Saturday, December 18, 1824.

The House met pursuant to adjournment.

Mr. Crenshaw from the committee of ways and means, to whom was referred the bill to be entitled, an act making appropriations for the year 1825,  reported the same with an amendment, which was concurred in by the House.  The bill was then read a 2d time.  On motion, Ordered, that the same be engrossed and made the order of the day for a 3d reading on Monday next.


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A bill to be entitled an act making appropriations for certain claims against the state, was read a 2d time.  On motion, Ordered, that it be referred to the committee on accounts.

A message from the Senate by Mr. Lyon, their secretary: Mr. Speaker, the Senate have read three times and passed bills which originated in your honorable body, entitled an act to establish a certain county therein named, and for other purposes; An act to establish the town of Whitesburg, and to incorporate its trustees; An act altering the sale days of land and slaves in parts of the counties of lawrence and franklin; an act to repeal in part and amend an act, entitled an act to incorporate the Murder Creek navigation company, passed Dec. 15th, 1821, and for other purposes; An act for the relief of Cyrus Sibley an James L. Seabury, securities of Henry Wheat, and have amended the same by adding thereto an additional section, in which they desire your concurrence; An act to change the mode of appointing assessors and tax collectors, and have amended the same in the manner herewith shewn, in which amendment they desire your concurrence.  And also an act to repeal in part an act regulating the fees of justices, constables and lawyers, and to ascertain the fees that said officers are hereafter to receive; and have amended the same by inserting the words for services hereinafter enumerated, after the word fees in the 3d line of the 2d section; and by striking out the word twenty in the last line of the 2d section, and inserting ten, in which amendments they desire your concurrence.  They have also read three times and passed bills which originated in their House, entitled an to establish certain election precincts therein named; and an act authorising and requiring the treasurer of Blount county to pay to Daniel Ayers a certain sum of money for apprehending, guarding and committing to the jail of said county certain persons charged with horse stealing, in which they also desire your concurrence.  And then he withdrew.

A bill to be entitled an act more effectually to secure the revenue arising to the state from licenses granted by the clerks of the county courts, was read a 2d time; and ordered to be engrossed for a third reading on Monday next.

The House resolved itself into a committee of the whole House on a bill to be entitled an act to raise a revenue for the year 1825, and after some time spent in the consideration thereof, the committee rose, and Mr. Morton  Reported the bill with sundry amendments, which were concurred in by the House.  The bill was then read a 2d time, and on the question to concur in the first section of said bill, it was decided in the affirmative.  Yeas 51, Nays 5.

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

Mr. Speaker, Abercrombie, Barton, Baxter, Camp, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fleming, Fluker, Gaines, Green, Hill, Jones, Lanier, Mardis, Martin, McCord, Merriwether, Metcalf, Miller, Moore of J. Moore of mar. Moore of Mon. Morton, Oliver, Parham, Perkins, Peyton, Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White, Worthington- 51.

Those who voted in the negative, are, Mr. Baylor, Baylor, Coleman, McVay, Mead- 5.


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Mr. Mead moved to strike out the words, for all free white males above the age of twenty-one years and not exceeding forth-five 37 1/2 cents, in the third section of said bill, which was lost.  Yeas 19, Nays 36.

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

Mr. Speaker

Cunningham

Hill

Metcalf

Shackleford

Baylor

Farrar

Jones

Parham

Shotwell

Byler

Fluker

McVay

Peyton

Skinner

Coleman

Gaines

Mead

Rather

Vining- 19.

Those who voted in the negative, are

Mr. Abercrombie

Dale

Lanier

Moore of Ma.

Ruffin

Barton

Dickenson

Mardis

Moore of Mo.

Tapscot

Baxter

Dinsmore

Martin

Morton, Oliver

Tindall

Camp

Edmondson

McCord

Perkins

Watson

Cook

Exum

Merriwether

Pickens of D.

Weissinger

Creagh

Fleming

Miller

Pickens of G.

Worthington

Crenshaw

Green

Moore of J.

Pickett

White- 36.

Mr. White moved to strike out the words for every billiard table dept for play two hundred dollars, in the said 3d section of the bill with a view to insert one thousand dollars for every billiard table kept for play, which was lost. Yeas 18, nays 38.

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

Mr. Speaker

Fluker

McCord

Skinner

Worthington

Byler

Gaines

Moore of Mo.

Tapscot

White- 18.

Creagh

Mardis

Morton

Vining

Dickinson

McVay

Rather

Weissinger

Those who voted in the negative, are

Mr. Abercrombie

Cunningham

Hill

Moore of J.

Pickett

Barton

Dale

Jones

Moore of Ma.

Ruffin

Baylor

Dinsmore

Lanier

Oliver

Shackleford

Baxter

Edmondson

Martin

Parham

Shotwell

Camp

Exum

Mead

Perkins

Tindall

Coleman

Farrar

Merriwether

Peyton

Watson- 38.

Cook

Fleming

Metcalf

Pickens of D.

Crenshaw

Green

Miller

Pickens of G.

The question was then taken on concurring with the other amendments to the bill, was reported by the committee; which was decided in the affirmative.  On motion, Ordered that said bill be engrossed and made the order of the day for a third reading on Monday next.

House adjourned till 3 o'clock this evening.

Evening Session.

Engrossed bill to be entitled, an act to alter the time of holding the next circuit court of Lawrence county, was referred to a select committee, consisting of messrs. White, Crenshaw and Farrar to consider and report thereon.

On motion of Mr. white, Resolved, that the Senate be invited to assemble in the representative hall for the purpose of electing twelve Trustees to the State University, agreeably to a joint resolution on that subject, and that the west end of the hall be appropriated for their reception.

Mr. Perkins from the select committee to whom was referred the resolution relating to the appointment of commissioners to report to the next General Assembly the most eligible site for the permanent seat of government in this state, have had the same under consideration, and have instructed me to report the same amended, by striking out the

17


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first resolve, and inserting the following: Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, that five commissioners be appointed by both branches of the General Assembly, whose duty it shall be to examine such place or places in the state as they, or a majority of them, may think expedient, and report to the next General Assembly at their first session, whether there be any place in the state more eligible for the permanent seat of government than Cahawba, and of any what place that is.  Be it further resolved, that previous to the report of the commissioners aforesaid, they shall each take the following oath, to wit: I, __________ do solemnly swear (or affirm) that I will report the General Assembly the most eligible site for the permanent seat of government for this state, having due regard to health, extend of territory, and population, to the best of my abilities; so held me God.  Which said resolution was laid on the table.

A message from his excellency the governor, by James I. Thornton, Secretary of State;

Executive Department, Dec. 18, 1824.

Gentlemen of the Senate and of the House of Representatives,

The resignation of Henry D. Stone, as judge of the county court of Covington county, was received during the recess of the General Assembly, and John W. Devereux was appointed to fill the vacancy, which executive appointment will expire at the end of your present session.

I am very respectfully,

ISRAEL PICKENS.

And then he withdrew.

Mr. Ruffin 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 county therein named and for other purposes; an act the better to provide for the punishment of escapes; An act authorising and empowering the school commissioners of the 16th section, 4th township, and 7th range, &c.; An act authorising Samuel Harbeson, administrator, to convey certain real estate; An act to provide for compensating the electors of President and Vice President of the United States; An act to repeal an act entitled an act to establish regulate justices' courts in this state, &c.; A joint resolution relative to the services of Edward Herndon, as assistant adjutant general; An act to divide the 32d regiment of the militia of this state; An act for the relief of George A. Glover, assessors and tax collector of Lawrence county for the year 1823; An act regulating proceedings on penal bonds; Resolution providing for the further distribution of the statute laws of the state of Alabama; An act to authorise the representatives of Malachi Gould, deceased, to sell certain real estate; Joint resolution in relation to major general La Fayette; An act to authorise Armstrong Mitchell, executor, and Elizabeth Averett, executrix, of the last will and testament of Benjamin Averett, deceased, to transfer certain real estate; and, An act to exempt the citizens of the town of Elyton in Jefferson county, and the citizens of Sommerville in Morgan county, and the citizens of the town of Tuscumbia in Franklin county, from working on any road beyond the limits of said town.

The Senate having repaired to the hall of the House of Representatives, the two Houses proceeded to the election of twelve Trustees of the University of the state of Alabama - William Crawford and James


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Dellett alone being in nomination, for the first judicial circuit, the votes stood thus:

For Mr. Crawford 74 - Mr. Dellett 74.

Those who voted for Mr. Crawford, are,

Mr. President

Smith

Cunningham

McVay

Pickett

Bibb

Sullivan

Dale

McCord

Rather

Casey

Taggert

Dickinson

Mead

Ruffin

Coats

Wood

Dinsmore

Merriwether

Shackleford

Conner

Mr. Speaker

Edmondson

Metcalf

Shotwell

Crabb

Abercrombie

Exum

Miller

Skinner

Devereux

Bagby

Farrar

Moore of J.

Tapscot

Hopkins

Barton

Fleming

Moore of Ma.

Tindall

McCamy

Baxter

Fluker

Moore of Mo.

Vining

Metcalf

Byler

Gaines

Morton

Weissinger

Moore

Camp

Green

Hill

Oliver

Murphy

Coleman

Jones

Perkins

White

McVay

Cook

Lanier

Peyton

Worthington- 74

Powell

Creagh

Mardis

Pickens of D.

Watson

Shackleford

Crenshaw

Martin

Pickens of G.

Those who voted for James Dellett are those who voted for William Crawford.  Whereupon Mr. Speaker declared William Crawford and James Dellett duly elected trustees of the University of the state of Alabama for the first judicial circuit for the next ensuing three years.

The two Houses then proceeded to the election of two trustees of the University of Alabama from the 2nd judicial circuit- Bolling Hall and Dr. George Phillips alone being in nomination- the votes stood thus: For Mr. Hall 74- for Mr. Phillips 74.

The Speaker thereupon declared Mr. Hall and Mr. Phillips duly elected trustees of the University of Alabama for the second judicial circuit.  Those who voted for Mr. Hall and Mr. Phillips are the same as those who voted for Mr. Crawford and Mr. Dellett.

The two Houses then proceeded to the election of two trustees of the University of Alabama for the third judicial circuit.  Doct. Jack Shackleford, Hume R. Field, and Henry w. Collier being in nomination- the votes stood thus: For Mr. Shackleford 73, Mr. Field 51, Mr. Collier 21.  whereupon Mr. Speaker declared Mr. Shackleford and Mr. Field duly elected trustees of the University of Alabama for the third judicial circuit, for the ensuing three years.

Those who voted for Mr. Shackleford, are

Mr. President

Sullivan

Cunningham

McCord

Rather

Bibb

Taggert

Dale

Mead

Ruffin

Casey

Wood

Dickinson

Merriwether

Shackleford

Coats

Mr. Speaker

Dinsmore

Metcalf

Shotwell

Conner

Abercrombie

Edmondson

Miller

Skinner

Crabb

Bagby

Exum

Moore of J.

Tapscot

Devereux

Barton

Fleming

Moore of ma.

Tindall

Hopkins

Baylor

Fluker

Moore of mo.

Vining

McCamy

Baxter

Gaines

Morton

Watson

Metcalf

Byler

Green

Oliver

Weissinger

Moore

Camp

Hill

Jones

Perkins

Murphy

Coleman

Lanier

Peyton

White- 73.

McVay

Cook

Mardis

Pickens of D.

Worthington

Powell

Creagh

Martin

Pickens of G.

Smith

Crenshaw

McVay

Pickett

Those who voted for Mr. Field, are

Mr. President

Mr. Speaker

Dickinson

Metcalf

Ruffin

Coats

Abercrombie

Dinsmore

Moore of J.

Shackleford

Conner

Bagby

Edmondson

Moore of ma.

Shotwell

Devereux

Barton

Exum

Moore of mo.

Skinner

Moore

Baylor

Fleming

Morton

Tapscot


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Murphy

Baxter

Fluker

Oliver

Tindall

Powell

Camp

Cook

Greene

Perkins

Watson

Smith

Creagh

Hill

Jones

Pickens of G.

Worthington

Sullivan

Crenshaw

Mead

Pickett

Weissinger 51.

Taggert

Dale

Merriwether

Rather

Those who voted for Mr. Collier, are

Mr. Casey

Metcalf

Coleman

Martin

Peyton

Crabb

McVay

Cunningham

McVay

Pickens of D.

Hopkins

Wood

Gaines Lanier

McCord

Vining

McCamy

Byler

Mardis

Miller

White- 21.

The two houses then proceeded to the election of two trustees of the University of Alabama for the fourth judicial circuit.  Nicholas Davis, Thomas Wooldridge, James Jackson, and Quin Morton being in nomination, the vote stood thus: For Nicholas Davis 73, Thomas Wooldridge 30, Mr. Jackson 18, Mr. Morton 27.

The speaker thereupon declared Nicholas Davis duly elected a trustee of the University of Alabama, from the 4th judicial circuit, for the ensuing three years.  Those who voted for Mr. Davis, are

Mr. Bibb, Casey, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Shackleford, Smith, Sullivan, Tagert, Mr. Speaker, Abercrombie, Bagby, Barton, Baylor, Baxter, Byler, Camp, Doleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Dinsmore, Edmondson, Farrar, Fleming, Fluker, Gaines, Green, Hill, Jones, Lanier, Mardis, Martin, McVay, McCord, Mead, Merriwether, Metcalf, Miller, Moore of J. Moore of Mar, Moore of mon, Morton, Oliver, Parham, Perkins, Peyton, Pickens of D., Pickens of G. Pickett, Rather, Ruffin, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White, Worthington, 73.

Those who voted for Mr. Wooldrige are- Mr. Casey, Coats, Crabb, McCamy, Metcalf, Moore, Murphy, Smith, Wood, Baylor, Crenshaw, Dinsmore, Edmondson, Exum, Farrar, Fluker, Martin, McCord, Merriwether, Metcalf, Moore, of J. Moore of mar. Moore of Mon. Parham, Perkins, Pickens of D. Pickens of G., Shackleford, Skinner, Vining- 30.

Those who voted for Mr. Jackson are- Mr. Conner, Hopkins, McVay, Shackleford, Sullivan, Taggert, Byler, Camp, Cunningham, Exum, Hill, Mardis, McVay, Mead, Miller, Pickett, Shotwell, Worthington- 18.

Those who voted for Mr. Morton are- Mr. Bibb, Devereux, Powell, Wood, Mr. Speaker, Abercrombie, Bagby, Barton, Baxter, Coleman, Cook, Dale, Dickinson, Fleming, Gaines, Green, Jones, Lanier, Oliver, Peyton, Rather, Ruffin, Tapscot, Tindall, Watson, Weissinger, White- 27.

The two Houses then proceeded to the election of one other trustee of the University of Alabama from the fourth judicial circuit.  Thomas Wooldridge and Quin Morton alone being in nomination, the vote stood thus: For Mr. Wooldridge 39, Mr. Morton 35.

Whereupon Mr. Speaker declared Mr. Wooldridge duly elected a trustee of the University of Alabama, from the 4th judicial circuit, for the ensuing three years.  Those who voted for Mr. Wooldridge, are

Mr. Casey, Coats, Crabb, McCamy, Metcalf, Moore, Murphy, McVay, Smith, Sullivan, Taggert, Wood, Baylor, Byler, Crenshaw, Dinsmore, Edmondson, Exum, Farrar, Hill, Mardis, Martin, McVay, McCord, Merriwether, Metcalf, Miller, Moore of J. Moore of mar. Moore of Mon. Parham, Perkins, Pickens of D. Pickens of G. Pickett, Shackleford, Skinner, Vining, Worthington- 39.

Those who voted for Mr. Morton are- Mr. Bibb, Conner, Devereux, Hopkins, Powell, Shackleford, Mr. Speaker, Abercrombie, Bagby, Barton, Baxter, Camp, Coleman, Cook, Creagh, Cunningham, Dale, Dickinson, Fleming, Fluker, Gaines, Green, Jones, Lanier, Mead, Oliver, Peyton, Rather, Ruffin, Shotwell, Tapscot, Tindall, Watson, Weissinger, White- 35.


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The two Houses then proceeded to the election of two trustees of the University of Alabama from the fifth judicial circuit.  Thomas Fearn and David Moore being alone in the nomination, the vote stood thus: For Mr. Fearn 71, Mr. Moore 70.  The speaker thereupon declared Mr. Fearn and Mr. Moore duly elected trustees of the University of Alabama, from the fifth judicial circuit, for the ensuing three years.  Those who voted for Mr. Fearn, are

Mr. President, Bibb, Casey, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Metcalf, Murphy, McVay, Powell, Shackleford, Smith, Sullivan, Taggert, Wood, Mr. Speaker, Abercrombie, Barton, Baylor, Baxter, Byler, Camp, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fleming, Fluker, Gaines, Green, Jones, Lanier, Mardis, Martin, McVay, McCord, Mead, Merriwether, Metcalf, Miller, Moore of j. Moore of Mar, Moore of Mon. Morton, Perkins, Peyton, Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White, Worthington- 71.

Those who voted for Mr. Moore are the same as those who voted for Mr. Fearn except Mr. Morton, who voted blank.

The two Houses then proceeded to the election of two trustees of the University of Alabama from the sixth judicial district. Samuel W. Oliver and Clement C. Billingslea alone being in nomination, the votes stood thus: For Samuel W. Oliver 74, C. C. Billingslea 74.

The Speaker thereupon declared Samuel W. Oliver and Clement C. Billingslea duly elected trustees of the University of Alabama, from the sixth judicial circuit, for the ensuing three years.

Those who voted for Mr. Oliver are- Mr. President, Bibb, Casey, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Metcalf, Murphy, McVay, Powell, Shackleford, Smith, Sullivan, Taggert, Wood, Mr. Speaker, Abercrombie, Bagby, Barton, Baylor, Baxter, Byler, Camp, Coleman, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fleming, Fluker, Gaines, Green, Hill, Jones, Lanier, Mardis, Martin, McVay, McCord, Mead, Merriwether, Metcalf, Miller, Moore of j. Moore of Mar. Moore of Mon, Morton, Parham, Perkins, Peyton, Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shackleford, Shotwell, Skinner, Tapscot, Tindall, Vining, Watson, Weissinger, White, Worthington- 74.

Those who voted for Mr. Billingslea are the same as those who voted for Mr. Oliver.

The House adjourned till Monday morning at 9 o'clock.