Thursday, December 12.

The House met pursuant to adjournment.

Mr. Leake presented the petition of J. R. B. Eldridge;

Mr.Winston presented the petition of J. R. B. Eldridge and Susanna Cox; both of which praying for authority to sell certain negroes therein named, were severally referred to a select committee, consisting of Messrs Leake, Fearn and Jackson.

Ordered, That Mr. Farrar be added to the committee to examined the manuscript Digest of the statutes of this state, compiled by H. Toulmin, Esquire.

Mr. Mead, from the committee on Roads,Bridges, Ferries, &c. to whom was referred the petition of Nathan N. G. Allen, reported a bill to be entitled "an act authorizing Nathan N. G. Allen to erect a Tollbridge on the Scipsey fork of the Buttahache river;" which was read a first time, and ordered to be read a second time on Saturday next.


78

Mr. Fearn from the committee on Schools, Colleges and Universities and School and University Lands, reported a bill to be entitled "an act to repeal in part and to amend an act, entitled 'an act supplementary to an act to establish a State University." Ordered, that the first reading of said bill be dispensed with. Ordered, that eighty copies thereof be printed for the use of this House.

Mr. Fearn from the committee to whom was referred that part of the Governor's message which relates to a State Bank, reported a bill to be entitled "an act to amend the several acts in relation to the establishment of the Bank of the State of Alabama, and to repeal such parts of said acts as are repugnant to the provisions of this act." Ordered, that the first reading of said bill be dispensed with. Ordered, that eighty copies thereof, be printed for the use of this House.

Mr. Davis, from the select committee, to whom was referred a bill from the Senate, entitled "an act to establish certain election precincts in the counties therein named;" and also a bill of this House, to be entitled "an act to establish additional election precincts in certain counties therein named." reported the said bills with sundry amendments.

Ordered, That the House concur in said amendments.

A message was received from the Senate by Mr. Lyon, their secretary informing this House, that they had read a third time and passed a bill originating in this House, entitled "an act for the relief of the Huntsville Bank;" to which they had made sundry amendments and in which they desire the concurrence of this House.

Also, that they had read a third time and passed, bills originating in this House, of the following titles to wit:

"An act declaring ceratin roads therein named, public roads, until otherwise directed by law;" and,

"An act to authorize David Peobles to continue a toll bridge, erected over the Escambia creek in the county of Conecuh;" the former of which they have amended, and in which amendment they desire the concurrence of this House.

Also, tat they had read a third time and passed a bill, originating in that body, entitled "An act to enforce the payment of monies collected by officers of courts:" in which they desire the concurrence of this House.

Also, that they concur in the amendments made by this House to a bill from the Senate, entitled "An act concerning inquiry of damages."

Mr. Young from the select committee, to whom was referred a bill, to be entitled "an act to establish a Turnpike Road, leading from the southern boundary of Lawrence county, to intersect the Military Road at Pikesville in Marion county," reported the said bill with amendments.

Ordered, That the House concur in said report.

Ordered, That the said bill be engrossed for a third reading on tomorrow.

Mr. Winston introduced a bill to be entitled "an act to appoint two commissioners for the superintendence of the public buildings in the county of Franklin;"

Mr. Taylor introduced a bill to be entitled "an act to authorize the Judge of the County Court, and the Commissioners of Roads and Revenue of Butler county to levy a county tax, and for other purposes therein mentioned;" which bills were severally read a first time, and ordered to be read a second time to-morrow.

"A Memorial to the Congress of the United States on the subject of a


79

treaty with the Cherokee Indians,” was read a second time, and ordered to be read a third time to-morrow.

A bill to be entitled "an act to provide for paying for the public buildings of Lawrence county," was read a second time, and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled "an act to regulate trials at law in certain cases therein named," was read a second time.

On motion of Mr. Williams, Ordered, that the further consideration of said bill be indefinitely postponed.

The House went into a committee of the whole on the bill, to be entitled "an act to provide for the emancipation of slaves;" and after some time spent therein, the speaker resumed the chair, and Mr. Jackson reported the said bill without amendment.

Ordered, That said bill be engrossed, and be read a third time tomorrow.

A bill to be entitled "an act to impose additional duties on the several solicitors of this state," was read a second time and referred to the Judiciary committee.

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

Evening Session.

Mr. Harris, of Wilcox, presented the following petitions, to wit: The petition of sundry inhabitants of Wilcox, praying an alteration in the boundary of said county; The petition of sundry inhabitants of Marengo, praying an alteration in the boundary line of that county: which petitions were referred to the committee on County Boundaries.

Mr. Harris, of Baldwin, presented the petition of Lazarus J. Bryars, praying to be discharged from the payment of a fine therein mentioned; which was referred to the committee on Propositions and Grievances.

Bill from the Senate, entitled "an act to enforce the payment of monies collected by officers of courts," was read a first time and ordered to be read a second time to-morrow. Bill from the Senate, entitled "an act to prevent free negroes and mulattoes from retailing spiritous liquors, and for other purposes," was read a third time; and the question being put, shall this bill pass? it was decided in the affirmative. Yeas 48- Nays 8.

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

Mr. Speaker

Edmondson

Hunter of Con.

Mead

Taylor

      Adair

Fitzpatrick

Hubbard

Merriwether

Terrell

      Abercrombie

Fitz

Hunt

Martin

Thompson

      Browne

Farrar

Hallett

McClung

Wallace

      Browning

Fearn

Hill

Oliver

Winston

      Crenshaw

Ford

Harvey

Pope

Weissinger

      Clay

Gayle

Jones

Rutherford

Williams

      Coleman

Harris of B.

Jackson

Riviere

Young- 48

      Dulaney

Harris of W.

Kennedy

Rather

      Durrett

Hunter of T.

Leake

Skinner

Those who voted in the negative, are,   

Mr. Adams

Bailey

Hardwicke

Morton

      Barclay

Davis

Montgomery

Sanders- 8

Ordered, That the Senate be acquainted therewith.

A message was received from the senate by Mr Lyon, informing this house, that they had read a 3rd time and passed a bill originating in that body, entitled "an act providing for the election of Sheriff in certain cases and for other purposes;" in which they desire the concurrence of this house. Also, That they had read a third time and passed a bill, originating in this house, entitled "an act to manumit a negro woman slave Mar-


80

garet and her children;" which they have amended by adding thereto an additional section and proviso; in which amendments, they desire the concurrence of this House.

A bill from the Senate, entitled "an act to prevent frivolous and vexatious law suits," was read a third time and passed.

Ordered, that the Senate be acquainted therewith.

On motion of Mr. Davis, Resolved, that a message be sent to the Senate to inform them, that this House is now ready to receive them in order to go into the election of a Senator to the Congress of the United States, to fill the vacancy of the Hon. J. W. Walker, resigned: and also, to elect a Senator to the Congress of the United States for the ensuing six years after the fourth day of March 1823. Whereupon, Messrs Davis and Gayle were appointed to convey said message to the Senate.

The Senate having repaired to the hall of the House of Representatives the two houses proceeded to elect viva voce, a Senator to the Congress of the United States, to fill the vacancy occasioned by the resignation of J. W. Walker, Esquire.

William Kelly and John McKinley Esquires, being in nomination, the votes stood thus: - For Mr. Kelly 39- For Mr. McKenley 38. - Where upon the Speaker pronounced William Kelly duly elected to fill the vacancy occasioned by the resignation of John W. Walker, Esq.

Those who voted for Mr. Kelly, are,

Mr. Casey

Wood

Fitzpatrick

Hardwicke

Skinner

      Coats

Adams

Farrar

Jones

Terrell

      Crabb

Barclay

Ford

Kennedy

Thompson

      McCamy

Bailey

Gayle

Merriwether

Wallace

      Metcalf

Crenshaw

Harris of B.

Martin

Winston

      Murphy

Coleman

Hunter of T.

Norwood

Weissinger

      Smith

Dulaney

Hunter of C.

Rutherford

Williams- 39.

      Sullivan

Edmondson

Hunt

Rather

Those who voted for Mr. McKinley, are,

Mr. President

Powell

Durrett

Harvey

Pope

      Armstrong

Shackleford

Davis

Jackson

Riviere

      Bibb

     Mr. Speaker

Fitz

Leake

Shortridge

      Conner

Adair

Fearn

Mead

Sanders

      Devereux

Abercrombie

Harris of W.

Montgomery

Taylor

      Hopkins

Browne

Hubbard

Morton

Young- 38.

      McVay

Browning

Hallett

McClung

      Moore

Clay

Hill

Oliver

The two houses then proceeded to the election of a Senator to Congress to fil the vacancy occasioned by the expiration of the term of Wm. R. King, Esquire, to commence from the 4th day of March next.

William Crawford, William R. King, William King, and John McKee, Esquires, being in nomination, the votes stood thus

For Mr. Crawford      32

For W. R. King              27

For W. King               5

For Mr. McKee            12

Those who voted for Mr. Crawford, are,

Mr. President

Shackleford

Browning

Hubbard

Pope

      Bibb

Wood

Clay

Hunt

Riviere

      Conner

     Mr. Speaker

Dulaney

Hallett

Sanders

      Devereux

Abercrombie

Davis

Mead

Taylor- 32.

      Hopkins

Barclay

Fearn

Montgomery

      McCamy

Bailey

Harris of W.

McClung

      McVay

Browne

Hunter of C.

Oliver

Those who voted for William R. King, are,

Mr. Casey

Sullivan

Ford

Norwood

Wallace

      Coats

Adair

Hardwicke

Rutherford

Winston

      Metcalf

Adams

Harvey

Rather

Weissinger- 27

      Moore

Crenshaw

Jones

Skinner

      Murphy

Coleman

Kennedy

Terrell

      Smith

Fitzpatrick

Merriwether

Thompson

 


81

Those who voted for William King, are,

Mr. Armstrong

Crabb

Gayle

Harris of B.

Morton- 5

Those who voted for Mr. McKee, are,

Mr. Powell

Farrar

Jackson

Shortridge

      Durrett

Hunter of T.

Leake

Williams

      Edmondson

Hill

Martin

Young- 12

No person having a majority, the two Houses proceeded again to vote for a Senator.

The same persons being in nomination, the votes stood thus,

For Mr. Crawford

33,

For Mr. McKee

9

       William R. King

30,

      William King

4

Those who voted for Mr. Crawford, are,

Mr. President

Shackleford

Browning

Hubbard

Oliver

      Bibb

Wood

Clay

Hunt

Pope

      Conner

Mr. Speaker

Dulaney

Hallett

Riviere

      Devereux

Abercrombie

Davis

Leake

Sanders

      Hopkins

Barclay

Fearn

Mead

Taylor- 33

      McCamy

Bailey

Harris of W.

Montgomery

      McVay

Browne

Hunter of C.

McClung

Those who voted for William R. King, are,

Mr. Casey

Smith

Durrett

Jones

Skinner

      Coats

Sullivan

Fitzpatrick

Kennedy

Terrell

      Crabb

Adair

Farrar

Merriwether

Thompson

      Metcalf

Adams

Ford

Norwood

Wallace

      Moore

Crenshaw

Hardwicke

Rutherford

Winston

      Murphy

Coleman

Harvey

Rather

Weissinger- 30

Those who voted for Mr. McKee are,

Mr. Powell

Hunter of T.

Jackson

Shortridge

Young- 9

Edmondson

Hill

Morton

Williams

No person having a majority the two Houses proceeded again to vote for a Senator.

William Crawford, William R. King and William King being in nomination, the votes stood thus,

For Mr. Crawford— 34        For W. R. King —35          For W. King —6

Those who voted for Mr. Crawford are,

Mr.President

Shackleford

Browning

Hubbard

Oliver

   Bibb

Wood

Clay

Hunt

Pope

   Conner

Mr. Speaker

Dulaney

Hallett

Riviere

   Devereux

Abercrombie

Davis

Leake

Sanders

   Hopkins

Barclay

Fearn

Mead

Taylor

   McCamy

Bailey

Harris of W.

Montgomery

Young- 34

     McVay

Browne

Hunter of C.

McClung

Those who voted for W. R. King, are,

Mr. Casey

Smith

Fitzpatrick

Jones

Skinner

     Coats

Sullivan

Farrar

Jackson

Terrell

     Crabb

Adair

Ford

Kennedy

Thompson

     Metcalf

Adams

Hunter of T.

Merriwether

Wallace

     Moore

Crenshaw

Hardwicke

Norwood

Winston

     Murphy

Coleman

Hill

Rutherford

Weissinger

     Powell

Durrett

Harvey

Rather

Williams- 35

Those who vote for W. King are,

Mr. Armstrong

Gayle

 Morton

Edmondson

Harris of B.

Martin- 6

No person having a majority, the two Houses proceeded again to vote for a Senator.

The same persons as above being in nomination the votes stood thus,

For W. R. King —  36       For Mr Crawford —35       For W. King —4

11


82

Those who voted for William R. King, are,

Mr. Casey

Sullivan

Farrar

Kennedy

Wallace

      Coats

Adams

Ford

Merriwether

Winston

      Crabb

Adair

Hunter of T.

Norwood

Weissinger

      Metcalf

Crenshaw

Hardwicke

Rutherford

Williams- 36

      Moore

Coleman

Hill

Rather

      Murphy

Durrett

Harvey

Skinner

      Powell

Edmondson

Jones

Terrell

      Smith

Fitzpatrick

Jackson

Thompson

Those who voted for Mr. Crawford, are,

Mr. President

Shackleford

Browning

Hubbard

McClung

      Bibb

Wood

Clay

Hunt

Oliver

      Conner

Mr.Speaker

Dulaney

Hallett

Pope

      Devereux

Abercrombie

Davis

Leake

Riviere

      Hopkins

Barclay

Fearn

Mead

Sanders

      McCamy

Bailey

Harris of W

Montgomery

Taylor

      McVay

Browne

Hunter of C

Morton

Young- 35

Those who voted for     William King, are,

Mr. Armstrong

Gayle

Harris of B.

Martin- 4

No person having a majority, the two Houses again proceeded to vote for a Senator.

The same persons as above being in nomination, the votes stood thus;

For Wm. R. King 36- For Mr. Crawford 33- For Wm. King 6.

Those who voted for W. R. King, are,

Mr.Casey

Sullivan

Farrar

Kennedy

Wallace

     Coats

Adair

Ford

Merriwether

Winston

     Crabb

Adams

Hunter of T.

Norwood

Weissinger

     Metcalf

Crenshaw

Hardwicke

Rutherford

Williams- 36

     Moore

Coleman

Hill

Rather

     Murphy

Durrett

Harvey

Skinner

     Powell

Edmondson

Jones

Terrell

     Smith

Fitzpatrick

Jackson

Thompson

Those who voted for Mr. Crawford, are,

Mr. President

Shackleford

Browning

Hunt

Pope

     Bibb

Wood

Clay

Hallett

Riviere

     Conner

Mr. Speaker

Dulaney

Leake

Sanders

     Devereux

Abercrombie

Davis

Mead

Taylor

     Hopkins

Barclay

Fearn

Montgomery

Young- 33

     McCamy

Bailey

Harris of W.

McClung

     McVay

Browne

Hubbard

Oliver

Those who voted for Wm. King, are,

Mr. Armstrong

Gayle

Harris of B.

Hunter of C.

Morton

Martin- 6

No person having a majority, the two Houses again proceeded to the election of a Senator.

The same persons being in nomination as above, the votes stood thus

For Wm. R. King 36- For Mr. Crawford 34- For Wm. King 5.

Those who voted for William R. King, are,

Mr. Casey

Sullivan

Farrar

Kennedy

Wallace

     Crabb

Adair

Ford

Merriwether

Winston

     Coats

Adams

Hunter of T.

Norwood

Weissinger

     Metcalf

Crenshaw

Hardwicke

Rutherford

Williams- 36

     Moore

Coleman

Hill

Rather

     Murphy

Durrett

Harvey

Skinner

     Powell

Edmondson

Jones

Terrell

     Smith

Fitzpatrick

Jackson

Thompson

Those who voted for Mr. Crawford, are,

Mr. President

Shackleford

Browning

Hubbard

Oliver

      Bibb

Wood

Clay

Hunt

Pope

      Conner

Mr. Speaker

Dulaney

Hallett

Riviere

      Deveraux

Abercrombie

Davis

Leake

Sanders

      Hopkins

Barclay

Fearn

Mead

Taylor

      McCamy

Bailey

Harris of W.

Montgomery

Young- 34

      McVay

Browne

Hunter of C.

McClung

 


83

Those who voted for W. King are

Mr. Armstrong

Gayle

Harris of B.

Morton

Martin- 5

No person having a majority the two Houses proceeded again to the election of a Senator.

William R. King and William Crawford being in nomination the votes stood thus,

For Mr. King 38- For Mr. Crawford 35.

William R. King having the constitutional majority, the Speaker thereupon declared him duly elected a Senator from the State of Alabama to the Congress of the United States, for the term of six years from the fourth day of March next. Those who voted for Mr. King, are,

Mr. Casey

Sullivan

Farrar

Jones

Terrell

     Coats

Adair

Ford

Jackson

Thompson

     Crabb

Athens

Gayle

Kennedy

Wallace

     Metcalf

Crenshaw

Harris of B.

Merriwether

Winston

     Moore

Coleman

Hunter of T.

Norwood

Weissinger

     Murphy

Durrett

Hardwicke

Rutherford

Williams- 38

     Powell

Edmondson

Hill

Rather

     Smith

Fitzpatrick

Harvey

Skinner

Those who voted for Mr. Crawford, are,

Mr. President

Shackleford

Browning

Hubbard

McClung

     Bibb

Wood

Clay

Hunt

Oliver

     Conner

Mr. Speaker

Dulaney

Hallett

Pope

     Deveraux

Abercrombie

Davis

Leake

Riviere

     Hopkins

Barclay

Fearn

Mead

Sanders

     McCamy

Bailey

Harris of W.

Montgomery

Taylor

     McVay

Browne

Hunter of C.

Morton

Young- 35

The Senate then returned to their chamber.

The House then adjourned till tomorrow 10 o'clock.