Tuesday, November 28th, 1826.

The House met pursuant to adjournment.

Mr. Sims presented the petition of Pleasant May, Jun. guardian of  Thaker Vivion, praying the passage of a law to authorize the said Pleasant May, Jun. to remove the property of his ward from the county of Washington to Greene county; which was read and referred to the committee on propositions and grievances.

Mr. Perkins presented the petition of sundry inhabitants of Tuscaloosa county, praying the passage of a law authorizing the county court of Tuscaloosa county to assume the jurisdiction over so much of Byler's road as runs through townships seventeen and eighteen,  ranges ten and eleven; which was read and referred to a select committee, consisting of Messrs. Perkins, Duke and Parham.

Mr. Broadnax presented the account of Eli Abbott, jailor of Autauga county, as also the account of William Halbrook, late jailor of said county; which were severally read and referred to the committee on accounts.

Mr. Acklen,  from the select committee to which was referred the petition of William Blake, reported a bill to be entitled an act to repeal in part an act entitled an act authorizing William Blake to emancipate a negro man slave named Jacob, passed Dec. 31st,  1823;  which was read a first time and ordered to be read a second time.

The House, pursuant to a resolution, proceeded to the election of a committee on the part of this House, to examine into the situation and condition of the Bank of the State of Alabama, in pursuance of the charter of said Bank.

Whereupon Messrs. Greening, Moore of Mad. and Weissinger were elected said committee.

Mr. Perkins presented the account of Hiram P. Cochran, sheriff of Tuscaloosa county; which was read, and referred to the committee on accounts.

A message from the Governor by James I. Thornton,  Secretary of State ---  And then he withdrew. Said message is as follows:

EXECUTIVE DEPARTMENT, Nov. 27, 1826.

The Hon. the Speaker and members of the House of Representatives:

Gentlemen- I now have the honor to transmit the Report of the Commissioners on the part of this State to run the dividing line between this State and Georgia, together with documents and correspondence relating to that operation.

I have also the honor to transmit a report from Major Charles Lewis, who was instructed to make an examination and survey of that section of the Chatahoochee river between the Flat Shoals and the Great Bend, together with this plat or map of the survey, connected with a general delineation of the dividing line.

I have the honor to be, most respectfully, your ob't serv't,

JOHN MURPHY

Ordered, that said message, with the accompanying documents, be laid on the table.


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Mr. McClung offered the following preamble and resolution:

Whereas it is essential to the business of legislation that the members of each House of the General Assembly should be left to the free and independent exercise of the duties incumbent on them, without being arraigned for the purity of their motives ---  And whereas Andrew Wills, editor of the Democrat newspaper, (who was by a resolution of this House admitted to a seat within its bar) has wantonly assailed the feelings of Mr. Moore of Mad.; and through him insulted the dignity of this House, by accusing him, in a personal communication on the subject of his vote in the Senatorial election of yesterday, of having been actuated by a spirit of faction; threatening to procure affidavits of the fact, for the purpose of publication, with other violent and insulting expressions in relation to said vote-

Be it therefore Resolved, That the privilege extended to the said Andrew Wills, of having a seat within the bard of this House, be hereafter denied him.

Mr. Benson moved that said preamble and resolution be referred to a select committee; which was lost.

Mr. Greening moved to lay the same on the table; which was lost.

Mr. Dale, who voted in the majority, moved a reconsideration of the vote taken on Mr. Benson's resolution; which was carried.

Whereupon Messrs. Benson, Lewis, McClung, Greening, Moore of Jackson and Crenshaw were appointed said committee, with instructions to report the facts.

Ordered, That Mr. Exum be added to the committee on roads, bridges and ferries.

On motion of Mr. Moore of Jack. Resolved That the Senate be informed that this House has elected Messrs. Moore of Mad. Weissinger and Greening a committee to act with such committee as may be appointed on the part of their honorable body, to examine the situation of the State Bank, according to an act of the last session of the General Assembly.

Mr. Perry obtained leave to introduce a bill to be entitled an act to change the name and render legitimate certain persons therein named; which was read a first time, and ordered to be read a second time.

Mr. Terry obtained leave to introduce a bill to be entitled an act, to provide for taking the census of this state; which was read a first time and ordered to be read a second time.

Mr. Speaker laid before the House the Report of the Comptroller of Public Accounts. Ordered, that three hundred copies thereof be printed for the use of this House.

Mr. Speaker laid before the House the Report of the Treasurer of this state.  Ordered, that three hundred copies thereof be printed for the use of this House.

A message from the Senate by Mr. Lyon their secretary:

Mr. Speaker- The Senate have adopted the following resolution:-- Resolved, that the House of Representatives be informed that the Senate have elected James Jackson, Thomas Casey and George S. Gaines a committee on their part, to act with such committee as they may elect, to examine the situation of the Bank of the State of Alabama, under the act amending the charter of said Bank. They have adopted the following resolution, in which they desire your concurrence:  Resolved, that


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the Senate will, with the consent of the House of Representatives, convene in the Representative Hall on tomorrow at 3 o'clock P. M. for the purpose of electing a Secretary of State.

Mr. Crenshaw moved to amend the same by adding the words "Comptroller and Treasurer;" which was agreed to.  Ordered, that the House concur in said resolution as amended, and that the clerk acquaint the Senate therewith.

A bill to be entitled an act to declare certain parts of Choctawhatchee and Pea rivers public highways, was read a second time, and ordered to be engrossed for a third reading.

A bill to be entitled an act to repeal in part, and amend an act to fix the salary of the President of the Bank of the State of Alabama, and for other purposes, passed 14th January, 1826--

Mr. Mead moved that the further consideration of said bill be postponed; which was lost. Mr. Crenshaw then moved that the further consideration thereof be postponed till the first day of March next; which was lost- Yeas 25, nays 33.

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

Mr. Benson

Coleman

Harris

Moore of Mad.

Massey

Bridges

Dennis

Johnson

Moore of Jac.

Perry

Crenshaw

Dubose

Jones

McVay of Lau.

Ross

Craig

Fluke

Lawler

Mead

Smith of Hen.

Coe

Greening

Lewis

Martin

Smith of La.- 25

Those who voted in the negative are

Mr. Speaker

Barclay

Edmondson

McVay of Law.

Rhodes

Acklen

Coopwood

Ellis

Neil

Sims Terry

Brown

Davis of Fr.

Edwards

Perkins

Williams

Broadnax

Davis of Ja.

Exum

Heard Pickens

Weissinger

Bell

Dale Dupuy

McClung

Parham

Walthall

Bradford

Duke

Montgomery

Powell

Whitfield-33

The said bill was then read a second time and ordered to be engrossed for a third reading.

A bill to be entitled an act for the relief of Zephaniah Hicks, was read a second time and ordered to be engrossed for a third reading.

And then the House adjourned till tomorrow morning 10 o'clock.