Wednesday, Nov. 30, 1825.- The Senate met pursuant to adjournment.
Mr. Powell presented the petition of sundry inhabitants of Alabama in behalf of Hiram Shortride, praying that the may be relieved from the operation of the law to suppress duelling, which was read the referred to the committee on propositions and grievances.
Mr. Clay presented the petition of sundry citizens of Lawrence count, praying the removal of two groceries from the 16th section in said county; which was read the referred to the committee on schools and colleges and school and college lands.
Mr. Brown, from the special committee to which was referred the petition of Joseph Price, reported a bill to be entitled an act, to authorize Joseph Price to erect a mill dam across the Mulberry fork of Tuscaloosa river; which was read the first time and ordered to be read the second time to-morrow.
Mr. Skinner, from the committee to which was referred the petition of Sarah Malone, reported a bill to be entitled an act, to emancipate
negro man, Peter; which was read the first time and ordered to be read the second time on to-morrow.
Mr. Jackson, of Aut. called up the report of the committee on privileges and elections, to whom was referred the memorial of John Wood, contesting the right to a seat in the Senate of John Brown; which report is as follows: to wit-
The committee of privileges and elections to whom was referred the memorial of John Wood, have had the same under consideration, and respectfully report, That the said wood and John Brown (red) have appeared before said committee, and submitted the following documents: that is to say, the said John Brown submitted the certificate of the returning officer of Jefferson county, clearly showing that the said Brown is legally elected until the contrary is indubitably proved; that the said Wood alleged fraud and illegality in said election; and that many illegal votes were given. The testimony to prove which facts, submitted by said Wood, was the affidavits of persons taken before magistrates in Jefferson county. The purport of said affidavits is, that several persons, non-residents of Jefferson county, voted at the general election; and also, that one was a minor; and some persons took ballots at the election for said Wood, but changed said ballots before they approached the ballot-box, and took tickets for Brown. All of which said affidavits, as appears to this committee, were taken ex-parte, and not proving any thing in the opinion of this committee, was rejected by your committee. Our committee are further of opinion, that as no evidence is adduced to prove fraud or illegal votes at said election, they thought it unnecessary to examine the ballots. Your committee recommend the adoption of the following resolution:
Resolved, That John Brown (red) is the legal Senator, to represent Jefferson county in the Senate of the General Assembly of this State.
On motion of Mr. Sullivan, Ordered, That Mr. Wood be heard by the Senate, in support of his claim to a seat in the place of Mr. Brown.
Mr. Crawford moved to exclude from the consideration of the Senate, the written testimony taken in this case because not notice was given to the sitting member of the time and place of taking the same; which was carried- Yeas 14, nays 6.
The yeas and nays being desired, those who voted in the affirmative are-
Mr. President, Abercrombie, Ash, Bagby, Casey, Clay, Crawford, Irwin, Gaines, Jackson of Aut. Jackson of Laud, Jones, Skinner, and Vanhoose- 14.
Those who voted in the negative, are- Messrs. Crabb, McCamy, Merriwether, Miller, Powell, and Sullivan- 6.
So the motion was carried.
Mr. Jackson, of Aut. moved that the Senate concur in the report of the committee; which was determined in the affirmative.
Engrossed bills to be entitled, An act to repeal in part an act approved December 15, 1824, declaring Flint river, in Morgan county, a public highway; and, an act to repeal in part an act entitled, an act to establish certain counties therein named, and for other purposes, passed December 17, 1821, and for other purposes;-- were severally read the third time, and passed.
Ordered, That the titles be changed from bills to that of acts, &c., and that the same be sent to the House of representatives for concurrence.
Bills of the following titles: to wit- An act to require security upon granting a supersedeas; an act to authorize sheriffs to serve notices; and, an act to amend the act entitled, an act for the limitation of
actions; -- were severally read the second time, and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled, an act establishing and permanently locating the seat of government of the State of Alabama, was read the second time.
Ordered, That the bill lie on the table.
A bill to be entitled, an act to repeal in part and amend in part an act entitled, an act restricting officers from taking commissioners on costs collected by them on executions passed December 31, 1823; was read a second time, and ordered to be engrossed for a third reading to-morrow.
A bill from the House of Representatives entitled an act to authorize Jacob Johnson to emancipate a certain slave therein named, was read the 2d time, and ordered to be read the 3d time on tomorrow.
A message from the House of Representatives by Mr. Tunstall the clerk: Mr. President, the House of Representatives have read three times and passed, bills which originated in their House of the following titles, to wit: An act for the relief of the principal Pilots of Mobile bay; and, an act to emancipate John Robinson a slave, in which they desire the concurrence of the Senate. The two last mentioned bills were read the first time, and ordered to be read the 2d time tomorrow.
Mr. Abercrombie obtained leave to introduce a bill to be entitled an act to authorize the administrators of George Dabney to sell certain property therein named, which was read the firs time and ordered to be read the second time on tomorrow.
Mr. Brown called up the resolution from the House of Representatives proposing to go into the election of a state printer, and judges of the county courts of Jefferson and Shelby counties.
Mr. Jackson of L. moved to amend the resolution by striking out the words this day at the hour of 3 o'clock p.m. and inserting in lieu thereof the words, on Monday next at the hour of 3 o'clock p.m. which was carried. The Senate then concurred in the resolution as amended.
Ordered, That the House of Representatives be informed thereof.
And then the Senate adjourned till tomorrow morning at 10 o'clock.