78

Thursday, Dec. 12, 1822.

The Senate met pursuant to adjournment.

Mr. Hopkins, from the judiciary committee, to whom was referred the bill, to be entitled ‘an act for the trial of the right of  property taken by virtue of an execution or attachment and claimed by a person not a part to the suit,’ reported the same without amendment.

Ordered, that said bill be made the order of the day, for a third reading on to-morrow.

Mr. Hopkins, from said committee to whom was referred a bill, to be entitled ‘an act to authorize a change of venue in chancery causes in certain cases,’ reported the same without amendment.

Ordered, That said bill be engrossed, and made the order of the day for a third reading on to-morrow.

Mr. Hopkins, from said committee, to whom was referred the petition of the administrators of John Lucas, deceased, and the administrators of John Waugh, deceased, reported a bill to be entitled ‘an act to authorize the administrators of John Lucas, deceased, and the administrators of John Waugh, deceased, to sell real estate;’ which was read the first time.

Ordered, that said bill be made the order of the day for a third reading on to-morrow.

Mr. Moore, from the committee on enrolled bills, reported that said committee had examined the following acts, and found the same correctly enrolled, to wit:

‘An act to authorize the Governor of this state to remit all, or part of any forfeiture which has or may accrue to this state;’

‘An act the better to secure debts upon writs of Error;’

‘An act to amend an act to appoint commissioners to lay out certain roads therein specified, and for other purposes;’

‘An act to manumit certain slaves therein named;’

‘An act divorcing Nathan Briley from his wife Elizabeth Briley;’

‘An act for the relief of John P. Hickman and Richard Ellis;’ and

‘An act concerning the judges of the county courts;’ which were accordingly signed by Mr. President.

Mr. Conner obtained leave to introduce a bill, to be entitled ‘an act to repeal all acts, or parts of acts, requiring an oath to be taken on receiving a license, to retain spirituous liquors;’ which was read the first time.

Ordered, that said bill be made the order of the day for a second reading on to-morrow.

A bill, to be entitled, ‘an act to prescribe the mode of certifying executions from justices of the peace, from one county to another;’ and

A bill, to be entitled ‘an act to authorize ministers of the gospel to solemnize the rites of matrimony;’ were severally read the second time.

Ordered, that said bills be committed to the committee on the judiciary, to examine and report thereon.

Ordered, that Mr. Powell be added to the committee on the judiciary.

An engrossed bill, to be entitled ‘an act providing for the election of sheriff in certain cases, and for other purposes,’ was read the third time and passed.

Ordered, that the title of said bill be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

Mr. Moore, from the committee on enrolled bills, reported, that said committee had examined.

‘An act to authorize Rosanna Lampkin and Elijah Hogan to convert to Isaac Jackson a certain tract of land therein mentioned;’ and


79

‘An act concerning intestates estates;’ and found the same duly enrolled which were accordingly singed by Mr. President.

A message was received from the House of Representatives, by Mr. Davis, a member thereof, informing the Senate, that they have read the third time and passed, a bill to be entitled ‘an act to compel clerks of the circuit and county courts to give bond and security within the time therein prescribed;’ in which they desire the concurrence of the Senate.  Said bill was read the firs time.  Ordered, That the same be made the ordered of the day for a second reading on to-morrow.

On motion of Mr. Sullivan, the bill, to be entitled ‘an act for the payment of Jurors in the Circuit courts of this state,’ was taken up: and on the question ‘Shall said bill pass?’ it was decided in the negative.

Yeas

7.

Nays

12.

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

Mr. Bibb

Coats

Devereux

Sullivan- 7.

Casey

Conner

Murphy

Those who vote din the negative, are,

Mr. President

Hopkins

Metcalf

Shackleford

Armstrong

McCamy

Moore

Smith

Crabb

McVay

Powell

Wood- 12.

On motion of Mr. Armstrong, the bill to be entitled ‘an act to manumit a negro woman slave Margaret, and her children’ was taken up.

Mr. Armstrong offered an amendment to said bill by way of rider, which was read three several times and adopted.  Said bill was then passed as amended.  Ordered, that the same be sent to the House of Representatives for their concurrence.

On motion the senate adjourned till 3 o’clock.

Evening- 3 o’clock.

The Senate met pursuant to adjournment.

Mr. Bibb offered the following resolution: ‘Resolution, that his Excellency the Governor be requested to lay before the Senate, such information as may be in his possession, relative to the accounts between this state and the state of Mississippi;’ which was adopted.

Mr. Casey presented a communication from the Adjutant General; which was read and referred to the military committee.

Mr. Bibb obtained levy to introduce a bill, to be entitled ‘an act to lay a tax on all persons bringing negroes into this state for salve;’ which was read the first time.

Ordered, that said bill be made the order of the day for a second reading on to-morrow.

Mr. Casey, from the committee on roads, bridges and ferries, reported a bill, to be entitled, ‘an act to appoint commissioners to lay out two roads leading from the ford of Line creek; the one to Coffeeville, the other to Tuskaloosa;’ which was read the first time.

Ordered, That said bill be made the order of the day for a second reading on to-morrow.

A message from the House of Representatives by Messrs. Gayle and Davis, members thereof.

Mr. President an Gentlemen of the Senate:

I am instructed by the House of Representatives to inform your honorable body, that they have adopted the following Resolution: ‘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.

 


80

Walker, resigned, also, to elect a Senator to the Congress of the United States, for the ensuing six years after the 4th day of March, 1823.

Whereupon, the members of the Senate repaired to the Representative chamber; and after having taken their seats, Mr. President arose and declared the object of the meeting --  When both house proceeded to the election of Senator to the Congress of the United States, to supply the vacancy occasioned by the resignation of the Hon. J. W. Walker.

John McKinley and William Kelly, esqs, in nomination:

The votes stood thus:

For Mr. Kelly

39.

Mr. McKinley

38.

Those who voted for Mr. Kelly, are,

Mr. Casey

Wood

Fitzpatrick

Hardwicke

Skinner

Coats

Adams

Farrar

Jones

Terrill

Crabb

Barclay

Ford,

Kennedy

Thompson

McCamy

Bailey

Gayle

Merriwether

Wallace

Metcalf

Crenshaw

Harris, of B.

Martin

Winston

Murphy

Coleman

Hunter, of C.

Norwood

Weissinger

Smith

Dulaney

Hunter of T.

Rutherford

Williams- 39.

Sullivan

Edmondson

Hunt

Rather

For Mr. McKinley- 38.

Mr. President

Powell

Durrett

Harvey

Pope

Armstrong

Shackleford

Davis,

Jackson

Riviere

Bibb

Mr. Speaker

Fitz

Leake,

Shortridge

Conner

Adair

Fear,

Mead,

Sanders

Devereux

Abercrombie

Harris, of W.

Montgomery

Taylor

Hopkins

Browne

Hubbard,

Morton

Young- 38.

McVay

Browning

Hallett,

McClung

Moore

Clay

Hill

Oliver

Mr. Kelly having a majority, Mr. Speaker declared him duly elected senator to the congress of the United States to supply the vacancy occasioned by the resignation of the Hon. J. W. Walker.

Both house the proceeded to the election of a Senator to the Congress of the United States for the ensuing six years, after the fourth day of March one thousand eight hundred and twenty-three:

William Crawford, William R. King, William King, and John McKee esquires, in nomination: The votes stood thus:-

Mr. Crawford- 32.

Those who voted for Mr. Crawford, are,

Mr. President

Shackleford

Browning

Hubbard

Pope

Bibb

Wood

Clay

Hunt

Riviere

Conner

Mr. Speaker,

Dulaney

Halley

Sanders

Devereux

Abercrombie

Davis

Mead

Taylor- 32

Hopkins

Barclay

Harris of W.

McClung

McVay

Browne

Hunter of C.

Oliver

For William R. King.

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

For William King,

Mr. Armstrong

Crabb

Gayle

Harris, of B.

Morton- 5.

For John McKee.

Mr. Powell

Farrar

Jackson

Shortridge

Durrett

Hunter of T.

Leake

Williams

Edmondson

Hill,

Martin

Young- 12.

Neither of the persons in nomination having a constitutional majority both houses proceeded to vote a second time for a senator to the congress of the United States:--  the same persons in nomination.


81

The votes stood thus:

For Mr. Crawford,

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

For William R. King,

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.

For William King,

Mr. Armstrong,

Gayle

Harris of B.

Morton- 4.

For John McKee,

Mr. Powell

Hunter of T.

Jackson

Shortridge

Young- 9

Edmondson

Hill

Martin

Williams

Neither having a majority, both houses proceeded to vote a third time: William Crawford, William R. King and William King, in nomination, The votes stood thus:

For Mr. Crawford,

Mr. President,

Shackleford

Browning

Hubbard

Oliver,

Bibb,

Wood-.

Clay

Hunt

Pope

Conner,

Mr. Speaker

Dulaney

Hallett

Riviere

Devereaux,

Abercrombie

Davis

Leake

Sanders

Hopkins,

Barclay

Fearn

Mead

Taylor

McCamy,

Bailey

Harris, of W.

Montgomery

Young- 34

McVay,

Browne

Hunter, of C.

McClung

For Mr. William R. King,

Mr. Casey,

Smith

Fitzpatrick

Jackson

Terrell

Coats,

Sullivan

Farrar

Kennedy

Thompson

Crabb,

Mr. Adair

Ford

Merriwether

Wallace

Metcalf

Adams

Hunter of T.

Norwood

Winston

Moore,

Crenshaw

Hardwicke

Rutherford

Williams

Murphy

Coleman

Hill   Harvey

Rather

Weissinger- 35.

Powell

Durrett,

Jones

Skinner

For William King,

Mr. Armstrong

Gayle

Morton,

Edmondson

Harris of B.

Martin --  6.

Neither of the persons in nomination having a constitutional majority, both houses proceeded to vote a fourth tie.

The votes stood thus:

For Mr. Crawford,

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- 35

McVay

Browne

Hunter of C.

McClung

For William R. King,

Mr. Casey

Sullivan

Farrar

Kennedy

Wallace

Coats

Adair

Ford

Merriwether

Winston

Crabb

Adams

Hunter of T.

Norwood

Williams

Metcalf

Crenshaw

Hardwicke

Rutherford

Weissinger- 36.

Moore

Coleman

Hill,

Rather

Murphy

Durrett

Harvey

Skinner

Powell

Edmondson

Jones

Terrell

Smith

Fitzpatrick

Jackson

Thompson

L


82

For William King,

Mr. Armstrong

Gayle

Harris of B.

Martin- 4.

Neither having a majority of the whole number, both houses proceeded to vote the fifth time --  the same gentlemen in nomination.  The votes stood thus:

Mr. Crawford-

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

For William R. King,

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

Terrill

Smith

Fitzpatrick

Jackson

Thompson

For William King,

Mr. Armstrong

Harris, of B.

Martin

Gayle

Hunter, of C.

Morton- 6.

Neither having a constitutional majority- both houses proceeded to vote the sixth time --  the same gentlemen in nomination.  The votes stood thus:

For Mr. Crawford,

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

McVay

Bailey

Harris of W.

Montgomery

Young- 34.

McCamy

Browne

Hunter of C.

McClung

For William R. King,

Mr. Casey

Sullivan,

Farrar

Kennedy

Wallace

Crabb

Adair,

Ford

Merriwether

Winston

Coats

Adams

Hunter of T.

Norwood

Williams

Metcalf

Crenshaw

Hardwicke

Rutherford

Weissinger- 36.

Moore

Coleman

Hill

Rather

Murphy

Durrett

Harvey

Skinner

Powell

Edmondson

Jones

Terrell

Smith

Fitzpatrick

Jackson

Thompson

For William King,

Mr. Armstrong

Gayle

Harris of B.

Morton

Martin-5

Neither having a majority of the whole number of both houses, then proceeded to vote a seventh time:-

William R. King and William Crawford in nomination, (the name of William King having been withdrawn.)

Those who voted for William R. King, are,

Mr. Casey

Sullivan

Farrar

Jones

Terrell

Coats

Mr. Adams

Ford

Jackson

Thompson

Crabb

Adair

Gayle

Kennedy

Wallace

Metcalf

Crenshaw

Harris of B.

Merriwether

Winston

Moore

Coleman

Hunter of Tusk.

Norwood

Williams

Murphy

Durrett

Hardwicke

Rutherford

Weissinger- 38.

Powell

Edmondson

Hill

Rather

Smith

Fitzpatrick

Harvey

Skinner

 


83

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

William R. King, esq. having a majority of both houses, Mr. Speaker declared him duly elected a senator to the Congress of the United States for the ensuing six years, after the fourth day of March 1823.

The elections having been gone through, the senate withdrew and retired to their own chamber, and Mr. President resumed the chair.

On motion the Senate adjourned till to-morrow morning, at 10 o’clock.