WEDNESDAY 9th JANUARY 1828.

The Senate met pursuant to adjournment.

Mr. Barton from the committee on the judiciary to which was referred a bill to be entitled an act to provide for the more speedy collection of debts due the Bank of the State of Alabama in certain cases, reported the same without amendment.

The bill was then read the third time and passed, ordered, that the title, of the bill be as aforesaid and that it be sent to the House of Rep's for their concurrence.

Mr. Barton, from the same committee to which was referred a bill to be entitled, an act to authorize Sheriffs to take bonds in certain criminal cases, reported that it would be inexpedient in the opinion of the committee to pass the bill, which was concurred in.

Mr. Barton from the same committee to which was referred a bill to be entitled, an act to establish the damages to be paid on writs of error reported that it s inexpedient to pass the bill, ordered, that the bill and report lie on the table.

Mr. Barton, from the same committee to which was referred the communication from the Governor of the 2d inst. upon the subject of the instructions which have been given from the Treasury Department of the United States to the Lands offices in this state, asked to be discharged from the further consideration thereof, which was agreed to.

Mr. Jackson, from the committee on the State Bank to which was referred a resolution instructing them to enquire into the propriety of establishing an office of discount and deposite at some point in the Tennessee Valley, asked to be discharged from the further consideration thereof, which was agreed to.

Mr. Jackson from the same committee to which was referred a bill to be entitled, an act to amend the act to establish the Bank of the State of Alabama, reported that it is inexpedient to pass the bill.

Mr. Hubbard moved that the bill and report lie on the table.- Mr. Jackson, moved to amend the motion by adding the words “till the first day of June next,” which was carried.- Yeas 12, Nays 6.

The yeas and nays being desired, those who voted in the affirmative are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Jackson, Jones, Merriwether, Moore, Powell and Sullivan.

Those who voted in the negative are: messrs. Evans, Hubbard, McCamy, Miller, Shackleford and Sullivan.

Mr. Jackson, from the same committee to which was referred a bill to be entitled, an act to repeal an act, therein mentioned, reported the same without amendment. The bill was then read the third time and on the question being put “shall the bill pass,” it was determined in the negative- Yeas 8, Nays 10.

The yeas and nays being desired those who voted in the affirmative are Messrs. Casey, Crabb, Evans, Jones, McCamy, Shackleford, Skinner and


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Sullivan.

Those who voted in the negative are, Mr. President, Ash, Barton, Brown, Hubbard, Jackson, Merriwether, Miller, Moore and Powell.

Mr. Powell from the joint committee on enrolled bills reported as correctly enrolled, an act to authorize and require the Secretary of State to procure and distribute to each county in this State one set of weights & measures, an act to authorize John G. Creagh to bring into this State the slaves of his wards Anne D. Houze and Jame Houze, and for other purposes, and an act to amend an act entitled an act, to provide for the Printing of the Laws and Journals and for other purposes, passed Dec. 23th 1822, all of which were accordingly signed by Mr. President.

Mr. Casey from the select committee to which was referred a bill to be entitled an act, regulating the fees of Sheriffs Clerks, Attorneys and other officers therein named reported the same as amended by striking out all after the enacting clause and substituting another bill in lieu thereof which was concurred in, ordered that the bill as amended be engrossed and made the order of the day for a third reading tomorrow.

Mr. Jackson, from the special committee to which was referred so much of the Governors Message as relates to the failure of the Tombeckbe Bank to pay specie for its notes, asked to be discharged from the further consideration thereof which was agreed to.

Mr. Casey moved that so much of the Governor's message as relates to the failure of the Tombeckbe Bank to pay specie for its notes be recommitted to a special committee; which was carried- Whereupon Messrs. Casey Evans and Merriwether, were appointed the committee.

Mr. Jackson from the special committee to whom was referred a bill to be entitled, an act to amend the third section of an act passed the last session of the Legislature to compensate the commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this State and Georgia and also a communication from his Excellency the Governor upon the subject with instructions to report to the Senate all the facts relative to the services rendered by the individual for whom the said bill provides compensation, and the authority under which he acted, and to report such amendments to said bill, if any, as they may think necessary, reported, that by a Joint Resolution passed the 7th day of January 1826, the Governor was authorized and required to appoint two fit persons as commissioners to co operate with such commissioners as might be appointed on the part of the State of Georgia, to ascertain the boundary line between the two States according to the terms of the compact between the United States and Georgia. That in execution of the said resolution, the Governor on the 9th day of March 1826 appointed Arthur P. Bagby and Charles Lewis commissioners on the part of this State, who engaged to meet the Georgia Commissioners at Fort Mitchell on the first Monday of July in the same year. That one of the commissioners Mr. Bagby was prevented by ill health from attending the meeting until the 19th day of July when he joined his colleague and entered upon the duties of his appointment- That in consequence of the protracted and unexplained absence of Mr. Bagby arising from the aforementioned cause, the attending commissioner Mr. Lewis became quite uneasy and considerably embarrassed as will appear by his numerous letters to the Executive on the subject.-- That the Governor uninformed of the cause of Mr. Bagby's absence and feeling great solicitude (as would appear by his Excellency's communication) that the interest of the state might not suffer


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by the failure of an important negotiation thought that the best and most consistent course would be the appointment of a competent person who should associate with Mr. Lewis as a commissioner in the event of Mr. Bagby's failure to attend, or to act as agent or Counsel with the commissioners as the exigencies of the service should require.- In this view of the subject and impelled by the force of the circumstances, the Executive appears to have appointed Mr. Kelly- In compliance with the call of the Executive, Mr. Kelly proceeded from Tuskaloosa to the Creek Nation, where he met the attending commissioner Mr. Lewis, and the Georgia commissioners and was informed that Mr. Bagby had joined his colleague before the departure of the Joint Commissioners from Fort Mitchell for Nickajack- on being advised that Mr. Bagby had joined the commissioners and would meet them at Nickajack.- Mr. Kelly returned to Huntsville, and on the 10th day of August reported to the Governor, and was again appointed by His Excellency to co operate with the state commissioners.- But the Georgia commissioners adverting to the Joint Resolution of the general Assembly of this State, authorizing the appointment of two commissioners, and to the letter of appointment presented by the two attending commissioners Messrs. Bagby & Lewis, declined recognizing Mr. Kelly in the character of a joint commissioner in consequence of which he soon after left Nickajack and returned to Huntsville- Having thus gone into a detail of the principle facts and circumstances connected with the appointment of Mr. Kelly and the services rendered by him as an agent or counselor to the commission under the call of the Executive the committee proceed to the remaining point of the enquiry submitted to them to wit: the 'authority' under which Mr. Kelly was appointed and acted- Of the 'reasons' which led to, and the 'necessity' which dictated the appointment of Mr. Kelly, the Executive appears to have been fully satisfied and your committee are not prepared to say that a provisional appointment under all the circumstances was not demanded by the public interest. But the committee looking to the law creating the appointment of commissioners and regarding the Constitutional limitations to the Executive power over appointments and vacancies feel constrained to say that Mr. Kelly cannot legally be regarded as a commissioner.- Whether it was competent for the Governor under the Joint Resolution to make a contingent appointment of commissioner in an abstract question which in the opinion of the committee, it is unnecessary for the Senate to determine. It would be a work of supererogation, no vacancy having in fact occurred, but only a short delay arising from an accidental cause which could not be controlled. The committee deem it unnecessary to speculate on the extent to which the Executive power may be Constitutionally stretched in appointments to office.- They content themselves with reported as the opinion of the committee that the circumstances of the case warranted the provisional appointment of some competent person who in the language of the Governor should act as agent or counsel in the business- In this capacity Mr. Kelly appears to have acted; and in this capacity your committee think he should be compensated for the time he was actually in service, at the same rate the commissioners have been paid. By reference to the memorial of Mr. Kelly which the committee are willing to receive as evidence of the fact, he appears to have been engaged in this employment first and last, about thirty two days, and his report to the Governor, upon the conclusion of the service shews that the sum of six hundred and twenty five dollars was advanced to him at sundry times by the Executive


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of which Mr. Lewis one of the commissioners received the sum of three hundred and twenty-eight dollars leaving a balance in his hands of two hundred and ninety seven dollars, which amount the committee are informed by His Excellency's communication has been settled at the Treasury by the personal check of the Executive.”

Ordered, that the bill and report lie on the table.

A message from the House of Representatives by Mr. Tunstall.

Mr. President the House of Representatives has adopted the following Resolution in which they ask your concurrence.

Resolved, That the Senate be invited to assemble in the Representative Hall at seven o'clock this evening for the purpose of electing a Judge and Solicitor of the 7th Judicial Circuit.

Mr. Casey moved to amend the resolution by adding at the end thereof the words "and also Trustees from each Judicial Circuit;" which was carried. The resolution as amended was then agreed to.

Ordered, that the Secretary acquaint the House of Representatives therewith.

Mr. Hubbard from the special committee to which was referred so much of the Governor's message as relates to the protecting duties which occupied the last, and are expected to occupy the present session of Congress asked to be discharged from the further consideration thereof.

Mr. Hubbard from the special committee to which was referred a bill to be entitled, an act to establish an office of Discount & Deposit of the Bank of the State of Alabama in the northern part of this State, reported the same with sundry amendments all of which were agreed to except one.

Mr. McCamy moved further to amend the bill by striking out that part which requires the office of discount and deposit to be located in some Town within seven miles of the Tennessee River which was carried. Yeas 12. Nays 6.

The yeas and nays being desired those who voted in the affirmative are Messrs. Ash, Barton, Casey, Evans, Hubbard, Jones, McCamey, Merriwether, Miller, Moore, Powell and Sullivan.

Those who voted in the negative are Mr. President, Brown, Crabb, Jackson, Shackleford and Skinner. Ordered that the bill be engrossed and made the order of the day for a third reading tomorrow.

A message from the House of Representatives by Mr. Tunstall their Clerk.

Mr. President- The House of Representatives have passed bills which originated in the Senate entitled, an act for the relief of Wyatt Cheatham, an act, to authorize the court of revenue and roads of the county of Wilcox to alter State Roads, and have amended the same as herewith shewn. In which they desire your concurrence.

They concurred in the amendments made by the Senate to the bill entitled, an act, to authorize Jessee Lott to continue a toll bridge erected over Dog River in the county of Mobile, and the joint resolution declaring the expiration of the office of the present Trustees of the University of the State of Alabama. They have passed a bill which originated in their House entitled, an act for the relief of Robert H. Rose. In which they desire your concurrence.

Mr. Crabb, from the Military committee to which was referred a bill to be entitled, an act to provide for the preservation of the public arms, reported the same as amended, ordered, that the bill and amendments lie on the table till to morrow.

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Mr. Crabb, from the same committee to which was referred the communication from the Governor transmitting the account of the Quarter master General asked to be discharged from the further consideration thereof which was agreed to.

Ordered, that the bill entitled, an act to authorize the court of revenue and roads of Wilcox county to alter state roads in certain cases, together with the amendment made thereto by the House lie on the table.

Mr. Hubbard, from the special committee to which was referred a joint resolution authorizing the Governor to procure a correct map of this State asked to be discharged from the further consideration thereof, which was agreed to, Ordered, that the resolution lie on the table.

Bills entitled, an act, to repeal an act, to provide for the payment of petit jurors in certain counties therein named, and for other purposes passed 25th December 1824, so far as the same applies to the county of Autauga and for other purposes.

An act to authorize Wyatt Harper administrator of William Bates deceased to sell and convey real estate, and, an act, for the benefit of the Estate of Daniel Davis deceased, late of Monroe county, were severally read the third time and passed, ordered, that the Secretary acquaint the House of Representatives therewith.

A bill to be entitled, an act for the relief of Robert H. Rose, was read and ordered to a second reading tomorrow.

A bill to be entitled, an act to declare void a certain rule of the Supreme Court, was read the third time and rejected. Yeas 4, Nays 14.

The yeas and nays being desired on the passage of the bill those who voted in the affirmative are, Messrs. Crabb, Evans, Jones and Sullivan.

Those who voted in the negative are Mr. President, Ashe, Barton, Brown, Casey, Hubbard, Jackson, McCamey, Merriwether, Miller, Moore, Powell, Shackleford and Skinner.

A bill to be entitled, an act to require the Judges of the county courts to renew their bonds, was read the third time and rejected.

A bill to be entitled an act amendatory of the common law as herein after provided, was read the second time and referred to the committee on the Judiciary to consider and report thereon.

A bill to be entitled, an act to amend an act incorporating the Town of Athens; and, an act to provide for the establishment of the permanent seat of justice in the county of Walker, were severally read the second time. The rule requiring bills to be read on three several days being dispensed with, the bills were severally read the third time and passed, ordered, that they be returned to the House of Representatives.

Joint resolution authorizing the Governor to order the Quarter Master General to deliver a Field Piece to the Artillery company of Claiborne, was read the second time and referred to the Military committee.

A bill to be entitled an act to change the place of holding the Medical Board for the District of Cahawba was read the second time, and referred to a special committee consisting of messrs. Casey, Shackleford, and Merriwether.

A bill to be entitled, an act to establish the dividing line between the counties of Bibb and Tuscaloosa according to the existing laws, was read the second time, and ordered to a third reading tomorrow.

A message from the Governor by Mr. Thornton. Mr. President:-- The Governor did on this day approve and sign, an act to form a seventh Judicial circuit, and, an act to authorize John P. Neale agent of Wm. A.


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Powell to emancipate John Robinson a man of color, both of which originated in the Senate.

A message from the House of Representatives by Mr. McClellan.

Mr. President, The House of Representatives have passed bills &c. which originated in the House entitled, an act, to repeal in part and amend an act entitled, an act to establish a certain road therein designated.

A joint resolution to authorize the erection of the State Capitol in Broad Street; and - A joint remonstrance to the Congress of the United States against the power assumed to protect certain branches of domestic industry, at the expense of others and the policy of the measure. In all of which they desire your concurrence.

A bill from the House of Representatives entitled, an act to repeal in part and amend an act entitled, an act to establish a certain road therein designated, was read, and the rule requiring bills to be read on three several days being dispensed with, the bill was read the second and third time forthwith and passed, ordered, that the Secretary acquaint the House of Representatives therewith.

Joint resolution to authorize the erection of the State Capitol in Broad Street: and, a joint remonstrance to the Congress of the United States against the power assumed to protect certain branches of domestic industry at the expense of others and the policy of the measure, were severally read and ordered to a second reading tomorrow.

A message from the House of Representatives by Mr. Tunstall their Clerk.

Mr. President: The House of Representatives disagree to the amendment made by the Senate to the joint resolution proposing to go into the election of a Judge and Solicitor of the 7th Judicial circuit by adding the words "and also Trustees for each Judicial circuit," ordered, that the Senate recede from their amendment to the resolution, ordered that the Secretary acquaint the House of Representatives therewith.

On motion of Mr. Brown, ordered, that the committee on accounts and claims be relieved from the operation of a resolution requiring the committees to make reports by 3 o'clock to day- and then the Senate adjourned till 3 o'clock this evening.

3 O'CLOCK, P. M.

The Senate met pursuant to adjournment.

Mr. Casey, from the special committee to which was referred, joint resolutions instructing His Excellency the Governor to cause the remains of the late Israel Pickens to be removed from the Island of Cuba to his late residence in Greene county, reported the same as amended, ordered that the resolutions and amendments lie on the table till tomorrow.

A message from the House of Representatives by Mr. Tunstall their Clerk.

Mr. President, The House of Representatives adhere to their amendments to the bill 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, ordered, that the Senate insist on their disagreement to the amendment made by the House of Representatives to the above bill, and that a committee be appointed on the part of the Senate to confer with such committee as may be appointed by the House of Representatives on the subject of said disagreement, whereupon Messrs. Casey, Evans and Barton, were appointed the committee ordered, that the Secretary acquaint the House of Representatives therewith.


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A bill to be entitled, an act, to place a certain road therein named, under the control of the commissioners court of revenue and roads of Shelby county, was read the second time and the rule requiring bills to be read on three several days being dispensed with the bill was read the 3rd time forthwith and passed ordered, that the Secretary acquaint the house of Representatives therewith.

Mr. Powell from the special committee to which was referred a bill to be entitled an act, granting to the Heirs, Representatives, and associates of John Byler deceased, the privilege of erecting a gate on the road known by the name of Byler's Turnpike road, reported that the provision of granting to Byler's Heirs the privilege of erecting a toll gate on said road, at any convenient place in the 18th Township is viewed by your committee as peculiarly objectionable and notwithstanding the exceptions contained in the bill, it is believed that it will have an oppressive influence upon a respectable portion of the inhabitants of Tuscaloosa county, and the inhabitants of Fayette and Marion counties without any equivalent to the public for the privilege granted. I am therefore instructed to report the bill back to the Senate without amendment, and recommend the inexpediency of the passage of the same,” which was concurred in.

Mr. Hubbard laid before the Senate a letter from Wm. Nichols the State Architect, which was referred to the committee on the State capitol.

A message from the House of Representatives by Mr. McClellan.

Mr. President, the House of Representatives have passed bills which originated in their House entitled, an act to authorize the Judge of the county court and commissioners of Roads and Revenue of Shelby County to levy an extra tax; and, an act prescribing the mode of ascertaining the sense of the citizens of this State on the proposed amendment to the constitution of this State limiting the tenure of the Judges to seven years. In which they desire your concurrence. The bills mentioned in the foregoing message were severally read the first time and ordered to a second reading to-morrow.

A bill to be entitled, an act to divorce James Pharr from Mary Pharr, was read the third time and passed by the requisite majority.

Ordered, that the Secretary acquaint the House of Representatives therewith.

A bill to be entitled, an act to repeal in part and amend an act respecting slaves passed March 1805; An act to authorize the commissioners of Revenue and Roads of Mobile County to levy a special tax, and for other purposes; An act relative to the estate of Isaac Edwards late of Conecuh County deceased; An act providing for the election of a Sheriff in Blount County, and for other purposes; An act to establish a road from McMurrays old Saw Mill on Shades creek in Jefferson County, to Charles Mundin's in Shelby County, were severally read the second time.- The rule requiring bills to be read on three several days being dispensed with, the bills were severally read the third time and passed.

Ordered, that they be returned to the House of Representatives.

A bill to be entitled, an act authorizing a Lottery for the purpose of establishing a free school on the Lancasterian plan of tuition in the Town of Huntsville; and the purchasing a clock for the use of said Town, was taken up.

Mr. Crabb offered an amendment to the bill incorporating the Trustees of the Poplar spring Academy in Morgan County; which was adopted.


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The bill was then read the third time and passed. Ordered, that the words “and incorporate the Trustees of Poplar spring Academy in Morgan County” be added to the title. Ordered, that the Secretary acquaint the House of Representatives therewith.

Mr. Jones called up the bill to be entitled, an act to repeal in part a certain act therein named. The bill was then read the third time & passed.

Bills entitled, an act to emancipate certain slaves therein named; An act for the relief of Joseph Owens; An act to repeal in part an act passed March 1803, and reenacted with amendments Feb. 1807; and an act to incorporate a Volunteer company under the name and style of the Monroe Rifle company, were severally read the second time and ordered to a third reading tomorrow.

A bill to be entitled, an act concerning the duties of Clerks of the county courts and other officers was read the second time and referred to the committee on the judiciary to consider and report thereon.

An engrossed bill to be entitled, an act amendatory to the several acts heretofore passed in relation to the public revenue, was read the third time and passed.

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

A bill to be entitled, an act giving additional powers to the commissioners for superintending the execution of the state capital, and for compensating the superintendent, was read the second time and referred to the committee on the state capitol to consider and report thereon.

A bill to be entitled, an act to alter the times of holding company courts martial was read the second time.

Mr. Powell offered an amendment to the bill providing that there shall not be more than two company musters in one years; which was adopted.

Ordered, that the bill be read the third time tomorrow.

Joint memorial to Congress on the subject of public lands was read the second time and referred to the committee on the Judiciary to consider and report thereon.

Mr. Crabb called up the bill to be entitled, an act to authorize the sale of sixteenth sections.

Mr. Crabbs' amendment to the substitute proposed by the committee on schools and colleges &c. was adopted. - The substitute proposed by the committee was further amended, and the bill laid on the table till tomorrow.

Mr. Casey from the committee of conference appointed by both Houses of the Legislature on the disagreement between the two Houses as to the amendments made by the House of Representatives to the bill to be entitled, an act to organize and establish a circuit court in Dale County and to arrange the counties in the first, second and sixth Judicial circuits reported the following amendment to the amendment, made by the House of Representatives strike out all after the words “to wit” in the 31st line; to the word “and the county in the sixth circuit,” in the 50th line and insert the accompanying amendment; which was concurred in.

Ordered, that the Secretary acquaint the House of Rep's therewith.

Mr. Barton offered the following resolution, Resolved, that with the concurrence of the House of Representatives the two Houses will assemble this evening at 7 o'clock to elect two Trustees for each Judicial circuit commencing at the first and ending at the seventh, which was adopted, ordered, that the Secretary acquaint the House of Representatives therewith, and the Senate adjourned till 7 o'clock this evening.


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SEVEN O'CLOCK P. M.

The Senate met agreeable to adjournment.

A message from the House of Representatives by Mr. Tunstall, their Clerk.

Mr. President. The House of Representatives concur in the resolution of the Senate to go into the election of Trustees of the University from each Judicial circuit commencing at the first and ending with the 7th.

They concur in the report of the committee of conference appointed on the disagreement between the two Houses in relation to the amendment made by the House to the bill 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.

They have adopted the following resolution, Resolved, that the Senate be informed that the House is now ready to receive them to proceed to the election of a Judge and Solicitor of the seventh Judicial circuit and Trustees of the University from the different circuits, whereupon the members of the Senate repaired to the Hall of the House of Representatives and having taken the seats assigned them.

Mr. President arose, and announced the object of the meeting- when the two Houses proceeded to the election of a Judge of the seventh Judicial circuit in this State Sion L. Perry, Argyle Campbell and Harry I. Thornton being in nomination. The votes stood thus.

For Mr. Perry, - 27. - Mr. Campbell, 24.- Mr. Thornton, 28.

Those who voted for Mr. Perry are, messrs. Ashe, Brown, Evans, Irwin, Jones, Shackleford, Sullivan. Rep's messrs. Bradford, Brown, Bonnell, Clarke, Collier, Conner, Craig, Dennis, Duke, Ellis, Forrest, Harris, Jack, Martin, Massey, Sharp, Tarver, Vaughan, Walthal and Weissinger.

Those who voted for Mr. Campbell are, messrs. Casey, Hubbard, McCamy, Moore, Skinner. Rep's Anderson, Broadnax, Bridges, Coopwood, Davis, Greening, Higgins, Kelly, McVay of Laud. McRae of Frank. Moore of Jack. Price, Russell, Sargent, Smith of C. Terry, Walker, Ward, Wiggins.

Those who voted for Mr. Thornton are, Messrs. President, Barton, Crabb, Earle, Jackson, Merriwether, Miller, Powell. Rep's Mr. Speaker, Acklen, Bell, Colgin, Cook, Daniel, Durrett, Edmondson, Lawler, Lewis, Moore of mad. Perkins, Rainey, Rather, Richardson, Ross, Robertson, Smith of mad. Stone and Vining, neither of the persons in nomination having received a majority of the whole number the two houses proceeded to vote a second time for Judge of the 7th circuit the same persons in nomination.

The votes stood thus: For Mr. Perry 27. Mr. Campbell 24. Mr. Thornton 28.- Those who voted for Mr. Perry are the same that voted for him the first time.

Those who voted for Mr. Campbell are the same who voted for him the first time.

Those who voted for Mr. Thornton are the same that voted for him the first time, neither of the persons in nomination having received a majority of votes the two Houses proceeded to vote a third time for Judge of the seventh circuit.

The vote stood thus:- For Mr. Perry 25.- Mr. Campbell 24. - Mr. Thornoton 30.- Those who voted for Mr. Perry are, messrs. Ashe, Brown, Evans Irwin,  Shackleford, Sullivan. Rep's messrs. Bradford, Bonnell, Clarke, Collier, Conner, Craig, Dennis, Duke, Ellis, Forrest, Harris, Jack, Martin, Massey, Sharp, Tarver, Vaughan, Walthal and Weissinger.

Those who voted for Mr. Campbell are, messrs. Casey, Hubbard, McCamy, Moore, Skinner. Rep's Anderson, Broadnax, Bridges, Coopwood,


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Davis, Greening, Higgins, Kelly, McVay of Laud. McRae of Frank. Moore of Jack. Price, Russell, Sargent, Smith of C. Terry, Walker, Ward and Wiggins.

Those who voted for Mr. Thornton are, Messrs. President, Barton, Crabb, Earle, Jackson, Jones, Merriwether, Miller, Powell - Rep's-  Mr. Speaker, Acklen, Bell, Brown, Colgin, Cook, Daniel, Durrett, Edmondson, Lawler, Lewis, Moore of mad. Perkins, Rainey, Rather, Richardson, Ross, Robertson, Smith of mad. Stone and Vining, neither of the persons in nomination having received a majority of the whole number of votes the two Houses proceeded to vote the 4th time for a Judge of the seventh circuit- the name of Mr. Campbell being withdrawn.

For Mr. Perry. 43.- Mr. Thornton 35.

Those who voted for Mr. Perry are, messrs. Ashe, Brown, Evans, Hubbard, Irwin, Jones, Moore, Shackleford, Skinner, Sullivan-- Rep's messrs. Anderson, Bradford, Broadnax, Bonnell, Clark, Collier, Conner, Craig, Dennis, Duke, Ellis, Forrest, Greening, Harris, Higgins, Jack, Kelly, Martin, McVay of Laud. Massey, McRae of Frank. Moore of Jack. Price, Sargent, Sharp, Tarver, Terry, Vaughan, Walker, Walthal, Ward,  Weisinger and Wiggins.

Those who voted for Mr. Thornton are, Messrs. President, Barton, Crabb,  Earle, Jackson, McCamey, Merriwether, Miller, Powell. Rep's Mr. Speaker, Acklen, Bell, Brown, Bridges, Colgin, Cook, Coopwood, Daniel, Davis, Durrett, Edmondson, Lawler, Lewis, Moore of mad. Perkins, Rainey, Rather, Richardson, Ross, Robertson, Smith of C. Smith of mad.  Stone and Vining,

Sion L. Perry having received a majority of the whole number of votes was declared by Mr. Speaker to be duly elected Judge of the seventh Judicial Circuit in this State.

The two Houses then proceeded to elect a Solicitor for the seventh Judicial circuit Ambrose Rose, David G. Liggon and James Davis being in nomination.

The votes stood thus: - For Mr. Davis 44- Mr. Liggin 18- Mr. Rose 17.

Those who voted for Mr. Davis are, Ashe, Casey, Crabb, Evans, Hubbard, Irwin, Jones, McCamey, Shackleford, Skinner. Rep's- Mr. Speaker, Acklen, Bell, Bradford, Brown, Broadnax, Bridges, Coopwood, Davis, Dennis, Durrett, Duke, Edmondson, Greening, Higgins, Lawler, Martin, McVay of Laud. Massey, McRae of Frank. Moore of Jack. Price, Robertson, Russell, Sargent, Sharp, Smith of mad. Terry, Vaughan, Vining, Walker, Ward, Weisinger & Wiggins.

Those who voted for Mr. Liggin are Mr. President, Barton, Earle, Jackson, Powell- Rep's Anderson, Bonnell, Colgin, Collier, Daniel, Harris, Lewis, Perkins, Rainey, Rather, Ross, Tarver, and Walthal.

Those who voted for Mr. Rose are, messrs. Brown, Merriwether, Miller, Moore, Sullivan. Rep's Clark, Conner, Cook, Craig, Ellis, Forrest, Jack, Kelly, Moore of mad. Richardson, Smith of Clark and Stone.

James Davis having received a majority of the whole number of the votes was declared by Mr. Speaker to be duly elected Solicitor of the seventh Judicial circuit in this State.

The two Houses then proceeded to the election of two Trustees of the University from the first judicial circuit.

Samuel W. Oliver, John Elliott, H. H. B. Hays, and D. R. W. McRae, being in nomination. The votes stood thus: - For Mr. Oliver 74, - Mr. Elliott 42.- Mr. Hayes 36.- Mr. McRae, 12.

Those who voted for Mr. Oliver are Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jackson, Jones, McCamey, Merriwether, Miller, Moore, Powell, Skinner.- Rep's messrs. Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Colgin, Collier, Conner, Cook, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis,


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Martin, McVay of Lau. Massey, McRae of F. Moore of Jack. Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Smith of C. Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward, Weisinger and Wiggins.

Those who voted for Mr. Elliott are, Mr. President, Ashe, Barton, Brown, Earle, Irwin, Jackson, Jones, Merriwether, Miller, Moore, Skinner, Sullivan. Rep's Acklen, Anderson, Bell, Bradford, Brown, Clark, Colgin, Collier, Cook, Coopwood, Craig, Dennis, Durrett, Edmondson, Harris, Jack, Kelly, Lawler, McVay of Laud. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Sharp, Stone and Terry.

Those who voted for Mr. Hayes are, messrs Casey, Evans, Hubbard, McCamey, Powell and Sullivan, Rep's Broadnax, Clark, Conner, Coopwood, Daniel, Duke, Ellis, Forrest, Higgins, Massey, Moore of J. Russell, Sargent, Smith of mad. Vaughan, Vining, Walthal, Ward, Weisinger, and Wiggins.

Those who voted for Mr. McRae are, Mr. Crabb. Rep's Bridges, Bonnell, Davis, Greening, Lewis, Martin, McRae of F. Moore of mad. Smith of C. Tarver and Walker.

Samuel W. Oliver and John Elliott having received a majority of the whole number of votes were declared by Mr. Greening acting as Speaker to be duly elected Trustees from the first Judicial Circuit of this State.

The two houses then proceeded to elect two Trustees of the University from the second Judicial Circuit.

Dr. George Philips, Dr. Thomas Casey and Boling Hall Esq. being in nomination.

The votes stood thus For Dr. Philips 61- Mr. Hall 48.- Dr. Casey 46.

Those who voted for Dr. Philips are, Mr. President, - Ashe, Barton, Brown, Crabb, Earle, Hubbard, Jackson, Jones, McCamey, Merriwether, Miller, Moore, Powell, Skinner, Sullivan- Rep's Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bonnell, Clarke, Colgin, Collier, Cook, Craig, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Harris, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. Massey, Moore of mad. Perkins, Price, Rainey, Rather, Richardson, Ross, Robertson, Sargent, Sharp, Stone, Tarver, Terry, Vining, Walker, Walthal, Weisinger and Wiggins.

Those who voted for Mr. Hall are, Mr. President, Barton, Earle, Evans, Erwin, Jackson. Rep's Mr. Speaker, Bell, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Durrett, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McRae of Frank. Moore of J. Perkins, Rainey, Rather, Ross, Robertson, Russell, Sharp, Smith of C. Smith of mad. Stone, Tarver, Terry, Vaughan, Walthal and Ward.

Those who voted for Dr. Casey are, Messrs. Ashe, Brown, Crabb, Evans, Hubbard, Irwin, Jones, McCamy, Merriwether, Miller, Moore, Powell, Skinner, Sullivan. Rep's Mr. Speaker, Acklen, Anderson, Bradford, Brown, Bridges, Conner, Coopwood, Daniel, Dennis, Duke, Greening, Higgins, Kelly, McVay of Laud. Massey, McRae of F. Moore of J. Moore of mad. Price, Richardson ,Russell, Sargent, Smith of C. Smith of mad. Vaughan, Vining, Walker, Ward, Weisinger and Wiggins.

Dr. George Philips and Bolling Hall having received a majority of the whole number of votes were declared to be duly elected Trustees of the University from the second Judicial Circuit of this State.

The two Houses then proceeded to elect two Trustees from the third Judicial Circuit Jack Shackleford, Hume R. Field & John F. Forrest


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being in nomination. For Mr. Shackleford 71, votes. - Mr. Field 47.- Mr. Forrest 36.- Those who voted for Mr. Shackleford are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jackson, Jones, McCamy, Merriwether, Miller, Moore, Powell, Skinner, Sullivan. Rep's. Mr. Speaker, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Edmondson, Greening, Harris, Higgins, Jack, Kelly, Lawler, Lewis, McVay of Laud. Massey, McRae of F. Moore of Mad. Price, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Smith of C. Smith of mad. Stone, Tarver, Terry, Vaughan, Vining, Walker, Walthal, Ward and Weisinger.

Those who voted for Mr. Field are, Mr. President, Barton, Casey, Crabb, Earle, Hubbard, Irwin, Jackson, McCamy, Merriwether, Miller, Moore, Powell, Skinner, Sullivan. Rep's. Mr. Speaker, Acklen, Brown, Broadnax, Clark, Colgin, Collier, Conner, Cook, Daniel, Ellis, Harris, Jack, Kelly, Lawler, Lewis, Martin, Moore of J. Moore of Mad. Perkins, Rainey, Richardson, Ross, Sharp, Smith of C. Smith of mad. Stone, Tarver, Vining, Walthal, Weisinger and Wiggins.

Those who voted for Mr. Forrest are, Messrs. Ashe, Brown, Evans, Jones. Rep's Messrs. Acklen, Anderson, Bell, Bradford, Bridges, Bonnell, Coopwood, Craig, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Greening, Higgins, Martin, McVay of Laud. Massey, McRae of F. Moore of J. Perkins, Price, Rather, Robertson, Russell, Sargent, Terry, Vaughan, Walker, Ward and Wiggins. Jack Shackleford and Hume R. Field having received a majority of votes were declared to be duly elected Trustees of the University from the 3d Judicial Circuit.

The two Houses then proceeded to elect two Trustees from the 4th Judicial Circuit Gen. John Coffee, Nicholas Davis, James Jackson and David Hubbard being in nomination. For Gen. Coffee 36 votes.- Mr. Davis 41.- Mr. Jackson 33- Mr. Hubbard 40.

Those who voted for Mr. Coffee are, messrs. Casey, Crabb, McCamey, Miller, Moore, Sullivan. Rep's Anderson, Bell, Brown, Bridges, Clark, Conner, Coopwood, Craig, Dennis, Durrett, Duke, Ellis, Edmondson, Forrest, Greening, Higgins, Kelly, Lawler, McVay of Laud. Moore of J. Moore of mad. Rather, Robertson, Sargent, Smith of mad. Vaughan, Walker, Ward, Weisinger and Wiggins.

Those who voted for Mr. Davis are, messrs. Ashe, Barton, Brown, Crabb, Earle, Evans, Jones, Merriwether, Powell and Shackleford. Rep's. Mr. Speaker, Acklen, Bell, Bradford, Broadnax, Bonnell, Colgin, Collier, Cook, Davis, Edmondson, Harris, Jack, Lawler, Lewis, Martin, Massey, Perkins, Price, Rainey, Richardson, Ross, Robertson, Russell, Sharp, Smith, of C. Stone, Tarver, Terry, Vining and Walthal.

Those who voted for Mr. Jackson are, messrs. Ashe, Barton, Brown, Earle, Irwin, Jones, Merriwether, Powell, Shackleford. Rep's Mr. Speaker, Broadnax, Bonnell, Colgin, Collier, Conner, Cook, Daniel, Durrett, Forrest, Harris, Jack, Lewis, Martin, McRae of F. Perkins, Rainey, Richardson, Ross, Sharp Stone, Tarver, Vining and Walthal.

Those who voted for Mr. Hubbard are, messrs. Casey, Evans, Irwin, McCamey, Miller, Moore, Sullivan. Rep's Acklen, Anderson, Bradford, Brown, Bridges, Clark, Coopwood, Craig, Daniel, Davis, Dennis, Duke, Ellis, Greening, Higgins, Kelly, McVay of Laud. Massey, McRae of Frnk. Moore of J. Moore of mad. Price, Rather, Russell, Sargent, Smith of C. Smith of mad. Terry, Vaughan, Walker, Ward, Weisinger and Wiggins.

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Nicholas Davis and David Hubbard, having received a majority of votes were declared to be duly elected Trustees of the University from the fourth Judicial circuit.

The two Houses then proceeded to elect two Trustees of the University from the fifth Judicial circuit.

Dr Henry W. Rhodes, Dr. Thomas Fearn, Dr. David Moore and Wm. Acklen, being in nomination.

For Dr. Rhodes 42- Dr Fearn 37.- Dr. Moore 36- Mr. Acklen 31.

Those who voted for Dr Rhodes are messrs. Ashe, Brown, Casey, Crabb, Evans, Hubbard, Merriwether, Moore, Sullivan. Rep's. Mr. Speaker, Bell, Bradford, Brown, Bridges, Bonnell, Clark, Conner, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Ellis, Edmondson, Forrest, Greening, Harris, Lawler, Lewis, McVay of Laud. Massey, McRae of F. Rather, Robertson, Sargent, Sharp, Terry, Vaughan, Ward, Weisinger and Wiggins.

Those who voted for Dr. Fearn, are, Mr. President, Ashe, Barton, Brown, Crabb, Earle, Irwin, Jackson, Merriwether, Miller, Powell, Shackleford, Sullivan, Rep's Mr. Speaker, Anderson, Bell, Broadnax, Bonnell, Collier, Conner, Craig, Dennis, Durrett, Edmondson, Jack, Lawler, Lewis, Martin, Moore of mad. Perkins, Rainey, Richardson, Ross, Robertson, Smith of mad. Tarver and Vining.

Those who voted for Dr. Moore are, Mr. President, Barton, Earle, Evans, Jones, McCamey, Miller, Moore, Powell, Shackleford. Rep's Broadnax, Collier, Colgin, Davis, Harris, Jack, Kelly, Martin, Moore of J. Moore of mad. Perkins, Price, Rainey, Richardson, Ross, Russell, Sharp, Smith of C. Smith of mad. Stone, Tarver, Terry, Vining, Walthal, Weisinger, Wiggins.

Those who voted for Mr. Acklen are, messrs Casey, Hubbard, Irwin, McCamey, Rep's Anderson, Bradford, Brown, Bridges, Clark, Colgin, Cook, Coopwood, Daniel, Ellis, Forrest, Greening, Higgins, Kelly, McVay of Laud. Massey, McRae of F. Moore of J. Price, Rather, Russell, Sargent, Stone, Vaughan, Walker, Walthal and Ward.

Dr. Henry Rhodes having received a majority of the whole number of votes was declared to be duly elected a Trustee of the University from the 5th Judicial Circuit.

The two houses then proceeded to vote the second time for another Trustee from the fifty Judicial Circuit.

The vote stood thus:- Dr. Fearn 36- Dr. Moore 20- Mr. Acklen 19.

Those who voted for Dr Fearn are, Mr. President, Ashe, Barton, Brown, Crabb, Earle, Irwin, Jackson, Merriwether, Miller, Powell, Shackleford, Sullivan- Rep's Bell, Brown, Bridges, Bonnell, Collier, Conner, Coopwood, Craig, Dennis, Durrett, Edmondson, Lawler, Lewis, Martin, McVay of Laud. Moore of mad. Rather, Richardson, Ross, Robertson, Smith of mad. Vaughan and Vining.

Those who voted for Dr. Moore are, Messrs. Evans, Hubbard, Jones, McCamey, Moore, Rep's Mr. Speaker, Broadnax, Davis, Harris, Jack, Perkins, Price, Rainey, Russell, Sharp, Smith of C. Tarver, Terry, Weisinger, and Wiggins.

Those who voted for Mr. Acklen are, Mr. Casey. Rep's Anderson, Bradford, Clark, Colgin, Cook, Daniel, Ellis, Greening, Higgins, Kelly, Massey, McRae of F. Moore of J. Sargent, Stone, Walker, Walthal and Ward.

Neither of the persons in nomination having received a majority of the whole number the two houses proceeded to vote a third time for a Trustee of the University from the fifth circuit, the name of Mr. Acklen being withdrawn.- For Dr. Fearn, 43.- Dr. Moore 31.

 


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Those who voted for Dr. Fearn are, Mr. President, Ashe, Barton, Brown, Crabb, Earle, Irwin, Jackson, Jones, Merriwether, Miller, Powell, Shackleford, Sullivan- Rep's. Anderson, Bell, Bradford, Bridges, Bonnell, Collier, Conner, Cook, Coopwood, Craig, Daniel, Dennis, Durrett, Edmondson, Higgins, Lawler, Lewis, Martin, McVay of Laud. Moore of mad. Rather, Richardson, Ross, Robertson, Sargent, Smith of mad. Vaughan and Vining.

Those who voted for Dr. Moore are messrs. Casey, Evans, Hubbard, McCamey, Moore, Rep's. Mr. Speaker, Broadnax, Clark, Colgin, Davis, Ellis, Greening, Harris, Jack, Kelly, Massey, McRae of F. Moore of J. Perkins, Price, Rainey, Russell, Sharp, Smith of C. Stone, Tarver, Terry, Walthal, Ward, Weisinger and Wiggins.

Dr. Thomas Fearn having received a majority of votes was declared to be duly elected a Trustee from the fifth Circuit.

The two houses then proceeded to elect two Trustees of the University from the sixth Judicial circuit.- Dixon H. Lewis and Nimrod E. Benson, being in nomination.

Those who voted for messrs. Lewis and Benson are,- Mr. President, Ash, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jackson, Jones, McCamey, Merriwether, Miller, Moore, Powell, Shackleford.- Rep's. Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Durrett, Duke, Ellis, Edmondson, Greening, Harris, Higgins, Jack, Kelly, Lawler, Martin, McVay of Laud. Massey, McRae of  F. Moore of J. Moore of mad. Perkins, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sargent, Sharp, Smith of C. Smith of mad. Stone, Tarver, Terry, Vaughan, Walker, Walthal, Weisinger and Wiggins.

Dixon H. Lewis and Nimrod E. Benson were therefore declared to be duly elected Trustees of the University from the sixth Judicial circuit.

The two houses then proceeded to elect two Trustees from the seventh Judicial circuit.

Thomas Wooldrige Quin Morton and Jesse Vanhoose being in nomination.

For Mr. Vanhoose, 58- Mr. Morton, 43- Mr. Wooldridge, 34. Those who voted for Mr. Vanhoose are Mr. President, Ashe, Barton, Brown, Casey, Earle, Hubbard, Irwin, Jackson, McCamey, Merriwether, Miller, Moore, Powell, Shackleford, Sullivan, Rep's Mr. Speaker, Acklen, Anderson, Bell, Bradford, Brown, Broadnax, Bridges, Bonnell, Clark, Colgin, Collier, Conner, Cook, Coopwood, Craig, Daniel, Davis, Dennis, Duke, Ellis, Edmondson, Greening, Higgins, Jack, Kelly, Lawler, Lewis, Martin, McVay of Laud. Massey, Moore of J. Perkins, Rainey, Rather, Richardson; Ross, Robertson, Russell, Sargent, Sharp, Smith of C. Smith of mad. Stone, Tarver, Terry, Vining, Walker, Walthal, Weisinger and Wiggins.

Those who voted for Mr. Morton are, Mr. President, Barton, Brown, Earle, Jackson, Jones, McCamey, Powell, Shackleford, Rep's Mr. Speaker, Bell, Broadnax, Bonnell, Colgin, Collier, Cook, Craig, Davis, Durrett, Edmondson, Harris, Jack, Lawler, Lewis, Martin, McRae of F. Perkins, Rainey, Rather, Richardson, Ross, Robertson, Russell, Sharp, Stone, Smith of mad. Tarver, Terry, Vaughan, Walthal, Weisinger and Wiggins.

Those who voted for Mr. Wooldridge are, messrs. Ashe, Casey, Evans, Hubbard, Irwin, Merriwether, Miller, Moore, Sullivan- Rep's Acklen, Anderson, Bradford, Brown, Bridges, Clark, Conner, Coopwood, Daniel, Dennis, Durrett, Duke, Greening, Higgins, Kelly, McVay of Laud. Massey, McRae of F. Moore of J. Moore of mad. Sargent, Smith of C. Vaughan, Vining and Walker.

Jessee Vanhoose and Quin Morton having received a majority of the whole


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number of votes were declared by Mr. Speaker to be duly elected Trustees of the University from the seventh Judicial circuit.

The elections being completed, the Senate withdrew returned to their own chamber and Mr. President resumed the chair- When on motion the Senate adjourned till tomorrow morning at 11 o'clock.