Friday, Dec. 23, 1825.- 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 resolutions, in which they ask the concurrence of the Senate:

Resolved, that the General Assembly have the right to inspect, by joint committee, all the books of the bank, & all the evidences of debt due to that institution.

Resolved, That the joint committee of the two Houses had no authority to inspect the individual ledger, the disco book, the offering book and note-book of the bank of the state of Alabama.

Resolved, The Senate concurring, that a select committee of three members, be elected by a vote of this House, to unite with such committee as may be appointed in like manner on the part of the Senate, who shall and are hereby empowered, under the injunction of secrecy, to inspect all the books, accounts, evidences of debt, specie and bank notes on hand, &c. of the bank of the state of Alabama, and to send for the persons and papers, examine then umber a like injunction of secrecy, so far at the same may be necessary to a full development of its condition without being prejudicial to the public interest.

And be it further resolved, That the said committee shall, and they are hereby required to report to the General Assembly the amount of specie and bank notes on hand, distinguishing the amount of each; and any case or cases, if such there be, of imposition on the directors, or of mismanagement in the concerns of the bank; whether such mismanagement has arisen from a departure from the spirit or letter of the charter, or otherwise; provided nevertheless, that nothing herein contained, shall imply the right to said committee to report to the general Assembly, the situation of any private debtor or creditor of the bank, or the names of such private debtors or creditors, unless their situation or names are palpably connected with some fraud or imposition on the part of the borrowers, or some impured mismanagement, or violation of the charter on the part of the directors or officers of the institution.

And be it further resolved, that in case the said committee shall be of opinion that there has been any mismanagement of the concerns of the said bank, or a


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violation of its charter, or impositions practiced upon the directory, that it shall be their duty, or of some one of them, previous to making their report, if the instance or instances in which such imputed mismanagement or violation has occurred, to give notice to the two Houses of the General Assembly respectively, that it is the intention of the committee to make a report, implicating the directory, or officers of the institution, or both, or of developing an imposition practiced on the directory; whereupon said report shall be received with closed doors. Nor shall there be a public or private disclosure of the same unless both Houses of the General Assembly shall concur in the reports of their respective committees-or the disclosure shall only extend to such part of such report as to which both Houses may have concurred with their respective committees.

And be it further resolved, that the injunction of secrecy imposed on the committee as aforesaid, shall not be removed except by a joint resolution of both Houses of the General Assembly.

And be it further resolved, that the committee on the part of this House shall, previous to entering upon the duties assigned them, take the following oath, to be administered by the Speaker of the House of Representatives, and a like oath to be administered by the President to the committee on the part of the Senate; We, A. B., C. D. and E. F. in the presence of Almighty God, do solemnly swear that we will fairly, carefully and faithfully inspect the books, accounts, evidences of debt, &c. of the Bank of the state of Alabama; that we will freely communicate with, and received from the directors, or any one of them, or the officers of the Bank, or any one of the, such explanations as he or they may offer to make, as to any imputed misconduct or violation of the charter, in the management of the concerns of said Bank; that in the discharge of said duty, and in such report as we may make, or recommend to be made, we will neither be governed nor influenced by favor or partiality, hostility or prejudice, but with a single regard to the public interest; and that we will not, nor will either of use, disclose in any way to any person or persons whomsoever (except in be to the General Assembly or this House, and in such manner and form, time and place, as it may prescribe) any information of the condition of said bank, or of its private debtors or creditors, which may be imparted to us in consequence of your peculiar authority, and inspection, as members of this committee.  They have elected as a committee on their part, Messrs. Creagh, Dellett and Hallett.  They have also adopted the following resolutions, in which they desire your concurrence:

Resolved, That this House, with the concurrence of the Senate will, on Tuesday the 27th inst. at the hour of 2 o'clock P.M. proceed to elect circuit Judges for the several circuits in this state, and a comptroller and Treasurer, at which time the Senate is requested to attend in the Representative Hall.

Resolved, That this House, with the concurrence of the Senate, will, on Friday the 23d inst.  at the hour of 2 o'clock P.M. proceed to elect an Attorney General, and a Solicitor for the 2d Judicial Circuit, at which time the Senate is invited to assembly in the Representative Hall.

Mr. Abercrombie, from the committee on county boundaries, to whom was referred the petition of sundry inhabitants of Bill county, praying an extension the boundaries of said county, reported that it is inexpedient to make any alteration in the boundaries of that county; and asked leave to be discharged from the further consideration of the subject; which was agreed to.

Mr. Casey, from the special committee, to whom was referred a bill to be entitled, an act to change the name of, and legitimate, certain persons therein named, reported the same with sundry amendments; which was concurred in. Ordered, That the bill be made the order of the day for a 3d reading to-morrow.

Mr. Casey, from the same committee to whom was referred bills to be entitled, an act to change the name of, and legitimate James Bum; and an act to change the name of David Tuppence, reported the same without amendment. Ordered, That the bill lie on the table.


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Mr. Miller presented the petition of Littleberry Le Leure, and others in his behalf praying that he may be indulged in the payment of a debt due by him to the Bank of the State of Alabama; which was read, and referred to the committee on the Bank of the State of Alabama.

Mr. Powell presented the petition of Wm. M. Marr, asking to be refunded money paid by him for the rent of university lands, before the state acquired a title to the land; and praying that his claim may be referred to the decision of the supreme court; which was read, and referred to the com. on the judiciary to consider and report thereon.

Mr. Crawford from the judiciary committee to which was referred the petition of Wm. Kogle and Joseph D. Graves, praying to be relieved from the penalties incurred by a violation of the laws to prevent gambling, asked to be discharged from the further consideration of the subject, which was agreed to.  Ordered that the petitioners have leave to withdraw their papers.

The Senate took into consideration the resolutions from the House of Representatives in relation to the examination of the affairs of the Bank of the state of Alabama.  Mr. Clay moved that the resolutions be referred to the committee on the Bank of the state, and that 100 copies thereof be printed for the use of the Senate.  Mr. Jackson of Au. moved that the resolutions lie on the table, which was lost.  The question was the put on Mr. Clay's motion to commit and print the resolutions and determined in the negative-yeas 7-nays 14.

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

Mr. President, Abercrombie, Ash, Clay, Crawford, Jackson of L. and Powell, 7.

Those who voted in the negative, are

Messrs, Bagby, Brown, Casey, Crabb, Gaines, Irwin, Jackson of A. Jones, McCamy, Merriwether, Miller, Skinner, Sullivan, and Vanhoose, 14.

So the motion was lost.  Mr. Crabb moved to amend the resolution, by striking out all that part or requiring the committee to take the oath prescribed in said resolution; which was carried.

Mr. Abercrombie moved that the further consideration of the bill be indefinitely postponed; which was determined in the affirmative.  Yeas 13, nays 8.

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

Mr. President

Bagby

Crawford

Jackson of A.

Powell

Abercrombie

Brown

Gaines

Jones

Ash

Clay

Jackson of L.

Merriwether

Those who voted in the negative, are

Mr. Casey

Irwin

Miller

Sullivan

Crabb

McCamy

Skinner

Vanhoose-8.

So the further consideration of the resolution indefinitely postponed.

Mr. Jackson of L. moved that the resolution from the House of Representatives, proposing to go into the election of circuit judges of Tuesday next, at the hour of 2 o'clock, P.M. lie on the table till the last day of this month which was lost.  Yeas 6, nays 15.

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

Mr. President

Abercrombie

Ash

Bagby

Brown,

Jackson of L.- 6.

Those who voted in the negative, are

Mr. Casey

Crawford

Jackson of A.

Merriwether

Skinner

       Clay

Gaines

Jones

Miller

Sullivan

       Crabb

Irwin

McCamy

Powell

Vanhoose- 14.

Mr. Jackson of A. moved that the resolution lie on the table till Monday next, which was also lost.  Ordered, That the Senate concur in the resolution propo-


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posing to elect circuit judges, and a comptroller and treasurer, on Tuesday next, at the hour of 2 P.M. and also the resolution proposing to go into the election of an attorney general, and a solicitor for the 2nd judicial circuit, this evening at the hour of 7 o'clock.  Ordered, that the secretary inform the House of Representatives thereof.

A message from the House of Representatives, by Mr. McClellan: Mr. President, the House of representatives have read three times and passed a bill which originated in their House, entitled an act granting relief to parties in the supreme court in certain cases; in which they desire your concurrence.  The bill was read the first time in the Senate, and ordered to be read the second time tomorrow.

Mr. Gaines, from the committee on propositions and grievances, to whom was referred the bill to be entitled an act for the relief of the tax collector of Mobile county, reported the same without amendment. Ordered, that the bill be engrossed for a third reading tomorrow.

A bill to be entitled an act to repeal an act, entitled an act to amend, an act, to establish a Turnpike road leading from Lawrence county, to intersect the military road at Pikesville, in Marion county, passed Dec. 24, 1823, and to revise so much of the act as the above recited act repealed, and for other purposes; was read the second time, and ordered to be engrossed for a third reading to-morrow.

Mr. Crabb introduced a bill, to be entitled an act to amend the charter of the bank of the state of Alabama; which was read, and ordered to be read the second time tomorrow.

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

Evening Session.- Mr. Jackson of A. presented the account of the jailer of Autauga county, which was referred to the committee on accounts and claims.

Mr. Jackson also presented the petition of Wm. Holbrook, the jailor of Autauga county, praying to be paid for victualling certain prisoners confined in the jail of said county; which together with the accompanying documents were referred to the same committee.

A message was received from the governor, by Mr. Thornton, secretary of state, communication the resignation of Constantine Perkins, esq. solicitor of the of the 3d judiciary circuit, which was ordered to lie on the table.

A bill to be entitled an act, to establish the permanent seat of justice in the county of Walker, and for other purposes, was read the third time as amended and passed.  Ordered, that the title of the bill be amended by striking out the word “permanent” and inserting “temporary,” and by striking out the words “and for other purposes” and that the secretary inform the House of Representatives thereof.

An engrossed bill, to be entitled an act for the relief of Lewis Houser, was read the third time and passed.  Ordered, that the title of the bill be as aforesaid and that the same be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled an act for the establishment of an additional election precinct, and for other purposes, was read the third time amended by way of rider and passed.  Ordered, that the title of the bill be "an act for the establishment of certain election precincts, and for other purposes," and that it be sent to the House of Representatives for concurrence.

And the senate adjourned till 7 o'clock this evening.

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

A message was received from the house of Representatives, by Mr. Tunstall their clerk, in inviting the Senate to assembly in the Representatives Hall, for the purpose of electing an attorney general and a solicitor of the 2nd judicial circuit. Whereupon the members of the Senate repair to the Representative hall, and having taken the seats assigned the, Mr. President rose and announced the object of the meeting.  When the two Houses proceeded to the election of the attorney general, Constantine Perkins alone being in nomination.  For Mr. Perkins 82 votes.  Those who voted for Mr. Perkins, are

Mr. President

Powell

Coalter

Hickman

Peyton

Pickens

Abercrombie

Skinner,

Coe

Cook

Inge

Jones

Ash,

Sullivan

Coleman

King

Lewis

Saffold

Bagby,

Vanhoose

Conner

Lambert

Shotwell

Casey,

Mr. Speaker

Coopwood

Lyon

Sims

Clay,

Armbrister

Creagh

Mardis

Tate

Crabb

Bailey of La.

Crenshaw

Martin of Fr.

Tindall

Crawford

Bailey of Mt.

Davis

Martin of La.

Vaughan

Gaines

Barton

of Mo.

Dellett

Martin of Li.

Vining

Irwin

Baylor

Dupuy

Mead

Walthall

Jackson

Baxter

Edmondson

McLemore

Warren

Jackson

Benson

Fitzpatrick

McNeill

Watson

Jones

Brandon

Fluker

Moore

Weissinger

McCamy

Bridges

Greening

Morton

White

Merriwether

Broadnax

Hallett

Neill

Williams- 82.

Miller

Brown

Heard

Oliver

Constantine Perkins, Esq. having received all the votes present, was declared by Mr. Speaker to be duly elected attorney general for the state of Alabama, and ex-officio solicitor of the 3d judicial circuit.  The two Houses then proceeded to the election of a solicitor, for the second judicial circuit.  Henry Goldthwaite, John H. Thorington, and Ezekiel Pickens, being in nomination.  For Mr. Goldthwaite, 32; Mr. Thorington, 28; Mr. Pickens, 22 votes.

Those who voted for Mr. Goldthwaite, are

Mr. Abercrombie

Bailey of Mt.

Cook

Hickman

McNeill

Ash

Bagby

Barton of M.

Creagh

Lyon

Morton

Clay, Crabb

Baylor

Davis

Martin of F.

Oliver

Irwin,

Benson

Dellett

Martin of L.

Vaughan

Jackson of L.

Brandon

Fitzpatrick

Martin of Li.

Watson

Miller

Broadnax

Greening

McLemore

White- 32.

Those who voted for Mr. Thorington, are

Mr. President,

Bailey of La.

Conner

Inge

Jones

Tindall

Crawford,

Baxter

Crenshaw

Lamber

Walthall

Jackson of A.

Bridges

Dupuy

Lewis

Williams

Jones

Coalter

Edmondson

Mead

McCamey

Coe

Hallett

Peyton

Powell

Coleman

Heard

Tate

Those who voted for Mr. Pickens, are

Mr. Casey

Sullivan

Brown

Moore

Neill

Sims

Gaines

Vanhoose

Coopwood

Pickens

Vining

Merriwether

Mr. Speaker

Fluker

Saffold

Warren

Skinner

Armbrister

King Mardis

Shotwell

Weissinger- 22.

Neither of the candidates having received a majority of the whole number of votes, the two Houses proceeded to vote a second time for solicitor of the second judicial circuit; the same persons in nomination- for Goldthwaite 32, Thorington 29, Pickens 23.  Those who voted for Mr. Goldthwaite, are the same as those who voted for him on the first time.  Those who voted for Mr. Thorington, are the same as those who voted for him the first time, with the addition of Mr. Thornton.  Those who voted for Mr. Pickens, are the same as those who voted for him the firs time, and Mr. Barton of Tus, in addition.

Neither having received a majority of the whole number on the second vote,


83

the two Houses proceeded to voted a third time for solicitor; the same in nomination- for Mr. Goldthwaite 34, Mr. Thorington 31, Mr. Pickens 19.

Those who voted for Mr. Goldthwaite, are

Messrs. Ash

Miller

Cook

King

McNeill

Abercrombie

Bailey of Mt.

Creagh

Lyon

Morton

Bagby

Barton of Mo

Davis

Mardis

Oliver

Clay

Baylor

Dellett

Martin of Fr.

Vaughan

Crabb

Benson

Fitzpatrick

Martin of La.

Watson

Irwin

Brandon

Greening

Martin of Li.

White- 34

Jackson of L.

Broadnax

Hickman

McLemore

Those who voted for Mr. Thorington, are

Mr. President

Mr. Armbrister

Coe

Hallett

Mead

Crawford

Bailey of L.

Coleman

Heard

Peyton

Tate

Jackson of a.

Baxter

Conner

Inge

Thornton

Jones

Bridges

Crenshaw

Jones

Tindall

McCamy

Brown

Dupuy

Lambert

Walthall

Powell

Coalter

Edmondson

Lewis

Williams- 31.

Those who voted for Mr. Pickens, are

Mr. Casey

Sullivan

Coopwood

Pickens

Vining

Gaines

Vanhoose

Fluker

Saffold

Warren

Merriwether

Mr. Speaker

Moore

Shotwell

Weissinger-19.

Skinner

Barton of Tus

Neill

Sims

Neither having received a majority of the whole number, the two Houses proceeded to vote a fourth time for solicitor; the same persons in nomination – for Mr. Goldthwaite 36, Mr. Thorington 35, Mr. Pickens 14.

Those who voted for Mr. Goldthwaite, are

Messrs. Ash

Mr. Bailey of Mo.

Creagh

King

McNeill

Abercrombie

Barton of Mo

Davis

Lyon

Morton

Bagby

Baylor

Dellett

Martin

Oliver

Clay

Benson

Fitzpatrick

Martin of Fr.

Vaughan

Crabb

Brandon

Fluker

Martin of La.

Vining

Irwin

Broadnax

Greening

Martin of Li.

Watson

Miller

Cook

Hickman

McLemore

White- 35.

Those who voted for Mr. Thorington, are

Mr. President

Mr. Armbrister

Coleman

Heard

Peyton

Crawford

Bailey of La.

Conner

Inge

Shotwell

Jackson of A.

Baxter

Coopwood

Jones

Tate

Jackson of L.

Bridges

Crenshaw

Lambert

Thornton

Jones

Brown

Dupuy

Lewis

Tindall

McCamy

Coalter

Edmondson

Mead

Walthall

Powell

Coe

Hallett

Neill

Williams- 35.

Those who voted for Mr. Pickens, are

Mr. Casey

Skinner

Mr. Speaker

Pickens

Warren

Gaines

Sullivan

Barton of Tus

Saffold

Weissinger 14

Merriwether

Vanhoose

Moore

Sims

Neither having been elected, to two Houses proceeded to vote a fifth time for solicitor of the second judicial circuit; Henry Goldthwaite and John H. Thorington being in nomination- for Mr. Goldthwaite, 43, for Mr. Thornington 41.

Those who voted for Mr. Goldthwaite, are

Messrs. Ash

Skinner

Broadnax

Hickman

Moore

Abercrombie

Vanhoose

Cook

King

Lyon

Morton

Bagby

Mr. Speaker

Creagh

Mardis

Oliver

Casey

Bailey of Mt.

Davis

Martin of Fr.

Saffold

Clay, Crabb

Barton of Mo.

Dellett

Martin of La.

Vaughan

Gaines Irwin

Baylor

Fitzpatrick

Martin of Li.

Vining

Jackson of L.

Benson

Fluker

McLemore

Watson

Miller

Brandon

Greening

McNeill

White- 43


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Those who voted for Mr. Thorington, are

Mr. President

Mr. Armbrister

Coleman

Inge

Jones

Sims

Crawford

Bailey of La.

Conner

Lamber

Tate

Jackson of A.

Barton of T.

Coopwood

Lewis

Thornton

Jones

Baxter

Crenshaw

Mead

Tindall

McCamy

Bridges

Dupuy

Neill

Walthall

Merriwether

Brown

Edmondson

Peyton

Warren

Powell

Coalter

Hallett

Pickens

Weissinger

Sullivan

Coe

Heard

Shotwell

Williams- 41.

Henry Goldthwaite having received a majority of the whole number of votes, was declared, by Mr. Speaker, to be duly elected solicitor of the second judicial circuit.  The elections having been completed, the Senate withdrew and retired to their own chamber and Mr. President resumed the chair; when, on motion, the Senate adjourned till to-morrow at 10 o'clock.