Thursday, December 8, 1825.

Message from the Senate by Mr. Lyon, their secretary:   Mr. Speaker, the Senate concur in the resolution of your honorable body, inviting them to assemble in the Representative Hall this day at the hour of 3 o'clock, P. M. for the purpose of electing a solicitor for the 6th judicial circuit in this state, and have amended the same by adding the words and judges of the county courts of Dale, Fayette and Marion counties; in which amendment they desire your concurrence. They have read three times and passed bills and a memorial to Congress, which originated in their house, of the following titles, to wit:   An act the better to secure money in the hands of clerks, sheriffs and coroners; An act to repeal an act entitled an act to regulate proceedings in chancery suits; An act to repeal an act, passed Dec. 31, 1823, appropriating the monies arising from fines and forfeitures in Madison county to Greene Academy; and,  A memorial to the Congress of the United States, praying further relief to the purchasers of public land:   in all of which they desire your concurrence. In which amendment the House concurred.

Engrossed bills from the Senate of the following titles, to wit:   An act to repeal an act, passed Dec. 31, 1823, appropriating the monies arising from fines and forfeitures in Madison county to Greene Academy; An act the better to secure money in the hands of clerks, sheriffs and coroners; An act to repeal an act entitled an act to regulate proceedings in chancery suits, were severally read a first time and ordered to be read a second time.  Engrossed memorial of the Senate and House of Representatives of the state of Alabama in General Assembly convened, to the Congress of the United States, was read a first time and ordered to be read a second time.

Mr. Williams presented a memorial of sundry persons, which was read and laid on the table.

Mr. Pickens presented a memorial of sundry persons which was read and laid on the table.

Mr. Moore presented the petition of Benjamin Lock, praying the passage of a law to emancipate a certain slave therein named, which was read and referred to a select committee, consisting of Messrs. Moore, Lyon and Fluker.

Mr. Barton of Mob. presented the memorial of sundry inhabitants of Mobile, praying the passage of a law making suitable provision for the endowment and support of a system of free schools, which was read and referred to the committee on schools, colleges and universities, and school and university lands.

Mr. Dellett, from the judiciary committee to whom was referred the petition of John S. Moore, guardian of Wm. Ann O. Murray, praying the passage of an act to authorize him to sell the real estate of his ward, reported that the prayer of the petitioner is unreasonable and ought not to be granted:   in which report the House concurred.

Mr. Dellett from the judiciary committee, to whom was referred the petition of Benjamin Ingram, administrator of the estate of  Wm. Crittendon, and Elizabeth Crittendon, praying the passage of a law to authorize the aforesaid administrator to purchase real estate and apply certain personal property of the estate of his intestate to the payment: reported, that the prayer of the petitioner is unreasonable and ought not to be granted; in which report the House concurred.


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Mr. Dellett from the judiciary committee, to whom was referred a bill to be entitled an act to provide for the payment of petit jurors in the counties of Blount and Montgomery, reported  that it would be inexpedient to pass said bill. Ordered, that said bill be recommitted to the judiciary committee.

Mr. Oliver, presented the record and proceedings of the circuit court of Butler county, exercising chancery jurisdiction in the case of Sam. Payne, vs. Elizabeth Payne, for divorce; which was read and referred to the committee on divorce and alimony.

Mr. Davis, introduced a resolution proposing amendments to the constitution; which was read a first time, and ordered to be read a second time.

Mr. Coalter, from the committee on schools, colleges and universities, and school and university lands, to whom was referred a bill to be entitled an act to locate the university of the state of Alabama- Reported a bill in lieu thereof, to be entitled an act to locate permanently the university of the state of Alabama; in which report the House concurred.

A resolution proposing certain amendments to the constitution of the state of Alabama, was taken up, and referred to a committee of the whole House on Tuesday next.

Joint resolution, proposing to appoint commissioners to examine certain sites for the location of the seat of government of the state of Alabama; was read a third time, and the question being put, shall this resolution pass?  it was decided in the affirmative. Yeas 36, nays 28.

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

Mr. Speaker

Coleman

Hallett

Martin of La.

Pickens

       Bailey of Mt.

Cook,   Creagh

Jones

Mead

Saffold

       Barton of Mo.

Crenshaw

King

McLemore

Shotwell

       Beason

Davis

Lambert

McNeill

Vining

       Brandon

Dellett

Lewis

Moore

Walthall

       Bridges

Fitzpatrick

Mardis

Morton

Watson

       Broadnax

Greening

Martin of Fr.

Oliver

Weissinger- 36

Those who voted in the negative, are

Mr. Armbrister

Coalter

Fluker

Neal

Vaughan

       Bailey of L.

Coe

Heard

Peyton

Warren

       Barton of T.

Conner

Hickman

Sims

White

       Baylor

Coopwood

Inge

Tate

Williams- 28

       Baxter

Dupuy

Lyon

Thornton

       Brown

Edmondson

Martin of Li.

Tindall

Ordered, That the title be as aforesaid. Ordered, that the same be sent to the senate for their concurrence.

On motion of Mr. Coopwood, Resolved, That the judiciary committee be instructed to inquire into the expediency of giving parties appealing from justices courts liberty to execute an appeal bond in court when the bond by which the suit was brought up is decided to be insufficient.

Mr. Broadnax obtained leave to introduce a bill to be entitled an act to alter the manner of electing major and brigadier generals; which was read a first time, and ordered to be read a second time.

The House adjourned till half past 2 o'clock.

Evening Session, half past 2 o'clock.- Engrossed bill form the Senate to be entitled an act for the relief of Hiram Shortridge was read a third time and passed. Ordered, that the clerk acquaint the Senate


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therewith. Mr. Speaker laid before the House a report of the Comptroller, which was read and referred to the joint committee appointed on the State Bank.

Ordered, that the report of the judiciary committee on the petition of Egbert Harris, John Braham and Simon Turner, be laid on the table.

On motion of Mr. Morton, Resolved, that the Senate be now invited to assemble in the Representative Hall for the purpose of going into an election of a solicitor in the 6th judicial circuit, and judges for sundry counties, agreeable to a former resolution and that the west end of the Hall be appropriated for their reception.

Mr. Mead presented the petition of sundry inhabitants of Blount Co. praying the passage of a law authorizing Wm. McDonald, miller, to grind wheat on Tuesdays and Fridays in each week, from the 15th May till the 15th October, in each year; which was read and referred to the select committee, consisting of Messrs. Mead, Lyon and Jones, to consider and report thereon.

The Senate having repaired to the hall of the House of Representatives, both Houses proceeded to the election of a solicitor of the 6th judicial circuit, Benj. Fizpatrick and Samuel W. Mardis being in nomination. For Mr. Fitzpatrick 65- For Mr. Mardis 16.

Those who voted for Mr. Fitzpatrick, are

Mr. President

Powell

Brown

Hallett

Oliver

      Ash

Skinner

Coalter

Heard

Pickens

      Bagby

Sullivan

Coe

Hickman

Saffold

      Casey

Vanhoose

Cook

King

Shotwell

      Crabb

Mr. Speaker

Conner

Lambert

Sims

      Crawford

Armbrister

Coopwood

Lyon

Tate

      Gaines

Bailey of Mt.

Crenshaw

Martin of Fr.

Vaughan

      Jackson of A.

Bailey of Mo.

Davis

Martin of La.

Vining

      Jackson of L.

Baxter

Dellett

McLemore

Walthall

      Irwin

Benson

Edmondson

McNeill

Warren

      Jones

Brandon

Fitzpatrick

Moore

Watson

      Merriwether

Bridges

Fluker

Morton

Weissinger

      Miller

Broadnax

Greening

Neill

White- 65

Those who voted for Mr. Mardis, are

Mr. Abercrombie

Baylor

Dupuy

Martin of Li.

Thornton

      Brown

Coleman

Inge         Jones

Mead

Tindall

      Barton of Tus.

Creagh

Lewis

Peyton

Williams- 16

Benjamin Fitzpatrick having received a majority of the whole number of vote was declared, by Mr. Speaker, to be duly elected Solicitor for the sixth judicial circuit in this state.

The two Houses then proceeded to elect a Judge for the county court of Dale county; Isaac Ledbetter alone being in nomination. For Mr. Ledbetter 83 votes.

Those who voted for Mr. Ledbetter, are,

Mr. President

Jackson of L.

Bailey of Mt.

Coe

Fitzpatrick

      Abercrombie

Jones

Barton of Mo.

Coleman

Fluker

      Ash

McCamy

Barton of Tus.

 Cook

Greening

      Bagby

Merriwether

Baylor

Conner

Hallett

      Brown

Miller

Baxter

Coopwood

Heard

      Casey

Powell

Benson

Creagh

Hickman

      Crabb

Skinner

Brandon

Crenshaw

Inge

      Crawford

Sullivan

Bridges

Davis

Jones

      Gaines

Vanhoose

Broadnax

Dellett

King

       Irwin

      Mr. Speaker

Brown

Dupuy

Lambert

       Jackson of A.

 Armbrister

Coalter

Edmondson

Lewis

9


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Lyon

McLemore

Peyton

Thornton

Watson

Mardis

McNeill

Pickens

Tindall

Weissinger

Martin of Fr.

Moore

Saffold

Vaughan

White

Martin of La.

Morton

Shotwell

Vining

Williams

Martin of Li.

Neill

Sims

Walthall

Mead

Oliver

Tate

Warren

Isaac Ledbetter having received all the votes present, was declared by Mr. Speaker, duly elected judge of the county court of Dale county.

The two Houses then proceeded to elect a judge of the county court of Fayette county; John Shipp alone being in nomination:   for Mr. Shipp 76 votes.

Those who voted for Mr. Shipp are the same as those who voted in the election for the judge of the county court of Dale county, except Messrs. Bagby, Casey, and Clay, of the Senate and Messrs. Barton of T. Coe, Mead and Morton of the House of Representatives. John Ship having received a majority of the whole number of votes, was declared, by Mr. Speaker, to be duly elected judge of the county court of Fayette county.

The two Houses then proceeded to the election of a judge of the county court of Marion county, De La F. Roysdon alone being in nomination -  for Mr. Roydon 77 votes. Those who voted for Mr. Roysdon are the same as those who voted in the election for judge of the county court of Fayette county. De La F. Roysdon having received a majority of the whole number of votes, was declared, by Mr. Speaker, to be duly elected judge of the county court of Marion county.

The House adjourned till 10 o'clock tomorrow morning.