Tuesday, Nov. 29, 1885.  The Senate met pursuant to adjournment.

Mr. Jackson of A. From the committee of privileges and elections,

C


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to which was referred the credentials and other evidence of election of the members of this House, made the following report:

The committee of privileges and elections to whom was referred the examination of the credentials of the members returned elected; from the certificates of returning officers, and the returns made to the secretary of state, and satisfactory parol evidence of the election of Matthew Clay, senator from Lawrence county, report that the following members are duly elected to represent the counties herein designated, composing the senatorial districts, as designated by the apportionment law of the last session, that is to say,

From the Senatorial District composed of the Counties of

---- Mobile, Washington, and Baldwin,

William Crawford;

---- Pike, Covington, and Henry,

William Irwin;

---- Butler, and Conecuh,

William Jones;

---- Monroe, and Wilcox,

Arthur P. Bagby;

---- Clarke, and Marengo,

George S. Gaines;

---- Greene,

Zachariah Merriwether;

---- Montgomery,

James Abercrombie;

---- Dallas,

Thomas Casey;

---- Bibb, and Perry,

Dunklin Sullivan;

---- Shelby, and Autauga,

James Jackson;

---- Blount, and St. Clair,

John Ash;

---- Jefferson,

John Brown;

---- Tuscaloosa,

Levin Powell;

---- Pickens, Fayette, Marion, and Walker,

Jesse Vanhoose;

---- Morgan,

Thomas D. Crabb;

---- Franklin,

Theophilus Skinner;

---- Lawrence,

Matthew Clay;

---- Lauderdale,

James Jackson;

---- Limestone,

Nicholas Davis;

---- Madison,

Thomas Miller; and

---- Jackson, and Decatur,

Robert McCamy

Ordered, that the report lie on the table.

Mr. Bagby, from the select committee appointed by a resolution of this House, to wait on ISRAEL PICKENS, Esq. late chief magistrate of this State, and express to him the approbation of the Senate, as to the course pursued by him in the administration of the executive government, reported, that they have performed that duty, by presenting to him in behalf of the Senate, the following address:

SIR- We have been deputed by the Senate to wait on you, for the purpose of expressing to you the very high sense which that body entertain of the able, dignified, and impartial manner in which you have administered the Executive Government for the last four years.  The Senate are not unaware, that the period for which you have filled the office of Chief Magistrate, has been one of unusual importance and difficulty; and it is to them a source of pleasing reflection, that they see in the course pursued by you much to approve, and but little to censure.

In retiring from an office which they conceive you have filled in a manner, not only highly creditable to yourself, but with the most distinguished benefit to the State; the Senate direct us to assure you, that you carry with you their full approbation as to the course you have pursued in the discharge of your public duties.

We beg leave personally to add our unceasing wished for your future prosperity and happiness.

JAMES JACKSON & A.P. BAGBY,  Committee of the Senate.

His Excellency Israel Pickens.

The committee also presented the following reply from governor Pickens:-


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Cahawba, November 26, 1825.

GENTLEMEN- The kind sentiments of approbation expressed in the resolution of the Senate, which you have been the medium of communicating, inspire me with the most grateful emotions, and will ever be regarded as most valued testimonial.

In retiring at the close of my Executive service, I bold not take with me a more cheering source of gratification, than the approving testimony of that enlightened Assembly with whom I have stood in the relation of a co-ordinate department of the government, and who have contributed, in an honourable degree, to advance the prosperity of the State.

You will please to present to that dignified body, the assurances of my sincere and profound respect.

And for yourselves, gentlemen, accept my cordial reciprocation of the personal good wishes you express.

ISRAEL PICKENS.

The Honorable J. Jackson & A.P. Bagby, Committee of the Senate.

Mr. Powell presented the annual report of the comptroller of public accounts, on the finances of the State.

Ordered, That the report lie on the table; and that 200 copies thereof be printed for the use of the Senate.

Mr. Powell, from the special committee to which was referred so much of the Governor's message as relates to the permanent location of the seat of government, submitted the following report:

The special committee, to whom was referred so much of the message of His Excellency the Governor, as relates to the permanent seat of government, have had the same under consideration, and submit the following report:

By the 29th section of the 3d article of the constitution of our state, it is provided that the sessions of the general assembly subsequent to the first session holden after the adoption of the constitution, “shall be held at the town of Cahawba until the end of the first session of the general assembly to be held in the year one thousand eight hundred and twenty-five; during that session the general assembly shall have power to designate, by law, (to which the Executive sanction shall not be required,) the permanent seat of government, which shall not thereafter be changed: Provided, however, That unless such designation be then made by law, the government shall continue permanently at Cahawba.” It was undoubtly the intention of the framers of the constitution that the seat of the government should not be permanently fixed at Cahawba, unless it should be found, after an experiment of six years, to be the most eligible site.  Taking this to be their intention, as expressed in that instrument, your committee have endeavored to ascertain, whether Cahawba combined more advantages for the permanent seat of government than any other place which might probably be selected.

They have ascertained that Cahawba is on a low situation, and liable to be inundated by the waters of both the Cahawba and Alabama rivers.  The inundation of a part of the town occurs almost annually; and at times, it has been impracticable to reach the state house without a conveyance by water.  It is ascertained that during the last session of the legislature every street leading from the country into the town was overflowed to the dept of several feet; and that it was impossible to reach the town even horse back, without deviating from the public highways.  One part of the town was inaccessible to persons residing in another part, without the medium of water communication.  Your committee further learn, that when the Supreme Court was directed by law to be holden at Cahawba in the month of June in each year, that many of the members f the bar did not attend the court at that session, from an apprehension of sickness; and that the Judges themselves were reluctant to perform the hazardous duty of


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holding the Supreme Court at that season of the year. By the constitution the Supreme Court can be holden only at the seat of government; it is therefore important to the due and regulate administration of justice, that the seat of government should be fixed in some healthful situation. Your committee are informed that most of the inhabitants of Cahawba are unwilling to risks their health in the place during the summer; and that they are in the habit of removing, during the season, to some situation which promises better health.

From these facts, your committee have been constrained to come to the conclusion that Cahawba is not an eligible situation for the permanent seat of government.  Your committee have given due weight to the considerations which oppose the removal of the seat of government.

These are the loss of public property and the expences incident to a removal. The state house is a temporary building, and not calculated to accommodate the representatives of the people, even if the seat of government were to be permanently fixed at Cahawba.  The arsenal is almost worthless, and is certainly entirely useless, as the public arms would be better preserved in the hands of the militia. A temporary building has been used for the bank, which is insufficient either for security or convenience.

It therefore appears to your committee that the sacrifice of property, by the removal of the seat of government, would be inconsiderable, and would weigh as the dust in the balance, when opposed to the weighty considerations which urge to a removal.

Your committee have also had under consideration that part of the message of his excellency the Governor, which suggest the propriety of procuring a tract of land “whereon to lay out and found an entire metropolis.” It occurs to them, that the Seat of Government alone cannot impart much value to real property in any town.  In this town, where the Seat of Government has remained for six years, and which has been a favourite object of legislation, real property appears to be of little value.  It gives no impulse to trade.  If the Seat of Government be of any advantage to a town, why does commence in this village languish” why is business thus dull?  The town of Washington, the metropolis of the late Mississippi Territory, declined while ever the Legislature held its sessions in its bosom.  The history of every inland town in every State in which the Seat of Government has been placed, shows that the Seat of Government alone cannot give value to real property.  The Seat of Government in Pennsylvania, and Frankfort, in Kentucky, illustrate this position.  It is evident, that if "an entire metropolis,” destitute of commercial advantages, should be founded by the Legislature, very little revenue would arise from the sale of lots in such a town.  If a commercial town should be selected, the lots would be sold on account of the commercial advantages belonging to them, and not from the location of the Seat of Government.

Your committee are convinced, that no practical good would result from the establishment of a town in which to locate the Seat of Government; and believe that much inconvenience and expense would be avoided, if the Senate should come early to this conclusion.

They, therefore, recommend to the Senate the adoption of the following resolutions:

Resolved, That the Seat of Government ought not to remain at the town of Cahawba after the end of the present session of the General Assembly.

Resolved, That it is inexpedient to appoint commissioners to procure a tract of land "whereon to lay out and found an entire metropolis."

Ordered, That the report lie on the table; and that 100 copies thereof be printed for the use of the Senate.

Mr. Crawford from the judiciary committee, reported bills of the following titles, to wit: a bill to be entitled, an act to require security


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upon granting a supersedeas; An act to authorize sheriffs to serve notices; and, An act to amend the act entitled an act for the limitations of actions; all of which were severally read the first time, and ordered to be read the second time tomorrow.

Mr. Crawford from the same committee, also reported a bill to be entitled an act to repeal an act entitled an act to abolish the fictitious proceedings in ejectment, and for other purposes, which was read the first time, and ordered to be read the second time on Monday next.

A message from the House of Representatives by Mr. Tunstall their clerk: Mr. President, the House of Representatives have adopted the following resolution, in which they desire your concurred: Resolved, that the Senate be requested to assembly in the Representative Hall, this day at the hour of 3 o'clock P.M. for the purpose of electing a public printer, and judges of the county court of Jefferson and Shelby counties, and that the west end of the Representative Hall be assigned for their accommodation.  Ordered that the Senate concur in said resolution, and that the secretary acquaint the House of Reps. therewith.

Mr. Jackson of L. obtained leave to introduce a bill to be entitled, an act establishing and permanently locating the seat of government for the state of Alabama, pursuant to the 29th section of the 3d article of the constitution, which was read the first time:

Mr. Casey moved that the bill be made the order of the day for a 2d reading on Monday next, which was lost.  Ordered that it be made the order of the day for a 2d reading on tomorrow.

Mr. Bagby offered the following resolution: Resolved that John Wood who contests the right of John Brown to a seat in this House, as the senator from Jefferson county, be heard at the bar of this House by counsel, at 3 o'clock tomorrow, which was rejected.

Mr. Jackson of L. called up the bill from the House of Representatives, entitled an act authorizing Jacob Johnson to emancipate a certain slave therein named.  Ordered that the bill be made the order of the day for a second reading on tomorrow.

Mr. Bagby offered the following resolution: Resolved that the judiciary committee be instructed to inquire into the expediency of passing a law for the government and determination of contested elections, with leave to report by bill or otherwise, which was adopted.

And then the Senate adjourned till 3 o'clock, P.M.

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

Mr. Crabb offered the following resolution: Resolved that a joint committee of three members be appointed on the part of the Senate to act with such committee as may be appointed on the part of the House of Representatives, to examine into the situation of the state arsenal, and the sate arms therein, with leave to report by bill or otherwise, which was adopted: whereupon Messrs. Crabb, Clay and Irwin were appointed a committee on the part of the Senate.  Ordered that the House of Representatives be informed thereof.

Mr. McCamy obtained leave to introduce a bill to be entitled an act, to repeal in part and amend in part an act entitled an act, restricting officers from taking commissioners on costs collected by them on executions, passed December 31, 1823; which was read the first time and ordered to be read the second time on to-morrow.


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Mr. Casey moved to reconsider the vote of the Senate on concurring in the resolution from the House of Representatives, proposing to go into the election of a state printer and judge of the county courts of Jefferson and Shelby counties, this evening at 3 o'clock.

Mr. Casey then moved that the Senate adjourn till to-morrow morning at 10 o'clock; which was lost- Yeas 2, nays 18.

The yeas and nays being desired, those who voted in the affirmative are Messrs. Casey and Sullivan- 2.  Those who voted in the negative, are

Mr. President

Brown

Irwin

Jones

Skinner

Abercrombie

Clay

Gaines

McCamy

Vanhoose- 18.

Ash

Crabb

Jackson of A.

Merriwether

Bagby

Crawford

Jackson of L.

Miller

The question was then put on Mr. Casey's motion to reconsider the vote of the Senate on concurring in the resolution form the House of Representatives; and determined in the affirmative- yeas 11, nays 9.

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

Messrs. Brown

Gaines

McCamy

Miller

Sullivan

Casey

Jackson of A.

Merriwether

Skinner

Vanhoose- 11.

Crabb

Those who voted in the negative, are

Mr. President

Ash

Clay

Irwin

Jones- 9.

Abercrombie

Bagby

Crawford

Jackson of L.

So the motion to reconsider was carried.

A bill to be entitled an act, to alter the lines of Madison and Jackson counties, was read the second time and referred to a special committee, consisting of Messrs. Miller, Jackson of Lau. and Ash, to consider and report therein.

A bill to be entitled an act, to repeal in part an act, approved December 15, 1824, declaring Flint river, in Morgan county, a public highway; and an act to repeal in part an act, entitled an act, to establish certain counties therein named, and for other purposes, passé December 17, 1821, and for other purposes; were severally read the 2d time and ordered to be engrossed for a third reading on to-morrow.

Mr. Miller offered the following resolution: Resolved, That the bank committee be requested to inquire into the expediency of establishing a branch of the Bank of the State of Alabama at Huntsville, with leave to report by bill or otherwise; which was adopted.  And then the Senate adjourned till to-morrow morning at 10 o'clock.