Thursday, October 28, 1819

The house met pursuant to adjournment.

A message from the senate by their secretary - Mr. Speaker and gentlemen of the house of representatives: The senate concur in the resolution adopted by your honorable body, proposing the appointment of a committee for the purpose of contracting for the printing of the laws and journals of the General Assembly together with such printing as may be required, and have appointed messrs. Gause and Rose, for that purpose on their part.

They also concur in the resolution of your honorable


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body, proposing the appointment of a committee for the purpose of examining and reporting the most convenient and eligible rooms that can be obtained for the accommodation of both houses of the General Assembly, as well as the terms on which such rooms can be had, and have appointed messrs. Terrell and Sims, on their part for that purpose to act with gentlemen appointed by your honorable body.

Further, the senate have adopted the following resolution, in which they desire your concurrence.

Resolved, that five members be appointed on the part of the senate to act with such gentlemen as may be appointed on the part of the house of representatives, as a committee of finance, and have appointed on their part for that purpose messrs. Farmer, Trotter, Rose, Moore and Chambers.

They have also adopted the following resolution, in which they likewise desire your concurrence.

Resolved, that a committee of enrolled bills to consist of three members be appointed to act jointly with such committee as may be appointed by the house of representatives, have appointed messrs. Moore, Rose and Ware, on their part for that purpose.

The senate have also adopted the following resolution, in which they desire your concurrence.

Resolved by the senate and house of representatives, that in all elections by the General Assembly, the members of both houses will assemble in the representative chamber, and that the names of the members of each house shall be called by their respective clerks, and the votes noted by the president of the senate and speaker of the house of representatives, whereupon the speaker shall announce the result; and then he withdraw.

On motion of Mr. Owen, resolved, that this house do now take up the resolution of the senate respecting elections by the General Assembly, of senators to Congress, and that the rest of the resolutions first received from the senate do lie on the table.

On motion of Mr. Chapman, resolved, that this house


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disagree to the resolution of the senate respecting the election of senators to Congress of the United States.

On motion of Mr. Chapman, resolved by the senate and house of representatives of the state of Alabama, in General assembly convened, that in all elections by the General Assembly, the votes shall be given for one election only at the same time, and that the majority of the whole number of votes shall be necessary to a choice; that the members of both houses will assemble in the representative chamber, and that the names of the members of each house, shall be called by their respective clerks -- Whereupon the president of the senate, and speaker of the house of representatives shall ascertain the result which shall be announced by the speaker of the house of representatives.

Mr. Cleveland from the committee of privileges and elections, made the following report to wit :

The committee of elections to whom was referred the credentials and other evidence of the members returned in the house of representatives, having attended to the duties assigned them, do report that the following members were duly elected to wit:

From the county of Autauga,

Philips Fitzpatrick and Charles A. Dennis

From the county of Blount

John Brown, Isaac Brown and Benjamin Mattison

From the county of Cahawba,

Jonathan Jones

From the county of Clarke,

William Murrell and G. W. Creagh

From the county of Cotaco,

Melcijah Vaughn and John McCarley

From the county of Dallas

Edwin D. King and James Saffold

From the county of Franklin,

Temple Sergent and Anthony Winston

From the county of Lauderdale,

Thomas Gerrard and Jacob Byler


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From the county of Limestone

Nicholas Davis, James W. Exum and Wm Whittaker.

From the county of Marion,

Silas McBee

From the county of Madison,

Samuel Walker, Epps Moody, James G. Birney, Samuel Chapman, Griffin Lamkin, John L. Townes, Frederick Weedon and Isaac Wellbourn.

From the county of Monroe,

James Dellet, Wm. Bates, Pascal Harrison, George W. Owen and Samuel Dale.

From the county of Montgomery,

John Edmundson, Larkin Cleveland and Joseph Fitzpatrick.

From the county of Lawrence,

Lewis Dillahunty and Samuel Bigham.

From the county of St. Clair,

James Hardwick.

From the county of Tuscaloosa,

James Hill, Hardin Perkins and Julius Sims.

From the county of Washington.

John F. Everett and James Thompson.

From the county of Baldwin,

Thomas Carson

Your committee beg leave further to report that William Lee who has taken his seat as a member from the county of Conecuh, has stated to your committee that he neglected to procure his credentials from the sheriff of the county, under the impression that the sheriff would make a return of his election to the secretary of state; that since his arrival he has been informed that no return has been received at the office of the secretary of the state from the county of Conecuh.

Your committee have received the certificate of Thomas Watts a member from said county stating that he was at the court house in the county of Conecuh when the votes for members of the house of representatives were counted out, and that the said William Lee was


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elected. He further certifies that he was informed by the sheriff of said county that he (the sheriff) had forwarded the certificate of the election of Mr. Lee to the secretary of state.

The committee from this evidence, are of opinion that the said Wm. Lee, is duly elected a member of this house from the county of Conecuh, and that he is entitled to a seat, which on motion of Mr. Fitzpatrick (of Autauga) was received and agreed to.

Mr. Birney from the committee to whom was referred the petition of sundry inhabitants of the town of Triana, reported a bill to establish and incorporate said town, which being read the first time, was on motion of Mr. Everitt made the order of the day, for it second reading on to-morrow.

Mr. Perkins gave notice that on Saturday, the 30th inst. he would ask leave to present a bill to incorporate the citizens of the town of Tuscaloosa, in the county of Tuscaloosa, of this state.

Mr. Birney obtained leave to bring in a bill to amend an act, entitled an act, for the government of gin-holders, whereupon , messrs. Birney, Saffold, and Winston, were appointed a committee, to bring in the above bill.

Mr. Everitt presented the petition of James C. Gamble, praying a law authorizing the sale of a lot, for the purpose of partition, whereon, on motion it was referred to a select committee, consisting of messrs. Owen, Everett and Townes.

On motion of Mr. Townes, it is ordered, that the clerk take the oath prescribed by the rules of order and decorum for this house, which was done as directed by said rules.

Mr. Everett presented the petition of Thomas Easton, praying an allowance for extra printing done during the two first sessions of the Alabama territory. Where-upon on motion it was referred to the committee of accounts.

Mr. Chapman moved that hereafter it be the order


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of this house in presenting petitions that the contents merely be stated, which was decided in the negative.

A message from the senate, by Mr. Garth.

Mr. speaker and gentlemen of the house of representatives,

The senate agree in the amendment proposed by your Hon. body to their resolution on the subject of elections, by the general assembly of the state of Alabama, and then he withdrew.

Mr. Walker presented the petition of sundry inhabitants of Madison, Blount and Cotaco counties praying that William Bradley and Isom Bradley be invested with full power to establish a turnpike from Ditto's landing, to the head waters of the Black Warrior.

Whereupon, on motion, it is ordered to lie on the table.

Mr. Weedon presented the petition of sundry persons praying that if a turnpike be granted from Ditto's landing to the Falls of Tuscaloosa, that it may be granted to George and James McWhorter, whereupon, on motion it was ordered to lie on the table.

On motion of Mr. Birney, resolved, that the committee of enrollments have leave to sit to day, during the sitting of this house.

Mr. Weedon gave notice that on Monday next he would ask leave to bring in a bill to amend an act, entitled an act, against usury, passed 13th February, 1818.

Message from the senate, by Mr. Moore, requesting the speaker of the house of representatives to sign a resolution of the senate, which being done he withdrew.

On motion of Mr. Chapman, resolved, that this house send a message to the senate, informing them that the house of representatives are ready to go into the election of senators, to the congress of the United States. The senate convened in the house of representatives, for the purpose of conducting the election for two senators to congress, and on the first ballotting, the votes were as follows, viz.


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For Wm. R. King, Esq.- Mr. President, Casey, Conner, Chambers, Farmer, Gause, Harwell, Hogg, Hanby, Herbert, Metcalf, Rose, Trotter, Watkins and Ware.

Representatives, - Mr . Speaker, Byler, Birney, John Brown, Bates, Cleveland, Creagh, Chapman, Carson, Dale, Davis, Dennis, Edmonson, Exum Everitt, P. Fitzpatrick, Garrard, Hill, Hardwick, Harrison, Jonesa King, Lamkin, Lee, Murrell, Moody, Matterson Owen, Saffold, Seargant, Thompson, Towns, Taylor, Vaughn, Whitaker, Walker, Weedon, Wilson, Watts J. Fitzpatrick and Winston, -56.

For John W. Walker, Esq. - messrs. Garth, Hodges, Sims, Terrell, Bigham, Isaac, Brown, Dillahunty, McBee, Perkins, Sims and Wellbourn. -12.

For Thomas D. Crabb, Esq.- G. Moore and McCurley 2.

Second vote.

For John W. Walker, Esq.- Mr. President, Casey, Conner, Chambers, Farmer, Gause, Garth, Harwell, Hogg, Hanby, Herbert, Rose, Sims, Terrell, Trotter, Watkins and Ware.

Representatives, - Mr. Speaker, Birney, John Brown Isaac Brown, Bates, Cleveland, Creagh, Chapman, Carson, Dale, Davis, Edmundson, Exum, Everitt, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwick, Harrison Jones, King, Lamkin, Lee, Murrell, Moody, McBee, Matterson, McCarly, Owen, Perkins, Saffold, Seargant, Sims, Thompson, Towns, Taylor, Whitaker, Walker, Weedon, Wilson, Watts and Winston -- 59.

For Thomas D. Crabb, - messrs. Hodges, Metcalf, Byler, Bigham, Garrard, Vaughan and Wellbourn - 7.

For G. Phillips, messrs. Moore and Dennis -- 2.

For Wm. R. King, Lewis Dillahunty

Whereupon, Mr. Speaker announced that Wm. R .King and John W. Walker, esqrs. were duly elected senators to the Congress of the United States from this state.

On motion of Mr. Davis, resolved, that this house stand adjourned until 3 o'clock P. M.


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3 o'clock P. M. the house met pursuant to adjournment.

Mr. John Coats a member from the county of Marengo, appeared and produced the necessary credentials and took his seat.

On motion of Mr. Owen, ordered, that this house adjourn until to-morrow 10 o'clock A. M.