Friday, December 19.

Ordered, That Mr. Perkins be added to the joint committee appointed on the part of this House, upon, and to whom was referred the memorial of Edward G. Terrell and John D. Terrell.

Ordered, That Mr. Goodhue be added to the committee on inland navigation.

Mr. Shotwell presented the petition of John Massey, sheriff of St. Clair and administrator of Solomon Brigman; also the petition of Richard Dearmon, executor of Solomon Dearmon, praying both of them, that they may be authorized to sell the real estate of the intestate and testator; which were received and referred to the judiciary committee.

Mr. Perkins laid before the House sundry accounts; which were received and referred to the committee on accounts.

Mr. Barclay presented the accounts of sundry people; which were received and referred to the committee on accounts.

Mr. Jones offered the following resolution; Resolved, That this House will not receive any new business after Tuesday next.

Ordered, That said resolution lie on the table.

Mr. Moore of Mad. presented the petition of William Blake, praying that he may be allowed to emancipate his negro man named Jacob; which was received and referred to a select committee consisting of Messrs. Moore of Mad. King and Vining.

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122

Mr. Haines, from the select committee, to whom was referred the petition of Lynn McGee, reported a bill, to be entitled an act to emancipate the persons therein named; which was read a first time, and ordered to be read a second time.

Mr. Jones, from the joint committee appointed by this House, to inquire into the expediency of memorializing Congress upon the subject of establishing a district court of the United States in the northern section of Alabama, reported, a "resolution in relation to establishing a district court of the United States in the northern section of this state;" which was read a first time, and ordered to be read a second time to-morrow.

Mr. Mead obtained leave to introduce a bill, to be entitle an act to authorize David Dickerson, Reuben Hays and William Hays, to emancipate certain negroes therein named;

Mr. Oliver obtained leave to introduce a bill, to be entitled an act to alter the time of holding the supreme court of Alabama;

Mr. Creagh obtained leave to introduce a bill, to be entitled an act to repeal certain acts therein named, and for other purposes; which were severally read a first time, and ordered to be read a second time.

An engrossed bill, entitled an act to divorce Sarah an Newman from her husband, Francis Newman; was read a third time; and the question being put, shall this bill pass? it was decided in the affirmative by the constitutional majority.- Yeas 40, Nays 10.

Those who voted in the affirmative, are:

Mr. Speaker

Fleming

King

Manly

Perkins

Ashley

Gayle

Lister

Martin

Sims

Brown

Goodhue

Merriwether

Miller

Shotwell

Barclay

Hallett

Moore of Mad.

Oliver

Smith

Crenshaw

Harvey

Moore of J.

Phillips

Vining

Creagh

Hill, of B.

Moore of Mar.

Philpott

Whitaker

Dale

Haines

Mardis

Peyton

Weissinger

Fields

Jackson

Mead

Pickett

Young-40

Those who voted in the negative, are,

Mr. Beck

Fitts

Harrison

McVay

Powell

Dennis

Fluker

McLemore

McLaughlin

Tindall-10

Ordered, That the title be as aforesaid.

Ordered, That the same be sent to the Senate for their concurrence. Message from the Senate, by Mr. Lyon, their secretary.

Mr. Speaker:--The Senate concur in the resolution of your honorable body, proposing to go into the election of a judge of the fifth judicial circuit, on Thursday, at 1 o'clock P. M. and have amended the same by striking out "one" and inserting "seven;" in which amendment, they desire your concurrence.

They have appointed a committee on their part consisting of Messrs. Armstrong, Wood and Murphy, to join the committee appointed on the part of your honorable body on the memorial of Edward G. Terrell an John D. Terrell, and then he withdrew.

Ordered, That this House concur in the amendment made by the Senate to the said resolution.

Ordered, That the clerk acquaint the Senate therewith.

Bills of the following titles, to wit:

An act divorcing Drury Connally from his wife Nancy Connally;

An act divorcing Robt. Blassingam from his wife Elizabeth Blassingam;

An act divorcing Jane Kelly from her husband James Kelly;

An act to revise and amend an act entitled an act to revise, con-


123

solidate, and amend the several acts, relative to the militia of this state; were severally read a second time, and ordered to be engrossed for a third reading to-morrow.

An engrossed bill, entitled an act to divorce Margaret Toney from her husband Charles Toney; was read a third time and passed.

Yeas 36.      Nays 3.

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

Mr. Ashley

Hallett

Moore of J.

Philpott

Whitaker

Brown

Harvey

Moore of Mar.

Mardis

Peyton

Barclay

Hill of B

Mead

Pickett

Young

Crenshaw

Jackson

Manly

Perkins

Weissinger-36

Dale

King

Martin

Sims

Fleming

Lister

Miller

Shotwell
 

Gayle

Merriwether

Oliver

Smith
 

Goodhue

Moore of Mad.

Phillips

Vining
 

Those who voted in the negative, are:

Mr. Beck

Fitts

Hardwick

Powell

Dennis

Fluker

McLemore

Tindall-8

Ordered, That the titled be as aforesaid.

Ordered, That the clerk acquaint the Senate therewith.

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

Evening- 3 o'clock.

A bill from the Senate, entitled an act for the relief of Thomas C. Jones; was read a second time, and ordered to be read a third time to-morrow.

Mr. Moore, of Jackson, moved to reconsider the vote given on yesterday, on the vote to postpone indefinitely the further consideration of a bill, to be entitled an act for the sure and speedy trial of misdemeanors; which was lost.--Yeas 25. Nays 31.

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

Mr. Speaker

Harvey

Moore, of Mad.

Phillips

Sargent

Ahsley

King

Moore, of J.

Philpott

Skinner

Brown

Lanier

Mead

Powell

Smith

Barclay

McLemore

McLaughlin

Peyton

Weissinger

Fields

McVay

Miller

Shotwell

Young-25

Those who voted in the negative, are:

Mr Crenshaw

Gayle

Jackson

Manley

Tindall

Creagh

Goodhue

Jones

Martin

Viing

Dale

Hallett

Lister

Oliver

Whitaker-31

Dennis

Hill, of T

McConnico

Pickett

Fitts

Hardwick

Merriwether

Perkins
 

Fluker

Harrison

Moore, or Mar.

Salter
 

Fleming

Haines

Mardis

Sims
 

Mr. Fitts, from the joint committee on enrolled bills, Reported, that said committee had examined and found correctly enrolled bills, of the following titles, to wit:

An act to establish a certain county therein named:

An act to regulate escheats in this state, and to appoint esceators;

An act to vest in the judge of the county court and commissioners of roads and revenue, of the county of Henry, a certain portion of land for county purposes;

An act to amend an act entitled an act to establish a public road from Ditto's Landing to Marston Mead's;

Resolution allowing to the solicitor of the first judicial circuit, one hundred and fifty dollars, in addition to his present salary, for extra services by him performed.

An engrossed bill, entitled an act to divorce certain persons there in named: was read a third time, and the question being put, shall this bill pass? it was decided in the negative--Yeas 1, Nays 54.


124

Mr. Martin voted in the affirmative.

Those who voted in the negative, are:

Mr. Speaker

Fluker

Jones

Mead

Salter

Ashley

Gayle

King

McLaughlin

Sims

Beck

Goodhue

Lister

Manly

Sargent

Brown

Hallett

Lanier

Miler

Skinner

Barclay

Harvey

Merriwether

Oliver

Smith

Crenshaw

Hill, of T.

McLemore

Phillips

Tindall

Creagh

Hill, of B.

McVay

Philpott

Vining

Dale

Harrison

Moore, of Md.

Powell

Whitaker

Dennis

Hardwick

Moore, of J.

Peyton

Weissinger

Fields

Haines

Moore, of Mar.

Pickett

Young-54

Fitts

Jackson

Mardis

Perkins

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

Mr. Speaker-- The Senate have passed a bill, originating in your honorable body, entitled an act to establish certain election precincts therein named, and for other purposes; to which they have made sundry amendments: in which they desire your concurrence.

Ordered, That this House concur in said amendments.

Mr. Harvey moved that the House do now reconsider the vote given on yesterday, on postponing indefinitely the further consideration of a bill, entitled an act regulating appeals in criminal cases; which was carried. Ordered, That 60 copies thereof be printed for the use of this House.

The Speaker in an appropriate address to the House, after having made his grateful acknowledgments for the favor and kindness, resigned his office as speaker; Whereupon, Mr. Jackson being called to the chair, the house proceeded to the election of a speaker:

Whereupon, Samuel W. Oliver, esquire, one of the members from Conecuh, was duly elected, who being conducted to the chair made his acknowledgements in a suitable manner.

On motion of Mr. Gayle, Resolved unanimously, that the thanks of this House be tendered to the Hon. William I. Adair, for the able, impartial and dignified manner in which he has discharged the duties of speaker.

And then the House adjourned till 7 o'clock this evening.

Evening 7 o'clock.

On motion of Mr. Jones, Resolved, That the Senate be informed that this House in now ready to receive them to go into the election for a judge of the fifty judicial circuit; and that the west end of the Hall is assigned for their reception.

Ordered, That the clerk convey said resolution to the Senate.

Mr. Fitts, from the joint committee on enrolled bills, Reported, that said committee have examined, and found correctly enrolled a bill, entitled an act to establish the bank of the state of Alabama.

Mr. Mead obtained leave to introduce a bill, entitled an act to allow the administrators of Aaron Murphy, deceased, to convey a certificate therein named; which was read a first time, and ordered to be read a second time.

Mr. Vining presented the account of R. B. Purdom; which as received and referred to the committee on accounts.

The Senate having repaired to the Hall of the House of Representatives, the two Houses proceeded to the election of a judge for


125

the fifth judicial circuit, to fill the vacancy created by the resignation of the Honorable Clement C. Clay, Esquire. Henry Minor and William I. Adair, being in nomination, the votes were,

For Mr. Minor, 40.

Mr. Adair, 35.

The Speaker thereupon declared Mr. Minor duly elected the judge of the fifth judicial circuit.

Those who voted for Mr. Minor, are:

Mr. President

Murphy

Dennis

McConnico

Phillips

Bibb

Powell

Fields

Merriwether

Perkins

Casey

Shackleford

Fitts

McLemore

Sims

Coats

Smith

Fluker

Moore of mar.

Shotwell

Conner

Sullivan

Hill of T.

Mardis

Sargent

Hopkins

Wood

Harrison

Mead

Skinner

Metcalf

Crenshaw

Jones

McLaughlin

Vining

Moore

Creagh

Lister

Martin

Weissinger-40

Those who voted for Mr. Adair, are:

Mr. Armstrong

Beck

Harvey

McVay

Peyton

Crabb

Brown

Hill of B.

Moore of Mad.

Pickett

Devereux

Barclay

Haines

Moore of J.

Salter

McCamy

Dale

Hardwick

Manly

Smith

McVay

Fleming

Jackson

Miller

Tindall

Mr. Speaker

Goodhue

King

Philpott

Whitaker

Ashley

Hallett

Lanier

Powell

Young-35

And then the Senate withdrew.

And then the House adjourned till tomorrow morning, 10 o'clock.