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INDIANA
STATE LIBRARY
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JOURNAL
OP
THE HOUSE OF REPRESENTATIVES,
AT THE
TWENTY-FOURTH SESSION
OF
\
THE GENERAL ASSEMBLY
OF THE
COMMENCED AT INDIANAPOLIS,
ON MONDAY, THE SECOND DAY OF DECEMBER, 1839.
INDIANAPOLIS:
3. Iiivlnsstost Frlntert
1839^'4a
iHDtaHA a«A«E MS^SAMX
JOURNAL
OF
THE HOUSE OF REPRESENTATIVES.
AT THE TWENTY-FOURTH SESSION
OP THE
GENERAL ASSEMBLY OF THE STATE OF INDIANA.
Begun and held at the Capitol^ in the town of Indianapolis, on Monday
the second day of December^ in the year of our Lord one thousand eight
hundred and thirty-nine, being the day appointed by law for the meeting
of the General Assembly.
The following members of the House of Representatives appeared,
produced their credentials, were sworn into office by the Hon. Isaac
Blackford, one of the Judges of the Supreme Court of the State of
Indiana, and took their seats, to wit:
From the county of Dearborn — Amos Lane, William Lanius, Wil-
liam Conway, and William Perry.
From the county of Wayne — William Baker, Morris Lancaster,
Caleb B. Jackson, and Lewis Burke.
From the county of Rush — Jesse Morgan, Thomas Worster, and
Osmyn Robinson.
From the county of Parke — Jeptha Garrigus, and Robert Clark.
From the county of Fountain — James P. Carleton.
From the county of Tippecanoe— James White, and William M.
Porter.
From the county of Henry — Robert M. Cooper, and Ralph Berk-
shire.
From the county of Fayette — Matthew R. Hull, and Samuel W.
Parker.
From the county of Union — William H. Bennett, and James
Osborn.
From the county of Marion — James Johnson, and Philip Sweetser.
From the county of Shelby — Wilham W. M'Coy, and Balis Coats.
From the county of Harrison—Nathaniel Albertson, and Johr
Zenor.
From the county of Lawrence — Robert M. Carleton, and Hugh
Hamer.
From the county of Franklin — Elisha Long, and Redin Osborn.
From the county of Jefferson — George Robinson, John Hunt, jr.,
and Charles Yv'^oodard.
From the county of Clark — James G. Read, and Thomas J.
Henley.
From the county of Washington — Henry C. Monroe, and John L
Morrison.
From the county of Vermillion — Joseph Moore.
From the counties of Bartholomew and Brown — Benjamin F.
Arnold, and Eliakim Hamlin.
From the county of Owen — George W. Moore.
From the county of Green — John F. Allison.
From the county of Clay — John Osborn.
From the county of Warren — William G. Montgomery.
From the county of Clinton — Samuel C. Dunn.
From the county of Carroll — Henry B. Milroy.
From the county of Monroe — Joseph Campbell.
From the county of Johnson — Fabius M. Finch.
From the county of Morgan — John Ecclcs.
From the county of Hendricks — James F. Beckett.
From the county of Hancock — John Foster.
From the county of Boone — John H. Nelson.
From the county of Madison — Willis G. Atherton.
From the county of Hamilton — Francis B. CogswelL
From the county of Allen — Lewis G. Thompson.
From the county of Elkhart — Matthew Rippey.
From the county of Laporte — Sylvanus Everts.
From the county of Decatur — Martin Jamison.
From the county of Ripley — Joseph Robinson.
From the county of Switzerland — Elwood Fisher.
From the county of Orange — -William A. Bowles.
From the county of Posey — Matthev,' R. Southard.
From the county of Vanderburgh — William B. Butler.
From the county of Warrick — Alpha Frisbie.
From the county of Gibson — Smith Miller.
From the county of Cass — Graham N. Fitch.
From the county of Floyd — Isaac Stewart.
From the count}^ of Jackson — V/iJliam Shields.
From the county of Scott — Elisha G. EngHsh.
From the county of Jennings — John L. Spann.
From the county of Knox — Samuel Judah, and Jonathan P. Cox.
From the counties of Daviess and Martin — John Flint.
From the county of Vigo — George W. Cutter, and Joseph S.
Jenckes.
From the county of Sullivan — William R. Hadden, and Justus
Davis.
From the county of Putnam — Edward W. McGaughey and Joseph
F. Farley.
From the county of Montgomery — Henry Lee, John Nelson, and
Abijah O'Neall.
From the county of Crawford — Samuel Sands.
From the counties of Ferry and Spencer — William Jones.
From the county of Pike — EUjah Bell.
From the county of Dubois — Benjamin Edmonson.
From the counties of Grant and Wabash — James Shively.
From the counties of Noble, Lagrange, Steuben, and De Kalb —
David B. Herriman.
From the counties of Kosciusko, Marshall, and Stark — Amizi L.
Wheeler.
From the counties of White, Jasper, and Pulaski, John B. Wilson.
From the counties of Huntington, Adams, Wells, Whitley, and
Jay — Lewis W. Purviance.
From the counties of Miami and Fulton — Alexander Wilson.
From the county of St. Joseph^ — Leonard Rush.
From the county of Delaware — Abraham Buckles.
From the county of Randolph — Miles Hunt.
The House then proceeded to the election of a Speaker, Messrs.
Bennett and Plenley acting as tellers. On counting the first ballot,
it appeared that
James G. Read received 51 votes.
Samuel Judah, « 37 "
Scattering, 9 "
James G. Read having received a majority of the whole number of
votes given, was declared duly elected Speaker of the House of
Representatives during the present session. On being conducted to
the Chair by Messrs. Monroe and Zenor, returned his acknowledg-
ments to the House for the honor conferred.
On motion of Mr. Long,
The House proceeded to the election of Principal Clerk, Messrs.
Long and Judah acting as tellers. On counting the first ballot, it
appeared that
Horatio J. Harris received 53 votes.
Thomas P. Baldwin, 40 "
Scattering, 4 "
Horatio J. Harris having received a majority of the whole number
of votes given, was declared Principal Clerk of the House of Repre-
sentatives during the present session, was sworn into oflice by the
Hon. Isaac Blackford, and entered upon the discharge of his duties.
On motion of Mr. Albertson, the House proceeded to the election
of an Assistant Clerk, Messrs. Albertson and Zenor acting as telleri.
On counting the first ballot, it appeared that
Nathaniel Bolton received 56 votes.
Henry S. Christian, 29 «
Scattering, 12 «
Nathaniel BoUon having received a majority of the whole number
of votes given, veas declared duly elected, was sworn into office by the
Hon. Isaac Blackford, and entered upon the discharge of his duties.
On motion of Mr. Osborn of Franklin, the House proceeded to the
election of an Enrolling Clerk, Messrs. Osborn of Franklin and
Osborn of Union acting as tellers. On counting the first ballot it
appeared that
Henry Secrest received 21 votes.
Jacob H. Hager, « 35 «
John A. Murphy, " 17 "
Wilson Thompson," 12 «
Joshua Soule, « 2 "
Joseph Chapman, " 9 "
Scattering, 1
No person having received a majority of the whole number of votes
given, the House proceeded to a second balloting, when it appeared
that
Henry Secrest received 30 votes.
Jacob H. Hager, « 38 «
John A. Murphy, « 12 «
Wilson Thompson," 11 «
Joshua Soule, " 1 «
Joseph Chapman, " 4 "
No person having received a majority of the whole number of votes
given, the House proceeded to a third balloting, when it appeared
that
Henry Secrest received 38 votes.
Jacob H. Hager, « • 40 «
John A. Murphy, « 6 «
Wilson Thompson," 11 «
Joseph Chapman, " 1 "
Scattering, 1 "
No person having received a majority of the whole number of votes
given, the House proceeded to the fourth balloting; when it appear-
ed that
Henry Secrest received 53 votes.
Jacob H. Hager, « 40 «
Scattering, 3 "
Henry Secrest having received a majority of the whole number of
votes given, was declared duly elected Enrolling Clerk of the House
of Representetives, was sworn into office by the Hon. Isaac Black-
ford, preparatory to a discharge of his duties.
On motion, the House adjourned until 2 o'clock, P. M.
2 o'clock, P. M.
The House met pursuant to adjournment.
On motion of Mr. Moore of Owen,
The House proceeded to the election of Door Keeper, Messrs.
Moore of O. and Eccles acted as tellers. On counting the first bal-
lot, it appeared that
James M. Lucas received 40 votea.
Peter F. Newland, « 9 "
Thomas M. Chill, « 6 «
John Stinson, " 5 "
James Fisiar, " 5 '*
William Biddle, " 15 "
John E. Johnson, « 10 «
William Anderson, " 4 "
No person having received a majority of the whole number of votes
given, the House proceeded to a second balloting, when it appeared
that
James Mk Lucas received 58 votes.
William Biddle, « 18 "
John E. Johnson, « 4 "
Thomas M- Chill, « 2 "
John Stin»son, " 3 .4
Peter F. Newland, « 5 «
James Fisiar, " 2 »*
Scattering, 1 "
James M. Lucas having received a majority of the whole number of
votes given, was declared duly elected, was sworn into office, and
entered upon the discharge of his duties.
Mr. Morgan moved that the House proceed to the election of a
Sergeant-at-Arms, on which motion the ayes and noes being de-
manded.
Those who voted in the affirmative wercj
Messrs. Albertson, Arnold, Atherton, Baker, Beckett, Bowles,
Buckles, Campbell, Carlton of L., Davis, Eccles, Edmonston, English,
Farley,' f Finch, Fisher, Fitch, Frisbie, Haddon, Henley, Hunt of R.,
Johnson, Lee, McCoy, McGaughey, Miller, Milroy, Monroe, Moore of
O., Morgan, Morrison, Nelson of M., O'Neall, Southard, Spann,
Stewart, Sweetser, White, Wilson of M., and Mr. Speaker — 40.
Those who voted in the negative were^
Messrs. Allison, Bell, Bennett, Berksliire, Burke, Butler, Carleton
ofF., Clark, Coats,'Conaway, Cooper, Cox, Cutter, Dunn, Everts, Flint,
Foster, Garrigus, Hamer, Hamblen, Herriman, Hull, Hunt of J., Jack-
son, Jamison, Jenckes, Jones, Judah, Lane, Lancaster, Lanius, Long,
Montgomery, Moore of V., Nelson of B., Osborn of C, Osborn of Fm
Osborn of U., Parker, Perry, Purviance, Porter, Rippey, Robinson of
J., Robinson of R. Robinson of Rush, Rush, Sands, Shields, Shively,
Thompson, Wheeler, Woodard, Worster, and Zenor — 54.
So the House refused to go into the election of a Sergeant-at-Arms.
A message from the Senate, by Mr. Test their Secretary:
Mr. Speakkr —
I am directed by the Senate, to inform the House of Representa-
tives, that the Senate have adopted the following resolution:
Resolved, That the House of Representatives be informed that the
Senate have convened, formed a quorum, elected Charles H. Test,
Principle Secretary, Alexander F. Morrison Assistant Secretary,
Willis A. Gorman Enrolling Secretary, and David Miller Door
Keeper — and that they M^ere now ready to proceed to Legislative
business.
Mr. Judah offered the following resolution, to wit:
Resolved, That the door-keeper be directed to employ two assis-
tants only, who shall receive one dollar per day each, for their servi-
ces.
The ayes and noes being requested thereon,
Those who Toipd in the ajirmative were .-
Messrs. Albertson, Allison, Arnold, Atherton, Baker, Beckett,
Bennett, Berkshire, Buckles, Burke, Butler, Campbell, Carleton of F.
Carlton of L., Coats, Cogswell, Conaway, Cooper, Cox, Cutter, Ec-
cles. Everts, Finch, Fitch, Flint, Foster, Frisbie, Hadden, Hamer,
Hamblen, Hunt of R., Jackson, Jamison, Jenckes, Johnson, Jones, Ju-
dah, Lane, Lancaster, Lanius, Lee, Long, M'Gaughey, Miller, Mil-
roy, Montgomery, Moore of V. Morgan, Nelson of B., Nelson of M.,
O'Neall, Osborn of C, Osborn of F., Osborn ofU.,Parker,Perry,Pur-
viance. Porter, Rippey, Robinson of J., Robinson of Ripley, Robinson
of Rush, Rush, Sands, Shields, Southard, Shi veley , Thompson, White,
Wilson of H., Woodard, Worster, and Zenor — 78.
Those who voted in the negative zoere :
Messrs. Bell, Bowles, Clark, Davis, Dunn, Edmonston, English,
Farley, Fisher, Garrigus, Henley, Herriman,Hull, Hunt of J.,M'Coy,
Monroe, Morrison, Spann, Stewart, Sweetser, Wheeler, and Mr.
Speaker— 22.
So the resolution was adopted.
On motion of Mr. Cooper,
Resolved, That the clerk of this House, inform the Senate, that the
House of Representatives have convened, formed a quorum, and elect-
ed James G. Read Speaker, Horatio J. Harris Principal Clerk, Na-
thaniel Bolton Assistant Clerk, Henry Secrest Enrolling Clerk, and
9
James H. Lucas Door-Keeper, and are now ready to proceed to Le-
gislative business.
On motion of Mr. Morgan,
Resolved, That a committee of two, be appointed on the part of this
House, to act with a similar one on the part of the Senate, to wait
on the Rev. Mr. Beecher, and request him to attend in the Hall of
the House of Representatives to-morrow morning at 10 o'clock, to
open the present session of the General Assembly by prayer, and that
the Senate be requested to reciprocate this resolution, and that seats
be prepared for them on the right of the Speaker's chair.
Messrs. Morgan and Stewart were appointed the committee on
the part of the House of Representatives.
A message from the Senate by Mr. Test, their Secretary.
Mr. Speaker —
lam directed by the Senate to inform the House of Representa-
tives that the Senate has passed an engrossed joint resolution No 1,
entitled:
"Ajoint resolution concerning the committees of the Senate."
In which the concurrence of the House, is respectfully requested.
The said joint resolution was read three several times and passed,
the rule being suspended.
On motion of Mr. Allison,
Resolved, That the rules and joint rules adopted at the last session
of the General Assembly, by the House of Representatives, for their
government, be adopted by this House during the present session.
On Motion the House adjourned until to-morrow morning at
nine o'clock.
TUESDAY MORNING, December 3, 1839.
The House met pursuant to adjournment.
A message from the Senate by Mr. Test their Secretary:
Mr. Speaker —
I am directed by the Senate to inform the House of Representa-
tives, that the Senate has adopted the following resolution, viz:
Resolved, That the joint rules which were in force for the
government of the last General Assembly, be adopted by the Senate,
as the rules of the joint action for the present session, and that the
House of Representatives be informed of the adoption of said joint
rules, and their concurrence requested therein,
2h
iO
The Senate have reciprocated the resolution of the House to wait
on the Rev, Mr. Beecher, and request him to attend in the Hall of the
House of Representatives this morning vd 10 o'clock, to open the pres-
ent session of the General Assembly by pra) ei, and have appointed
Messrs. Thompson and Mount the committee on the part of the Sen;ite
to wait on the Rev. Mr. Beet her for that purpose.
Also, the Senate has passed the following resolution:
Resolved, That a committee of two, on the part of the Senate, be
appointed to act witji a similar committee, on the part of'tlie House of
Representatives, to wait on his excellency the Governor, and inform
him that the two Houses have convened, elected their ofiicers, and
are ready to receive any communication he may be pleased to make
to them, and to know at what time he will make such communica-
tion; and that the House of Representatives be informed of the adop-
tion of said resolution, and a similar one on their part requested.
Messrs. Beard of M., and Cathcart are appointed the committee
on the part of the Senate.
On motion of xMr. Long,
The "second resolution in the message was reciprocated, on the
part of the House.
Whereupon,
Messrs. Long and Farley were appointed the committee, on the
part of the House of Representatives.
On motion of Mr. Zenor,
The first resolution in the message was concurred in.
Mr. Morgan from the select commitiee app- intcd to wait upon the
Rev. Mr. Beecher, made the following report:
Mr. Speaker—
The committee appointed, on the part of this House, to wait on the
Rev. Ml". Beecher, in (onjunction «ith a similar one on the part of
the Senale, have performed that duty, and respectfully rcpoit that
that gentleman will attend, this morning, at 10 o'clock, in compli-
ance with the request of both Houses ofthe General Assembly.
On motion of Mr. Morgan,
Resolved, That the Senate be invited to attend in this Hall, instan-
ter, for the purpose of opening the present General Assembly by
prayer, and that scats are provided for them on the right ofthe speak-
er's chair.
Whereupon,
The Senate came in, when the Rev. Mr. Beecher addressed the
the Giver ofall Good, imploring his protecting kindness, in tlie deli-
berations ofthe session hy solemn prayer.
The Seriate then returned to their chamber.
Mr. Morgan moved the following resolution:
Resolved, That this House will, on Wednesday the 4th instant, at
ten o'clock, A. M.. the Senate concurring therein, proceed to the
11
election of a Circuit Judge and Prosecutor for the eleventh Judicial
Circuit.
Mr. Robinson of Riplej^ moved to amend, by providing for the elec-
tion of Judges for the 5!,h, and Sth, Judicial Circuits; when
Mr. Fitch moved to lay the resolution and amendment on the ta-
ble;
Which motion was decided in the affirmative.
On motion of Mr. Fitch,
The resolution and amendment, on the subject of the election of a
Judge for the eleventh Judicial Circuit was taken up; when
Mr. Fitch moved to strike out the resolution from the resolving
clause and insert the following:
'••That the House will, on Tnursday the 5th instant, at ''ien o'clock,
A. ]M., the Senate concurring therein, proceed to the election of Cir-
cuit Judges and Prossecu.ing Attorneys, in the several judicial Cir-
cuitsin tais S.'.i'.e, to till t;ic vacancies that have 6ccuri-cd by resigna-
tion or otherwise."
Which amendment vv-as adopted.
The resolution, as amended, was then adopted.
On motion of Mr. Cutter,
Resolved, Tnat a committee of five be appointed to examine into
and report upon the unfinished business of the las'; session of the I>e-
gislaturc, and if there beany thing therein that requires the immedi-
ate and particular attention of this House; with leave to reporl by
bill or otherwise.
Messrs. Cutter, Allison, Foster, Sands, and Conaway were appoint-
ed said committed.
Mr. Eccles offered the following resolution:
R-jsohed, That the door-keeper of this House be instructed to con-
tract with the Editors of the Indiana Democrat and Journal, for three
of their respective papers each, as published, to be dehvered at the
desk in the Hall of the House of Representatives, for the use of each
of the members and ofticers of this House, during the present session.
ISIr. Morgan moved to strike out of uie resoluLion the word "three"
and insert "one."
Mr. Monroe moved to lay the resolution on the table.
And the ayes and noes being requested, ^
Those u-ho zot?d in the ajjirmative were:
Messrs. Bennet, Campbell, Carleton of F., Coats, Cooper, Cox'
Cutter, Finch, Haddon, Jamison, Jones, Judah, Lane, Lanius, Lee'
Long, jNFGaughey, Miller, IMonroe, Montgomery, Morgan, Morrison,
Nelson ofM. O'Ncall, Osborn of C, Perry, Kippey, Robinson of J.,
Robinson R., Stewart, Thompson, and Wilson ofW. — 32.
Those who voted in the negative were:
Messrs. Albertson, Allison, Arnold, Atherton, Baker, Becket, Belh
13
Berkshire, Bowles, Buckles, Burk, Butler, Carlton of L., Clark, Cogs-
well, Conaway, Davis, Dunn, Eccles, English, Everts, Fisher, Fitch,
Flint, Foster, Frisbie, Garrigus, Hamer, Hamblen, Henlj, Herriman,
Hull, Hunt of J., Hunt of R., Jackson, Jenckes, Johnson, Lancaster,
M'Coy, Milroy, Moore of O., Moore of V., Nelson of B., Osborn of F.
Osborn of U., Parker, Purviance, Porter, Robinson of Rush, Rush,
Sands, Shields, Shiveley, Southard, Spann,Sweetser, Wheeler, Wilson
of M. Woodard, Worster, Zenor, and Mr. Speaker — 62.
So the resolution was not laid on the table.
Mr. Hunt of J. moved that the resolution be indefinitely post-
poned.
And the ayes and noes being requested thereon.
Those who voted in the ajjirmative were:
Messrs. Arnold, Atherton, Bennet, Buckles, Campbell, Carleton of
F. Clark, Coats, Conaway, Cooper, Cox, Farley, Finch, Garrigus,
Haddon, Hamblen, Henly, Hunt of J., Jamison, Jones, Judah, Lane,
Lanius, Lee, Long, M'Gaughey, Miller, Monroe, Montgomery, Mor-
gan, Morrison, Nelson of M., O'Neall, Osborn of C, Osborn of F.,
Osborn of U., Perry, Rippey, Robinson of J., Robinson of R., Sands,
Stewart, Thompson, Wilson of W., Woodard and Mr. Speaker — 45.
Those who voted in the negative were :
Messrs. Albertson, Allison, Baker, Becket, Bell, Berkshire, Bowles,
Burk, Butler, Carlton of L. Cogswell, Cutter, Dunn, Eccles, English,
Everts, Fisher, Fitch, Flint, Foster, Frisbie, Hamer,Herriman, Hull,Hunt
of R., Jackson, Jenckes, Johnson, Lancaster, M'Coy, Milroy, Moore of
O., Moore of V., Nelson of B., Parker, Purviance, Porter, Robinson
of Rush, Rush, Shields, Shiveley, Southard, Spann, Sweetser, Wheeler,
Wilson of M., Worster, Zenor— 49.
So the resolution was not indefinitely postponed.
Mr Cutter moved to amend the resolution, to strike out "three" and
insert "four;" when
Mr. Sweetser called for a division of the question.
And the question being taken on that motion, the House refused to
strike out.
Mr. Foster moved to amend the resolution, by adding thereto the
following: —
"The House reserving the right to discontinue the papers at any
time.
Which amendment was not adopted.
The question recurring on the adoption of the resolution.
And the ayes and noes being requested thereon.
Those who voted in the affirmative were:
Messrs. Albertson, Allison, Atherton, Baker, Becket, Bell, Berk-
13
shire, Bowles, Burk, Carlton of L., Clark, Cox, Cutter, Davis, Dunn,
Eccles, English, Everts, Fisher, Fitch, Flint, Foster, Frisbie, Garrigus,
Hamer, Hamblen, Herriman, Hull, Hunt of R. Jackson, Jenckes,
Johnson, Lancaster, JNIilroy, Moore of O., INIoore of V., Morrison, Nel-
son of B., Parker, Purviance, Porter, Rippey, Rush, Shiveley, South-
ard, Spann, Wheeler, Wilson of M., Zenor— 49.
Those who voted in the negative zuere:
Messrs. Arnold, Bennet, Buckles, Butler, Campbell, Carleton of F.,
Coats, Cogswell, Conaway, Cooper, Farley, Finch, Haddon, Henly,
Hunt of J. Jamison, Jones, Judah, Lane, Lanius, Lee, Long, M'Coy,
M'Gaughey, Miller, Montgomery, Morgan, Nelson of M., O'Neall,
Osborn of C, Osborn of F., Osborn of U., Perry, Robinson of J.,
Robinson of Ripley, Robinson of Rush., Sands, Shields, Stewart,
Sweetser, Thompson, Wilson of W., Woodard, Worster, and Mr.
Speaker — 45.
So the resolution was adopted.
On motion of Mi*. Jones.
Resolved, That seats, within the bar be provided, for one reporter
for each newspaper published in Indianapolis, during the present ses-
sion.
Mr. Fitch offered for adoption the following resolution, to wit:
Resolved, That whereas operations having been suspended on all or
nearly all of the public works within this State, the Board of Internal
Improvement be in instructed to report, as soon as practicable, what
number of their own body can be dispensed with, if not all, and what
number of Engineers, assistants, &c. wiih the salaries of each, and
the aggregate amount thus annually saved to the State.
Mr. Long moved that the resolution be laid upon the table:
Which motion was decided in the affirmative.
Mr. Long from the select committee appointed to wait upon the
Governor, made the following report:
Mr. Speaker —
The joint committee, to whom was referred the resolution directing
them to wait on his Excellency the Governor, and inform him that both
Houses of the General Assembly have met, formed a quorum, elected
their officers and are now ready to receive any communication that
he may wish to make to them, have performed that duty and received
for answer, that he would this day, at two o'clock, P. M. meet both
branches of the General Assembly in the Hall of the House, for the
purpose of communicating to them his annual message.
Mr. Hull moved the following resolution, which w^as adopted, to
wit:
Resolved, That the Senate be invited to attend, instanter, in the
Hall of the House of Representatives, to receive the message of his
14
Excellency the Governor, and that seats be provided for them on the
right of the Speaker's chair.
The Senate then came into the Hall of the House and took their
seats on the right of the Speaker's chair, the President of the Senate