Friday, Jan. 6, 1826.- The Senate met pursuant to adjournment.

Mr. Powell, from the joint committee on enrolled bills, reported, as correctly enrolled, an act providing for the removal of certain public offices to the town of Tuscaloosa ; an act to require security upon granting a superseadeas; an act to alter and amend the several laws now in force in the state to suppress the evil practice of duelling an act to authorize Joseph Price to erect a bill dam across the Mulberry fork of Tuscaloosa river; an act to incorporate the Trustees of the La Fayette Academy, in the village of La Grange; joint resolutions memorializing Congress in relation to certain public works therein named; An act to extend the corporate limits in the town of Moulton, and for other purposes; and an act for the relief of Henry Fountain; all of which were accordingly signed by Mr. President.

Mr. Jackson of L. called up the bill to be entitled an act, to establish certain election precincts therein named.  Ordered, that the Senate recede from their amendment to the bill to which the House of  Representatives disagreed, and that they be informed thereof.  On motion of Mr. Sullivan, ordered, that Mr. Irwin have leave of absence for the remainder of the session after 12 o'clock tomorrow.

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

Mr. President, the House of Representatives concur in the amendments made by your honorable body, to the bill entitled an act to amend an act, entitled an act to establish a certain road therein named.  They also concur in the amendments made by the Senate to the bill, entitled an act to establish and incorporate the town of Sommerville, in the county of Morgan.  They also concur in your amendments to the bill, entitled an act regulating elections.  They have read three times and passed a bill which originated in the Senate, entitled an act for the relief of Thomas Hearn.  They have also read three times and passed bills which originated in their House, entitled an act the better to secure the revenue


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arising from License granted to tavern keepers and others; an act to alter and amend an act entitled an act to establish the seat of justice in the county of Autauga, passed, November 22, 1819;  an act for the relief of Joshua Wenford; an act to amend the several acts now in force respecting the town of Montgomery; an act granting to George Phillip the privilege of a private landing on the reserved lands on the town of Cahawba; an act to incorporate the Trustees of the Tuscumbia Female Academy, in Franklin county; an act more effectually to prevent establish breaking an act to repeal in part and amend an act entitled an act for the punishment of malicious mischief, passed, December 17, 1821; an act to amend the laws now in force in relation to the duties of the county treasures in this state; an act respecting buoys and other land marks in Mobile Bay; an act to establish a permanent road from Florence, in the county of Lauderdale, to Athens in the county of Limestone; a joint resolution authorizing his excellency the Governor to order the quarter-master-general of this state to deliver sixty stand of arms, o those belonging to this state, to the Independent Blues of Mooresville, Limestone county; an ac to alter the mode of appointing assessors and tax collectors; an act in relation to the organization of Dale county; an act authorizing the citizens of Sommerville to elect a justice of the peace; and an act to incorporate the New Orleans and Tuscumbia Steam Boat Company- in all the which they desire your concurrence.

Bills from the Hose of Representatives, entitled an act to alter the mode of appointing assessors and tax collectors; an act to incorporate the New Orleans and Tuscumbia Steam Boat Company; an act to authorize the citizens of Sommerville to elect a justice of the peace; an act granting to George Phillips the privilege of a private landing on the reserved lands of the town of Cahawba; an act better to secure the revenue arising from licenses granted to tavern keepers and others, an act to alter and amend an act entitled an act to fix the seat of justice in the county of Autauga, passed, November 22, 1819; an act to repeal in part and amend an act entitled an act for the punishment of malicious mischief, passed, December 17, 1821; an act to amend the laws now in force in relation to the duties of county treasurers in this state; an act to amend the several laws now in force respecting the town of Montgomery; an act respecting buoys and other land mark in Mobile bay; an act to incorporate the Tuscumbia Female Academy, in Franklin county, an act to establish a permanent road from Florence, in Lauderdale county, to Athens, in Limestone county; and a joint resolution authorizing his excellency 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 first time and ordered to a second reading to-morrow.  A bill from the House of Representatives, entitled an act in relation to the organization of Dale county, was read the first time, the rule, requiring bills to be read on three several days, being dispensed with, it was read the second time, and ordered to a third reading to-morrow.  A bill from the House of Representatives, entitled an act more effectually to prevent Sabbath breaking, was read a first time- Mr. Sullivan moved that the further consideration of the bill be indefinitely postponed; which was carried- yeas 13, nays 7.

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

Mr. Abercrombie

Crabb

Irwin

Miller

Sullivan

Bagby

Crawford

Jackson of L.

Powell

Vanhoose- 10

Brown

Gaines

Merriwether

Those who voted in the affirmative, are Mr. Ash, Casey Clay, Jones, McCamy, Skinner- 7.

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A bill from the House of Representatives, entitled an act for the relief of Joshua Winford, was read the first time- Mr. Jackson of L. moved that the further consideration of the bill be indefinitely postponed; which was carried.

Mr. Sullivan introduced a bill to be entitled an act to provide for fixing the permanent seat of justice in the county of Bibb; which was read the first and second time, and ordered to be referred to the committee on county boundaries, to consider and report thereon.

Mr. Crawford, from the judiciary committee, to whom was referred the bill to be entitled an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes, reported the same without amendment.  Ordered, that the bill be engrossed for a third reading tomorrow.

Mr. Crawford, from the same committee, to whom was referred bill to be entitled an act to authorize certain persons therein named to raise, by lottery, a certain sum of money for certain purposes, reported the same without amendment.  Ordered, that the bill be engrossed for a third reading tomorrow.

Mr. Crawford, from the same committee, to whom was referred a bill to be entitled an act to prevent sheriffs, coroners and constables purchasing property at their own sales and for other purposes, reported the same as amended, which was concurred in.  Ordered that the bill be read the 3d time tomorrow.  Mr. Crawford from the same committee to whom was referred a bill to be entitled an act supplementary to and amendatory of the laws relating to executors and administrators and for other purposes, asked to be discharged from the further consideration of the bill, which was agreed to.  Ordered that the bill lie on the table

Mr. Brown from the committee on accounts and claims to whom was referred the account of Jarett Brandon, reported that the acc't is composed of items for which the state is not chargable, they therefore think it unreasonable and ought not to be allowed, which was concurred in.

A message was received from the Gov. by J. I. Thornton, esq. informing the senate that he did on this day approve and sign, an act to alter the lien of Madison & Jackson counties, which originated in the Senate. Mr. Powell presented the petition of W. B. Allen, state printer, praying an extension of the time by which he is required by law to print and distribute the laws and journals, and that a part of his salary may be paid him when he completes a part of the work, which was read and referred to the committee on propositions and grievances, to consider and report thereon.

Mr. Bagby from the special committee to whom was referred the account of Abel Farrar, reported a bill to be entitled an act for the relief of A. Farrar, which was read & ordered to be read the 2d time tomorrow.

A bill form H. of R. entitled an act to alter the manner of electing majoir & brigadier-generals, was read the 3d time & passed, yeas 12, nays 7.

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

Mr. Ash

Crawford

Jones

Miller

Skinner

Casey

Crabb

Gaines   Irwin

McCamy

Powell

Vanhoose 12.

Those who voted in the negative, are

Mr. President

Brown

Clay

Jackson of L.

Merriwether

Sullivan- 7.

Abercrombie

So the bill was passed.

Ordered that the secretary acquaint the House therewith.


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A bill to be entitled an act to repeal an act entitled an act the more effectually to secure the testimony of absent witnesses by interrogatories, was read the third time and passed - yeas 13- nays 7.

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

Mr. President

Clay

Jackson of L.

Powell

Vanhoose- 13

Bagby

Crabb

McCamy

Skinner

Brown

Crawford

Miller

Sullivan

Those who voted in the negative, are

Mr. Ash

Abercrombie

Casey  Gaines

Irwin

Jones

Merriwether

Ordered that the bill be returned to the House of Representatives.

A bill to be entitled an act making appropriations for the year 1826, was read the 2d time.  Mr. Bagby moved to amend the bill, by striking out twenty-five dollars the amount appropriated to the secretary of the Senate to extra services, and inserting one hundred dollars, which was carried.  Mr. Bagby moved further to amend the bill by striking out twenty-five dollars the amount appropriated to the principal clerk of the House of representatives for extra services in completing the journal of the House at the close of the session and in arranging the papers, &c.  and by inserting one hundred dollars, which was also carried.

Mr. Jackson of L. moved to strike out ten thousand dollars, the amount appropriated as the contingent fund, which was carried- yeas 16- nays 4.

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

Mr. President

Brown

Clay

Jackson of L.

Merriwether

Skinner

Abercrombie

Crabb

Jones

Miller

Vanhoose 16

Ash

Bagby

Crawford

McCamy

Powell

Those who voted in the negative, are

Mr. Casey

Gaines

Irwin

Sullivan- 4.

Mr. Crawford moved to fill the blank with two thousand dollars, as a contingent fund, which was carried- yeas 13- nays 7.

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

Mr. President

Bagby

Jackson of L.

Merriwether

Powell

Abercrombie

Brown

Clay

Jones

Miller

Ash

Crawford

Skinner-13

Those who voted in the negative, are

Mr. Casey

Gaines

McCamy

Sullivan

Vanhoose-7

Crabb

Irwin

Mr. Jackson of L. moved to strike out two hundred and fifty dollars, amount appropriated to the comptroller of public accounts to defray the expenses of clerk hire, &c.  which was lost- yeas 6- nays 14.

The yeas and nays being desired, those who voted in the affirmative, are Mr. President, Ash, Clay, Crawford, Jackson of L. Jones- 6.

Those who voted in the negative, are Messrs. Abercrombie, Bagby, Brown, Casey, Crabb, Gaines, Irwin, McCamy, Merriwether, Miller, Powell, Skinner, Sullivan, and Vanhoose- 14.  Ordered that the bill be read the 3d time to-morrow.  And then the Senate adjourned till 3 o'clock this evening.

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

Mr. Casey moved to reconsider the vote of the Senate on concurring in the resolution from the House of R. proposing to elect a Harbor-master and four Wardens for the port of Mobile this evening at 7 o'clock, which was carried.

Mr. Casey then moved to amend the resolution, by striking out Friday, and inserting Saturday, so as to go into the elections tomorrow evening, at 7 o'clock, which was carried.  Mr. Jones moved to amend the resolution, so as to elect a judge of the county court of Conecuh county, at the same time, which was carried.

The resolution as amended was agreed to.

The Senate took up the bill entitled an act divorcing Wm. Roundtree from Sally Roundtree; the question was then put, shall the bill pass?  and determined in the negative- yeas 9-nays 7-two-thirds being necessary to pass the bill.

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

Mr. President,

Brown

Jones

Miller

Skinner 9.

Abercrombie

Gaines

McCamy

Powell


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Those who voted in the negative, are

Mr. Bagby

Casey

Clay

Crawford

Irwin,

Merriwether

Vanhoose-7.

A bill, to be entitled an act to divorce Naomi Pond from Stephen Pond, was read the second time- Mr. Casey moved that the further consideration of the bill be indefinitely postponed; which was lost- Mr. Bagby moved that the bill lie on the table till the first day of the next session; which was also lost.  Ordered, that it be read the third time tomorrow.

A bill, to be entitled an act to exempt school masters, teachers and students, from military duty, and for other purposes, was read the third time and passed-yeas 13, nays 3.

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

Mr. President

Casey

Gaines

Merriwether

Skinner

Bagby

Clay

Jones

Miller

Vanhoose-13.

Brown

Crawford

McCamey

Those who voted in the negative, are Mr. Abercrombie, Irwin, Powell- 3.

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

A bill to be entitled an act to divorce Samuel Payne from his wife, Elizabeth Payne; an act to divorce Wm. Gates from Susanna Gates; an act to divorce Louisa Trouilett from her husband, Pierre Trouilett; and an act to divorce Sarah Wall from James Wall- were severally read the second time, and ordered to a 3d reading to-morrow.  A bill, to be entitled an act for the relief of William Holbrooks, was read the second time, and ordered to be engrossed for a third reading to-morrow.  A bill, to be entitled an act to provide for the appointment of a public weigher in the town of Blakely, was read the third time and passed.  Ordered, that the secretary acquaint the House therewith.

Mr. Crawford moved to reconsider the vote of the Senate on ordering to a third reading the bill entitled an act to regulate the navigation of certain rivers in this state, by steam boats; which was carried.  Ordered, that the bill be referred to a special committee, consisting of Messrs. Crawford, Abercrombie and Bagby, to consider and report thereon.

An engrossed bill, to be entitled an act to amend an act regulating the licensing physicians to practice, and for other purposes, approved December 22, 1823, 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 Representatives for concurrence.

Mr. Gaines, from the committee on propositions and grievances, to whom was referred the bill entitled an act for the relief of James Frazier, late tax collector of Franklin county, reported the same without amendment.  Ordered, that the bill be read the 3d time to-morrow.

On motion of Mr. Crawford, Ordered, that Mr. Gaines have leave of absence for the remainder of the session, after to-morrow.

Mr. Skinner introduced a bill to be entitled an act allowing to James Brandon a certain sum of money, for expenses incurred in apprehending William Walker, charged with negro stealing; which was read and ordered to be read the second time to-morrow.

Mr. Casey moved to reconsider the vote of the Senate on the passage of the bill entitled an act divorcing William Roundtree from Sally Roundree; which was carried.  And then the Senate adjourned till to-morrow morning 10 o'clock.