Saturday, December 29, 1827.

The House met pursuant to adjournment.

Mr. Wiggins presented the petition of James Thompson, tax collector of Monroe county, praying for relief therein mentioned; which was read and referred to the committee on propositions and grievances.

Mr. Duke presented the petition of sundry inhabitants of marion county, praying the passage of a law to establish a certain road mentioned; which was read and referred to the committee on roads, bridges and ferries.

Mr. Ellis from the committee on enrolled bills Reported that they had examined and found correctly enrolled, bills of the following titles, to wit: an act to change the time of holding the county court of Monroe county: an act to authorize the Judge of the county court and commissioners of revenue and roads of Tuscaloosa county to hold a special court, which originated in the Senate: also, an act to alter the boundaries of certain counties therein named.

Mr. Martin from the committee on propositions and grievances, to whom was referred the petition of Joseph Owens, reported a bill to be entitled “an act for the relief of Joseph Owens;” which was read a first time and ordered to be read a second time on Monday next.

Mr. Martin from the committee on propositions and grievances to which was referred the petition of Romeo Andre, reported a bill to be entitled “an act to emancipate certain persons therein named;” which was read a first time and ordered to be read a second time on Monday next.

Mr. Coopwood from the select committee to which was referred a bill to be entitled “an act the better to designate free persons of color;” reported the same with the following amendments: by striking out the word “from” in the 8th line of the 1st section, and inserting the word “by;” and also by striking out all the first section after the word "be" in the 9th line, and inserting the following: “filed in the clerk's office, there to remain until said free persons of color shall be about to leave the county; and all free persons of color shall, within one month after they become residents of any county in this state, file with the clerk of the county court his or her free papers; and on failure to do so, shall be dealt with as run away slaves: provided that whenever it may be necessary, the clerk shall certify that the free papers of any free person of color is regularly filed in his office, which shall be sufficient evidence of their freedom: also by striking out the 4th section: in which amendments the House concurred.

On motion of Mr. Bradford resolved. that the Judiciary committee be instructed to inquire into the expediency of extending the time within which suits founded on open accounts be instituted; and that the said committee report by bill or otherwise.

Mr. McRae of mon. from the select committee to whom was referred the petition of sundry persons living in the town of Claiborne and its vicinity, praying the passage of a law authorizing the election of an additional constable in the beat embracing said town, reported a bill to be entitled “an act to authorize the election of an additional constable in the beat embracing the town of Claiborne;” which was read a first time and ordered to


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be read a second time on Monday next.

Mr. Moore of Jack. obtained leave to introduce a joint resolution to provide a house for the accommodation of the next General Assembly, which was read a first time, and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a second time forthwith and referred to the committee on the state Capitol.

On motion of Mr. McRae of Frank. resolved that the select committee appointed to draft a memorial to the Congress of the United States, to release the purchasers of public lands &c. be requested to take into consideration the expediency of instructing our senators and requesting our representatives in Congress to use their best exertions to have a law passed for the encouragement of the manufactures of Iron and castings; to make a donation of a certain quantity of land that has been offered for sale and would not bring the minimum price, for the encouragement of Iron masters.

A message from the Senate by Mr. Lyon.

Mr. Speaker: - The Senate have passed bills which originated in their House entitled an act for the relief of appearance bail: and an act to authorize John G. Creagh to bring to the state the slaves of his wards Anne D. Houze and James Houze: in which they desire your concurrence. They have passed bills which originated in the House of Representatives, entitled an act in relation to a certain fund therein mentioned: an act concerning the estates of deceased persons and have amended the same in the manner herewith shown: also an act altering the punishment of forgery and counterfeiting in certain cases, and have made sundry amendments thereto all of which accompany the bill; and also a joint resolution proposing amendments to the constitution of the state of Alabama, and have amended the same by striking out “6 years;” the time for and during which the Judges were to be elected, and by inserting in lieu thereof “seven years,” as their period of service, and by striking from the resolution all that part relating to the classification of the Judges and substituting the accompanying amendment upon the same subject in lieu thereof: in all of which amendments they respectfully desire your concurrence.  And then he withdrew.

Ordered that the House concur in the amendments made by the Senate to the bill entitled “an act concerning the estates of deceased persons by striking out in the 2nd section the word “and” in the 16th line, and all after the 17th, 18th, and 19th lines of the same section, and from the beginning to the word “and” exclusive of the 20th line and the words “with interest as aforesaid” in the 22nd line of the same second section.  Ordered, that the House disagree to the amendments made by the Senate to the bill entitled “an act altering the punishment of forgery and counterfeiting,” by inserting in the 7th line of the 1st section after the word ‘any,’ the words “last will or testament gold or silver coin made current by law:” the House disagree to the amendment made in the 22nd line of the 1st section, by inserting after the word “counterfeited” the words “gold or silver coin.”  Ordered that the House concur in the amendments made by the Senate to the bill by striking out the 2nd section: strike out of the 3rd section, 2nd line, after the word “hereafter” and insert the word “after” -- same section, 3rd line after te words “procured to be” inserted the word “altered:” same section 4th line after the words “aid and assist in the” insert the word “altering:” 3rd section 13th line strike out the words 'in the same manner as is prescribed in the second section of this act' and

21


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insert the words “with death,” in lieu thereof -- which was concurred in by the House.  Ordered that the House concur in the amendment made by the Senate to the joint resolution proposing amendments to the constitution of the state of Alabama, by striking out ‘six years,’ the time for and during which the Judges were to be elected, and by inserting in lieu thereof 'seven years.’  Yeas 47 - nays 14.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bonnell Clark Colgin Conner Cook Coopwood Daniel Davis Dennis Duke Edmondson Forrest Harris Higgins Jack Kelly Lawler Lewis McVay of Laud. McVay of Law. Massey McRae of Frank. Moore of mad. Paulding Rainey Richardson Robertson Russell Sargent Sharp Sibley Smith of clarke. Stone Tarver Terry Vaughan Walker Ward Weisinger Wiggins - 47.

Those who voted in the negative are,

Mr. Bridges Craig Durrett Ellis Greening Martin McRae of mon. Moore of Jack Perkins Price Rather Ross Vining Walthal - 14.

Mr. Greening moved that the resolution lie on the table; which was carried.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled, an act to form a seventh Judicial circuit, Reported the same with the following amendment, to wit: "strike out all after the words" to wit, ' in the 3d line of the section and insert the following, viz: ' the circuit court of the county of Morgan shall commence on the first Mondays in March and September, and may sit two weeks: the circuit court for the county of Jackson shall commence on the third Mondays in March and September, and may sit two weeks: and the circuit court of Madison county shall commence on the first Monday after the fourth Monday in March and September, and may sit until the business is completed: In which amendments the House concurred.  Mr. Greening moved to strike out the counties named in the 1st section of the bill.  It was then laid on the table until Monday next.

Mr. Vaughan moved to reconsider the voted given yesterday on the passage of the bill entitled “an act to provide for the location of the University of the state of Alabama:” which was lost.  Yeas 29 - nays 33. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Bell Broadnax Bridges Bonnell Clark Cook Coopwood Craig Daniel Dennis Durrett Duke Edmondson Lawler Lewis McVay of Laud. McVay of Law. McRae of Frank. Price Rather Sargent Robertson Sharp Tarver Terry Vaughan Walthal Ward and Weisinger - 29.

Those who voted in the negative are,

Messrs Speaker Acklen Anderson Bradford Brown Colgin Collier Conner Davis Ellis Forrest Greening Harris Higgins Jack Kelly Martin Massey McRae of mon. Moore of Jack. Moore of mad. Paulding, Perkins, Rainey Richardson Ross Russell Sibley Smith of Clarke Stone Vining Walker Wiggins - 33.

Mr. Rainey from the select committee to whom was referred a bill to be entitled “an act to alter the times of holding the county courts of the county of Greene,” Reported the bill with an amendment, by striking out all after the enacting clause, and by substituting an amendment in lieu thereof: in which amendment the House concurred: it was then read a second time as amended and ordered to be engrossed for a third reading on Monday next.

Mr. Coopwood offered the following resolution: Resolved that the committee on the state Bank be instructed to inquire into the expediency of so amending the charter of said Bank, that no individual body politic or


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corporate shall hereafter become indebted to said Bank in a greater sum than five hundred dollars, so far as relates to the accommodation fund: which was lost.

Engrossed bills from the Senate of the following title to wit: an act to authorize John G. Creagh to bring into this state the slaves of his wards Anne D. Houze and James Houze; and an act for the relief of appearance bail; were severally read a first time and ordered to be read a second time on Monday next.

Engrossed bills from the Senate entitled “an act to organize and establish a circuit court in Dale county, and to arrange the counties of the first second and sixth judicial circuits,” was, on motion of Mr. Terry referred to a select committee consisting of Messrs Terry, Greening, Cook, Broadnax, Bridges and McRae of mon.

A bill to be entitled “an act to authorize the commissioners of revenue and roads of Mobile county, to levy a special tax and for other purposes” was read a second time and ordered to be engrossed for a third reading on Monday next.

Engrossed bill from the Senate entitled “an act to preserve the health of the inhabitants residing on Sinking Creek, in Lauderdale county,” was read a first time, and on motion of Mr. Craig, referred to the committee on propositions and grievances.

Joint resolution requiring the Bank of Mobile to report their situation to the General Assembly, was read a second time.  Mr. Stone offered the following proviso: “Provided the state of Alabama shall take and subscribe for the stock reserved by this state in the capital of said Bank;” which was lost; it was then laid on the table.

Engrossed bill from the Senate entitled “an act to provide for reports of the decisions of the Supreme Court,” was read a second time and referred to the Judiciary committee.

Engrossed bill entitled “an act to authorize the sales of sixteenth sections and for other purposes;” was read a third time.  Mr. Moore of Jack. moved to amend the bill by way of the following engrossed ryder; “one thousand or double the value of the section to be determined by the commissioners.”  Mr. Forrest moved to amend the amendment with the following, “if the minimum price of the section should exceed one thousand dollars,” which was lost.  The question was then put on Mr. Moore's amendment and lost.  Mr. Perkins moved to reconsider the vote taken on filling the blank with $15,000, which was lost.  Mr. Lawler moved to amend the bill by way of the following engrossed ryder; “in such sum as the Judge of the county court may direct, not exceeding fifteen thousand;” which was carried.  Mr. Acklen moved to amend the bill by way of the following engrossed ryder; “Provided said commissioners shall not either by himself or any person for them, become the purchaser of said land;” which was lost.  And the question being put, shall this bill pass? it was determined in the affirmative.  Yeas 45 - nays 13.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs Speaker Anderson Bradford Brown Broadnax Bridges Bonnell Clark Colgin Collier Conner Cook Daniel Davis Dennis Duke Ellis Forrest Greening Harris Higgins Jack Lawler Massey McRae of mon. McRae of Frank. Moore of Jack. Moore of mad. Perkins Rainey Rather Richardson Russell Sargent Sharp Smith of Clarke Stone Tarver Terry Vaughan Walker Walthal Ward Weisinger and Wiggins.

Those who voted in the negative are,

Mr. Acklen Bell Coopwood Craig Durrett Edmondson Martin McVay of Laud. McVay of Law. Price Robertson Sibley Vining - 13


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Ordered that the title be as aforesaid.  Ordered that the same be sent the Senate for their concurrence.

A message from the Senate by Mr. Lyon.

Mr. Speaker - The Senate have amended the amendment made by Your honorable body to the bill entitled “an act to provide for the location of the University of the state of Alabama,” by striking out the 31st day of December, and inserting te words the "29th day of December at 4 o'clock P.M." so as to go into the location of the University this day at 4 o'clock P.M.  They concur in the remainder of the amendments made by your honorable body to the bill.  The House concur in the amendment made by the Senate to said bill by striking out the 31st and inserting 29th. Yeas 31 - nays 29.  The yeas and nays being desired, those who voted in the affirmative are,

Mr. Speaker Acklen Bradford Brown Broadnax, Bonnell Cook Dennis Greening Harris Higgins Jack Kelly Lawler Lewis Martin Massey McRae of mon. Moore of Jack. Rather Russell Sargent Sharp Sibley Smith of Clarke Stone Tarver Terry Walker Ward Wiggins - 31

Those who voted in the negative are,

Messrs Anderson, Bell, Bridges, Clark, Colgin, Collier, Conner, Coopwood, Craig, Daniel, Davis, Durrett, Duke, Ellis, Edmondson, Forrest, McVay of Laud. McVay of Law. McRae of Frank. Moore of mad. Perkins, Price, Rainey, Richardson, Robertson, Vaughan, Vining, Walthal and Weisinger.

On motion of Mr. Terry, Resolved, that the Senate be informed that the House of Representatives are ready to receive them to go into the election of a Judge of the county court for the county of Autauga, and that the east end of the Hall be appropriated for their reception.  The Senate having repaired to the Hall of the House of Representatives, both Houses then proceeded to the election of a Judge for the county court for the county of Autauga.  Alwin A. McWhorter being put in nomination, those who voted for Alwin A McWhorter are,

Mr. President, Abercrombie, Ashe, Barton, Brown, Casey, Crabb, Earle, Hubbard, Irwin, Jackson, Jones, McCamy, Merriwether, Miller, Moore, Powell, Shackelford, Skinner, Sullivan of the Senate.  Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Frank. Moore of Jack. Moore of mad. Perkins, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Smith of Clarke, Stone, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger and Wiggins - 74.

Alwin A. McWhorter having received a majority of votes given, Mr. Speaker therefore declared him duly elected Judge of the county court for Autauga county.  And then the House adjourned until two o'clock.

Evening Session, 2 o'clock.

The House met pursuant to adjournment.

A message from the Governor by James I. Thornton.

December 28, 1827.

Mr. Speaker: - The Governor did on the 28th instant, approve and sign the following bills: an act to provide for ascertaining the sense of the citizens of Autauga county with regard to the seat of Justice in said county: an act to revive and continue in force an act passed the 31st day of December, 1822, entitled an act to incorporate the town of Jonesborough, in the county of Jefferson: an act to alter the boundary line between the counties of Shelby and Autauga: an act relative to offsets be-


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fore Justices of the peace and for other purposes: and an act to incorporate the Blakeley and Greenville turnpike Company, all of which originated in the House of Representatives.

Mr. Coopwood obtained leave to introduce a bill to be entitled “an act for the relief of Andrew O. Horn;” which was read a first time and ordered to be read a second time on Monday next.

Engrossed bill from the Senate entitled, an act to authorize and require the Secretary of State, to provide and distribute to each county in this state, one set of weights and measures, was read a second time.  Mr. Weisinger moved to amend the bill by striking out of the 2d section, the words “twelve and one half,” with a view to insert “six and one fourth,” which was carried.  Mr. Forrest moved to amend the 2d section by striking out from the word “advertisement,” to the word “by,” which was carried.

Mr. Ellis from the committee on enrolled bills, reported that they had examined and found correctly enrolled, an act to provide for the location of the university at the State of Alabama.

Engrossed bill from the senate entitled, an act to repeal so much of the 3d section of an act entitled an act to reduce the expenses of the General Assembly, and for other purposes, passed at Cahawba the 15th day of June 1821 as is hereby specified, was read a first time, and the rule requiring bills and joint resolutions to be read on three several days being dispensed with, it was then read a second time forthwith.  Mr. Coopwood moved to strike out the words “five hundred,” wherever they occur in the bill, which was lost.  Mr. McVay of Laud. moved that the further consideration of the bill be indefinitely postponed, which was lost, yeas 23 - nays 33.

The yeas and nays being desired.  Those who voted in the affirmative are.

Messrs.  Anderson Bell Bradford Brown Clark Craig Daniel Davis Durrett Duke Edmondson McVay of Laud. McVay of Law. McRae of Frank. Moore of mad. Robertson Russell Sargent Smith of mad. Vining Walker Weisinger and Wiggins 23.

Those who voted in the negative are.

Messrs. Speaker Acklen Broadnax Bridges Bonnell Colgin Collier Conner Cook Coopwood Dennis Ellis Forrest Greening Harris Higgins Jack Kelly Lawler Martin Massey McRae of mon. Moore of Jack. Paulding Perkins Price Rainey Rather Richardson Ross Sharp Smith of Clark Stone Tarver Terry Vaughan Walthal and Ward- 38.

Engrossed bill entitled, an act to extend to St. Clair and Shelby counties, concurrent civil and criminal jurisdiction, with Autauga county in the creek nation, was read a third time and passed: Ordered, that the title be as aforesaid: Ordered that the same be sent to the Senate for their concurrence.

On motion of Mr. Acklen: Resolved, that the Senate be informed that the House of Representatives is now ready to receive them for the purpose of going into the election of a site for the university, and the east end of the Hall be assigned for their reception; whereupon the Senate having repaired to the Hall of the House of Representatives, and after having taken the seats assigned them Mr. President arose and announced the object of the meeting, when the two Houses proceeded by joint vote, to the selection of a site for the university of the State of Alabama, pursuant to the provisions of an act of the present session.

The University lands near Guges; Greensborough in Greene County; LaGrange in Franklin County; Athens in Limestone County; Montevallo in


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Shelby County; Honeycomb Springs in Jackson County; Sommerville in Morgan County; Moulton in Lawrence County; Davis' in Autauga County; Greenville in Butler County; Tuscaloosa, Elyton &Village Springs being in nomination.  The votes stood thus. - For Gages 4. - Greensborough 6. - Lagrange 4. - Athens 12. - Montevallo 7. - Honeycomb Springs 5. - Sommerville 4. - Moulton 4. - Davis' 22. - Greenville 1. - Tuscaloosa 11: - Elyton 4. - Village Spring none.

Those who voted for locating the University at or near Gage's are, Messrs. Sullivan, of the Senate. Smith of C. Walthal, and Weisinger, of the House of Representatives.

Those who voted for Greensborough are, Mr. Merriwether.  Rep's Anderson, Colgin, Rainey, Richardson, and Ross.

Those who voted for Lagrange are, Mr. Skinner.  Rep's. Kelly, McRae of  Frank. and Sargent.

Those who voted for Athens are, Mr. President. Rep's. Acklen, Bell, Craig, Durrett, Edmondson, Martin, McVay of Laud. Moore of Mad. Robertson, Smith of Mad. and Vining.

Those who voted for Montevallo are, Messrs. Ashe, Shackleford, Rep's. Bradford, Clark, Harris, Lawler, and Massey.

Those who voted for Honeycomb Springs in Jackson County are, Messrs. McCamy, Miller.  Rep's. Moore of J. Price, and Russell.

Those who voted for Sommerville are, messrs. Crabb, Evans.  Rep's. messers. Rather, and Vaughan.

Those who voted for moulton are, messrs. Hubbard, Rep's. Coopwood, Daniel, McVay of Law.

Those who voted for Davis's are, messrs. Abercrombie, Barton, Casey, Irwin.  Rep's. Mr. Speaker, Broadnax, Bridges, Bonnell, Cook, Davis, Dennis, Greening, Higgins, Lewis, McRae of mon. Sharp, Sibley, Tarver, Terry, Walker, Ward, and Wiggins.

Mr. Jones voted for Greenville.

Those who voted for Tuskaloosa are, messrs. Earle, Jackson, Moore, and Powell.  Rep's. messrs. Collier, Conner, Duke, Ellis, Jack, Perkins, &Stone.

Those who voted for Elyton are, messrs.  Brown. Rep's. Brown, Forrest, and Paulding.

Neither of the places in nomination having received a majority of the whole number of votes the two Houses proceeded to vote a second time for a site for the location of the University.  The vote stood thus. - For Gages 4. - Greensborough 5. - Lagrange 7. - Athens 15. - Montevallo 7. Honeycomb Springs 2. - Sommerville 3. - Davis' 24. - Tuskaloosa 12. - Elyton 4. - Village Springs 1. -

Those who voted for Gage's are, Messrs. Sullivan, Rep's. Smith of C. Walthal, and Weisinger.

Those who voted for Greensborough are, Messrs. Merriwether. Rep's. Anderson, Colgin, Rainey, and Richardson.

Those who voted for Lagrange are, Messrs. Skinner. Rep's. Coopwood, Craig, Daniel, McVay of Law. McRae of Frank. Sargent.

Those who voted for Athens are Mr. President, Miller, Hubbard. Rep's. Acklen, Bell, Durrett, Edmondson, Kelly, Martin, McVay of Laud. Moore of mad. Robertson, Russell, Smith of mad. Vining.

Those who voted for Montevallo are, Messrs. Shackleford, Ashe. Rep's. Bradford, Clark, Harris, Lawler, Massey.

Those who voted for Honeycomb Springs are, Messrs. McCamy, and Moore of Jack.

Those who voted for Sommerville are, Mr. Crabb. Rep's. Messrs. Rather and Vaughan.

Those who voted for Davis' are, Messrs. Abercrombie, Barton, Casey, Evans, Irwin, Jones. Rep's. Mr. Speaker, Broadnax, Bridges, Bonnell, Cook,


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Davis, Dennis, Greening, Higgins, Lewis, McRae of mon. Sharp, Sibley, Tarver, Terry, Walker, Ward, and Wiggins.

Those who voted for Tuskaloosa are, Messrs. Earle, Jackson, Moore, Powell. Rep's. Collier, Conner, Duke, Ellis, Jack, Perkins, Ross, Stone.

Those who voted for Elyton are, Messrs. Brown. Rep's. Brown, Forrest, and Paulding.

Mr. Price voted for Village Springs.

Neither of the places in nomination having received a majority of the whole number of votes the two Houses proceeded to vote a third time for a site for the location of the University Greensborough being withdrawn.  The votes stood thus-Gages 4.-Lagrange 9. -Athens 17.-Montevallo 8.- Davis' 24.-Elyton 5.-Tuskaloosa17.

Those who voted for Gages are, Mr. Sullivan. Rep's. Smith of C. Walthal, and Weisinger.

Those who voted for Lagrange are, Messrs. Crabb, Hubbard, Skinner, Rep's. Coopwood, Daniel, McRae of F. McVay of Laud. Rather, Sargent.

Those who voted for Athens are, Mr. President, Miller. Rep's. Acklen, Bell, Craig, Durrett, Edmondson, Kelly, Martin, McVay of Law. Moore of mad. Price, Robertson, Russell, Smith of mad. Vaughan, and Vining.

Those who voted for Montevallo are, Messrs. Ashe, Shackleford. Rep's. Bradford, Clark, Harris, Lawler, Massey, Moore of Jack.

Those who voted for Davis' in Autauga County are, Messrs. Abercrombie, Barton, Casey, Evans, Irwin, Jones. Rep's. Mr. Speaker, Broadnax, Bridges, Bonnell, Cook, Davis, Dennis, Greening, Higgins, Lewis, McRae of mon. Sharp, Sibley, Tarver, Terry, Walker, Ward, Wiggins.

Those who voted for Tuskaloosa are, Messrs. Earle, Jackson, Merriwether, Moore, Powell. Rep's. Messrs. Anderson, Colgin, Collier, Conner, Duke, Ellis, Jack, Perkins, Rainey, Richardson, Ross and Stone.

Those who voted for Elyton are, Messrs. Brown, McCamy. Rep's. Brown, Forrest, Paulding.

No one place having received a majority of the whole number of votes the two Houses proceeded to vote a fourth time for a site on which to locate the University.  The votes stood thus.-Gages 3.-Lagrange 4.-Athens 22.--- Montevallo 10.-Davis' 24.-Tuskaloosa 18.-Elyton3.

Those who voted to locate the University at or near Gages are, Messrs. Smith of clark. Walthal, and Weisinger of the House of Rep's.

Those who voted for Lagrange are, Messrs. Crabb, Skinner. Rep's. McRae of Frank. and Sargent.

Those who voted for Athens are, Mr. President, Hubbard, Miller. Rep's. Acklen, Bell, Coopwood, Craig, Daniel, Durrett, Edmondson, Kelly, Martin, McVay of Law. McVay of Laud. Moore of mad. Price, Rather, Robertson, Russell, Smith of mad. Vaughan, Vining.

Those who voted for Montevallo are, Messrs Ashe, McCamy, Shackleford. Rep's. Bradford, Clark, Harris, Lawler, Massey, Moore of Jack.

Those who voted for Davis' in Autauga County are, Messrs. Abercrombie, Barton, Casey, Evans, Irwin, Jones. Rep's. Mr. Speaker, Broadnax, Bridges, Bonnell, Cook, Davis, Dennis, Greening, Higgins, Lewis, McRae of mon. Sharp, Sibley, Tarver, Terry, Walker, Ward, & Wiggins.

Those who voted for Tuskaloosa are, Messrs. Earle, Jackson, Merriwether, Moore, Powell. Rep's. Anderson, Brown, Colgin, Collier, Conner, Duke, Ellis, Jack, Perkins, Rainey, Richardson, Ross, Stone.

Those who voted for Elyton are, Mr. Brown. Rep's. Forrest, and Paulding.

No place in nomination having received a majority of the whole number, the two Houses proceeded to vote a fifth time for a site on which to locate the University.  Gage's place being withdrawn, the votes stood thus: La Grange 4. Athens 20: Montevallo 10: Davis 25: Tuscaloosa 20: Elyton 3.  Those who voted to locate the University at LaGrange are, Messrs. Hubbard, Skinner, Rep's McRae of Frank. and Sargent.


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Those who voted for Athens are: Mr. President, Miller, McVay of Law. McVay of Laud. Moore of mad. Price, Rather, Robertson, Russell, Smith of mad. Vaughan, Vining.

Those who voted for Montevallo are Messrs. Ashe, McCamy, Shackleford, Bradford, Clark, Harris, Lawler, Massey, Moore of Jack.

Those who voted Davis' in Autauga, are Messrs. Abercrombie Barton Casey Evans  Irwin Jones. Rep's Messrs Broadnax Bridges Bonnell Cook Davis Dennis Greening Higgins Lewis McRae of mon. Sharp Sibley Tarver Terry Walker Walthal Ward Weisinger and Wiggins.

Those who voted for Tuscaloosa are, Messrs Crabb, Earle, Jackson, Merriwether, Moore, Powell. Rep's. Mr. Speaker, Anderson, Colgin, Collier, Conner, Duke, Ellis, Jack, Perkins, Rainey, Richardson, Ross, Smith of Clarke and Stone.

Those who voted for Elyton are Messrs Brown. Rep's Messrs Brown Forrest Kelly and Paulding.

No one place having received the requisite majority the two Houses proceeded to vote a sixth time for a site on which to locate the University.

The votes stood thus-For Lagrange 8.-Athens 22.-Montevallo 9.- Davis' 25.-Tuskaloosa 20.-Elyton 5.

Those who voted for Lagrange as a suitable site are,

Mr. Skinner. Rep's. Messrs. McRae of Frank. & Sargent.

Those who voted for Athens are,

Mr. President, Hubbard, Miller. Rep's. Acklen, Bell, Coopwood, Craig, Daniel, Durrett, Edmondson, Kelly, Martin, McVay of Laud. McVay of Law. Moore of mad. Price, Rather, Robertson, Russell, Smith of mad. Vaughan, and Vining.

Those who voted for Montevallo are,

Messrs. Ashe, McCamy, Shackleford, Sullivan.  Rep's. Messrs. Clark, Harris, Lawler, Massey, Moore of Jack.

Those who voted for Davis' are,

Mr. Abercrombie, Barton, Casey, Evans, Irwin, Jones, Broadnax, Bridges, Bonnell, Cook, Davis, Dennis, Greenings, Higgins, Lewis, McRae of Mon. Sharp, Sibley, Tarver, Terry, Walker, Walthal, Ward, Weisinger, and Wiggins.

Those who voted for Tuskaloosa are,

Messrs. Crabb, Earle, Jackson, Merriwether, Moore, Powell. Rep's Mr. Speaker, Anderson, Colgin, Collier, Conner, Duke, Ellis, Jack, Perkins, Rainey, Richardson, Ross, Smith of Clarke, Stone.

Those who voted for Elyton are,

Mr. Brown. Rep's Messrs. Bradford, Brown, Forrest, and Paulding.

No place received the requisite majority it being 40 minutes after six Mr. Craig moved that the House adjourn until Monday morning 10 o'clock which was lost. - Yeas 23 nays 40.

The two Houses proceeded to vote a seventh time for a site on which to locate the University.

The votes stood thus.  For Lagrange 3.-Athens 22.-Montevallo 6.- Davis' 27.-Tuskaloosa 22.-Elyton 4.-

Those who voted for Lagrange as a site for the University are, messrs. Skinner, McRae of Franklin, and Sargent.

Those who voted for Athens are Mr. President, Hubbard, Miller. Rep's. Acklen, Bell, Coopwood, Craig, Daniel, Durrett, Edmondson, Kelly, Martin, McVay of Law. McVay of Laud. moore of mad. Price, Rather, Robertson, Russell, Smith of mad. Vaughan, Vining.

Those who voted for Montevallo are messrs. McCamy Shackleford. Rep's. messrs Clark Lawler Massey Moore of Jack.

Those who voted for Davis' in Autauga are messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones Sullivan. Rep's. messrs. Broadnax Bridges Bonnell Cook Davis Dennis Harris Higgins Lewis McRae of mon. Sharp Sibley Tarver Terry Walker Walthal Ward Weisinger & Wiggins.

Those who voted for Tuskaloosa are messrs. Brown Crabb Earle Jackson Merriwether Moore Powell. Rep's. Mr. Speaker Anderson Colgin Collier Conner Duke Ellis Greening Jack Perkins Rainey Richardson Ross Smith of C. and Stone.

Those who voted for Elyton are messrs. Bradford Brown Forrest &Paulding.


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Those who voted in the affirmative are messrs. Bridges Clark Cook Coopwood Craig Daniel Durrett Duke Edmondson Lawler McVay of Law. Paulding Price Rather Russell Sargent Smith of mad. Terry Vining Vaughan Walthal Weisinger.

Those who voted in the negative are messrs. Speaker Acklen Anderson Bell Bradford Brown Broadnax Bonnell Colgin Collier Conner Dennis Ellis Forrest Greening Harris Higgins Jack Kelly Lewis Martin McVay of Laud. Massey McRae of mon McRae of Frank Moore of J. Moore of mad. Perkins Rainey Richardson Ross Robertson Sharp Sibley Smith of C. Stone Tarver Walker Ward and Wiggins.

No one of the places in nomination having received the requisite number of votes the two Houses proceeded to vote the eighth time for a site on which to locate the University.  The votes stood thus.-For Lagrange 5. Athens 19.-Montevallo 6.-Davis' 30.-Tuskaloosa 21.-Elyton 3.

Those who voted to locate the University at Lagrange are Messrs. Hubbard Skinner. Rep's. Duke McRae of F. and Sargent.

Those who voted for Athens are Mr. President Miller Rep's. Messrs. Acklen Bell Coopwood Craig Daniel Durrett Edmondson Martin McVay of Law McVay of Laud. Moore of mad. Price Robertson Russell Smith of mad. Vaughan and Vining.

Those who voted for Montevallo are Messrs. McCamy Shackleford. Rep's Messrs Clark Lawler Massey Moore of Jackson.

Those who voted for Davis' in Autauga are Messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones Sullivan.  Rep's. Messrs. Broadnax Bridges Bonnell Cook Davis Dennis Greening Harris Higgins Lewis McRae of mon. Ross Sharp Sibley Stone Tarver Terry Walker Walthal Ward Weisinger and Wiggins.

Those who voted for Tuskaloosa are messrs. Brown Crabb Earle Jackson Merriwether Moore Powell. Rep's. Mr. Speaker Anderson Brown Colgin Collier Conner Ellis Jack Kelly Perkins Rainey Rather Richardson Smith of Clark.

Those who voted for locating the University at Elyton are Messrs. Bradford Forrest and Paulding.

Neither of the places in nomination having received a majority of the whole number of the two Houses proceeded to vote the ninth time for a place on which to locate the University.  The votes stood thus.-For Lagrange 8.-Athens 20.-Montevallo 5.-Davis' 30.-Tuskaloosa 21.

Those who voted to locate the University at Lagrange are messrs. Hubbard McCamy Skinner. Rep's. messrs. Duke McRae of Frank. Moore of J. Rather Sargent.

Those who voted for Athens are Mr. President Miller Acklen Bell Coopwood Craig Daniel Durrett Edmondson Kelly Martin McVay of Law. McVay  of Laud. Moore of mad. Price Robertson Russell Smith of mad. Vaughan and Vining.

Those who voted for Montevallo are messrs. Shackleford Bradford Clark Lawler and Massey.

Those who voted for Davis' in Autauga County are messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones Sullivan. Rep's. messrs. Broadnax Bridges Bonnell Cook Davis Dennis Greening Harris Higgins Lewis McRae of mon. Ross Sharp Sibley Stone Tarver Terry Walker Walthal Ward Weisinger and Wiggins.

Those who voted to locate the University at Tuskaloosa are messrs. Brown Crabb Earle Jackson Merriwether Moore Powell. Rep's. Mr. Speaker Anderson Brown Colgin Collier Conner Ellis Forrest Jack Paulding Perkins Rainey Richardson Smith of C.

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Neither of the places in nomination having received a majority of the whole number of the two Houses proceeded to vote the tenth time for a site on which to locate the University.  The votes stood thus-Lagrange 7. Athens 20.-Montevallo 8.-Davis' 31.-Tuskaloosa 18.

Those who voted for locating the University at Lagrange are Messrs. Crabb Hubbard Skinner Duke McRae of F. Price & Sargent.

Those who voted for locating the University at Athens are Mr. President Jackson Miller. Rep's. messrs. Acklen Bell Coopwood Craig Daniel Durrett Edmondson Kelly Martin McVay of Law. McVay of Laud. Moore of mad. Robertson Russell Smith of mad. Vaughan & Vining.

Those who voted for Montevallo are messrs. McCamy Shackleford Bradford Clark Lawler Massey Moore of J. and Rather.

Those who voted for locating the University at Davis' in Autauga County are messrs. Abercrombie Ashe Barton Casey Earle Evans Irwin Jones Sullivan. Rep's. Mr. Speaker Broadnax Bridges Bonnell Cook Davis Dennis Greening Harris Higgins Lewis McRae of mon. Sharpe Sibley Stone Tarver Terry Walker Walthal Ward Weisinger & Wiggins.

Those who voted for locating the University at Tuskaloosa are messrs. Brown Merriwether Moore Powell. Rep's. Anderson Brown Colgin Collier Conner Ellis Forrest Jack Paulding Perkins Rainey Richardson Ross Smith of C.

No place received a majority of the whole number of votes, Mr. Clark moved that the House adjourn until Monday morning 10 o'clock; which was lost.  Yeas 26 - nays 37. The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Acklen Bell Bridges Clark Cook Coopwood Craig Daniel Davis Dennis Durrett Duke Edmondson Lawler McVay of Law. Price Rather Robertson Russell Sargent Smith of mad. Terry Vaughan Vining Walthal Ward.

Those who voted in the negative are,

Messr. Speaker Anderson Bradford Brown Broadnax Bonnell Colgin Collier Conner Ellis Forrest Greening Harris Higgins Jack Kelly Lewis Martin McVay of Laud. Massey McRae of mon. McRae of F. Moore of J. Moore of mad. Paulding Perkins Rainey Richardson Ross Sharp Sibley, Smith of C. Stone Tarver Walker Weisinger and Wiggins - 37.

The two Houses then proceeded to vote the eleventh time for a site on which to locate the University.  The votes stood thus - For Lagrange3.- Athens 23.-Montevallo 8.-Davis' 30.-Tuskaloosa 21.

Those who voted to locate the University at Lagrange are messrs. Duke McRae of F. and Sargent.

Those who voted for Athens are Mr. President Hubbard Jackson Miller Skinner.  Rep's. Acklen Bell Coopwood Craig Daniel Durrett Edmondson Martin McVay of Law. McVay of Laud. Moore of mad. Price Rather Robertson Russell Smith of mad. Vaughan Vining.

Those who voted for Montevallo are messrs. Brown McCamy Shackleford. Rep's. messrs. Bradford Clark Lawler Massey Moore of J.

Those who voted for Davis' in Autauga County are messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones Sullivan. Rep's. Mr. Speaker Anderson Broadnax Bridges Bonnell Cook Davis Dennis Greening Harris Higgins Lewis McRae of mon. Sharp Sibley Stone Tarver Terry Walker Walthal Ward Weisinger and Wiggins.

Those who voted for Tuskaloosa are Messrs. Crabb Earle Merriwether Moore Powell Rep's. Messrs. Brown Colgin Collier Conner Ellis Forrest Jack Kelly Paulding Perkins Rainey Richardson Ross Smith of Clark.

No place in nomination having received a majority of votes, Mr. Forrest moved that the House adjourn until Monday morning 10 o'clock, it


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then being 20 minutes past 8 o'clock p.m. which was lost.  Yeas 29 - nays 34.  The yeas and nays being desired, who voted in the affirmative are,

Messrs. Acklen Bell Bridges Clark Coopwood Craig Daniel Davis Dennis Durrett Duke Ellis Edmondson Forrest Lawler Martin McVay of Laud. McVay of Law. McRae of F. Paulding Price Robertson Russell Sargent Smith of mad Vaughan Vining Walthal and Ward.

Those who voted in the negative are,

Messrs Speaker Anderson Bradford Brown Broadnax Bonnell Colgin Collier Conner Cook Greening Harris Higgins Jack Kelly Lewis Massey McRae of mon. Moore of J. Moore of mad. Perkins, Rainey, Rather, Richardson Ross Sharp Sibley Smith of C. Stone Tarver Terry Walker Weisinger and Wiggins - 34.

The two Houses then proceeded to vote the twelfth time for a site on which to locate the University.  The votes stood thus.- For Lagrange 4.-Athens 20.-Montevallo 4.-Davis' 40.-Tuskaloosa 16.

Those who voted for Lagrange are Messrs. Skinner Duke McRae of Frank. and Sargent.

Those who voted to locate the University ate Athens are Mr. President Hubbard Miller.  Rep's. Messrs. Acklen Bell Coopwood Craig Daniel Durrett Edmondson Martin McVay of Law. McVay of Laud. Moore of mad. Price Robertson Russell Smith of mad. Vaughan Vining.

Those who voted for Montevallo are Messrs. McCamy, Bradford, Clark, Lawler. Those who voted for locating the University at Davis' are Messrs. Abercrombie, Ashe, Barton, Brown, Casey, Earle, Evans, Irwin, Jackson, Jones, Shackleford, Sullivan. Rep's. Mr. Speaker, Anderson, Brown, Broadnax, Bridges, Bonnell, Cook, Davis, Dennis, Greening, Harris, Higgins, Kelly, Lewis, Massey, McRae of mon. Moore of Jack. Ross, Sharp, Sibley, Stone, Tarver, Terry, Walker, Walthal, Ward, Weisinger, & Wiggins.

Those who voted for locating the University at Tuskaloosa are Messrs Crabb, Merriwether, Moore, Powell. Rep's. Messrs. Colgin, Collier, Conner, Ellis, Forrest, Jack, Paulding, Perkins, Rainey, Rather, Richardson, Smith of Clark.

Neither of the places in nomination having received a majority of the whole number of votes, Mr. Coopwood then moved that the House adjourn until Monday morning 10 o'clock.  Mr. Speaker stated that it was out of order to move for an adjournment, the Senate then being in the Hall of the House of Representatives, from which opinion Mr. Coopwood appealed.  The yeas ad nays being desired, those who voted in favor of the decision made by the Speaker, are:

Messrs Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Collier, Conner, Cook, Davis, Dennis, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lewis, Martin, Massey, McRae of mon. McRae of F. Moore of J. Moore of mad. Paulding, Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of C. Stone, Tarver, Walker, Ward, Weisinger and Wiggins.

Those who voted in the negative are,

Messrs. Clark Coopwood Craig Daniel Durrett Duke Edmondson McVay of Laud. McVay of Law. Smith of mad. Terry Vaughan Vining Walthal.

The two Houses then proceeded to vote the thirteenth time for a site on which to locate the University.  The votes stood thus.- For Lagrange 3. Athens 10.-Montevallo 4.- Davis' 37.- Tuskaloosa 30.


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Those who voted for Lagrange are Messrs. Daniel McRae of Frank. and Sargent.

Those who voted for Athens are Messrs. Miller Durrett Edmondson Martin McVay of Law. McVay of Laud. Robertson Smith of mad. Vaughan Vining.

Those who voted for Montevallo are Messrs. Bradford Clark Lawler and Price.

Those who voted for Davis' in Autauga County are Messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones McCamy Shackleford Sullivan Rep's. Mr. Speaker Anderson Broadnax Bridges Bonnell Cook Craig Davis Dennis Greening Harris Higgins Lewis Massey McRae of mon. Moore of J. Russell Sharp Sibley Stone Tarver Terry Walker Walthal Ward Weisinger and Wiggins.

Those who voted for Tuskaloosa are Mr. President Brown Crabb Earle Hubbard Jackson Merriwether Moore Powell Skinner. Rep's. Acklen Bell Brown Colgin Collier Conner Coopwood Duke Ellis Forrest Jack Kelly Moore of Mad. Paulding Perkins Rainey Rather Richardson Ross Smith of clark.

Neither of the places in nomination having received a majority of the whole number of votes the two Houses proceeded to vote the fourteenth time for a site on which to locate the University; Montevallo being withdrawn.  The votes stood thus.- For Lagrange 3. -Athens 7.-Davis' 37. Tuskaloosa 36.

Those who voted for Lagrange are Messrs. Skinner McRae of Franklin and Sargent.

Those who voted for Athens are Messrs. Hubbard Miller. Rep's. Craig Durrett Martin McVay of Laud. and Vaughan.

Those who voted for Davis' in Autauga are Messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones McCamy Shackleford Sullivan. Rep's. Mr. Speaker Broadnax Bridges Bonnell Clark Cook Davis Dennis Greening Harris Higgins Lawler Lewis Massey McRae of mon. Moore of J. Price Russell Sharp Sibley Tarver Terry Walker Walthal Ward Weisinger and Wiggins.

Those who voted for Tuskaloosa are Mr. President Brown Crabb Earle Jackson Merriwether Moore Powell. Rep's Acklen Anderson Bell Bradford Brown Colgin Collier Conner Coopwood Daniel Duke Ellis Edmondson Forrest Jack Kelly McVay of Law. Moore of mad. Paulding Perkins Rainey Rather Richardson Ross Robertson Smith of C. Smith of mad. Stone and Vining.

Neither of the places in nomination having received a majority of votes.

The two Houses then proceeded to vote the fifteenth time for a site on which to locate University. The votes stood thus.-For Lagrange 2.- Athens 5. - Davis' 37.- Tuskaloosa 40.

Those who voted for Lagrange are Messrs. Craig and McRae of Frank.

Those who voted for Athens are Mr. Hubbard. Rep's. Daniel Durrett McVay of Law. and Vaughan.

Those who voted for Davis' in Autauga County are Messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones McCamy Shackleford. Rep's. Mr. Speaker Broadnax Bridges Bonnell Clark Cook Davis Dennis Greening Harris Higgins Lawler Lewis Massey McRae of mon. Moore of J. Price Russell Sharp Sibley Tarver Terry Walker Walthal Ward Weisinger and Wiggins.

Those who voted for Tuskaloosa are Mr. President Brown Crabb Earle Jackson Merriwether Miller Moore Powell Skinner. Rep's. Acklen An-


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derson Bell Bradford Brown Colgin Collier Conner Coopwood Duke Ellis Edmondson Forrest Jack Kelly Martin McVay of Law. Moore of mad. Paulding Perkins Rainey Rather Richardson Ross Robertson Sargent Smith of clark Smith of mad. Stone Vining.

Neither of the places in nomination having received a majority of the whole number the two Houses proceeded to vote the sixteenth time for a site on which to locate the University.  The votes stood thus.-For Lagrange 10.-Athens 3.-Davis' 28.-Tuskaloosa 41.- Montevallo 1.

Those who voted for Lagrange are Messrs. McCamy Skinner Craig Durrett Lawler McRae of Frank. Price Rather Sargent and Vaughan.

Those who voted for Athens are Mr. Hubbard. Rep's. McVay of Laud. McRae of mon.

Those who voted for Davis' in Autauga are Messrs. Abercrombie Ashe Barton Casey Evans Irwin Jones Sullivan Broadnax Bridges Bonnell Cook Davis Dennis Greening Higgins Lewis Massey Russell Sharp Sibley Tarver Terry Walker Walthal Ward Weisinger & Wiggins.

Those who voted for Tuskaloosa are Mr. President Brown Crabb Earle Jackson Merriwether Miller Moore Powell. Rep's. Mr. Speaker Acklen Anderson Bell Bradford Brown Colgin Collier Conner Coopwood Daniel Duke Ellis Edmondson Forrest Harris Jack Kelly Martin McVay of Law. Moore of J. Moore of mad: Paulding Perkins Rainey Richardson Ross Robertson Smith of C. Smith of mad. Stone and Vining.

Mr. Shackleford voted for Montevallo.

No place having received a majority of votes the two Houses proceeded to vote the Seventeenth time for a site on which to locate the University.

The votes stood thus.-For Lagrange 15.-Athens 13.-Honeycomb Springs 1.-Davis' 3.- Tuskaloosa 35.-Montevallo 9.-Greensborough 3.-Bellefont 1.-Montecello 1.-Marion 1.---

Those who voted for Lagrange are Messrs. Skinner Broadnax Bonnell Craig Daniel Kelly Lawler Lewis McVay of Law. McRae of Frank. McRae of mon. Moore of mad. Sargent Vaughan and Walker.

Those who voted for Athens are Mr. President Hubbard. Rep's. Bell Davis Durrett Edmondson Martin McVay of Laud. Robertson Sharp Smith of mad. Tarver Terry.

For Honeycomb Springs Mr. Moore of J.

Those who voted for Davis' in Autauga are Messrs. Ashe Casey and Jones.

Those who voted for Tuskaloosa are Messrs. Barton Brown Crabb Earle Evans Jackson Merriwether Miller Moore Powell. Rep's. Mr. Speaker Acklen Anderson Bradford Brown Colgin Collier Conner Coopwood Duke Ellis Forrest Greening Harris Jack Paulding Perkins Rainey Rather Richardson Ross Smith of clark Stone Vining and Wiggins.

Those who voted for Montevallo are Messrs. Abercrombie Irwin Shackleford Sullivan. Rep's. Clark Cook Dennis Massey and Sibley.

Those who voted for Greensborough are Messrs. Bridges Price and Walthal.

Mr. McCamy voted for Bellefont.- Mr. Ward voted for Montecello.- and Mr. Weisinger for Marion. - No selection.

The two Houses then proceeded to vote the eighteenth time for a site on which to locate the University of the State of Alabama.

The votes stood thus. -For Lagrange 12.-Athens 9.-Davis' 1. - Tuskaloosa 41. - Montevallo 19. - Greensborough 1.- Bellefont 1. -

Those who voted for locating the University at Lagrange are Messrs.


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Abercrombie Hubbard Irwin Shackleford Skinner Broadnax Daniel McRae of mon. McRae of Frank. Moore of mad. Sargent & Walthal.

Those who voted for locating the University at Athens are Messrs. Bell Craig Durrett Edmondson Martin McVay of Laud. Robertson Tarver and Terry.

Mr. Higgins voted for Davis' in Autauga.

Those who voted for Tuskaloosa are Mr. President Barton Brown Casey Crabb Earle Evans Jackson Merriwether Miller Moore Powell McVay of Law. Paulding Perkins Rainey Rather Richardson Ross Sibley Smith of Clark Smith of mad. Stone Vining and Wiggins.

Those who voted for locating the University at Montevallo are Messrs. Ashe Jones Sullivan. Rep's. Messrs. Bonnell Clark Cook Davis Dennis Lawler Lewis McRae of mon. Moore of J. Price Russell Sharp Vaughan Walker Ward Weisinger.

Mr. McCamy voted for Bellefont, and Mr. Bridges voted for Greensborough.

No place having received a majority of the whole number of votes the two Houses proceeded to voted the nineteenth time for a site on which to locate the University.  The votes stood thus.-For Lagrange 10.-Athens5.-Davis' 2.-Tuskaloosa 47.-Montevallo 18.-Bellefont 1.

Those who voted for locating the University at Lagrange are Messrs. Abercrombie Hubbard Irwin Jones Skinner. Rep's. Broadnax Daniel Lewis McRae of Frank. and Vaughan.

Those who voted for locating the University at Athens are Messrs. Bell Durrett Edmondson McVay of Laud. & McRae of Monroe.

Those who voted for locating the University at Davis' in Autauga are Messrs. Bridges and Higgins.

Those who voted for locating the University ate the Town of Tuskaloosa are Mr. President Ashe Barton Brown Casey Crabb Earle Evans Jackson Merriwether Miller Moore Powell. Rep's. Mr. Speaker Acklen Anderson Bradford Brown Colgin Collier Conner Coopwood Duke Ellis Forrest Greening Harris Jack Kelly Martin McVay of Law. Moore of J. Moore of mad. Paulding Perkins Rainey Rather Richardson Ross Robertson Sibley Smith of Clark Smith of mad. Stone Tarver Vining & Wiggins.

Those who voted for locating the University at Montevallo are Messrs. Shackleford Sullivan. Rep's. Bonnell Clark Cook Craig Davis Dennis Lawler Massey Price Russell Sargent Sharp Terry Walker Walthal and Ward.

Mr. McCamy voted for Bellefont.

The Town of Tuskaloosa having received a majority of the whole number of votes, was declared by Mr. Speaker to be duly selected as the site for the location of the University of the State of Alabama.

The selection having been made, the Senate withdrew:

Mr. Ross made the following report: The select committee to which was referred a resolution of the House of Representatives, instructing them to investigate the official conduct of the hon. Abner S. Lipscomb & c. and investing said committee with power to send for persons and papers, beg leave respectfully to submit the following Report: they have with much labor collected together all the testimony deemed material to the investigation, as proposed by the respective parties.  It has been the great object of the committee to go into a thorough and full investigation of the truth of the several charges as presented by Mr. Salle: and, in doing this, they have awarded every possible indulgence to the accuser and the accused, The great mass of the testimony necessary to be embodied


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in writing, for the full information of every person interested in the issue must plead their excuse for not presenting to the House, at an earlier period, the result of their labors.  Before entering into the details of the investigation, it is necessary to remark, that on the several questions arising during the examination, great unanimity of opinion and harmony of feeling have existed among the members of the committee: and whenever any diversity of opinion has existed on any particular charge it will be noticed in this report.  The first specification by Mr. Salle is, in substance, that Judge Lipscomb had corruptly made contradictory decisions in the cases of the Tombeckbe bank vs. Wm. D. Gaines et al. and the Tombeckbe bank vs. R. G. Haden.  This charge, if proven, in the opinion of the committee, was not within the legitimate range of their investigation, as the acts complained of, were anterior to the date of the Hon. A. Lipscomb's present commission as circuit Judge.  The objection, however, was waived by the representatives of said Lipscomb, who avowed on their part, a desire that the examination should take the widest range, and that no part of his official conduct should be exempt, for any cause whatever, from the most rigid inspection, Under these circumstances, the committee proceeded to examine the charge, and so far from having discovered any inconsistency in Judge Lipscomb, arising out of intimidation or partiality for the bank, they believe that the two decisions referred to were in perfect unison, and in strict accordance with the great principles of law and equity.  The point decided in the case of the Tombeckbe bank vs. W. D. Gaines et al. was, that Geo. S. Gaines, the cashier of the Tombeckbe bank, was an incompetent witness to prove that the note on which the action was brought, had never been discounted in the bank: and that inasmuch as said bank had kept books, in which entries of that kind were made, the books alone could be introduced in evidence. This decision was, in the opinion of the court, doubtless founded on that universal principle of law, that the best testimony the nature of the case is susceptible of, must be introduced into court.  And the court might have very honestly believed, that it would be a dangerous rule for the recollection of any bank officer to be relied on, in preference to the records of the bank itself.  But the charge against Judge Lipscomb wholly fails on another ground: it has been established to the satisfaction of the committee by the accuser himself, that at the time of the alleged decision by Judge Lipscomb, the interest of the note, the foundation of the action above mentioned, was not in the Tombeckbe bank, but in one Joseph McCarty.  In the case of the Tombeckbe  vs. R. G. Haden alluded to in the above charge, if the case had been regularly docketed, and in fact in existence on the records of Mobile court, it would have been strange if Judge Lipscomb had refused to order a subpoena duces tecum to the bank, to bring forward their books for the purpose of proving the very fact, which in the case of the Tombeckbe bank vs. W. D. Gaines et al. he decided could be proven only by the said books.  But the testimony proves that said cause was not, at the time of the motion, in being on the record of said court: hence it would be highly oppressive and vexatious in Judge Lipscomb to have issued an order involving such great inconvenience to said bank unless the necessity of the testimony required, was apparent in some cause, then in existence.  In relation to the subsequent circumstance, that Judge Lipscomb, in a peremptory manner, ordered Mr. Salle to take his seat, the committee would remark, that the testimony proves that this took place upon Mr. Salle's continuing his remarks, after the court had refused to order a subpoena duces tecum to issue.  This power


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of suspending all argument after the point is decided, is one that belongs to all courts, and is always exerted when necessary to suppress the otherwise interminable solicitations and statements of attorneys, &c.  The severity and harshness with which it may be exercise it is believed, is limited only by the pertinacity of the individual who may transgress so salutary a rule.

The second specification of Mr. Salle is, in effect, that at the Supreme court in 1824, he, Mr. Salle, remonstrated with the Judges against an adjournment, and that after he retired, Judge Lipscomb moved to strike his name from the roll of attorneys, alleging that he, (Salle) was too bold, and did not suit him, or something to that effect.  This charge is wholly unsupported by the testimony: on the contrary, the testimony of his honor Judge Gayle, represents the conduct of Mr. Salle as highly improper and offensive; and that he recollects no proposition being made by Judge Lipscomb to strike him (said Salle) from the roll of attorneys.

The third specification charges Judges Lipscomb, in the case of the Tombeckbe bank vs. Thomas H. Herndon, security for Thomas H. Douglas in Washington county, with deciding corruptly, that “nothing but payment or the statute of limitations would exonerate a bank security: that the bank looked solely to the security, and not to the principal;” that after the last aforesaid term, and before the next succeeding term of Washington court, the said Abner S. Lipscomb was served with a notice at the instance of the said bank, as security for Benjamin S. Smoot, for a very considerable amount, returnable to the last aforesaid term of said court: that the said Lipscomb, unmindful of the solemn duties of his office, and contrary to the sacred obligations by which he stood bound to discharge them; “without honoring the person of the mighty, or respecting the persons of the poor, but to judge in righteousness, being influenced by motives of self-interest, or intimidated by fear of the besom of destruction, which the said bank held over him, his connections and friends, or moved and instigated by corruption, did, in a letter addressed to James G. Lyon touching and concerning the cause of the said Lipscomb, and which is now in the possession of the undersigned (that is to say said Salle) lay down the law relating to securities correctly and diametrically opposite to the law, as laid down by him in the case aforesaid of the said Herndon.”  A transcript of the record of the circuit court of Washington county, in this case, being produced by Mr. Salle, in proof of the allegations above recited, and it appearing by such transcript that Judge Minor, and not Judge Lipscomb presided at the trial of said cause; Mr. Salle withdrew the charge with the following declaration, to wit: “Mr. Salle being now satisfied that the charge against Judge Lipscomb, resting upon the decision in the case of the Tombeckbe bank vs. Thomas H. Herndon, cannot be supported by proof, and that Judge Minor rendered the decision in that case and not Judge Lipscomb, withdraws that charge, which is assented to by the counsel of Judge Lipscomb.”

The fourth specification is, that Judge Lipscomb, callous to the disinterested and delicate feelings of even a private individual, has basely descended from the character of a Judge, and turned counsel and solicitor in important causes, which he himself had to adjudicate.  The committee report in this, that there has been an entire failure of proof, and that the testimony justifies the conclusion, that Judge Lipscomb has done nothing unwarrantable by the strict rules of justice, and the practice of courts from time immemorial.

The fifth specification charges, that at the last term of the Monroe circuit court, the said Lipscomb then presiding, “he being unmindful of the


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duties of a Judge, and prompted by feelings of partiality, in a cause wherein the Tombeckbe bank was plaintiff and Samuel H. DeWolf was defendant, did refuse to grant the motion of said DeWolf to have the plaintiff called, or to enter a nonsuit, or to permit the said DeWolf to go to trial but on the contrary, did order the said DeWolf, “in a rude and insulting manner, to sit down; and continued the cause, when there was no opposition on the part of the plaintiff; either of the motions of said DeWolf, and no counsel appearing for the plaintiffs.”  In relation to the continuance complained of in the above cause, the committee entertain no doubt of the propriety of Judge Lipscomb's decision; continuances are always within the discretion of the court.  From the testimony, it appears that Mr. Dellett was employed by Mr. DeWolf as counsel: that in fact, he was the attorney of record, and that he acknowledged to the court, that in his character as attorney of the cause, he had agreed with Mr. Hitchcock, the opposite attorney, to continue the cause and at all events. he had given Mr. Hitchcock, who was absent from court, reasons to believe it would be so continued.  Under these circumstances, the court would have done an act of injustice to one of the parties, also to Mr. Hitchcock, not to have continued the cause.  To have refused a continuance, would have been to set aside an agreement made between opposite attorneys, which they had the right to make, and upon the faith of which one of them had not attended the court, or even made the least preparation for trial.  The agreement not being in writing, does not vary the case. The rule requiring  agreements to be in writing, was established to prevent conflicting statements: and where there is no conflict as to what really has been agreed on, it has been the constant practice to give full force to verbal agreements.

The sixth specification is, “that at the last circuit court of Washington county, the said Abner S. Lipscomb, then and there presiding as Judge the said Lipscomb, regardless of the sacred and inviolable rights of personal liberty, and holding in utter contempt the sacred charter of our liberties, and the laws of the land, prompted by a spirit of tyranny, oppression, and absolute despotism, did on two several occasions, after the adjournment of the court, and whilst said court stood adjourned, commit to prison the body of Samuel DeWolf, without any warrant of commitment, on no legal or just cause, the said DeWolf then and there demeaning himself in a peaceable and unoffending manner to all the citizens of the state of Alabama.”  A further specification, not embraced by Mr. Salle, in the charges presented to the House of Representatives, was, at the request of Mr. Salle, and by the consent of Judge Lipscomb added: viz. the committing DeWolf, in open court, at the last term of Washington circuit court, and also at the last term of Monroe court.”  As regards the several imprisonments of Mr. DeWolf, the committee are unanimously of opinion that Judge Lipscomb possessed the necessary power, and that the conduct of DeWolf, as detailed by the testimony, was such as to can, in every instance, imperiously for its exercise.  While there is no difference of opinion as to the correctness of Judge Lipscomb's motives, in the several exercises of his authority alluded to in the charges, and the necessity imposed by Mr. DeWolf on Judge Lipscomb to maintain the dignity of the court, some of the committee believe, that under the statute, he had not the power to imprison for more than six hours.  This is a mere question of law, involving a construction of two different sections in a statute, upon which a difference

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Of opinion might well be expected to exist.  It is believed the question is unimportant on its bearings on Judge Lipscomb.  Every individual of the committee is willing in the most unqualified terms, to acquit him of any tyrannical or arbitrary manifestation of feelings towards Mr. DeWolf.  On the contrary it appears, from the testimony, that he endeavored to have him taken from the presence of the court, by his friends in order that an unpleasant exercise of power might be avoided.  Inasmuch however as the committee were disposed to let no part of the official conduct of Judge Lipscomb as complained of by Mr. Salle, escape the most rigid investigation, they have endeavored to procure the best information within their reach to direct them to a correct conclusion.  With this view they called on Judge Gayle for his construction of the statute, and have been favored with his opinion, which is herewith submitted.  The sections above referred to are to be found in an act passed in 1807 - after reciting the preamble, the second section is in the following words: “Be it enacted, that no court shall, or any contempt against such court, pass judgment, or decree, order or inflict, or cause to be inflicted, any fine exceeding the sum of twenty dollars or any imprisonment exceeding twenty four hours, without the trial by jury to assess the quantity of such fine, and determine the duration of such imprisonment.”  Sec. 3d.  “And be it further enacted, that no Judge or Justice of the peace, for any contempt offered to him, shall have power to order and inflict, or cause to be inflicted, any fine exceeding the sum of six dollars, nor any imprisonment exceeding six hours; and if any court, Judge, or Justice, shall offend herein, the person or persons so offending, shall be deemed guilty of a misdemeanor in office, and shall moreover be subject to the action of the party injured, for damages to be assessed by a jury.  And in all cases of trial by jury for any contempt, the truth of the matter may be given in evidence by the defendant on the general issue.”

The question then presents itself, does the character of a “court” properly attach itself to a Judge during the entire term of the court, even tho' the person of the Judge may be in chambers, a majority of the committee believe it does, and are therefore of opinion that a certain kind of offence to a Judge at chambers, is a contempt of court.  The most important decisions are made and matured at chambers, and much of the business of the court must necessarily be performed there.  Hence, in legal contemplation the term of a court is one day, and the court is as much in being during the retirement of the Judge to chambers, as in the most absolute exercise of his prerogative from the bench.  Its sessions are entire and indivisible, though sometimes with a suspension of the exercise of some of the most palpable powers.  The same public utility exists for protecting the deliberation of a Judge in chambers, as for defending him from intrusion and molestation on the bench.  The committee would not carry the legal presumption, that the court is always in session during term time so far as to rebut a fact, which might notoriously exist, viz: that the Judge was engaged in business of a private nature, entirely unconnected with the discharge of his judicial functions.  Though it is a legal presumption, that during term time, the Judge is always engaged in official business; yet it is only a presumption, and may be disproved by countervailing testimony.

In the case insisted on, if the Judge were engaged in a bacchanalian feast, and should at the time be insulted by an intruder at his chambers; the committee would say, it was an insult personal to the Judge, and not a contempt to court: inasmuch as the act in its consequences, could have no immediate effect on the business of the court.  However, an individ- 


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ual detains a sheriff by force, during a recess of the labors of the court, it would be punished as a contempt of the court, because it was a forcible suspension of one of the functions of the courts.  Contempt’s of court may be divided into two classes: the one a direct attack on the judicial decisions of a court, whereby the court is brought into contempt, as if an individual in term time at a public table, or in the streets in the presence of a large concourse of people, accosts a Judge and tells him “you have, during the day, in a certain case, made a corrupt decision, you were bribed to do so, and I can prove it.”  This remark, though out of the court house, would carry with it a greater contempt to the character of the court, than the grimaces and gestures of any buffoon during its actual sitting.  It is, in its character more essentially injurious to that dignity which judicial tribunals should always preserve - hence the committee are forced to conclude that contempt’s may be offered to a court through the person of Judge, either in its actual sitting, or at chambers; and that insults may in their nature, be personal, though offered to an individual vested with judicial powers.  They believe the distinction exists in the essential nature of the insult, and not on the adventitious circumstance whether it be given in or out of the court house.  Another and a second class of contempt’s to courts are, such acts as retard or interrupt their regular proceedings; and this kind of contempt may also occur either in or out of the court house.  If a juror retires from his box, and for a minute leaves the court room, and individual who would dare to detain him by force, tho' out of the court house, would offer the same contempt as one who, in the presence of the Judge, should exert his strength to prevent an attorney from rising from his seat to address the court.  The effect of both of these acts would be to retard the proceedings of the court, and consequently they are viewed, not in the light of insults to the person of the Judge, but of contempt’s to the court.  If these acts properly belong to the appellation here given, then surely an interruption of the Judge, though at chambers, willful in its character, and so frequently repeated as to preclude the possibility of an ending to official business, would amount to a contempt of a tribunal whose operations might be retarded by such an interruption.  Independent then, of the presumption, that the Judge is always engaged in official duties during term time, there is no hesitation with the majority of the committee in deciding, that the offence was one of interruption tot he exercise of the duties of a court; and consequently a contempt offered to the court for which the offender by the second section of the statute, might have been imprisoned as much as twenty-four hours.  Having thus in a cursory manner, adverted to all the charges, and expressed an opinion on their several merits in the order in which they have occurred, te committee feel that they should not be doing justice to Judge Lipscomb, were they not explicitly to declare, that so far from the imputation of corruption, of tyranny, and of partiality, or in fact of any departure from the strict line of duty having been thrown on him, they have not only been unsupported by testimony, bus have been negative in a manner highly creditable to his official and private character.

Jack F. Ross, Chairman.

Mr. Greening moved that the report lie on the table, which was carried.  The House then adjourned until Monday morning 10 o'clock.