Tuesday, December 24, 1822.

Mr. Pope from the joint committee on enrolled bill, reported that said committee has examined, and found correctly enrolled, bills of the following titles, to wit:

An act to repeal in part the statute of limitations in criminal cases,

17


130

An act for the relief of the Huntsville Bank;

An act to repeal in part and to amend an act entitled an act supplementary to an act to establish a State University;

An act to continue in force and amend an act, entitled an ac to repeal in part and amend an act entitled an act to regulate the proceedings in the courts of law and equity in this state, and for other purposes therein mentioned;

An act to provide for the printing of the laws and journals of this state, and for other purposes;

An act authorizing pay to the trustees of the State University.

An act to compel the clerks of the circuit and county courts, and sheriffs, to give bond and security within the time therein prescribed;

An act supplementary to an act entitled an act permanently to fix the seat of justice for the counties of Tuskaloosa and Perry, passed November 27th, 1821, so far as relates to Perry county;

An act for the relief of Robert Coyle;

An act to exempt the citizens of the town of Selma, from working on roads beyond the limits of said town; and

An act declaring certain roads therein named, public road until otherwise directed by law.

A message was received from the Senate by Mr. Dick, one of their clerks, informing this House, that they had read a third time and passed, bill of the following titled, to wit:

An act to repeal in part an act passed 15th Dec. 1821, concerning Col. Samuel Dale; and

An act to incorporate the town of  Jonesborough in the county of Jefferson; in which they desire the concurrence of this House.

An engrossed bill, entitled An act authorizing Elisha Thomas and Davis Gurley and their associates, to turnpike a certain road therein named was read a third time.

Mr. Fearn moved to amend said bill by way of rider, by filling the blank in the first section, giving an exclusive right to said road, with these words 'ten years, unless the government of the United States shall sooner take effectual measures to keep the said road in repair.'

Mr. Jackson moved to amend said amendment by the following words 'and indemnify the said Gurley and Thomas and their associates, for the work and labor done thereon;' which was lost.

The question was then taken on Mr. Fearn's amendment, and lost.

Yeas 14               Nays 38.

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

Mr. Speaker

Bailey

Fitz

Hallett

Pope

Adair

Clay

Fearn

Jackson

Shortridge - 14

Adams

Durrett

Hill

Oliver

Those who voted in the negative, are,

Mr. Abercrombie

Edmondson

Hubbard

Morton

Thompson

Barclay

Fitzpatrick

Hardwicke

McClung

Wallace

Browne

Farrar

Harvey

Rutherford

Winston

Browning

Ford

Jones

Riviere

Williams

Crenshaw

Gayle

Kennedy

Rather,

Weissinger

Coleman

Harris, of W.

Leake

Skinner

Young- 38

Dulaney

Hunter of T.

Mead

Sanders,

Davis

Hunter of C.

Merriwether

Terrell

A message was received from the Senate by Mr.  Shackleford informing this House, that they had adopted the following resolution.

Resolved, by the Senate, that, with the concurrence of the House of


131

Representatives, the Senate will assembly in the Representatives chamber to-day at 7 o'clock for the purpose of electing county court judges, in which they desire the concurrence of this House.

An engrossed bill, entitled 'an act authorizing Elisha Thomas and Davis Gurley and their associates, to turnpike a certain road therein named;' was resumed.

Mr. Terrell moved to fill the blank last under consideration, with the words 'twenty years;' which was lost.

Yeas 18- Nays 34.

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

Mr. Browne

Edmondson

Harris of W.

Morton

Weissinger

Browning

Farrar

Hunter of T.

Skinner

Young- 18

Crenshaw

Ford

Hardwicke

Terrell

Dulaney

Gayle

Mead

Winston

Those who voted in the negative, are,

Mr. Speaker

Coleman

Hubbard

Leake

Rather

Adair

Durrett

Hallett

Merriwether

Shortridge

Abercrombie

Davis

Hill

McClung

Sanders

Adams,

Fitzpatrick

Harvey

Oliver

Thompson

Barclay

Fitz

Jones

Pope

Wallace

Bailey

Fearn

Jackson

Rutherford

Williams- 34

Clay

Hunter of C.

Kennedy

Riviere

Mr. Jackson moved to fill the blank in the first section prescribing the width of the road, with the words 'twenty-five feet;' which was lost.

Yeas 17              Nays 32.

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

Mr. Adams

Hunter of T.

Jackson

Oliver

Williams- 17

Bailey

Hunter of C.

Mead

Riviere

Davis

Hallett

Merriwether

Shortridge

Fearn

Hill

McClung

Thompson

Those who voted in the negative, are,

Mr. Speaker

Clay

Farrar

Leake

Wallace

Adair

Coleman

Gayle

Pope

Winston

Abercrombie

Dulaney

Hubbard

Rutherford

Weissinger

Barclay

Durrett

Hardwicke

Rather

Young- 32

Browne

Edmondson

Harvey

Skinner

Browning

Fitzpatrick

Jones

Sanders

Crenshaw

Fitz

Kennedy

Terrell

The blank was then filled with 'twenty feet.'

The question was then put, Shall this bill pass?  it decided in the affirmative.

Yeas 36                Nays 16

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

Mr. Abercrombie

Fitzpatrick

Hubbard

Riviere

Winston

Barclay

Fearn

Hallett

Rather

Weissinger

Bailey

Ford

Hardwicke

Skinner

Williams

Browne

Farrar

Jones

Sanders

Young- 36

Browning

Gayle

Leake

Taylor

Crenshaw

Harris of W.

Mead

Terrell

Coleman

Hunter of C.

Montgomery

Thompson

Edmondson

Hunter of T.

Morton

Wallace

Those who voted in the negative, are,

Mr. Speaker

Durrett

Jackson

Oliver

Adair

Davis

Kennedy

Pope

Adams

Fitz

Merriwether

Rutherford

Clay

Hill

McClung

Shortridge- 16

Ordered, that the title be changed from that of 'a bill' to that of 'an act.'

Ordered, that the same be sent to the Senate for their concurrence.

Ordered, that the House concur in the message of the Senate, proposing to go into the election of county court judges, this evening at 7 o'clock, and that the Senate be acquainted therewith.

A message was received from the Senate by Mr. Crabb, informing the House, that they had read a third time and passed, a resolution provid-


132

ing for the organization of the 39th regiment of Alabama Militia; in which they desire the concurrence of this House.

A message was received from the Governor by Mr. Pleasants, secretary of state, notifying this House, that, the Governor did, on this day approve and sign,

An act to repeal in part and amend an act, entitled an act supplementary to an act to establish a State University.

Ordered, that this House concur in the resolution of the Senate, proposing to go into the election of a State Printer this evening at 7 o'clock; and that the Senate be acquainted therewith.

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

Evening Session.

A message was received from the Senate by Mr. Dick, one of their clerks, informing this house, that they had read a third time and passed, 'resolutions concerning the loan from the Tombeckbe Bank,' in which they desire the concurrence of this House.

Also, that they had read a third time and passed bill,  originating in their House, entitled

'An act to repeal in part, and amend an act, entitled an act to regulate elections, &c. passed at Huntsville, 16th December, 1819;

'An act concerning the Huntsville Masonic lottery;'

'An act authorizing the sale of lots relinquished in the town of Cahawba, under an act of the 28th November, 1821;'

'An act to increase the compensation of certain Commissioners appointed by an act, entitled 'An act to appoint Commissioners to lay out certain roads therein specified, and for other purposes,' passed 17th December, 1821:' in all of which they desire the concurrence of this House.

On motion of Mr. Harris, of Baldwin,

Ordered, that the House take into consideration a bill, entitled 'An act for the relief of Edmund Freeman, late tax collector of Baldwin county;' which was read a second time, and ordered to be engrossed, for a third reading on tomorrow.

A bill, to be entitled 'An act to regulate proceedings in Chancery,' was read a second time, and ordered to be engrossed and read a third time tomorrow.

A bill to be entitled 'An act to carry into effect the laws of the united States prohibiting the slave trade,' was read a second time, and referred to a select committee, consisting of Messrs. Morton, Gayle and McClung.

Resolution from the Senate, for the relief of Anderson Crenshaw, was read a third time and passed.

Ordered, That the Senate be acquainted therewith.

Mr. Hardwicke, from the select committee, to whom was referred a bill to be entitled 'An act to authorise a levy in St. Clair, for  the purpose of building a Court House, reported said bill with amendments; in which the House concurred.

The said bill was then read a first time, and the rule being dispensed with it was read a second time forthwith, and ordered to be engrossed and be read a third time on Thursday next.

Mr. Fearn, from the committee, to whom was referred the petition of sundry inhabitants of Marion, on the navigation of the Buttahachee river, reported the following resolution:

Resolved, That it is inexpedient, at this time, to appropriate any monies to the improvement of the navigation of the Buttahachee river.

Ordered, That the House concur in said report.


133

A message was received from the Senate, by Mr. Dick, one of their clerks, informing this House, that they had read a third time and passed.

'A memorial to the Congress of the United States, on the subject of the fortifications at Mobile Point and Dauphin Island;' and

'An act for the relief of Austin Hood, and Arnold Thomason,' in which they desire the concurrence of this House.

Bills from the Senate, of the following titles, to wit:

'An act to authorize Nicholas Pope to emancipate a certain slave therein named;'

'An act to revise, consolidate, and amend the several acts in relation to the militia of this state;' and

'An act to prescribe the mode of certifying executions from justices of the Peace, from one county to another.' were severally read the first, a second and third time; and the two latter, a third time and passed.

Ordered, that the Senate be acquainted therewith.

Bills from the Senate, of the following titles, to wit:

'An act to authorize a change of venue in criminal causes, in certain cases,' and

'An act to authorize the administrators of John Lucas, deceased, and the administrator of John Waugh, deceased, to sell real estate,' were severally read a second time; and ordered, the first, to be read a second time on Thursday next; and the latter to lie on the table.

A bill from the Senate, entitled

'An act in relation to mortgaged property was read a second time, and ordered to be read a third time tomorrow.'

Ordered, That this House concur in the amendments made by the Senate to a bill, entitled 'An act to raise a revenue for the support of government, for the year 1823.'

Ordered, That the Senate be acquainted therewith.

Ordered, That this House concur in the amendments made by the Senate, to the bill, entitled 'An act to establish a turnpike road leading frm Lawrence county, to intersect the military road at Pikesville, in Marion county, and that the Senate be acquainted therewith.'

Bills from the Senate, of the following titles, to wit:

'An act to alter the times of holding courts in the first Judicial Circuit.'

'An act amendatory to the laws now in force, concerning strays, were severally read a first time; and the rule being dispensed with, they were read a second time forthwith, and ordered to be referred to select committee- the first consisting of Messrs. Crenshaw, Gayle and Oliver, and the second consisting of Messrs. Oliver, Edmondson and Rather.

Bills from the Senate of the following titles, to wit:

An act relative to the securities of clerks, sheriffs, and other officers,

'An act changing the name of Big Spring, in Franklin county, were severally read a first time, and he rule being dispensed with, they were read a second time forthwith, and ordered to be read a third time on Thursday next.'

A bill from the Senate, entitled 'An act to enforce the payment of monies collected by officers of courts,' was read a third time and passed.

Ordered, That the Senate be acquainted therewith.

An engrossed resolution relative to the dividing line between this state and the state of Georgia, was read a third time and passed.

Ordered,  That the same be sent to the Senate for their concurrence

A bill and a memorial of the following titles, to wit:

'An act for the preservation of Court houses within this state;' and 'A memorial to Congress, in relation to the public lands, were severally read a second time, and ordered to be engrossed, and be read a third time on Thursday next.'

And then the House adjourned till 7 o'clock, this evening.


134

Evening, 7 o'clock.

A bill to be entitled 'An act more effectually to secure the public revenue,' was read a second time and referred to a select committee, consisting of Messrs. Terrell, Crenshaw and Clay.

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 county Judges for the several counties in this state; a State Printer; and five Port Wardens for the Port and Harbour of Mobile.

Whereupon, Messrs. Davis and Harris, of Wilcox, 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 the election of a judge of the county court of Mobile:- John C. Mitchell being in nomination.

The votes were for Mr. Mitchell 74.

Whereupon, the speaker declared him duly elected Judge of the county court of Mobile.

Those who voted for Mr. Mitchell, are,

Mr. President

Smith

Durrett

Hardwicke

Riviere

Armstrong

Sullivan

Davis

Hill

Rutherford

Bibb

Wood

Edmondson

Harvey

Rather

Casey

Mr. Speaker

Fitzpatrick

Jones

Skinner

Coats

Adair

Fitz

Jackson

Shortridge

Conner

Abercrombie

Farrar

Kennedy

Sanders

Crabb

Adams

Fearn

Leake

Taylor

Devereux

Browne

Ford

Mead

Terrell

Hopkins

Barclay

Gayle

Merriwether

Thompson

McCamy

Bailey

Harris of B.

Montgomery

Wallace

McVay

Browning

Harris of W.

Martin

Winston

Metcalf

Crenshaw

Hunter, of T.

Morton

Weissinger

Moore

Coleman

Hunter of C.

McClung

Williams

Murphy

Clay

Hubbard

Oliver

Young- 74

Shackleford

Dulaney

Hallett

Pope

The two Houses then proceeded to the election of a Judge of the county court of Baldwin county:-

Sylvester Bill being in nomination, ad the same persons voting for him who voted for John C. Mitchell, the Speaker declared him duly elected Judge of the county court of Baldwin county.

The two Houses then proceeded to the election of Judge of the county court of Washington county,- Morrison Hunter being in nomination and the same persons voting for him who voted for John C. Mitchell the Speaker declared him duly elected Judge of the county court of Washington county.

The two Houses then proceeded to the election of Judge of the county court for Conecuh county- John E. Graham & John Deane, esquires being in nomination; The votes stood thus:

For Mr. Graham 48- For Mr. Deane 26.

Whereupon the speaker declared Mr. Graham to be duly elected Judge of the county court of Conecuh county.

Those who voted for Mr. Graham, are,

Mr. President

McVay

Abercrombie

Fitz

McClung

Armstrong

Metcalf

Adams

Farrar

Rutherford

Bibb

Moore

Barclay

Fearn

Riviere

Casey

Murphy

Bailey

Ford,

Skinner

Coats

Shackleford

Browne

Gayle

Shortridge

Conner

Smith

Browning

Harris, of B.

Terrell

Crabb

Sullivan

Crenshaw

Harris of W.

Wallace

Devereux

Wood

Davis

Hill

Weissinger- 48

Hopkins

Mr. Speaker,

Edmondson

Kennedy

McCamy

Adair

Fitzpatrick

Leake

 


135

Those who voted for Mr. Deane, are,

Mr. Clay

Hubbard

Mead

Pope

Williams

Coleman

Hallett

Merriwether

Rather

Young- 26

Dulaney

Hardwicke

Montgomery

Sanders

Durrett

Harvey

Morton

Taylor

Hunter of T.

Jones

Martin

Thompson

Hunter, of c.

Jackson

Oliver

Winston

The two Houses then proceeded to the election of a Judge of the county court for Clarke county- Robert Lee and John G. Creagh being in nomination.  The votes stood thus:

For Mr. Lee 44- For Mr. Creagh 30.

The Speaker thereupon declared Mr. Lee duly elected Judge of the county court of Clarke county,

Those who voted for Mr. Lee, are,

Mr. President

Metcalf

Clay

Hubbard

Skinner

Bibb

Moore

Dulaney

Hardwicke

sanders

Coats

Shackleford

Durrett,

Jones

Taylor

Conner

Smith

Davis

Kennedy

Terrell

Crabb

Wood

Edmondson

Leake

Thompson

Devereux

Mr. Speaker

Fitzpatrick

Mead

Weissinger

Hopkins

Adair

Fitz

Montgomery

Wallace

McCamy

Abercrombie

Fearn

Riviere

Young- 44

McVay

Browning

Harris of W.

Rather

Those who voted for Mr. Creagh, are,

Mr. Armstrong

Bailey

Gayle

Harvey

Oliver

Casey

Browne

Harris of B.

Jackson

Pope

Murphy

Crenshaw

Hunter of T.

Merriwether

Rutherford

Sullivan

Coleman

Hunter of C.

Morton

Shortridge

Adams

Farrar

Hallett

Martin

Winston

Barclay

Ford

Hill,

McClung

Williams- 30

The two Houses then proceeded to the election of a Judge for the county court of Henry county- David Caldwell being in nomination, and the same persons voting for him who voted for John C. Mitchell.

The Speaker declared him duly elected Judge of the county court of Henry county.

The two Houses then proceeded to the election of a judge of the county court of Dallas county- Nathan Sargent being in nomination, and same persons voting for him who voted for John C. Mitchell, the Speaker declared him duly elected Judge of the county court of Dallas county.

The two houses then proceeded to the election of a Judge of the county court of Perry county- Charles J. Shackleford being the only person in nomination, and the same persons voting for him who voted for John C. Mitchell, the Speaker declared him duly elected Judge of the county court of Perry county.

The two houses then proceeded to the election of a Judge of the county court of Marengo county- Thomas Ringgold being in nomination and the same persons voting for him who voted for John C. Mitchell, the speaker declared him duly elected Judge of the county court of Marengo county.

The two houses then proceeded to the election of a Judge of the county court for Greene county- William Murphy being in nomination, and the same persons voting for him who voted for John C. Mitchell, the Speaker declared him duly elected Judge of the county court of Greene county.

The two houses then proceeded to the election of a Judge of the county court of Tuskaloosa county- Hume R. Field being in nomination, and the same persons voting for him who voted for John C. Mitchell, the


136

Speaker declared him duly elected Judge of the county court of Tuskaloosa county.

The two houses then proceeded to the election of a Judge of the county court for Bibb county - Andrew M. Lusk being in nomination, and the same persons voting for him who voted for John C. Mitchell, the Speaker declared him duly elected Judge of the county court of Bibb county.

The two houses then proceeded to the election of a Judge of the county court of Montgomery county Nimrod E. Benson being in nomination, and the same persons voting for him who voted for John C. Mitchell, the speaker declared him duly elected Judge of the county court of Montgomery county.

The two houses then proceeded to the election of a Judge of the county court for Shelby county - Thomas W. Smith being in nomination, and the same persons voting for him who voted for John C. Mitchell, the Speaker declared him duly elected Judge of the county court of Shelby county.

The two houses then proceeded to the election of a judge of the county court of St. Clair county- Robert Lawson being in nomination, and the same persons voting for him who voted for John C. Mitchell, the speaker declared him duly elected Judge of the county court of St. Clair county.

The two houses then proceeded to the election of a Judge of the County court of Jefferson county:

John Brown (Red) being in nomination, and the same persons voting for him who voted for John C. Mitchell,

The speaker declared him duly elected Judge of the county court of Jefferson county.

The two houses then proceeded to the election of a Judge for the county court of Blount county:

Patrick Scott and John Gilbreath being in nomination; the votes stood thus:

For Mr. Scott 44- For Mr. Gilbreath 29.

Whereupon, the speaker declared Patrick Scott duly elected Judge of the county court of Blount county.

Those who voted for Mr. Scott, are,

Mr. President

Shackleford

Davis

Hubbard

Morton

Bibb

Smith

Edmondson

Hardwicke

Oliver

Conner

Mr. Speaker

Fitzpatrick

Harvey

Pope

Crabb

Abercrombie

Fitz

Kennedy

Riviere

Devereux

Adams

Fearn

Jones

Sanders

Hopkins

Browning

Gayle

Jackson

Taylor

McCamy

Crenshaw

Harris of B.

Leake

Winston

Moore

Clay

Harris of W.

Mead

Young- 44

Murphy

Durrett

Hunter of C.

Montgomery

Those who voted for Mr. Gilbreath, are,

Mr., Armstrong

Wood

Dulaney

Merriwether

Terrell

Coats

Mr. Adair

Farrar

Martin

Thompson

Casey

Barclay

Ford

Rutherford

Wallace

McVay

Bailey

Hunter of T.

Rather

Williams

Metcalf

Browne

Hallett

Skinner

Weissinger- 29

Sullivan

Coleman

Hill

Shortridge

The two houses then proceeded to the election of a Judge for the county court of Marion county- Anderson Ritter being in nomination, and the same persons voting for him, who voted for John C. Mitchell, with the exception of Messrs. Leake and Mead.


137

The speaker declared him duly elected Judge of the county court of Marion county.

The two houses then proceeded to the election of a Judge of the county court of Franklin county:-

James Davis being in nomination, and the same persons voting for him who voted for John C. Mitchell,

The speaker declared him duly elected Judge of the county court of Franklin county.

The two houses then proceeded to the election of a Judge of the county court of Autauga county:--

Alwin A. McWhorter and William R. Pickett being in nomination, the votes stood thus:

For Mr. McWhorter 37- For Mr. Pickett 34.

The speaker thereupon declared Mr. McWhorter duly elected Judge of the county court of Autauga county.

Those who voted for Mr. McWhorter, are,

Mr. President

Shackleford

Clay

Hunter, of C.

Pope

Armstrong

Sullivan,

Dulaney

Hubbard,

Riviere

Bibb

Mr. Speaker

Durrett

Hallett,

Shortridge

Conner

Adair

Davis,

Leake,

Sanders

Hopkins

Abercrombie

Edmondson,

Merriwether

Young- 37

McVay

Bailey

Fitz

Montgomery

McCamy

Browne

Fearn,

Morton

Moore

Browning

Harris, of B

McClung

Those who voted for Mr. Pickett, are,

Mr. Casey

Wood

Ford

Jones

Taylor

Coats

Adams

Gayle,

Jackson

Terrell

Crabb

Barclay

Harris, of W.

Kennedy

Thompson

Deveraux

Crenshaw

Hunter of T.

Oliver

Wallace

Metcalf

Coleman

Hardwicke

Rutherford

Weissinger

Murphy

Fitzpatrick

Hill

Rather

Williams- 34

Smith

Farrar

Harvey

Skinner

The two houses the proceeded to the election of a Judge for the county court of Lauderdale county:-

William S. Fulton being in nomination, and the same persons voting for him who voted for John C. Mitchell,

The speaker declared him duly elected Judge of the county court of Lauderdale county,

The two houses then proceeded to the election of a Judge for the county court of Limestone count:-

Daniel Coleman being in nomination, and the same person voting for him who voted for John C. Mitchell,

The speaker declared him duly elected Judge of the county court of Limestone county.

The two houses then proceeded to the election of a Judge of the county court of Lawrence county:--

Peter W. Taylor being nomination, and the same persons voting for him that voted for John c. Mitchell, with the exception of Mr. Harris, of Wilcox.

The speaker declared him duly elected Judge of the county court of Lawrence county.

The two houses then proceeded to the election of a Judge of the county court of Morgan county:-

Stephen Heard and Robert Tapscott being in nomination; the votes stood thus:-

For Mr. Heard 63- for Mr. Tapscot 11.

18


138

The speaker thereupon declared Mr. Heard duly elected Judge of the county court of Morgan county.

Those who voted for Mr. Heard, are,

Mr. President

Murphy

Durrett

Hallett

Riviere

Armstrong

Shackleford

Edmondson

Hill

Skinner,

Bibb

Smith

Fitzpatrick

Harvey

Sanders

Casey

Sullivan

Fitz

Jackson

Taylor

Coats

Wood

Farrar

Mead

Terrell

Conner

Mr. Speaker

Fearn

Merriwether

Thompson

Crabb

Adair

Ford

Montgomery

Wallace

Devereux

Abercrombie

Gayle

Martin

Winston

Hopkins

Adams

Harris of B.

Morton

Weissinger

McCamy

Barclay

Harris, of W.

McClung

Williams

McVay

Bailey

Hunter, of T.

Oliver

Young- 63

Metcalf

Browne

Hunter of C.

Pope

Moore

Browning

Hubbard

Rutherford

Those who voted for Mr. Tapscott, are,

Mr. Crenshaw

Dulaney

Jones

Rather

Clay

Davis

Kennedy

Shortridge- 11

Coleman

Hardwicke

Leake

The two houses then proceeded to the election of a Judge for the ocunty court of Madison county:-

Samuel Chapman and Thomas Wooldridge being in nomination; the votes stood thus:-

For Mr. Chapman 55- For Mr. Woldridge 17.

The speaker thereupon declared Mr. Chapman duly elected Judge of the county court of Madison county.

Those who voted for Mr. Chapman, are,

Mr. President

Wood

Coleman

Hubbard

Oliver

Armstrong

Mr. Speaker

Dulaney

Hallett

Pope

Bibb

Adair

Durrett

Hardwicke

Rutherford

Casey

Abercrombie

Davis

Harvey

Riviere

Conner

Adams

Fitz

Jones

Rather

Devereux

Barclay

Fitzpatrick

Jackson

Skinner

McCamy

Bailey

Fearn

Kennedy

Shortridge

McVay

Browne

Harris of B.

Mead

Taylor

Murphy

Browning

Harris of w.

Montgomery

Thompson

Shackleford

Crenshaw

Hunter, of C.

Morton

Wallace

Smith

Clay

Hunter of T.

McClung

Williams- 55

Those who voted for Mr. Wooldridge, are,

Mr. Coats

Moore

Gayle

Martin

Weissinger- 17

Crabb

Sullivan

Hill

Sanders

Hopkins

Edmondson

Leake

Terrell

Metcalf

Ford

Merriwether

Winston

The two Houses then proceeded to the election of a Judge of the county court of Jackson County- Robert Hawkins and James Scruggs being in nomination.  The votes stood thus:

For Mr Hawkins 44- Mr. Scruggs 27.

Whereupon the speaker declared Mr. Hawkins duly elected the Judge of the county court of Jackson county.

Those who voted for Mr. Hawkins, are,

Mr. President

McCamy

Durrett

Harvey

Pope

Armstrong

McVay

Edmondson

Jackson

Rutherford

Bibb

Metcalf

Fearn

Leake

Sanders

Casey

Murphy

Ford

Mead

Winston

Coats

Moore

Harris of W.

Merriwether

Wallace

Conner

Shackleford

Hunter of T.

Montgomery

Weissinger

Crabb

Smith

Hubbard

Martin

Williams

Devereux

Mr. Adair

Hallett

McClung

Young- 44

Hopkins

Clay

Hill

Oliver

Those who voted for Mr. Scruggs, are,


139

Mr. Sullivan

Bailey

Fitzpatrick

Jones

Shortridge

Wood

Browne

Fitz

Kennedy

Taylor

Mr. Speaker

Browning

Farrar

Morton

Thompson- 27

Abercrombie

Crenshaw

Harris, of B.

Riviere

Adams

Coleman

Hunter, of C.

Rather

Barclay

Davis

Hardwicke

Skinner

The two Houses then proceeded to the election of a Judge of the county court of Decatur county- Hezekiah Bailes being in nomination, and the same persons voting for him who voted for John C. Mitchell, with the exception of Messrs. Hubbard, Montgomery and Young.

The Speaker declared him duly elected Judge of the county court of Decatur county.

The two Houses then proceeded to the election of a Judge of the county court of Pike county- John Sikes being in nomination, and the same persons voting for him who voted for John C. Mitchell, with the exception of Mr. McClung.

The Speaker declared him duly elected Judge of the county court of Pike county.

The two Houses then proceeded to the election of a Judge of the county court of Pickens county- Solomon Marshall being in nomination

Those who voted for him, are,

Mr. Armstrong

Shackleford

Dulaney

Hardwicke

Rutherford

Bibb

Smith

Durrett

Hill

Riviere

Casey

Wood

Davis

Harvey

Rather

Coats

Mr. Speaker

Fitzpatrick

Jones

Skinner

Conner

Adams

Farrar

Jackson

Shortridge

Crabb

Barclay

Ford

Kennedy

Terrell

Devereux

Bailey

Gayle

Mead

Thompson

Hopkins

Browne

Harris of B.

Merriwether

Wallace

McCamy,

Browning

Hunter, of C.

Martin

Weissinger

McVay

Crenshaw

Hunter, of T.

McClung

Williams- 58

Moore

Clay

Hubbard

Oliver

Murphy

Coleman

Hallett

Pope

Whereupon the speaker declared Mr. Marshall duly elected Judge of the county court of Pickens county.

The two Houses then proceeded to the election of a Judge of the county court of Covington county- Henry V. Stone being in nomination, and the same persons voting for him who voted for John C. Mitchell, except Messrs. Conner and Shackleford.

The Speaker declared him duly elected Judge of the county court of Covington county.

The two Houses then proceeded to the election of a Judge of the county court of Monroe county- Nathaniel Dodson being in nomination, and the same persons voting for him who voted for John C. Mitchell.

The speaker declared him duly elected Judge of the county court of Monroe county.

The two Houses then proceeded to the election of a Judge of the county court of Wilcox county- Edwin L. Harris and Reuben Hill being in nomination: the votes stood thus:

For Mr. Harris 32- Mr. Hill 2

Neither having a constitutional majority, the Speaker declared there was no election.  Those who voted for Mr. Harris, are,

Mr. President

Smith

Ford

Kennedy

Taylor

Coats

Wood

Fitzpatrick

Mead

Wallace

Conner

Adams

Hunter, of T.

Morton

Weissinger

Crabb

Browning

Harris of B.

Oliver

Williams- 32

Deveraux

Crenshaw

Hallett

Pope

Hopkins,

Coleman

Harvey

Riviere,

Shackleford

Davis

Jones

Sanders

 


140

Those who voted for Mr. Hill, are,

Mr. McCamy                 Murphy - 2.

The two Houses proceeded again to the the election of a Judge of the county court of Wilcox county -  Edwin L. Harris, James A. Tait, and Reuben Hill being in nomination: the votes stood thus:

For Mr. Harris 28- Mr. Tait 14.

The Speaker thereupon declared Mr. Harris duly elected Judge of the county court of Wilcox county.

Those who voted for Mr. Harris, are,

Mr. President,

Smith

Ford

Kennedy

Taylor

Conner,

Wood

Fitzpatrick

Mead,

Wallace

Coats

Adams

Hunter of T.

Merriwether

Weissinger

Hopkins

Browning

Hardwicke

Morton

Williams- 28

Murphy

Crenshaw

Harvey,

Shortridge

Shackleford

Coleman

Jones

Sanders

Those who voted for Mr. Tait, are,

Mr. Armstrong

McVay

Clay

Edmondson

Rather

Bibb

Sullivan

Durrett

Pope

Thompson- 14

McCamy

Mr. Speaker

Davis

Oliver

The two Houses then proceeded to the election of a Judge of the county court of Butler county- Nathan Cook and William Lee being in nomination: the votes stood thus:

For Mr. Cook 43- Mr. Lee 28.

Whereupon, the speaker declared Mr. Cook duly elected Judge of the county court of Butler county.

Those who voted for Mr. Cook, are,

Mr. President

Metcalf

Adams

Harris of T.

Morton

Armstrong

Moore

Bailey

Hunter of T.

McClung

Bibb

Murphy

Browning

Hunter of C.

Oliver

Casey

Shackleford

Crenshaw

Hubbard

Pope

Conner

Smith

Clay

Hallett

Rutherford

Devereux

Sullivan

Fitz

Jackson

Shortridge

Hopkins

Wood

Fearn

Merriwether

Sanders- 43

McCamy

Mr. Speaker

Gayle

Montgomery

McVay

Adair

Harris of B.

Mead

Those who voted for Mr. Lee, are,

Mr. Coats

Dulaney

Hardwicke

Martin

Thompson

Crabb

Durrett

Hill

Riviere

Winston

Abercrombie

Davis

Harvey

Rather

Weissinger

Barclay

Edmondson

Jones

Skinner

Williams- 28

Browne

Fitzpatrick

Kennedy

Taylor

Coleman

Ford

Leake

Terrell

The two Houses then proceeded to the election of a State Printer:-

William B. Allen, and Richard B. Brickell being in nomination the votes stood thus:

For Mr. Allen 43- Mr. Brickell 29.

Whereupon the Speaker declared Mr. Allen duly elected State Printer for the ensuing year.

Those who voted for Mr. Allen, are,

Mr. Bibb

Smith

Coleman

Hill

Shortridge

Casey

Sullivan

Fitzpatrick

Harvey

Taylor

Coats

Wood

Farrar

Jones

Terrell

Conner

Mr. Speaker

Ford

Jackson

Thompson

Devereux

Adams

Gayle

Kennedy

Wallace

McVay

Barclay

Harris of B.

Merriwether

Weissinger

Metcalf,

Bailey

Hunter of T.

Oliver

Williams- 43

Murphy

Browning

Hunter of C.

Rutherford

Shackleford

Crenshaw

Hardwicke

Riviere

Those who voted for Mr. Brickell, are,

Mr. President

Adair

Davis

Leake

Pope

Armstrong

Abercrombie

Edmondson

Mead

Rather

Crabb

Browne

Fitz

Montgomery

Sanders

Hopkins

Clay

Fearn

Morton

Winston

McCamy

Dulaney

Hubbard

Martin

Young- 29

Moore

Durrett

Hallett

McClung

 


141

The two Houses then proceeded to the election of five Port Wardens for the Port and Harbour of Mobile- Daniel McGibbon, Henry Gunnison, Thomas T. Holt, Francis B. Stockton, and Joseph W. Moore, being in nomination: Those who voted for the, are,

Mr. President

Mr. Speaker

Fearn

Kennedy

Shortridge

Armstrong

Adair

Ford,

Leake

Sanders

Bibb

Abercrombie

Gayle

Mead

Taylor

Casey

Adams

Harris of W.

Merriwether

Terrell

Coats

Browne

Hunter of T.

Montgomery

Thompson

Crabb

Crenshaw

Hunter, of C.

Morton

Wallace

Devereux

Clay

Hubbard

Martin

Winston

Hopkins

Dulaney

Hallett

McClung

Weissinger

Metcalf

Davis

Hardwicke

Oliver

Williams

Moore

Edmondson

Hill

Pope

Young- 62

Murphy

Fitzpatrick

Harvey

Rutherford

Shackleford

Fitz

Jones

Rather

Smith

Farrar

Jackson

Skinner

The Speaker thereupon declared them duly elected Port Warden of the Port and Harbour of Mobile.

And then the Senate returned to their chamber.

Mr. Rutherford offered the following resolution: Resolved, that a committee be appointed to wait on the Rev. Quin Morton, and request him to deliver in the Representative chamber, on to-morrow, at 11 o'clock, a sermon suitable to the commemoration of the Christian era; which was adopted.

Yeas 30                        Nays 19

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

Mr. Speaker

Clay

Hunter of T.

Mead

Riviere

Adair

Dulaney

Hunter of C.

Montgomery

Rather

Abercrombie

Davis

Hubbard

McClung

Shortridge

Adams,

Gayle

Hallett

Oliver

Sanders

Bailey

Harris, of B.

Jackson

Pope

Taylor

Crenshaw

Harris of W.

Kennedy

Rutherford

Thompson- 30

Those who voted in the negative, are,

Mr. Barclay

Edmondson

Hardwicke

Leake

Winston

Browne

Fitzpatrick

Hill

Merriwether

Williams

Browning

Fitz

Harvey

Skinner

Young- 19

Coleman

Farrar

Jones

Terrell

Whereupon Messrs. Rutherford, Fearn and Hallett were appointed said committee.

Mr. Mead moved, that this House do now adjourn till Thursday morning 9 o-clock; which was lost.

Yeas 24- Nays 31.

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

Mr. Speaker

Dulaney

Hunter of C.

Montgomery

Shortridge

Abercrombie

Fearn

Hubbard

Martin

Thompson

Bailey

Harris of W.

Hallett

McClung

Weissinger

Crenshaw

Harris of B.

Jackson

Oliver

Young- 24

Clay

Hunter of T.

Mead

Rutherford

Those who voted in the negative, are,

Mr. Adams

Davis

Hardwicke

Pope

Wallace

Adair

Edmondson

Hill

Riviere

Winston

Barclay

Fitzpatrick

Harvey

Rather

Williams- 31.

Browne

Fitz

Jones

Skinner

Browning

Farrar

Kennedy

Sanders

Coleman

Ford

Leake

Taylor

Durrett

Gayle

Merriwether

Terrell

The House then adjourned till Thursday morning 8 o'clock.