Monday, November 26th, 1827.

The House met pursuant to adjournment.

Mr. Terry presented the account of William Holbrooks late jailor of

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Autauga county which was read and referred to the committee on accounts.

Mr. Martin presented the petition of sundry citizens of Mooresville praying the passage of a law authorizing them to elect a Justice of the Peace and Constable under the same rules and regulations, and to hold their offices for three years from the date of their commissions as other justices of the peace and constables, provided they shall reside within the limits of said town, but whose jurisdiction shall extend and be equal to those elected in the several beats of the county, which was read and referred to the judiciary committee.

Mr. Price presented the account of Lewis Proctor jailor of Jackson county, which was read and referred to the committee on accounts.

Mr. Smith of Clarke presented the petition of sundry inhabitants of Clarke county recommending Samuel Wilkinson to be continued in the capacity of Judge of the county court of said county, which was read:- ordered that said petition lie on the table.

Mr. Sargent presented the record and proceedings of the circuit court of Franklin county exercising chancery jurisdiction in the case of Elizabeth W. Cowell, against Samuel Cowell for divorce, which was read and referred to the committee on divorce and alimony.

A message from the Senate by Mr. Lyon.

Mr. Speaker- pursuant to the provisions of an act entitled an act to amend the charter of the Bank of the State of Alabama the Senate have elected a committee on their part to consist of Messrs Casey Jackson and Earle, to act with the committee elected on the part of your honorable body to examine and report the state and condition of the Bank of the State of Alabama, and then he withdrew.

Mr. Jack offered the following resolution:- Resolved, that the judiciary committee be instructed to inquire as to the expediency of taking away from the county court all jurisdiction except that which is possessed as a court of ordinary, with leave to report by bill or otherwise which was lost:-

Yeas

24,

Nays

39.

The yeas and nays being desire those who voted in the affirmative are Mr. Speaker, Anderson, Bradford, Brown, Bridges, Collier, Conner, Davis, Forrest, Greening, Harris, Jack, Kelley, Lewis, Massey, Moore of Jackson, Paulding, Rainey, Ross, Russell, Sibley, Smith of Clarke, Stone, Tarver, 24.

Those who voted in the negative are, Mr. Acklen, Bell, Broadnax, Bonnell, Clark, Colgin, Cook, Coopwood, Craig, Daniel, Dennis, Durrett, Duke, Ellis, Edmondson, Higgins, Lawler, Martin, McVay of Lauderdale, McVay of Lawrence, McRae of Monroe, McRae of Franklin, Moore of Madison, Perkins, Price, Rather, Richardson, Robertson, Sargent, Sharp, Smith of Madison, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weissinger, Wiggins, 39.

On motion of Mr. McRae of Franklin- Resolved, that the committee on ways and means be requested to inquire into the propriety of changing the taxes on retail merchants and fix the taxes agreeable to the amount of capitol employed to be classed in three or more classes and licenses to be procured from the clerks of the county courts.

On motion of Mr. Rather:- Resolved, that the judiciary committee the instructed to enquire into the expediency of giving to the circuit court to Morgan county an additional week for the term of said court.


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Mr. Lawler obtained leave to introduce a bill to be entitled an act to alter the boundary line between the counties of Shelby & Autauga which was read a first time and ordered to be read a second time.

Mr. Coopwood obtained leave to introduce a bill to be entitled an act to incorporate the town of Courtland in the county of Lawrence, which was read a first time and ordered to be read a second time.

Mr. Forrest obtained leave to introduce a bill to be entitled an act to authorize the Sheriff of Walker county to execute precepts issued by justices of the peace, which was read a first time and ordered to be read a second time.

On motion of Mr. Walker:- Resolved, that the judiciary committee be instructed to inquire the expediency of revising amending and embodying into one act, the several acts of this state in relation to attachments.

A message from the Senate by Mr. Crabb, Mr. Speaker, the Senate concur in the resolution of your honorable body proposing to go into the election of Judges of the county courts of Fayette, Montgomery, Pike, Tuscaloosa, Clarke, and Dale, counties immediately after the election of state printer and then he withdrew, ordered that said message lie on the table.

Mr. Greening from the judiciary committee to whom was referred a bill to be entitled, an act to provide a more summary mode for the trial of assaults and batteries, reported the same without amendment.

Mr. Vining from the committee of the whole House to whom was referred his Excellency the Governor's communication together with the accompanying documents have according to the order had the same under consideration and reported the following resolutions:- Resolved, that so much of the Governors message as relates to the pecuniary embarrassment of the state be referred to the committee on the State Bank:-Resolved, that so much of the Governors message as relates to the Tombeckbe Bank and revision of the criminal code be referred to the judiciary committee:- Resolved, that so much of the Governors message as recommends an increase of the salaries of the Judge and Solicitors of this state be referred to the committee on ways and means:- Resolved, that so much of the Governors message as relates to a summary mode for the trial of slaves be referred to the judiciary committee.- Resolved, that so much of the Governors message as relates to the creation of the office of a State Reported of legal cases adjudicated in the supreme court be referred to the judiciary committee:- Resolved, that so much of the Governors message as relates to education and the location of the university, be referred to the committee on schools, colleges, and universities, and school and university lands:- Resolved, that so much of the Governors message as relates to the boundary line between this State and Georgia, be referred to a select committee, whose duty it shall be to examine and report to this house the nature and state of the controversy, whereupon Messrs. Kelly, Lewis, and Moore of Jackson, were recommended for said committee, and thereupon they were accordingly appointed:- Resolved, that so much of the Governors message as relates to Internal improvements be referred to the committee on Inland Navigation:- Resolved, that so much of the Governors message as relates to the public arms, be referred to the military committee:- Resolved, that so much of the Governors message as relates to agriculture, be referred to a select committee, whereupon


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Messrs. Bridges, Ross, and Daniel were recommended for said committee, and thereupon they were accordingly appointed:- Resolved, that so much of the Governors message as relates to the imposition of duties by the Congress of the United State with a view to protect house industry, be referred to a select committee, whereupon Messrs. Colgin, Collier, Lewis, Kelly, Clark, Craig, and Duke, were recommenced said committee, and thereupon they were accordingly appointed said committee:- Resolved, that the preamble and resolutions of the state of Ohio be referred to a select committee, whereupon Messrs. Moore of Jackson, Lewis, and martin, were recommended said committee, and thereupon they were accordingly appointed said committee:- Resolved, that the resolutions, of the states of Maine and Connecticut, be referred to a select committee, whereupon Messrs. Terry, Walker, Weissinger, Kelly, & Martin, were recommended said committee, and thereupon they were accordingly appointed said committee; in all of which resolutions the House concurred.

Mr. Greening from the judiciary committee to whom was referred a bill to be entitled, n act supplementary to an act entitled an act to alter and amend the charter of incorporation of the city of Mobile, reported the same without amendment.

Mr. Greening from the judiciary committee, to whom was referred a resolution instructing them to enquire into the expediency of so amending the common law as to prevent the abatement of suits by Femme sole reported a bill to be entitled, an act to prevent the abatement of suits in certain cases, which was read a first time and ordered to be read a second time.

Mr. Greening from the judiciary committee, to whom was referred a resolution instructing them to require into the expediency of making provision for the preservation of the papers remaining in the offices of the clerk of the House of Representatives, and of the Secretary of the Senate, at the end of each session, reported a bill to be entitled, an act to provide for the arranging filing and preservation of the papers relating to the unfinished business of each session of the Legislature, which was read a first time and ordered to be read a second time.

Mr. Greening from the judiciary committee, to whom was referred the petition of sundry inhabitants of Limestone county praying relief for Doctor Robert Pollock, reported that the prayer of said petition is unreasonable and ought not to be granted, in which report the house concurred.

Mr. Stone from the select committee, to whom was referred the petition of John Soto and others praying the emancipation of certain slaves therein named, 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.

Mr. Lewis from the select committee, to whom was referred the petition of sundry citizens of Montgomery county praying the relief of Bushrod w. Bell, reported a bill to be entitled, an act for the relief of Bushrod W. Bell, which was read first time and ordered to be read a second time.  A message from the Senate by Mr. Crabb; Mr. speaker; the Senate have appointed a committee on their part consisting of Messrs. Casey and Evans, to act with such committee as may be appointed on the part of your honorable body, to wait on his Excellency John Murphy the Governor elect and conduct him to the hall of the House of Representatives this day at the hour of twelve o'clock for the purpose of his installation


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into office and then he withdrew: whereupon Messrs, Kelly, Ross and McVay of Lauderdale, were appointed said committee.

Mr. Sibley from the select committee, to whom was referred the petition of sundry inhabitants of Baldwin county praying the incorporation of a turnpike company to improve the road from Blakely to Greenville reported a bill to be entitled, an act to incorporate the Blakeley and Greenville turnpike company, which was read a first time and ordered to be read a second time.

Mr. Moore of Jackson offered the following resolution:- Resolved, that the committee on ways and means be instructed to inquire into the expediency of allowing the different county courts to lay a county tax of any sum not exceeding the state tax in their respective counties which was lost.

On motion of Mr. Coopwood:- Resolved, that the military committee be instructed to inquire into and report to this House to whom and what number of applicants have received of the public arms, and also to inquire into the manner they have given bond and probable solvency of them and their securities, and also for the propriety of passing a law compelling all those who have or hereafter may get any of the arms from the arsenal to renew their bonds once a year.

On motion of Mr. Acklen:- Resolved, that the judiciary committee be instructed to inquire into the expediency of passing aw authorizing the deposition of witnesses residing within this state to be taken where they reside out of the county in which their testimony may be required.

Mr. McVay of Lawrence obtained leave to introduce a bill to be entitled, an act to provide for the choosing of electors of President and Vice President of the United States, which was read a first time and ordered to be read a second time.

On motion of Mr. Craig:- Resolved, that the committee on ways and means, be instructed to enquire into the expediency of taking some steps to ascertain upon what terms and conditions the government of the United States would dispose of her land within the limits of this State with a view to this state's becoming the purchasers, with leave to report to this House.

On motion of Mr. Massey:- Resolved, that the military committee be instructed to enquire into the expediency of passing a law to furnish the militia officers of this state with a suitable number of the abridgements of the infantry of the United States discipline at the expense of the state as they may thing most advisable, with leave to report by bill or otherwise.

On motion of Mr. Cook:- Resolved, that the committee on the judiciary, be instructed to enquire into the expediency of reviving the second section of an act passed the 4th day of Feb. 1807 entitled an act to prevent the evil practice of gaming, and to report by bill or otherwise.

Mr. Anderson offered the following resolution: Be it resolved, that there shall be a committee of five appointed, whose duty it shall be to draw up a preamble & resolutions recommending Andrew Jackson to be a proper person to fill the office of President of the united States at the approaching Presidential election, if they should see cause to do so, which was adopted.

Whereupon Messrs. Anderson, Kelly, Moore of Mad. Forrest, and Coopwood, were appointed said committee.

On motion of Mr. Acklen:- Resolved, that the Senate be informed that


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the House of Representatives are now ready to receive them for the purpose of installing and qualifying the governor elect, and that the east end of the Hall be assigned for their reception.

Ordered, that Mr. Jack be added to the military committee.

Ordered that Mr. Paulding be added to the committee on schools colleges, and universities and school and university lands.

Ordered that Messrs. Craig and Sargent, be added to the judiciary committee.

Mr. Coopwood offered the following preamble and resolution.

Whereas, it is important that all interests should be represented on the judiciary committee, as well as all other important committees, & whereas the judiciary committee is composed entirely of gentlemen of the Bar, and whereas all important questions in relation to the jurisprudence of the country is referred to that committee, as well as many important bills and resolution, and whereas the most salutary provisions may be defeated by an unfavorable report of said committee, and whereas it is not for want of the most implicit confidence in the honorable gentlemen composing that committee, but that all should be heard on the said committee.

Be it therefore resolved, that Mr. Smith of Clark be added to the judiciary committee.

Mr. Lewis moved that the further consideration of the same be indefinitely postponed, which was lost,

Yeas

24,

nays

35.

The yeas and nays being desired, those who voted in the affirmative are: Mr. Speaker, Acklen, Bonnell, Clark, Collier, Conner, Davis, Ellis, Forrest, Greening, Harris, Jack, Lewis, Martin, McRae of Mon. Moore of Mad. Perkins, Russell, Sibley, Tarver, Terry, Walker, Vining, Walthal, 24.

Those who voted in the negative are, Messrs. Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Colgin, Cook, Coopwood, Craig, Daniel, Dennis, Durrett, Duke, Edmondson, Higgins, Lawler, McVay of Law. Massey, McRae of Frank. Moore of Jack, Paulding, Price, Raney, Rather, Richardson, Robertson, Sargent, Sharp, Smith of Clark. Smith of Mad. Vaughan, Ward, Weissinger, Wiggins, 35.

Mr. Bridges then moved that said preamble and resolution lie on the table, which was carried.

Ordered, Messrs, Craig and Sargent, be excused from serving on the judiciary committee, they being already on two standing committees of this House.

On motion of Mr. Walker:-  Resolved, that the Rev. Robert Cunningham be invited within the bar of the House of Representatives, for the purpose of addressing a prayer to the throne of grace appropriate to the installation of his Excellency the Governor elect, whereupon Messrs. Walker and Tarver were appointed for that purpose.

The Senate having repaired to the hall of the House of Representatives and taken their seats, his Excellency John Murphy appeared, and Mr. Speaker administered to him the oath prescribed by the Constitution, and to the oath to suppress dueling was administered to him by Hiram Shortridge Esq. a Justice of the Peace, after which an appropriate prayer was delivered by the Rev. Robert Cunningham, the Senate withdrew.

Ordered that Mr. Craig be added to the committee on ways and means and then the House adjourned till 10 minutes before 2 o'clock.

Evening session 10 minutes before 2 o'clock.

The House met pursuant to adjournment:- Mr. Speaker laid before the House, a communication from his Honor Chief Justice Abner E.


31

Lipscomb, which was read and referred to the Judiciary committee.

Mr. Speaker laid before the House a communication from Samuel Pickens Esq. Comptroller of public accounts, which was read: ordered that the same together with the accompanying documents, be referred to the committee on accounts.

On motion of Mr. Acklen:- Resolved, that the Senate be informed that the House of Representatives are ready to receive them for the purpose of giving into the election of State printer, and Judges of the several county courts, and that the east end of the Hall be assigned for their reception.

On motion of Mr. Greening:- Resolved, that a committee may be appointed to wait on his Excellency Governor Murphy, and request a copy of the inaugural address delivered by him this day, to both Houses of the General Assembly, that the same may be entered on the journals of this House, whereupon Messrs Greening, Moore of Jack, and Broadnax, were appointed said committee.

Ordered, that Mr. Smith of Clark, be added to the committee on ways and means.

Ordered that Mr. Kelley, be added to the Bank committee.

Mr. McVay of Laud. moved to take from the table the following proposed rule for the government of this House: rule No     That the number of members composing the standing committees shall not be increased after they shall have been appointed by the chair, unless by leave of the House obtained before the name of the member proposed to be added shall be made known, which was carried.

Mr. McVay of Laud. the proposed the adoption of said rule, which was carried.

Mr. Moore of Jack. then proposed to add a member to the committee on the State capitol.

Mr. Moore of Jack. then moved that Mr. Perkins be added to the committee on the State capitol, which was carried.

Mr. Ross who voted in the majority appointing Mr. Perkins on said committee moved a reconsideration of the vote, which was carried.

The question was then again on appointing Mr. Perkins of said committee, which was carried:

Yeas

59,

nays

3.

The yeas and nays being desired, those who voted in the affirmative are, Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Coller, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelley, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Monroe, McRae of Franklin, Moore of Jack, Paulding, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walthal, Ward, Weissinger, Wiggins 59.

Those who voted in the negative are, Messrs. Clark, Moore of Mad. and Walker.

Mr. Moore of Jackson offered the following resolution- Resolved, that the committee on the state Bank be instructed to inquire of the President and directors of said bank whether they have erected or are about erecting a house intended for a bank house for said bank, and if so what will be the cost of said building if it be not now when will it be completed, and report such information as they may obtain.

The Senate having repaired to the Hall of the House of Representa-


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tives, both Houses then proceeded to the election of a public printer. Dugald McFarlane, and Grantland & Robinson, being in nomination.

For Dugald McFarlane 62 votes.- For Grantland & Robertson 20 votes.

Those who voted for Dugald McFarlane are, Messrs Abercrombie, Ashe, Casey, Crabb, Earle, Hubbard, Erwin, Jones, Merriwether, Moore, Skinner, Sullivan, of the Senate Mr. Acklen, Anderson, Bell, Bradford, Brown, Bridges, Bonnell, Clark, Colgin, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durret, Duke, Edmondson, Forrest, Greening, Higgins, Jack, Kelly, Lawler, McVay of Laud, McVay of Law, Massey, McRae of Mon. McRae of Frank, Moore of Mad, Paulding, Price, Rainey, Richardson, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad, Stone, Tarver, Vaughan, Walker, Walthall, Ward, Weissinger, Wiggins. 62- Those who voted for Grantland & Robertson are, Mr. President, Barton, Brown, Evans, Jackson, McCamy, Powell, of the Senate Mr. Speaker, Broadnax, Collier, Ellis, Harris, Lewis, Martin, Moore of Jack. Perkins, Rather, Ross, Terry, Vining, 20.

Dugald McFarlane having received a majority of votes Mr. Speaker therefore declared him duly elected public printer for the ensuing twelve months.

Both Houses then proceeded to the election of a Judge for the county court of Fayette County.- John McConnel being in nomination.  For John McConnell 79 votes.

Those who voted for John McConnel are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jackson, Jones, McCamy, Merriwether, Moore, Powell, Skinner, Sullivan of the Senate, Mr. Speaker Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Daniel, Davis, Dennis, Durret, Duke, Ellis, Edmondson, Forest, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McVay of Laud, McVay of Law. Massey, McRae of Mon, McRae of Frank. Moore of Jack. Moore of Mad. Paulding, Perkins, Price, Rainey, Rater, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthall, Ward, Weissinger, Wiggins. 79- John McConnel having received a majority of votes Mr. Speaker therefore declared him duly elected Judge of the county court of Fayette County.

Both Houses then proceeded to the election of a Judge of the county court of Montgomery County.

Nimrod E. Benson being in nomination- For Nimrod E. Benson 79 votes.

Those who voted for Nimorod E. Benson are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jones, McCay, Merriwether, Moore, Powell, Skinner, and Sullivan of the Senate, Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durret, Due, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon. McRae of Frank. Moore of Jack. Moore of Mad. Paulding, Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthall, Ward, Weissinger, Wiggins, 79.

Nimrod E. Benson having received a majority of votes Mr. Speaker therefore declared him elected Judge of the county court of Montgomery county.

Both houses then proceeded to the election of a Judge of the county court of Pike County Alexander McColl being in nomination for Alexander McColl 79 votes.

Those who voted for Alexander McColl are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jackson, Jones, Merriwether, Moore, Powell, Skinner, Sullivan of the Senate, Mr. speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Daniel, Davis, Dennis, Durret, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon. McRae of Frank. Moore of Jack. Moore of Mad.


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Paulding, Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of mad. Stone, Tarver, Gerry, Vaughan, Vining, Walker, Walthal, Ward, Weissinger, Wiggins- 79.

Alexander McCall having received a majority of votes Mr. Speaker therefore declared him duly elected Judge of the county court of Pike county.

Both Houses then proceeded to the election of a Judge of the county court of Tuskaloosa County, Thomas Owen being in nomination.

For Thomas Owen 79 votes- Those who voted for Thomas Owen are Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jackson, Jones, Merriwether, Moore, Powell, skinner, Sullivan of the Senate Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon, McRae of Frank, Moore of Jack. Moore of Mad. Paulding, Perkins, Price, Raney, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward Weissinger, Wiggins- 79.

Thomas Owen having received a majority of votes Mr. Speaker, therefore declared him duly elected Judge of the county court of Tuskaloosa County- Both Houses then proceeded to the election of a Judge of the county court of Clark county, Samuel Wilkinson being in nomination For Samuel Wilkinson 76 votes- Those who voted for Samuel Wilkinson are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Irwin, Jackson, Jones, Merriwether, Moore, Powel, Skinner, Sullivan, of the Senate, Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon. McRae of Frank. Moore of Jack. Moore of Mad. Paulding, Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of Clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthall, Ward, Weissinger, Wiggins- 76.

Samuel Wilkinson having received a majority of votes Mr. Speaker, therefore declared him duly elected Judge of the county court of Clark county.- Both Houses then proceeded to the election of a Judge of the county court of Dale county.  William Loftin being in nomination.

For William Loftin 75 votes- Those who voted for William Loftin are Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Irwin, Jackson, Jones, Merriwether, Moore, Powell, Skinner, Sullivan of the Senate, Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durret, Duke, Ellis, Edmondson, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McVay of Laud. McVay of Law. Massey, McRae of Mon, McRae of Frank. Moore of Jack, Paulding, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Sibley, Smith of clark, Smith of Mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Waltha, Ward, Weissinger, Wiggins- 75.


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William Loftin having received a majority of votes Mr. Speaker, thereupon declared him duly elected Judge of the county court for Dale county.

The House resumed the consideration of Mr. Moore of Jack's resolution, Mr. Greening moved to amend the resolution by striking out all after the word resolved, and substitute in lieu thereof, the following:- That the committee on the state bank, be instructed to ascertain whether the President and Directors of the state bank have determined to erect a banking house, and if so, how far the same has progressed and what amount of money has been expended on the same, and what amount will be necessary to complete it, and if any difference of opinion existed among said directors, as to the power and expediency of erecting said building, to report the reason of such difference of opinion, and that the said committee be required to ascertain whether the President and Directors have any power to erect a banking house, and to purchase real estate for that purpose and whether any necessity existed for the erection of said building, and that the said President and Directors be required to furnish the information contemplated by this resolution.

Mr. Kelly moved to amend the amendment by adding the word "joint" before the word committee, which was lost.

A division of the question being called for, the vote was first taken on striking out, which was carried.

The vote was then taken on the adoption of Mr. Greening's amendment, which was carried.

The House then proceeded to the orders of the day, engrossed bills of the following titles, to wit.  An act to incorporate the town of Blountsville in the county of Blount, an act to authorize Isham R. House to bring to this state the slaves of Susan B. House, were severally read a third time and passed:- Ordered, that the titles be as aforesaid:- Ordered, that the same be sent to the Senate for their concurrence.

Bills of the following titles, to wit:- An act to fix and establish the dividing line between the counties of Tuscaloosa and Jefferson, by visible and marked boundaries, An act relative to the port and harbor of Mobile.

An act authorizing a lottery for the benefit of Cyrus Chapter No. 6 of Royal Arch Masons, and of Florence Lodge No. 14 of Ancient Free Masons in the town of Florence.

An act to provide for an extra term of the circuit court in Mobile county.

An act prescribing the mode of commencing the contest of certain elections, and of procuring evidence therein, an act to emancipate certain slaves therein mentioned:- an act to amend the act incorporating the town of Huntsville, were severally read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled, an act to establish a certain election precinct in the county of Marengo was laid on the table.

A bill to be entitled, an act to reduce into one the several acts giving fees to Justices of the peace and Constables, was laid on the table.

Bills of the following titles, to wit- an act compelling Clerks of circuit and county courts to calendar the causes in their respective courts.

An act for the more speedy trial of chancery causes, were severally referred to the judiciary committee.

A bill to be entitled, an act to provide for the payment of petit and grand jurors in Dallas county.  Mr. Anderson moved to amend the bill by adding after the word Dallas, wherever it occurs in said bill “and Marengo counties”, which was carried.


35

On motion of Mr. Rainey:- Resolved, that a committee of three members be appointed to enquire what compensation shall be allowed Hiram Shortridge Esq. for services rendered this house, whereupon Messrs. Rainey Moore of Mad, and Richardson, were appointed said committee.

Mr. Massey offered the following resolution:- Resolved, that the military committee be instructed to enquire into the expediency of passing a law authorizing the commanding officers of Regiments, Battalions, and Companies, to authorize some suitable person to officiate as sutlers at each o the aforesaid muster grounds, with leave to sell spirituous liquors, without paying licenses for the same on days of musters, drills, and court martials, on the express condition that the said sutlers, shall clear out and keep in good repair, a suitable parade ground, with leave to report by bill or otherwise which was lost.

Mr. Russell obtained leave to introduce a bill to be entitled, an act to extend the corporate limits of Bellefont, which was read a first time and ordered to be read a second time: and then the House adjourned until tomorrow morning 10 o'clock.