Thursday, December 9.

The speaker laid before the House a record of proceedings of the circuit court of Autauga county, exercising chancery jurisdiction in the case of Jane Kelly, against her husband, James Kelly, for a divorce.

The Speaker also laid before the House a record of the proceedings of Madison circuit court, exercising chancery jurisdiction in the case of Samuel Dickson, against his wife, Deborah Dickson, for a divorce; which were severally received, and referred to the committee of divorce and alimony.

Mr. Phillips presented the petition of Henry Moffet, of the town of Cahawba, praying that he may be permitted to apply certain money paid for the purchase of one lot, to another.

Mr. Haines presented the petition of Benjamin S. Brumley, pray-


67

ing that he may be restored to his civil right and capacities, of which he had been deprived by a judgment of Baldwin circuit court, for manslaughter; which said petitions were received and severally referred to the committee of propositions and grievances.

Mr. Dennis presented the account of Hugh Henry, sheriff of Bibb county;

Mr. Gayle presented the account of James D. Godbolt, sheriff of Monroe county; which accounts were received, and severally referred to the committee of accounts.

Mr. Crenshaw presented the petition of the officers of the 22d regiment of Alabama militia, praying that said regiment may be divided into two regiments; which was received and referred to the military committee.

Mr. McConnico presented the petition of sundry inhabitants of Monroe county, praying the establishment of an academy at Claiborne, in said county; which was received and referred to a select committee, consisting of Messrs, McConnico, Gayle and Dale.

Mr. McConnico presented the petition of Peter Keebler, of Monroe county, praying that a lease which he had taken on the 16th section, in township 7, and range 7, may be further extended to one year, in consideration of misfortunes, &c. which was received and referred to the committee on schools, colleges and universities, and school and university lands.

Mr. Oliver presented the petition of sundry inhabitants of Butler, Covington and Conecuh, praying a certain stream, therein called Union Creek, may be declared a public highway; which was received, and referred to the committee on inland navigation.

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

Mr. Speaker:-- The Senate did on yesterday adopt the following resolution, in which they desire your concurrence.

Resolved, By the Senate, with the concurrence of the House of Representatives, the Senate will to-morrow, at the hour of three o'clock, P.M. meet in the Representatives Hall, for the purpose of filling all vacancies which may have occurred in the Board of Trustees.

A communication was received from the Governor by Mr. Pleasants, secretary of state: which communication was in writing, and is as follows:

EXECUTIVE DEPARTMENT.

December 9, 1823.

Gentlemen of the Senate and of the House of Representatives.

I have just received the resignation of Henry Hitchcock, esquire, as a trustee of the University of Alabama.

ISRAEL PICKENS.

Mr. Oliver, from the select committee, to whom was referred the consideration of a bill, to be entitled "An act to regulate escheats in this state, and to appoint escheators," Reported said bill without amendment.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution instructing them to inquire into the expediency of providing a summary mode for the impeachment of justices of the peace, for mal practice in office, Reported, that the only was to effect the object of the resolution, is to amend the constitution as to that matter:in which report the House concurred.

Mr. Oliver, from the same committee, to whom was referred a resolution allowing the solicitor of the first judicial circuit


68

______ dollars in addition to his present salary, for extra services by him performed, Reported, that said committee recommend that the blank in said resolution be filled with the words "one hundred and fifty," in which report the House concurred.

Ordered, That said resolution be engrossed for a third reading to-morrow.

Mr. Miller, from the committee on county boundaries, to whom was referred a bill, entitled "an act establishing a certain county therein named," Reported said bill without amendment.

Mr. Mead, from the committee on roads, bridges, ferries, &c. to whom was referred the petition of Joseph Barleson, reported a bill, to be entitled "an act to amend an act entitled an act to establish a turnpike road leading from Lawrence to intersect the military road at Pikesville, in Marion county; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Mead, from the same committee, to whom was referred the petition of John Byler, reported a bill, to be entitled "An act to amend an act, passed at Huntsville, the 16th December, 1819, entitled an act to establish a public road therein named;" which was read a first time, and ordered to be read a second time to-morrow.

Ordered, That the House concur in the resolution from the Senate proposing to go into the election of trustees of the University of the state of Alabama, this evening at 3 o'clock.

Ordered, That the clerk acquaint the Senate therewith.

Mr. Mead, from the committee on roads, bridges, ferries, &c. to whom was referred the petition of sundry inhabitants of Monroe, Clark and Washington, praying that a road leading from Claiborne to Greenlees' Ferry may be turnpiked by Edward Smith. Reported, that the prayer of the petitioners is unreasonable, and ought not to be granted.

Ordered, That the House disagree to said report.

Ordered, that the committee be discharged from the further consideration of said petition.

Mr. Mead, from the same committee, to whom was referred the petition of sundry inhabitants of Wilcox county, Reported, that said petitioners ask leave to withdraw their petition. And the House granted leave accordingly.

Mr. Lanier offered the following resolution:

Resolved, That this House will not receive any new business after Saturday next; and that this House will adjourn, sine die, on Saturday the 20th of this month.

Mr. Vining moved to amend the said resolution by adding after the word "will," these moved, "with the concurrence of the Senate;" which was adopted.

Mr. Young moved that said resolution lie on the table; which was lost- Yeas 27, Nays 28.

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

Mr. Beck

Goodhue

Jackson

Oliver

Whitaker

Brown

Hallett

Lister

Phillips

Young

Barclay

Harvey

Moore of J.

Peyton

Weissinger

Dale

Hill of T.

Mead

Perkins

27

Dennis

Haines

Manly

Shotwell
 

Gayle

Hill of B

Martin

Tindall
 


69

Those who voted in the negative, are:

Mr. Speaker

Fleming

Merriwehter

Miller

Sargent

Crenshaw

Harrison

McVay

Philpott

Skinner

Creagh

Jones

Moore of Mad.

Powell

Vining

Fields

King

Moore of Mar.

Picket

Smith-28

Fitts

Lanier

Mardis

Salter

Fluker

McConnico

McLaughlin

Sims
 

Mr. Perkins moved to amend said resolution by adding after the word "business," the word, "except petitions, memorials, and accounts;" which was adopted.

Ordered, That Mr. Lanier have leave to withdrew said resolution.

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

Mr. Speaker- The Senate have adopted the following resolution, in which they desire your concurrence:

Resolved, That with the concurrence of the House of Representatives, the Senate will on Friday next, at 3 o'clock, P.M. repair to the Representative Chamber, for the purpose of electing all the officers of this state whose offices are vacated, and the filling of which devolves upon the legislature.

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

Resolved, That with the concurrence of the House of Representatives, the Senate will assemble in their Hall at 3 o'clock this evening, for the purpose of electing a trustee of the University, in the place of Henry Hitchcock, Esq. this day resigned.

And then he withdrew.

Ordered, That the House concur in said resolutions.

Ordered, That the clerk acquaint the Senate therewith.

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

"An act to amend an act, entitled an act to establish a public road from the house of John Gandie, in Morgan county, to Baltimore or Morgan's springs, in Blount county, passed Dec. 23, 1822."

"An act restricting the recovery of claims against the counties respectively in certain cases;"

"A resolution extending the time of payment of lots in town of Cahawba."

On motion of Mr. Fitts, Resolved, That the judiciary committee be instructed to inquire into what further compensation, by was of fees of office, should be allowed to the judges of the county courts, and that they report by bill or otherwise.

On motion of Mr. Philpott, Ordered, That the judiciary committee be instructed to inquire into the expediency of so amending the existing laws of this state, as to make it the duty of the solicitor of the first judicial circuit to attend the county courts of the county of Mobile, exercising criminal jurisdiction.

Mr. Gayle, from the committee of ways and means, introduced a bill, to be entitled an act concerning billiard tables; which was read a first time, and ordered to be read a second time to morrow.

Mr. Miller, from the committee on county boundaries, to whom was referred the petition of sundry inhabitants of Jefferson county, reported a bill, to be entitled an act to alter the boundary line of Jefferson county; which was read a first time, and ordered to be read a second time to-morrow.


70

Mr. Jackson, from the select committee, to whom was referred the preamble and resolutions proposing General Andrew Jackson as a suitable person as a candidate for President of the United States reported the said preamble and resolutions with sundry amendments; in which amendments the House concurred. Ordered, That said resolutions be read a third time to-morrow.

Mr. Pickett moved that two hundred copies thereof be printed for the use of this House; which was lost- Yeas 18, Nays 36.

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

Mr. Beck

Fleming

King

Manly

Sargent

Brown

Gayle

Lanier

Martin

Tindall-18

Dale

Hallett

Moore of Mad.

Pickett

Fields

Jones

Mead

Perkins
 

Those who voted in the negative, are:

Mr. Speaker

Harvey

McVay

Philpott

Vining

Barclay

Hill of T.

Moore of J.

Powell

Whitaker

Crenshaw

Hill of B.

Moore of Mar.

Peyton

Weisinger

Creagh

Harrison

Mardis

Salter

Young-36

Dennis

Jackson

McLaughlin

Sims

Fitts

Lister

Miller

Shotwell
 

Fluker

McConnico

Oliver

Skinner
 

Goodhue

Merriwether

Phillips

Smith
 

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

Mr. King, from the select committee, to whom was referred a bill, to be entitled "an act to revive in part and amend an act to regulate the proceedings in the courts of law and equity in this state," reported said bill without amendments.

McVay obtained leave to introduce a bill, to be entitled an act for the sure and speedy trial of misdemeanors; which was read a first time, and ordered to be read a second time to-morrow.

Mr. Hallett, from the select committee to whom was referred the consideration of a bill, entitled "an act amendatory to an act, entitled an act to provide for the printing of the laws and journals, and for other purposes, passed December 25, 1822," reported said bill, with sundry amendments; in which said amendments the House concurred.

Ordered, That said bill be read a third time.

Mr. Oliver, from the joint committee, to whom was referred a joint resolution directing them to inquire into the printing of the Digest of the statutes of this state, and making an index thereto, reported a bill, to be entitled "an act to allow Henry Hitchcock compensation for superintending the printing the Digest of the statutes of this state, and making no index for the same;" which was read a first time, and ordered to be read a second time to morrow.

The House then proceeded to the orders of the day.

A bill from the Senate, entitled "An act to amend the several acts for the settlement and relief of the poor," was read a first time, and ordered to be read a second time.

Bills from the Senate, of the following titled, to wit:

"An act to regulate escheats to this state, and to appoint escheaters;" and

"An act establishing a certain county therein named:" were severally read a second time, and ordered to be read a third time to-morrow.

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


71

Evening Session.

On motion of Mr. Lanier, Resolved, That the Senate be informed that this House in now ready to receive them, to go into the election of trustees of the University of Alabama, and that the west end of the hall be assigned for their reception.

The Senate having repaired to the hall of this House, the two Houses proceeded to the election of a trustee of the University of the state of Alabama, for the first judicial circuit, to fill the vacancy occasioned, by the resignation of George W. Owen, Esq.

George Buchanan and Arthur P. Bagby being in nomination, the votes stood this:

For Mr. Buchanan, 39.

For Mr. Bagby, 36.

The speaker thereupon declared Mr. Buchanan duly elected a trustee of the University of Alabama, for the first judicial circuit, to fill the vacancy occasioned by the resignation of George W. Owen.

Those who voted for Mr. Buchanan, are:

Mr. Casey

Ashley

Haines

McConnico

Pickett

Coats

Beck

Harvey

Merriwether

Salter

Metcalf

Brown

Hill of T.

McVay

Sims

Murphy

Creagh

Hill of B.

Moore of Mad.

Shotwell

McVay

Dennis

Harrison

Moore of Mar.

Tindall

Smith

Fields

King

McLaughlin

Vining

Sullivan

Fluker

Lister

Manly

Weissinger-39

Wood

Gayle

Lanier

Miller

Those who voted for Mr. Bagby, are:

Mr. President

Moore

Fleming

Martin

Skinner

Armstrong

Powell

Goodhue

Oliver

Smith

Bibb

Shackleford

Hallett

Phillips

Whitaker

Conner

Mr. Speaker

Jackson

Philpott

Young-36

Crabb

Barclay

Jones

Powell

Devereux

Crenshaw

Moore of J.

Peyton
 

Hopkins

Dale

Mardis

Perkins
 

McCamy

Fitts

Mead

Sargent
 

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

Bolling Hall, Esq. being in nomination, the votes were-

For Bolling Hall, 70.

The speaker thereupon declared Bolling Hall, Esq. duly elected a trustee of the University of Alabama, for the 2d judicial circuit.

Those who voted for Mr. Hall, are:

Mr. President

Smith

Fitts

McConnico

Philpott

Armstrong

Sullivan

Fluker

Merriwether

Powell

Bibb

Wood

Fleming

McVay

Peyton

Coats

(Reps)

Gayle

Moore of Mad.

Pickens

Conner

Mr. Speaker

Goodhue

Moore of J.

Perkins

Crabb

Ashley

Hallett

Moore of Mar.

Sims

Devereux

Beck

Harvey

Mardis

Shotwell

Hopkins

Brown

Hill of T.

Mead

Sargent

McCamy

Barclay

Hill of B.

McLaughlin

Skinner

Metcalf

Crenshaw

Harrison

Manly

Smith

Moore

Creagh

Haines

Martin

Vining

Murphy

Dale

Jackson

Miller

Whitaker

McVay

Dennis

Jones

Oliver

Weissenger

Powell

Fields

Lister

Phillips

Young-70
 Shackleford        

Scattering, 2.

The two Houses then proceeded to the election of a trustee for the fourth judicial circuit, to fill the vacancy occasioned by the resignation of John McKinley, Esq.


72

Arthur F. Hopkins and Hugh McVay, Esquired being in nomination, the votes stood this:

For Mr. Hopkins 51.

For Mr. McVay 21.

The speaker thereupon declared Arthur F. Hopkins, Esq. Duly elected a trustee of the University of Alabama, for the fourth judicial circuit.

Those who voted for Mr. Hopkins, are:

Mr. President

Mr. Speaker

Hallett

Mardis

Sims

Armstrong

Ashley

Harvey

Mead

Sargent

Bibb

Crenshaw

Hill of T.

Martin

Skinner

Casey

Creagh

Jackson

Miller

Smith

Coats

Dale

Jones

Oliver

Tindall

Crabb

Dennis

Lister

Phillips

Vining

Devereux

Fitts

Lanier

Philpott

Whitaker

Moore

Fluker

McConnico

Pickett

Weissinger

Murphy

Fleming

Merriwether

Perkins

Young-51

Powell

Gayle

Moore of J.

Salter

Shackleford

Goodhue
     

Those who voted for Mr. McVay, are:

Mr. Conner

Wood

Fields

King

Manly

McCamy

Beck

Hill of B.

McVay

Powell

Metcalf

Brown

Harrison

Moore of Mad.

Peyton

Smith

Barclay

Haines

McLaughlin

Shotwell-21

 Sullivan
       

The two Houses then proceeded to the election of a trustee of the University of Alabama, for the sixth judicial circuit, to fill the vacancy created by the death of R. W. Carter, deceased.

Samuel W. Oliver and Enoch Parson, Esquired, being in nomination, the votes stood thus:

For Mr. Oliver 51.

For Mr. Parsons, 22.

The speaker thereupon declared Mr. Oliver duly elected a trustee of the University of Alabama, for the sixth judicial circuit.

Those who voted for Mr. Oliver, are:

Mr. President

Mr. Speaker

Goodhue

Mead

Perkins

Armstrong

Ashley

Hallett

McLaughlin

Salter

Bibb

Barclay

Harvey

Manly

Shotwell

Coats

Creagh

Harrison

Martin

Sargent

Conner

Dale

Jones

Miller

Skinner

Devereux

Dennis

King

Phillips

Smith

Hopkins

Fields

Merriwether

Philpott

Tindall

McCamy

Fitts

Moore of J.

Powell

Whitaker

Moore

Fluker

Moore of Mar.

Peyton

Weissenger

Powell

Fleming

Mardis

Pickett

Young-51
 Shackleford        

Those who voted for Mr. Parsons, are:

Mr. Casey

Smith

Gayle

Lister

Sims

Crabb

Sullivan

Hill of T.

Lanier

Vining-22

Metcalf

Wood

Hill of B.

McConnico

Murphy

Beck

Haines

McVay
 

McVay

Crenshaw

Jackson

Moore of Mad.
 

The Senate then withdrew.

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