of Marion county, for an additional justice of the peace in said county
for the town of iiridgport;
Which was referred to a select committee of Messrs. Johnson,
Sweetser and Beckett.
Mr. Farley presented the petition of Grcenbery Mullinnek and
others praying for the repeal of the act, passed at the last session of the
General Assembly, to incorporate the Greencastle Savings Institution
and Trading and Manufacturing company;"
Which was referred to the committee on corporations.
Mr. Hunt of R. presented the petition of Jesse Carter and others,
praying for the location of a State road from Frankfort in Clinton coun-
ty to Adams' Mill in Carroll county;
Which was referred to the committee on roads.
Mr. Spann presented the petition of John T. Johnson and others,
for the repeal of a certain part of the school law;
Which was referred to the committee on education.
Mr. Jenckes presented the following protest; which was ordered
to be placed upon the Journal of the House, to wit:
The undersigned availing themselves of their constitutional right,
offer the following protest against the act entitled "an act for the re-
lief of unpaid contractors on the public works," for the following
among other reasons:
That it is deceptive, because it purports to be an "act for the relief
of unpaid contractors," whereas it is an act for the sale of the eastern
suspended debt, and if the law is carried out according to its letter and
spirit no relief will be afforded to the contractors without the passage
of another act expressly for that object.
Because it is a.n act to increase the fund commissioners from two to
176
hree notwithstanding the last Legislature reduced the board to two
and there is now not the least necessity for such increase.
Because it will spend a large sum of the public money without any
adequate compensation in return.
Because the security required of the commissioner is so small in
amount as to be in effect merely nominal.
Because the office of special commissioner may be filled by one who
may make an exparte report and who may use his position to asperse
the fund commissioner, that have proceeded him, without the possi-
bility of rendering better service to the State.
Because the suspended debt secured by ample collateral security
and cannot now be sold without a ruinous sacrifice; whereas by the
exercise of a reasonable degree of patience every dollar of principal
and interest will be received.
Because the fund commissioner now in New York has made an
arrangement to receive fifty thousand dollars by the first of January
next, and as he is better acquainted with the origin and situation of
the debt than any new agent can be, he is better prepared to adjust it
for the benefit of the State.
Because a large portion of the debt is a credit on the books of the
Morris canal and banking company and not to be sold under the ham-
mer of the auctioneer without a violation of commercial usage.
Because the collateral security cannot be resorted to, until the Bank
has failed to comply with the condition under which it was given.
Because the State has the power and may create the means to pay
the contractors promptly, in a manner acceptable to them, without re-
course to this measure.
Because the contractors, who are a numerous clan of intelligent men
whose wishes should not be disregarded on this occasion, have express-
ed their readiness and willingness over and over again to receive small
notes to be used by the banks, or State treasury notes at par, in full
satisfaction of their claims.
And \ast\y Because the measure itself is calculated to discredit the
State in the estimation of money changers throughout the world:
W. B. Butler, . Jos. S. Jenckes,
W. G. Atherton, .> V . . G. W. Cutter,
R. Burkshire, . :. E. W. McGaughey,
J. Osborn, .;>;- W.H.Bennett,
Sylvanus Everts, ". - . •■Lewis Burk.
Mr. Thompson presented the petition of Francis Sweet and others
of Allen county, praying that an extension of credit may be given to
persons who have borrowed money from the agent of the surplus rev-
enue;
Which was referred to the committee on thejudiciary.
Mr. Warriner presented the petition of James Walton and oth^s,
for the incorporation of a company to build a toll bridge across the
Kankakee river, at the point known as Sherwood's ferry;
Which was referred to the committee on corporations.
177
Mr. Long presented the petition of Joel Wilcox and others, con-
tractors on the White Water canal praying relief; ^
Which was read and laid upon the table.
Mr. Parker made the following report: . -
Mr. Speaker —
The committee on the judiciary, according to order, have examined
the 2d article of a treaty made and concluded, by and between the
United States and the Pottawattamie tribe of Indiana on the 16th
day of October 1826, and have directed me to report: That they are
of the opinion said article is not binding on the United States as a
contracting party, either express or implied, to aid in the completion
of the Michigan road; and that they therefore deem further legisla-
tive action on that subject inexpedient.
Which was concurred in by the House.
Mr. Stewart offered for adoption the following resolution:
Resolved, That the public printer be instructed to print one thou-
sand copies of the Journals of the present session; which
On motion,
Was laid upon the tabic.
On motion of Mr. Atherton,
Resolved, That the committee of M^ays and means be instructed to
inquire into the expediency of so am.cnding the law, relative to the
sinking fund, that borrowei'S of that fund may be allowed to retain
said fund three years longer, after the same becomes due, by said bor-
rower paying the interest annually in advance; and to report by bill
or otherwise.
Mr. Foster offered the following resolution:
• Resolved, That the committee of wnys and means inquire into the
propriety of repealing so much of the revenue law, as makes it the
duty of collectors, to call on persons charged with tax, and amend, bj
making it the duty of collectors to meet t!ie persons charged with tax,
in their townships, after notice given, and a given time at the county
seat; also, to authorize the collecting of remaining delinquencies, with
the same fees that other debts are, and reduce the collecting fee.
On the question. Shall said resolution be adopted? it was decided
in the negative.
Mr. Osborn of Franklin offered for adoption the follov/ing resolu-
tion:
Resolved, That the judiciary committee be directed to inquire into
the expediency of reporting a bill requiring the board doing county
business in the several counties in this State to allow the justices of
the peace a reasonable compensation for blank dockets purchased by
them for their official use.
Mr. Cutter moved to amend the resolution, by adding the follow-
ing:
23h
'^And'constabies pay for pocket books, stationary, &c. used by them,
in tbe discharge of their oflicial duties."
Mr. Cogswell moved that the bill and proposed amendment be laid
upon the tabic;
Which motion was decided in the affirmative.
Mr. Robinson of Jcilersou oilcred for adoption the following reso-
lution:
Resolved, That the committee on ways and means be instructed to
inquire into the expediency of creating the office of county auditor,
to be elected by the qualiiied voters of each county , with the same or
similar duties and povtors that pertain to the office of county auditor
in the State of Ohio; with leave to report by bill or otherwise.
Mr. Hull moved to strike out the resolution from the resolving
clause and insert the following:
"That the judiciary committee be instructed to inqure into the ex-
pediency of providing for the office of auditor in the several counties
in this State, and that the recorders of said counties act as such offi-
cer."
â– Mr, Cogswell moved to lay tbe resolution and proposed amendment
upon the table; . — :â– â– â–
Which moiion was decided in tlie negative.
Ml". Foster moved to strike out of the proposed amendment the
word ^'recorder," and insert "clerks;"
Which motion was decided in the negative. - ' ^
Mr. Ecclcs proposed to amend the amendment as follows:
"That the board doing county business appoint a county attorney,
to aid them in the discharge of their official duties, to be paid out of
the county treasury, by order of the said board;"
Which amendment v/as not adopted.
The question recurring on the amendment offisred by Mr. Hull.
And the ayes and noes being requested thereon, by Messrs. Judah
and Jamison,
TTiosc zvho voted in the affirmative were:
Messrs. Arnold, Athcrton, Bowles, Buckles, Hull, Montgomery,
Morgan and White— S. . ...
. . Those zidio voted in the nes;ative were: ' .
Messrs. Albcrtson, Allison, Baker, Beckett, Bell, Bennett, Berkshire
Burk, Butler, Campbell, Carlton of F., Carleton of L., Clark, Coats
Cogswell, Conaway,Cox, Davis, Dunn, Eccles, Everts, Flint, Frisbie
Garrigus, Gardner, Haddon, Ilamer, Hamblen, Herriman,nunt of J.
Hunt ofR,., Jackson, Jamison, Jenckcs, Johnson, Jones, Judah, Lane,
Lancaster, Long, McCormack, McGaughey, Miller, Milroy, Moore of
Moore of V., Morrison, Nelson of Bo, Nelson of M., O'Neall, Osborn
179
of C, Osborn of F., Osborn of U., Parker, Perry, Porter, Rippey,
Robinson of J., Robinson of Ripley, Robinson of Rush, Sands, Shields,
Southard, Spann, Stewart, Wheeler, Wilson of M., Woodard, Wors-
tcr, Zenor and Mr. Speaker — 71.
So said amendment was not adopted.
The resolution was then adopted, without amendment.
On motion of Mr. Jones,
Resolved, That the judiciary committee be instructed to inquire into
the expediency of so changing the form of the oath administered to
grand jurors, that there shall be no doubt of their duty to present to,
and testify before a court as to such matters as may come to their
knowledge while serving as grand jurors; and whether it would not
be proper to release them from the obligation of secrecy after the
prisoner shall have been taken into custody; with leave to report by
bill or otherwise.
Mr. Thompson, offered the following resolution:
Resolved, That the principal engineer be requested to report to
this House, what will be the probable loss sustained by contractors,
on the several public works, in case they are compelled to abandon
their contracts; also, the amount expended on the several public
works that will be entirely lost to the state, without a further prose
cution of the same.
Mr. Hull moved to amend said resolution, by adding the following;
which was consented to, to wit:
"And what work, in his opinion, will suffer most by a delay in pro-
secution."
On motion of Mr. Cutter,
Resolved, That the chief engineer be, and he is hereby instructed to
report to this House assoon as practicable: 1st, How much moneyit
would require to so farfinish the Cross-Cut canal from Eel river dam to
Terre Haute as to let the water through; and how much the revenue
of the state would be increased by renting the water power along the
line of said canal and at Terre Haute.
On motion of Mr. Morgan,
Resolved, That the State Board of Internal Improvement report to
this House, what steps have been taken by them, or v»^hetherany, to
carry into effect an act of last session, entitled ''an act to provide f^r
the survey of a road from Charlottesville in Hancock county, via Rush-
ville, to the White Water canal.
Mr. Cutter made the following report:
Mr. Speaker —
The select committee to whom was referred the joint resolution in-
structing our Senators and requesting our representatives to use their
best exertions to procure the passage of an act repealing tfee duty on
salt imported into the United States have had the same under consi-
deration and have instructed me to report the same back to this
House with the following amendment, to wit:
ISO
Strike the same out from the enacting clause, and insert the one
herewith submitted.
The amendment wasconcurred in, and the joint resolution. No. 5,
mentioned in the message, was ordered to a third reading on to-morrow.
Mr. Lane, from the committee on canals and internal improvements
reported
No. 78, ajoint resolution supplemental to a joint resolution, approv-
ed Dec. 21, 1739, entitled "ajoint resofution in relation to contrac-
tors and others on public works;" which M'as read a first time; and
On motion of Mr. Lane,
The rule was dispensed with and the hill read a second time;
when
Mr. Fitch moved to amend the joint resolution bj adding to the
end thereof the following:
"In consequence of the failure upon the state to pay them estimates,
as heretofore ;"
Which amendment was adopted.
The rules were further dispensed with and the joint resolution read
a third time: when
Mr. Moore of O., moved to recommit the joint resolution to a se-
lect committee, with instructions to strike out the last resolve;
Which motion was decided in the negative.
The question recurringon the passage of the joint resolution, itwas
decided in the aflirmativc.
Ordered, That the clerk inform the Senate thereof.
Mr. Hull introduced
No. 79, ajoint resolution relative to the deaf and dumb persons in
this state;
Which was read the first time and passed to a second reading on to-
morrow.
On motion.
The House adjourned until two o'clock. P. M. '
Tivo o'clock P. M.
The House met pursuant to adjournment.
A message from the Senate by Mr. Test their Secretary:
Mr. SpEAKEn —
lam directed by the Senate to inform the House of Representatives
that the Senate has passed ajoint resolution thereof, No. 26, entitled
"A joint resolution supplemental to ajoint re5olu;ion for the relief
of contractors on the public works, passed at the present session of the
General Assembly,"
In which the concurrence of the House is respectfully requested.
The joint resolution mentioned in the message, was read a first
time; when
Mr. Lane moved that the rule be dispensed with and the joint reso-
181
lution be read a second time now: ^ . .
Which motion was decided in the affirmative; when
On motion of Mr. Fitch, ',
The joint resolution was hud upon the table.
]\lr. Fitch introduced
No. 79, a bill to provide for the sale of Wabash and Erie canal lands
and for other purpose-;
Wliich was read a first time and passed to a second reading on to-
morrow.
JNIr. Shields introduced
No. SO, a bill regulating the jurisdiction of justices of the peace of
Jackson county;
Which was read the iirsl time and passed to a second reading on
to-morrow:
Mr. Wheeler introduced
No. 81, a bill to repeal an act entitled ''an act to vacate a part of
the tovrn of Miiford in the county of Kosciusko.
Which was read the first time and passed to a second reading on
to-morrow:
A message from the Senate by i-.Ir. Test their Secretary:
Mr. Speaker —
I am directed by the Senate to inform the House of Representatives
that the Senate has passed an engrossed bill thereof, No. 21, entitled
"An act Lr the relief of A. W. Noe," in which the concurrence of
the House is respectfully requested.
The bill mentioned in the message was read the first time; and
On motionof Mr. Albertson,
Committed to the committee on claims. ...
A message from th« Senate, by Mr. Test their Secretary.
Mr. Speaker — . . . '
I am directed by the Senate to inform the House of Representatives
that the Senate has passed the engrossed joint resolution of the House
No. 78, entitled
"A Joint Resolution supplemental to a joint resolution approved,
December 21, 1839 entitled a joint resolution in relation to contrac-
tors and others on the public works," vrithout amendment.
The House now proceeded to the consideration of the orders of the
day.
No. 61, a bill of the House, to revive and amend an act to locate
a state road therein named, was read the second time: and
On motion,
Referred to the committee on roads.
No. 63, a bill to amend an act entitled "'an act providing for a
more uniform mode of doing township business in the several couniies
therein named," approved February 17th, 1838,
182
Was read a second time; when
Hunt of Jl., moved to amend, by adding thereto' the following:
"And all other -counties to which the benefits of said act has, or
may be extended;"
Which amendment was adopted.
The bill was then ordered to be engrossed for a third reading on
to-morrow.
No. 63, a bill for the election of prosecuting attorneys for each
county, by the qualified voters thereof, was read the second time;
when
Mr. Cogswell moved that the bill be laid upon the table:
Which motion was decided in the negative.
Mr. Long moved to commit the bill to a committee of the whole
House for the present time;
Which motion was decided in the afiirmativc.
The House, according to order, resolved itself into a committee of
the whole, on said bill;
Mr. Bennett in the chair, and after some time spent therein the
committee rose, and the chairman reported the bill to the House, and
asked leave to sit again.
On the question, shall said leave be granted, it was decided in the
negative.
On motion of Mr. Hunt of R.,
The bill was referred to the committee on the judiciary. > '
Mr. Morrison made the following report, ,-
Mr. Speaker — . ' -
The joint committee on enrolled bills have this day compared the
following engrossed joint resolution of the House with the enrolled
thereof
No. 78, a joint resolution supplemental to a joint resolution approv-
ed December 21st, 1839, entitled "a joint resolution in relation to
contractors and others on the public works," and find the same cor-
rectly enrolled.
Whereupon, • • " -:
The Speaker signed the same.
Ordered, That the clerk carry it to the Senate for the signature of
their President. . -
On motion,
The House adjourned until to-morrow morning at nine o'clock.
183
TUESDAY MORNING, December 24, 1839.
The House met pursuant to adjournment,
Mr. Swectser on leave granted, offered for adoption the following
resolution, to wit:
Resolved, Tliat tlic Chief Engineer be requested to arrange in tabu-
lar form, and report to this House, a full statement, showing the amount
of the original estimate of each work authorized by the internal im-
provement act of 1836; the appropriation made on each work by said
act; the present total estimated cost of each work, based upon the con-
tract prices; the estimated amount of work done, and the amount yet
to be done, to complete each work; stating the prominent causes, if
known to him, which have swelled the actual cost beyond the original
estimate.
Mr. Robinson of J. moved to amend, by adding the following:
"And the length of each work, according to the list and most ap-
proved survey, Irom the point of its commencement to its termination."
Which amendment was adopted,
The resolution, as amended, was then apopted. ;
Mr. Robinson of J. made the following report:
Mil. Speaker —
The judiciary committee to whom was referred so much of the Gov-
ernor's message as says: "I submit to you the resolutions of the Le-
gislature of Kentucky, responsive to those passed by the Legislature of
Indiana, at the last session, on the subject of slavery," have directed
me to report, that they have had the same under consideration, and
finding any legislation thereon unnecessary, asked leave to be discharg-
ed from the furtlier consideration of the same.
On motion.
The committee was discharged accordingly.
On motion of JMr. Lane,
One hundred copies of the memorandumof an agreement entered in-
to betAveen the fund commissioners and certain gentlemen of Madison
for a sale of State bonds and accompanying letter, were ordered to be
printed for the use of the House.
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 passed engrossed bills of the House entitled:
INO. 16, an act to change the name of Levina Fallis.
184
No. 3, an act to change the name of Harvey Slocum of Jefferson
county, and
No. 35, an act for the benefit of persons who are Hkely to suffer by
the distruction of the records of Dubois county.
The first without amendment, and thetwo last with amendments, in
which the concurrence ofthe House is respectfully requested.
The amendment ofthe Senate to hill ofthe House, No. 3, mention-
ed in the message, was concurred in by the House; also,
The amendment ofthe Senate to bill of the House, No. 35, mention-
ed in the message.
Mr. Sands on leave, offered the following resolution; which was
adopted, to wit:
Resolved., That the secretary of State be directed to lay before this
House, the annual report of the superintendent of the Stale prison.
Mr. Osbornof F. made the following report:
Mr. Speakeh —
Thejoint committee on enrolled bills report, that they did, this day,
present to his excel' ency the Governor for his approval and signature,
the following joint resolutions, to wit:
A joint resolution supplemental to a joint resolution approved Dec.
21, 183i), entitled a joint resolution in relation to contractors and others
on the public works; also,
A joint resolution in relation to the claim of this State for lands to
complete Wabash and Erie canal.
Mr. Bell moved to suspend the previous orders ofthe day, to take
up bill of theHo'.se, No. 31, to provide for the election of a justice of
the peace in the town of New London in Dubois county;
Which motion was decided in the aftirmative.
The bill was road a third time and passed.
Ordered^ That the Clerk inform the Senate thereof.
Mr. Edmonson moved to suspend the previous orders ofthe day to
take up bill ol the House, No. 36, to legahze certain acts of the board
doing county business in the county of;
Which motion v>^as decided in the affirmative.
The bill was then read a third time and passed.
Ordered, That the clerk inform the Senate thereof.
A message from the Governor by Mr. Moore his private secretary:
Mr. Speaker — ;
I am directed by the Governor to inform the House of Representa-
tives that he has this day approved and signed joint resolutions which
originated in the House of Representatives, entitled
"A joint resolution in relation to the claim of this State for lands to
complete the Wabash and Erie canal."'
185
"A joint resolution supplementarto a joint resolution, approved Dec.
21, 1839, entitle a joint resolution in relation to contx-actors and others
on the public works."'
Mr. Flint moved that the House adjourn until the second day of
Jan., 1840, at nine o'clock, A. M.
And the ayes and noes being requested thereon, by Messrs. Cona-
way and Sweetser,
Those who voted in the affirmative were:
Messrs. Allison, Atherton, Bell, Butler, Flint and Judah — 6.
Those who voted in the negative were :
Messrs Albertson, Bennett, Bowles, Campbell, Conaway, Edmon-
son, Fitch Frisbie Gardner, Ilcrriman, Hunt of J., Johnson, Lane,
Monroe, McCoy, Montgomery, Moore of Y., Morrison, Osborn of P.,
Osborn ofU., Perry, Robinson of J., Sands, Shields, Southard, Spann,
Stewart, Sweetser, Thompson, Warriner, Wheeler, White, Wilson, of
M., Wilson of W., Zenor, and Mr. Speaker — 35. •
So said motion was decided in the negetive.
On motion of Mr. Sweetser,
The House adjourned for the want of a quorum, until Thursday the
2nd day of January next, at nine o'clock, A. M.
THURSDAY MORNING, January 2, 1840.
The House met pursuant to adjournment.
Mr. Fisher presented the petition of Joseph Eggleston and others,
in relation to a bridge over Indian creek in Switzerland county;
Which was referred to the committee on roads.
Mr. Jones presented the petition of J. B. Beeler and others, pray-
ing an act of incorporation for building a bridge over Anderson's ri-
ver, near Aquilla Huff's, and for the relocation of a part of the state
road from Troy to Jasper;
Which was referred to the committee on corporations. '
Mr. Baker presented two several petitions from sundry citizens of
Wayne and Randolph counties, praying for the location of a sate road
from Hagarstown in Wayne county, to Camden in Jay county; j
Which was referred to the committee on roads.
Mr. Jones presented the petition of J. C. Richardson and others, of
Spencer county, praying for an additional term of the Spencer Cir-
cuit court;
Which was referred to the committee on the Judiciary.
Mr. Cooper presented the petition of Moses H. Gregg and others,
praying that the newly laid off lots, or addition to Knightstown, be,
24h
186
known by the name of Raysville or as an addition to the town of
Raysville;
Which was referred to a select committee of Messrs. Cooper, Berk-