Wednesday, November 27.

The senate met pursuant to adjournment.

The following message was received from the House of Representatives, by Mr. Dodson, their clerk:

Mr. President and Gentlemen of the Senate:

I am instructed by the House of Representatives to inform your honourable body, that they have read a third time and passed, bills of the following titles, to wit:

An act for the relief of Henry Stokes and others; and,

An act, permanently to fix the seat of Justice for the county of Blount, in which they desire your concurrence.

Mr. Shackleford presented the petition of Wm. Chestnut; which was read.

And on motion, referred to a select committee: Whereupon Messrs. Shackleford, Casey and Murphy, were appointed said committee.

Mr. McVay, from the committee of privileges and elections, made a report, that the committee have examined the credentials and other evidence of election of the following members, and found them duly elected, to wit:

F. W. Armstrong, from the district composed of the counties of Mobile, Baldwin and Washington;

John W. Devereux, from Conecuh, Covington, Pike, and Henry;

John Murphy, from Monroe;

Thomas Casey, from Dallas;

Neal Smith, from Wilcox and Clarke;

John Coats, from Marengo and Greene;

Dunklin Sullivan, from Perry and Autauga;

Jack Shackleford, from Bibb and Shelby;

David Conner, from St, Clair and Blount;

John Wood, from Jefferson;

Levin Powell, from Tuskaloosa and Pickens;


29

William Metcalf from Marion and Franklin;

Arthur F. Hopkins, from Lawrence;

Thomas D. Crabb, from Morgan;

Robert McCamy, from Jackson and Decatur;

Nicholas Davis, from Limestone;

David Moore, from Madison;

Hugh McVay, from Lauderdale; and

John D. Bibb, from Montgomery and Butler;

Which was concurred in.

A communication in writing was received from His Excellency, by J. J. Pleasants, esq. secretary of State; which was read, and is as follows:

Executive Department, Nov. 27, 1822.

Gentlemen of the Senate,

In compliance with the resolution of the senate passed on yesterday, requesting to be furnished with the returns of the census, as taken under a law of the state, and, also, the census taken by order of the General Government, I have the honour, herewith to furnish you the documents embraced in your resolution.

ISRAEL PICKENS.

On motion, Ordered, that said communication with the accompanying documents, be referred to the committee appointed to lay off the state into Congressional Districts.

Mr. McVay, from the select committee, to whom was referred the petition of Samuel D. McMahan, reported a bill, to be entitled, ‘an act to authorize the emancipation of certain slaves therein mentioned;' 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. Crabb, from the select committee, to whom was referred the petition of sundry inhabitants of Blount county, reported a bill, to be entitled ‘an act to establish a public road, from the house of John Gandie in Morgan county to Baltimore in Blount county;' 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. Devereux, from the select committee, to whom was referred the petition of Seaborne J. Whatley, made a report; which was received, and ordered to lie on the table till to-morrow.

A bill from the House of Representatives, to be entitled ‘an act for the relief of Henry Stokes and others,’ and a bill to be entitled ‘an act permanently to fix the seat of justice for the county of Blount;' were severally read the first time.  Ordered, That said bills be made the order of the day, for a second reading on to-morrow.

Mr. Casey obtained leave to introduce a bill, to be entitled ‘an act to exempt preachers of the gospel from the payment of ferriage in certain cases;' 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 authorize Rosanna Lambkin and Elijah Hogan to convey to Isaac Jackson a certain tract of land therein named;’

A bill to be entitled 'an act to repeal in part of an act supplementary to an act entitled an act to incorporate the city of Mobile;' and,

A bill to be entitled ‘an act to authorize the administrator and administratrix of Davis H. Mayhew, deceased, to sell real estate;' were severally


30

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

A bill to be entitled ‘an act respecting Jeofails,’ was read the second time.  On motion, ordered, that said bill be committed to the committee on the Judiciary, to examine and report thereon.

A bill, to be entitled ‘an act respecting sheriff’s sales,’ was read the second time.  Ordered, that said bill be committed to the committee on the Judiciary, to examine and report thereon.

A bill to be entitled ‘an act to alter the mode of voting in general elections by the people,’ was read the second time.

On, motion, Ordered, that said bill lie on the table.

An engrossed bill to be entitled ‘an act to authorize the administrator of John Dickson, deceased, to sell and transfer certain real estate,’ was read the third time and passed.  Ordered, that the words ‘engrossed bill to be entitled,’ be stricken out of the caption of said bill.

An engrossed bill to be entitled ‘an act to authorize John Chandler, administrator of N. L. Hayden, deceased, to sell real estate,' was read the third time and passed.

Ordered, That the title of the said bill be ‘an act to authorize John Chandler, administrator of N. L. Hayden, deceased, and Edward Conway, administrator of Joseph Withers, deceased, to sell real estate.’

Ordered, That the secretary notify the House of Representatives of the passage of said bills, and desire their concurrence.

The report of the military committee to whom was referred the report of the Comptroller, made in obedience to a call of the Senate, upon the subject of the pay allowed Brevet Brigadier General Dale, was taken up and concurred in.

The resolution reported by said committee, was then read the second time; and Ordered, to be engrossed, and made the order of the day for a third reading on to-morrow.

Mr. Armstrong obtained leave to introduce a bill, to be entitled ‘an act to prevent immoral and disorderly conduct at places of religious worship;' 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 Mr. Hallett, member thereof: Mr. President and Gentlemen of the Senate, I am instructed by the House of Representatives to inform your honourable body, that they have adopted the following resolution:

Resolved, That both branches of the General Assembly convene in the Hall of the House of Representatives, at three o’clock this afternoon, for the purpose of electing a Solicitor for the first judicial circuit of this state; and that this resolution be communicated to the Senate for their concurrence.

On motion of Mr. Shackleford, Resolved that the Comptroller of public accounts cause to be laid before this House, a consolidated return of the objects of taxation in this state for the year past, with a return of the amount derived from each object in each county.

On motion of Mr. Wood, Resolved, that the military committee be instructed to inquire into the expediency of furnishing all the commissioned officers of the militia of this state with the militia and patrol laws.

On motion of Mr. Bibb, ordered, that Messrs. Shackleford and Powell be added to the committee on propositions and grievances.


31

Mr. Casey obtained leave to introduce a bill, to be entitled 'an act relative to election precincts;’ 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. Moore moved that the Senate concur in the resolution of the House of Representatives, proposing to go into the election of a solicitor for the first judiciary circuit this afternoon, at three o’clock.

And on the question being put, it was resolved in the affirmative.

Ordered, That the secretary inform the House of Representatives thereof. On motion of Mr. Smith, ordered, that Mr. Bibb be added to the committee on roads, bridges and ferries.

On motion the Senate adjourned till 3 o’clock, P.M.

Three o’clock, P.M.

The Senate met pursuant to adjournment.

On motion of Mr. Crabb, Resolved, that the judiciary committee be instructed to inquire into the expediency of requiring sheriffs and constables to make all returns within the jurisdiction of justices of the peace, in civil cases, to some justice residing within the limits of the beat where the debt was contracted, or where the defendant may reside.

Mr. McVay offered the following resolution: Resolved, that the judiciary committee be instructed to inquire into the expediency of so altering or amending the constitution, that a senatorial term be two years and no longer.  Mr. Powell moved to strike out the words 'two years,' in said resolution, and insert in lieu thereof, the words 'one year;' and on the question being put, it was resolved in the affirmative.

The question was hen put on the adoption of said resolution as amended, and decided in the negative.

A message from the House of Representatives by Messrs. Morton and Winston: Mr. President and 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 the Senate be informed, that the House of Representatives are now ready to go into the election of a solicitor of the first judicial circuit; and that they be invited to the Representative hall, for that purpose.

Whereupon the members of the Senate repaired to the Representative chamber; and after having taken their seats, the President arose and declared the object of the meeting, and both houses proceeded to the election of a solicitor of the first judicial circuit; Thomas Murray and Ptolemy T. Harris in nomination.

Those who voted for Mr. Murray, are,

Mr. President

Shackleford

Durrett

Jackson

Riviere

Bibb

Mr. Speaker

Edmondson

Kennedy

Skinner

Casey

Adair

Fearn

Mead

Shortridge

Crabb

Abercrombie

Gayle

Merriwether

Sanders

Devereux

Adams

Harris of B.

Montgomery

Terrell

Hopkins

Browne

Hunter of C.

Morton

Wallace

McVay

Barclay

Hubbard

Martin

Winston

Metcalf

Clay,

Hallett

McClung

Weissinger

Murphy

Dulaney

Jones

Pope

Young- 45.

Those who voted for Mr. Harris, are,

Mr. Coats

Wood

Ford

Harvey

Taylor

Conner

Bailey

Harris of W.

Leake

Thompson

Moore

Coleman

Hunter of T.

Norwood

Williams- 27

Powell

Davis

Hunt

Oliver

Smith

Fitz

Hardwicke

Rutherford

Sullivan

Farrar

Hill

Rather

 


32

Mr. Murray having a majority, Mr. Speaker declared him duly elected Solicitor of the first Judicial circuit.  The election 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.