Wednesday, December 24.

The Senate met pursuant to adjournment.

Mr. Powell, from the committee of conference, appointed by the Senate to confer with the committee appointed by the House of Representatives on the disagreement between the two Houses, on the bill, to be entitled an act to provide for taking the census, reported that they have met the committee of the House of Representatives on that subject, and that the joint committee have agreed to recommend to the House of Representatives to recede from their amendments made to the said bill.

The rule being suspended, prohibiting the introduction of new business after yesterday.


127

Mr. Armstrong obtained to introduce a bill, to be entitled an act to enable the mayor and aldermen of the city of Mobile to pass quarantine laws; which was read.  The rule which requires all bills to be read on three several days being dispensed with, the bill was read the second time, and ordered to be engrossed for a third reading on to-morrow.

Mr. Crabb called up the bill, to be entitled an act for the relief of the people of the state of Alabama.

Ordered, That it be engrossed for a third reading on Friday next.

On motion of Mr. Smith, the bill to be entitled an act the better to provide for the families of insolvent debtors, was taken up.

Mr. Armstrong moved, that the further consideration of the bill be postponed 'till the 15th day of January next; which was carried.

Yeas 11.          Nays 7.

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

Mr. President

Coats

Hopkins

Moore

Powell

Armstrong

Conner

McCamy

Murphy

Wood- 11.

Bibb

Those who voted in the negative, are,

Mr. Casey

Devereux

Shackleford,

Sullivan- 7.

Crabb

McVay

Smith

On motion, Ordered, That one hundred copies of the comptroller’s report of the 19th inst. shewing the different objects of taxation embraced in the revenue bill for the present year, together with the amount derived from each object in the several counties of this state, be printed for the use of the Senate.

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

Mr. President --  The House of Representatives, have concurred in the report of the committee appointed on the disagreement between the two Houses, on the act to provide for taking the census; which report recommends to them to recede from their amendment to said bill in striking out that part, that relates to the oath of heads of families.

On motion of Mr. McCamy, the bill to be entitled an act for the relief of the tax collector of Marengo county, was taken up.

Mr. Sullivan offered the following amendment to the bill; “And be it further enacted, That no holder of any public money or tax where the same is not paid over into the treasury in the time prescribed by law, shall be eligible to the appointment of tax collector in any court in this state:”

Mr. Hopkins moved to amend the amendment, by the following; “Provided, That this act shall not be construed to exclude from such appointment, any holder of public money or tax collector, for whom the time of making payment of any such money into the treasury has been extended by act of the General Assembly;” which was adopted.

The question was then put on the adoption of Mr. Sullivan’s amendment; and determined in the negative.

Mr. Casey offered the following amendment to the bill; “And be it further enacted, That the tax collectors hereby intended to be relieved, shall pay into the treasury land office money or specie;” which was adopted.

Ordered, That the bill be engrossed and made the order of the day for a third reading on Friday next.

 


128

Mr. President laid before the senate the late Quarter-master General’s report for the year 1823.  On motion of Mr. Casey, ordered that it be spread upon the Journal of the Senate.  The report is as follows:

1823. Nov. 22.  Camp equipage- W. Tents- C. Tents- Tent Poles Camp Kettles- Aversacks- Pick Axes- Falling Axes- Spades & Shovels none.

11 Muskets- 32 Bayonets- 11 Belts- 18 Boxes- 600 Flints and 8 lbs.

Ball and Buckshot, in good order, in the Arsenal in Cahawba.

21 muskets, damages.                                       do.  

104      do.       and 104 bayonets, sent to Huntsville by order of the Executive, Nov. 1821.

70 muskets and 70 bayonets     do.       Claiborne by order of the Executive in August 1822.

56 muskets and 56 bayonets in possession of the Cahawba Guards.

70        do. and 70        do.       transmitted to Tuskaloosa in obedience to an order, per Ira Griffin, Capt. of a volunteer company, under the act of last session.

Bbls. powder-cartridges --  bar lead and cannon, none

Total 332 muskets, 332 bayonets, 11 belts, 18 boxes, 600 flints and 8 lbs, ball and buckshot.

I certify, that the above report exhibits a true statements of all the camp equipage, quarter master's stores, and ordinances, belonging to the state of Alabama.  Signed, WILLIAM PEACOCK, Q. M. G. state of Alabama.

Mr. Moore, from the joint committee, on enrolled bills, reported as correctly enrolled, an act to incorporate the town of Greensborough in the county of Greene;

An act to divorce Sarah Ann Newman, from her husband Francis Newnam;

An act to divorce Tempy Williams from her husband George Williams;

An act to amend an act, passed at Huntsville the 16th December 1819, entitled an act to establish a public road therein named;

An act to amend an act, entitled an act to establish a turnpike road leading from Lawrence county, to intersect the military road at Pikesville, in Marion county, passed December 26, 1822; and

An act explanatory of the several acts now in force in this state to suppress duelling: All of which were accordingly singed by Mr. President.

A bill, to be entitled an act to authorize the stockholders in the Tombeckbe Bank to remove the same, was read the 2d time, and ordered to be engrossed for a third reading on Friday next.

An engrossed bill, to be entitled an act to declare Bassett's Creek, in Clarke county, a public highway, was read the third time, and ordered to lie on the table.

An engrossed bill, to be entitled an act to authorize Richard Inge and Green Hill, executors of the last will and testament of John J. Inge, deceased, to sell and convey real estate, 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.

Resolutions proposing certain alterations to the Constitution of the state of Alabama, were read the third time, and on the question being put, "Shall the resolutions pass?"  it was decided in the negative.

Yeas 7.            Nays 10.

 


129

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

Mr. Conner

McCamy

McVay

Shackleford

Wood

Crabb

Metcalf

Those who voted in the negative, are,

Mr. President

Casey

Devereux

Moore

Smith

Bibb

Coats

Hopkins

Powell

Sullivan-10.

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

Mr. President- The House of Representatives have passed bill, originating in their House, entitled.

An act divorcing Jane Kelly from her husband James Kelly;

An act to alter and amend an act to provide for assessing and collecting the taxes of this state, passed Dec. 17, 1821;

An act divorcing Robert Blassingam from his wife Elizabeth Blassingam; in all of which they desire your concurrence.

A bill, entitled, an act divorcing Robert Blassingam from Elizabeth Blassingam, was read the first time.  The rule which requires all bills to be read on three several days being dispensed with, the bill was read the second time forthwith, and ordered to be referred to the committee on divorce and alimony, to consider & report thereon.

A bill, entitled an act to alter and amend an act to provide for assessing and collecting the taxes of this state, passed December 17, 1821, was read the first time.

Mr. McVay moved that the further consideration of the bill be indefinitely postponed; which was lost- Yeas 7, Nays 9.

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

Mr. President

Hopkins

Metcalf

Moore

Powell- 7.

Coats

McCamy

Those who voted in the negative, are,

Mr. Casey

Crabb

McVay

Smith

Wood- 9.

Conner

Devereux

Shackleford

Sullivan

On motion, the rule which requires all bills to be read on three several days was dispensed with, and the bill was read the second time forthwith, and ordered to be referred to a special committee, consisting of Messrs. Casey, Crabb, Smith and Sullivan, to consider and report thereon.

A bill, entitled an act divorcing Jane Kelly from her husband James Kelly, was read the first time.  The rule which requires all bills to be read on three several days being dispensed with, the bill was read the second time, and ordered to be referred to the committee on divorce and alimony to consider and report thereon.

Engrossed bill, to be entitled an act in relation to the sixteenth sections, 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.

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 Speaker of the House of Representatives and the President of the Senate be requested to transmit a copy of the preamble and resolutions, which have been adopted by the Senate and House of Representatives, in relation to the election of a President of the United States, to the executive of each of our sister

R


130

states, and to each of our senators and representatives in Congress; and that the Senate be invites to concur in this request.

Ordered, That the Senate concur in said resolution.

Ordered, That the secretary acquaint the House therewith.

A bill, to be entitled an act to provide for the payment in part for slaves executed in this state, was read the second time, and ordered to lie on the table till 3 o'clock this evening.

An engrossed bill, to be entitled an act declaring the old road from Warren Stone's, in Montgomery county, to the town of Montgomery, the state road, and for other purposes, was read the third time, amended by way of rider on Mr. Powell's motion, and passed.

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

An engrossed bill, to be entitled an act to appoint commissioners to improve the navigation of the Tennessee River, was read the 3d time, and passed.

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

Mr. Powell moved that the bill, entitled an act to provide for the choosing electors of President and Vice President of the united States, be referred to the committee heretofore appointed on that subject; which was lost.

Mr. Crabb offered the following amendment to the bill: “Provided, however, they shall be entitled to vote in any county in this state;” which was adopted.

The bill was then read the third time and passed.

Ordered, That the secretary acquaint the House therewith.

An engrossed resolution in relation to certain depreciated paper in the treasury of 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.

And then the Senate adjourned till 3 o’clock this evening.

Evening Session.

Mr. Bibb offered the following resolution: Resolved, by the Senate, that with the concurrence of the House of Representatives, the legislature of Alabama will adjourn on Saturday next, sine die.

Mr. McCamy offered the following amendment to the resolution: “Provided they shall have completed their business.

Mr. McVay moved that the resolution, together with the amendment, lie on the table; which was carried - Yeas 10, nays 6.

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

Mr. President

Coats

Devereux

McVay

Shackleford

Casey

Crabb

McCamy,

Powell

Smith- 10.

Those who voted in the negative, are,

Mr. Bibb

Metcalf

Moore

Sullivan

Wood- 6.

Hopkins

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

Mr. President- The House of Representatives have passed Bills, originating in your honorable body, entitled

An act allowing certain salary to the judge of the county court of Mobile;

An act authorizing Richard Inge and Greene Hill, executors of


131

the last will and testament of John J. Inge, deceased, to sell certain real estate.

They have read three times, and passed bills originating in their House, entitled an act divorcing Drury Connally from his wife Nancy Connally.

They concur in the amendment made by the honorable body to a bill, entitled an act to provide for the choosing electors of President and Vice President of the United States.

They have read a third time and passed, a bill originating in your House, entitled an act declaring the old road from Warren Stone’s in Montgomery county, to the town of Montgomery, the state road, and for other purposes; and resolution in relation to certain depreciated paper in the treasury of this state.

On motion of Mr. McVay, Ordered, That Mr. Sullivan have leave of absence from the Senate, for the remainder of the session after to day.

The rule prohibiting the introduction of new business after yesterday being dispensed with, Mr. Smith obtained leave to introduce a bill, to be entitled an act to appoint commissioners to inquire into the situation of the state and county funds in the county of Clarke; which was read.  The rule requiring all bills to be read on three several days being dispensed with, the bill was read a second and third time forthwith, and passed.

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

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

Mr. President- The House of Representatives have read a third time and passed, a bill originating in your House, entitled an act to establish a certain county therein named.

A bill, entitled an act divorcing Drury Connally from Nancy Connally, was read the first time.  The rule which requires all bills to be read on three several days was dispensed with, and the bill was read the second time, and ordered to be referred to the committee on divorce and alimony, to consider and report thereon.

Ordered, That Mr. Moore be added to the committee on divorce and alimony.

The bill, entitled an act to provide for the payment in part of slaves executed in this state, was taken up.

Mr. Powell moved that the further consideration of the bill be postponed until the first day of next session of the General Assembly: which was carried.

An engrossed memorial of the General Assembly of the state of Alabama to the Congress of the United States, was read the third time, amended by way of rider on Mr. Bibb’s motion, and passed.

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

Ordered, That Mr. Wood be added to the committee of accounts.

A bill, entitled an act to divorce Mary H. Judge from her husband, William Judge, was read the third time and passed.

Yeas 10.          Nays 3.

The yeas & nays being required, those who voted in the affirmative, are,

Mr. President

Crabb

Hopkins

Moore

Smith

Coats

Devereux

McCamy

Powell

Sullivan- 10

 


132

Those who voted in the negative, are,

Mr. Casey

Metcalf

McVay-3.

So the bill was passed.

Ordered, That the secretary acquaint the House therewith.

Mr. Casey having voted in the majority, moved to reconsider the vote of the Senate on the passage of the bill, entitled an act to divorce Margaret Toney from her husband, Charles Toney; which was carried.

The question was then put, “Shall this bill pass?” and determined in the affirmative- Yeas 11, Nays 2.

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

Mr. President

Crabb

Hopkins

Moore

Smith

Bibb

Devereux

McCamy

Powell

Sullivan

Coats

Those who voted in the negative, are,

Mr.  Metcalf

McVay- 2.

So the bill was passed.

Ordered, That the secretary acquaint the House therewith.

The following written communication was received form the Governor, by the secretary of state:

EXECUTIVE OFFICE, December 24,1823.

Gentlemen of the Senate-

In compliance with the resolution of the Senate, requesting such information as I may possess "relative to the African slaves to which this state has a claim" I have the honor to reply that the only African slaves within my knowledge to which this state has now a claim, are those imported in the vessels Constitution, Marion & Louisa in the summer of 1818, amounting in all when imported, to one hundred and nine; those consisted chiefly of young men and boys.

Having on a former occasion presented this subject to the notice of the legislature with such views of the claim of the state, as I deemed due to the public interest and warranted by the laws; and having since from more full reflection and the concurring opinions of many of our most reputable men for legal acquirement in that branch of doctrine and practice found no cause for materially changing the views I then ventured to express; it is not therefore necessary now to do more than to make such cursory reference to the laws of the United States then in force as will lead to an understanding of the present situation of the matter in question.

By these laws African slaves illegally imported were directed to be delivered, when brought in, to the agent that should be appointed by the state, if any, and in want of such agent, to the overseers of the poor, of the port of place.  All these laws subject the importers to penalties and to forfeiture of the vessels in which slaves are illegally imported, and also of the cargoes of such vessels “other than the slaves;” but as to these they are required to be disposed of by the several state authorities under such regulations as may be prescribed by the legislature of such state of territory whereinto they are brought.

Under the laws subjecting the importers to the penalties for illegally importing the slaves in question and the forfeiture of vessels and cargoes other than the slaves, libels are now pending in the supreme court of the United States by appeal from the district court of the Alabama district.

Although it is understood the libels embrace a prayer that the slaves may, in the language of the law, “remain subject to any regulations which the legislature of the state of territory may have made, &c.” yet the only matters directly cognizable before the court and liable to be condemned are the vessels and cargoes other than the slaves.  And although the slaves


133

according to my understanding be not the immediate subjects of the pending controversy, the question of their ownership is incident to the determination of the question of forfeiture of vessel and cargo, and will be conclusively governed by that determination.

As regard the slaves it is evident there are but two primitive and ostensible parties the original owners who imported the, called “the claimants,” on the one hand, and the state to whose disposition alone the acts of Congress gave them in case their importation be illegal on the other hand.

As respects the interest which our state or territorial laws allow to meritorious persons as informers, &c. these will, of course, be recognized as sharers under the paramount interest of the state.

Considering the claim of the state in these slaves as depending on the determination of the libels pending in the supreme court, I deemed the matter worthy of some attention and requested the Hon. William Kelly to consult with and aid the attorney general so far as the interest of the state should seem to required.

I lay before you the report of Mr. Kelly on that subject, and also the report of Thomas Murray, esquire, solicitor of the circuit who applied on behalf of the agent of the state, who was appointed in virtue of the act of last session to the district court of the United States, for possession of the slaves pendente lite.

Those reports will show the reasons which induced me to expect a more favorable result to the application and that no actual opposition was made by the claimants.

I have reason to expect that on a further continuance of the causes, the reasonableness of the application of the state for this temporary possession- the public utility designed to be promoted by it in the improvement of the public roads, &c.  The prospect of health and better security of the slaves will induce the claimants not merely to withhold their objections, but to yield their positive assent rather than to allow this property to be wasting its value in the employment of individuals or an officer of the court, during the long protracted controversy.

(Signed)           ISRAEL PICKENS.

On motion of Mr. Casey, Ordered, That the accompanying documents be spread upon the journal.

Report of the Hon. William Kelly, to his Excellency ISRAEL PICKENS, Governor of Alabama.

According to your instructions I examined the cases of the United States, vs. the schooners Constitution, Louisa and Marino, and the Africans imported in them respectively, and prepared the cases for argument at the last term of the supreme court of the United States.  Some cases of a similar nature were pending, which and been brought up from Georgia.- The attorney general moved the court to take up the cases out of their order on the docket, on account of the great importance of a speedy decision. That course was opposed so earnestly by those who stood before them on the docket, that the court determined not to take them up out of their proper order.  All hopes of a trial at last term then vanished, and it became important to attend to your further instructions relative to the possession of the negroes pendente lite, and I accordingly brought that subject before the court, by moving for an order to be made for the delivery of the negroes to the agent of the state according to the act of the legislature at the last session upon that subject.

At the time of making the motion the chief justice observed, that he was under the impression that the court at a former term had decided a similar question, and that the question had better be postponed until the next day in order to examine into the nature and extend of previous decisions, and accordingly that course was pursued.


134

In the course of the time so allowed I examined accordingly and ascertained, that it had been decided that in admiralty cases the custody of reslitigata did not go with the cause into the supreme court, but remained in the district or circuit court from which the appeal had been taken.  Theat being the case, it was obvious that the supreme court could not consistently make the order required.  I however thought it proper to bring the subject again before the court, and done so on the next morning.  Upon that occasion the chief justice observed, that the custody remained with the district court, and the order could be made there as well after the appeal as before and doubtless would be made on application, as no objection could be perceived to the course proposed.  The counsel for the negroes to be given up to the state authority.  If the supreme court had had jurisdiction the order would certainly have been made.

The foregoing accounts exhibit truly and fairly the situation of the cases so far as I have been concerned in their management; all of which is submitted with great respect.

(Signed)           WILLIAM KELLY.

Cahawba, June 15th, 1823.

Report of Thomas Murray, Esq.- Cahawba, December 2, 1822.

SIR- At the last June term of the district court of the United States for the district of Alabama, I made a motion to the court, the object of which was to have delivered to Lud Harris as agent of the state of Alabama, the African slaves imported into this state in the year 1818, in the vessels Constitution, Marion and Louisa, and which had been condemned as forfeited under the laws of the United States, prohibiting the salve trade.  It was expressly stated that the motion was not made with a view to divest the court of its jurisdiction over the African slaves, but that the agent should hold them until the final termination of the case then pending by appeal in the supreme court of the United States.

The slaves in question were at all times to be subject to the order of the district court, and the agent was not only to bind himself as agent of the State of Alabama, but that any additional security would be given, should the court require it, for the safe keeping and prompt delivery of the slaves to the order of the court.  David Rust Esq.  the leading counsel for the claimants assisted me in drawing up the motion, and made no opposition to it before the court.  The motion was however overruled by the court, and the salves in question remain in the possession of the marshal of the U. States for the district of Alabama.  I have been of opinion that it was particularly the duty of the agent of the state to make a report of his proceedings relative to said slaves, and did not charge my memory particularly with all that was said when the motion was made at the request of the agent an in his name; and I think the foregoing is the substance of it.

I am, very respectfully, your most ob't.

THOMAS MURRAY,

His Excellency ISRAEL PICKENS.                 Solicitor of 1st jud. circuit.

Mr. Hopkins moved that the communication, together with the accompanying documents, lie on the table, which was lost.

Yeas 5.            Nays 11.

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

Mr. President

Bibb

Conner

Hopkins

Moore- 5.

Those who voted in the negative, are,

Mr. Casey

Devereux

Metcalf

Powell

Sullivan

Coats

McCamy

McVay

Smith

Wood- 11.

Crabb

On motion, Ordered, That they be referred to the special committee appointed on so much of the Governor's Message, as relates to slaves illegally imported.


135

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

Mr. President- The House of Representatives have read a third time and passed a bill, originating in your House, entitled an act to amend an act entitled an act to regulate the proceedings in the courts of law and equity in this state.

They have adopted the following resolution: Resolved, That this House, with the concurrence of the Senate, will meet this day at 7 o’clock, P.M. for the purpose of electing members of the different Medical Boards; and that the west end of the Representative Hall be set apart for the reception of the Senate: in which they desire your concurrence.

They have passed bills, originating in their House, entitled an act to alter the name of, and legitimate a certain person therein named;

An act providing for the collection of moneys due the counties and county taxes;

An act to authorize the administrators of Walter Otey, deceased, to sell certain real estate;

An act to repeal in part, an act declaring certain roads therein named public roads, until otherwise provide for by law, passed December 24, 1822; in all of which they desire your concurrence.

On motion, Ordered, That the Senate concur in the resolution of the House of Representatives, proposing to go into the election of members of the different Medical Boards in this state this evening at 7 o’clock.

Ordered, That the secretary acquaint the House therewith.

A bill, entitled an act to repeal in part, an act declaring certain roads there in named, public roads, until otherwise provided for by law, passed December 25, 1822; was read the first time: the rule which requires all bills to be read on three several days being dispensed with, it was read the second and third time forthwith and passed.  Ordered, That the secretary inform the House thereof.

A bill, to be entitled an act to alter the name of, and legitimate a certain person therein named, was read the first time: the rule requiring all bills to be read on three several days was dispensed with, and the bill was read the second time, and ordered to lie on the table.

A bill, entitled an act providing for the collection of moneys due the counties and county taxes; was read the first time; the rule requiring all bills to be read on three several days being dispensed with, it was read the second time, and ordered to be read the third time on Friday next.

A bill, to be entitled an act to authorize the administrators of Walter Otey, deceased, to sell real estate; was read the first time: the rule requiring all bills to be read on three several days being dispensed with, it was read the second time, and ordered to be read the 3d time on Friday next.

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 repeal part of an act entitled an act to appoint commissioners for the counties of Pike and Covington; and,

An act for the relief of Benjamin Hatch; in which they desire your concurrence.


136

They have read a third time and passed a bill, originating in your House, entitled an act to authorize Rebecca Fletcher to emancipate a certain slave therein named; and have amended the same by inserting, after the word "same" in the third line from the bottom, the accompanying amendment: in which our concurrence is respectfully desired.

A bill, to be entitled an act for the relief of Benjamin Hatch, was read the firs time.  The rule which requires all bills to be read on three several days being dispensed with, the bill was read the second time forthwith, and ordered to be referred to the committee on roads, bridges and ferries, to consider and report thereon.

A bill, to be entitled an act to repeal part of an act to appoint commissioners for the counties of Covington and Pike, was read the first time.  The rule which requires all bills to be read on three several days was dispensed with, and the bill was read the second time, and ordered to lie on the table.

On motion, Ordered, That the Senate concur in the amendment made by the House of Representatives to the bill, entitled an act to authorize Rebecca Fletcher to emancipate a certain slave therein named.  Ordered, That the secretary acquaint the House therewith.

On motion, 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 received them in the west end of their hall for the purpose of electing members of the different Medical Boards established in this state: Whereupon the members of the Senate repaired to the House of Representatives, and after having taken the seats assigned them, Mr. President arose and announced the object of the meeting, when the two Houses proceeded to elect three members of the Medical Board established at Huntsville.

Doctors Henry Chambers, Thomas Fearn and Young A. Gray, being in nomination.

For Doct. Chambers,

69.

Doct. Fearn,

69.

Doct. Gray,

69.

Those who voted for Doctors Chambers, Fearn and Gray, are,

Mr. President

Wood

Goodhue

McVay

Pickett

Casey

Mr. Speaker

Hallett

Moore of Mad.

Perkins

Coats

Adair

Harvey

Moore of J.

Salter

Crabb

Ashley

Hill of T.

Moore of Mar.

Sims

Devereux

Beck

Hill of B.

Mardis

Shotwell

Hopkins

Brown

Harrison

Mead

Sargent

McCamy

Barclay

Haines

McLaughlin

Skinner

Metcalf

Crenshaw

Jackson

Manly

Smith

Moore

Creagh

Jones

Martin

Tindall

McVay

Dale

King

Miller

Vining

Powell

Dennis

Lister

Phillips

Whitaker

Shackleford

Fitts

Lanier

Philpott

Weissinger

Smith

Fluker

Merriwether

Powell

Young -- 69

Sullivan

Fleming

McLemore

Peyton

Docts. Chambers, Thos. Fearn and Young A. Gray having received all the votes present, were declared by Mr. Speaker to be duly elected members of the Medical Board established at Huntsville.


137

The two houses then proceeded to elect three members of the medical board at Tuskaloosa.

Drs. William Parnell, Robert L. Kennon & Richard Inge being in nomination, the votes were

For Dr. Purnell

69

Dr. Kennon

69

Dr. Inge

69

Those who voted in the Dr. Purnell, Dr. Kennon and Dr. Inge, are the same as in the election of members of the medical board established at Huntsville.

Doctors William Purnell, Robert L. Kennon and Richard Inge, having received all the votes present were declared by Mr. Speaker, to be duly elected members of the medical board established at Tuskaloosa.

The two houses then proceeded to the election of three members of the medical board at Cahawba.

Doct's. Clement C. Billingslea, Wheeler Randall, Daniel Lang, Edward Gantt, James Kelly, Edward Vassar, Thomas O. Meux and John H. Miller in nomination: the votes were

For Dr. Billingslea

57

For Dr. Long

16

Dr. Randall

45

Dr. Gantt

21

Dr. Meux

34

Dr. Kelly

13

Dr. Miller

17

Dr. Vasser

  4

Those who voted for Dr. Billingslea are, Mr. President, Crabb, Devereux, Hopkins, Metcalf, Moore, Powell, Shackleford, Smith, Sullivan, Mr. Speaker, Adair, Ashley,  Beck, Brown, Barclay, Creagh, Dale, Dennis, Fitts, Fluker, Fleming, Goodhue, Hallett, Harvey, Hill of T., Hill of B., Haines, Jackson, Jones, King, Lister, Lanier, McLemore, McVay, Moore of Mad., Moore of J., Moore of Mar, Mardis, Mead, McLaughlin, Manly, Martin, Miller, Philpott, Powell, Peyton, Pickett, Salter, Sims, Shotwell, Skinner, Smith, Tindall, Vining, Weissinger and Young- 57.

Those who voted for Dr. Randall are, Mr. Crabb, Hopkins, McCamy, Moore, Powell, Shackleford, Wood, Mr. Speaker, Adair, Ashley, Brown, Barclay, Creagh, Dale, Dennis, Fitts, Fleming, Goodhue, Hill of T., Hill of B., Harrison, Haines, Jackson, Jones, Lister, Lanier, Merriwether, McLemore,  McVay, Moore of Mad., Moore of J., Mardis, Mead, Manly, Martin, Philpott, Powell, Peyton, Pickett, Perkins, Shotwell, Smith, Tindall, Whitaker and Young- 45.

Those who voted for Dr. Long are, Mr. Casey, Coats, Devereux, Metcalf, Murphy, Smith, Sullivan, Wood, Ashley, Fluker, Hallett, Hill of B., King, McLemore, McLaughlin and Weissinger- 16.

Those who voted for Dr. Gantt are, Mr. President, McCamy, Brown, Barclay, Crenshaw, Harvey, Harrison, Jackson, Mardis, Mead, Manly, Martin, Phillips, Peyton, Pickett, Perkins, Sims, Sargent, Smith, Tindall and Whiatker- 21.

Those who voted for Dr. Miller are, Mr. Casey, Coats, Murphy, Beck, Crenshaw, Creagh, Haines, King, Merriwether, McLaughlin, Miller, Phillips, Sims, Sargent, Smith, Tindall and Whitaker- 17.

Those who voted for Dr. Kelly are, Mr. Coats, Devereux, Metcalf, Wood, Dennis, Fluker, Hallett, Hill of T., Harrison, Moore of Mar., Perkins, Salter, Skinner- 13.

Those who voted for Dr. Meux are, Mr. President, Crabb, Hopkins, McCamy, Moore, Powell, Shackleford, Smith, Mr. Speaker, Adair, Crenshaw, Dale, Fitts, Fleming, Goodhue, Harvey, Jones, Lister, Lanier, Merriwether, McVay, Moore of Mad., Moore of J., Moore of Mar., Miller, Phillips, Philpott, Powell, Salter, Sargent, Skinner, Vining, Whitaker and Young- 34.

Those who voted for Dr. Vasser are, Messrs. Casey, McVay, Sullivan and Beck- 4.

Doctors Clement C. Billingslea and Wheeler Randall having received a

S


138

majority of the whole number of votes were declared by Mr. Speaker to be duly elected members of the medical board established at Cahawba.

The two houses then proceeded to elect a third member of the medical board at Cahawba.

Doctors Thomas O. Meux, Edward Gantt and John H. Miller being in nomination the votes were

For Doct. Meux

35

Doct. Gantt

20

Doct. Miller

14

Those who voted for Dr. Meux are, Mr. President, Crabb, Hopkins, Moore, McVay, Powell, Shackleford, Wood, Mr. Speaker, Adair, Crenshaw, Dale, Fitts, Fleming, Hallett, Jones, Lister, Lanier, McLemore, McVay, Moore of Mad., Moore of Mar., Moore of J., Miller, Phillips, Philpott, Powell, Salter, Shotwell, Sargent, Skinner, Smith, Vining, Whitaker and Young- 35.

Those who voted for Dr. Gantt are, Messrs. McVay, Ashley, Brown, Barclay, Fluker, Goodhue, Harvey, Hill of T., Hill of B., Harrison, Jackson, Mardis, Mead, Manly, Martin, Peyton, Pickett, Perkins, Sims and Tindall- 20.

Those who voted for Dr. Miller are Messrs. Casey, Coats, Devereux, Metcalf, Smith, Sullivan, Beck, Creagh, Dennis, Haines, King, Merriwether, McLaughlin and Weissinger- 14.

Doct. Thomas O. Meux having received a majority of the whole number of votes was declared by Mr. Speaker to be duly elected a member of the medical board established at Cahawba.

The two houses then proceeded to the election of three members of the medical board at Claiborne

Doctors John Bonner, John Watkins, William H. Stewart, James Simpson and Joseph Wilson, being in nomination the votes were

For Doct. Bonner

66

For Doct. Simpson

11

Doct. Watkins

61

Doct. Willson

3

Doct. Stewart

63

Those who voted for Dr. Bonner are, Mr. President, Casey, Coats, Crabb, Devereux, Hopkins, McCamy, Metcalf, Moore, McVay, Powell, Shackleford, Smith, Sullivan, Mr. Speaker, Adair, Ashley, Brown, Barclay, Crenshaw, Creagh, Dale, Fitts, Fluker, Fleming, Goodhue, Hallett, Harvey, Hill of T., Hill of B., Harrison, Haines, Jackson, Jones, King, Lister, Lanier, Merriwether, McLemore, McVay, Moore of Mad., Moore of J., Moore of Mar., Mardis, Mead, McLaughlin, Manly, Martin, Miller, Phillips, Philpott, Powell, Peyton, Pickett, Perkins, Salter, Sims, Shotwell, Sargent, Skinner, Smith, Tindall, Vining, Whitaker, Weissinger and Young- 66.

Those who voted for Dr. Watkins are the same as those who voted for Dr. Bonner, except Messrs. Crabb, McVay, Shackleford, Barclay and Harrison; and Mr. Beck in addition to those who voted for Dr. Bonner voted for Dr. Watkins- 61.

Those who voted for Dr. Stewart are the same that voted for Dr. Watkins and Messrs. Dennis and Harrison in addition- 63

Those who voted for Dr Simpson are, Messrs. Casey, Crabb, Metcalf, McVay, Shackleford, Smith, Sullivan, Beck, Barclay, Dennis, Harrison - 11

Those who voted for Dr. Wilson are, Messrs. Smith, Barclay, Dennis- 3

Doctors John Bonner, John Watkins and William A. Stewart having received a majority of the whole number of votes were declared by Mr. Speaker to be duly elected members of the medical board established at Claiborne.

The two houses then proceeded to the election of three members of the medical board at Mobile.


139 [page originally number 138]

Doctors Thomas L. Carthy, Elias Roberts, Solomon Mordecai and John B. Cumming being in nomination the votes were

For Doct. Carthy

61

For Doct. Roberts

51

Doct.  Mordecai

59

Doct. Cumming

15

Those who voted for Dr. Carthy are, Mr. President, Crabb, Devereux, Hopkins, McCamy, Moore, McVay, Powell, Shackleford, Smith, Sullivan, Mr. Speaker, Adair, Ashley, Beck, Brown, Barclay, Crenshaw, Creagh, Dale, Dennis, Fitts, Fleming, Fluker, Goodhue, Hallett, Harvey, Hill of T., Hill of B., Harrison, Haines, Jackson, Jones, King, Lister, Lanier, Merriwether, McLemore, McVay, Moore of Mad., Moore of J., Moore of Mor., McLaughlin, Manly, Martin, Miller, Phillips, Philpott, Powell, Peyton, Pickett, Salter, Sims, Shotwell, Sargent, Skinner, Smith, Vining, Whitaker, Weissinger and Young-61.

Those who voted for Dr. Mordecai are, Mr. President, Crabb, Devereux, Hopkins, McCamy, Moore, Powell, Shackleford, Smith, Mr. Speaker, Adair, Ashley, Beck, Brown, Barclay, Crenshaw, Creagh, Dale, Dennis, Fitts, Fluker, Fleming, Goodhue, Hallett, Harvey, Hill of T., Hill of B., Harrison, Haines, Jackson, Jones, King, Lister, Lanier, Merriwether, McLemore, McVay, Moore of Mad., Moore of Mar., Moore of J., Mead, McLaughlin, Manly, Martin, Miller, Phillips, Philpott, Powell, Peyton, Pickett, Salter, Sims, Shotwell, Sargent, Skinner, Smith, Vining, Whitaker, Weissinger and Vining --  59.

Those who voted for Dr. Roberts are, Mr. President, Devereux, Hopkins, McCamy, Moore, McVay, Powell, Shackleford, Smith, Sullivan, Adair, Ashley, Crenshaw, Creagh, Dale, Dennis, Fitts, Fluker, Fleming, Goodhue, Hallett, Harvey, Hill of T., Hill of B., Harrison, Haines, Jackson, Jones, King, Lister, Lanier, Merriwether, McLemore, McVay, Moore of Mad, Mead, McLaughlin, Manly, Martin, Phillips, Philpott, Salter, Sims, Shotwell, Sargent, Skinner, Smith, Vining, Whitaker, Weissinger and Young- 51

Those who voted for Dr. Cumming are Mr. Crabb, McVay, Sullivan, Mr. Speaker, Beck, Brown, Barclay, Haines, Moore of J., Moore of Mar., Mead, Miller, Powell, Peyton and Pickett- 15.

Doctors Thomas L. Carthy, Solomon Mordecai and Elias Roberts having receive a majority of the whole number of votes were declared by Mr. Speaker to be duly elected members of the medical board established at Mobile.

The elections having been gone through, the Senate withdrew, and returned to their own chamber, and Mr. President resumed the chair.

When on motion, the Senate adjourned till Friday morning at 10 o’clock.