Saturday, December 4, 1824.

The Senate met pursuant to adjournment.

A message from the House of Representatives by Mr. Tunstall their assistant clerk- Mr. President, the House of Representatives have read a third time and passed a bill originating in your honorable body entitled An act to establish a county therein named, and for other purposes. They disagree to the amendment made by your honorable to a bill entitled, An act to incorporate a volunteer infantry corps in the city of Mobile, to be styled 'the Mobile Republican Greens,' by striking out the second section thereof- They concur in the amendment made by your honorable body to said bill by adding two additional sections. They have read a third time and passed bills which originated in their house, of the following titles, to wit: An act to authorise the representatives of Malachi Gould, deceased, to sell certain real estate, and for other purposes; A joint resolution authorising the Comptroller to issue his warrant in favor of Ew'd Herndon, for services as


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assistant adjutant general;  Joint resolution authorising and requiring the Governor to issue arms to volunteer companies of infantry therein named; An act to alter the place of selling lands and negroes by the sheriff of Bibb county in certain cases; An act appointing agents to select a certain quarter section of land for the county of Shelby and for other purposes; An act to repeal in part and amend an act, passed Dec. 17, 1823, authorising Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named. In which they desire your concurrence.

Mr. Bibb presented a petition of a company of light infantry in Montgomery county, praying to be furnished with arms & c. which was read and ordered to be referred to the military committee, to consider and report thereon.

On motion of Mr. Shackleford, Ordered that the Senate recede from their amendment to the bill entitled, an act to incorporate a volunteer infantry corps in the city of Mobile, to be styled the Mobile Republican Greens, by striking out the second section thereof. Ordered that the secretary acquaint the House therewith.

Mr. President laid before the Senate the following communication from John Beck, a member of the House of Representatives:

Cahawba, December 4, 1824

To the President of the Senate of the state of Alabama: - Sir, I am so unwell that I cannot attend the House. The election for Senator to the Congress of the United States, I consider of the utmost importance to the vital interest of the state of Alabama.

I would request you to lay the subject before the House and that the House would procrastinate the election till I can attend to give my vote-- or that the House would devise some mode to receive my vote by members authorised by the House, and clerks for that purpose, and that my vote in that manner may be entered on the journals of the House.

                        Very respectfully,          (Signed)           JOHN BECK.

Ordered, that said communication lie on the table.

Bills and joint resolution from the House of Representatives, of the following titles, to wit: An act to alter the place of selling lands and negroes by the sheriff of Bibb county, in certain cases; An act appointing agents to select a certain quarter section of land for the county of Shelby, and for other purposes; An act to repeal in part and amend an act passed Dec. 17, 1823, authorising Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named; An act authorising and empowering the school commissioners of the 16th section, 4th township, and 7th range in the distract of lands sold at Huntsville, to lease a small part thereof for the purpose of having a mill erected thereon; Joint resolution authorising the comptroller to issue his warrant in favor of Edward Herndon for services as assistant adjutant general; and An act to authorise the representatives of Malachi Gould, deceased, to sell certain real estate, and for other purposes; were severally read a first time; ordered that said bills be made the order of the day for a second reading on Monday next.

A joint resolution, from the House of Representatives authorising and requiring the Governor to issue arms to volunteer companies of

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infantry therein named, was read the first time, and ordered to lie on the table till Monday next.

Mr. Conner obtained leave to introduce a bill to be entitled, an act to amend an act entitled an act to amend an act to establish a public road from Ditto's Landing to Marston Mead's in Blount county; which was read the 1st time and ordered to be read the 2d time on Monday next.

Engrossed bills to be entitled an act concerning public roads in the county of Montgomery; and, an act pointing out the manner by which the streets in the town of Greensboro' shall be opened and kept in good order, were read the 3d time and passed.  Ordered that the titles be as aforesaid, and that they be sent to the House for concurrence.

A bill to be entitled, an act to alter the time of appointing overseers of roads, was read the 2d time. Mr. McVay offered the following amendment to said bill: Sec. And be it further enacted, that so much of the sixth section of an act, entitled an act to reduce into one the several acts concerning roads, bridges, ferries and highways, passed Dec. 21, 1820, as makes it the duty of every person appointed overseer of a road to notify the clerks of their county courts of their acceptance or refusal to act as such, be and the same is hereby repealed; which was adopted. Ordered that said bill be committed to the committee on roads, bridges and ferries, to consider and report thereon.

A bill to entitled, an act authorising executors, &c. to relinquish lands under the act of Congress of the 18th May, 1824, was read the second time and ordered to be referred to the committee on the judiciary, to consider and report thereon.

A bill to be entitled, an act to retrench the expenses of this state and for other purposes, was read the second time. Mr. Hopkins moved that 60 copies of said bill be printed for the use of the Senate. Mr. Wood moved that 100 copies of said bill be printed for the use of the Senate, which was carried. Yeas 12, Nays 6.

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

Mr. President, Conner, Crabb, Hopkins, Metcalfe, Moore, McVay, Powell, Shackleford, Smith, Sullivan, and Wood- 12.

Those who voted in the negative are,

Messrs. Bibb, Coats, Devereaux, McCamy, Murphy and Taggert- 6.

On motion of Mr. Taggert, Ordered, that said bill lie on the table.

Mr. Wood offered the following resolution: Resolved, that the Senate, with the concurrence of the House of Representatives, will appoint a member of the Senate to receive the vote of the Hon. John Beck, a representative from the county of Wilcox, now confined in his bed by sickness, in the election for a Senator to the Congress of United States, to take place this evening at 3 o'clock, and have appointed on their part

and request the House of Representatives to appoint a member of their body with their clerk, to act with the aforesaid member and secretary, receiving the aforesaid vote, and that the same be entered on the journals of the General Assembly. Ordered, that said resolution lie on the table for the present.

Mr. Taggert moved to reconsider the vote of the Senate on the passage of the bill entitled an act divorcing Sarah R. Swansey from James N. Swansey, which was carried. The question was then put, shall the bill pass? and determined in the affirmative by a constitutional majority. Yeas 12, Nays 3.


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The yeas and nays being required, those who voted in the affirmative are, Mr. President, Coats, Conner, Crabb, Devereux, Hopkins, McCamy, Moore, Powell, Smith, Sullivan, Taggert- 12.

Those who voted in the negative, are, Messrs. Metcalfe, McVay, Wood- 3.

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

And then the Senate adjourned till half after 2 o'clock this evening.

Evening Session.

Mr. Casey obtained leave to introduce a joint resolution entitled, a resolution authorising Mr. Beck, a member from Wilcox county, to vote in his room, which was read the first time. On motion the rule which requires all joint resolutions to be read on three several days was dispensed with, and said resolution was read the 2d time forthwith.  On motion, the rule was further dispensed with, and said resolution was considered as engrossed and read the third time and passed. Yeas 10, Nays 7.

The yeas and nays being desired on the passage of said resolution, those who voted in the affirmative, are,

Messrs. Casey, Coats, Crabb, McCamy, Metcalfe, Murphy, Smith, Sullivan, Taggert, Wood- 10.

Those who voted in the negative, are, Mr. President, Bibb, Hopkins, Moore, McVay, Shackleford- 7.  So the resolution was passed.

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

A message from the House of Representatives, by Mr. Tunstall their assistance clerk. Mr. President, I am instructed by the House of Representatives to inform your honorable body that they have read three times and passed a resolution, which originated in your honorable body entitled, a resolution, authorising Mr. Beck a member from Wilcox county to vote in his room, and have amended the same in the manner herewith shewn; in which amendment they desire your concurrence.

On motion, ordered that the Senate concur in the amendment made by the House of Representatives to said resolution. Ordered that the secretary acquaint the House therewith.

Mr. Moore from the joint committee of enrolled bills, Reported as correctly enrolled, A resolution authorising Mr. Beck, a member from Wilcox to vote in this room; which was accordingly signed by Mr. President.

A message from the Governor, by J. I. Thornton, Esq. secretary of state. Mr. President, I am instructed by the Governor to inform you, that he did on this day approve and sign, A resolution authorising Mr. Beck, a member from Wilcox county, to vote in his room; which originated in your honorable body.

In pursuance of a resolution of the two Houses, Mr. President appointed Messrs. Murphy and Crabb as a committee on the part of the Senate to act with such committee as may be appointed on the part of the House of Representatives, who, together with the secretary of the Senate and the clerk of the House of Representatives, are to wait upon and receive at his room, Mr. Beck's vote in the election for Senator to the Congress of the United States, for six years after the 4th day of March next; which is appointed to take place this day at 3 o'clock, P. M. Ordered, that the secretary acquaint the House therewith and desire their concurrence.


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A message from the House of Representatives by Mr. Tunstall--Mr. President, the house of representatives concur in the order of the senate, appointing a committee to wait on Mr. Beck, at his room, and to receive his vote in the election for a Senator to the Congress of the United States, and have appointed on their part Messrs. Baylor and Camp. The following message was also received from the house of representatives by Mr. Tunstall- Mr. President, the house of representatives have adopted the following resolution: Resolved, that a message be sent to the senate informing that body that the house of representatives is convened and ready to proceed to the election of a Senator to Congress, pursuant to a joint resolution of the General Assembly. Resolved that the west end of the representative hall be appropriated to the accommodation of the Senate;

Whereupon, on motion of Mr. Coats the senate repaired to the hall of the house of representatives, and after having taken their seats, Mr. President arose and announced that the two houses had assembled together for the purpose of electing a Senator to represent this state in the Congress of the United States, for the term of six years from and after the 4th day of March next. Mr. White, of the house of representatives, nominated for that office Henry Chambers, and Mr. Moore of J. put in nomination for that office the Hon. William Kelly.

The joint committee appointed to wait on Mr. Beck at his room and receive his vote in the election of Senator, then proceeded to the discharge of that duty, and after they returned made the following report.

The joint committee consisting of Messrs. Murphy and Crabb, on the part of the Senate, and Messrs. Camp and Baylor, on the part of the House of Representatives, who were appointed to wait on John Beck, a sick and absent member of the House of Representatives in order to ascertain who the said Beck would vote for to represent the state of Alabama, as a Senator in the Congress of the United States, have performed that duty, and have instructed me to report, that the said committee waited on and informed the said Beck, that the Legislature had assembled in the House of Representatives to elect a Senator as aforesaid, and that Messrs.  Chambers and Kelly were in nomination for that office; whereupon the said Beck did vote viva voce, in the presence and hearing of said committee for the honorable William Kelly, which vote was duly recorded and taken down by the secretary of the Senate, and the clerk of the House of Representatives.

(Signed)

R. E. B. Baylor

James W. Camp

Thos. D. Crabb,

John Murphy.

On the part of the Senate,

Both Houses then proceeded to vote viva voce for Senator, and upon counting the votes they were found to stand thus- for Henry Chambers 41, for the honorable William Kelly 36.

Those who voted for Henry Chambers, are

Mr. President

Shackleford

Cook

Green    Hill

Parham

     Bibb

     Mr. Speaker

Creagh

Lanier

Perkins

     Conner

Abercrombie

Cunningham

Martin

Rather

     Devereux

Bagby

Dale

McVay

Ruffin

     Hopkins

Barton

Dickinson

Morton

Tapscot

     Moore

Baxter

Dinsmore

McCord

Tindall

     McVay

Byler

Exum

Mead

Watson

     Powell

Camp

Fleming

Oliver

White- 41.


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Those who voted for Mr. Kelly, are

Mr. Casey

Sullivan

Farrar

Miller

Pickett

       Coats

Taggert

Fluker

Moore of J.

Shackleford

       Crabb

Wood

Gaines

Moore of Ma.

Shotwell

       McCamy

Baylor Beck

Jones

Moore of Mo.

Skinner

       Metcalfe

Coleman

Mardis

Peyton

Vining

       Murphy

Crenshaw

Merriwether

Pickens f D.

Weissinger

       Smith

Edmondson

Metcalf

Pickens of G.

Worthington- 16.

Dr. Henry Chambers having received a majority of the whole number of votes, was declared by Mr. Speaker to be duly elected a Senator to represent this state, in the Congress of the United States, for the term of 6 years, from and after the 4th day of March next.

The election having been completed the Senate withdrew. When on motion the Senate adjourned till Monday morning at ten o'clock.