave to withdraw their accounts.

Mr. Powell from the committee on enrolled bills, reported as correctly enrolled,  A joint resolution relating in the boundary line between the state of Alabama and the state of Georgia; an act concerning taxes in Mobile county; An act to provide for the payment of petit jurors in the counties of Blount, Montgomery, Mobile and Baldwin counties, and for other purposes; An act to establish a permanent seat of justice in the county of Jackson and for other purposes; An act to incorporate the town of Florence, in the state of Alabama, all of which were accordingly signed by Mr. President.

Mr. Jones called up the bill to be entitled an act to change the name of, and legitimate certain persons therein named.  The question was put, shall the bill pass?  and determined in the affirmative.  Ordered, that the bill be returned to the House of Representatives.

A message from the House of Representatives, by Mr. Tunstall: Mr. President, the House of Representatives have read three times and passed a bill which originated in the Senate, entitled an act to require security upon granting a supersedeas.  They disagree to the amendment made by your honorable body to the bill entitled an act to establish certain election precincts therein named, by


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striking from the 8th section the name of Wm. M. Middleton, and inserting “John Webb, near.”  They concur in the remainder of the amendments made by your honorable body to the bill.  They have read three times and passed bills which originated in their House, entitled an act to divorce Samuel Payne from his wife Elizabeth Payne; An act to divorce Sarah Wall from James Wall, An act to divorce Louisa Trouilett from her husband Pierre Trouillett; An act to divorce Wm. Gates from Susannah Gates; An act to divorce Naomi Pond form her husband Stephen Pond; An act making appropriations for the year 1826; And an act to exempt school master, teachers and students, from military duty, and for other purposes; in all of which they desire your concurrence. Ordered, that the bill entitled an act to establish certain election precincts therein named,  together with the amendment lie on the table.  Bills from the House of Representatives, entitled an act making appropriation for the year 1826; An act to divorce Wm. Gates from Susannah Gates; An act to divorce Sarah wall form James Wall; an act to divorce Samuel Payne from his wife Elizabeth Payne.  An act to divorce Louisa Trouillett from Pierre Trouillett; And an act to divorce Naomi Pond from her husband Stephen Pond, were severally read the first time, and ordered to be read the second time tomorrow. A bill from the House of Representatives, entitled an act to exempt school masters, teachers and students from military duty, and for other purposes, was read the first time, and the rule requiring bills to be read on three several days being dispensed with, it was read the second time forthwith.  Mr. Jackson of L. moved to strike out the 2d section of the bill, which was carried.  Mr. Powell moved that the further consideration of the bill be indefinitely postponed, which was lost.  Ordered, that it be read the third time tomorrow.  Mr. Jackson of L. offered the following resolution, resolved, that such bill as any of the members of the committee appointed to examine into the state and condition of the bank shall call be first taken up on each day, and that such bills and resolution as may be received from the House of Representatives during the session of the said committee shall not be finally disposed of in their absence, which was adopted.

Mr. Gaines introduced a bill, to be entitled an act for the relief of Wm. Holbrooks, which was read, and ordered to be read the second time tomorrow.

Mr. Miller called up the bill to be entitled an act divorcing Wm. Roundtree from Sally Roundtree.  Mr. Crawford moved that the further consideration of the bill be indefinitely postponed, which was lost.  Yeas 8, nays 10.

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

Messrs. Ash

Casey

Crawford

Merriwether

Sullivan

Brown

Clay

Gaines

Those who voted in the negative, are

Mr. President

Crabb

Jackson of L.

McCamy

Powell

Abercrombie

Irwin

Jones

Miller

Skinner

Ordered, that the bill be made the order of the day for a 3d reading tomorrow.

A bill from the House of Representatives entitled an act to authorize the judge of the county court and commissioners of revenue and roads of Lauderdale county, to levy a tax for the purposes therein specified, was read the third time and passed.   Yeas 17, nays 1.

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

Mr. President

Casey

Clay

Gaines

Jones

Powell

Abercrombie

Crabb

Irwin,

Merriwether

Skinner

Ash

Brown

Crawford

Jackson of L.

Miller

Sullivan

Mr. McCamy in the negative.  Ordered, that the bill be returned to the house of Representatives.

A bill to be entitled an act to repeal an act, entitled an act the more effectually to ensure the testimony of absent witnesses by interrogatories, was read the second time, and ordered to a third reading tomorrow.

A message from the H. of R. by Mr. Tunstall: Mr. President, the House of Representatives have adopted the following resolution, in which they desire your concurrence, Resolved, that with the concurrence of the Senate, the two houses will assembly in the Representative chamber at 7 o'clock P.M. on Friday next


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for the purpose of electing a Harbor-master and four Wardens for the port of Mobile.  Ordered that the Senate concur in said resolution, and that the secretary inform the House thereof.

An engrossed bill to be entitled an act for the better selecting, drawing and summoning grand jurors, was read the 3d time and passed. Ordered, that the title be, an act for the better selecting, drawing and summoning jurors, and that the bill be sent to the House for concurrence.

A bill to be entitled an act to amend an act to regulate the licensing physicians to practise, and for other purposes, was read the 2d time and ordered to be engrossed for a 3d reading tomorrow.

A bill from the House of Repres. entitled an act for the relief of the Mobile and Tombeckbe Banks against penalties heretofore incurred, was read the 3d time as amended and passed.  Ordered that the secretary acquaint the House of Representatives therewith.

Engrossed resolutions instructing our Senators and Representatives in Congress to use their best endeavors to procure the passage of a law to allow 37 1/2  per cent. discount upon certain cash payments heretofore made, was read the 3d time and rejected, yeas 9, nays 11.

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

Mr. President

Bagby

Crawford,

Jackson of L.

Powell-9.

Abercrombie

Crabb

Gaines

Merriwether

Those who voted in the negative, are

Mr. Ash

Casey

Irwin

McCamy

Skinner

Vanhoose- 11.

Brown

Clay

Jones

Miller

Sullivan

An engrossed bill to be entitled an act to provide for the removal of the Bank of the state of Alabama to the town of Tuscaloosa, was read the 3d time and amended by way of rider, on Mr. Powell's motion.  The question was then put shall the bill pass, and determined in the affirmative, yeas 14, nays 6.

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

Mr. President

Crabb

Jackson of L.

Miller

Vanhoose- 14.

Ash

Crawford

McCamy

Powell

Brown

Clay

Gaines

Merriwether

Skinner

Those who voted in the negative, are

Mr. Bagby

Abercrombie

Casey

Irwin

Jones

Sullivan- 6.

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

And then the Senate adjourned till 3 o'clock this evening.

Three o'clock, P.M.

The Senate met pursuant to adjournment.

Mr. Bagby presented the account of Abel Farrar, which was referred to a special committee, consisting of Messrs. Bagby, Crawford and Brown to consider and report thereon.

Bills from the House of Representatives, entitled an act establishing schools in the county of Mobile; an act to authorize Green Collier to erect a dam across Flint river, in Madison county, and for other purposes; an act to amend an act entitled an act to appoint commissioners to lay out two roads leading from the ford of Line creek --  the one to Coffeeville, the other to Tuscaloosa, passed, December 31, 1822; 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 purposes therein mentioned, and for other purposes.an act to incorporate the town of Pickens, in the county of Pickens; an act to locate permanently the seat of justice in the county of Shelby; an act to incorporate Milton Academy, in the town of Montgomery, and to empower the trustees of the same to establish a lottery of lotteries; an act to


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authorize the raising, by lottery, a sum of money, for the purposes therein specified; and an act to authorize the county court of Henry and Dale counties to levy a tax on said counties, for certain purposes herein named - were severally read the third time, and passed.  Ordered, that they be returned to the House of Representatives.  An engrossed bill, to be entitled an act to amend the eighth section of an act entitled an act for the punishment of crimes and misdemeanors, was read the third time and rejected - yeas 6, nays 12.

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

Mr. Casey

Irwin

Jones

McCamy

Miller

Skinner- 6

Those who voted in the negative, are

Mr. President

Ash

Bagby

Crawford

Merriwether

Sullivan

Abercrombie

Brown

Clay

Gaines

Powell

Vanhoose-12.

Mr. Bagby offered the following resolution: Resolved, that the judiciary committee be instructed to inquire into the expediency of abolishing capital punishments for all offences against the laws of the state, except the crimes of rape and willful murder; which was adopted. A bill, to be entitled an act to legalize the several official acts of the coroner of Decatur county in this state, was read the third time and rejected.  A bill, to be entitled an act regulating the mode of emancipating slaves, was read the third time, and the question being put, shall the bill pass?  it was determined in the negative.

Mr. Sullivan called up the bill to be entitled an act supplementary to an act appointing agents to select a certain quarter section of land for the county of Shelby, and for other counties therein named, passed, December 15, 1824, and moved that the further consideration of the bill be indefinitely postponed, which was carried.   And then the Senate adjourned till to-morrow morning 10 o'clock.