Wednesday, December 17.

Mr. Mardis presented the petition of Julius Chamberlain, praying that in consideration of his bodily infirmities, he may be allowed to retail goods without tax, &c.

Mr. Haines presented the petition of Lynn McGee, a half breed Indian, praying that his children may be emancipated.

Mr. Vining presented the petition of Thomas Phillips, praying compensation for a negro man killed, while employed in the service of the state; which were received, read, and severally referred, the first to a select committee, consisting of Messrs. Mardis, Hill of T. and Harrison; the second to a select committee, consisting of Messrs. Haines, Gayle and Hallett; and the latter to the committee of propositions and grievances.

Mr. Hardwick, a member from St. Clair, appeared and took his seat.

Mr. Mead, from the committee on roads, bridges, ferries, &c. to whom was referred the petition of Jonathan Nelson, Reported, That the petitioner asks leave to withdraw his petition; which leave was granted.

Mr. Mead, from the same committee, to whom was referred the petition of sundry inhabitants of Wilcox, Reported, That the prayer of the petition is unreasonable, and ought not to be granted; in which report the House concurred.

Mr. Oliver, from the judiciary committee, to whom was referred

14


106

a bill, to be entitled an act to decide contested elections for Governor, and for other purposes, reported said bill without amendment.

Mr. Moore of J. from the committee on divorce and alimony, to whom was referred the record of he case of Drury Connally against his wife Nancy Connally, in the circuit court of Madison county; and also the record of the case of Jane Kelly against her husband James Kelly, in the circuit court of Autauga county, for divorces, respectively, reported bills of the following titles, to wit:

An act divorcing Drury Connally from Nancy Connally; and

An act divorcing Jane Kelly from her husband James Kelly; which were severally read a first time, and ordered to be read a second time.

Mr. Moore, from the same committee, to whom was referred the record of the circuit court of Madison county, in the case of Samuel Dixon against his wife Deborah Dixon, for a divorce, Reported, That they deem it inexpedient and improper to grant a divorce on said record.

Ordered, That the House concur in said report.

Mr. Moore, from the same committee, to whom was referred the record of Madison circuit court, in the case o Robert Blassingam against Elizabeth Blassingham for a divorce, Reported a bill, to be entitled an act divorcing Robert Blassingam from Elizabeth Blassingham; which was read a first time, and ordered to be read a second time.

Mr. Oliver, from the judiciary committee, to whom was referred the petition of the administrator and widow of George K. Smith, deceased, Reported, That the prayer of the petitioner is unreasonable, and ought not to be granted; in which report the House concurred.

Mr. Oliver, from the same committee, to whom was referred the resolution in relation to making it the duty of the solicitor of the first judicial circuit to attend the county courts of Mobile, Reported, That as there is a bill now in this House embracing that object, they ask to be discharged from the further consideration thereof.

Ordered, That the committee be discharged from the further consideration thereof.

Mr. Miller, from the committee of propositions and grievances, to whom was referred the petition of Thomas Lloyd, reported a bill, to be entitled an act to emancipate certain persons therein named; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Miller, from the same committee to whom was referred the petition of John Boyce, reported, that the prayer of the petition is unreasonable and ought not to be granted.

Ordered, That the House concur in said report.

Mr. Miller from the same committee, to whom was referred the petition of B. S. Brumley; and also the petition of John Ingles, reported, that the prayer contained in said petitions respectively, is unreasonable and ought not to be granted. The former report was then laid on the table, and the House concurred in the latter.

Mr. Fitts, from the joint committee on enrolled bills, reported, that the committee had examined and found correctly enrolled, bill of the following titles, to wit: An act to establish the permanent seat of justice in the county of Shelby; An act to authorize Sally B. Stevens, administra-


107

trix of H. W. Stevens, deceased, to sell real estate; An act to alter the boundary line of Jefferson county; Memorial to Congress on the subject of pre-emption rights; and, Resolutions proposing Gen. Andrew Jackson as a suitable candidate for President of the United States.

Ordered, That Mr. Phillips have leave of absence from this House for three days.

Mr. Fields offered the following resolution: Resolved, That this House will receive no new business after Saturday the 20th inst.

Resolved further, That with the concurrence of the Senate, this House will adjourn sine die on Tuesday the 23d inst.

On motion of Mr. Jackson, Ordered, That said resolutions lie on the table.

Mr. Hallett, from the committee on accounts, reported a bill to be entitled, "An act making appropriations for certain claims against the state; which was read a first time, and ordered to be read a second time.

Mr. Pickett, from the select committee, to whom was referred a resolution directing them to inquire into the expediency of allowing the digest to each of the sheriffs in this state, reported, a bill, to be entitled "An act to allow the several sheriffs of this state, one copy of the digest of the laws of the state of Alabama; which was read a first time, and ordered to be read a second time.

Mr. Lanier obtained leave to introduce a bill, to be entitled "an act to amend the laws now in force in this state, for the punishment of the crime of horse stealing."

Mr. Gayle obtained leave to introduce a bill, to be entitled "an act to authorize Edward Smith, to establish a turnpike road therein mentioned;"

Mr. Moore of J. obtained leave to introduce a bill, to be entitled "An act authorizing the Governor to direct a suit against the Huntsville Bank;"

Mr. Haines obtained leave to introduce a bill, to be entitled "an act to repeal the fifth section of the act entitled an act amendatory to the laws now in force for the relief of insolvent debtors, passed June 16th, 1821; which were severally read a first time, and ordered to be read a second time.

A message was received from the Governor, by Mr. Pleasants, secretary of state; which he delivered in at the Speaker's table, and then he withdrew. The said message was in writing, and is as follows;

Executive Department, Dec. 17th, 1823.

Gentlemen of the Senate and of the House of Representatives,

I have received the resignation of Henry Minor, esq. as a trustee of the University of Alabama.

ISRAEL PICKENS.

Mr. Haines obtained leave to introduce a bill to be entitled, "an act to repeal the 4th and 5th sections of an act, entitled an act to regulate elections, establishing certain precincts, in the counties therein named, and for other purposes, passed December 16th, 1819; which was read a first time and the question being put, shall this bill be read a second time? it was decided in the negative.

Mr. Jackson moved, that this House do now reconsider the vote given on yesterday on the passage of the bill, entitled "An act to divorce Tempy Williams, from her husband George Williams;" which was carried.


108

The question was then put, "shall this bill pass?" and there being a constitutional majority in favor of its passage, it was decided in the affirmative.-- Yeas 35- Nays 9.

Those who voted in the affirmative, are:

Mr. Speaker

Fleming

King

Manly

Perkins

Ashley

Gayle

Lister

Martin

Shotwell

Beck

Goodhue

Moore of Mad.

Miller

Smith

Brown

Hallett

Moore of J.

Oliver

Vining

Barclay

Harvey

Moore of Mar.

Philpott

Whitaker

Crenshaw

Haines

Mardis

Peyton

Weissinger

Dale

Jackson

Mead

Pickett

Young-35

Those who voted in the negative are:

Mr. Dennis

Fluker

Hill of T.

Jones

McLaughlin-9

Fitts

Hill of B.

Harrison

Merriwether

Ordered, That their title be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

A message from the Senate by Mr. Lyon, their secretary:

Mr. Speaker: The Senate disagree to the amendment made by your honorable body to the "Resolution allowing to the solicitor of the first judicial circuit one hundred and fifty dollars in addition to his present salary for extra services performed. by striking out the word "fifty" They concur in the amendments made by your honorable body to said resolution by an additional resolution.

They have passed bills which originated in their House of the following titles, to wit:

An act to repeal in part and amend an act, entitled an act supplementary to an act, to establish a State University, passed Dec. 18th, 1821;

An act to authorize the judge of the county court, and the commissioners of roads and revenue of Mobile county to levy an extra tax for the building a court house and jail in said county;

An act declaring Jackson's creek and Tatillabee creek, in Clarke county public highways;

An act to amend the charter of the Tombeckbe Bank; and,

An act to prevent fraudulent conveyances; in all of which they desire your concurrence.

They have also passed a bill, which originated in your honorable body, entitled. An act to amend an act entitled an act to establish a public road from Ditto's landing to Marston Meads's; and have amended the same by striking out all after the enacting clause and substituting therefor the accompanying section: In which amendment they desire your concurrence.

They have adopted the following resolution: in which they also desire your concurrence: Resolved, That with the concurrence of the House of Representatives the two Houses of the General Assembly will convene in the Representative Hall on this day (the 17th inst. ) at 3 o'clock P. M. for the purpose of electing a state printer and a trustee of the University of Alabama, to supply the vacancy occasioned by the resignation of Henry Minor, esq. and then he withdrew.

Ordered, That this House insist on their amendment to the resolution allowing the solicitor of the first judicial circuit $150 in addition to his present salary for extra services by him performed.

Ordered, That the clerk inform the Senate therewith.

Ordered, That this House concur in the amendment made by the


109

Senate, to the bill, entitled An act to amend an act to establish a public road from Ditto's Landing to Marston Mead's.

Ordered, That the clerk inform the Senate thereof.

Mr. Jackson moved to amend the resolution from the Senate proposing to go into the election of a state printer and trustee at three o'clock this evening, by striking out "three" and inserting "seven," which was carried.

The House then concurred in the resolution of the Senate thus amended.

Ordered, That the Senate be informed thereof.

A bill from the Senate, entitled An act to prevent fraudulent conveyances; was read a first time, and ordered to be read a second time.

A communication was received from the Governor accompanied by sundry documents, by Mr. Pleasants, secretary of state; which he delivered in at the Speaker's table, and then he withdrew.

The said communication was in writing, and is as follows:

Executive Department, December 17, 1823.

Gentlemen of the Senate and of the House of Representatives,

I lay before you the annual report of the board of trustees of the University of Alabama, which they are required by law to make, respecting the "financial situation" of the corporation, accompanying which is a memorial which the board have directed to be presented to the General Assembly. In the two distinct propositions submitted in the memorial.

1st. Recommending a summary mode for enforcing collection of debts and

2d. Proposing an amendment in the law, to allow entries after the next public sale for not less then the minimum price, all concur in their expediency.

In making this communication I feel it incumbent, as an executive duty, to submit to you a few remarks in relation to a most important branch of the trust which is committed to the corporation; and that is, so much as respects the land and its proceeds, granted to the state by Congress for a permanent endowment.

After very fall meditation upon the fourth condition of the act of Congress granting this literary fund, and upon that section of our Constitution confiding its care with the General Assembly as the perpetual guardians for its improvement and its permanency, as well as for its faithful application; I entertain the most confident belief, that the trust is not only most sacred in its character, but also unalienable in the legislature both instruments having very impressively there placed the trust. As regards therefore, this branch of the corporate powers of the trustees, it must be always subordinate to the legislative will, and always liable to such change as the wisdom of the General Assembly may direct, and ought to be regarded as within your peculiar province. This fund being now without investment, and affording a seasonable occasion for interposing your counsels, I have thought it proper to submit the opinion here expressed to prevent any supposed doubt on the subject which might be implied from any former communication.

I am, very respectfully, your most obedient servant,

ISRAEL PICKENS

Cahawba, Dec. 16, 1823

To the honorable the General Assembly of the State of Alabama,

The Board of Trustees have proceeded to offer for sale all the Lands of the University in conformity with the law of last session, except small


110

tracts at such places as might be deemed eligible sites for the location of the University. The report of their secretary a copy of which is here with submitted, will place before you the account of those sales, including the quantity sold, the quantity remaining unsold, the amount of money received, and the amount of bonds for principal and interest, of the installments remaining unpaid. From which report it will be observed, that a large proportion of the lands offered, yet remain unsold- a re-exposure of which will be necessary. To avoid the expense of frequently advertising and attending sales, the Board have thought proper to recommend to your honorable body that a law be enacted authorizing entries to be made of such tracts as do not sell when again offered, under such regulations as may be adopted by the Board; provided that the minimum shall in no case be reduced and that they shall, in other respects, conform to the conditions and restrictions imposed by the existing law. The Board regret that it is not in their power to furnish an account of all dues for rents; same lands having been subsequently rented out by the superintending Trustees, that could not be rented when publicly offered; the returns of which have not yet been received. They will also remark, that of the debts of this description many of those contracted previous to the formation of this Board, are due from persons who are unable to discharge them. To guard more effectually against future losses from this cause, they would respectfully recommend the enactment of such laws as you may deem expedient for the more speedy and certain collection of all debts due on account of the University.

The report of the secretary will acquaint your honorable body fully, with the amount of all disbursements which have been authorized including those which had been authorized by the General Assembly, and such as have been subsequently ordered by the Board since its organization.

The Trustees have yet made up investment of the funds entrusted to them, farther than to require of their agents an exchange of the notes of banks received by them when practicable without loss, for specie or the notes of the Bank of the United States; which has in part been effected, or is in progress, and this yet remains in their hands. The Treasurer has, however, submitted his bond with such security as the Board deemed sufficient and will hereafter afford a safe deposit for the funds of the institution. The Board have in contemplation, previous to their final adjournment, to provide for some permanent secure, and profitable investment of the funds on hand, either in the stocks of the General Government or otherwise, according to law.

Your honorable body must be apprised that it has not been in the power of the Board to make any application of the funds to the construction of the necessary buildings for the University, in consequence of the failure on the part of the Legislature, to select a site at its last session, the propriety or policy of this delay they do not presume to question, and can only add, that they shall at all times hold themselves in readiness and will with pleasure proceed to the discharge of this part of their duty, when it may be deemed expedient by the Legislature to make such selection.

By order of the Board of Trustees of the University of Alabama.

ISRAEL PICKENS, President of the Board.

Ordered, That said communication, with its accompanying documents, be referred to a select committee: Whereupon, Messrs. Oliver, Phillips, Jackson, Harrison, and Mardis, were appointed said committee.

Ordered, That sixty copies be printed for the use of this House.

The House, then proceeded to the consideration of the bill, to be entitled an act to establish the Bank of the State of Alabama; said bill being on its third reading.


111

Mr. Jackson moved the adoption of the following amendment, by way of rider, at the end of the 23d section:

"And it shall require a majority of the whole number of votes given to make such location;" which was adopted.

And the question being put, Shall this bill pass? it was decided in the affirmative -Yeas 50, Nays 7.

The yeas and nays being called for, those who voted in the affirmative, are:

Mr. Speaker Fitts Haines Mardis Salter
Ashley Fluker King McLaughlin Sims
Beck Fleming Lister Miller Shotwell
Brown Gayle Lanier Oliver Sargent
Barclay Goodhue McConnico Phillips Skinner
Crenshaw Harvey Merriwether Philpott Smith
Dale Hallett McLemore Powell Tindall
Creagh Hill of T. Moore of J. Peyton Vining
Dennis Hill of B. Moore of Mad. Pickett Whitaker
Fields Harrison Moore of Mar. Perkins Weissinger-50

Those who voted in the negative, are:

Mr. Jackson

McVay

Manly

Young-7

Jones

Mead

Martin

Ordered, That the clerk acquaint the Senate therewith.

A communication from the Governor by Mr. Pleasants, secretary of state, notifying this House that the Governor did on this day, approve and sign.

An act to appoint commissioners for the counties of Perry and Marengo to sell and convey town lots, at the towns of Marion and Linden, the seats of justice thereof, and to erect public buildings in the same; An act to alter and amend the existing laws respecting strays; An act providing for contesting the elections of Justices of the Peace and Constables; An act supplementary to the laws respecting garnishment; An act for the relief of Cynthia Johnston: An act to change the time of holding the county courts in Bibb and Pickens counties; An act to amend an act, entitled an act for the government of the port and harbor of Mobile, passed 23d Dec. 1822; and, An act to establish the seat of justice in the county of Pike and for other purposes. All of which originated in the House of Representatives.

And then the House adjourned till 3 o'clock this evening.

Evenings, 3 o'clock.

Engrossed bills from the Senate, of the following titles, to wit:

An act to repeal in part and amend an act, entitled an act supplementary to an act to establish a State University, passed December 18, 1821;

An act to amend the charter of the Tombeckbe Bank;

An act to authorize the judge of the county court and commissioners of roads and revenue of Mobile county, to levy an extra tax for the building a court house and jail in said county; and

An act to allow Henry Hitchcock compensation for superintending the printing the Digest, and making the index for the same; where severally read the first time, and ordered to be read a second time.

Bill from the Senate, entitled an act declaring Jackson's Creek and Tatillabee Creek in Clarke county, public highways, was read a first time, and the question being put, Shall this bill be read a second time? it was decided in the negative.

A bill, to be entitled an act to decide contested elections for Governor, was read a second time.


112

Ordered, That said bill lie on the table.

Message from the Senate by Mr. Lyon, their secretary:

Mr. Speaker-- The Senate concur in the amendment made by your honorable body, to the resolution proposing to go into the election of a state printer and a trustee of the University this evening at three o'clock by striking out "three" and inserting "seven"

They recede from their disagreement to the amendment made by your honorable body to the resolution allowing the solicitor of the first judicial circuit $150 in addition to his present salary, for extra services performed by striking out the word "fifty"

They have passed a bill, originating in their House, entitled an act to allow Henry Hitchcock compensation for superintending the printing of the Digest, and making an index for the same: in which they desire your concurrence. And then he withdrew.

On motion of Mr. Phillips, the House took into consideration the bill, entitled an act to establish regular justices' courts in this state; which was read a third time.

Mr. Fluker moved, that the further consideration of said bill be indefinitely postponed; which was lost.

Yeas 21.     Nays 36.

The yeas & nays being called for, those who voted in the affirmative are:

Mr. Speaker

Hill of T.

Merriwether

Manly

Young-21

Fluker

Harrison

McVay

Martin

Fleming

Jackson

Moore of J.

Perkins
 

Gayle

Jones

Moore of Mar.

Sims
 

Goodhue

McConnico

Mardis

Tindall
 

Those who voted in the negative, are:

Mr. Ashley

Fields

Lanier

Philpott

Smith

Beck

Fitts

McLemore

Powell

Vining

Brown

Hallett

Moore of Mad.

Peyton

Whitaker

Barclay

Harvey

Mead

Pickett

Weissinger-36

Crenshaw

Hill of B.

McLaughlin

Salter

Creagh

Haines

Miller

Shotwell
 

Dale

King

Oliver

Sargent
 

Dennis

Lister

Phillips

Skinner
 

Mr. Moore, of Jackson, moved the adoption of the following section, by way of engrossed rider: "And be it further enacted, that nothing in this act shall be so construed as to prevent either party from appealing from the court hereby established to the county or circuit court under the same rule and restrictions that govern appeals from justices of the peace, to said courts;" which amendment was adopted-- Yeas 29, Nays 28.

The yeas & nays being called for those who voted in the affirmative, are:

Mr. Speaker

Gayle

Jackson

Moore, of Mar.

Perkins

Barclay

Goodhue

Jones

Mardis

Tindall

Creagh

Hallett

McConnico

Mead

Whitaker

Dale

Hill, of T.

Merriwether

Manley

Martin

Fluker

Hill of Bibb

McVay

Philpott

Young-29

Fleming

Harrison

Moore, of J.

Sims

Those who voted in the negative are:

Mr. Ashley

Fitts

McLemore

Powell

Skinner

Beck

Harvey

Moore, of Mad.

Peyton

Smith

Brown

Haines

McLaughlin

Pickett

Vining

Crenshaw

King

Miller

Salter

Weissinger-28

Dennis

Lister

Oliver

Shotwell

Fields

Lanier

Phillips

Sargent
 

The question being put, shall this bill pass? it was decided in the affirmative-- Yeas 32, Nays 25.


113

The yeas & nays being called for, those who voted in the affirmative, are:

Mr. Ashley

Dennis

Lister

Philpott

Skinner

Beck

Fields

Lanier

Powell

Smith

Brown

Fitts

McLemore

Peyton

Vining

Barclay

Harvey

Moore of Mad.

Pickett

Weissinger-32

Crenshaw

Hill of T.

McLaughlin

Salter

Creagh

Haines

Oliver

Shotwell
 

Dale

King

Phillips

Sargent
 

Those who voted in the negative are:

Mr. Speaker

Hallett

Mardis

Moore, of J.

Perkins

Fluker

Hill of T.

Mead

Moore, of Mar.

Sims

Fleming

Harrison

McConnico

Manly

Tindall

Gayle

Jackson

Merriwether

Martin

Whitaker

Goodhue

Jones

McVay

Miller

Young-25

Ordered, That the clerk acquaint the Senate therewith.

A communication was received from the Governor, by Mr. Pleasants, secretary of state; which he delivered at the speaker's table, and then he withdrew. Said communication was in writing and is as follows:

Executive Department, Dec. 17, 1823.

Gentlemen of the Senate and of the House of Representatives,

In conformity with a joint resolution, passed on the 31st day of Dec. 1822, requesting the Governor of this state to procure for the use of the General Assembly, a map of this state, &c. I have employed Ferdinand Sannoner of Florence, who has acted as a draftsman in the office of the Surveyor General, to prepare a Map of the description set forth in the said resolution . The Map has accordingly been furnished, and is in the Executive office, for the use and inspection of the General Assembly.

A portion of the materials for completion of the Map was not obtained by Mr. Sannoner in time to enable him to do full justice to the work. He proposes furnishing a perfect Map, on the same scale with the present one for the state at next session, in lieu of the present one.

No price was specified in the engagement with Mr. Sanonner. He consented to leave this question to the liberality of the General Assembly, In estimating the value of this work, I am confident you will do him full justice.

Your most obedient,

ISRAEL PICKENS.

Ordered, That said communication he referred to a select committee, consisting of Messrs. Jackson, Phillips and Pickett.

The House then adjourned till 7 o'clock this evening.

Evening 7 o'clock.

On motion of Mr. Young, Resolved, That a message be sent to the Senate, informing them that this House is now ready to receive them into the west end of the Representative Hall, for the purpose of going into the election of a state printer and a trustee of the University for the 5th judicial circuit.

Ordered, That the clerk acquaint the Senate therewith.

The Senate having repaired to the hall of the House of Representatives, that two Houses proceeded to the election of a state printer for the ensuing year.

William B. Allen and Jonathan Battelle being in nomination the votes were:

For Mr. Allen, 58.

For Mr. Battelle, 14.

The Speaker thereupon declared Mr. Allen duly elected state printer for the ensuing year.

15


114

Those who voted for Mr. Allen are:

Mr. Casey

Wood

Gayle

McLemore

Salter

Coats

Mr. Speaker

Goodhue

McVay

Sims

Conner

Ashley

Harvey

Moore of Mad.

Shotwell

Crabb

Beck

Hill of T.

Moore of J.

Sargent

Devereux

Brown

Hill of B.

Moore of Mar.

Skinner

McCamy

Barclay

Harrison

McLaughlin

Tindall

Metcalf

Crenshaw

Hardwick

Manly

Vining

Moore

Creagh

King

Phillips

Whitaker

Murphy

Dale

Lister

Philpott

Weissinger

McVay

Dennis

Lanier

Powell

Young-58

Smith

Fields

McConnico

Peyton

Sullivan

Fluker

Merriwether

Pickett
 

Those who voted for Mr. Battelle, are:

Mr. President

Fitts

Jackson

Mead

Perkins

Armstrong

Fleming

Jones

Miller

Smith-14

Hopkins

Hallett

Mardis

Oliver

The two Houses then proceeded to the election of a trustee of the University of Alabama, for the fifth judicial circuit, to fill the vacancy created by the resignation of Henry Minor, Esquire.

David Moore, Isaac Jackson, John M . Taylor, and Francis Dancy, Esquires, being in nomination, the votes were,

For Mr. Moore, 29.

For Mr. Jackson, 18.

For Mr. Taylor, 9.

For Mr. Dancy, 18.

Those who voted for Mr. Moore, are:

Mr. President

Hopkins

Creagh

Merriwether

Shotwell

Armstrong

McCamy

Dale

Moore of Mar.

Sargent

Casey

Murphy

Fluker

Mardis

Skinner

Coats

Shackleford

Fleming

Mead

Smith

Conner

Smith

Hallett

Oliver

Young-29

Devereux

Crenshaw

Jones

Phillips

Those who voted for Mr. Jackson, are:

Mr. Speaker

Fields

McConnico

Miller

Vining

Ashley

Hardwick

McLemore

Peyton

Whitaker-18

Beck

King

Moore of Mad.

Pickett

Dennis

Lanier

McLaughlin

Salter
 

Those who voted for Mr. Taylor, are:

Mr. Powell

Wood

Gayle

Moore of J.

Weissinger-9

Sullivan

Barclay

Harrison

Sims

Those who voted for Mr. Dancy, are:

Mr. Crabb

Fitts

Hill of B.

Manly

Perkins

Metcalf

Goodhue

Jackson

Martin

Tindall-18

McVay

Harvey

Lister

Philpott

Brown

Hill of T.

McVay

Powell
 

No one having a constitutional majority the two Houses again proceeded to the election of a trustee as aforesaid.

David Moore, Francis Dancy, and Isaac Jackson, Esquires, being in nomination, the votes were,

For Mr. Moore, 35

For Mr. Dancy, 24.

For Mr. Jackson, 15.

Those who voted for Mr. Moore, are:

Mr. President

McCamy

Creagh

Moore of Mad.

Shotwell

Armstrong

Murphy

Dale

Moore of Mar.

Sargent

Casey

Powell

Fluker

Mardis

Skinner

Coats

Shackleford

Fleming

Mead

Smith

Conner

Sullivan

Hallett

McLaughlin

Vining

Devereux

Barclay

Jones

Oliver

Weissinger

Hopkins

Crenshaw

Merriwether

Phillips

Young-35


115

Those who voted for Mr. Dancy, are:

Mr. Crabb

Fitts

Hill of B.

Moore, of J.

Perkins

Metcalf

Gayle

Harrison

Manly

Sims

McVay

Goodhue

Jackson

Martin

Tindall

Wood

Harvey

Lister

Philpott

Whitaker-24

Brown

Hill of T.

McVay

Powell

Those who voted for Mr. Jackson, are:

Mr. Smith

Beck

King

McLemore

Picket

Mr. Speaker

Dennis

Lanier

Miller

Salter-15

Ashley

Fields

Hardwick

McConnico

Peyton

No person having a constitutional majority, the two Houses again proceeded to the election of said trustee.

David Moore and Francis Dancy, Esquires, being in nomination, the votes were,

For Mr. Moore, 44.

For Mr. Dancy, 30.

Mr. Moore having a constitutional majority, the Speaker declared him duly elected a trustee of the University of Alabama, for the fifth judicial circuit, for the legal term.

Those who voted for Mr. Moore, are:

Mr. President

Powell

Dale

Merriwether

Salter

Armstrong

Shackleford

Fields

Moore of Mad.

Shotwell

Casey

Smith

Fluker

Mardis

Sargent

Coats

Sullivan

Fleming

Mead

Skinner

Conner

Mr. Speaker

Hallett

McLaughlin

Smith

Devereux

Ashley

Hardwick

Miller

Vining

Hopkins

Barclay

Jones

Oliver

Weissinger

McCamy

Crenshaw

King

Phillips

Young-44

Murphy

Creagh

McConnico

Peyton

Those who voted for Mr. Dancy, are:

Mr. Crabb

Dennis

Hill of B.

McVay

Powell

Metcalf

Fitts

Harrison

Moore of J.

Pickett

McVay

Gayle

Jackson

Moore of Mar.

Perkins

Wood

Goodhue

Lister

Manly

Sims

Beck

Harvey

Lanier

Martin

Tindall

Brown

Hill of T.

McLemore

Philpott

Whitaker-30

And then the Senate withdrew.

And then the House adjourned till to-morrow morning, 10 o'clock.