On motion of Mr. Hogg the following resolution was adopted. Resolved that a military committee be appointed consisting of three members- whereupon Messrs. Hogg, Gause, and Conner were appointed.
On motion of Mr. Garth the following resolution was adopted, Resolved that the standing committees, have leave to report by bill or otherwise, on all subjects referred to them.
On motion of Mr. Garth the Senate according to the order of the day resolved itself into committee of the whole house on the message of His Excellency the Governor, of the 26th instant, Mr Chambers in the chair. And after some time spent therein, Mr. Speaker resumed the chair and Mr. Chambers reported that the committee had according to order had the message of His Excellency the Governor under consideration, and made some progress therein, but not having time to go through with the same, and instructed him to ask leave to sit again which was granted.
It passed in the affirmative.
Message from the House of Representatives by Messrs. Owen and Chapman.
The House of Representatives have disagreed to the resolution of your honorable body, respecting the election of Senators to the Congress of the United States, and have adopted the following resolution in which they desire your concurrence.- Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, that in all elections, by the General Assembly, votes shall be given for one election only at the same time; and that a majority of the whole number of votes shall be necessary to a choice, that the members of both houses will assemble in the Representative Chamber, and the names of the members of each house shall be called by their respective clerks, whereupon the President of the Senate, and Speaker of the House of Representatives shall ascertain the result which shall be announced by the Speaker.
On motion, ordered that the Senate do concur in said resolution, and a message be sent to the house of representatives informing them thereof.
On motion of Mr. Casey, according to the order of the day the senate resolved itself into a committee of the whole on the message of his Excellency the Governor- Mr. Moore in the chair, and after some time spent therein Mr. President resumed the chair, and Mr. Moore reported that the committee had according to order had the message of his Excellency the Governor and the subjects therein contained under consideration and beg leave to propose the adoption of the following resolutions.
Resolved, that so much of the Governor's message as relates to education, and the school lands given by the congress of the United States to the state of Alabama, be referred to the committee of schools and colleges.
Resolved, that so much of the message of his Excellency the Governor, as relates to roads, and riv-
ers, be referred to the committee on roads and navigation.
Resolved, that so much of the message of the Governor as relates to the general revision of the existing statutes, be referred to the committee on the judiciary.
Resolved, that so much of the message of the Governor as relates to elections be referred to the committee of privileges and elections.
Resolved, that so much of the message of his Excellency the Governor as relates to the organization of the Judiciary department and the appointment of judges, be referred to the committee on the Judiciary.
Resolved, that so much of the message of his Excellency the Governor, as relates to county officers, and offences committed on Indian lands, be referred to the committee on the Judiciary.
Resolved, that so much of the message of his Excellency the Governor, as relates to the accounts existing between the state of Alabama and the state of Mississippi, be referred to the committee of finance.
Resolved, that so much of the message of his Excellency the Governor as relates to public arms, and militia be referred to the military committee.
Resolved, that so much of his Excellency the Governor's message as relates to the census be referred to a select committee.
Resolved, that so much of his Excellency the Governor's message as relates to the town of Cahawba, be referred to a select committee.
All of which were severally read and adopted.
On motion, ordered that the resolution from the House of Representatives regulating elections by the General Assembly be enrolled.
The committee on enrolled bills have leave of absence from the House.
Mr. Casey presented the petition of sundry citi-
zens of Dallas county, praying that laws may be passed for the relief of John Read, who was employed to build a jail for said county by the court thereof-which was read, and on motion, ordered to lie on the table.
Mr Moore from the joint committee for enrolled bills, reported that the committee had examined the enrolled resolution, regulating elections by the General Assembly, and found the same to be truly enrolled- whereupon
Mr. President signed the said enrolled resolution.
Ordered that a message be sent to the house of representatives, informing them thereof:
Ordered that said enrolled resolution be presented to his Excellency the Governor for his approbation.
Mr. Moore, from the committee of enrolled bills, reported, that the committee has presented to his Excellency the Governor, for his approbation, the joint resolution regulating Elections by the General Assembly as enrolled.
Message from his Excellency the Governor, by Mr. Willis Roberts, his private secretary.
I am instructed by his Excellency the Governor, to inform you, that he has this day approved and signed a joint resolution which originated in this body, regulating Elections by the General Assembly.
Message from the House of Representatives, by Messrs. Chapman and Dillihunty.
We are instructed by the House of Representatives to inform you that they are ready to receive your honorable body in their chamber for the purpose of electing two Senators from this state to the Congress of the United States, and then withdrew. Whereupon the members of the Senate preceeded by their secretary repaired to the Representatives chamber- When they had taken their seats- The
two houses jointly proceeded to vote viva voce for a Senator to represent this state in the Congress of the United States. Mr. President and Mr. Speaker having ascertained the result, Mr. Speaker announced that William R. King having a majority of the whole number of votes, was duly elected.
Those who voted for Mr. King, were,
Messrs President, Casey, Conner, Chambers, Farmer, Gause, Harwell, Hogg, Hanby, Herbert, Metcalf, Rose, Trotter, Watkins, Ware.
Mr Speaker, Byler, Burney, John Brown, Bates, Cleveland, Creagh, Chapman, Carson, Dale, Dennis, Davis, Edmunson, Exum, Everett, P. Fitzpatrick, J. Fitzpatrick, Gerrard, Hill, Hardwick, Harrison, Jones, King, Lampkin, Lee, Murrell, Moody, Matterson, Owen, Saffold, Sargent, Thompson, Townes, Taylor, Vaughan, Whitaker, Walker, Weedon, Wilson, Watts and Winston.- 56.
Those who voted for John W. Walker were Messrs. Garth, Hodges, Sims, Terrill, Bingham, Isaac Brown, Dillahunty, M'Bee, Perkins, Sims (Rep.) and Wilbourn, -41.
Those who voted for Mr. Crabb, were Messrs. Moore and M'Carley, -2.
Both Houses then proceeded jointly to the election of one other senator- the election having been conducted viva voce: - Mr. president and Mr. Speaker having ascertained the result, Mr. Speaker arose and announced that John W. Walker having received a majority of the whole number of votes, was duly elected.
Those who voted for Mr. Walker, were Messrs. President, Casey, Conner, Chambers, Farmer, Gause, Garth, Harwell, Hogg, Hanby, Herbert , Rose, Sims, Terrell, Trotter, Watkins, Ware, Mr. Speaker, Burney, John Brown, Isaac Brown, Bates, Cleveland, Creagh, Chapman, Carson, Dale, Davis, Edmunson, Exum, Everett, P. Fittzpatrick, J. Fittz-
patrick, Hill, Hardwick, Harrison, Jones, King, Lamkin, Lee, Murrill, Moody, M'Bee, Matteson, M'Carley, Owen, Perkins, Saffold, Sargeant, Sims, (Rep.) Thompson, Townes, Taylor, Whitaker, Walker Weedon, Wilson, Watts, and Winston, -59.
Those who voted for Mr. Crabb, were messrs. Hodges, Metcalf, Byler, Bingham, Gerrard, Vaughan and Wilbourn, -7.
Those who voted for Mr. George Philips were messrs Moore and Dennis, -2.
Those who voted for Mr. King, were Mr. Dillahunty, -1.
The elections having been gone through, the senate returned to their own chamber, and Mr. President having resumed the chair-
Mr. Moore from the committee appointed to prepare and draft rules of order and decorum for the government of the Senate, reported that the committee had performed that service, and asked leave to propose the adoption of the following:
Rules of order and Decorum for the Government of the Senate.
1. The President shall take the chair precisely at the hour every day to which the Senate have adjourned the preceding day, and on the appearance of a quorum call to order.
2. Immediately after the President shall have taken the chair the Journal of the preceding day shall be read, to the end that any mistake therein may be corrected.
3. The President shall preserve order and decorum, and shall decide questions of order subject to an appeal to the House.
4. Every member previous to his speaking shall rise in his place, uncovered and address himself to Mr. President.
5. When two or more members rise at the same time, the President shall name the member who is first to speak.
6. No member shall speak more than twice to the same question without leave of the Senate, nor more than once until every member choosing to speak, shall have spoken.
7. No motion shall be debated or put unless the same be seconded; when a motion is seconded, it shall be stated by the President before debated, and every such motion shall be reduced to writing, if the President or any member request it.
8. After a motion is stated by the President, it shall be deemed in possession of the Senate, but may be withdrawn at any time before decision or amendment.
9. When a question is under debate, no motion shall be received, unless to amend it, to commit it, to postpone it to a day certain, for the previous question, or to adjourn.
10. That every question shall be determined by a majority of voices, and after the determination, the same shall not be resumed, but with the consent of two thirds of the members present, at some subsequent day of the session, and that upon notice given of the motion for resuming such motion, at least one day before such motion be made.
12. A motion to adjourn shall always be in order and shall be decided without debate.
13. The previous question until it is decided shall preclude amendments and debate on the main question, and shall be decided in this form "shall the main question be now put."
14. No motion for commitment, until it is decided. shall preclude amendments of the main question.
16. Petitions memorials, and other papers addressed to the legislature, shall be presented to the President or a member in his place.
17. Every Senator who shall be present when a question is put, shall vote for or against the same; unless the Senate excuse him, or unless he be imme-
diately interested in the question, in which case he shall not vote.
18. When the President is putting a question no Senator shall walk out, or across the house: nor when any member is speaking, pass between him and the chair.
19. A Senator when called to order shall immediately sit down, and the Senate if applied to shall decide the case, but without debate; if there be no appeal the decision of the chair shall be final.
20. Every bill shall be introduced by motion for leave, one day's previous notice being given, or by an order of the Senate or on the report of a committee.
21. Every bill shall receive three several readings previous to its being passed, and on different days unless the Senate unanimously direct otherwise.
22. No bill shall be amended or committed, until it shall have been twice read.
23. In forming a committee of the whole, the President shall leave the chair, and a chairman shall be named, by the President to preside.
24. All questions whether in the Senate or in committee of the whole, shall be put in the order they were moved except in cases of amendment except that filling up blanks, the largest sum and the longest time shall be first put.
25. A similar mode of proceeding shall be observed with bills which have originated and passed the House of Representatives, as with bills that originated in the Senate.
26. The rules of the Senate shall be observed in the committee of the whole, so far as they may be applicable except the rule limiting the time of speaking.
27. A motion that the committee rise shall always be in order, and shall be decided without debate.
28. No member shall absent himself from the Senate without leave obtained on motion.
29. Bills committed to the committee of the whole
house, shall be first read through by the secretary and then read and debated by clauses having the preamble to be last considered- all amendments shall be stated on a separate piece of paper, and so reported by the chairman, standing in his place after the report the bill shall be subject to debate, and amendment before the question to engross it be taken.
30. No member shall move from his seat until the President has left the chair.
31. The President may appoint any other member to perform the duties of the chair, provided said appointment shall not continue longer than one day.
32. On the meeting of the house after reading of the Journals, the presentation of petitions shall be first in order, and it shall be the duty of the President to call for the same.
On motion ordered that said report be received.
On motion of Mr. Moore ordered that the report of the committee appointed to prepare and draft rules of order and decorum for the government of the Senate, be referred to committee of the whole house and be made the order of the day on to-morrow.
Messrs. Casey, Garth, and Watkins were appointed on the select committee appointed on so much of the message of his Excellency the Governor as relates to the town of Cahawba.
Messrs. Moore, Conner and Ringold, were appointed on the select committee appointed to take into consideration so much of the Governor's message as relates to the census.
The Senate adjourned until to-morrow 10 o'clock.