Friday, December 12.

The Senate met pursuant to adjournment.

A message from the House of Representatives by Mr. Dodson., their clerk:

Mr. President: --  The House of Representatives insist on their amendments to the bill from your honorable body, entitled “An act amendatory to an act to provide for the printing of the laws and journals, and for other purposes,” passed Dec. 25, 1822.

They have read a third time and passed, bills originating in their House, of the following titles, to wit:

“An act to alter the boundaries of Jefferson county;” and a Resolution allowing the solicitor of the first judicial circuit, one hundred and fifty dollars, in addition to his present salary for extra services performed; in all of which they desire concurrence.

They have also read a third time, and passed a bill, which originated in your honorable body, entitled “An act establishing a certain county therein named.


69

Mr. Hopkins, from the judiciary committee, to whom was referred the memorial of the General Assembly of the state of Alabama to the Congress of the United States; reported the same without amendment.

On motion, Ordered, That it be committed to a special committee consisting of Messrs. Murphy, Bibb and Moore, to consider and report thereon.

Mr. Hopkins, from the same committee to whom was referred the bill, entitled “An act regulating costs in criminal cases,” reported that it is inexpedient to pass the bill.

Ordered, That the report, together with the bill, lie on the table.

Mr. Hopkins, from the same committee, to whom was referred the bill, entitled, “An act preventing officers from taking commissioners on cost collected by then on executions;” reported the same as amended, which was concurred in.

Mr. Powell, offered the following amendment to said bill, “Provided, nothing herein contained shall prevent sheriffs or deputy sheriffs from completing business by them already commenced;” which was adopted.

Ordered, That the bill be engrossed, for a third reading on to-morrow.

Mr. Hopkins, from the same committee, to whom was referred, a resolution instructing them to inquire into the expediency of giving to the justices of the peace, the powers now exercises by the judges of the county courts, associated with the commissioners of the revenue and roads:” reported the following resolution:

Resolved, That it is inexpedient to give to justices of the peace, the powers now exercised by the commissioners of roads and revenue in conjunction with the judges of the county courts;” which was concurred in.

Mr. Casey, from the special committee, to whom was referred the bill entitled “An act to regulate licensing physicians to practise, and for other purposes;” reported the same as amended, which was concurred in.

Ordered, That the bill be read the third time on to morrow.

Mr. Casey, from the special committee, appointed to report a resolution recommending to the people an alteration in the constitution of this state, so as to provide, that the judges shall hold their offices for a third of years, reported a resolution recommending to the people of the state of Alabama, an alteration in the constitution of this state, in relation to the tenure of the offices of the judges of the circuit and county courts; which was read the first time, and ordered to be read the second time on to-morrow.

Mr. Bibb obtained leave to introduce a bill, entitled “An act for the foreclosure of Mortgages;” which was read the first time, and ordered to be read the second time on to-morrow.

The following written message was received from the Governor by J. Pleasants, esq. secretary of state.

EXECUTIVE DEPARTMENT.

December 11th, 1823.

Gentlemen of the Senate, and Of the House of Representatives,

I have received a communication from the Executive of the State of


70

Tennessee accompanying certain resolutions, which have been adopted by the General Assembly of that state, expressive of their disapprobation of a nomination of candidates by members of Congress for the office of President, and Vice President of the United States, at the ensuing election; to which resolution are premised such reasons as had induced to their adoption.  Having been requested by the above communication to lay their document before you; I have therefore herewith submitted it for your consideration.

I am your most obedient.

ISRAEL PICKENS.

On motion of Mr. Powell, Ordered, That the communication, together with the accompanying document be referred to a special committee; whereupon, Messrs. Powell, Armstrong and Murphy, were appointed.

A message from the House of Representatives, by Mr. Dodson their clerk:

Mr. President:- The House of Representatives have passed a bill originating in their body, of the following title, to wit:

“An act to authorize Sally B. Stephens, administratrix of Henry W. Stephens, deceased, to sell real estate;” in which they desire your concurrence,.  The bill was read; and

Ordered, to be read the second time to-morrow.

Mr. Bibb obtained leave to introduce a bill entitled “An act to amend an act entitled an act, to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained, passed 27th December 1822;” which was read, and ordered to be read the second time on to morrow.

Mr. Bibb moved, that the Senate insist upon their disagreement to the amendments made by the House of Representatives, to the bill entitled “An act to provide for the printing of the laws and journals, and for other purposes, passed Dec. 25, 1822;” which was carried.

Ordered, That the secretary acquaint the House therewith.

A resolution, allowing to the solicitor of the first judicial circuit, one hundred and fifty dollars in addition to his present salary for extra services performed, and “An act to alter the boundary line of Jefferson county;” were severally read the first time, and ordered to a second reading on to-morrow.

Mr. McCamy moved, to reconsider the vote of the Senate on the passage of the bill, entitled,

“An act allowing the judge of the county court of Mobile county a certain salary;” which was carried.

The question was then put, “shall the bill pass?” and decided in the affirmative.

Yeas 10. Nays 8.

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

Mr. President

Conner

Hopkins

Murphy

Shackleford

Armstrong

Devereux

Moore

Powell,

Smith- 10.

Those who voted in the negative, are

Mr. Bibb

Coats

McCamy

McVay

Casey

Crabb

Metcalf

Sullivan- 8.

So the bill was passed.

Ordered, That it be sent to the House of concurrence.

Mr. Smith called up the bill, entitled “an act to establish


71

election precincts therein named, and for other purposes;” and offered additional section, as an amendment to the same; which was adopted.

The bill was then read the third time, and ordered to lie on the table.

Mr. Crabb obtained leave to introduce a bill, entitled “An act for the relief of the people of the state of Alabama;” which was read.

Mr. Wood moved, that the further consideration of the bill be indefinitely postponed, which was lost.

Ordered, That it pass to a second reading on to-morrow.

Mr. Moore obtained leave to introduce a bill, to be entitled “An act to incorporate the Huntsville Library Company;” which was read the first time, and ordered to pass to a second reading on to-morrow.

A memorial to Congress upon the subject of pre-emption rights, was read the third time, and passed.

Ordered, That the secretary inform the House thereof.

A resolution proposing General Andrew Jackson as a suitable candidate for President of the United States, was read the second time, and ordered to pass a third reading on to-morrow.

A bill, entitled “An act authorizing the payment of certain claims against the state, for keeping prisoners;” was read the second time, and ordered to be committed to the committee on accounts, to consider and report thereon.

A bill, entitled “An act to establish the town of Carthage,” was read the second time, and ordered to be engrossed for a third reading on to-morrow.

An engrossed bill, entitled “An act to repeal the charge of the Planters’ and Merchants’ Bank of Huntsville,” was read the third time, and the blank filled.

The question was then put, “shall this bill pass?” and determined in the negative- yeas 5, nays 13.

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

Mr. Conner

McCamy

Metcalf

McVay

Wood- 5.

Those who voted in the negative, are,

Mr. President

Casey

Devereux

Murphy

Shackleford

Armstrong

Coats

Hopkins

Powell

Sullivan- 13.

Bibb

Crabb

Moore

So the bill was rejected.

An engrossed bill, entitled “An act for the relief of Thomas C. Jones,” was read the third time and passed.  Ordered, That the title be “An act for the relief of Thomas C. Jones,” and that it be sent to the House of Representatives, for concurrence.

An engrossed resolution, providing more effectually for the trial of the writ of quo warranto, now depending in the fifth judicial circuit, against the planters' and Merchants' Huntsville, was read the third time, and passed.

Ordered, That the secretary acquaint the House of Representatives therewith, and desire their concurrence.

On motion, the Senate adjourned till 3 o’clock, P.M.

Evening Session.

A message from the House of Representatives, by Mr. Dodson, their clerk:


72

Mr. President:- I am instructed by the House of Representatives to inform your honorable body, that they have adopted the following resolution:  Resolved, That the Senate be informed that the House of Representatives is now ready to receive them in the west end of the Representative Chamber, for the purpose of electing a judge of the third judicial circuit, and such other officers as are necessary to be elected at the present session of the General Assembly; Whereupon, the members of the Senate repaired to the Representative Hall, and after having taken the seats assigned them, Mr. President arose, and declared the object of the meeting, when both Houses proceeded to the election of a secretary of state.

James J. Pleasants, along being in nomination.

For Mr. Pleasants- 74 votes.

Those who voted for Mr. Pleasants, are,

Mr. President

Shackleford

Fitts

McConnico

Philpott

Armstrong

Smith

Fluker

Merriwether

Powell

Bibb

Sullivan

Fleming

McLemore

Peyton

Casey

Wood

Gayle

McVay

Pickett

Coats

(Reps)

Goodhue

Moore, of Mad.

Perkins

Conner

Mr. Speaker

Hallett

Moore, of J.

Salter

Crabb

Ashley

Hill, of T.

Moore, of Mar.

Sims

Devereux

Beck

Hill, of Bibb

Mardis

Shotwell

Hopkins

Brown

Harrison

Mead

Sargent

McCamy

Barclay

Haines

McLaughlin

Skinner

Metcalf

Crenshaw

Jackson

Manly

Smith

Moore

Creagh

Jones

Martin

Tindall

Murphy

Dale

King

Miller

Vining

McVay

Dennis

Lister

Oliver

Whitaker

Powell

Fields

Lanier

Phillips

Weissinger- 74.

James J. Pleasants, esquire, having received all the votes present, was declared, by the speaker, to be duly elected secretary of state, of the state of Alabama, for the ensuing two years.

Both Houses then proceeded to the election of a comptroller of public accounts.  Samuel Pickens, esquire, alone being in nomination.

For Mr. Pickens- 74 votes.

Those who voted for Mr. Pickens, are the same as in the election for secretary of state.,

Samuel Pickens, esquire, having received all the votes present, was declared, by Mr. Speaker, to be duly elected comptroller of public accounts for the ensuing year.

Both Houses then proceeded to elect a state treasurer.  John C. Perry, alone being in nomination.

For Mr. Perry- 75 votes.

Those who voted for Mr. Perry are the same as in the election for secretary of state.

John C. Perry, esquire, having received all the votes present, declared, by Mr. Speaker, to be duly elected treasurer of the state of Alabama, for the ensuing year.

Both Houses then proceeded to the election of an adjutant general of this state. Carter B. Harrison, Isaac Wellbourne and James G. Carroll being in nomination.

For Mr. Harrison 27 votes.

Mr. Wellbourn 33 votes.

Mr. Carroll 15 votes.

 


73

Those who voted for Mr. Wellbourn, are,

Mr. Conner

Barclay

Haines

Manley

Sargent

Hopkins

Fields

King

Miller

Skinner

McCamy

Fitts

Lanier

Philpott

Smith

Metcalf

Fleming

McVay

Powell

Vining

McVay

Hill, of T.

Moore, of Mad.

Peyton

Whitaker

Mr. Speaker

Hill, of Bibb,

Moore of J.

Shotwell

Weissinger- 33.

Beck

Harrison

Moore, of Mar.

Those who voted for Mr. Harrison, are,

Mr. Armstrong

Smith

Dennis

Jackson

Oliver

Bibb

Sullivan

Fluker

Lister

Phillips

Casey

Ashley

Gayle

McConnico

Pickett

Coats

Crenshaw

Hallett

Merriwether

Salter

Devereux

Creagh

Harvey

McLemore

Sims- 27.

Murphy

Dale

Those who voted for Mr. Carroll, are,

Mr. Crabb

Shackleford

Goodhue

Mead

Perkins

Moore

Wood

Jones

McLaughlin

Smith

Powell

Brown

Mardis

Martin

Young- 15.

Neither having a majority of the whole number of votes, the two Houses proceeded to vote a second time for adjutant general, the same persons in nomination.

For Mr. Wellbourn,

40.

Mr. Harrison,

25.

Mr. Carroll,

11.

Those who voted for Mr. Wellbour,are,

Mr. President

Brown

Hill, of Bibb,

Moore, of Mar.

Shotwell

Conner

Barclay

Harrison

Mead

Sargent

Hopkins

Fields

Haines

McLaughlin

Skinner

McCamy

Fitts

King

Manley

Smith

Metcalf

Fleming

Lanier

Miller

Tindal

McVay

Goodhue

McVay

Philpott

Vining

Mr. Speaker

Hallett

Moore, of Mad.

Powell

Whitaker

Beck

Hill, of T.

Moore, of J.

Peyton

Weissinger-40

Those who voted for Mr. Harrison, are,

Mr. Bibb

Smith

Dale

Jackson

Oliver

Casey

Sullivan

Dennis

Lister

Phillips

Coats

Ashley

Fluker

McConnico

Pickett

Devereux

Crenshaw

Gayle

Merriwether

Salter

Murphy

Creagh

Harvey

McLemore

Sims- 25.

Those who voted for Mr. Carroll, are,

Mr. Armstrong

Powell

Wood

Mardis

Perkins

Crabb

Shackleford

Jones

Martin

Young- 11.

Moore

Isaac Wellbourn having a majority of the whole number of votes was declared, by Mr. Speaker, to be duly elected.

Both Houses then proceeded to the election of a quarter-master-general of the state of Alabama.

Matthew D. Thomason, Williams Peacock and Jeptha V. Isbell, in nomination.

For Mr. Thomason,

34.

Mr. Peacock,

22.

Mr. Isbell,

20.

Those who voted for Mr. Thomason, are,

Mr. Casey

Wood

Goodhue

Manly

Shotwell

Conner

Brown

Harvey

Oliver

Sargent

Devereux

Barclay

Harrison

Phillips

Skinner

McCamy

Crenshaw

Haines

Philpott

Smith

Metcalf

Fields

Moore, of Mad.

Powell

Whitaker

McVay

Fitts

McLaughlin

Peyton

Weissinger- 34.

Sullivan

Fluker

McVay

Salter

K


74

Those who voted for Mr. Peacock, are,

Mr. Armstrong

Smith

Gayle

Lister

Moore of J.

Bibb

Ashley

Hallett

Lanier

Mead

Crabb

Beck

Jackson

McConnico

Miller

Moore

Dale

Jones

McLemore

Pickett-22.

Those who voted for. Mr. Isbell, are,

Mr. President

Shackleford

Hill, of T.

Moore, of Mar.

Sims

Coats

Mr. Speaker

Hill, of B.

Mardis

Tindall

Hopkins

Creagh

King

Martin

Vining

Powell

Fleming

Merriwether

Perkins

Young- 20.

Neither having a majority of the whole number, the two Houses proceeded to vote a second time for a quarter master general.- The same persons in nomination.

Second vote-

For Mr. Thomason,

37.

Mr. Peacock,

22.

Mr. Isbell,

17.

Those who voted for. Mr. Thomason, are,

Mr. Casey

Brown

Harrison

Manly

Shotwell

Conner

Barclay

Haines

Oliver

Sargent

Devereux

Crenshaw

Jones

Phillips

Skinner

McCamy,

Fields

King

Philpott

Smith

Metcalf

Fitts

McVay

Powell

Whitaker

McVay

Fluker

Moore of Mad.

Peyton

Weissinger-37

Sullivan

Goodhue

Moore of Mar.

Salter

Wood

Harvey

McLaughlin

Those who voted for Mr. Peacock, are,

Mr. Armstrong

Murphy

Dennis

Lister

Moore

Bibb

Smith

Gayle

Lanier

Mead

Crabb

Ashley

Hallett

McConnico

Miller

Hopkins

Beck

Jackson

McLemore

Pickett-22

Moore

Dale

Those who voted for Mr. Isbell, are,

Mr. President

Mr. Speaker

Hill of B.

Martin

Tindall

Coats

Creagh

Merriwether

Perkins

Vining

Powell

Fleming

Mardis

Sims

Young- 17

Shackleford

Hill of T.

Neither having a majority of the whole number, the two Houses proceeded to vote a third time for quarter master general.--same persons in nomination.

Third vote- for Mr. Thomason,

45.

Mr. Peacock,

18.

Mr. Isbell,

13.

Those who voted for Mr. Thomason, are,

Mr. Bibb

Sullivan

Goodhue

Moore of Mad.

Powell

Casey

Wood

Harvey

Moore of Mar.

Peyton

Coats

Brown

Harrison

Mardis

Salter

Conner

Barclay

Haines

Mead

Shotwell

Devereux

Crenshaw

Jackson

McLaughlin

Sargent

McCamy

Creagh

Jones

Manly

Skinner

Metcalf

Fields

King

Oliver

Smith

McVay

Fitts

Merriwether

Phillips

Whitaker

Smith

Fluker

McVay

Philpott

Weissinger-45.

Those who voted for Mr. Peacock, are,

Mr. Crabb

Ashley

Gayle

McConnico

Pickett

Hopkins

Beck

Hallett

McLemore

Sims-18

Moore

Dale

Lister

Moore of J.

Murphy

Dennis

Lanier

Miller

Those who voted for Mr. Isbell, are,

Mr. President

Shackleford

Bibb

Perkins

Young

Armstrong

Mr. Speaker

Hill of T.

Tindall

Vining- 13.

Powell

Fleming

Martin

 


75

Matthew D. Thomason having a majority of the whole number of votes, was declared by Mr. Speaker to be duly elected.

Both Houses then proceeded to elect an attorney general for the state of Alabama, Thomas White alone being in nomination.

For Mr. White, 75 votes.

Those who voted for Mr. White, are the same as in the election for secretary of state, except Mr. King, who failed to vote.  Mr. Young, in addition to those who voted for secretary of state, voted for Mr. White.

Thomas White having a majority of the whole number of votes, was declared by Mr. speaker to be duly elected attorney general of the state of Alabama, for the ensuing four years.

Both Houses then proceeded to the election of a solicitor of the third judicial circuit, Constantine Perkins alone being in nomination.

For Mr. Perkins 76.

Those who voted for Mr. Perkins, are all the members of both Houses.

Constantine Perkins having received all the votes, was declared by Mr. Speaker to be duly elected.

Both Houses then proceeded to the election of a solicitor for the fourth judicial circuit.

David Hubbard, Peter Martin and John White, being in nomination:

For Mr. Hubbard

35

For Mr. Martin

26

For Mr. White

14

Those who voted for Mr. Hubbard, are,

Mr. Bibb

Ashley

Fleming

Jackson

Phillips

Conner

Beck

Goodhue

King

Philpott

McCamy

Brown

Harvey

Lister

Peyton

McVay

Barclay

Hill of B.

Lanier

Pickett

Smith

Dale

Hill of T.

McLemore

Skinner

Wood

Dennis

Harrison

Manly

Vining

Mr Speaker

Fields

Haines

Miller

Whitaker- 35.

Those who voted for Mr. Martin, are,

Mr. Casey

Creagh

Moore, of J.

Powell

Tindall

Crabb

Fluker

Moore, of Mar.

Salter

Weissinger-26

Devereux

Gayle

Mardis

Sims

Metcalf

McConnico

McLaughlin

Shotwell

Murphy

Merriwether

Martin

Sargent

Sullivan

Moore of Mad.

Oliver

Smith

Those who voted for Mr. White, are,

Mr. President

Hopkins

Shackleford

Jones

Perkins

Armstrong

Moore

Fitts

McVay

Young- 14.

Coats

Powell,

Hallett

Mead

Neither having a majority, of the whole number, the two Houses proceeded to vote a second time for solicitor of the fourth judicial circuit.- The same persons in nomination.

2d vote,

 For Mr. Hubbard

40

  For Mr. Martin

22

  For Mr. White

12

Those who voted for Mr. Hubbard, are,

Mr. Bibb

Mr. Speaker

Fluker

Haines

Miller

Conner

Ashley

Fleming

Jackson

Phillips

Crabb

Beck

Goodhue

King

Philpott

McCamy

Brown

Hallett

Lister

Peyton

Murphy

Barclay

Harvey

Lanier

Pickett

McVay

Dale

Hill of T.

McLemore

Shotwell

 


76

Smith

Dennis

Hill of B.

Moore of Mad.

Skinner

Wood

Fields

Harrison

Manly

Vining-40

Those who voted for Mr. Martin, are,

Mr. Casey

Creagh

Moore of Mar.

Salter

Whitaker

Coats

Gayle

Mardis

Sims

Weissinger-22

Devereux

McConnico

McLaughlin

Sargent

Metcalf

Merriwether

Oliver

Smith

Sullivan

Moore of J.

Powell

Tindall

Those who voted for Mr. White, are,

Mr. President

Moore

Fitts

Mead

Armstrong

Powell

Jones

Perkins

Hopkins

Shackleford

McVay

Young- 12.

David Hubbard having a constitutional majority of the whole number of votes, was declared by Mr. Speaker to be duly elected.

Both Houses then proceeded to elect a solicitor for the fifth judicial circuit.

James G. Birney, Anderson Hutchison, James B. Craighead, Samuel B. Moore, being in nomination:

For Mr. Birney

24

For Mr. Hutchinson

24

For Mr. Moore

16

For Mr. Mr. Craighead

11

Those who voted for Mr. Birney, are,

Mr. President

Shackleford,

Fleming

King

Miller

Armstrong

Mr. Speaker

Hallett

Lister

Phillips

Bibb

Creagh

Hill of T.

Lanier

Pickett

Conner

Dennis

Jackson

Moore of Mad.

Shotwell-24

Hopkins

Fitts

Jones

Mead

Those who voted for Mr. Hutchinson, are,

Mr. Casey

Murphy

Brown

Merriwether

Philpott

Coats

McVay

Fluker

McVay

Sargent

Crabb

Smith

Gayle

Moore of Mar.

Shotwell

Metcalf

Sullivan

Harrison

McLauglin

Weissinger-24

Moore

Wood

McConnico

Martin

Those who voted for Mr. Moore, are,

Mr. Devereux

Crenshaw

Hill, of B.

Peyton

McCamy

Fields

McLemore

Salter

Mr. Ashley

Goodhue

Mardis

Whitaker

Barclay

Harvey

Oliver

Young- 16.

Those who voted for Mr. Craighead, are,

Mr. Powell

Haines

Perkins

Tindall

Beck

Manly

Sims

Vining- 11.

Dale

Powell

Smith

Neither having a majority of the whole number, the two Houses proceeded to voted a second time.

The same gentlemen in nomination.

2d vote,

For Mr. Birney

29

For Mr. Hutchinson

31

  For Mr. Moore

 4

For Mr. Craighead

11

Those who voted for Mr. Birney, are,

Mr. President,

Shackleford

Fleming

King

Oliver

Armstrong

Mr. Speaker

Hallett

Lister

Phillips

Bibb

Creagh

Hill of T.

Lanier

Pickett

Conner

Dale

Haines

Moore of Mad.

Salter

Hopkins

Dennis

Jackson

Mead

Shotwell-29.

Moore

Fitts

Jones

Miller

Those who voted for Mr. Hutchinson, are,

Mr. Casey

Sullivn

Goodhue

Moore of Mar.

Skinner

Coats

Wood

Harvey

Mardis

Smith

Crabb

Ashley

Harrison

McLaughlin

Weissinger-31

Metcalf

Brown

McConnico

Martin

Murphy

Crenshaw

Merriwether

Philpott

McVay

Fluker

McLemore

Sims

Smith

Gayle

McVay

Sargent

 


77

Those who voted for Mr. Craighead, are,

Mr. Devereux

Hill of B.

Perkins

Whitaker

Powell

Manly

Tindall

Young- 11.

Beck

Powell

Vining

Those who voted for Mr. Moore, are,

Mr. McCamy

Barclay

Fields

Peyton- 4.

Neither having a majority of the whole number the two Houses proceeded to vote a third time for solicitor of the 5th circuit, the same gentlemen in nomination, except Mr. Moore, whose name was withdrawn.

3d vote,

For Mr. Birney

40

For Mr. Hutchinson

36

For Mr. Craighead

Those who voted for Mr. Birney, are,

Mr. President

Shackleford

Fleming

Lister

Pickett

Armstrong

Mr. Speaker

Hallett

Lanier

Perkins

Bibb

Beck

Hill, of T.

Moore, of Mad.

Salter

Conner

Creagh

Hill, of Bibb

Mead

Shotwell

Devereux

Dale

Haines

Miller

Tindall

Hopkins

Dennis

Jackson

Oliver

Vining

Moore

Fields

Jones

Phillips

Whitaker

Powell

Fitts

King

Powell

Young- 40.

Those who voted for Mr. Hutchinson are,

Mr. Casey

(Reps.)

Harvey

Mardis

Skinner

Coats

Ashley

Harrison

McLaughlin

Smith

Crabb

Brown

McConnico

Manly

Weissinger- 36.

McVay

Barclay

Merriwether

Martin

Metcalf

Crenshaw

McLemore

Philpott

Murphy

Fluker

McVay

Peyton

McCamy

Gayle

Moore, of J.

Sims

Wood

Goodhue

Moore, of Mar.

Sargent

James G. Birney having a majority of the whole number of votes, was declared by Mr. Speaker to be duly elected, solicitor of the 5th judicial circuit, for the ensuing four years.,

Both Houses then proceeded to elect a judge of the third judicial circuit, to supply the vacancy occasioned by the death of Henry Y. Webb.

John Gayle, Samuel Chapman, Thomas Owen and Isaac S. McMeans, being in nomination.

For Mr. Gayle

29.

Mr. Chapman,

22.

Mr. Owen,

20.

Mr. McMeans,

 5.

Those who voted for Mr. Gayle, are,

Mr. Armstrong

Crenshaw

Harvey

Merriwether

Phillips

Casey

Creagh

Haines

McLemore

Pickett

Murphy

Dale

Jackson

Mardis

Shotwell

Smith

Fields

Lister

McLaughlin

Smith

Ashley

Fluker

McConnico

Martin

Weissinger- 29.

Beck

Hallett

Those who voted for Mr. Chapman, are,

Mr. President

Moore

Goodhue

McVay

Mead

Bibb

Shackleford

Jones

Moore of Mad.

Miller

Devereux

Brown

King

Moore of J.

Oliver

Hopkins

Fitts

Lanier

Moore of Mar.

Young- 22.

Those who voted for Mr. Owen, are,

Mr. Coats

Powell

Hill of T.

Philpott

Sargent

Crabb

Sullivan

Hill of B.

Perkins

Skinner

Metcalf

Wood

Harrison

Salter

Tindall

McVay

Dennis

Manly

Sims

Vining- 20

 


78

Those who voted for Mr. McMeans, are,

Mr. Conner

Barclay

Powell

Peyton

Whitaker-5.

Neither having a majority of the whole number, the two Houses proceeded to vote a second time for a judge of the third judicial circuit.  The same gentlemen in nomination, except Mr. McMeans, whose name was withdrawn.

The 2d vote-

For Mr. Gayle,

28.

Mr. Chapman,

29.

Mr. Owen,

17.

Those who voted for Mr. Gayle, are,

Mr. Armstrong

Beck

Hallett

Merriwether

Martin

Casey

Crenshaw

Harvey

McLemore

Phillips

Murphy

Creagh

Haines

Mardis

Pickett

Smith

Dale

Jackson

McLaughlin

Shotwell

Sullivan

Fields

Lister

Manly

Weissinger- 28.

Ashley

Fluker

McConnico

Those who voted for Mr. Chapman, are,

Mr. President

Moore

Fleming

Moore, of Mad.

Powell

Bibb

McVay

Goodhue

Moore, of J.

Peyton

Conner

Shackleford

Jones

Moore, of Mar.

Smith

Devereux

Brown

King

Mead

Whitaker

Hopkins

Barclay

Lanier

Miller

Young- 29.

Those who voted for Mr. Owen, are,

Mr. Coats

Wood

Harrison

Salter

Skinner

Crabb

Dennis

Philpott

Sims

Tindall

Metcalf

Hill, T.

Perkins

Sargent

Vining- 17.

Neither having a majority of the whole number, the two Houses proceeded to vote a third time for a judge of the third judicial circuit- the same persons in nomination.

Third vote-

For Mr. Gayle,

36.

Mr. Chapman,

31.

Mr. Owen.

7.

Those who voted for Mr. Gayle, are,

Mr. Armstrong

Beck

Hallett

McConnico

Phillips

Casey

Crenshaw

Harvey

Merriwether

Philpott

Coats

Creagh

Hill of B.

McLemore

Pickett

Metcalf

Dale

Harrison

Mardis

Sims

Murphy

Dennis

Haines

McLaughlin

Shotwell

Smith

Fields

Jackson

Manly

Skinner

Sullivan

Fluker

Lister

Martin

Weissinger- 36.

Ashley

Those who voted for Mr. Chapman, are,

Mr. President,

Moore

Fleming

Moore of mad.

Powell

Bibb

McVay

Goodhue

Moore of J.

Peyton

Conner

Shackleford

Jones

Moore of mar.

Smith

Crabb

Brown

King

Mead

Vining

Devereux

Barclay

Lanier

Miller

Whitaker

Hopkins

Fitts

McVay

Oliver

Young- 31.

McCamy

Those who voted for Mr. Owen, are,

Mr. Powell

Hill of T.

Salter

Sargent

Tindall- 7.

Wood

Perkins

Neither having a majority of the whole number, the two Houses proceeded to vote a fourth time for judge of the third circuit- the same gentlemen in nomination.

Fourth vote-

For Mr. Gayle,

37.

Mr. Chapman,

32.

Mr. Owen,

5.

Those who voted for Mr. Gayle, are,


79

Mr. Armstrong

Beck

Harvey

Merriwether

Philpott

Casey

Crenshaw

Hill of B.

McLemore

Pickett

Coats

Creagh

Haines

Mardis

Sims

Metcalf

Dale

Harrison

McLaughlin

Shotwell

Murphy

Dennis

Jackson

Manly

Sargent

Smith

Fields

Lister

Martin

Skinner

Sullivan

Fluker

McConnico

Phillips

Weissinger- 37.

Ashley

Hallett

Those who voted for Mr. Chapman, are,

Mr. President

McCamy

Fitts

Moore of Mad.

Powell

Bibb

Moore

Fleming

Moore of J.

Peyton

Conner

McVay

Goodhue

Moore of mar.

Salter

Crabb

Shackleford

Jones

Mead

Vining

Devereux

Brown

King

Miller

Whitaker

Hopkins

Barclay

Lanier

Oliver

Young- 32.

Those who voted for Mr. Owen, are,

Mr. Powell

Wood

Hill of T.

Perkins

Tindall- 5.

Neither having a majority of the whole number of votes, both Houses proceeded to vote a fifth time for judge of the third judicial circuit,  John Gayle, Samuel Chapman, A.P. Bagby, and Thomas Owen, being in nomination.

Fifth vote-

 for Mr. Gayle,

44

Mr. Chapman,

14.

Mr. Bagby,

10.

Mr. Owen,

5.

Those who voted for Mr. Gayle, are

Mr. Casey

Crenshaw

Harrison

  Mead

Salter

Coats

Creagh

Haines

  McLaughlin

Sims

Metcalf

Dale

Jackson

  Manly

Shotwell

Murphy

Dennis

Lister

  Martin

Sargent

Smith

Fields

McConnico

  Miller

Skinner

Sullivan

Fluker

Merriwether

  Phillips

Vining

Ashley

Hallett

McLemore

  Philpott

Whitaker

Beck

Harvey

Moore of Mar.

Pickett

Weissinger-44

Barclay

Hill of B.

Mardis

Powell

Those who voted for Mr. Chapman, are,

Mr. Bibb

Moore

Brown

Lanier

Moore of J.

Crabb

McVay

Fleming

McVay

Peyton- 14.

McCamy

Shackleford

Goodhue

Moore of Mad.

Those who voted for Mr. Bagby are, are,

Mr. President

Conner

Hopkins

Jones

Oliver

Armstrong

Devereux

Fitts

King

Smith- 10.

Those who voted for Mr. Owen, are,

 Powell

Wood

Hill of T.

Perkins

Tindall- 5.

John Gayle, Esq. having a majority of the whole number of votes, was declared by Mr. speaker to be duly elected judge of the third judicial circuit.

Both Houses then proceeded to elect a judge of the county court of Bibb, Thomas Crawford and Littlepage Sims being in nomination.

For Mr. Crawford,

56.

Mr. Sims,

11.

Those who voted for Mr. Crawford, are,

Mr. Hopkins

Dennis

Haines

Moore of J.

Salter

Metcalf

Fields

Harrison

Moore of Mar.

Sims

Murphy

Fitts

Jackson

McLaughlin

Shotwell

McVay

Fluker

King

Manly

Sargent

Sullivan

Fleming

Lister

Miller

Skinner

Wood

Gayle

Lanier

Oliver

Smith

Mr. Speaker

Goodhue

McConnico

Philpott

Tindall

Ashley

Hallett

Merriwether

Powell

Vining

Brown

Harvey

McLemore

Peyton

Whitaker

Barclay

Hill of T.

McVay

Pickett

Weissinger

Crenshaw

Hill of B.

Moore of Mad.

Perkins.

Young-56

Creagh

 


80

Those who voted for Mr. Sims, are,

Mr. President

Conner

McCamy

Smith

Armstrong

Devereux

Moore

Beck

Bibb

Thomas Crawford having a majority of the whole number of votes, was declared by Mr. Speaker to be duly elected judge of the county court of Bibb county.

Both Houses then proceeded to elect a judge of the county court of Perry county, George C. King alone being in nomination.

For Mr. King, 68 votes.

Those who voted for Mr. King, are,

Mr. President

Powell

Fluker

Merriwether

Picket

Armstrong

Smith

Fleming

McLemore

Perkins

Bibb

Sullivan

Gayle

McVay

Salter

Casey

Wood

Goodhue

Moore of Mad.

Sims

Coats

Mr. Speaker

Hallett

Moore of J.

Shotwell

Conner

Ashley

Harvey

Mardis

Sargent

Crabb

Beck

Hill of T.

Mead

Skinner

Devereux

Brown

Hill of B.

McLaughlin

Smith

Hopkins

Barclay

Harrison

Miller

Tindall

McCamy

Crenshaw

Haines

Oliver

Vining

Metcalf

Creagh

Jackson

Phillips

Whitaker

Moore

Dale

King

Powell

Weissinger

Murphy

Dennis

Lister

Peyton

Young- 68

McVay

Fields

McConnico

Mr. King 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 Perry county.

Both Houses then proceeded to elect a judge of the county court of Washington county, William D. Gaines and John Johnston being in nomination.

For Mr. Gaines,

35.

Mr. Johnston,

31.

Those who voted for Mr. Gaines, are,

Mr. President

Hopkins

Crenshaw

 Moore of J.

Peyton

Armstrong

Metcalf

Fleming

 Mardis

Perkins

Bibb

Moore

Goodhue

 Mead

Skinner

Coats

Powell

King

McLaughlin

Smith

Conner

Sullivan

McLemore

 Manly

Tindall

Crabb

Wood

McVay

 Oliver

Vining

Devereux

Brown

Moore of Mad.

Powell

Young-35

Those who voted for Mr. Johnston, are,

Mr. McCamy

Dale

Harvey

Lister

Salter

Murphy

Dennis

Hill of T.

McConnico

Sims

McVay

Fields

Hill of B.

Merriwether

Shotwell

Smith

Fluker

Harrison

Moore of Mar.

Sargent

Mr. Speaker

Gayle

Haines

Miller

Whitaker

Ashley

Hallett

Jackson

Phillips

Weissinger- 31.

Beck

William D. Gaines having a majority of the whole number of votes, was declared by Mr. speaker to be duly elected judge of the county court of Washington county.

Both Houses then proceeded to the election of a judge of the county court of Mobile county; William Hale alone being in nomination.

For Mr. Hale, 62 votes.

Those who voted for Mr. Hale, are,

Mr. President

Crabb

Metcalf

Powell

Armstrong

Devereux

Moore

Smith

Bibb

Hopkins

Murphy

Mr. Speaker

Coats

McCamy

McVay

Ashley

 


81

Dale

Hill of T.

McLemore

Oliver

Shotwell

Dennis

Hill of B.

McVay

Phillips

Sargent

Fields

Haines

Moore of Mad.

Powell

Skinner

Fluker

Harrison

Moore of J.

Peyton

Tindall

Fleming

Jackson

Mardis

Pickett

Vining

Gayle

King

Mead

Perkins

Whitaker

Goodhue

Lister

Manly

Salter

Weissinger

Hallett

McConnico

Miller

Sims

Young- 62.

Harvey

Merriwether

William Hale having received a majority of the whole number of both Houses, was declared by Mr. Speaker to be duly elected.

Both Houses then proceeded to the election of a judge of the county court of Decatur county, Joseph B. Eason and James B. Robinson being in nomination.

For Mr. Robinson.

34.

For Mr. Eason,

27.

Those who voted for Mr. Robinson, are,

Mr. Armstrong

Gayle

Merriwether

Martin

Shotwell

Casey

Goodhue

McVay

Phillips

Sargent

Devereux

Harvey

Moore of J.

Powell

Skinner

Hopkins

Harrison

Moore of Mar.

Peyton

Vining

Beck

Jackson

Mardis

Pickett

Whitaker

Brown

Lister

Mead

Perkins

Young- 34.

Barclay

McConnico

Manly

Salter

Those who voted for Mr. Eason, are,

Mr. President

Smith

Dale

Hallett

Moore of Mad.

McCamy

Sullivan

Dennis

Hill of B.

Miller

Moore

Mr. Speaker

Fields

Haines

Sims

Murphy

Ashley

Fluker

King

Tindall

McVay

Crenshaw

Fleming

McLemore

Weissinger- 27.

Powell

Creagh

James B. Robinson having a majority of the whole number of votes, was declared by Mr. speaker to be duly elected judge of the county court of Decatur county.

Both Houses then proceeded to the election of a judge of the county court of Montgomery county, Peter Williamson alone being in nomination.

For Mr. Williamson, 56 votes.

Those who voted for Peter Williamson, Esq. are,

Mr. President

Beck

Goodhue

McVay

Perkins

Armstrong

Brown

Hallett

Moore of J.

Salter

Casey

Barclay

Harvey

Moore of Mar.

Sims

Crabb

Crenshaw

Hill of T.

Mead

Shotwell

Devereux

Creagh

Hill of B.

Manly

Sargent

Hopkins

Dale

Harrison

Miller

Skinner

McCamy

Dennis

Haines

Oliver

Tindall

Moore

Fields

Jackson

Phillips

Vining

Murphy

Fluker

McConnico

Powell

Whitaker

Smith

Fleming

Merriwether

Peyton

Weissinger

Mr. Speaker

Gayle

McLemore

Pickett

Young- 56.

Ashley

Mr. Williamson having received a majority of the votes, was declared by Mr. Speaker to be duly elected judge of the county court of Montgomery.

The elections having been gone through, the Senate withdrew,

L


82

and retired to their own Chamber, and Mr. President resumed the chair.

On motion, the Senate adjourned till to-morrow, at 12 o’clock.