Friday, December 19.

The Senate met pursuant to adjournment.

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

Mr. President- I am instructed by the House of Representatives, to inform your honorable body, that they concur in the amendment made by your honorable body, to the bill, to be entitled “An act to vest in the judge of the county court and commissioners of roads and revenue of the county of Henry, a certain portion of land for county purposes;”

They have adopted the following resolution: Resolved, with the concurrence of the Senate, that the two Houses assembly in the Representative Chamber, to-morrow at one o'clock, P.M. for the purpose of electing a judge of the fifth judicial circuit; and be it further resolved, that the west end of the House be set apart for the reception of the Senate; in which resolution they desire your concurrence.

They have appointed on their part, a joint committee, consisting of Messrs. Mead, Gayle, Moore, of Marion, Haines and Tindall, to act with such committee as may be appointed by your honorable body, on a memorial presented to their House by Edward G. Terrell and John D. Terrell: in which they desire your concurrence.

Mr. Hopkins, from the joint committee, to whom was referred a resolution on that subject, reported a resolution concerning the district court of the United States; which was read, and ordered to be read the second time on to-morrow.

A message was received from the Governor, by J. J. Pleasants, Esq. secretary of state, informing the Senate that he did, on the 17th inst. approve and sign.

An act authorizing Matthew Harbeson, administrator of Samuel Harbeson deceased, to make conveyance of a certain tract of land therein named;

An act to repeal in part and amend an act to establish a bank in the town of Mobile, passed on the 20th day of November in the year 1818;

An act to provide for selecting the seat of justice in Decatur county;

An act to compel defendants to bills of injunction, to give bond and security before they shall have the benefit of executions on their judgements at law;

Resolution requiring the chairman of the committee on enrolled bills, to preserve the engrossed copies of all acts and joint resolutions, and file them with the secretary of state; all of which originated in the Senate.

The following communication was also received form the Governor, by J. J. Pleasants:


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Executive Department, Dec. 18th, 1823.

Gentlemen of the Senate and of the House of Representatives,

I have received this day the resignation of the honorable Clement C. Clay, a Judge of the Supreme Court, and presiding Judge of the 5th Judicial circuit.

ISRAEL PICKENS.

The following communication was also received from the Governor by Mr. Pleasants,

Executive Department, Dec. 19, 1823.

Gentlemen of the Senate- In compliance with the resolution of the Senate of yesterday's date, requesting early information of “the particulars of the contract entered into with Mr. Hitchcock for going to New-York, for superintending the printing of the digest- stating the precise time, if any was agreed on, for commencing the word, and whether any understanding existed with regard to Mr. Hitchcock's being able to return in time to attend his circuit.”  I have the honor to inform you, that no express stipulation was made with the superintendent as to service, nor as to the time requisite for the performance of the duty, excepting so far as might be inferred from the contract and bond of Mr. E. Curtis, engaging to deliver the work complete at this place on or before the first day of November; and from the sanguine expressions of the last named gentleman, anticipating great despatch in the execution of the printing:- He indeed expressed the belief, that on the event of a loss of the work on its passage, a second set of copies could be furnished in time to save his contract.

From the prospect thus presented, I have no doubt, that Mr. Hitchcock expected to be employed a touch shorter time than he was eventually required.  Indeed it is not credible, that he undertook this task with the expectation of losing his fall circuit.  No appropriation having been made by law toward the expenses of the superintendent, I stipulated in the increase of the proportion payable in advance on Mr. Curtis’ contract, for the accommodation of Judge Toulmin, who was expected to set out for New York, to superintend the printing, by means of a loan by Mr. Curtis to the Judge out of this advance of the sum of $1000, to be afterwards refunded out the compensation, to be allowed for superintendence by legislature.

Judge Toulmin having declined the superintendence in march last Mr. Curtis communicated to me the probable willingness of Mr. Hitchcock to undertake this service as he was then about to proceed to the city of Washington on Business.  I need not observe that at this juncture, I deemed it a fortunate incident to find so competent a successors to the original superintendent, ready for entering on the duty.  In my appointment of this gentlemen, he was referred to Mr. Curtis for the necessary arrangements, without any specific terms of engagement, being aware that he had to depend on the justice and liberality of the Legislature for his compensation.  I hope, that in this reliance his just expectations will not be disappointed.

There is no doubt, but this employment, and the length of time, to which it was protracted, had resulted in a considerable sacrifice to him by the neglect of professional business.

I am, very respectfully, your most obedient,

ISRAEL PICKENS.

Ordered, That the communication lie on the table.

Mr. Shackleford, from the committee on inland navigation, to whom was referred the bill, entitled an act to incorporate the Limestone Navigation Company, reported the same with sundry amendments: which were concurred in.

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

O


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Mr. Sullivan presented the account of Jesse Nave, sheriff of Perry county, against the state; which was referred to the committee on accounts.

Mr. Wood offered the following resolution:

Resolved, That no new matter shall be introduced in this House during the present session, (except business in the hand of the several committees,) after next Tuesday; which was adopted.

Mr. McCamy obtained leave to introduce a bill, to be entitled an act to amend the tenth section of an act, supplementary to an act to establish a State University, passed December 18, 1821; which was read, and ordered to be read the second time on to morrow.

Mr. Shackleford moved to amend the resolution from the House of Representatives, proposing to go into the election of a judge of the 5th judicial circuit, at “one o’clock” this evening, by striking out “one,” and inserting “seven;” which was carried.

Ordered, That the secretary acquaint the House therewith.

On motion, Ordered, That the Senate concur in the resolution of the House of Representatives, appointing a committee on their part, to act with such committee as may be appointed on the part of the Senate, on the memorial of Edward G. Terrell and John D. Terrell: Whereupon, Messrs. Armstrong, Wood and Murphy, were appointed a committee on the part of the Senate.

Mr. Moore, from the joint committee on enrolled bills, reported as correctly enrolled:

“An act to regulate escheats in this state, and to appoint escheators;” and

“An act establishing a certain county therein named were singed by Mr. President.

Mr. Hopkins obtained leave to introduce a bill, to be entitled an act appointing commissioners to improve the navigation of the Tennessee River; which was read, and ordered to a second reading to-morrow.

Mr. Casey, from the committee of conference appointed on the part of this House, to confer with the committee appointed on the part of the House of Representatives, on the subject matter of disagreement between the two Houses, on a bill providing for taking the census, Reported, "that they have had a meeting, and have agreed to recommend to their respective Houses, the adoption of the following resolution.

They recommend to the Senate to recede from their disagreement to the striking out the 4th section of said bill.

They further recommend to the Senate to adhere to their disagreement to the striking out of the latter part of the second section relating to the oath to be administered to the persons giving in the number of their families;” which was concurred in.

Mr. Devereux presented the account of John H. Stone, sheriff of Covington county, against the state, for conveying the return of the election for a representative to Congress, to Claiborne; which was referred to the committee on accounts.

Mr. Moore obtained leave to introduce a bill, to be entitled an act to authorize a lottery, to aid in the improvement of the navigation of Indian Creek; which was read, and ordered to be read a second time to-morrow.


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Mr. Bibb offered the following resolution:

Resolved, That the Governor be requested to furnish this House a list of all moneys which have been drawn from the contingent fund, to whom paid, and for what object; which adopted.

On motion of Mr. Sullivan, the bill, entitled an act to establish certain election precincts therein named, was taken up.

Mr. Sullivan offered an amendment to it by way of rider, providing for the establishment of an election precinct at the house of John Gray, on the Coosa; which was read three several times and adopted.

The bill was then passed.

Ordered, That the secretary acquaint the House of Representatives therewith.

Mr. Murphy, from the special committee, to whom was committed the bill, entitled an act for the relief of the people of the state of Alabama, reported the same with sundry amendments.

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

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 House, entitled an act to divorce Sarah Ann Newman from her husband Francis Newman; in which they desire your concurrence.

They concur in the amendment made by your honorable body to the resolution of the House, proposing to go into the election of a judge of the fifth judicial circuit to day at one o'clock, by striking out “one,” and inserting “seven.”

Mr. Wood moved, that the bill, entitled an act for the more sure and speedy trial of persons charged with misdemeanors, and the report made thereon by the judiciary committee, be taken up; and on the question being put, it was determined in the affirmative.

Yeas 10. Nas 9.

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

Mr. Conner

Devereux

Metcalf

Shackleford

Sullivan

Crabb

McCamy

McVay

Smith

Wood- 10.

Those who voted in the negative, are,

Mr. President

Bibb

Coats

Moore

Powell- 9.

Armstrong

Casey

Hopkins

Murphy

Mr. Armstrong moved that the Senate concur in the report of the judiciary committee thereon, reported it inexpedient to pass the bill; which was carried.

Yeas 11. Nays 7.

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

Mr. President

Casey

Crabb

Moore

Shackleford

Armstrong

Coats

Hopkins

Murphy

Sullivan- 11.

Bibb

Those who voted in the negative, are,

Mr. Conner

McCamy

McVay

Smith

Wood- 7.

Devereux

Metcalf

So the report was concurred in.

Mr. Conner moved, that the bill, entitled an act to establish regular justices’ courts in this state, be taken up; and on the question being put, it was determined in the affirmative.

Yeas 11, Nays 8.

 


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

Mr. Bibb

Crabb

McCamy

Shackleford

Sullivan

Casey

Devereux

Metcalf

Smith

Wood- 11.

Conner

Those who voted in the negative, are,

Mr. President

Coats

Moore

McVay

Armstrong

Hopkins

Murphy

Powell- 8.

So the bill was taken up.

On motion, Ordered, That the Senate concur in the 1st, 2d, 3d, 5th, 6th, 7th, 8th, 9th, 10th, 15th and 16th amendments made by the House of Representatives to said bill.

On motion, Ordered, That the Senate disagree to the amendments made by the House of Representatives to said bill, by striking out the 8th, 9th and 10th section, and by striking out the word “three” in the 5th line of the 12th section, and inserting in lieu thereof the word “twenty.”

Mr. Armstrong moved that the Senate concur in the amendment made by the House of Representatives to said bill, by adding therein the following additional section:

“And be it further enacted, That nothing in this act shall be so construed as to prevent either party from appealing from the court hereby established, to the county or circuit court, under the same rules and restrictions, that govern appeals from justices of the peace to said courts.”

And on the question being put, on concurring in said amendment, it was determined in the affirmative.

Yeas 12. Nays 7.

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

Mr. President

Crabb

Murphy

Powell

Sullivan

Armstrong

Hopkins

McVay,

Shackleford

Wood- 12.

Coats

Moore

Those who voted in the negative, are,

Mr. Bibb

Conner

McCamy

Metcalf

Smith- 7.

Casey

Devereux

So the amendment was concurred in.

Mr. McVay moved that the bill, together with the amendments, lie on the table until the first day of March next; and on the question being put, it was decided in the negative.

Yeas 8. Nays 11.

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

Mr. President

Coats

Hopkins

McVay

Armstrong

Crabb

Moore

Shackleford- 8.

Those who voted in the negative, are,

Mr. Bibb

Devereux

Metcalf

Powell

Sullivan

Casey

McCamy

Murphy

Smith

Wood- 11.

Conner

Ordered, That the bill lie on the table for the present.

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

3 o'clock, P.M.

The Senate met pursuant to adjournment.

Mr. Casey offered the following resolution:

Resolved by the Senate, that a clerk be employed to copy the journals of this House for publication, and that the Senate will elect the clerk this evening, at _____ o’clock, and that _____ dollars be allowed as a compensation for said services; which was ordered to lie on the table.

An engrossed bill, entitled an act to authorize William E. Dupree to emancipate a certain slave named Bill; and


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An act to appropriate the fines and forfeitures accruing in Madison county, to the benefit of Greene Academy, were severally read the third time and passed.

Ordered, That the titles be as aforesaid, and that they be sent to the House of Representatives for concurrence.

Ordered, That the engrossed bill, entitled an act to authorize the administrators of Isaac Edwards, deceased, to comply with the contracts made by their intestate respecting his real estate, be laid on the table till to-morrow.

An engrossed bill, entitled an act to alter the times of holding courts in the first judicial circuit, was read the third time and passed.

Ordered, That the title be an act to alter the times of holding courts in the 1st, 2d and 6th judicial circuits; and that it be sent to the House for concurrence.

Mr. Moore, from the joint committee on enrolled bills, reported as correctly enrolled.

An act to amend an act, entitled an act to establish a public road from Ditto’s Landing to Marston Mead’s:

An act to vest in the judge of the county court and commissioners of roads and revenue of Henry county to certain portion of land for county purposes;

Resolution allowing 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 establish the Bank of the State of Alabama.  All of which were accordingly signed by Mr. President.

An engrossed bill, entitled an act to amend an act, entitled an act to regulate the proceedings in the courts of law and equity in this state, was read the third time and passed.

Ordered, That the title be as aforesaid, and that it be sent to the House of Representatives for concurrence.

Mr. Shackleford having voted in the majority, moved to reconsider the vote of the Senate, on postponing indefinitely the bill, entitled an act explanatory of the several acts now in force in this state to suppress duelling; which was carried.

Ordered, That the bill lie on the table till to-morrow.

And then the Senate adjourned till 7 o’clock this evening.

7 o'clock, P.M.

The Senate met pursuant to adjournment.

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

Mr. President - The House of Representatives have adopted the following resolution:

Resolved, That the Senate be informed that this House is now ready to receive them, to go into the election of a judge of the fifth judicial circuit, and that the west end of the Hall is assigned for their reception.

Whereupon, the members of the Senate repaired to the House of Representatives, and having taken their seat, Mr. President arose, and announced the object of the meeting.

When both Houses proceeded to the election of judge of the fifth judicial circuit, to supply the vacancy occasioned by the resig-


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nation of the Honorable Clement C. Clay; Henry Minor, Esquire and General William I. Adair, being in nomination.

For Mr. Minor,

40.

Mr. Adair,

35.

Those who voted for Mr. Minor, are,

Mr. President

Murphy

Dennis

McConnico

Phillips

Bibb

Powell

Fields

Merriwether

Perkins

Casey

Shackleford

Fitts

McLemore

Sims

Coats

Smith

Fluker

Moore of mar.

Shotwell

Conner

Sullivan

Hill of T.

Mardis

Sargent

Hopkins

Wood

Harrison

Mead

Skinner

Metcalfe

Crenshaw

Jones

McLauglin

Vining

Moore

Creagh

Lister

Martin

Weissinger- 40.

Those who voted for Gen. Adair, are,

Mr. Armstrong

Beck

Harvey

McVay

Peyton

Crabb

Brown

Hill of B.

Moore of Mad.

Pickett

Devereux

Barclay

Haines

Moore of J.

Salter

McCamy

Dale

Hardwick

Manly

Smith

McVay

Fleming

Jackson

Miller

Tindall

Mr. Speaker

Goodhue

King

Philpott

Whitaker- 35.

Ashley

Hallett

Lanier

Powell

Henry Minor, Esquire, having received a majority of the whole number of votes, was declared by Mr. Speaker to be duly and constitutionally elected judge of the fifth judicial circuit, to supply the vacancy occasioned by the resignation of the Hon. C. C. Clay.

The election having been completed, the Senate withdrew and retired to their own Chamber, and Mr. President resumed the chair.

On motion, the Senate adjourned till to-morrow morning at 10 o’clock.