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Saturday, December 4, 1824.

Mr. Dinsmore presented the petition of Cyrus Sibley, and James L. Seabury, as securities for Henry Wheat, as tax collector for Mobile county, for the year 1820; which was read, and referred to a special committee, consisting of Messrs. Dinsmore, Fleming and Barton.

Mr. Barton presented the petition of Hugh H. Rolston, clerk of the county court of Mobile county, praying compensation as clerk of the criminal court, &c.; which was read and referred to a special committee, consisting of Messrs. Barton, Baxter and Shotwell.

Mr. Barton presented the petition of James Johnston, praying the passage of a law to emancipate a certain slave therein named; which was read and referred to a special committee, consisting of Messrs. Barton, Baxter and Shotwell.

Mr. Vining from the committee on roads, bridges, and ferries, to whom was referred a resolution of this House, instructing them to inquire into the expediency of repealing so much of the 6th section of an act, entitled an act to reduce into one of the several acts concerning roads, bridges, and ferries, passed 21st Dec. 1820, as makes it the duty of overseers of roads to notify the clerks of the county courts of their accepting the appointment, have had the same under consideration and have instructed me to report, that they deem it inexpedient to repeal the same, in which report the House concurred.

Mr. Mead from the committee on divorce and alimony, reported bills of the following titles, to wit: A bill to be entitled an act divorcing Nancy Gillespie from Andrew V. Gillespie.

A bill to be entitled, an act divorcing Samuel Payne from Elizabeth Payne; and A bill to be entitled an act divorcing Sarah Wall from James Wall, which were severally read a first time, and ordered to be read a second time on Monday next.

Mr. Mead from the special committee to which was referred a bill to be entitled, an act to change the mode of appointing assessors and tax collectors,  Reported the same with amendments, in which the House concurred.  Ordered that said bill be engrossed for a 3d reading on Monday next.

Mr. Perkins from the special committee to which was referred an engrossed bill to be entitled an act to prevent the fraudulent combinations in the sale of public lands within the state, passed at Huntsville on the 17th Dec. 1819,  reported the same with amendments in which the House concurred.  Ordered, that the same be engrossed for a 3d reading on Monday next.

Mr. Morton obtained leave to introduce a bill, to be entitled an act to repeal an act allowing a certain salary to the judge of the county court of Mobile; which was read a first and ordered to be read a 2d time on Monday next.

Mr. Skinner obtained leave to introduce a bill, to be entitled an act more effectually to prevent breaches of the peace; which was read a first time, and ordered to be read a 2d time on Monday next.

Mr. Shackleford obtained leave to introduce a bill to be entitled an act to regulate fees in criminal cases; which was read a first time and the question being put, shall this bill be read a 2d time on Monday next?  it was decided in the negative.

Mr. McCord obtained leave to introduce a bill to be entitled an act


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for the relief of overseers of roads; which was read a first time, and ordered to be read a second time on Monday next.

On motion of Mr. Byler,  Resolved, that the committee of ways and means be instructed to inquire into the expediency of reducing the tax the ensuing year, and to tax the lands in proportion to the value thereof, instead of its quality, and to have leave to report by bill or otherwise.

An engrossed bill from the Senate, to be entitled, an act to authorise judges of the county court to practice law out of the county in which they may reside, and read a first time and ordered to be a read a second time on Monday next.

Engrossed bill to be entitled an act to repeal in part an act regulating the fees of justices, constables and lawyers, was laid on the table.

Engrossed bill from the Senate, to be entitled, an act the more effectually to ensure the testimony of absent witnesses by interrogatories, was read a 1st & 2d time. & referred the judiciary committee.

Message from the Senate by Mr. Lyon, their secretary: Mr. Speaker the Senate have read three times and passed bills, which originated in their house of the following titles, to wit: An act for the emancipation of slaves George and Sarah; an act to authorise judges of the county courts to practice law out of the county in which they may reside; an act the more effectually to obtain the testimony of absent witnesses by interrogatories; An act to alter the time of holding the county courts of Tuscaloosa, Greene and St. Clair counties: An act for the relief of George A. Glover assessor and tax collector of Lawrence county, for the year 1823; An act for rendering the decision of civil causes more speedy and less expensive than heretofore; and, An act to provide for the extinguishment of the debt due to the state of Alabama by the purchasers of lots in the town of Cahawba; in which they desire your concurrence. They have read three times and passed bills which originated in your honorable body, entitled, An act declared Flint river in Morgan county a public highway; and An act to establish a state road leading from the city of Mobile to the Mississippi state line, and have amended the same by adding a proviso to the end of the last section thereof, and by adding an additional section thereto, in which amendments they desire your concurrence.

Mr. Bagby from the judiciary committee to whom was referred the Resolution instructing them to inquire into the expediency of passing a law legalizing the acts of John Archer as acting sheriff of Mobile county since the 2d day of August last; and also of authorising the holding of a special term of the circuit court of Mobile county; have instructed me to report in regard to the first branch of the resolution, that in the opinion of your committee it would not only be a dangerous precedent, but that the Legislature has not the power consistently with the constitution to recognize as valid, or to sustain the acts any person who from misconstruction as to the continuance of his commission, or the extent of his authority, may usurp the powers, or exercise the duties of any office, and that as the constitution knows no person who can legally discharge the duties of sheriff, except such only, as may have been duly and regularly elected or appointed to that office in the one or the other of the modes prescribed by the constitution.  The acts of John Archer as acting sheriff as aforesaid must be

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left to judicial interpretation, without the aid of legislative enactment. In relation to the other branch of the said Resolution, your committee have instructed me to report by bill.

The same committee to whom was referred the Resolution instructing them to inquire into the expediency of repealing the laws which prevent femmes covert from transferring their interest in real estate before they attain the age of twenty-one years; are of opinion that it is inexpedient to alter the existing laws on that subject.

The same committee, Reported a bill to be entitled, an act providing for an extra term of the circuit court of Mobile county, which was read a first time, and the rule which requires that bills should be read on three several days being dispensed with, it was read a 2d time forthwith, and ordered to be engrossed for a 3d reading on Monday next.

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

Evening Session.

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have read three several times and passed, a joint Resolution authorising Mr. Beck a member from Wilcox county to vote in his room, in which they desire your concurrence; and then he withdrew. Resolution authorising Mr. Beck, a member from Wilcox, to vote in his room, was read a first time, and the rule which requires that bills should be read on three several days being dispensed with, it was read a 2d time forthwith; and the rule being further dispensed with- Mr. Mardis moved to amend said Resolution, which was carried; it was then read a 3d time and passed - Yeas 29- Nays 22.

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

Mr. Speaker

Dinsmoor

Mardis

Peyton

Skinner

      Baylor

Edmondson

Merriwether

Pickens of D.

Tapscot

      Baxter

Farrar

Metcalf

Pickens of G.

Vining

      Byler

Fluker

Miller

Pickett

Weissinger

      Coleman

Gaines

Moore of J.

Shackleford

Worthington-29

      Crenshaw

Lanier

Moore of Ma.

Shotwell

Those who voted in the negative, are,

Mr. Abercrombie

Cunningham

Hill

Morton

Tindall

      Bagby

Dale

Jones

Oliver

Watson- 22.

      Barton

Dickinson

Martin

Parham

      Cook

Exum

McVay

Perkins

      Creagh

Green

McCord

Ruffin

Ordered, that the clerk acquaint the Senate therewith.

A 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 authorising Mr. Beck, a member from Wilcox county, to vote in his room; and then withdrew.

Mr. Ruffin from the committee on enrolled bills, Reported that he had examined and found correctly enrolled; Resolution authorizing Mr. Beck a member from Wilcox, to vote in his room.

Engrossed bills from the Senate of the following titles to wit; An act for the relief of George A. Glover assessor and tax collector of Lawrence county for the year 1823; An act to provide for the extinguishment of the debt due to the state of Alabama by the purchasers of lots in the town of Cahawba; An act for the emancipation of slaves George and Sarah; and An act for rendering the decision of civil cau-


67

ses more speedy and less expensive than heretofore, were severally read a 1st time, and ordered to be read a 2d time on Monday next.

A message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have in pursuance of a Resolution of the two Houses appointed on their part, Messrs Murphy and Crabb, to join such committee as may be appointed on the part of your honorable body, who, together with the clerk of each of the two Houses of the General Assembly, are to receive at his room, Mr. Beck's vote, in the election of a Senator to the Congress of the United States, in which they desire your concurrence. Ordered that Messrs. Camp and Baylor be appointed a committee on the part of the House of Representatives, to join the committee appointed on the part of the Senate, to wait on Mr. Beck at his room and receive his vote in the election for Senator. Ordered that the clerk acquaint the Senate therewith.

Mr. Morton offered the following Resolution,  Resolved that a message be sent to the Senate informing that body, that the House of Representatives is convened and ready to proceed to the election of a Senator to Congress; pursuant to a joint resolution of the General Assembly. Resolved that the west end of the Representative Hall be appropriated to the accommodation of the Senate.

The Senate having repaired to the hall of the House of Representatives, the president of the Senate arose and announced that the two Houses had assembled for the purpose of electing a Senator to the Congress of the United States, from and after the 4th day of March next.

Mr. White nominated Dr. Henry Chambers for that office, and Mr. Moore of J. nominated the honorable William Kelly.

The joint committee appointed to wait on Mr. Beck at his room and receive his vote in the election of Senator then proceeded to the discharge of that duty, and after they returned made the following report.

The joint committee consisting of Messrs. Murphy and Crabb, on the part of the Senate, and Messrs. Camp, and Baylor, on the part of the House of Representatives who were appointed to wait on John Beck, a sick and absent member of the House of Representatives in order to ascertain who the said Beck would vote for to represent the state of Alabama as a Senator in the Congress of the United States, have performed that duty, and have instructed me to report, that the said committee waited on and informed the said Beck, that the legislature had assembled in the House of Representatives to elect a Senator as aforesaid, and that Messrs Chambers, and Kelly were in nomination for that office; whereupon the said Beck did vote viva voce, in the presence and hearing of said committee for the honorable William Kelly, which vote was duly recorded, and taken down by the secretary of the Senate, and the clerk of the House of Representatives.

(Signed)

R. E. B. Baylor,

James W. Camp,

Thos. D. Crabb,

John Murphy,

On the part of the Senate.

The two Houses then proceeded to vote viva voce for Senator and upon counting the votes they were found to stand thus, for Henry Chambers 41, for the honorable William Kelly 36.


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Those who voted for Henry Chambers, are

Mr. President

Shackleford

Cook

Green

Hill

Parham

     Bibb

Mr. Speaker

Creagh

Lanier

Perkins

     Conner

Abercrombie

Cunningham

Martin

Rather

     Devereux

Bagby

Dale

McVay

Ruffin

     Hopkins

Barton

Dickinson

Morton

Tapscot

     Moore

Baxter

Dinsmore

McCord

Tindall

     McVay

Byler

Exum

Mead

Watson

     Powell

Camp

Fleming

Oliver

White- 41.

Those who voted for Mr. Kelly, are

Mr. Casey

Sullivan

Farrar

Miller

Pickett

     Coats

Taggert

Fluker

Moore of J.

Shackleford

     Crabb

Wood

Gaines

Moore of Ma.

Shotwell

     McCamy

Baylor

Beck

Jones

Moore of Mo.

Skinner

     Metcalfe

Coleman

Mardis

Peyton

Vining

     Murphy

Crenshaw

Merriwether

Pickens of D.

Weissinger

     Smith

Edmondson

Metcalf

Pickens of G.

Worthington- 36.

Dr. Henry Chambers having received a majority of the whole number of votes was declared by Mr. Speaker to be duly elected a Senator to represent this state, in the Congress of the United States, for the term of 6 years, from and after the 4th day of March next.

The election having been completed the Senate withdrew.

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