Tuesday, December 9.

The Senate met pursuant to adjournment.

Mr. Moore presented the memorial of the trustees of Greene Academy in Madison county; which was read and ordered to be referred to the committee on schools and colleges, and school and college lands, to consider and report thereon.

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

An act restricting the recovery of claims against the counties respectively in certain cases.

An act to amend an act entitled an act to establish a public road from the house of John Gandie, in Morgan county, to Baltimore or Morgan’s Springs in Blount county, passed December 23, 1822; and resolutions extending the time of payment for lots in the town of Cahawba; all of which were signed by Mr. President.

Mr. Bibb, from the joint committee, to whom was referred a resolution of both Houses of the General Assembly instructing them to examine the documents in relation to the superintending the printing the Digest and making the Index for the same, reported that they have had the subject under consideration, and among the documents submitted to the view of your committee they find a letter under date of the 15th of April last, by which Henry Hitchcock, esquire, of Cahawba was appointed to the performance of that duty, by his Excellency the Governor of this state.  From a minute investigation of the various circumstances in relation to the subject of said resolution, they are of opinion that fourteen hundred and twenty-five dollars will be a fair and reasonable allowance to Mr. Hitchcock for his services in this regard; and also reported a bill, to be entitled an act making appropriation to Henry Hitchcock; which was read and ordered to a second reading on to morrow.

A message from the Governor by J. J. Pleasants, esquire, secretary of state:

EXECUTIVE DEPARTMENT,

December 9, 1823.

Gentlemen of the Senate and of the House of Representatives,

I have just received the resignation of Henry Hitchcock, esquire, as a trustee of the University of Alabama.

ISRAEL PICKENS.

H


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Ordered, That the communication lie on the table.

Mr. Armstrong, from the special committee to whom was referred the bill, entitled an act to repeal the acts of the General Assembly heretofore passed, authorizing the circuit courts of this state to decree divorces, Reported the same as amended; which was concurred in.  Ordered, That the bill be engrossed for a third reading on to morrow.

Mr. Powell offered the following resolution: Resolved, That his Excellency the Governor be requested to communicate to the Senate what disposition has been made of the several Salt Springs, granted by the United States, to the state of Alabama, if leased, to whom and the probable amount of available funds, that will annually accrue from the same; which was adopted.

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

Mr. President:- The House of Representatives concur in the resolution proposing to go into the election of trustees of the University of Alabama, this evening at 3 o’clock.

A bill, entitled an act to authorizing the county court of Limestone county, to make certain allowances therein named; and

An act to amend an act entitled an act established a public road from Ditto's Landings to Marston Mead's, were severally read the first time, and ordered to a second reading on to-morrow.

On motion of Mr. Bibb, Resolved, That with the concurrence of the House of Representatives, the Senate will assembly in the Hall at three o'clock this evening for the purpose of electing a trustee of the University, in the place of Henry Hitchcock, esquire, this day resigned.  Ordered, That the secretary acquaint the House of Representatives therewith, and desire their concurrence.

Mr. Wood called up the resolution heretofore offered by him, proposing, with the concurred of the House of Representatives, to go into the election, on Tuesday last, of all the officers of this state whose offices are vacated, and the filling of which devolves on the legislature; and moved to amend the same by striking out the word “on Tuesday next” and inserting in lieu thereof the words “on Friday next at 3 o'clock. P.M.” which was carried.  The question was then put on the adoption of the resolution as amended, and determined in the affirmative.  Ordered, That the secretary acquaint the House of Representatives therewith, and desire their concurrence.

A bill entitled an act to regulate costs in criminal cases; and An act restricting officers from taking commissioners on costs collected on executions, were severally read the second time, and referred to the committee on the judiciary, to consider the repeal thereon.

A resolution fixing the time when appointments shall be made by the General Assembly, was read the second time, and ordered to lie on the table.

An engrossed bill, entitled  “An act pointing out the manner by which the streets in the town of Montgomery and Tuskaloosa shall be kept in good order;”

An act to authorize Rebecca Fletcher to emancipate a certain slave therein named; and a resolution respecting the further distribution of the laws of this state, were severally read the third time


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and passed.  Ordered, That they be sent to the House of Repreresentatives for concurrence.

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

Mr. Sullivan offered an additional section as an amendment to the bill; which was adopted.

Mr. Powell moved to strike out that part of the bill which provides for the establishment of an election precinct at the house of George Sprewell on Magby’s creek; which was carried.

Mr. Powell also move to amend the bill by adding to the eight section the words "and one at Vanhoo’s Store," which was carried.

Mr. Sullivan moved to strike out the words “at the house of John Gray” in the first section, and insert in lieu thereof, the words “at the town of Coosawda,” which was carried.

Mr. Conner offered an additional section, as an amendment to the bill; which was adopted.  Ordered, That it pass to a third reading on to morrow.

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

Mr. President- The House of Representative, concur in the resolution of your honorable body, proposing to go into the election of all the officers of this state, whose offices are vacated, on Friday next at 3 o’clock.

The also concur in the resolution of your honorable body, to go into the election of a trustee of the University, to fill the vacancy occasioned by the resignation of Henry Hitchcock, esquire, this evening at 3 o’clock.

Mr. Wood obtained leave to introduce a bill to be entitled an act to repeal the charter of the Planter's and Merchants' Bank of Huntsville, which was read and ordered to pass a second reading on to-morrow.

Mr. Armstrong obtained leave to introduce a bill, to be entitled an act allowing to the judge of the county court of Mobile county, a certain salary: which was read, and ordered to pass to a second reading on to morrow.

And then the Senate adjourned till 3 o'clock, P.M.

Evening Session.

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 in order to go into the election for trustees; and that the west end of the Hall be assigned for their reception: Whereupon the members of the Senate repaired to the Representative Hal, 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 trustee of the University of Alabama for the first judiciary circuit, to supply the vacancy occasioned by the resignation of George W. Owen, Doct. George Buchanan and A.P. Bagby, esquire, being in nomination.


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The votes stood thus:- For George Buchanan 39. For A.P. Bagby 36.

Those who voted for George Buchanan, are,

Mr. Casey

Reps

Gayle

Lanier

Miller

Coats

Mr. Ashley

Harvey

McConnico

Pickett

Metcalf

Beck

Hill, of T.

Merriwether

Salter

Murphy

Brown

Hill, of Bibb,

McVay

Sims

McVay

Creagh

Harrison

Moore, of Mad.

Shotwell

Smith

Dennis

Harvey

Moore, of Mar.

Tindall

Sullivan

Fields

King

McLaughlin

Vining

Wood

Fluker

Lister

Manly

Weissinger.-

Those who voted for Mr. Bagby, are,

Mr. President

Moore

Fitts

Mardis

Peyton

Armstrong

Powell

Fleming

Mead

Perkins

Bibb

Shackleford

Goodhue

Martin

Sargent

Conner

    (Reps.)

Hallett

Oliver

Skinner

Crabb

Mr. Speaker

Jackson

Phillips

Smith

Devereux

Barclay

Jones

Philpott

Whitaker

Hopkins

Crenshaw

Moore, of J.

Powell

Young- 36.

McCamy

Dale

George Buchanan having a majority, the speaker declared him duly elected.

Both Houses then proceeded to the election of a trustee in the second judicial circuit, to supply the vacancy occasioned by thee resignation of Henry Hitchcock, esquire, Bolling Hall, alone being in nomination.

Those who voted for Mr. Hall, are,

Mr. President

Smith

Fitts

McConnico

Philpott

Armstrong

Sullivan

Fluker

Merriwether

Powell

Bibb

Wood.

Fleming

McVay

Peyton

Coats

(Reps)

Gayle

Moore of Mad.

Pickett

Conner

Mr. Speaker

Goodhue

Moore of J.

Perkins

Crabb

Ashley

Hallett

Moore of Mar.

Sims

Devereux

Beck

Harvey

Mardis

Shotwell

Hopkins

Brown

Hill of T.

Mead

Sargent

McCamy,

Barclay

Hill of B.

McLaughlin

Skinner

Metcalf

Crenshaw

Harrison

Manly

Smith

Moore,

Creagh

Haines

Martin

Vining

Murphy

Dale

Jackson

Miller

Whitaker

McVay

Dennis

Jones

Oliver

Weissinger

Powell

Fields

Lister

Phillips

Young- 70.

Shackleford

 

(Scattering- Mr. Casey voted for Mr. Evans; Mr. Lanier voted for Mr. Pickens)

Mr. Hall having a majority, Mr. Speaker declared him duly elected.

Both Houses then proceeded to elect a trustee in the fourth judicial circuit, to supply the vacancy occasioned by the resignation of John McKinley, Esq.  Arthur F. Hopkins and Hugh McVay being in nomination.

The votes stood thus- For Mr. Hopkins, 51.

  For Mr. McVay, 21.

Those who voted for Mr. Hopkins, are,

Mr. President

(Reps)

Goodhue

Moore of J.

Salter

Armstrong

Mr. Speaker

Hallett

Mardis

Sims

Bibb

Ashley

Harvey

Mead

Sargent

Casey

Crenshaw

Hill of T.

Martin

Skinner

Coats

Creagh

Jackson

Miller

Smith

Crabb

Dale

Jones

Oliver

Tindall

Devereux

Dennis

Lister

Phillips

Vining

Moore

Fitts

Lanier

Philpott

Whitaker

Murphy

Fluker

McConnico

Picket

Weissinger

Powell

Fleming

Merriwether

Perkins

Young- 51

Shackleford

Gayle

 


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Those who voted for Mr. McVay, are,

Mr. Conner

Wood.

Fields

King

Manly

McCamy

(Reps.)

Hill of B.

McVay

Powell

Metcalf

Mr. Beck

Harrison

Moore of Mad.

Peyton

Smith

Brown

Haines

McLaughlin

Shotwell- 21.

Sullivan

Barclay

Mr. Hopkins having a majority of the whole number, Mr. Speaker declared him duly elected.

Both houses then proceeded to election a trustee in the sixth judicial circuit supply the vacancy occasioned by the death of Robert W. Carter; Samuel W. Oliver and Gen. Enoch Parsons being in nomination.

The votes stood thus:- For Mr. Oliver, 51.

For Gen. Parsons, 22.

Those who voted for Mr. Oliver, are,

Mr. President

(Reps.)

Goodhue

Mead

Perkins

Armstrong

Mr. Speaker

Hallett

McLaughin

Salter

Bibb

Ashley

Harvey

Manley

Shotwell

Coats

Barclay

Harrison

Martin

Sargent

Conner

Creagh

Jones

Miller

Skinner

Devereux

Dale

King

Phillips

Smith

Hopkins

Dennis

Merriwether

Philpott

Tindall

McCamy

Fields

Moore of J. 

Powell

Whitaker

Moore

Fitts

Moore of Mar.

Peyton

Weissinger

Powell

Fluker

Mardis

Pickett

Young- 51.

Shackleford.

Fleming.

Those who voted for gen. Parsons, are,

Mr. Casey

Smith

Crenshaw

Jackson

McVay

Crabb

Sullivan

Gayle

Lister

Moore of Mad.

Metcalf

Wood.

Hill of T.

Lanier

Sims

Murphy

(Reps.)

Hill of B.

McConnico

Vining- 22.

McVay

Mr. Beck

Haines

Mr. Oliver having a majority of the whole number of votes, Mr. Speaker declared him to be duly elected.

The elections having been gone through, 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.