Thursday, Dec. 1, 1825.  The Senate met pursuant to adjournment.

Mr. Vanhoose presented the petition of sundry inhabitants of Fayette county, concerning the residence of the clerk of the county court of said county, which was referred to a special committee, consisting of Messrs. Vanhoose, Powell and Bagby.

Mr. Bagby presented the account of Jesse C. Farrar, sheriff and jailor of Monroe county, which was referred to the committee on accounts and claims.

Mr. Clay from the special committee to which was referred so much of the Governor's message as relates to gaming and gambling tables, reported a bill to be entitled an act to prohibit the further granting license for gaming tables, which was read the first time and ordered to be read the second time on tomorrow.

Mr. Powell, from the special committee to which was referred the petition of Humphrey Buck, reported a bill to be entitled an act, authorizing Humphrey Buck to emancipate his negro man slave, Gabriel, and his wife, which was read the first time and ordered to be read the second time on to-morrow.


33

Mr. Gaines, from the committee on propositions and grievances to which was referred the petition of sundry inhabitants of Bibb county on the subject of ferries, Reported, That the laws in force on the subject, afford all the relief which the legislature have the power to extend; they are, therefore, of opinion that the prayer of the petitioners is unreasonable and ought not to be granted.  Ordered, That the report lie on the table.

Mr. Abercrombie moved to reconsider the voted of the Senate amending the resolution of the House, proposing to go into the election of a state printer and judges of the county courts of Jefferson and Shelby counties; which was carried.

Mr. Abercrombie then moved to amend the resolution, so as to go into the election this day, at the hour of 3 o'clock, P.M. which was carried.  Ordered, that the Secretary acquaint the House of Representatives therewith.

Mr. Jackson of Lau introduced a memorial to the Congress of the United States praying further relief to purchasers of public lands; which was read the first time and ordered to be read the second time on to-morrow.

Mr. Sullivan offered the following resolution: Resolved, That the judiciary committee be instructed to inquire into the expediency of amending the law relative to personal estates of testators of intestates so that widows may be allowed dower out of personal estate; that said committee be further instructed to inquire into the expediency of making provision by law for laying out one year's provision for the widow and minors of deceased persons, which was adopted.

Mr. Jones offered the following resolution: Resolved, that the judiciary com. be instructed to inquire into the expediency of passing a law to prevent any person from being sued before a justice of the peace, except the justices elected for the beat in which the defendant resides, which was adopted.

Mr. Jackson of A. offered the following resolution: Resolved that the committee on county boundaries be instructed to inquire into the expediency of making the Little Mulberry creek the dividing line between the counties of Bibb and Autauga, commending where the line which divides township numbered 19 and 20 cross said creek to that point or place where the range line which divides ranges 13 and 14 crosses said creek, and have leave to report by bill or otherwise, which was adopted.

On motion of Mr. Abercrombie, Ordered that Mr. Jackson of A. and Mr. Sullivan be added to the committee on county boundaries.

Engrossed bills to be entitled, an act to amend the act entitled an act for the limitation of actions and for avoiding vexatious law suits, passed Feb. 2, 1802; An act to require security upon granting a supersedeas; and An act authorizing sheriffs to serve notices, were severally read the 3d time and passed. Ordered that the titles of the bills be as aforesaid, and that they be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled an act to repeal in part and amend in part an act restricting officers fro making commissioners on costs collected by them on executions, passed Dec. 31st, 1823, was read the 3d time and ordered to lie on the table.

D.


34

A bill to be entitled an act authorizing Jacob Johnson to emancipate a certain slave therein named, was read the 3d time.

Mr. Casey offered the following amendment to the bill, by way of rider, Provided that he shall leave the state within six months, and not return to reside therein; which was read three several times and adopted.  The question was then put " shall the bill pass as amended?" and determined in the affirmative.  Ordered, That the same be returned to the House of Representatives.

A bill to be entitled an act to authorize Joseph Price to erect a mill dam across the Mulberry fork of Tuscaloosa river, was read the second time, amended on Mr. Powell's motion, and ordered to be engrossed for a 3d reading on tomorrow.

A message from the House of Representatives by Mr. Tunstall their clerk: Mr. President, the House of Representatives concur in the resolution of the Senate appointing a joint com. to examine into the situation of the state arsenal, and the state arms therein, and have appointed on their part Messrs. Davis, Greening and Broadnax. They have read three times and passed bills which originated in their House, entitled an act authorizing the county court of Limestone county to make certain allowances therein named; and, an act regulating the mode of summoning jurors for Greene county; in which they desire your concurrence.

They concur in the amendment made by the Senate to their resolution, proposing to go into the election of a State Printer, and Judges of the County Courts of Jefferson and Shelby counties.

A bill (from the House of Representatives) entitled, an act authorizing the county court of Limestone county to make certain allowances therein named; and an act regulating the mode of summoning jurors for Greene county,- were severally read the first time, and ordered to be read the second time on to-morrow.

A bill to be entitled, an act to emancipate negro man Peter, was read the second time.

Mr. Casey offered the following amendment to the bill: "Provided he shall within six months after his emancipation leave this state, never to return;" which was rejected.

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

A bill to be entitled, an act to authorize the administrator of George Dabney to sell certain property therein named, was read three second time, and referred to the committee on the judiciary to consider and report thereon.

A bill entitled, an act for the relief of the principal pilot of Mobile Bay; and an at to emancipate John Robinson, a slave,--  were severally read the second time, and ordered to be read the third time tomorrow.

Mr. Clay presented the petition of the administrators of John M. Johnson, deceased, praying authority to convey certain real estate; which was read and referred to the committee on the judiciary, to consider and report thereon.

Mr. Jackson of Au. offered the following resolution: Resolved, That a select committee be appointed for the purpose of bringing in a bill, to appoint commissioners to select such eligible sites for the location of the permanent seat of government as may comport with the


35

best public interest, and to report to the present session of the general assembly several eligible sites so selected, with the natural advantages of each fertility of the surrounding country and prospects of health, &c.

Mr. Powell moved that the resolution lie on the table; which was carried- yeas 11, nays 10.

The yeas and nays being desired, those who voted in the affirmative are Messrs. President, Brown, Clay, Crabb, Crawford, Jackson of L. McCamy, Merriwether, Powell, Skinner, Vanhoose- 11.

Those who voted in the negative, are

Messrs. Abercrombie, Ash, Bagby, Casey, Gaines, Irwin, Jackson of Au. Jones, Miller, Sullivan- 10.  So the resolution said laid on the table; and them the Senate adjourned till 3 o'clock this evening.

3 O'CLOCK, P.M. - The Senate met pursuant to adjournment.

A message from the House of Representatives, by Mr. Tunstall, their clerk: Mr. President --  The House of Representatives have adopted the following resolution, in which they desire your concurrence Resolved, That a committee be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to wait on Mr. Bailey of Lau.  a member of this House, absent and confined through indisposition, and receive his vote in the election of state printer; they have appointed on their part Messrs. Coalter, Coopwood and King.

The question was put on concurring in said resolution, and determined in the negative.

A message was received from the House of Representatives, by Mr. Tunstall, their clerk, in voting the Senate to assembly in the Representative Hall for the purpose of electing a state printer, and judges of the county courts of Shelby and Jefferson counties. --  Whereupon, the members of the Senate proceeded to the Representative Hall; and, after having taken their seats, Mr. President rose and announced the object of the meeting; when the two Houses proceeded to the election of a state printer --  William B. Allen, and Dodson & Lumpkin being in nomination for Wm. B. Allen, 46- Dodson & Lumpkin, 36- Eastin, 1- Grantland, 1.

Those who voted for the Mr. Allen, are

Mr. Ash

Sullivan

Coopwood

Lewis

Saffold

Casey

Vanhoose

Crenshaw

Martin of R.

Shotwell

Irwin

Mr. Speaker

Davis

Martin of La.

Sims

Gaines

Armbrister

Dellett

McLemore

Vining

Jackson of A.

Beason

Fitzpatrick

McNeill

Walthall

Jones

Baxter

Fluker

Moore

Warren

McCamy

Brandon

Greening

Neill

Watson

Merriwether

Bridges

Jones

Peyton

Weissinger

Miller

Coleman

King

Pickens

White-46

Skinner

Those who voted for Messrs. Lumpkin & Dodson, are

Mr. President

Mr. Bailey of L.

Coe

Hickman

Morton

Abercrombie

Bailey of Mt.

Cook

Inge

Oliver

Bagby, Brown

Barton of Mo.

Conner

Lambert

Tate

Clay

Barton of Tus

Creagh

Lyon

Thornton

Crawford

Baylor

Dupuy

Mardis

Tindall

Jackson of L.

Broadnax

Hallett

Martin of Li.

Vaughan

Powell

Coalter

Heard

Mead

Williams- 36.

Mr. Crabb voted for Mr. Eastin, and Mr. Edmondson for Mr. Grantland.


36

William B. Allen having received a majority of votes, Mr. Speaker declared him duly elected public printer for the ensuing twelve months.  Both Houses then proceeded to the election of a Judge of the county court of Shelby county: Joab Loller being in nomination- Mr. Loller 32.  Those who voted for Mr. Loller, are

Mr. President

Powell

Coe

Inge

Peyton

Abercrombie

Skinner

Coleman

Jones

Pickens

Ash

Sullivan

Cook

King

Saffold

Bagby

Vanhoose

Conner

Lambert

Shotwell

Brown

Mr. Speake

Coopwood

Lewis

Sims

Casey

Armbrister

Creagh

Lyon

Tate

Clay

Bailey of Mont.

Crenshaw

Mardis

Thornton

Crabb

Bartonof Mo.

Davis

Martin of Fra.

Tindall

Crawford

Barton of Tus.

Dellett

Martin of Lau.

Vaughan

Irwin

Baylor

Dupuy

Martin of Lim.

Vining

Gaines

Baxter

Edmondson

Mead

Walthall

Jackson of Au.

Benson

Fitzpatrick

McLemore

Warren

Jones

Bridges

Greening

Moore

Weissinger

McAmy

Broadnax

Hallett

Morton

White

Merriwether

Brown

Heard

Neill

Williams- 84.

Miller

Coalter

Hickman

Oliver

Mr. Loller having received a majority of votes. Mr. Speaker declared him duly elected Judge of the county court of Shelby county.  both Houses then proceeded to the election of a Judge of the county court of Jefferson county; Peter Walker and William K. Paulding being in nomination- for Peter Walker 52, for William K Paulding 32.  Those who voted for Peter Walker, are

Mr. President

Jackson of La.

Broadnax

Hickman

Sims

Abercrombie

Jones

Brown

Inge

Tate

Ash

Merriwether

Coe

Jones

Thornton

Bagby

Powell

Coleman

Lambert

Tindall

Brown

Skinner

Cook

Mead

Vaughan

Clay

Vanhoose

Creagh

McLemore

Vining

Crabb

Bailey of Mont.

Crenshaw

Moore

Warren

Crawford

Barton of Mol

Depuy

Morton

Weissinger- 52.

Irwin

Barton of Tus.

Edmondson

Oliver

Gaines

Baylor

Hallett

Saffold

Jackson of Au.

Benson

Heard

Shotwell

Those who voted for William K. Paulding, are

Mr. Casey

Brandon

Fitzpatrick

Martin of Fran.

  Walthall

McCamy

Bridges

Fluker

Martin of Lau.

Watson

Miller

Coalter

Greening

Martin of Lim.

White

Sullivan

Conner

King

McNeill

Williams- 32.

Mr. Speaker

Coopwood

Lewis

Neill

Armbrister

Davis

Lyon

Peyton

Baxter

Dellett

Mardis

Pickens

Mr. Peter Walker having received a majority of votes, Mr. Speaker declared him duly elected Judge of the county court of Jefferson county.  The election having been completed, the Senate withdrew and returned to their own chamber, and Mr. President resumed the chair; when, on motion, the Senate adjourned till to-morrow morning at 10 o'clock.