Saturday, Jan. 7, 1826.- The Senate met pursuant to adjournment.

Mr. Abercrombie, from the committee on county boundaries, and whom was referred a bill to be entitled an act to provide for fixing the


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permanent seat of justice in Bibb county, reported the same without amendment.  The bill was amended on Mr. Sullivan's motion, and ordered to be engrossed for a third reading on Monday next.

Mr. Sullivan, from the committee on divorce and alimony, to whom was referred the bill entitled an act to divorce Deborah Dixon from her husband, Samuel Dixon, reported the same without amendment. Ordered, that the bill be read the third time on Monday next.

Mr. Gaines, from the committee on propositions and grievances, to whom was referred the petition of William B. Allen, State printer, reported a bill to be entitled an act for the relief of the public printer; which was read and ordered to a second reading on Monday next.

Mr. Powell, from the joint committee on enrolled bills, reported, as correctly enrolled, an act for the relief of Thomas Hearne; which was accordingly signed by Mr. President.

Mr. Jackson of L. from the committee appointed by the Senate, to confer with the committee appointed by the House of Representatives, on the disagreement of the two Houses upon the memorial to the Congress of the United States, praying certain relief, and the amendment to the same, proposed by the House of Representatives, made the following report: Your committee have met the committee appointed by the House of Representatives, and have conferred with them fully and freely upon the disagreement with the H. of R. and have come to an understanding with the committee of the other House.  The committee from the House of Representatives have agreed to recommend to that the House to recede from their amendment to the memorial.  And the committee from the Senate have agreed to recommend to the Senate to the pass the amendment made by the House of Representatives in a separate memorial; and they do, accordingly, recommend to the Senate to pass the said amendment in a separate memorial; which report was agreed to.  Ordered, that the secretary acquaint the House of Representatives therewith.

A message was received from the Governor, by J. I. Thornton, esq. transmitting the resignation of James Dellett, esq. as a trustee of the University of Alabama, appointed in the first judicial circuit.

A message from the House of Representatives, by Mr. Tunstall, their clerk: Mr. President, the House of Representatives disagree to the amendment made by your honorable body, to the bill entitled an act for the relief of the Mobile and Tombeckbe banks against certain penalties heretofore incurred, by striking out the “1st day of March,” and inserting the "25th day of July."  They concur in the several amendments made by your honorable body to bills, which originated in their House, 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 purpose therein specified; an act to change the names of, and legitimate, certain persons therein named; and an act to authorize the county courts of Dale and Henry to levy a tax on said counties, for certain purposes therein named.  They also concur in your amendments to the resolutions proposing to go into the election of harbormaster and four wardens for the port of Mobile.  They have read three times and passed a bill, which originated in the Senate, entitled an act for the relief of Lewis Houser.  They have read three times and passed bills and a joint resolution, which originated in their

Q


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House, entitled an act to provide for the trial of officers in the militia of this state, and for other purposes; resolution authorizing the Governor to appoint commissioners to adjust the unsettled accounts between this state and the state of Mississippi; an act to authorize the transfer of administration and guardianship to any county in this state, an act to authorize the clerks of the county courts, to administer oaths in certain cases; an act to regulate the rate of toll to be allowed to the owner of the bridge over the Escambia creek, in the county of Conecuh; an act for the adjustment of outstanding accounts, and to compel the payment into the treasury of monies heretofore and now detained by public defaulters, and which may hereafter be detained; and an act to incorporate the Bassett's creek navigation company.  In all of which they ask your concurrence.  Ordered, that the Senate recede from their amendments to the bill, entitled an act for the relief of the Mobile and Tombeckbe banks against certain penalties heretofore incurred Ordered, that the secretary inform the House of Representatives thereof.

A bill from the House of R. Entitled an act to provide for the trial of officers in the militia of this state and for other purposes, was read the first time; the rule requiring bills to be read on three several days, being suspended, it was read the second time and referred to the military committee.  Bills from the House of R. entitled an act to authorize clerks of the county courts to administer oaths in certain cases; An act to incorporate the Bassett's creek navigation company; An act to authorize the transfer of administration and guardianship to any county in the state; and joint resolution authorizing the governor to appoint commissioners, to adjust the unsettled accounts between this state and the state of Mississippi; were severally read the first time, and ordered to second reading on Monday next.

A bill from the House of Representatives, entitled 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; was read the first time.  The rule requiring bills to be read on three several days, was dispensed with.  The bill was read the 2d time forthwith, and ordered to a 3d reading on Monday next.

A bill from the House of Rep. entitled an act to regulate the rate of toll to be allowed the owner of the bridge over the Escambia creek, in the county of Conecuh, was read the first time, and the rule requiring bills to be read on three several days being dispensed with, the bill was red the 2d time forthwith, and referred to the committee on roads, bridges, and ferries, to consider ad report thereon.

Mr. Crawford, from the committee on the judiciary, to whom was referred the bill, entitled an act respecting rents in the city of Mobile, reported the same as amended, which was concurred in.  Ordered, that the bill be read the third time on Monday next.

Mr. Crawford from the same, to whom was referred the bill entitled an act to repeal in part and amend an act, entitled an act to fix the permanent seat of justice and levy a tax to build a court house, and jail, in Washington county, passed, Dec. 23, 1815, reported the same without amendment.  Ordered, that the bill be made the order of the day for a third reading, on Monday next.

Mr. Crawford from the same committee, to whom was referred the bill entitled an act to regulate the navigation of certain rivers in this


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state, by steam boats, reported the same as amended, which was concurred in.  Ordered, that the bill be read the 3d time on Monday next. Mr. Casey, from the committee on roads, bridges and ferries, to whom was referred the bill entitled an act to regulate the rate of toll to be allowed the owner of the bridge over the Escambia creek, in Conecuh county, reported the same without amendment.  Mr. Casey then moved that the further consideration of the bill be indefinitely postponed; which was carried.

A bill, to be entitled an act to establish a permanent road from the town of Florence, in Lauderdale county, to Athens, in Limestone county, was read the second time, amended on Mr. Jackson of L's motion, and ordered to a third reading on Monday next.  A bill, to be entitled an act for the relief of James Frazier, late tax collector of Franklin county, was read the third time and passed.  Ordered, that the secretary inform the House of Representatives thereof.  A bill, to be  entitled an act making appropriations for the year 1826, was read the third time as amended --  Mr. Crawford offered the following amendment to the bill, by way of rider: “And be it further enacted, that the further the sum of two hundred and twenty-five dollars be allowed the Secretary of State, for copying and furnishing for the press the journals of the two Houses;” which was rejected- yeas 6, nays 13.

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

Mr. President,

Abercrombie,

Bagby,

Clay

Crawford,

Gaines- 6.

Those who voted in the negative, are

Mr. Ash

Crabb

McCamy

Powell

Sullivan

Brown

Jackson of L.

Merriwether

Skinner

Vanhoose -13.

Casey

Jones

Miller

Ordered, that the bill lie on the table.

Mr. Bagby introduced a bill to be entitled an act to repeal the several laws authorizing David Peebles to erect a toll bridge over the Escambia creek, in the county of Conecuh; which was read - Mr. Casey moved that the further consideration of the bill be indefinitely postponed; which was lost- the question was then put, shall the bill be ordered to a second reading on Monday next?  and determined in the negative.

The following communication was received from the governor, by J. I. Thornton, secretary of state.

EXECUTIVE DEPARTMENT, January 7th, 1826.

The Hon. President, and Members of the Senate.

GENTLEMEN- The present communication I make reluctantly, but from a sense of duty.  I have for some time past, during your present session, revolved in my mind, the prosperity of bringing to your view, the concern which we have in the proceedings in the late Indian treaty, by which the state of George and this State required territory from the Creek Nation of Indians; the state Georgia, the property and jurisdiction of the soil, this State the jurisdiction only.  I have been fully sensible that it would require peculiar moderation, magnanimity & sober reflection, either to assert or prosecute our rights, so as to avoid any unjust animadversions on the one hand, or charged of undue regard to self-interest on the other.  The excitement, which has elsewhere been felt, and which gave so much concern to the friends of the peace and harmony of the Union, and an unwillingness to appear upon the same troubles sense, gave monitions not lightly to be disregarded, that the subject should not be touched, without very justifiable necessity.  The treaty however has been, and still is, before the public; and should we prosecute the concern which we have in it, with moderation and liberality, becoming an enlightened and generous people, we shall acquit ourselves to


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the satisfaction in whose service we are, and stand justified and respected, in the opinion of the other members of the confederation - This treaty is alledges not to have been negociated in good faith, and although duly ratified by the competent authorities, to be available on account of fraud in the means by which it was obtained, with this question we have of course very little to do; we were not parties in the transaction, and are not constituted the judges of it; this if left to other powers, in which our high confidence may remain unimpaired - but should the treaty have been negotiated, in such a manner as to entitled it to the ordinary force and obligation of such compacts, this state has acquired rights under it, which neither the people of this State, or our brethren of the United States, would expect or wish us to abandon- should this treaty have been entered into in such manner as other Indian treaties, which have been sanctioned, and continued of force, no refinements hitherto unpractised ought to operate to our prejudice, and deprive us of the right of our chartered limits, guaranteed by the constitution; a right which, in fact, involves population, revenue, strength, and respectability, in the scale of the Union.  We have every reason to confide that nothing will be done derogatory to the justice and magnanimity of the United States, or injurious to the interests of this, or any other State, which can be avoided by much careful deliberation, or which lies beyond the reach of urgent necessity.  There are however a combination of circumstances, a calculation of policy, an adjustment of beneficent purposes, a reconcilement of principles which may seem to conflict, which give to this question a novel character, and present it in an aspect altogether peculiar.  It involves the rights and interests of States, the justice due to the aboriginal population, and the measures by which the munificence of the general government, may be most effectually & beneficially extended to them.  We are rapidly approaching to a crisis in our affairs with a portion of the natives of the country; and it is high time to devise and to reduce to system a just and well judging humanity, by with the further conduct of the United States towards them will be regulated.  When charted limits were assigned to the several states having Indian population, it does not seem to have entered into the contemplation of any one, that they would remain there fixed and permanent. Such had not been the constant experience; they had continually retired from out settlements,  or had wasted away in the midst of us, without any valuable improve ment in mind or morals.  The Indians of the North and South, many nations of renown in their time, either became extinct, or wandered in scattered remnants, to take shelter with tribes which we had not yet approached, losing their name and the transition of their former price and power. --  Under this experience, the States have been let to expect the speedy possession of their limits, and have gone on to make their local arrangements with reference to this desirer consummative.  What then can be done to justify the aspiring expectation of the States, and deliver the Indians from the consequences, hitherto fatal, which have resulted from a proximity to our population?- Or are we to suppose that the results in future will be different from the past?  Or is it established, that any beneficent purpose which does honor to the general government, may be carried in to effect, in such a situation, to a greater extend, or with more facility, than in others which it is convenient to provide?  These questions deserve a careful solution --  and with this view, it will be necessary to ascertain from what cause it has always been seen that their numbers rapidly decrease in the vicinity of civilized society.  It is no doubt by the introduction of our vices, which ware soon embraced, and have a strong and unresisted attraction, because the slow progress of morals and civilization among them, is unable to oppose any effectual restraint. --  To civilize a people form a rude and barbarous condition, they should be removed from the influence of the vices and luxuries which prevail in civilized life, and subjected to that discipline and instruction, by which a change of lie, manners and mental improvement, is gradually produced.  The virtues must first be cultivated, and the mind strengthened against the seductions of vicious gratification. Such is the natural order of things, and experience only confirms, what theory might justly predicate, on a correct knowledge of human nature.  Such has been the evidence


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of  history; for the Provinces farther removed for the vices, refinements and luxuries of Rome, but subjected to its laws, and instructed by its arts, made the most solid, if not the most immediate progress in civilization.  This necessary course cannot be pursued with the Indians whilst they remain within our limits; they have continual access to whatever tents to corrupt the, they have constant testimony that their consideration is regarded as inferior to others; than which nothing is more destructive to virtuous pride, and generous emulation; and the abandoned part of our people, who alone can mingle freely with the nation, as a body without losing their standing in society, will introduce our vices and prevent the introduction of our virtues, by which alone the deleterious effects of vice might be mitigates.  We may therefore expect, as has been the case in all other instances, to see the rapid progress of the nation to extinction destroyed by our example which they will soonest imitate, and preyed upon by those among themselves, who attain to greater improvement of mind, and especially learn to better effect, the arts and the cunning, by which self interest, unrestrained by the correct influences of a higher order of society, appropriates to itself, the rights and benefits to which others are entitled.  What then is to be done for this people; who had priority of us, in the occupation of this favored land?  Must then the increase of our population, and the progress of improvement among us, continue to blot out their names for the catalogue of nations, and leave only faint traces of history, that they ever had an existence?  We should provide living monuments to shew the liberality of our institutions towards the natives, and proudly boast of nations rescued from barbatism by our means, and exalted, from so low an estate, to the high standing and happiness of enlightened communities.  This it would seen can only be done, subdivided and circumscribed as the Indian nations among us now are, by establishing them within limits of their own, guaranteed by the general government; and by extending to them the protection of our arms, the patronage of our power, the benefits of learning, the knowledge of agriculture and the arts, and the human influences of religion.  In such a situation they might become gradually subject to our laws, and indeed a change of their civil institutions, may be absolutely necessary to their speedy civilization, or at least to facilitate its progress.  In limits of their own, they would be freed from the restlessness, agitation, and uncertainty which attend their present condition.- They must suppose they are at the mercy of superior power; that they oppose obstacles to the wishes of their neighbors; and that their situation is quite different, in point of right and stability, from that of the white population around them. It would be well to remove these impressions which must operate to their prejudice, and place them on a footing, in that respect, with the people of the United States.  I agree entirely with the just and liberal views of my predecessor in office on this subject, that the United States should assume a parental guardianship over the, and thus extend their beneficence, in such manner as best to promote the welfare of the Indians.  The Unites States can lose nothing by the exercise of this care and humanity towards them; they themselves will furnish the means, according to the liberal policy which recognizes their right to the lands they occupy.  The lands which they will relinquish within the chartered limits of the states, will sell for an amount which will reimburse the treasury, and afford an excess which ought to satisfy any reasonable expectation, from the national domain.  To continue them where they are, to the great detriment of the several states, until they become extinguished, and thus surrender the whole of their lands, (which in effect it is believed would be the final result of such a measure) would neither comport with the justice, generosity, or humanity, or a liberal and christian people.  The vest unoccupied regions, within the limits of the United States, afford every desirable facility for the present accomplishment of this purpose.  The Indians should not be located within the limits of any state or territory, if it can be avoided, so that the recurrence of similar difficulty may be prevented in future.  Let the Indians, a wandering, and hitherto, unsettle portion of our species, acquire, under the auspices of the United States, a fixed


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and permanent habitation.  This obvious policy had not been overlooked in our national councils; and it would seem that the present moment is very propitious, for the commencement of the systems which may hereafter be predicated upon it. The United States can lost nothing by us, ever should we ask, that a just provision, if practicable, be made for the Indians, which will lead to the extinguishment of their title within our limits at least to the extent of the treaty; and that if the Indians received too little consideration under it, for the lands which they relinquished, that the consideration be made ample and sufficient; and that the treaty be sustained, if this be the ground of complaint.  We ask no violation of justice or humanity due to the Indians; we sincerely wish and would be glad to contribute to their improvement and happiness.  But we have interests too, and if there may be, by a well matured system, a due attention to our interests and theirs, we have a claim which will not be denied.  I have only hastily touched upon the outlines of this subject, being engaged in other duties, and especially waiting for more precise information; and yet must claim your indulgence in the length, as well as imperfection of the present communication.  My main object, however, will be easily seen, which is to invite your attention, to make such representation to the government of the United States, as this subject, in all its various bearings, may seem to your wisdom to required.  The temperate expression of our opinions, and views, will be kindly received by the national authorizes, of whose justice and liberality we have had constant experience.

I have the honor to be, very respectfully, &c.     JOHN MURPHY.

Ordered, that the communication be referred to a special committee, whereupon Messrs. Bagby, Crawford, and Casey, were appointed the committee.

The Senate adjourned till 3 o'clock this evening.

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

Mr. Powell, from the committee on enrolled bills, reported, as correctly enrolled, an act for the relief of the inhabitants of the first township, range seven, east of the basis meridian of Huntsville; an act authorizing the raising, by lottery, a sum of money for the purposes therein named; an act to incorporate Milton Academy, in the town of Montgomery, and to empower the trustees of the same to establish a lottery or lotteries; 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 purpose therein named, and for other purposes; an act to amend an act entitled an act to alter the amend the charter of incorporation of the city of Mobile; an act to authorize William R. Parker to emancipate a certain slave therein named, and for other purposes; an act regulating elections; an act to authorize Green Collier to erect a dam across Flint river, in Madison county, and for other purposes; an act providing for the registration of deeds, grants, &c. an act supplementary to an act entitled an act to establish the town of Sommerville, in the county of Morgan, passed, December 3, 1819; an act to amend an act entitled an act to establish a certain road therein named; an act reserving from sale the university lands in the county of Tuscaloosa- all of which were accordingly signed by Mr. President.  A bill, to be entitled an act to incorporate the New Orleans and Tuscumbia steam boat company, was read the second time- Mr. Clay proposed an amendment to the bill, making the members of the company individually liable for all contracts and undertakings of the corporation- Mr. Skinner moved that the bill and amendment be referred to a special committee; which was lost.  The question was then put on the adoption of Mr. Clay's amendment, and carried- Mr. Jack-


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son of L. moved that the bill lie on the table till the first day of June next; which was carried-yeas 13, nays 6.

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

Mr. President

Bagby

Crawford

Jones

Miller

Abercrombie

Brown

Gaines

Merriwether

Powell

Ash

Clay

Jackson of L.

Those who voted in the negative, are

Mr. Casey,

Crabb,

McCamy,

Skinner,

Sullivan

Vanhoose- 6.

Mr. Bagby, introduced a bill to be entitled an act to repeal an act therein named, and for other purposes therein named; which was read, and ordered to a second reading on Monday next.

Mr. Casey introduced a joint resolution to appoint commissioners to examine a suitable situation for the permanent location of the University, at or near the centre of this state; which was read, and ordered to a second reading on Monday next.

Bills, to be entitled an act better to secure the revenue arising from licenses granted to tavern keepers and others, and an act to authorize the citizens of Sommerville to elect a justice of the peace, were severally read the second time, and ordered to a third reading on Monday next.  And then the Senate adjourned till 7 o'clock this evening.

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

A message was received from the House of Representatives, by Mr. Tunstall, their clerk, inviting the Senate to convene in the Representative Hall, for the purpose of electing a harbor master and four wardens for the port of Mobile.- Whereupon, that members of the Senate reported to the Hall of the House of Representatives, and, having taken their seats. Mr. President arose and declared the object of the meeting- when the two Houses proceeded o the election of a harbor master and four wardens for the port of Mobile; Daniel McGibbon being in nomination for harbor master, and Henry Gunnison, Joseph W. Moore, Samuel G. Swift and Russell W. Lewis, in nomination for wardens of the port of Mobile- for Mr. McGibbon 59, Gunnison 59, Moore 59, Swift 59, and Lewis 59 votes.  Those who voted for Mr. McGibbon for harbor master, and Messrs. Gunnison, Moore, Swift and Lewis, for wardens, are

Mr. President

Vanhoose

Coleman

Jones

Shotwell

Ash

Mr. Speaker

Cook

King

Tate

Bagby

Armbrister

Conner

Lewis

Thornton

Brown

Bailey of La.

Coopwood

Lyon

Tindall

Clay

Barton of Mo.

Creagh

Mardis

Vaughan

Crawford

Barton of Tu.

Crenshaw

Martin of F.

Vining

Gaines

Baylor

Davis

Martin of L.

Walthall

Jones

Baxter

Dupuy

Morton

Warren

McCamy

Brandon

Edmondson

Neill

Weissinger

Merriwether

Bridges

Fluker

Oliver

White

Miller

Brown

Hickman

Peyton

Williams 59

Powell

Coe

Inge

Pickens

Daniel McGibbon having received a majority of the whole number of votes; was declared to be duly elected harbour master, and Messrs. Gunnison, Moore, Swift & Lewis, were declared to be duly elected wardens for the port of Mobile.

The two Houses then proceeded to elect a judge of the county court of Conecuh county John Deane being in nomination- for Mr. Beane 60 votes.  Those who voted for Mr. Deane, are the same as those who voted in the election of harbor master and wardens for the port of Mobile, and Mr. Dellett in addition. John Deane having received a majority of all the votes, was declared, by Mr. Speaker, to be duly elected judge of the county court of Conecuh county.

The elections having been completed, the Senate withdrew, and retired to


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their own chamber; and Mr. President resumed the chair-when, on motion, the Senate adjourned till Monday 10 o'clock.