Saturday, 27th November, 1824.

The Senate met pursuant to adjournment.

Mr. Coats presented the petition of Thomas Wright of Greene


35

county, praying the passage of a law authorising him to emancipate certain slaves, which was read, and ordered to be referred to the committee on propositions and grievances, to consider and report thereon. Mr. Wood from the special committee, to which was referred a bill to be entitled an act to establish a certain county therein named, reported the same without amendment. Ordered, that said bill be engrossed, and made the order of the day for a third reading on Monday next.

Mr. Hopkins; from the judiciary committee, to which was referred the petition of sundry citizens of Perry county, to alter the law concerning the fraudulent claims of property, reported, that said committee have had the same under their consideration, and instructed him to report, that in their opinion, all the protection is afforded by the existing laws to the rights of judgment creditors, which could be extended without prejudice to what may be the just and valid claims of third persons to the property in the possession of the debtors or such creditors, which was concurred in.

Mr. Hopkins from the same committee to which was referred a resolution on the subject, made the following report: the judiciary committee to whom was referred a resolution instructing them to inquire whether a new county, not having a sufficient population, but the fractions from the adjoining counties when added would give the requisite numbers can constitutionally be separately represented; have had the same under their consideration & instructed me to report that the addition of the residuum of the population of any county to that of a new county, which does not contain a number of white inhabitants equal to the ratio fixed by law, for a representative, is not authorised by the sixteenth section of the sixth article of the constitution, which section is the only one in the constitution that provides for the representation of new counties, and expressly restricts their right to separate representation, until they are entitled by their own members, as a committee understand, the article, to such representation, nor is such addition of a residuum permitted by the eighth section of a third article of the constitution which directs the disposition of residuums; this section authorises a residuum to be added to another residuum only, and secures the rights of representing the united residuums to the county having the largest number in them. The committee are therefore of opinion, that if the white inhabitants of a new county, are not equal to the ratio fixed by law for  a representative, they must be considered as to the right of representation, as the inhabitants of the county or counties from which such new county was taken. (Signed) A. F. HOPKINS, Chairman.

Which report was concurred in.

Mr. Hopkins from the same committee to which was referred a resolution on the subject, reported a bill to be entitled an act, requiring plaintiffs to give security for costs, in all actions sounding in damages which may be hereafter instituted; which was read a first time, and ordered to be read a 2d time on Monday next.

A message from the House of Representatives, by Mr. Tunstall, their assistant clerk. Mr. President the House of Representatives have read three times and passed bills originating in their House, entitled an act to authorise Mary Ann Kennedy to emancipate a certain slave therein named; An act to repeal part of an act entitled an act declaring the old road from Warren Stone's in Montgomery county,


36

to the town of Montgomery, the state road, and for other purposes; An act to repeal in part an act therein mentioned, and requiring the plea of set-off, or notice thereof in certain cases, in which they desire your concurrence. They concur in the amendment made by your honorable body to the bill entitled an act to repeal in part and amend an act, entitled an act to authorise David Peobles to continue a toll bridge over the Escambia Creek in Conecuh county. Mr. Bibb called up the bill entitled an act, the more effectually to obtain the testimony of absent witnesses by interrogatories and to remedy the inconvenience of their being called to distant counties for the purpose of giving evidence. On motion, Ordered, that the bill lie on the table till Wednesday next.

 A bill from the House of Representatives, entitled an act to repeal in part an act therein mentioned, and requiring the plea of set-off, or notice thereof in certain cases; An act to authorise Mary Ann Kennedy to emancipate a certain slave therein named; And an act to repeal part of an act, entitled an act declaring the old road from Warren's Stone's in Montgomery county, to the town of Montgomery, the state road and for other purposes; were severally read the first time and ordered to be read a second time on Monday next.

Mr. President laid before the Senate the following communication from Samuel Pickens, comptroller of public accounts.

COMPTROLLER'S OFFICE, Nov. 27, 1824.

SIR- I have the honor through you, to lay before the Senate the enclose report on the finances of the state for the year ending the 26th instant.

I am very respectfully your obt. servt.

SAMUEL PICKENS.

HON. NICHOLAS DAVIS, President of the Senate.

Ordered, That said communication, together with the accompanying document lie on the table, and that two hundred copies of said report, be printed for the use of the Senate.

Mr. Smith offered the following resolution, Resolved, that the judiciary committee be instructed to inquire into the expediency of passing a law authorising sheriffs, pay for collecting cost ; and report by bill or otherwise, which was rejected.

A resolution in relation to unsettled land claims, below the 31st degree of north latitude, and pre-emption rights, was read a third time and passed. Ordered, that the secretary acquaint the House of Representatives therewith.

A bill to be entitled, an act for the relief of Charles Pearson, was read the second time. Mr. McVay moved to amend the bill by striking out that part of it which gives Mr. Pearson interest on the amount he has overpaid into the treasury; which was lost. Ordered, that said bill be made the order of the day for a third reading on Monday next.

A bill to be entitled, an act concerning the issuing and executing original process by justices of the peace; 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 establish the Mobile society of literature, was read the second time, and ordered to be read the third time on Monday next.

A bill to be entitled, an act to exempt the citizens of the town of


37

Elyton, in Jefferson county, and the citizens of the town of Sommerville, in Morgan county, and the citizens of the town of Tuscumbia, in Franklin county, from working on public roads beyond the limits of said towns, was read the second time, and ordered to be referred to the committee or roads, bridges and ferries, to consider and report thereon.

A message from the House of Representatives, by Mr. Dodson, their clerk: Mr. President, The House of Representatives have read a third a passed bills originating in their House entitled, An act to incorporate a volunteer infantry corps in the city of Mobile, to be styled, the Mobile Republican Greens; An act amendatory of an act regulating escheats in this state and to appoint escheators, and for other purposes in which they desire your concurrence. The first bill mentioned in said message was read the first time, and the rule requiring all bills to be read on three several days being dispensed with, the said bill was read the second time forthwith, and ordered to be committed to the military committee, to consider and report thereon. The second bill mentioned in the said message was read the first time, and ordered to be read a second time on Monday next.

A bill to be entitled, an act declaring Cotaco, in Morgan county, a public highway, was read the second time and ordered to be read the third time on Monday next.

The following communication was received from the Governor, by Samuel Pickens, Esq.:

EXECUTIVE DEPARTMENT, November 27th, 1824.

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

I have received the resignation of James J. Pleasants, Esq. as Secretary of State. In communicating to you this information, I am also requested to express the grateful sense entertained by that valuable and intelligent officer, for the evidence of confidence he has received from the General Assembly. I am respectfully, &c.

ISRAEL PICKENS.

A bill to be entitled, an act to repeal part of an act entitled an act to authorise Rebecca Fletcher to emancipate a certain slave therein named, passed Dec. 29, 1823, was read the second time and ordered to be read the third time on Monday next.

A bill to be entitled an act divorcing Abraham Beadle from Letitia Beadle, was read the second time, and ordered to be referred to the committee on divorce and alimony, to consider and report thereon.

Mr. Shackleford offered the following resolution: Resolved, that the Senate, with the concurrence of the House of Representatives, will convene in the Representative chamber, this day at the hour of 3 o'clock, for the purpose of electing a Secretary of State, to fill the vacancy occasioned by the resignation of James J. Pleasants; which was adopted. Ordered, that the secretary acquaint the House therewith.

Resolution in relation to certain objects of internal improvement within the state of Alabama, was read the second time.

Mr. Sullivan offered an amendment to said resolution in relation to the improvement of the navigation of the Cahawba river, from its confluence with the Alabama to its falls in Bibb county; which was adopted.

Mr. Moore moved to amend said resolution by striking out the word "Florence," and inserting the words "Marathon or head of the Mus-


38

cle Shoals;” which was carried. Ordered, that said resolution be made the order of the day for a third reading on Monday next.

Engrossed bills of the following titles, to wit: An act to regulate proceedings on penal bonds; An act regulating sheriff's sales; An act amendatory to an act concerning divorce, passed Dec. 21, 1820; and an act to prevent judges of the county courts from issuing warrants in civil cases; were severally read the third time and passed. Ordered, that the titles of said bills be as aforesaid, and that they 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 concur in the resolution of your honorable body, proposing to go into the election of a Secretary of State, this evening at three o'clock.

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

Evening Session- A message from the House of Representatives, by Mr. Dodson, their clerk: Mr. President, the House of Representative have adopted the following resolution: Resolved, that the Senate be informed the House of Representatives are ready to receive them in the Hall to go into the election of a State Printer, Secretary of State, and Judge of the county court of Montgomery county, and that the west part of the Hall be prepared for their reception:

Whereupon the members of the Senate repaired to the Hall of the House of Representatives, and after having taken the seats assigned them, Mr. President arose and announced the object of their meeting; when both Houses proceeded to the election of a Judge of the county court of Montgomery county: Benajor S. Bibb alone being in nomination. For Mr. Bibb 76 votes.

Those who voted for Mr. Bibb, are

Mr. President

Sullivan

Crenshaw

Martin

Pickens of D.

      Casey

Taggert

Cunningham

McVay

Pickens of G.

      Coats

Wood

Dale

McCord

Pickett

      Conner

Mr.  Speaker

Dickinson

Mead

Rather

      Crabb

Abercrombie

Dinsmore

Merriwether

Ruffin

      Devereux

Bagby

Edmondson

Metcalf

Shackleford

      Hopkins

Barton

Exum

Miller

Shotwell

      McCamy

Baylor

Farrar

Moore of J.

Skinner

      Metcalfe

Baxter

Fleming

Moore of Ma.

Tapscot

      Moore

Beck

Fluker

Moore of Mo.

Tindall

      Murphy

Byler

Gaines

Morton

Vining

      McVay

Camp

Green

Oliver

Watson

      Powell

Coleman

Hill     Jones

Parham

Weissinger

      Shackleford

Cook

Lanier

Perkins

Worthington

      Smith

Creagh

Mardis

Peyton

White- 76.

Benajor S. Bibb having received a majority of the whole number votes, was declared by Mr. Speaker to be duly elected Judge of the county court of Montgomery county.

Both Houses then proceeded to the election of a State Printer:

Wm. B. Allen and Thomas P. Lumpkin being in nomination - For Mr. Allen 40- Mr. Lumpkin 35 votes.

Those who voted for Mr. Allen, are

Mr. Casey

Sullivan

Creagh

Merriwether

Pickens of G.

       Coats

Taggert

Crenshaw

Metcalf

Pickett

       Crabb

Wood

Cunningham

Miller

Shackleford

       McCamy

Mr. Speaker

Dinsmore

Moore of J.

Shotwell

       Metcalfe

Baylor

Farrar

Moore of Ma.

Skinner

       Murphy

Beck

Fluker

Moore of Mo.

Tindall

       McVay

Byler

Gaines

Peyton

Vining

       Smith

Coleman

Jones

Pickens of D.

Worthington- 40.


39

Those who voted for Mr. Lumpkin, are

Mr. President

Shackleford

Dale

Martin

Perkins

       Bibb

Abercrombie

Dickinson

McVay

Rather

       Conner

Bagby

Exum

McCord

Ruffin

       Devereux

Barton

Fleming

Mead

Tapscot

       Hopkins

Baxter

Green

Morton

Watson

       Moore

Camp

Hill

Oliver

Weissinger

       Powell

Cook

Lanier

Parham

White- 35.

The Speaker thereupon declared Wm. B. Allen duly elected.

Both Houses then proceeded to the election of a Secretary of State to supply the vacancy occasioned by the resignation of J. J. Pleasants James I. Thornton, William Bower, and John E. Graham, being in nomination, the votes were,

For Mr. Thornton 53- For Mr. Bower 10- For Mr. Graham 14.

The Speaker thereupon declared James I. Thornton duly elected.

Those who voted for Mr. Thornton, are

Mr. President

Shackleford

Edmondson

Mead

Pickens of G.

       Bibb

     Mr. Speaker

Exum

Merriwether

Rather

       Coats

Abercrombie

Farrar

Metcalf

Ruffin

       Conner

Baylor

Fleming

Miller

Shotwell

       Crabb

Baxter

Fluker

Moore of J.

Skinner

       Hopkins

Byler

Gaines

Moore of Ma.

Tapscot

       McCamy

Camp

Hill

Morton

Tindall

       Metcalf

Coleman

Lanier

Parham

Vining

       Moore

Creagh

Mardis

Perkins

White

       McVay

Dickinson

Martin

Peyton

Worthington-53

       Powell

Dinsmore

McVay

Those who voted for Mr. Bower, are

Mr. Casey

Wood

Crenshaw

Jones

Pickens of D.

       Taggert

Beck

Cunningham

McCord

Weissinger- 10

Those who voted for Mr. Graham, are

Mr. Devereux

Sullivan

Cook

Moore of Mo.

Shackleford

       Murphy

Bagby

Dale

Oliver

Watson- 14.

       Smith

Barton

Greene

Pickett

The electing having been completed the Senate withdrew and returned to their own chamber, and the President resumed the chair; when on motion the Senate adjourned till Monday morning at 10 o'clock.