Monday, November 26, 1827.

The Senate met pursuant to adjournment.


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Mr. Merriwether presented the petition of Pleasant Wright, Jailor of Greene county, asking pay for dieting a person committed to the jail of said county as a runaway slave, who was afterwards discharged from confinement upon the ground that he was a free man, which was read and referred to the committee on propositions and grievances, to examine and report thereon.

Mr. Evans presented the accounts of the Sheriff of Wilcox county, against the State; which were referred to the committee on accounts and claims.

A message from the House of Representatives by Mr. Ready their assistant clerk: Mr. President the House of Representatives concur in the Resolution of your honorable body, to go into the election of a State Printer at the hour of 2 o'clock on this day. They also concur in the resolution of the Senate making it the duty of the military standing committees of the two Houses to examine the state arsenal and report the situation of the public arms therein.

They have adopted the following Resolution in which they desire your concurrence: Resolved, That with the concurrence of the Senate the two Houses immediately after electing a State Printer, will proceed to the election of Judges of the county courts of Fayette, Montgomery, Pike, Tuskaloosa, Clarke, and Dale Counties.

Ordered that the Senate concur in the resolution from the House of Representatives, in relation to electing county court Judges, after the election of State Printer.

Ordered that the Secretary inform the House thereof.

Mr. Casey gave notice that on to-morrow he would move to amend the 32d rule for the government of the proceedings of the Senate.

A bill to be entitled an act for the relief of William Furguson, and an act to amend an act entitled an act to incorporate the Town of Florence in the State of Alabama, were severally read the second time and ordered to be engrossed for a third reading to-morrow.

A bill to be entitled an act, to authorize Mahala Farrar, to emancipate a mulatto woman slave named Patience, was read the second time and on Mr. Caseys motion ordered to lie on the table.

A bill to be entitled an act to organize and establish circuit courts in Dale county and for other purposes and Joint Resolutions proposing an alteration to the constitution of the State of Alabama, were severally read the second time and referred to the committee on the judiciary to consider and report thereon.

On motion of Mr. Jackson, Ordered that the communication from George F. Salle, preferring charges against the Hon. A. S. Lipscomb, one of the Judges of the Circuit and Supreme Courts, be again laid on the table till to-morrow.

Mr. Jones introduced a bill to be entitled an act to limit the jurisdiction of Justices of the Peace in all cases of contract, which was read and on the question, "shall the bill be read the second time to-morrow,” it was determined in the negative.

Mr. Irwin offered the following resolution: Resolved, That the judiciary committee be instructed to lay before the Senate Joint Resolutions proposing an amendment to the constitution of this State providing that the offices of Chancellors, Judges of the Supreme and circuit courts and Judges of the Inferior courts shall expire after the expiration of a certain term of years instead of the present tenure by which they hold their respective offices which was rejected.


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Mr. Evans offered the following resolution: Resolved, That the committee on Schools and colleges and school and college lands be instructed to enquire into the expediency of authorising the sale of the sixteenth sections in this State; and that the said committee be required to report by bill or otherwise the best mode of ascertaining the sense of the inhabitants of the different Townships as to the sale of said sections and to provide for the sale of the same if it should be so determined by the inhabitants and for the funds arising from the sale thereof.

Mr. Sullivan moved to amend the Resolution by adding the words “pursuant to the provisions of the late act of Congress” after the words “authorizing the sale of the 16th sections in this State;” which was carried. The resolution as amended was then adopted.

Mr. Casey offered the following resolution: Resolved, That a committee be appointed by the Senate to act with such committee as may be appointed by the House of Representatives to conduct the Governor elect into the Hall of the House of Representatives for the purpose of taking the necessary oaths previous to entering on the discharge of the duties of his office: which was adopted; whereupon Messrs. Casey and Evans were appointed the committee on the part of the Senate. Ordered, That the secretary acquaint the House of Representatives therewith.

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

Mr. President- The House of Representatives have adopted the following resolution: Resolved, That the Senate be informed that the House of Representatives are now ready to receive them, for the pose of installing and qualifying the Governor elect; and that the east end of the Hall be assigned for their reception. Whereupon the members of the Senate repaired to the hall of the House of Representatives, & having taken their seats his Excellency John Murphy, appeared and delivered an appropriate address to both Houses, after which the oath prescribed by an act to suppress duelling and the oath prescribed by the Constitution of the State were severally administered to him in due form and then the Senate withdrew and returned to their own chamber, and Mr. President resumed the chair.

On motion the Senate adjourned till 2 o'clock this evening.

Evening Session- Mr. Barton a Senator from the district composed of the counties of Mobile, Baldwin and Washington, appeared and took his seat.

Mr. Irwin presented the petition of sundry citizens of Pike County recommending Alexander McCall as a suitable person to fill the office of Judge of the county court of said county, which was read and laid on the table.

Mr. President laid before the Senate the following communication from George F. Salle.

TUSKALOOSA, Nov. 6, 1827.

To the Hon. The President of the Senate of the State of Alabama.-- Sir, I had the honor of addressing you a few days since a letter containing charges against Abner S. Lipscomb, Judge of the first Judicial circuit of this State, which I am informed has been laid over to some future day. Upon further reflection as to the course to be pursued in a matter of so high importance to this State and to the distinguished individual implicated I am sensible that I was premature in bringing the subject in the first instance before the Senate. I shall be prepared in the course of to-morrow or next day to bring the matter formally and constitutionally


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before the House of Representatives. I therefore with permission beg leave to withdraw the said letter with the highest respect.

(Signed)     GEORGE F. SALLE.

Mr. Jackson moved to reconsider the vote of the Senate ordering the letter from George F. Salle, prefering charges against the Hon. A. S. Lipscomb, to be laid on the table till to-morrow which was carried.

Ordered that Mr. Salle have leave according to his request to withdraw his letter containing charges against Judge Lipscomb.

A message was received from the House of Representatives by Mr. Tunstall their clerk, inviting the Senate to assemble in the Representatives Hall for the purpose of going into certain elections according to a previous resolution of the two Houses. Whereupon the members of the Senate repaired to the Hall of the House of Representatives, and having taken their seats Mr. President arose and announced the object of the meeting- when the two Houses proceeded to the election of a State Printer Messrs. Grantland & Robinson and Dugald McFarlane, 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, Moor, 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, Weisinger, 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, Perry, 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 McConnel 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, 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, Weisinger, 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 Nimrod E. Benson are, Mr. President, Ashe, Barton, Brown, Casey, Crabb, Earle, Evans, Hubbard, Irwin, Jones, McCamy, 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, Duke, Ellis, Edmondson, Forrest, Greening, Harris, Higgins, Jack, Lawler, Lewis, Martin, McVay of Laud. McVay of Laud. 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, Weisinger, Wiggins, 79. Nimrod E. Benson having received a majority of votes, Mr. Speaker


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

Alexander McColl 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, 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. 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, Weisinger, Wiggins- 79.

Thomas Owens 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, Weisinger, 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.


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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, Powel, 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, Walthal, Ward, Weisinger, Wiggins- 75.

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

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 to-morrow morning at 10 o'clock.