The House met pursuant to adjournment.
Mr. Allen, a member from Blount, and Mr. Bagby, a member from Monroe, appeared, were qualified and took their seats.
A Message from the Senate by Mr. Casey:
Mr. Speaker and Gentlemen of the House of Representatives, I am directed to inform your honourable body, that a quorum of the Senate is assembled; and that they have elected Mr. John D. Terrell their president, Francis S. Lyon their secretary, and Matthew W. McClellan door keeper; and that the Senate are ready to proceed to business.
In pursuance of the order of the House, Mr. Speaker reported the following standing committees:
A Committee of Privileges and elections to consist of Messrs. Pickett, Edmondson, Williams, Craig and Magoflin.
A Committee on claims, to consist of Messrs. Vining, Brown, Philpott, Tagert, McHenry.
A Committee of Propositions and Grievances, to consist of Messrs. Fitzpatrick, Murrell, Holderness, Skinner and Martin.
A Committee on the Judiciary, to consist of Messrs. Crenshaw, Williams, Perry, Greening and Fleming.
A Committee on inland navigation to consist of Messrs. Weedon, Powell, Masterson, Hardwicke and King.
A Military Committee, to consist of Messrs. Armstrong, Elmore, Montgomery, Greening and Thompson.
A Committee of Ways and Means to consist of Messrs. Williams, Moore, Pickett, Craig and Fleming.
A Committee on Accounts, to consist of Messrs. Moore, Morton, Beene, Graham and Davis.
A Committee on Roads, Bridges and Ferries, to consist of Messrs. Fleming, Parham, Williamson, Kennedy and Dabney.
A Committee on County Boundaries to consist of Messrs. Leake, Dale, Duckworth, Edmondson & McHenry.
A Committee on Schools and Colleges, and on School and College lands, to consist of Messrs. Craig, Miller, Clay, Fleming and Magoflin.
A Committee on enrolled bills, to consist of Messrs. Perry, Graham and Murrell.
The Speaker laid before the House a communication from Harry Toulmin, of Washington, proposing a plan of digesting the statutes of this State. On motion of Mr. Williams, Ordered, that the same lie on the table.
On motion of Mr. Moore, Resolved, That a committee of two members of this House, be appointed to act with a committee to be appointed on the part of the Senate to wait on the acting Governor, and inform him, that the two houses are now organized, and ready to receive any communication he may please to make: Whereupon, Messrs. Moore and Armstrong were appointed said committee.
Mr. Crenshaw presented the petition of John P. Crowell, proposing a plan of Digesting the Statutes and praying remuneration therefor. On motion ordered, that the said petition lie on the table.
On motion of Mr. Masterson, Resolved that a committee be appointed to draft rules of decorum for this House: Whereupon, Messrs. Craig, Perry, Greening, Moore and Clay were appointed said committee.
On motion of Mr. Clay, Resolved, that the rules issued at the last fall session of the Legislature for the government of the proceedings of the House of Representatives, be adopted by this House, until other rules shall be drafted and accepted by the same.
On motion of Mr. Williams, Resolved, that the Senate be informed, that on this day, at 12 o'clock, the House of Representatives will be ready to proceed in counting out the votes for Governor, and the Senate are requested to attend at the hour in the Representative chamber.
On motion of Mr. Morton, Resolved, that a committee of five members be appointed for the purpose of drafting a bill, apportioning the Representative and Senatorial branches of the Legislature. Mr. Hardwick moved, that the said resolution be reconsidered, which was carried. On motion of
Mr. Williams ordered that the said resolution lie on the table:
Mr. Powell presented the memorial of John J. Inge and Seth Barton of Tuskaloosa, proposing a Digest of the Statutes of this State. On motion, ordered that the said memorial lie on the table.
The Speaker laid before the House the proceedings of the Circuit Court of Madison county in the case of Harriet Dillard and Nicholas Dillard for divorce. On motion, Ordered, that the said proceedings be referred to a select committee: Whereupon Messrs. Weedon, Vining and Miller were appointed said committee.
The Speaker laid before the House the proceedings of the Circuit Court of Conecuh county, in the case of William Bagby against Elizabeth Bagby for divorce, On motion, Ordered that the said proceedings be referred to a select committee: Whereupon, Messrs Graham, Greening and Carr were appointed said committee.
On motion, Ordered that Messrs. Leake and Bagby be added to the Judiciary committee.
The Speaker laid before the House the petition of the Intendant and council of the lower part of the town of Tuskaloosa, which was received: and on motion, Ordered that the said petition lie on the table.
Message from the Senate by Mr. Rose.
Mr. Speaker, --- I am instructed by the Senate to inform this House, that the Senate will repair to this Chamber on this day according to the notice communicated, in order to count out the votes for Governor.
Ordered, that Mr. Parham be added to the committee on schools and colleges and school and college lands.
Ordered, that Mr. Messrs Masterson and Anderson be added to the Military committee.
Ordered, that Mr. Crenshaw be added to the committee of privileges and elections.
Mr. Armstrong moved the following resolution; Resolved that a committee of four members of this House be appointed to wait on the acting Governor, and inform him that this House has formed a quorum, are organized, and ready to receive any communication he may please to make.
Mr. Craig moved, that the said resolution lie on the table. The ayes and nays being called for, those who voted in the affirmative are,
Messrs. Anderson, Beene, Crenshaw, Craig , Duckworth, Elmore, Fitzpatrick, Greening, Jones, Montgomery, Magoflin, Perry, Tagert, Thompson, Williams, Williamson --- 16.
Those who voted in the negative are, Mr. Speaker, Allen, Armstrong, Ayers, Bagby, Barclay, Brown, Carr, Clay, Dabney, Davis, Edmondson, Fleming, Graham, Hardwicke, Holderness, Hopkins, Kennedy, King, Leake, Murrell, Masterson, Miller, Moore, Morton, Martin, McHenry, Norwood, Pickett, Powell, Philpott, Parham, Skinner, Smith, Vining, Weedon --- 36.
The resolution was then adopted: Whereupon Messrs Armstrong, Moore, Weedon and Clay were appointed said committee.
Mr. Greening presented the petition of David Wood, praying the State to sell certain land to him therein mentioned, which was received; and on motion the said petition was referred to the committee of School and colleges and school and college lands.
Mr. Armstrong from the committee to wait on His Excellency the acting Governor, reported that the said committee had proceeded to discharge said duty and that the Governor returned for answer, that he will make a communication to this House tomorrow at 11 o'clock. On motion, Ordered that the committee appointed to wait upon the committee appointed by the Senate to wait on the acting Governor, to inform the two Houses are now organized and ready to proceed to receive any communication he may please to make, be called upon to state the reason why they have not fulfilled said duty, Whereupon, Mr. Moore of said committee reported that the Senate not having appointed a committee on their part, they consequently could not perform said duty. Ordered, that the House adjourn till tomorrow morning 10 o'clock.