Saturday, December 1, 1812.

The Senate met pursuant to adjournment.

A message from the House of Representatives, by Mr. Hardwick:

Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that they have read the third time and passed, an act declaring the Mulberry fork of Tuskaloosa river, navigable, from its junction with the Sipsie fork to Baltimore; which originated in your honorable body; also, an act to establish a public road therein named; and, an act to establish certain counties therein named, and for other purposes, which originated in this House, and in which they desire your concurrence.

On motion of Mr. May, the rule which requires one days notice before the introduction of a bill, was dispensed with, and leave was granted him, to introduce a bill to be entitled an act, to authorize a lottery for the purpose of building a bridge across Prairie creek, in the county of Greene which was read the first time.


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On motion, the rule which requires all bills to be read on three several days, was dispensed with, and said bill was read the second time. Ordered, that the same be engrossed, and made the order of the day, for a third reading on Monday next.

Mr. May, also obtained leave to introduce a bill to be entitled an act to establish additional election precincts therein named; which was read the first time. On motion, the rule which requires all bills to be read on three several days, was dispensed with, and said bill was read the second time. Mr. Casey proposed the following additional section by way of amendment to said bill.

"Be it further enacted, That the election precincts heretofore established at the house of Joseph Brittain and __________ Woodley's for Perry county, be and the same are hereby discontinued; and an election precinct be and is hereby established at the house of john Martin, in said county," which was adopted. Ordered, that said bill be engrossed and made the order of the day, for a third reading on Monday next.

Mr. Davis, from the committee on claims, reported a bill to be entitled an act providing for certain officers, which was read the first time. Ordered, that said bill be made the order of the day, for a second reading on Monday next.

Samuel Haines, Esq. a Senator from the county of Baldwin, appeared and produced his credentials--- which were read, and on motion referred to the committee on privileges and election.

Mr. Elliott offered the following resolution: Resolved by the Senate, that the presence of Messrs. Armstrong of Mobile, and Montgomery of Baldwin, be requested before the committee on privileges and elections of this House forthwith about to sit in relation to the election of Samuel Haines, Esq. as Senator from Baldwin county, which was adopted. Ordered, That the same be sent to the House of Representatives for their concurrence.

On motion of Mr. Elliott, the following resolution was adopted: Resolved by the Senate, that the committee of privileges and elections, be instructed to examine the returns of the election in the Executive Office of this state, in relation to the election of Samuel Haines, Esq. as a Senator from Baldwin county.

Mr. Elliott gave notice that on Monday next, he should ask for leave to introduce a bill, to be entitled an act, to authorize the issuing of Treasury notes, and to vest authority in the Executive of this state, to apply a certain sum of money therein mentioned, for the purpose of making such arrangements with the specie paying banks in this state, as may aid the credit and currency of the Treasury notes.

Mr. Hogg obtained leave to introduce a bill, to be entitled an act to give fees to physicians, in certain cases therein mentioned, and to point out the mode of recovering their debts for services rendered; which was read the first time. Ordered, that said bill be made the order of the day for a second reading on Monday next.

Mr. Lucas, agreeably to notice, asked for, and obtained leave, to introduce a bill to be entitled an act, to restrain the emancipation of

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slaves, and to prevent free persons of colour from coming into the state; which was read the first time. Ordered, that said bill be made the order of the day, for a second reading on Monday next.

Mr. Garth, from the committee on privileges and elections, to whom was referred the certificate, and other evidence of election of Samuel Haines, Esquire, made the following report:

The committee of privileges and elections, to whom was referred the credentials of Samuel Haines, Esq. from the county of Baldwin, respectfully report to the Senate, that the sheriff of Baldwin county, has regularly certified the election of Samuel Haines, Esq. of Baldwin county, on the sixth of August past. But your committee report, that Robert R. Harwell did not resign his seat as Senator From Baldwin, until the 10th day of September last; and agreeably to the construction given the constitution by the Senate, Robert R. Harwell was Senator from Baldwin, at the time Samuel Haines was elected.

And be it resolved, that Samuel Haines is not entitled to a seat in the Senate: which was concurred in.

An engrossed bill to entitled an act in relation to the Spanish records in Mobile county, was read the third time and passed. Ordered, that the title of said bill, be altered from a bill to an act, in relation to the Spanish records in Mobile county. Ordered, that said bill be sent to the House of Representatives, for their concurrence.

A message from the House of Representatives, by Mr. Morton:

Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that they have read a third time and passed, an act respecting rents; in which they desire your concurrence.

An engrossed bill to be entitled, an act to incorporate the town of Demopolis, was read the third time.

Mr. May proposed the following additional section as and amendment to said bill, by way of rider:

"Sec. 11. And be it further enacted, that the election for the said councillors of the town of Demopolis, shall commence at the hour of 12 o'clock and be kept open until the hour of four in the afternoon; and that freeholders and householders, twenty one years of age, residing within the limits of said corporation, shall be competent to vote for said councillors." On motion, the rule which requires all amendments, by way of river to be read on three several days was dispensed with and said amendment was read the second and third time and adopted.

The question was then put, "shall this bill pass?" and decided in the affirmative. Ordered, that the words, "a bill to be entitled," be stricken out. Ordered, that the same be sent to the House of Representatives for the concurrence.

An engrossed memorial to the Congress of the United States, praying the restriction imposed by the act of Congress for our admission, exempting lands of the United States from taxation, for five years, sold after the passage of said act, should be removed, was read the third time and passed. Ordered, that the same be sent to the House of Representatives for their concurrence.

An engrossed resolution making it the duty of Harry Toulmin, and


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the judges of the supreme and circuit courts of this state, to report to the general assembly any defects of imperfections which may exist in the statutes of this state, was read the third time and passed. Ordered that the same be sent to the House of Representatives for their concurrence.

A bill from the House of Representatives to be entitled, and act to incorporate, the Murder creek navigation company, was read the third time. Mr. Deveraux moved, to fill the blank in the last section of said bill, with the word "five;" and on the question being put, it was decided in the affirmative. Ordered, that the secretary inform the House of Representatives thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled, an act supplementary to the act entitled, an act for the collection of moneys due the state, and for other purposes, passed December 16, 1820, was read the third time and passed. Ordered, that the secretary acquaint the House of Representatives thereof.

A bill from the House of Representatives, to be entitled, an act allowing compensation to William Dunn for examining the Tuskaloosa river, above the town of Tuskaloosa, was read the third time and passed. Ordered, that the secretary inform the House of Representatives thereof.

A bill from the House of Representatives, to be entitled, an act to appoint commissioners to lay out a certain road therein designated, was read the third time, as amended, and passed. Ordered, that the secretary notify the House of Representatives thereof and requires their concurrence.

A bill from the House of Representatives, to be entitled, an act for the relief of Eugenio Campbell, tax collector of Laurence county for the year 1820, was read the second time. Ordered, that said bill be made the order of the day for a third reading on Monday next.

A bill from the House of Representatives to be entitled, an act to authorize the Executor of Joseph Phillips, deceased, to sell and transfer certain certificates of land therein named, was read the second time. Ordered, that said bill be made the order of the day for a third reading on Monday next.

A bill from the House of Representatives to be entitled, an act to authorize the sale of the public lands, adjoining the town of Cahawba, was read the second time. Mr. Elliott moved, that the further consideration of said bill be indefinitely postponed; and on the question being put it was decided in the affirmative--- yeas 13, nays 8.

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

Messrs. Casey, Conner, Chambers, Dennis, Elliott, Gause, Gaines, Lucas, Lawler, May, Trotter, Ware, Wingate.

Those who voted in the negative, are

Mr. President, Davis, Deveraux, Garth, Hanby, Hogg, McVay, Rose.

A message from the House of Representatives, by Mr. Philpott:

Mr. President; I am instructed to inform your honorable body, that the House of Representatives have concurred in the several amendments made by your honorable body to the act to appoint commissioners


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to lay out a certain road therein named; and also, to the act to incorporate the Murder creek navigation company.

On motion, Ordered, that the bill to be entitled, an act to authorize the administrators of John Lucas, deceased, to sell certain real estate, lie on the table.

On motion, Ordered, that the bill to be entitled, an act to amend the militia laws of this state, lie on the table.

On motion, the Senate adjourned till 3 o'clock.

Three o'clock, P.M.

The Senate met pursuant to adjournment.

A bill to be entitled, an act supplementary to the several acts in relation to will, intestates and guardians, was read the second time. 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 to amend the act to incorporate the city of Mobile, was read the second time. Ordered, that said bill be made the order of the day for a third reading on Monday next.

The Senate, according to the order of the day, resolved itself into a committee of the whole on the bill to be entitled, an act to amend the several acts regulating the proceedings in the courts of law and equity in this state. Mr. chambers in the chair; and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Chambers reported, that the committee of the whole had, according to order, had said bill under consideration, and had directed him to report the same with and amendment; which was concurred in. Ordered, that said bill be engrossed and made the order of the day for a third reading on Monday next.

Message from the House of Representatives, by Messrs. Bagby and Moore:

Mr. President; We are instructed by the House of Representatives, to inform your honorable body, that they have adopted the following resolution, in which they desire your concurrence:

"Whereas doubts exist on the minds of the members of this house, touching the constitutionality of the election of William Dunn, Esq. to the office of judge of the county court of Blount county, inasmuch as Marston Mead, Esq. was first declared by the Speaker of the House of Representatives to be duly elected to fill that office:

Be it therefore, Resolved, that a message be sent to the Senate informing them of said doubts, and requesting them to convene in the Representative chamber this day at four o'clock for the purpose of holding said election. The question was put, "will the Senate concur in said resolution?" and decided in the negative--- yeas 6, nays 12.

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

Messrs. Davis, Deveraux, Garth, Lucas, Lanier, May, Ware, Wingate.

Those who voted in the negative are,

Mr. President, Casey, Chambers, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, McVay, Rose, Trotter.

Message from the House of Representatives, by Mr. Philpott.

Mr. President, I am instructed by the House of Representatives to in-


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form your honorable body, that they have read a third time and passed, an act to amend an act entitled an act to incorporate the Indian creek, navigation company, in which they desire your concurrence.

Mr. Elliott gave notice, that on Monday next, he should ask for leave to introduce a bill, to be entitled an act more effectually to enforce the several acts in relation to roads within this state.

A bill from the House of Representatives, to be entitled an act to establish certain counties therein named, and for other purposes, was read the first time.

On motion, the rule which requires all bills to be read on three several days, was dispensed with, and said bill was read the second time. Ordered, that said bill be committed to a committee of the whole House, and made the order of the day for Monday next.

A bill from the House of Representatives, to be entitled an act respecting rents, was read the first time.

On motion, the rule which requires all bills to be read on three several days, was dispensed with, and said bill was read the second time. Ordered, that the same be committed to a committee of the whole House, and made the order of the day for Monday next.

A bill from the House of Representatives, to be entitled an act to amend an act, entitled an act to incorporate the Indian creek Navigation Company, was read the first time. Ordered, that said bill be made the order of the day, for a second reading on Monday next.

A bill from the House of Representatives, to be entitled an act, supplementary to the act entitled an act to suppress duelling, passed 17th December, 1813, was on motion, ordered to lie on the table.

The Senate according to the order of the day, resolved itself into a committee of the whole, on the bill to be entitled an act to establish a board of Internal Improvement, Mr. Davis in the chair, & after some time spent therein, the committee rose--- Mr. President resumed the chair, and Mr. Davis reported, that the committee of the whole had, according to order, had said bill under consideration, and had directed him to report the same without amendment; which was concurred in. Ordered, that said bill be engrossed and made the order of the day, for a third reading on Monday next.

Mr. Lucas offered the following resolution: Resolved, by the Senate and House of Representatives of the State of Alabama in general Assembly convened, that the Senate, with the concurrence of the House of Representatives, will adjourn sine die on the eight of this month; and the question being put on the adoption of said resolution, it was decided in the affirmative. Yeas 12, nays 7. The yeas and nays being called for.

Those who voted in the affirmative, are

Mr. President, Conner, Chambers, Davis, Deveraux, Dennis, Garth, Lucas, McVay, Rose, Trotter, and Wingate-- 12.

Those who voted in the negative, are

Messrs. Elliott, Gause, Gaines, Hogg, Lanier, May, and Ware-- 7.

Mr. Elliott proposed the following amendment to said resolution "Provided they shall have completed their business and on the question being put on the adoption of said amendment, the yeas and nays


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being desired, it was determined in the affirmative. Yeas 12, nays 9.

Those who voted in the affirmative are,

Mr. President, Conner, Deveraux, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, Lanier, May and Ware-- 12.

Those who voted in the negative, are,

Messrs. Chambers, Davis, Garth, Lucas, Rose, Trotter, and Wingate-- 9.

Ordered, that the said resolution be sent to the House of Representatives for their concurrence.

On motion, the Senate adjourned till Monday morning at 9 o'clock.