The house met pursuant to adjournment.
Mr. Murrell of the committee to whom was referred the petition of sundry inhabitants of the town of Coffeeville, in the county of Clarke, praying for a law to be enacted to incorporate said town, reported a bill to incorporate the same- which bill was read the first time.
On motion of Mr. Murrell, ordered that the said bill be made the order of the day for its second reading on tomorrow.
Mr. Speaker presented and read the report of the auditor of public accounts whereupon, on motion, the said report was referred to the committee on accounts.
On motion of Mr. Dillahunty, ordered that the senate be informed that the bill authorizing the administratrix and administrator of Daniel W. Michaux deceased, to sell real estate, and the bill to establish the town of Triana and incorporate its trustees, have been read the third time, and to which they ask their concurrence.
Mr. Byler in conformity to a notice he gave yesterday, asked for and obtained leave to present a bill to establish two precinct elections in the county of Lauderdale, which bill was read the first time.
On motion of Mr. Dillahunty , ordered that the said bill be made the order of the day for its second reading on to-morrow.
Mr. Edmonson gave notice, that on to-morrow he would ask leave to introduce a bill to establish the permanent boundary lines of the county of Montgomery.
On motion of Mr. Vaughan resolved, that the committee of county boundaries &c. be instructed to take into consideration, the lands to which the Indian title has been extinguished, that lies within the limits of the state of Alabama; which has not heretofore been erected into counties.
On motion of Mr. Owen, ordered that the house take up the order of the day on the bill to be entitled an act, prescribing the manner in which the oath of office shall be administered to the Governor of the state and cer-
tain other officers therein named--whereupon the house resolved itself into a committee of the whole, Mr. Birney in the chair, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Birney reported, that the committee of the whole had, according to order had the said bill under consideration, and had made sundry amendments thereto; which being read at the clerks table, were, on motion of Mr. Vaughan, received and agreed to.
On motion of Mr. Everett, said bill as amended, was made the order of the day for its third reading on tomorrow.
Mr. Townes offered the following resolutions: Where-as by the several acts of Congress regulating the appointment of Territorial Judges, the power of such appointments is vested in the President of the United States, by and with the advice and consent of the senate, and whereas, by an act of Congress passed on the 2nd March 1819, authorizing the people of the Alabama Territory, to form a Constitution and state government and for the admission of such state into the Union, on an equal footing with the original states, agreeable to which act the constitution has been formed; which consistent with the provision of said act has to be presented to the Congress of the United States for ratification, and whereas previous to such presentation or ratification by the congress of the United States a vacancy has occurred in the northern judicial circuit by the resignation of the honorable John W. Walker, which vacancy has been filled by the Gov. of the Alabama Territory, under the authority of which appointment courts have been held contrary to the tenor of the laws of Congress, directing the appointment of Judges. Therefore, resolved, that all appointments made by the governor of the Alabama Territory previous to the ratification of the Constitution of the state of Alabama, by the Congress of the United States, contrary to the existing laws of the United States, directing the mode of making appointments, are invalid.
2nd. Resolved, that the Constitution of the state of
Alabama does not extend to the Governor of the territory, the power of making appointments, which the laws of the United States did not give to the Governor of the territory.
3d. Resolved, that the appointment by the Governor of the territory of a judge to fill the vacancy occasioned by the resignation of the honorable John W. Walker previous to the ratification of the constitution of the state of Alabama, by the congress of the United States, is inconsistent with the laws of the United States directing the mode of appointing judges nor is it sanctioned by the constitution of the state of Alabama.
4th. Resolved, that all the official acts of the judge, appointed and commissioned by the Gov. of the Alabama Territory, to fill the vacancy occasioned by the resignation of the honorable John W. Walker, and the courts held by and under the authority of the judge, are inoperative, invalid and void. On motion of Mr. Birney, ordered that said resolutions lie on the table.
Mr .Weedon agreeable to notice given yesterday asked for and
obtained leave to bring in a bill to regulate the rate of interest.
On motion of Mr. Weedon,ordered, that the said bill be the order of the day for to-morrow, for its second reading.
On motion of Mr. Townes, the house adjourned.