Thursday, Dec. 8, 1825.-  The Senate met pursuant to adjournment.

Mr. Sullivan presented the petition of sundry inhabitants of Bibb county, concerning the boundary line of said county; and also in relation to the pre-emption right of said county to a quarter section of land granted by the general government to said county for county purposes; which was read and referred to the committee on county boundaries to consider and report thereon.

Mr. Sullivan also presented the petition of Mourning Chesney, praying that her property acquired since her former husband separated from her may be exempted from the payment of his debts; which was read and referred to the committee on the judiciary to consider and report thereon.

Mr. Crawford, from the committee on the judiciary, to whom was referred the petition of Wm. W. Stephenson and Wm. Johnson, administrators of John M. Johnson, dec'd praying that they may be permitted to convey a quarter section of land belonging to the estate of said John M. Johnson, dec'd, and which thy have conditionally sold for the sum of 2000 dollars, submitted the following report: It is stated in the petition that the said quarter section of land belongs to the heirs of the said John M. Johnson, dec'd.  By law the title to real estate vests in the her immediately upon the death of the ancestor. This title of the heir, it is believed, cannot be divested by legislative act.  Your committee therefore recommend to the House the adoption of the following resolution: Resolved, that the prayer of the petitioners is unreasonable and ought not to be granted; which was concurred in.

Mr. Crawford from the same committee, to whom was referred the petition of John Racby, Jesse Robins, and John Sides, jr. made the following report: It is stated in the petition that John Sides died possessed of forty acres of land, and that all his legatees are desirous that the said land should be sold.  By our law, lands descend in case there be no will to the heirs of the decedent, and it is believed that the legislature cannot divest their title.  In case there be a will, it is clear the title of the devisee cannot be divested by a legislative act.  Your committee, therefore, recommend the adoption of the following resolution: Resolved, that the prayer of the petitioners is unreasonable, and ought not to be granted, which was concurred in.

Mr. Crawford from the same committee, to whom was referred 


52

resolution of the Senate, instructing them 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 best in which the defendent resided, reported-

“By the 10th section of the 5th article of the Constitution, the jurisdiction of Justices of the Peace is made co-extensive with the limits of the county for which they were elected - Your committee, therefore recommend the adoption of the following resolution: Resolved, That the Legislature have no power to limit the jurisdiction of the Justices of the Peace to the beats in which they are elected;” which was concurred in.

Mr. Crabb, from the military committee to which was referred a resolution on the subject, reported a bill, to be entitled, an ct the better to organize the militia of the counties of Covington and Dale; which was read, and ordered to be read the second time tomorrow.

Mr. Jackson, of Aut. obtained leave to introduce a bill to be entitled, an act for the better selection, drawing, and summoning grand jurors; which was read, and ordered to be read the second time to-morrow.

The Senate then proceeded to the order of the day.

A bill from the House of Representatives entitled, an act for the improving the navigation of the port and harbour of Mobile, was read the third time and passed.  Ordered, That the same be returned to the House of Representatives.

A bill to be entitled, an act explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed 31st December, 1822, was read the second time, and referred to the judiciary committee to consider and report thereon.

Engrossed bills entitled, an act declaring Big Loss Creek a public highway; and an act to provide a speedy remedy against the obligors in injunction bonds, --  were severally read the third time and passed. Ordered, That the titles be as aforesaid, and that they be sent to the House of Representatives for their concurrence

Mr. Crawford called up the bill to be entitled, an act to repeal in part an act entitled an act for the punishment of crimes and misdemeanors.  Mr. Miller offered the following amendment to the bill: “And be it further enacted, That when any person shall appear and plead guilty, the Court shall proceed to assess the fine, or fix the time of imprisonment, without the intervention of a jury within the limits prescribed by law;” which was adopted.  Mr. Crawford offered the following amendment to the bill: "Sec. - And be it further enacted, That it shall be lawful for the Court, before which any person or persons shall be convicted of any crime or misdemeanor, the punishment of which shall be fine and imprisonment, or either, to here testimony in mitigation of aggravation of the offence;” which was adopted. Ordered, That the bill be engrossed, and made the order of the day for a third reading tomorrow.

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 of three member be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to examine the books and accounts relating to the offices of the comptroller of public accounts, and to the


53

treasury department of this state, with authority to send for persons and papers, and with instructions to report the state and situation of the respective departments to both branches of the General Assembly; and further, to recommend any measure necessary which the committee may deem expedient to be adopted, in relation to an improved organization of the departments aforesaid.  They have appointed on their part Messrs. Hallett, Lyon, and Creagh.

They concur in the resolution of your honorable body, to go into the election of Judges of the county courts of Dale, Fayette, and Marion counties this day, at the hour of 3 o'clock P.M.

Ordered, That the Senate concur in the above resolution from the House of Representatives; whereupon Messrs. Crawford, Jackson of Laud, and Bagby were appointed a committee on the part of the Senate.

Ordered, That the Secretary acquaint the House of Representatives therewith.  And then the Senate adjourned till 3 o'clock this evening.

Three o'clock, P.M.-  The Senate met pursuant to adjournment.

A message from the House of Representatives, by Mr. Mardis, a members thereof- Mr. President, The House of Representatives have read three times and passed, a joint resolution proposing to appoint commissioners to examine certain sites for the location of the seat of government of the state of Alabama; in which they desire your concurrence.  The resolution was read the first time.

Mr. Casey moved that the rule requiring joint resolutions to be read three several days be dispensed with; and that the resolution be read the second time forthwith.

Mr. Crawford moved that the resolution lie on the tale, which was carried- Yeas 15, nays 6.

The yeas and nays being desired, those who voted in the affirmative, are- Mr. President, Ash, Bagby, Brown, Clay, Crabb, Crawford, Gaines, Jackson of Laud. McCamy, Merriwether, Powell, Skinner, Sullivan, and Vanhoose - 15.

Those who voted in the negative, are- Mr. Abercrombie, Casey, Irwin, Jackson of A. Jones, and Miller- 6.  So the resolution was laid on the table.

A message was received from the House of Representatives by Mr. Tunstall their clerk, inviting the Senate to assembly in the Representative Hall, for the purpose of going into several elections, according to a former resolution: whereupon the members of the Senate repaired to the Representative Hall, and after having taken their seats, Mr. President arose and announced the object of the meeting; when the two Houses proceeded to the election of a solicitor of the 6th judicial circuit of this state, Benjamin Fitzpatrick, and Samuel W. Mardis being in nomination.  For Mr. Fitzpatrick 65, for Mr. Mardis 16.

Those who voted for Mr. Fitzpatrick are

Mr. President

Powell

Brown

Hallett

Oliver

Ash

Skinner

Coalter

Heard

Pickens

Bagby

Sullivan

Coe

Hickman

Saffold

Casey

Vanhoose

Cook

King

Shotwell

Crabb

Mr. Speaker

Conner

Lambert

Sims

Crawford

Armbrister

Coopwood

Lyon

Tate

Gaines

Bailey of Mt.

Crenshaw

Martin of Fr.

Vaughan

Jackson of A.

Barton of Mo.

Davis

Martin of La.

Vining

Jackson of L.

Baxter

Dellett

McLemore,

Walthall

Irwin

Benson

Edmondson

McNeill

Warren

Jones

Brandon

Fitzpatrick

Moore

Watson

Merriwether

Bridges

Fluker

Morton

Weissinger

Miller

Broadnax

Greening

Neill

White,


54

Those who voted for Mr. Mardi, are

Mr. Abercrombie

Baylor

Dupuy

Martin of Li.

Thornton

Brown

Coleman

Inge

Jones

Mead

Tindall

Barton of Tus

Creagh

Lewis

Peyton

Williams.

Benjamin Fitzpatrick having received a majority of the whole number of votes was declared, by Mr. Speaker, to be duly elected Solicitor for the sixth judicial circuit in this state.

The two Houses then proceeded to elect a Judge of the county court for Dale county: Isaac Ledbetter alone being in nomination.  For Mr. Ledbetter 83 votes.

Mr. President

Skinner

Coleman

Jones

Pickens

Abercrombie

Sullivan

Cook

King

Saffold

Ash

Vanhoose

Conner

Lambert

Shotwell

Bagby

Mr. Speaker

Coopwood

Lewis

Sims

Brown

Armbrister

Creagh

Lyon

Tate

Casey

Bailey of Mt.

Crenshaw

Mardis

Thornton

Crabb

Barton of Mo.

Davis

Martin of Fr.

Tindall

Crawford

Barton of Mo. Davis

Martin of La.

Vaughan

Gaines

Baylor

Dupuy

Martin of Li.

Vining

Irwin

Baxter

Edmondson

Mead

Walthall

Jackson of A.

Benson

Fitzpatrick

McLemore

Warren

Jackson of L.

Brandon

Fluker

McNeill

Watson

Jones

Bridges

greening

Moore

Weissinger

McCamy

Broadnax

Hallett

Morton

White

Merriwether

Brown

Heard

Neill

Williams

Miller

Coalter

Hickman

Oliver

Powell

Coe

Inge

Peyton

Isaac Ledbetter having received all the votes, present, was declared by Mr. Speaker, duly elected judge of the county court of Dale county.

The two Houses then proceeded to elect a judge of the county court of Fayette county; John Shipp alone being nomination; for Mr. Shipp 77 votes.

Those who voted for Mr. Shipp are the same as those who voted in the election for the judge of the county court of Dale county, except Messrs. Bagby, Casey, and Clay, of the Senate, and Messrs. Barton of T. Coe, Mead and Morton of the House of Representatives.   John Ship have received a majority of the whole number of votes, was declared, by Mr. Speaker, to be duly elected judge of the county court of Fayette county.

The two Houses then proceeded to the election of judge of the county court of Marion county, De La P. Roydon alone being in nomination - for Mr. Roydon 77 votes.  Those who voted for Mr. Roydon are the same as those who voted in the election for judge of the county court of Fayette county.  De La P. Roydon having received a majority of the whole number of votes, was declared, by Mr. Speaker, to be duly elected judge of the county court of Marion county.

The election having been completed, the Senate withdrew and retired to their own chamber, and Mr. President resumed the chair.  On motion, the Senate adjourned till tomorrow morning 10 o'clock.