TUESDAY, Dec. 14, 1819.

The house met pursuant to adjournment.

A message from the Governor by Mr. Pickens: Mr. Speaker, I am instructed by the Governor to inform you that he did on the 13th instant approve and sign the following acts, which originated in this house to-wit:

An act to provide for appointing pilots to pilot boats through the Muscle Shoals of Tennessee river.

A resolution authorizing the Governor to effect a loan from certain banks for the purpose of the state.

A resolution vesting the Governor with the authority to settle the accounts between this state and the state of Mississippi.


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An act affixing salaries to certain officers, within the state of Alabama.

An act providing for the payment of Irby Jones.

An act authorising a lottery for the benefit of the Madison Lodge and Alabama.

An act to incorporate the town of Tuskaloosa.

An act to establish and incorporate the town of Court-land in the county of Lawrence, and

A resolution to obtain the establishment of additional land offices in this State.

Mr. Weedon from the select committee appointed to examine and correct the journals of this house of the 7th instant, made the following report to-wit : that in the 4th page, after the word bill, in the 3rd line the following amendment should be inserted to-wit: And be if further enacted, that it shall be the duty of the sheriffs of the counties throughout the state respectively, whenever any execution shall be placed in their hands, forthwith, to proceed to levy the same, and make sale of the property thus levied on, in such time as by law directed, and shall pay the amount obtained by such sale to the party or parties entitled to the same, on the application of the party or parties, within ten days thereafter, under the penalty of 6 per centum per month for every month such sheriff shall fail to pay over such money collected as aforesaid. And be it enacted, that it shall be the duty of sheriffs to return all executions, which have not been levied or on which the money has not been made, to the office of the clerk of court from which such execution may have been issued, by the 1st day of the term next succeeding the term from which such execution may have been issued. And be it further enacted, that when any sheriff shall fail to perform the duties by this act required the person or persons aggrieved may move against such delinquent sheriff and have judgment entered against such sheriff and his securities in office, for the amount he has failed to pay over as aforesaid, or for failing to return the execution, in manner above directed in the court from which such


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execution has issued, upon giving three days notice of such motion of such delinquent sheriff or his securities in office, provided however, that time may be given to such delinquent sheriff to make his defense upon good cause shewn to the court before whom such motion may be made.

In the same page, after inserting the ayes and noes in the amendment, the following has been omitted, which should be inserted to-wit : Mr. Perkins moved to transpose said amendment so as to add it after the 15th instead of between the 14th and 15th sections, which was carried in the affirmative. Mr. Weedon moved to strike out the word forthwith in the first section of the amendment, which was carried in the affirmative, when Mr. Vaughan moved to strike out the 15th section, which was decided in the negative. On motion of Mr. Everett, ordered that the clerk correct the same.

On motion of Mr. Everett, ordered that Mr. Owen be added to the committee of enrolled bills.

The house proceeded to the consideration of the resolution authorizing Daniel Rather to sell certain furniture, which was read the third time and passed. Ordered, that the same be sent to the senate for their concurrence.

Mr. Walker moved the adoption of the following resolution with its preamble We the representatives of the people of the state of Alabama, sensible of our dependence of Almighty God, the great author of every good, and of the many and distinguished favours which have been bountifully bestowed on the inhabitants of our infant state, and deeming it a solemn duty at all times to acknowledge our obligations to him in whose hand is the destiny of nations, and to whom we are indebted for every blessing; and to implore the continuance of his fatherly and kind protection Do resolve and it is hereby resolved, by the senate and house of representatives of the state of Alabama, in General Assembly convened, that his excellency the Governor, be requested to recommend by proclamation, to the minis-


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ters of the gospel, and to the people of this state, to assemble at their respective places of public worship, on the second Thursday of February next, for the purpose of uniting in such manner as they may deem, meet, in humbling themselves in the presence of the Ruler of the Universe, in asking forgiveness for past transgressions, in returning thanks for the inestimable privileges and peculiar blessing they enjoy, and for the many favors they have received, and in beseeching the farther of mercy to be pleased to continue his fostering care and kind protection of our land and nation.

Mr. Birney moved that this house rescind the resolution, prohibiting the receiving of new matter in this house, which was decided in the negative. Mr. Birney moved that said resolution be suspended until tomorrow night, which was decided in the affirmative - when the resolution introduced by Mr. Walker, was read the first time, and four fifths of the house concurring, and said resolution was read a second and third time forthwith and passed. Ordered, that the same be sent to the senate for their concurrence.

Mr. Perkins moved that this house reconsider the vote taken on rescinding the resolution preventing new matters being introduced into this house, which decided in the affirmative. On motion of Mr. Owen, ordered that said resolution continue in force.

A message from the senate by Mr. Chambers: Mr. Speaker - The senate have agreed to the amendment made by your honorable body, to an act to extend the corporation of the town of Huntsville in Madison county, originative in the senate.

The house passed an act to alter and amend the laws regulating the admission and practice of counsellors and attornies at law.

An act to regulate property contracts, an act to establish a certain public road therein named and an act to authorise the administratrix and administrators of James Hartgrove deceased to sell a certain quarter section of land, all originating in your honorable body.


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The senate have receded from their amendments, to an act for the encouragement of killing and destroying of wolves and panthers, originating in your hon. body.

Also the following message by Mr. Chambers: Mr. Speaker, the senate have passed a resolution regulating the manner of electing justices of the county courts, in which they desire you to agree.

The house then proceeded to the consideration of a resolution sent from the senate, regulating the manner of electing justices of the county courts, which was read the first time, and four fifths of the house concurring, the rule was dispensed with, and said resolution was read the second and third time forthwith and passed. Ordered that the same be returned to the senate informing them thereof.

On motion of Mr. Birney, resolved, that the senate be informed, that the house of representatives will be ready this evening at 3 o'clock precisely, to proceed to the election of an attorney general, five circuit judges and solicitors, and request their attendance a the aforesaid time, provided that the committee of enrolled bills report the signature of the governor, to a bill regulating the courts of law and equity in this state, previously to said time.

A message for the senate by Mr. Gause- Mr. Speaker, the senate have passed an act, to raise a revenue for the support of government for the year of 1820, which originated in your hon. body, and have amended the same by rider, to which they desire you to agree.

The house proceeded to the consideration of said bill as amended by the senate, which on motion of Mr. Townes was concurred in.

Mr. Moody moved to suspend the resolution, prohibiting new matter being introduced in this house during the present session, which was decided in the negative.

On motion of Mr. John Brown, ordered that this house adjourn until half past 2 o'clock.


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Half past 2 o'clock, the house met agreeable to adjournment. Mr. Vaughan from the committee of enrolled bill, reported that said committee had examined an act, to provide for the organization and discipline of the militia of the state of Alabama, and was instructed to report the same as truly enrolled.

A message for the senate by Mr. Moore: Mr. speaker, the senate have passed a bill prescribing the fees and duties of certain public officers, a bill to alter and amend the laws, regulating public roads. A bill to incorporate the steam boat company of Alabama, to which they desire you to agree.

They have passed the following, originating in your hon. body:

An act to establish the seat of justice of Lauderdale county, with amendments herewith sent, to which they desire you to agree.

An act to appoint additional commissioners to the town of Huntsville, and an act, establishing and regulating patrols, they insist on their amendments made to a bill to suppress duelling.

The house proceeded to the consideration of the bill prescribing the fees and duties of certain public officers, which was read the first time, and four fifths of the house concurring, the rule was dispensed with, and said bill was read a second time forthwith, and made the order of the day for a third reading on tomorrow.

Also the bill to incorporate the steam boat company of Alabama, which was read the first time, and four fifths of the house concurring, the rule was dispensed with, and said bill was read a second time forthwith. Mr. Peters moved that said bill be amended by inserting two additional sections between the first and second, which was decided in the affirmative. Ordered that said bill be made the order of the day, for a third reading on tomorrow; also the amendments proposed by the senate to an act, to establish the seat of justice in Lauderdale county, which on motion of Mr. Byler was disagreed to. Ordered that the senate be informed thereof. Mr.


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Vaughan from the committee of enrolled bills reported that said committee had examined an act, to regulate the proceedings of the courts of law and equity in this state, and was instructed to report the same as truly enrolled.

A message from the senate by Mr. Chambers: Mr. Speaker, the senate have passed a bill to establish and regulate justices courts, to which they desire you to agree.

The house proceeded to the consideration of the bill to alter and amend the laws regulating public roads, which was read the first time, and four fifths of the house concuring, the rule was dispensed with, and said bill was read a second time forthwith.

Mr. Weedon moved, that said bill be amended by striking out the words six dollars, in the last section, and eighth line from the bottom, which was decided in the negative; ordered that the said bill be made the order of the day for a third reading on tomorrow.

A message from the senate by Mr. Garth- Mr. Speaker, the senate have passed a bill to empower religious societies to hold real estate, to which they desire you to agree.

The house again proceeded to the consideration of the amendments made by the senate to an act to suppress duelling, which on motion of Mr. Cleveland, were concurred in.

A message from his excellency the governor by Mr. Pickens: Mr. Speaker, I am instructed by the governor to inform you, that he has this day approved and signed an act, to regulate the proceedings of the courts of law and equity in this state, which originated in your house.

The house then proceeded to the consideration of the bill to establish and regulate justices courts, which was read the first time.

Mr. Perkins moved that said bill lie upon the table, which was decided in the affirmative, the ayes and noes being called for on said question, they were as follows ;


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AYES- Messrs, Speaker, Birney, John Brown, Isaac Brown, Bates, Cleveland, Creagh, Chapman, Coats, Davis, Edmonson, J. Fitzpatrick, Hill, Hardwich, Lamkin, Murrell, Moody, Matterson, McCarley, Perkins, Peters, Thompson, Townes, Taylor, Walker, Weedon and Wellborne, -27.

NOES- Messrs., Byler, Bigham, Dale, Dennis, Dillahunty, Exum, Everitt, P. Fitzpatrick, Harrison, Jones, King, Lee, McBee, Owen, Saffold, Seagrent, Sims, Whitaker, Watts and Winston, -21.

On motion of Mr. Birney, resolved, that notice be given to the senate, that the house of representatives are ready forthwith to proceed to the election of an attorney general, five judges of the circuit court, and solicitors.

The house proceeded to the consideration of the bill to empower religious societies to hold real estate, which was read the first time, and four fifths of the house concuring, the rule was dispensed with, and said bill was read a second time by its title forthwith, ordered that the same be made the order of the day, for a third reading on to-morrow.

Mr. Vaughan from the committee of enrolled bills, reported that said committee had examined an act, to regulate property contracts, and was instructed to report the same as truly enrolled.

The senate being announced, the house of representatives arose to receive them, and repaired to the seats assigned them, when both houses proceeded to the election of an attorney general; Henry Hitchcock, John N. S. Jones, and D. Sullivan, Esqs, being put in nomination for said appointment, the votes were as follows :

Those that voted for Mr. Hitchcock, were

Messrs, President, Chamber, Conner, Garth, Gause, Harwell, Herberth, Hodges, Hogg, Metcalf, Ringold, Sims, Seabury, Terrill, Trotter and Ware, - of the house of representatives, messrs. Speaker, Birney, Gignam, Bates, Cleveland, Creagh, Coats, Carson, Dale, Davis, Dillahunty, Edmonson, Exum, Everitt, J. Fitzpatrick, Hardwick, Lamkin, Lee, Murrill, Moody, McBee, Owen, Perkins, Peters, Saffold, Seargent, Thompson, Townes and Watts, -45.

Those who voted for Mr. Sullivan, were messrs. Farmer; of the house of representatives, messrs. Byler, John Brown, Isaac Brown, Dennis, Hill, King, Matterson, Sims, Taylor, Vaughan, Whitaker, Walker and Winston, -14.

Those who voted for Mr. Jones, were messrs. Hanby, Moore and Rose,-of the house of representatives ,messrs. Chapman, P. Fitzpatrick, Harrison, Jones, McCarley, Weedon and Wellborne -10;

Whereupon, Mr. Speaker declared Henry Hitchcock, Esq. duly elected attorney general to this state.

Both houses then proceeded to the election of a judge to the first circuit of this state, Abner S. Lipscomb and Henry Toulmin, Esqs. being in nomination, the votes were as follows: those who voted for Mr. Lipscomb, were messrs. President, Chambers, Conner, Farmer, Garth, Gause, Hanby, Harwell, Her-


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bert, Hodges, Hogg, Metcalf, Ringold, Rose, Sims, Seabury, Terrill, Trotter, and Ware- of the house of representatives, messrs. Speaker, Birney, Bigham, John Brown, Cleveland, Creagh, Chapman, Coats, Carson, Dale, Dennis, Davis, Dillahunty, Edmonson, Exum, Everitt, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwick, Harrison, Jones, King, Lamkin, Lee, Murrill, Moody, McBee, McCarley, Owen, Perkins, Peters, Saffold, Seargent, Sims, Thomspon, Townes, Taylor, Vaughan, Whitaker, Walker, Wellborne, Watts and Winston, -63.

Those who voted for M. Toulmin were Mr. Moore- of the house of representatives messrs. Byler, I Brown, Matterson and Weedon -5.

Whereupon, Mr. Speaker declared Abner S. Lipscomb, Esq. duly elected judge to the first circuit in this state.

Both houses then proceeded to the election of a judge to the second circuit in this state, Reuben Saffold being in nomination, the votes were as follows: Those who voted for Mr. Saffold, were messrs. President, Chambers Conner, Farmer, Garth, Gause, Hanby, Harwell, Herbert, Hodges, Hogg, Metcalf, Moore, Ringgold, Rose, Sims, Seabury, Terrell, Trotter, Ware- of the house of representatives, messrs. Speaker, Byler, Birney, Bigham, John Brown, Isaac Brown, Bates, Cleveland, Creagh, Chapman, Coats, Conner, Dale, Dennis, Davis, Dillahunty, Edmonson, Exum, Everitt, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwich, Harrison, Jones, King, Lamkin, Lee, Murrill, Moody, Matterson, McCarley, Owen, Perkins, Peters, Seargent, Sims, Thompson, Townes, Taylo,r Vaughan, Whitaker, Walker, Weedon, Wellborne, Wilson, Watts and Winston, -68; whereupon Mr. Speaker declared R. Saffold, Esq. duly elected judge to the second circuit of this state.

Both houses then proceeded to the election of a judge to the third circuit in this state, Henry Y. Webb, Esq. being in nonnation the votes were as follows:

Those who voted for Mr. Web were Messrs. President, Chambers, Conner, Farmer, Garth, Gause, Hanry, Harvell, Herbert, Hodes, Hogg, Metcalf, Moore, Ringgold, Rose, Sims, Seabury, Terrell, Ware,- Representatives. messrs. Speaker, Byler, Birney, Bingham, John Brown, Isaac Brown, Bates, Clevealand, Creagh, Chapman, Coats,Carson, Dale, Dennis, Davis, Dillahunty, Edmonson, Exum, Everitt, P. Fitzpatrick, J. fitzpatrick, Hill, Hardwich, Harrison, Jones, King, Lamkin, Lee, Murrill, Moody, McBee, Matterson, McCarley, Owen, Perkins, Peters, Saffold, Seargent, Sims, Thompson, Townes, Taylor, Vaughan, Whitaker, Walker, Weedon, Wellborn, Wilson, Watts and Winston, -70. Whereupon Mr. Speaker declared Henry Y. Webb duly elected Judge to the third circuit of this state.

Both houses proceeded to the election of a Judge to the fourth circuit of this state- Richard Ellis, Beverly Hughes, and John McKinley Esq, being in nomination as candidates for said appointment, the votes were as follows: Those who voted for Mr. Ellis were messrs. Herbert, Hodges, Metcalf, Terrell; Of the house of Representatives- Messrs. Bigham, Isaac Brown, Cleveland, Dillahunty, Exum, Everitt, Hill, Lee, McBee, Matterson, McCarley, Saffold, Seargent, Sims, Walker, Wilson, Watts and Winston, -22.

Those who voted for Mr. Hughes were messrs. Garth, Gause, Hanby, Hogg, Moore, Rose. Of the house of representatives- Messrs. Speaker, John Brown, Bates, Carson, Dennis, Davis, P. Fitzpatrick, J. Fitzpatrick, Harrison, Jones, King, Lamkin, Vaughan, Whitaker, Weedon, and Wellborne, -22.

Those who voted for Mr. McKinley were messrs. President, Chambers, Conner, Farmer, Harwell, Ringold, Sims, Seabury, Trotter, Ware. Of the house of representatives, messrs. Edmonson, Hardwich, Murrell, Moody, Owen, Peters, Thompson, Townes, and Taylor, -25.

Nether having a constitutional majority of votes, both houses again proceeded to said election : those who voted for Mr. Ellis wre messrs. Herbert, Hodges, Hogg, Metcalf, Terrell. Of the house of Representatives- messrs. Bingham, Isaac Brown, Cleveland, Dillahunty, Exum, Everett, Hill, Hardwich, Lee, McBee, Matterson, McCarley, Saffold, Sims, Taylor, Walker, Wilson, Watts and Winston, -25. Those who voted for Mr. Hughes were messrs. Garth, Gause, Hanby, Moore, Rose. Of the house


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of Representatives-messrs, Speaker, John Brown, Carson, Dennies, P. Fitzpatrick, Harrison , Jones, King, Lamkin, Vaughan , Whitaker, Weedon, and Wellborne, -19.

Those who voted for Mr. McKinley were messrs President, Chambers, Conner, Farmer, Harwell, Ringold, Sims, Seabury, Trotter, Ware. Of the house of Representatives- messrs. Byler, Birney, Bates, Creagh, Chapman, Coats, Dale, Davis, Edmonson, Murrell, Moody, Owen, Peters, Thompson, and Townes, -25.

Neither candidate having yet a constitutional majority, both houses proceeded a third time to said election. Those who voted for Mr. Ellis were messrs. Herbert, Hodges, Hogg, Metcalf, Rose, Terrell. Of the house of Representatives-messrs. Bigham, John Brown, Isaac Brown, Cleveland, Dennis, Dillahunty, Exum, Everett, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwich, Harrison, Jones, King, Lamkin, Lee, McBee, Matterson, McCarley, Saffold, Seargent, Sims, Whitaker, Weedon, Walker, Wilson, Watts, and Winston -34.

Those who voted for Mr. Hughes were messrs. Hanby and Moore, -2.

Those who voted for Mr. McKenley were messrs. President Chambers, Conner, Farmer, Garth, Gause, Harwell, Ringold, Sims, Seabury, Trotter and Ware. Of the house of Representativesmessrs. Speaker, Byler, Birney, Bates, Creagh, Chapman, Coats, Carson, Dale, Davis, Edmonson, Murrill, Moody, Owen, Peters, Thompson, Townes, Taylor, Vaughan, and Wellborne, -32.

And neither candidate as yet having a constitutional majority, both houses again proceeded to said election.

Those who voted for Mr. Ellis were messrs. Hanby, Herbert, Hodges, Hogg, Metcalf, Moore, Rose, Terrell. Of the house of Representatives messrs. Bigham, John Brown, Isaac Brown, Cleveland, Dennis, Dillahunty Exum, Everitt, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwich, Harrison, Jones, King, Lee, Lamkin, McBee, Matterson, McCarley, Saffold, Seargent, Sims, Taylor, Walker, Weedon, Wilson, Watts and Winston, -37.

Those who voted for Mr. McKinley were messrs. President, Chambers, Conner, Farmer, Garth, Gause, Harwell, Ringold, Sims, Seabury, Trotter, Ware. Of the house of Representatives-messrs Speaker, Byler, Birney Bates, Creagh, Chapman, Coats, Carson, Dale, Dennis, Edmonson, Murrill, Moody, Owen, Peters, Thompson, Townes, Vaughan & Wellborn, -31.

Richard Ellis Esq. having a constitutional majority, Mr. Speaker declared him duly elected Judge to the fourth judicial circuit in this state.

Both houses then proceeded to the election of a Judge to the fifth judicial circuit of this state; Clement C. Clay Esq. being nominated as a proper person to fill that appointment, the votes were as follows: those whose vote for Mr. Clay were messrs. President, Chambers, Conner, Farmer, Garth, Gause, Hanby, Harwell, Herbert, Hodges, Hogg, Metcalf, Moore, Ringgold, Rose, Sims, Seabury, Terrell, Trotter, Ware: Of the house of Representatives: messrs. Speaker, Byler, Bigham, J. Brown, I. Brown, Bates, Cleveland, Creagh Chapman, Coats, Carson, Dale, Dennis, Davis Dillahunty Edmonson Exum Everitt P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwich, Harrison, Jones, King, Lamkin, Lee, Murrell, Moody, McBee, Matterson, McCarley, Owen, Perkins, Peters, Saffold, Seargent, Sims, Thompson, Towns, Taylor, Vaughan, Whitaker, Walker, Wellborne, Wilson, Watts and Winston, -68.

whereupon Mr. Speaker declared C. C. Clay Esq. duly elected Judge to the fifth judicial circuit in this state.


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Both houses then proceeded to the election of a Solicitor to the first judicial circuit of this state- John Gayle esq. being in nomination, the votes were as follow :

Those who voted for Mr. Gayle were messrs. President, Chambers, Conner, Farmer, Garth, Gause, Hanby, Harwell, Herbert, Hodges, Hogg, Metcalf, Moore, Ringold, Rose, Sims, Seabury, Terrell, Trotter, Ware; of the house of Representatives: messrs. Byler, Bigham, John Brown, Isaac Brown, Bates, Cleveland, Creagh, Chapman, Coats, Carson, Dale, Dennis, Davis, Dillahunty, Edmonson, Exum, Everett, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwich, Harrison, Jones, King, Lamkin, Lee, Murrill, Moody, McBee, Matterson, M'Carley, Owen, Peters, Perkins, Saffold, Sargent, Sims, Thompson, Townes, Taylor, Vaughan, Whitaker, Walker, Weedon,Wilson, Watts, Wellborne, & Winston. -69.

Whereupon, Mr. Speaker declared John Gayle, Esq. Duly elected solicitor to the first judicial circuit of this state.

Both houses then proceeded to the election of a solicitor to the third judicial circuit of this state, Constantine Perkins, Esq, and Sion Perry, Esq. being in nomination, as candidates for said appointment, the votes were as follows:

Those who voted for Mr. Perkins, were Messrs. President, Chambers, Farmer, Garth, Gause, Hanby, Harwell, Moore, Seabury, Trotter- of the house of representatives, Messrs. Speaker, Byler, Bigham, J. Brown, Bates, Cleveland, Creagh, Chapman, Carson, Dale, Dennis, Davis, Dillahunty, Edmunson, Exum, Everitt, Hardwich, Jones, Lamkin, Lee, Murrill, Moody, McBee, Owen, Perkins, Peters, Saffold, Sims, Thompson, Townes, Whitaker, Walker, Weedon and Wellborne, -44.

Those who voted for Mr. Perry, were:

Messrs. Conner, Herbert, Hodges, Hogg, Metcalf, Ringold, Sims, Terrill, Ware- of the house of representatives. messrs Isaac Brown, Coats, P. Fitzpatrick, Hill, Harrison, King, Matterson, McCarley, Seargent, Taylor, Vaughan, Wilson and Watts, -22. Whereupon Mr. Speaker declared Mr. C. Perkins, duly elected solicitor to the third judicial circuit of this state.

Both houses then proceeded to the election of a solicitor to the fourth judicial circuit. Peter Martin, Esq. being nominated, the votes were as follows:

For Mr. P. Martin, messrs. President, Chambers, Conner, Farmer, Gause, Hanby, Harwell, Herbert, Hodges, Hogg, Metcalf, Moore, Ringold, Rose, Sims, Seabury, Terrill, Trotter, Ware- of the house of representatives, messrs. Speaker, Byler, Birney, Bigham, John Brown, I. Brown, Bates, Cleveland, Creagh, Chapman, Coats, Conner, Watts, Davis, Dillahunty, Edmonson, Exum, Everitt, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwick, Harrison, Jones, King, Lamkin, Lee, Murrill, Moody, McBee, Matterson, McCarley, Owen, Perkins, Peters, Saffold, Seargent, Sims, Thompson, Townes, Taylor, Vaughan, Whitaker, Walker, Weedon, Wellborne, Wilson, Watts and Winston, -69. Whereupon Mr. Speaker declared Peter Martin, Esq. duly elected solicitor to the fourth judicial circuit of this state.

Both houses then proceeded to the election of a solicitor to the fifth judicial circuit of this state, James W. McClung, Poladore Nayler and Jas. Eastland, Esqs.


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being in nomination, the votes were as follows :

Those who voted for McClung, were Messrs. Chambers, Garth, Harwell, Ringgold, Trotter- of the house of representatives, messrs. Bates, Creagh, Coats, Carson, Davis, Edmonson, Murill, Perkins, Peters, Thompson and Townes, -16.

Those who voted for Mr. Naylor, were Messrs President, Conner, Farmer, Hodges, Hogg, Metcalf, Sims, Terrill, Ware; of the house of representatives, messrs. Dale, Dillahunty, Exum, Everitt, Hill, Harwich, Sims, Taylor, Vaughan, Wilson, Watts and Winston, -21.

Those who voted for Mr. Eastland, were Messrs Gause, Hanby, Herbert, Moore, Rose, Seabury- of the house of representatives, messrs Speaker, Byler, Birney, Bigham, John Brown, Isaac Brown, Cleveland, Chapman, Dennis, P. Fitzpatrick, J. Fitzpatrick, Harrison, Jones, King, Lamkin, Moody, McBee, Matterson, McCarley, Owen, Saffold, Seargent, Whitaker, Walker, Weedon and Wellborne, -32.

Neither candidate having a constitutional majority, both houses proceeded again to said election. Those who voted for Mr. McClung, were M. Garth- of the house of representatives, messrs. Creagh, Edmundson, Murrill, Perkins, Peters and Thompson, -8.

Those who voted for Mr. Naylor, were Messrs. President, Chambers, Conner, Farmer, Hodges, Metcalf, Ringgold, Sims, Terrill, Trotter, Ware- of the house of representatives, messr. Bates, Dale, Dillahunty, Exum, Everitt, Hill, Hardwich, Sims, Taylor, Vaughan, Wilson,Watts and Winston -23.

Those who voted for Mr. Eastland, were Messrs. Gause, Hanby, Herbert, Hogg, Moore, Rose, Seabury- of the house of representatives, messrs. Speaker, Byler, Birney, Bigham, John Brown, I Brown, Cleveland, Chapman, Coats, Davis, P. Fitzpatrick, J. Fitzpatrick, Harrison, Jones, King, Lamkin, Lee, Moody, McBee, Matterson, McCarley, Owen, Saffold, Seargent, Townes, Whitaker, Walker, Weedon and Wellborne, -36 Whereupon Mr. Speaker declared James Eastland, Esq, duly elected solicitor to the fifth judicial circuit in this state, and the senate withdrew.

On motion, ordered that this house adjourn until to-morrow 9 o'clock.