Friday, December 23, 1825.

Mr. Greening presented the account of John Dean; which was read and referred to the committee on accounts.

Mr. Benson presented the petition of sundry citizens of Montgomery county, praying the passage of a law granting leave to form a company, and an act of incorporation; which was read and referred to the military committee.

Mr. Barton of Mo. presented the petition of sundry inhabitants of the city and county of Mobile, praying the passage of a law for the erection and protection of buoys in the bay of Mobile; which was read and referred to the committee on inland navigation.

Mr. Barton of Mo. presented the petition of George Shaeffin, praying the passage of a law authorizing him to administer on the estate of


109

Curnear Frazer; which was read & referred to the judiciary committee.

Mr. Bailey of Lau. presented the account of Mark Shelton; which was read and referred to the committee on accounts.

Mr. Mead, from the committee on divorce and alimony, to whom was referred the record and proceedings of the circuit court of Greene county, exercising chancery jurisdiction in the case of Sarah Wall vs. James Wall for divorce, reported a bill to be entitled an act to divorce Sarah Wall from James Wall; which was read a first time and ordered to be read a second time.

Mr. Mead, from the committee on divorce and alimony, to whom was referred the record and proceedings of the circuit court of Franklin county, exercising chancery jurisdiction in the case of William Gates vs. Susannah Gates, for divorce, reported a bill to be entitled an act to divorce William Gates from Susannah Gates; which was read a first time and ordered to be read a second time.

Mr. Mead, from the committee on divorce and alimony, to whom was referred the record and proceedings of the circuit court of Butler county, exercising chancery jurisdiction in the case of Samuel Paine vs. Elizabeth Paine, for divorce, reported a bill to be entitled an act to divorce Samuel Paine from his wife, Elizabeth Paine; which was read a first time and ordered to be read a second time.

A message from the Senate, by Mr. Lyon, their secretary:   Mr. Speaker, the Senate have read three times and passed a bill, which originated in their House, entitled an act to extend the time of appointing overseers of roads and apportioners of hands in this state, and for other purposes; in which they desire your concurrence. They have also read three times and passed a bill, which originated in the House of Representatives, entitled an act to prohibit the further granting licenses for gaming, and have amended the same by striking from the first section of the bill, the words "one half of the fine to be paid to the informer," who is duly declared to be a competent witness, and the other half into "the treasury of the county where such offence is committed," and also by adding thereto two additional sections; in which amendments they desire your concurrence. They have also read three times and passed a bill, which originated in the House of Representatives, entitled an act the more effectually to prevent the trading with slaves and for other purposes; and have amended the same by striking from the first section of the bill "one thousand dollars," the extent of the fine to be imposed for a violation of the act, and inserting "one hundred dollars," and also by striking out the "2d, 3d, 4th and 5th sections" of the bill, and also the "proviso to the 6th section ;" in which amendments they desire your concurrence. They have also read three times and passed a bill, which originated in the House of Representatives, entitled an act to establish a permanent seat of justice in the county of Jackson and for other purposes, and have amended the same in the manner herewith shewn; in which amendments they ask the concurrence of your honorable body. And then he withdrew.

Mr. Dellett, from the judiciary committee, to whom was referred a resolution of this House, instructing them to inquire into the expediency of providing, by law, some mode for the emancipation of slaves, reported a bill to be entitled an act regulating the mode of emancipating slaves; which was read a 1st time & ordered to be read a 2d time.

Mr. Dellett, from the judiciary committee, to whom was referred a bill, to be entitled an act for the relief of Waller Drew, John Gayle, sen. and Wade H. Greening, reported in lieu thereof, a bill to be entitled an act granting relief to parties in the Supreme court, in certain cases; which was read a first time, and the rule which requires bills to


110

be read on three several days being dispensed with, four-fifths of the members present voting in the affirmative, it was read a second time forthwith, and ordered to be engrossed for a third reading to-day.

Mr. Dellett, from the judiciary committee, to whom was referred a resolution, directing them to inquire into the expediency of providing by law, that all county treasurers to be required to pay county claims according to their respective dates, and to require clerks of courts to lay before the treasury all accounts which may have been allowed, with their respective dates, within _____ days thereafter, reported that it is inexpedient to legislate on the subject, as contemplated by the ressolution; in which report the House concurred.

Mr. Dellett, from the judiciary committee, to whom was referred an engrossed bill, from the Senate, to be entitled an act the better to secure money in the hands of clerks, sheriffs and coroners, reported the same without amendment.

Mr. Dellett from the judiciary committee, to who was referred a bill to be entitled an act the more effectuall to secure payment of costs of suit, instituted in this state, reported the same without amendment.

Mr. Barton of Tus. from the committee on ways and means, to whom was referred the petition of sundry citizens of the city and county of Mobile,  reported a bill to be entitled an act for the relief of the tax collector of Mobile county; which was read a first time and ordered to be read a second time.

Mr. Hallett, form the committee on accounts, to whom was referred the account of Jesse Grime, who attended as a witness between James G. Lyon and P. T. Harris, in a contention for a seat in the general assembly as representative from Washington, and for which services the said Grimes claims the sum the sum of seventy dollars, reported that there is no law authorizing the payment of said claim out of the treasury of this state, and ask to discharged from the further consideration of the same; which was agreed to.

Mr. Hallett, from the committee on accounts, to whom was referred the petition and account of Hugh Henry, late sheriff of Bibb county, for provisions furnished certain prisoners in the jail of said county, during the years 1823 and 1824, reported, that said account is not authenticated according to the mode prescribed by law, and ask leave to be discharged from the further consideration thereof; which was agreed to.

Mr. Hallett, from the committee on accounts, to whom was referred the account of William B. Wells, sheriff of Clarke county, for boarding Thomas Redding, a prisoner, committed to a jail of said county, on a charge of murder, reported, that said account is not authenticated according to law, and ask leave to be discharged from the further consideration thereof; which was agreed to.

Mr. Lewis obtained leave to introduce a bill, to be entitled an act to amend the law now in force, relative to the duties of county treasurer of this state, which was read a first time & ordered to be read a 2d time.

Mr. Peyton obtained leave to introduce a bill ,to be entitled an act further to provide for the punishment of malicious mischief; which was read a first time, and ordered to be read a second time.

Mr. Vaughan obtained leave to introduce a bill, to be entitled an act authorizing the citizens of Sommerville to elect a justice of the peace, which was read a first time, and ordered to be read a 2d time.


111

Mr. Tate, from the committee on inland navigation, to whom was referred an engrossed bill from the Senate, to be entitled an act to authorize Joseph Price to erect a mill dam across the Mulberry fork of the Tuscaloosa river, reported the same without amendment.

Mr. Watson obtained leave to introduce a bill, to be entitled an act to repeal in part and amend an act, entitled an act for the punishment of malicious mischief; which was read a first time, and ordered to be read a second time.

Mr. Tate, from the committee on inland navigation, to whom was referred the memorial of Nelson Robinson and his associates, reported that the same is unreasonable, and ought not to be granted; in which report the House concurred.

Mr.  Creagh obtained leave to introduce a bill, to be entitled an act to incorporate the Basset Creek navigation company; which was read a first time, and ordered to be read a second time.

Engrossed bill, to be entitled an act, granting relief to parties in the supreme court, in certain cases, was read a third time and passed. Ordered, that the title be changed from that of a bill to that of an act. Ordered, that the same be sent to the Senate for their concurrence.

On motion of Mr. Broadnax, Resolved, that the military committee be instructed to inquire into the expediency of promoting the majors commanding battalions in the state of Alabama, by seniority, to that of lieutenant colonel.

The House proceeded to the orders of the day. A bill to be entitled an act to establish a seventh judicial circuit was laid on the table.

A bill to be entitled an act to establish a supreme court and a court of chancery, was taken up. Mr. Hickman moved that the further consideration thereof be postponed till the first day of June next; which was lost. Yeas 28, nays 34.

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

Mr. Armbrister

Coe

Dupuy

Martin of Fra.

Warren

      Bailey of L.

Coleman

Edmondson

Mead

Watson

      Baxter

Cook

Fluker

McLemore

Weissinger

      Broadnax

Conner

Hickman

Neill

White- 28

      Brown

Creagh

Jones

Saffold

      Coalter

Davis

Mardis

Shotwell

Those who voted in the negative, are

Mr. Speaker

Bridges

Heard

Moore

Thornton

      Bailey of Mont.

Coopwood

Inge

Morton

Tindall

      Barton of Tus.

Crenshaw

King

Oliver

Vaughan

      Barton of Mo.

Dellett

Lewis

Peyton

Vining

      Baylor

Fitzpatrick

Martin of Lim. Pickens

Walthall

      Benson

Greening

Martin of Lau. Sims

Williams- 34

      Brandon

Hallett

McNeill

Tate

 

A 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 circuit judges for the several circuits in this state, a comptroller and state treasurer, on Tuesday next at the hour of two o'clock, P. M. They also concur in the resolution of your honorable body, proposing to elect an attorney general and solicitor of the second judicial circuit, this evening, at the hour of seven o'clock. And then the House adjourned till three o'clock this evening.

Evening Session, 3 o'clock- The House resumed the consideration of a bill to be entitled an act to establish a supreme court and a court of chancery.


112

Mr. Greening moved to amend the same by adding the following proviso at the end of the 4th section:   Provided, that if there be more than one defendant, the suit may be commenced in any circuit court, in which either of said defendants may reside; and provided also, that bills of injunction shall be filed in the chancery district in which the judgment at law, was rendered;" which was adopted.

Mr. Greening further moved to amend the same by striking out of the 3d section and 7th line, the words "and of," and inserting in lieu thereof the words "and attachment ;" which was carried.

Mr. Williams moved an amendment by way of proviso, at the end of the 3d section:   "Provided, that the chancellor, who may give any decree or order, from which an appeal writ of error may be taken, shall not give any opinion in such case, in the supreme court ;" which was adopted.

Mr. Martin of Li. moved to amend the 3d section and 6th and 7th lines, by inserting, after the word "of," the words "making decrees or petitions for divorce and ;" which was carried.

Mr. Martin moved further to amend the same by striking out "circuit" and inserting in lieu thereof "district," whenever it relates to chancery jurisdiction; which was adopted.

Mr. Barton of Tus. moved to amend the 7th section and 2d line, by striking out the words "master also," and inserting "a chancery clerk, as shall be required by the chancellor making the appointment, which bond and security shall be approved of by the judge of the county court of the county for which said commissioner shall be appointed;" which was carried.

Mr. Barton moved further to amend the same by adding thereto two additional sections, which was carried. Mr. Baylor moved to amend the same in the 1st section, 6th line, by inserting after the word court the words a majority of its members being present, which was carried.

Mr. Bridges moved to amend the same by striking out Tuscaloosa and inserting seat of government in the 2d section and 13th line,  which was carried. Mr. Coopwood moved to amend the same by striking out the 12th section, which was carried. Mr. Mead moved to amend the 2d section and 6th line, by striking out Blount and inserting St. Clair, which was carried. Mr. Mead moved further to amend the same by striking out of the 7th line and 2d section, the words St. Clair, and inserting in lieu thereof, the word Blount,  which was carried. Said bill was then read a 2d time as amended, and the question being put, shall the bill be engrossed and read a third time? it was determined in the negative -  yeas 27- nays 34.

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

Mr. Speaker

Bridges

Hallett

McNeill

Sims

      Barton of Mo.

Crenshaw

Heard

Moore

Tate

      Barton of T.

Dellett

Inge King

Morton

Thornton

      Benson

Fitzpatrick

Lewis Lyon

Oliver

Vaughan

      Brandon

Greening

Martin of Li.

Pickens

Vining- 27.

Those who voted in the negative, are

Mr. Armbrister

Coalter

Davis

Martin of F.

Shotwell

      Bailey of L.

Coe

Dupuy

Martin of La.

Walthall

      Bailey of Mt.

Coleman

Edmondson

Mead

Warren

      Baylor

Cook

Fluker

McLemore

Watson

      Baxter

Conner

Hickman

Neill

Weissinger

      Broadnax

Coopwood

Jones

Peyton

White- 35

      Brown

Creagh

Mardis

Saffold

 


113

A message from his excellency the governor, by James I. Thornton, secretary of state, which is as follows:   Executive Department, December 23, 1825.

     To the Hon. the Speaker and Members of the House of Representatives.

GENTLEMEN- I have the honour herewith to transmit you the resignation of Constantine H. Perkins, solicitor of the third judicial circuit

I have the honor to be, very respectfully yours, &c.                   JOHN MURPHY.

Mr. Coopwood moved that the House do now take up a bill to be entitled an act to fix the compensation of the judges of the circuit court; which was determined in the negative.   Yeas 25, nays 37.

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

Mr. Armbrister

Brown

Dupuy

Mead

Tate

       Bailey of La.

Coe

Edmondson

McNeill

Vaughan

       Baxter

Coleman

Jones

Morton

Weissinger

       Brandon

Coopwood

King

Peyton

White

       Bridges

Davis

Martin of Lim.

Shotwell

Williams

Those who voted in the negative, are

Mr. Speaker

Coalter

Fluker

Martin of Fra.

Sims

       Bailey of Mt.

Cook

Greening

McLemore

Thornton

       Barton of Mo.

Conner

Hallett

Moore

Tindall

       Barton of T.

Creagh

Heard

Neill

Vining

       Baylor

Crenshaw

Hickman

Oliver

Walthall

       Benson

Dellett

Inge      Lewis

Pickens

Warren

       Broadnax

Fitzpatrick

Lyon

Mardis

Saffold

Watson- 37.

Mr. Mardis, offered the following resolution; Resolved that this House will receive no new business after Thursday next, except petitions. Ordered that said resolution lie on the table.

Mr. Moore obtained leave to introduce a bill to be entitled an act concerning executors and administrators which was read a first time and ordered to be read a 2d time.    A bill to be entitled an act to establish a 7th judicial circuit, was read a 2d time.  Mr. Walthall moved that the further consideration thereof be indefinitely postponed, which was lost. Said bill was referred to a select committee, consisting of Messrs. Coalter, Oliver, Creagh, Mardis, Martin of La. and Benson, to consider and report thereon.

Mr Bridges obtained leave to introduce a bill to be entitled an act to authorize copies of official bonds to be given in evidence, in the several courts of law and equity in this state, which was read a first time and ordered to be read a 2d time. And the House adjourned till half past 6 o'clock this evening.

Evening Session, half past 6 o'clock. On motion of Mr. Morton, resolved that the Senate be now invited to assemble in the Representative Hall, for the purpose of electing a solicitor for the 2d judicial circuit, and attorney general, agreeable to a former resolution, and that the west end of the hall be appropriated for their reception. The Senate having repaired to the Hall of the House of Representatives, both Houses proceeded to the election of an attorney general for the state of Alabama; Constantine H. Perkins being in nomination- for Mr. Perking 82 votes. Those who voted for Mr. Perkins, are

Mr. President

Powell

Coalter

Hickman

Oliver

      Abercrombie

Skinner

Coe Cook

Inge

Peyton

      Ash

Sullivan

Coleman

Jones   King

Pickens

      Bagby

Vanhoose

Conner

Lambert

Saffold

      Casey

 Mr. Speaker

Coopwood

Lewis

Shotwell

      Clay

Armbrister

Creagh

Lyon

Sims

      Crabb

Bailey of L.

Crenshaw

Mardis

Tate

      Crawford

Bailey of Mont

Davis

Martin of Fra

Tindall

      Gaines

Barton of Mo.

Dellett

Martin of Lau.

Vaughan

       Irwin

Baylor

Dupuy

Martin of Li.

Vining

      Jackson of Au.

Baxter

Edmondson

Mead

Walthall

      Jackson of La.

Benson

Fitzpatrick

McLemore

Warren

      Jones

Brandon

Fluker

McNeill

Watson

      McCamy

Bridges

Greening

Moore

Weissinger

      Merriwether

Broadnax

Hallett

Morton

White

      Miller

Brown

Heard

Neill

Williams-82

15


114

Constantine H. Perkins, having received all the votes present, was declared by Mr. Speaker to be duly elected attorney general for the state of Alabama, and ex-officio solicitor of the 3d judicial circuit. The two Houses then proceeded to the election of a solicitor, for the second judicial circuit.    Henry Goldthwaite, John H. Thorington, and Ezekiel Pickens, being in nomination. For Mr. Goldthwaite, 32; Mr. Thorington, 28; Mr. Pickens, 22 votes.

Those who voted for Mr. Goldthwaite, are

Mr. Abercrombie

Bailey of Mt.

Cook

Hickman

McNeill

       Ash   Bagby

Barton of M.

Creagh

Lyon

Morton

       Clay, Crabb

Baylor

Davis

Martin of F.

Oliver

        Irwin

Benson

Dellett

Martin of L.

Vaughan

        Jackson of L.

Brandon

Fitzpatrick

Martin of Li.

Watson

        Miller

Broadnax

Greening

McLemore

White- 32.

Those who voted for Mr. Thorington, are

Mr. President

Bailey of La.

Conner

Inge Jones

Tindall

       Crawford

Baxter

Crenshaw

Lambert

Walthall

       Jackson of A.

Bridges

Dupuy

Lewis

Williams- 28.

       Jones

Coalter

Edmondson

Mead

       McCamey

Coe

Hallett

Peyton

       Powell

Coleman

Heard

Tate

Those who voted for Mr. Pickens, are

Mr. Casey

Sullivan

Brown

Moore   Neill

Sims

       Gaines

Vanhoose

Coopwood

Pickens

Vining

       Merriwether

Mr. Speaker

Fluker

Saffold

Warren

       Skinner

Armbrister

King Mardis

Shotwell

Weissinger- 22

Neither of the candidates having received a majority of the whole number of votes, the two Houses proceeded to vote a second time for solicitor of the second judicial circuit; the same persons in nomination -  for Goldthwaite 32, Thorington 29, Pickens 23.  Those who voted for Mr. Goldthwaite, are the same as those who voted for him on the first time. Those who voted for Mr. Thorington, are the same as those who voted for him the first time, with the addition of Mr. Thornton. Those who voted for Mr. Pickens, are the same as those who voted for him the first time, and Mr. Barton of Tus. in addition.

Neither having received a majority of the whole number on the second vote, the two Houses proceeded to vote a third time for solicitor; the same in nomination -  for Mr. Goldthwaite 34, Mr. Thorington 31, Mr. Pickens 19.

Those who voted for Mr. Goldthwaite, are

Messrs. Ash

Miller

Cook

King

McNeill

        Abercrombie

Bailey of Mt.

Creagh

Lyon

Morton

        Bagby

Barton of Mo.

Davis

Mardis

Oliver

        Clay

Baylor

Dellett

Martin of Fr

Vaughan

        Crabb

Benson

Fitzpatrick

Martin of La.

Watson

        Irwin

Brandon

Greening

Martin of Li.

White- 34

      Jackson of L.

Broadnax

Hickman

McLemore

Those who voted for Mr. Thorington, are

Mr. President

      Mr. Armbrister

Coe

Hallett

Mead

      Crawford

Bailey of L.

Coleman

Heard

Peyton   Tate

      Jackson of A.

Baxter

Conner

Inge

Thornton

      Jones

Bridges

Crenshaw

Jones

Tindall

     McCamy

Brown

Dupuy

Lambert

Walthall

     Powell

Coalter

Edmondson

Lewis

Williams- 31.

Those who voted for Mr. Pickens, are

Mr. Casey

Sullivan

Coopwood

Pickens

Vining

      Gaines

Vanhoose

Fluker

Saffold

Warren

      Merriwether

Mr. Speaker

Moore

Shotwell

Weissinger- 19

      Skinner

Barton of Tus

Neill

Sims

Neither having received a majority of the whole number, the two Houses pro-


115

ceeded to vote a fourth time for solicitor;  the same persons in nomination- for Mr. Goldthwaite 35, Mr. Thorington 35, Mr. Pickens 14.

Those who voted for Mr. Goldthwaite, are

Messrs. Ash

Mr. Bailey of Mo.

Creagh

King

McNeill

        Abercrombie

Barton of Mo.

Davis

Lyon

Morton

        Bagby

Baylor

Dellett

Mardis

Oliver

        Clay

Benson

Fitzpatrick

Martin of Fr.

Vaughan

        Crabb

Brandon

Fluker

Martin of La.

Vining

        Irwin

Broadnax

Greening

Martin of Li.

Watson

        Miller

Cook

Hickman

McLemore

White- 35

Those who voted for Mr. Thorington, are

Mr. President

Mr. Armbrister

Coleman

Heard

Peyton

       Crawford

Bailey of La.

Conner

Inge

Shotwell

       Jackson of A.

Baxter

Coopwood

Jones

Tate

       Jackson of L.

Bridges

Crenshaw

Lambert

Thornton

       Jones

Brown

Dupuy

Lewis

Tindall

       McCamy

Coalter

Edmondson

Mead

Walthall

       Powell

Coe

Hallett

Neill

Williams- 35

Those who voted for Mr. Pickens, are

Mr. Casey

Skinner

Mr. Speaker

Pickens

Warren

       Gaines

Sullivan

Barton of Tus

Saffold

Weissinger- 14

       Merriwether

Vanhoose

Moore

Sims

Neither having been elected, the two Houses proceeded to vote a fifth time for solicitor of the second judicial circuit; Henry Goldthwaite and John H. Thorington being in nomination -  for Mr. Goldthwaite 43, for Mr. Thorington 41.

Those who voted for Mr. Goldthwaite, are

Messrs. Ash

Skinner

Broadnax

Hickman

Moore

       Abercrombie

Vanhoose

Cook

King   Lyon

Morton

       Bagby

Mr. Speaker

Creagh

Mardis

Oliver

       Casey

Bailey of Mt.

Davis

Martin of Fr.

Saffold

       Clay, Crabb

Barton of Mo.

Dellett

Martin of La.

Vaughan

       Gaines Irwin

Baylor

Fitzpatrick

Martin of Li.

Vining

       Jackson of L.

Benson

Fluker

McLemore

Watson

       Miller

Brandon

Greening

McNeill

White- 43

Those who voted for Mr. Thorington, are

Mr. President

Mr. Armbrister

Coleman

Inge   Jones

Sims

       Crawford

Bailey of La.

Conner

Lambert

Tate

       Jackson of A.

Barton of T.

Coopwood

Lewis

Thornton

       Jones

Baxter

Crenshaw

Mead

Tindall

       McCamy

Bridges

Dupuy

Neill

Walthall

       Merriwether

Brown

Edmondson

Peyton

Warren

       Powell

Coalter

Hallett

Pickens

Weissinger

       Sullivan

Coe

Heard

Shotwell

Williams- 41

Henry Goldthwaite having received a majority of the whole number of votes, was declared, by Mr. Speaker, to be duly elected solicitor of the second judicial circuit. The elections having been completed the Senate withdrew, and the House adjourned till tomorrow morning 10 o'clock.