TUESDAY, Dec. 14, 1819.

The senate met pursuant to adjournment.

Mr. Seabury introduced a resolution to regulate the election of justices of the county courts, which was read the first time.

On motion ordered, that the rule which requires all bills and resolutions to be read on three several days be dispensed with, and that said resolution be read the second and third time forthwith. Said resolution was then read the second time and third time forthwith and passed.

Ordered, that the secretary acquaint the house of representatives therewith, and desire their concurrence.


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Mr. Moore from the committee of enrolled bills reported that the committee had presented to his Excellency the Governor, for his approval, the following sets.

An act to provide for the appointment of pilots to pilot boats through the muscle shoals in Tennessee river.

An act to establish and incorporate the town of Courtland in the county of Lawrence.

An act to incorporate the town of Tuskaloosa.

An act to authorise a lottery for the benefit of the Madison Lodge and Alabama Lodge.

An act to provide for the payment of Irby Jones.

An act affixing salaries to certain offices in this state.

An act to prevent the obstruction of the navigable water courses in this state.

An act to provide for examining certain rivers therein named, and for other purposes.

An act to authorise the administratrix of J. Woods deceased, and Ed. J. Bailey, to sell certain real estate.

An act to provide for the removal of public offices.

An act to authorise Caesar Kennedy to manumit certain of his slaves therein named.

An act providing for the determination of suits and controversies by arbitration.

A resolution to petition congress to establish a land office at Tuskaloosa and Conecuh court house; and

An act to establish certain counties therein named.

A message from his Excellency the Governor by Samuel Pickens esq., his private secretary. Mr. President: I am instructed by his Excellency the Governor, to inform you that he did on the 13th inst. approve and sign the following sets, which originated in this honorable body:

An act to establish certain counties therein named, and for other purposes therein mentioned.

An act to provide for the removal of the public offices.

An act to prevent the obstruction of the navigable water courses in this state.

An act to authorise Caesar Kennedy to manumit certain of his slaves therein named.


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An act to provide for the determination of suits, and controversies, by arbitration.

An act to authorise the administratrix of Josiah Woods, deceased, and Edmund J. Bailey, to sell certain real estate, and an act to provide for examining certain rivers therein named, and for other purposes.

On motion of Mr. Garth, a bill to provide for raising a revenue, for the support of government for the year 1820, was taken up and read.

Mr. Garth moved to amend said bill, by way of rider, which was read the first time.

On motion, ordered that the rule which requires all votes to be read on three several days, be dispensed with.

Said rider was then read a second time, and amended. On motion, said bill was then read as amended the third time and passed.

Ordered, that the title of said bill be, an act to raise a revenue for the support of government, for the year 1820.

A message from the house of representatives by Mr. Dillahunty. Mr. President, the house of representatives have passed a resolution, authorizing Daniel Rather to sell at public out cry the chairs, tables, stoves and other furniture which has been procured for the use of both houses, in which they desire your concurrence.

Ordered, that said message do lie on the table.

A message from the house of representatives, by Mr. Morrel.

Mr. President, the house of representatives have passed, a resolution prescribing the manner of electing justices of the county court.

A message from the house of representatives, by Mr. Walker. Mr. President, the house of representatives have passed a resolution, requesting the governor to proclaim a day of public thanksgiving and prayer through out this state in which they desire your concurrence.


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Ordered, that said resolution do lie on the table.

On motion of Mr. Garth, ordered that the committee of the whole, be discharged from the further consideration of the bill, prescribing the duties of certain public officers, which was taken up and read the second time.

Mr. Moore moved to strike out "one hundred dollars," as the fee to solicitors for a conviction of any person indicted, for keeping a gambling table; and on the question being taken thereupon, the yeas and nays being called for, it passed in the affirmative, yeas 11, nays 8.

Those who voted in the affirmative are, messrs. President, Chambers, Garth, Hanby, Harwell, Herbert, Hogg, Moore, Ringgold, Trotter and Ware.

Those who voted in the negative are messrs. Conner, Turner, Gause, Metcalf, Sims, Terrell, Watkins and Seabury.

Mr. Seabury moved to fill the blank occasioned thereby, with the word fifty and on the question being taken thereupon, the yeas and nays being called for it passed in the affirmative, yeas 15, nays 4.

Those who voted in the affirmative are messrs. President, Conner, Farmer, Garth, Gause, Hanby, Harwell, Metcalf, Ringgold, Sims, Terrell, Trotter, Watkins, Ware and Seabury.

Those who voted in the negative are messrs. Chambers, Herbert, Hogg and Moore.

Mr. Moore moved to amend the said bill, by striking out so much of the first section thereof, as made it the duty of the attorney general to attend the general assembly for the purpose of drafting bills, and allowing him the pay of a member.

And on the question being taken thereupon, the yeas and nays being called for, it passed in the affirmative, yeas 10, nays 9.

Those who voted in the affirmative are messrs. Chambers, Conner, Garth, Hanby, Herbert, Hogg, Metcalf, Moore, Ringgold and Terrell.

Those who voted in the negative are messrs. Presi-


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dent, Farmer, Gause, Harwell, Sims, Trotter, Watkins, Ware and Seabury.

On motion of Mr. Garth, ordered that said bill be considered as engrossed, and read the third time forthwith.

The said bill was then read the third time as amended and passed.

On motion of Mr. Farmer ordered that the title of said bill, be an act prescribing the fees and duties of certain officers therein named.

A message from the house of representatives, by Mr. Murrell: Mr. President, the house of representatives have instructed me to inform you, that they will be ready on this evening at three o'clock, to proceed to the election of an attorney general, and five circuit judges and solicitors, provided that the committee on enrolled bills, report the signature of the governor, to a bill regulating the courts of law and equity in this state, previous to said hour.

On motion resolved, that the senate do concur in said proposition except as to the hour, and that the senate will be ready to meet them to-morrow, at 11 o'clock A.M.

Mr. Garth called for the orders of the day, on third reading.

A bill establishing and regulating patrols.

A bill to appoint additional commissioners for the town of Huntsville.

A bill to establish the seat of justice, in the county of Lauderdale.

An engrossed bill to alter and amend the laws regulating public roads, and the engrossed bill to incorporate the steam boat company of Alabama, were severally read the third time and passed.

A bill to suppress duelling with the amendments proposed by the house of representatives, were taken up.

On motion ordered, that the senate do insist on the amendments by them proposed thereto, and that the


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secretary acquaint the house of representatives therewith.

On motion of Mr. Chambers, resolved, that the vote on the proposition to the house of representatives to proceed to certain elections be reconsidered and that said message do lie on the table.

A bill for the benefit of Walter Aday, was taken up

On motion that said bill be indefinitely postponed, the yeas and nays being called for, it passed in the affirmative, yeas 15, nays 5.

Those who voted in the affirmative are messrs. President, Chambers, Farmer, Garth, Gause, Harwell, Herbert, Hodges, Hogg, Ringgold, Sims, Rose, Trotter, Ware and Seabury.

Those who voted in the negative are messrs. Conner, Hanby, Metcalf, Moore and Terrell.

A bill to establish justices courts was taken up.

On motion of Mr. Sims, ordered that said bill be read the third time by its title -- and on the question being put that said bill do now pass, the yeas and nays being called for, it passed in the affirmative yeas 13, nays 7.

Those who voted in the affirmative are, messrs President, Chambers, Conner, Gause, Herbert, Hodges, Hogg, Metcalf, Rose, Sims, Terrell, Ware and Seabury.

Those who voted in the negative are messrs. Farmer, Garth, Hanby, Harwell, Moore, Ringgold and Trotter. Ordered that the title of said bill be an act, to establish and regulate justices courts.

On motion ordered, that the committee of the whole be discharged from the further consideration of a bill to empower religious societies to hold real estate.

Ordered, that said bill be considered as engrossed and read the third time forthwith. The said bill was then read the third time and passed. Ordered, that the title of said bill be an act to empower religion societies to hold real estate.

A bill concerning divorce and alimony was taken up.

Mr. Terrell moved to postpone the said bill indefin-


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itely -- and on the question being taken thereupon, it passed in the negative.

The said bill was then read and amended-- on the question being taken that said bill do now pass, it was decided in the negative.

A message from the house of representatives by Mr. Brown--- Mr. President and gentlemen of the senate; The house of representatives disagree to the amendments made by your honorable body, to an act to establish the seat of justice in the county of Lauderdale.

Ordered, that said message do lie on the table.

Mr. Moore from the committee on enrolled bills, reported that the committee had examined the following bills, and found them to be duly enrolled.

An act to regulate the proceedings of the courts of law and equity in this state -- and

An act to provide for the organization and discipline of the militia of this state.

A message from the house of representatives by Mr. Murrell--- Mr President: the house of representatives recede from their disagreement to the amendments by you proposed to an act to suppress duelling.

Mr. Moore from the committee on enrolled bills reported, that the committee had presented to his Excellency the Governor for his approval and signature --

An act to regulate the proceedings of courts of law and equity in this state- and

An act to provide for the organization and discipline of the militia of this state.

Mr. Moore from the committee on enrolled bills, reported that the committee had examined a bill to regulate property contracts, and found the same duly enrolled; which was signed by Mr. President.

Message from the house of representatives by Mr. Burney --- Mr. President: the house of representatives are ready to receive your hon. body in their chamber, for the purpose of electing an attorney general, judges of the circuit courts and solicitors -- Whereupon the gentlemen of the senate repaired to the representative


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chamber, proceeded by their secretary -- and after having taken their seats assigned them, Mr. President arose and declared the object of the meeting and such houses proceeded in the election of an attorney general; Henry Hitchcock, Duncan Sullivan and John N. S. Jones being in nomination; those who voted for Mr. Hitchcock are messrs President, Chambers, Conner, Garth, Gause, Harwell, Herbert, Hodges, Hogg, Metcalf, Ringgold, Sims, Seabury, Terrell, Trotter , Ware (Rep.) Mr. Speaker, Burney, Bingham, Bates, Cleveland, Creagh, Coats, Carson, Dale, Davis, Dillahunty, Edmundson, Exum, Everett, J. Fitzpatrick, Hardwick, Lamkin, Lee, Murrell, Moody, M'Bee, Owen, Perkins, Peters, Saffold, Sargent, Thompson, Townes and Watts, -45.

Those who voted for Mr. Sullivan are messrs. Farmer, Byler, John Brown, Isaac Brown, Dennis, Hill King, Matteson, Sims, Taylor, Vaughan, Whitaker, Walker and Winston, -14.

Those who voted for Mr. Jones are messrs. Hanby, Moore, Rose (rep.) Chapman, P. Fitzpatrick, Harrison, Jones, M'Carley, Weedon and Wellbourne, -10.

Mr. Hitchcock having a majority, Mr. Speaker arose and announced his election accordingly.

Both houses then proceeded to vote for judge of the first judicial circuit. Abner S. Lipscombe and Harry Toulmin in nomination.

Those who voted for Mr. Lipscombe are messrs. President, Chambers, Conner, Farmer, Garth, Gause, Hanby, Harwell, Herbert, Hodges, Hogg, Metcalf, Ringgold, Rose, Sims, Seabury, Terrell, Trotter and Ware. (Rep.) Mr. Speaker, Burney, Bingham, John Brown, Cleveland, Creagh, Chapman, Coats, Carson, Dale, Dennis, Davis, Dillahunty, Edmundson, Exum, Everett, J. Fitzpatrick, P. Fitzpatrick, Hill, Hardwick, Harrison, Jones, King, Lamkin, Lee, Murrell, Moody, M'Bee, M'Carley, Owen, Perkins, Peters, Saffold, Sargeant, Sims, Thompson, Townes, Taylor, Vaughan, Whitaker, Walker, Wellbourn, Wilson, Watts and Winston, -63.


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Those who voted for Mr. Toulmin are messrs. Moore, Byler, Isaac Brown, Matteson, and Weedon, -5.

Mr. Lipscombe having a majority of the whole number present, Mr. Speaker arose and announced him duly elected.

Both houses then proceeded to the election of the judge of the second judicial circuit. Reuben Saffold esq. being alone nominated, all the members present having voted for him he received 68 votes; which being a majority, Mr. Speaker arose and announced Reuben Saffold duly elected.

Both houses then proceeded to elect a judge of the third judicial circuit; Henry Y. Webb being alone in nomination, all the members present having voted for him, he received 70 votes; which being a majority, Mr. Speaker arose and announced Henry Y. Webb duly elected.

Both houses then proceeded to elect a Judge for the fourth judicial circuit John McKenley, Richard Ellis, and Beverly Hughes being in nomination.

Those who voted in for John M'Kenley are messrs, President, Chambers, Conner, Farmer, Harwell, Ringgold, Sims, Seabury, Trotter, Ware; (rep.) Byler, Burney, Creagh, Chapman, Coats, Dale, Edmundson, Hardwick, Murrell, Moody, Owen, Peters, Thompson, Townes and Taylor, -25.

Those who voted for Mr. Ellis are messrs. Herbert, Hodges, Metcalf, Terrell (rep) Bingham, I. Brown, Cleveland, Dillahunty, Exum, Everett, Hill, Lee, M'Bee, Matteson, M'Carley, Saffold, Sargent, Sims, Walker, Wilson, Watts and Winston, -22.

Those who voted for Mr. Hughes, are messrs. Garth, Gause, Hanby, Hogg, Moore, Rose: (rep) Mr. Speaker, John Brown, Bates, Carson, Dennis, Davis, P. Fitzpatrick, J. Fitzpatrick, Harrison, Jones, King, Lamkin, Vaughan, Whitaker, Weedon and Wellbourne, -22.

Neither having a constitutional majority, both houses again proceeded to vote for a judge in said circuit, the same gentlemen being in nomination.


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Those who voted for Mr. M'Kenley are messrs. President, Chambers, Conner, Farmer, Harwell, Ringgold, Sims, Seabury, Trotter, Ware; Byler, Burney, Bates, Creagh, Chapman, Coats, Dale, Davis, Edmundson, Murrell, Moody, Owen, Peters, Thompson and Townes, -25.

Those who voted for Mr. Hughes are messrs Garth, Gause, Hanby, Moore, Rose: (rep) Mr. Speaker, J. Brown, Carson, Dennis, P. Fitzpatrick, J. Fitzpatrick, Harrison, Jones, King, Lamkin, Vaughan, Whitaker, Weedon and Wellbourn, -19.

Those who voted for Mr. Ellis are messrs. Herbert, Hodges, Hogg, Metcalf, Terrell; (rep) Bingham, L. Brown, Cleveland, Dillahunty, Exum, Everett, Hill, Hardwick. Lee, M'Bee, Matteson, M'Carley, Saffold, Sargent, Sims, Taylor, Walker, Wilson, Watts and Winston, -23.

Neither having a constitutional majority both houses again proceeded to vote for a judge in said circuit, the same gentlemen being in nomination, those who voted for Mr. M'Kenly, are messrs. President, Chambers, Conner, Farmer, Garth, Gause, Harwell, Ringgold, Sims, Seabury, Trotter, Ware; (reps.) Mr. Speaker, Byler, Burney, Bates, Creagh, Chapman, Coats, Carson, Dale, Davis, Edmundson, Murrell, Moody Owen, Peters, Thompson, Townes, Taylor, Vaughan and Wellbourn, -32.

Those who voted for Mr. Hughes are messrs. Hanby and Moore, -2.

Those who voted for Mr. Ellis are messrs. Herbert, Hodges, Hogg, Metcalf, Rose, Terrell; (rep.) Bingham, J. Brown, I. Brown, Cleveland, Dennis, Dillahunty, Exum, Everett, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwick, Harrison, Jones, King, Lamkin, Lee, M'Bee, Matteson, M'Carley, Saffold, Sargent, Sims, Whitaker, Weedon, Wilson, Watts and Winston, -34.

Neither having a constitutional majority, both houses again proceeded to vote for a judge of said circuit, the same gentlemen being in nomination; those who voted


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for Mr. M'Kenley are messrs. President, Chambers, Conner, Farmer, Garth, Gause, Harwell, Ringgold, Sims, Seabury, Trotter, Ware; (rep.) Mr. Speaker, Burney, Byler, Bates, Creagh, Chapman, Coats, Carson, Dale, Davis, Edmundson, Murrell, Moody, Owen, Peters, Thompson, Townes, Vaughan and Wellbourn, -31.

Those who voted for Mr. Ellis are messrs. Hanby, Herbert, Hodges, Hogg, Metcalf, Moore, Rose, Terrell rep.) Bingham, J. Brown, I. Brown, Cleveland, Dillahunty, Exum, Everett, P. Fitzpatrick, J. Fitzpatrick, Hill, Hardwick, Harrison, Jones, King, Lamkin, Lee, M'bee, Matteson, M'Carley, Saffold, Sargent, Sims, Taylor, Walker, Weedon, Wilson, Watts and Winston, -87.

Mr. Ellis having a majority, Mr. Speaker arose and announced him duly elected.

Both houses then proceeded to the election of a judge in the fifth judicial circuit.

Clement C. Clay, Esq. being alone in nomination; all the members present having voted for Mr. Clay, be received sixty-eight votes, which being a majority, Mr. Speaker arose and announced him duly elected.

Both houses then proceeded to elect a solicitor for the first judicial circuit.

John Gale, Esq. being alone in nomination, all the members present having voted for Mr. Gale, be received, sixty-nine votes, which being a majority, Mr. Speaker arose and announced him duly elected.

Both houses then proceeded to elect a solicitor for the third judicial circuit. Constantine Perkins and Sion L. Perry, being in nomination.

Those who voted for Mr. Perkins are messrs. President, Chambers, Farmer, Garth, Gause, Hanby, Harwell, Moore, Seabury, Trotter, Speaker, Byler, Bigham, John Brown, Bates, Cleveland, Creagh, Chapman, Carson, Dale, Dennis, Davis, Dillahunty, Edmundson, Exum, Everett, Hardwick, Jones, Lamkin Lee, Murrell, Moody, McBee, Owen, Perkins, Peters, Saffold, Sims, Thompson, Townes, Whitaker, Walker, Weedon, and Wellbourn, -44.


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Those who voted for Mr. Perry, are messrs. Conner, Herbert, Hodges, Hogg, Metcalf, Ringgold, Sims, Terrell, Ware, Isaac Brown, Coates, P. Fitzpatrick, Hill, Harrison, King, Matteson, McCarley, Sargent, Taylor, Vaughan, Wilson and Watts, -22.

Mr. Perkins having a majority , Mr. Speaker arose and announced him duly elected.

Both houses then proceeded to the election of a solicitor for the fourth judicial court.

Peter B. Martin, being alone in nomination. All the members present voting for Mr. Martin, be received sixty-nine votes, which being a majority, Mr. Speaker arose and announced him duly elected.

Both houses then proceeded to the election of a solicitor, for the fifth judicial circuit, James W. M'Clung, Poladore Naylor, Thos. Eastland, being in nomination.

Those who voted for Mr. McClung, are messrs. Chambers, Garth, Harwell, Ringgold, Trotter, Bates, Creagh, Coates, Carson, Davis, Edmundson, Murrell, Perkins, Peters, Thompson and Townes, -16.

Those who voted for Mr. Naylor are messrs. President, Conner, Farmer, Hodges, Hogg, Metcalf, Sims, Terrell, Ware, Dale, Dillahunty, Exum, Everett, Hill Harwick, Sims, Taylor, Vaughan, Wilson, Watts and Winston, -21.

Those who voted for Mr. Eastland, are messrs. Gause, Hanby, Herbert, Moore, Rose, Seabury, Speaker, Byler, Birney, Bigham, John Brown, Isaac Brown, Cleveland, Chapman, Dennis, P. Fitzpatrick, J. Fitzpatrick, Harrison, Jones, King, Lamkin, Moody, McBee, Matteson, McCarley, Owen, Saffold, Sargent Whitaker, Walker, Weeden and Wellbourne, -22.

Neither having a constitutional majority, both houses again proceeded to vote for a solicitor in said circuit the same gentlemen being in nomination

Those who voted for Mr. McClung are messrs. Garth Creagh, Edmundson, Murrill, Perkins, Peters and Thompson, -7.

Those who voted for Mr. Naylor, are messrs Pre-


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sident, Chambers, Conner, Farmer, Hodges, Metcalf, Ringgold, Sims, Terrell, Trotter, Ware, Bates, Dale, Dillahunty, Exum, Everett, Hill, Hardwick, Sims, Taylor, Vaughan, Wilson, Watts and Winston, -24.

Those who voted for Mr. Eastland are messrs. Gause, Hanby , Herbert, Hogg, Moore, Seabury, Speaker, Byler, Burney, Bigham, John Brown, Isaac Brown, Cleveland, Chapman, Coates, Davis, P. Fitzpatrick, J. Fitzpatrick, Jones, Harrison, King, Lamkin, Lee, Moody, McBee, Matteson, McCarley, Owen, Saffold, Sargent, Townes Whitaker, Walker, Weedon and Wellbourn. -35.

Mr. Eastland, having a majority, Mr. Speaker arose and announced him duly elected.

The elections having been gone through, on motion, the senate withdrew, and returned to their own chamber.

Mr. President having taken the chair, on motion, the senate adjourned until to-morrow morning, 10 o'clock.