Monday, Jan. 9, 1826.-  The Senate met pursuant to adjournment.

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

Mr. Bagby, from the committee on schools and colleges and school and college lands, to whom was referred a resolution instructing them to inquire into the expediency of appointing three or more persons to examine and class the unsold lands of the University of this state; and also to whom was referred a communication from the board of trustees, reported a bill to be entitled an act to class and fix the price of the University lands; which was read- the rule, requiring bills to be read on three several days, being dispensed with, the bill was red the second time forthwith, and ordered to be engrossed for a third reading to-morrow.

Mr. Bagby, from the same committee, to whom was referred the report and ordinance of the board of trustees, recommending that the University lands in the county of Tuscaloosa be reserved from sale, asked to be discharged from the further consideration of the subject- (a bill, which originated in the House of Representatives, having already passed, embracing that object;) which was agree to.

Mr. Crawford introduced a bill to be entitled an act to repeal an act entitled an act to provide for the payment of slaves executed in pursuance of law; which was read, and ordered to a second reading to-morrow.

Mr. Casey introduced a joint resolution authorizing the president and trustees to vest the money of the University in the Bank of the state of Alabama; which was read, & ordered to a 2d reading tomorrow.

Mr. Brown, from the committee on accounts and claims, to whom was referred the joint resolution providing for the payment of William R. King, reported the same without amendment, Ordered, that the be engrossed for a third reading to-morrow.

Mr. Miller offered the following resolution: Resolved, that the committee on inland navigation be instructed to inquire into the expediency of repealing the law incorporating the Indian creek navigation company, which was adopted.

Mr. Brown, from the committee on accounts and claims to whom was referred the petition of James W. Johnson, reported, that the prayer of the petitioner is unreasonable, and ought not to be granted, which was concurred in.

A message from the House of Representatives, by Mr. Tustall, their clerk; Mr. President, the House of Representatives concur in the amendments made by your honorable body to the bill, entitled an act to provide for the appointment of a public weigher, in the town of Blakeley, and also to an act, to exempt school master, teachers, and students, from military duty, and for other purposes. They have read three times, and passed a bill which originated in the Senate, entitled an act making provisions for the accommodation of the next General Assembly.  They have also read three times and passed bills which originated in their House, entitled an act to incorporate the trustees of Tuscumbia academy, in Franklin county; and an act for the relief of certain persons therein referred to- in both of which they ask your


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concurrence.  Bills from the House of Representatives, entitled an act to establish a permanent road from the town of Florence, in the county of Lauderdale, to Athens in the county of Limestone; An act to regulate the navigation of certain rivers in this state by steam boats; An act to authorize the citizens of Sommerville to elect a justice of the peace; 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 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; An act in relation to the organization of Dale county; And an act better to secure the revenue arising from licences granted to tavern keepers and other, were severally read the third time and passed.  Ordered, that the secretary acquaint the House of Representatives therewith.

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

Mr. President, the governor did on the 7th inst., approve and sign An act to require security upon granting a superseadeas; An act to authorize Joseph Price to erect a mill dam across Mulberry fork of Tuscaloosa river; an act to alter and amend the several laws now in force in this state to suppress the evil practice of duelling; An act for the emancipation of a negro man slave named Peter; An act the better to organize the militia of the counties of Covington and Dale; And an act providing for the removal of certain public offices to the town of Tuskaloosa; all of which originated in the Senate.

An engrossed bill, to be entitled an act to provide for fixing the permanent seat of justice for Bibb county, was read the third time and rejected.  Yeas 9, nays 10.

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

Mr. Ash

Casey

McCamy

Miller

Sullivan

Brown

Gaines

Merriwether

Powell

Those who voted in the negative, are

Mr. President

Bagby

Crabb

Jackson of L.

Skinner

Abercrombie

Clay

Crawford

Jones

Vanhoose

A bill to be entitled an act for the relief of the public printer of this state, was read the 2d time.  Mr. Jackson, of L. moved that the bill be referred to the committee on the judiciary, which was carried.  Yeas 14, nays 5.

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

Mr. President

Brown

Gaines

McCamy

Powell

Abercrombie

Clay

Crabb

Jackson of L.

Merriwether

Bagby

Crawford

Jones

Vanhoose-14

Those who voted in the negative, are

Casey

Miller

Skinner

Sullivan

A bill to be entitled an act to authorize the transfer of administration and guardianship to any county in this state, and an act to repeal in part and amend an act, entitled an act for the punishment of malicious mischief, passed, Dec. 17, 1821, were severally read the 1st time, and referred to the judiciary, to consider and report thereon.  A bill to be entitled an act respecting rents in the city of Mobile, was read the third time and passed.  Ordered, that the words and for other purposes be added to the title of the bill.  Ordered, that the secretary acquaint the House of Representatives therewith.  A bill to be entitled

R


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an act to amend the laws now in force, in relation to the duties of the county treasures in this state.  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; And an act to incorporate the Bassett's creek navigation company, were severally read the second time, and ordered to a third reading tomorrow.  A bill to be entitled an act to divorce Deborah Dixon from her husband Samuel Dixon, was read the third time and passed.  Yeas 14, nays 4.

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

Mr. President

Crabb

Jones

Miller

Sullivan

Abercrombie

Crawford

McCamey

Powell

Vanhoose

Brown

Gaines

Merriwether

Skinner

Those who voted in the negative, are Mr. Ash, Bagby, Casey, Clay.

So the bill was passed.  Ordered, that the Senate acquaint the House of Representatives therewith.

A bill to be entitled an act to prevent sheriffs, coroners, and constables purchasing property at their own sales, and for other purposes, was read the third time and passed.  Ordered, that the title be an act to change the time of selling property levied upon by execution.  Ordered, that the secretary inform the House of Representatives thereof.

Engrossed bills to be entitled an act for the relief of William Holbrooks, and an act to alter and extend the time of holding certain circuit courts therein named, and for other purposes, were severally read the third time and passed.  Ordered, that the titles of the bills be as aforesaid, and that they be sent to the House of Representatives for concurrence.

A bill to be entitled an act to repeal an act therein named and for other purposes therein named, was read the 2d time; the question was put, shall the bill be engrossed for a 3d reading tomorrow, and lost- yeas 8- nays 10.

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

Mr. President

Bagby

Crawford

Gaines

Jackson of L.

Abercrombie

Brown

Casey

Those who voted in the negative, are

Mr. Ash

Jones

Merriwether

Powell

Sullivan

Crabb

McCamy

Miller

Skinner

Vanhoose 10.

Mr. Clay presented the petition of the tax collector of Lawrence county, which was referred to the committee on propositions and grievances.

A bill to be entitled an act to divorce Samuel Payne from his wife Elizabeth Payne, was read the 3d time and passed by a majority of two-thirds.  Ordered that the secretary acquaint the House of Representatives therewith.

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

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

Bills form the House of Representatives entitled an act to divorce Wm. Gates from Susanna Gates; An act to divorce Sarah Wall from James Wall; An act to divorce Wm. Roundtree from Sally Roundtree, and An act to divorce Naomi Pond from her husband Stephen Pond, were severally read the 3d time and passed, by a majority of two thirds.  Ordered that the secretary inform the House thereon.

A bill to be entitled an act to divorce Louisa Trouilett from her husband Pierre L. Trouilett, was read the 3d time and passed- yeas 14, nays 4.

The yeas and nays being desired, those who voted in the affirmative are Mr. President, Abercrombie, Brown, Crabb, Crawford, Gaines, Jones, McCamy, Merriwether, Miller, Powell, Skinner, Sullivan and Vanhoose- 14.

Those who voted in the negative, are Mr. Ash, Bagby, Casey, Clay.  So the bill was passed.  Ordered that the secretary acquaint the House of R. thereof. A bill to be entitled an act to incorporate the trustees of Tuscumbia academy


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in Franklin county, and An act for the relief of certain persons therein referred to, were severally read the first time, and ordered to a 2d reading tomorrow.

A bill to be entitled an act to authorize clerks of county courts to administer oaths in certain cases, was read the 2d time.  Ordered that the bill be made the order of the day for a 3d reading tomorrow.

A resolution ordered on Saturday last, by Mr. Casey, to appoint commissioners to examine a suitable situation for the permanent location of the University, at or near the centre of this state, was read the 2d time: The resolution is as follows: Whereas it is believed that the donation made by Congress, of 4668 acres of land for the endowment of a University, was intended for the benefit of citizens of this state, in perpetuity, to which not only the present but future generations have an equal right; therefore, justice and policy point to some healthy and convenient situation, at or near the centre of the geographical limits of the state, for the permanent location of that institution; and whereas it is deemed inexpedient to locate said institution at any extremity, or on the orders of the state; and whereas it is believed that a suitable situation for the location of the said institution can be had at or near the centre of the state, combining all the advantages of health and good markets, where the citizens of every section of this state could derive equal benefit; and whereas it is believed that if the said location should be made at or near the centre of the state, it would in future be the cause of preventing much excitement among the good citizens of this state: Be it therefore resolved, by the Senate and House of Representatives of the state of Alabama in general assembly convened, that five fit persons be elected by joint vote of both Houses of the general assembly, whose duty it shall be to examine whether a suitable situation for the location of the university of the state of Alabama can be found at or near the centre of the state, with the advantage of health, whose duty it shall be to make a report to the next general assembly of this state; Provided nevertheless, that the said commissioners shall received no fee or reward for their services.  The resolution was amended on Mr. Bagby's motion and referred to the committee on schools and colleges and school and college lands, to consider and report thereon.

Resolution authorizing the Gov. to appoint commissioners to adjust the unsettled accounts between this state and the state of Mississippi, was then read the 2d time and referred to the special committee appointed on so much of the Governor's annual communication as relates to the settlement of the said accounts.

A bill to be entitled an act allowing Jarrett Brandon a certain sum of money for expenses incurred in apprehending Wm. Walker, charged with negro stealing, was read the 2d time, and ordered to be engrossed for a 3d reading tomorrow.

A bill to be entitled an act to alter the mode of appointing assessors and tax collectors, was read the 2d time: Mr. Powell moved that the further consideration of the bill be indefinitely postponed, which was lost- yeas 8, nays 9.

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

Mr. President,

Crawford

McCamy

Powell

Vanhoose-9.

Clay

Gaines

Merriwether

Skinner

Those who voted in the negative, are Mr. Abercrombie, Ash, Bagby, Brown, Cases, Crabb, Jones, Miller and Sullivan-9.  Mr. Brown offered an amendment to the bill, providing that the tax collectors shall hold their offices for four years, upon their renewing their bonds annually; which was rejected.  Ordered, that the bill be referred to a special committee, consisting of Messrs. Crawford, Gaines, and Jackson of L. to consider and report thereon.

A bill, to be entitled an act for the relief of Abel Farrar, was read the second time, and ordered to lie on the table.

Mr. Gaines, from the committee on propositions and grievances, to whom was referred the petition of the tax collector of Lawrence county, reported a bill to be entitled an act for the relief of the tax collector of Lawrence county; which was read --  the rule, requiring bills to be read on three several days, being dispensed with, the bill was read the second time forthwith, amended on Mr. Crabb's motion, by insert-


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ing the name of the tax collector of Walker county, and ordered to be engrossed for a third reading to-morrow.

Mr. Crawford introduced a joint resolution instructing our Senators and requesting our Representatives in Congress, to use their exertions to procure the passage of an act of Congress to alter the times of holding the district court at Mobile; which was read --  the rule, requiring joint resolutions to be read on three several days, being dispensed with, it was read the second time and ordered to be engrossed for a third reading to-morrow.

A bill, to be entitled an act granting to George Phillips the privilege of a private landing on the reserved lands in the town of Cahawba, was read the second time, and referred to the committee on roads bridges and ferries, to consider and report thereon.  A bill, to be entitled 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, and an act respecting buoys and other land marks in Mobile bay, were severally read the 3d time, and ordered to a third reading to-morrow. Bills from the House of Representatives, entitled an act to incorporate the trustees of the Tuscumbia Female Academy, and an act to amend the several laws now in force respecting the town of Montgomery, were severally read the third time and passed.  Ordered, that the secretary acquaint the House of Representatives therewith.

Mr. Crabb introduced a bill to be entitled an act to repeal sundry militia laws; which was read --  the rule, requiring bills to be read on three several days, being dispensed with, the bill was read the several and third time forthwith, 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. Brown, from the committee on accounts and claims, to whom was referred the account of W. R. Ross, reported, that the charges, of which the account is composed, are unauthorized by law; they are, therefore, of opinion that the same is unreasonable, and ought not to be granted.  Ordered, that the report and account lie on the table, and that the Senate adjourn til to-morrow morning 10 o'clock.