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JOURNAL
OF THE
HOUSE OF KESPRESHNTATrtTBE
OF
THE STATE OP INDIAHA*
SEINO THE
FOURTEENTH SESSION
GENERAL ASSEMBLY* ^
BEGUN AND HELX>
AT INDIANAPOLIS, IN SAID STATE,
tN HONDA? THE SEVENTH DAV OP DECEMBEB, A. J>. 182,&
INDIANAPOLIS:
•3MITH AND BOLTON, STATE PRINTERS,
1829.
'A
WT»TA>TA STATE T |
JOURNAL
OP THE
HOUSE OF RSPRESENTATnrSS
AT THE FOURTEENTH SESSION OP
THE GENERAL ASSEMBLY OF THE STATE OP INDIANA*
3EGTJN AND HELD AT THE Capitoi,, IN THE TOWN OP INDIANAP-
OLIS, ON MONDAY THE SEVENTH DAY OP DECEMBER, IN THE
YEAH OF OUR LORD, ONE THOUSAND EIGHT HUNDRED AND TWEN-
TY-NINE; BEING THE DAY APPOINTED BY LAW FOR THE MEET-
ING OF THE GENERAL ASSEMBLY.
The following Members of the House of Reprtsenta-
fives appeared and took their seats, to wit: '
From the county of Wayne, James Rariden, Hen-
ry Hoover, John Jones, and John Finley.
From the county of Dearborn, Horace Bassett,
James T. Pollock, Thomas Guion, and Walter Arm-
strong.
From the county of Clark, Isaac Howk, Alexander
F. Morrison, and Andrew Fife.
From the county of Washington, Alexander Lit-
tle, John Kingsbury, and Charles B. JYaylor.
From the county of Harrison, Dennis Pennington,
James B. Slaughter, and Robert F. Bell.
From the county of Franklin, David Wallace, and
Benjamin S. JVoble.
From the county of Switzerland, John Dumont,
and Samuel Jack.
From the county of Jefferson, David Hillis, and
Jamas H. Wallace.
14 j
From the county of Orange, Thomas Coffin, and
John B. Moyer.
From the county of Knox, General W. Johnston,
and John C. Reiley.
From the county of Union, Ross Smiley, and James
Leviston.
From the county of Fayette, Marks Crume.
From the county of Rush, William J. Brown.
From the county of Decatur, Thomas Hendricks.
From the county of Ripley, Thomas Smith.
From the county of Jennings, Ezra F. Pabody.
From the county of Marion, George L. Kinnard.
From the county of Jackson. James Hamilton.
From the county of Scott, Jesse Jackson.
From the county of Floyd, Jacob Bencc.
From ftie county of Crawford, Seth M. Levin*
worth.
From the county of Lawrence, Pleasant Parks,
From the county of Monroe, John Ketcham.
From the county of Gibson, Samuel Hall.
From the county of Posey, William Casey.
From the county of Sullivan. George Boon.
From the county of Vigo, Thomas H. Blake.
From the counties of Vanderburgh and Warrick t
Robert M. Evans.
From the counties of Perry and Spencer, Richard
Polke.
From the counties of Pike and Dubois, Thomas
C. Stewart.
From the counties of Daviess and Martin, James
G. Read.
From the counties of Green and Owen, Eli Dixon.
From the couniits of Purnam and Clay, John
McNary.
From the counties of Parke and Vermillion, John
Gardner.
From the -counties of Montgomery, Fountain,
Tippecanoe, Warren* Carroll, and all the country
Norih, to the state line, John Beard.*
Prom the counties of Hamilton, Madison, Han-
cock, Henry, and all the country North of said
counties, to the state line, not attached to any oth-
er county or counties, Elisha Long, and William
Conner.
From the counties of Allen and Cass, and all
the country North, to the state line, Anthony L.
Davis.
From the counties of Morgan and Hendricks,
and all the country North of the said last named
county, to the Wabash river, Curtis G. Bussey.
From the counties of Shelby and Johnson, Rezin
Davis.
From the counties of Randolph and Delaware,
Lemuel G. Jackson.
From the county of Bartholomew, and all the
country lying West of the same, and East of Mon-
roe, William Heroa\,
Who produced their credentials, and were sworn
into office by the Hon. Isaac Blackford, one of the
Judges of the Supreme Court of this state.
The house then proceeded to the election of a
Speaker,
On the first ballot, Ross Smiley had 28 votes,
Isaac Howk 28
Scattering 5
On the second ballot Ross Smiley had 29 votes,
Isaac Howk 29
Scattering 1
On the third ballot, Ross Smiley had 30 votes,
Isaac Howk 30
Scattering 1
On the fourth ballot, Ross Smiley had 31 votes,
Isaac Howk 28
Scattering I
Mr. Smiley having received a majority of all the
votes given, was declared duly elected Speaker,
and was conducted to the chair by Messrs. Wal-
lace of F. and Morrison.
The House then proceeded to the election of a
principal Clerk; and upon examining the ballot it
appeared that James F. D. Lanier was unanimous-
ly elected, who was sworn into office, by the Hon.
Isaac Blackford, took his seat at the clerk's table;
and entered on the discharge of his duties.
On motion of Mr. Johnston of Knox,
The House proceeded to the election of an assist-
ant Clerk, and on counting the ballots, it appeared
that
William Sheets received 31 votes,
Austin W. Morris 19
William G. Tevault 7
Scattering 3
Mr. Sheets having received a majority of all the
votes given, was declared duly elected, was" sworn
into office by the Hon. Isaac Blackford, one of the
Supreme Judges of this state, and entered on the
discharge of his duties.
On motion of Mr. Read,
Resolved, That the House do now proceed to the
election of an Enrolling Clerk, who shall not be
sworn into office, until his services are required.
The House then proceeded, in pursuance of said
jresolution, to the election of an enrolling Clerk.
And on counting the first ballot, it appeared that
Harvey Gregg received 19 votes,
Edward A. Hanegan, 16
William Morrison, 12
Henry H. Talbot, 1 L
Scattering 2
On counting the second ballot, it appeared that
Harvey Gregg received 21 votes
Edward A. Hanegan 18
William Morrison 12
Henry H. Talbott 9
On the third ballot
Harvey Gregg had 23 vote*
Edward A. Hanegan 23
m
William Morrison 13
Henry H. Talbott 1
On motion of Mr. Johnston, of Knox,
The House adjourned until half past 1 o'clock
P. M
Half past 1 o'clock, P. M. '
The House met pursuant to adjournment.
The House then resumed the election of an En-
rolling Clerk and on counting the fourth ballot, it
appeared that
Harvey Gregg had 24 votes,
Edward A. Hanegan 33
Mr. Hanegan having received a majority of the
whole number of votes given, was declared duly
elected.
On motion of Mr. Little,
The House went into the election of a Door-
Keeper,
And on counting the third ballot, it appeared
tbat
John C. Parker, received 35 votes
John C. Reed 24
Scattering 1
Mr Parker having received a majority of all the
votes given, was declared duly elected; who was
Sworn into office by the Hon. B. F. Morris President
Judge of the fifth Judicial Circuit of this state, and
entered on the discharge of his duties.
On motion of Mr. Morrison,
Resolved, That the Clerk of this House inform the
Senate, that the House of Representatives have met,
formed a quorum, elected Ross Smiley, Speaker,
J. F. D. Lanier, principal Clerk, William Sheets, As-
sistant Clerk, Edward A. Hanegan, Enrolling
Clerk, and John C. Parker, Door Keeper, and are
now ready to proceed to legislative business.
On motion of Mr. Read,
Resolved, That the rules and joint rules, which
were adopted at the last session of the General As-
[«]
sembly of the state of Indiana, by the House of Re-
presentatives for their government, be and the same
are hereby adapted for the government of the
House of Representatives, during the present ses«
sion; and that the Clerk furnish the public printer
with a copy of said rules and joint rules, with in«
structions to print immediately one hundred copies
thereof for the use of the members of this House.
Resolved, That the Clerk inform the Senate of
the adoption of these joint* rules, and request the a-
doprion of the same on their part.
On motion of {VI. â– . Johnston of Knox,
Resolved, That a committee of one be appointed,
on the part of this House, to act in conjunction with
a similar committee to be appointed on the part of
the Senate, to wait upon the Rev. Edwin Ray, and
request him to open the present session of the Le«
gislature by solemn prayer to Almighty God: And
that said committee immediately report the time
and place.
Ordered, That the senate be informed thereof,
their concurrence requested, and a similar commit*
tee appointed on their part. Whereupon, the Speak*
er appointed Mr. Johnston, of Knox, that committee,
The House then adjourned until to-morrow morn-
ing 9 o'clock.
TUESDAY MORNING, December 8, 1829-
The House met pursuant to adjournment.
A message was received from the Senate, by Mr,
Dill, their Secretary, announcing that the Senate
had adopted the following resolution:
Resolved, That the House of Representatives be
informed that the Senate have met, formed a quo-
rum, and have elected James Dill, Secretary;
Charles H. Test, Assistant Secretary ; James M.
[91
Ray, Enrolling Secretary, and James Ball, Door-
Keeper, and are now ready to proceed to Legisla*
tive business.
The Speaker announced the following as the or-
der of business, to be observed by the House during
the present session; or until changed by the same:
1. Reading the Journals of the preceding day.
2. Petitions, Memorials and Remonstrances.
3. Reports from standing committees in the fol-
lowing order: 1. On Elections. 2. Of Ways and
Means. 3. On the Judiciary. 4. On Education.
5. On Military Affairs. 6. On the State Prison. 7.
On the Affairs of the town of Indianapolis. 8. On
Claims. 9. On Roads. 10. On Canals and Inter-
nal Improvements.
4. Reports from select committees (except the
committee on Enrolled Bills, which may report at
any time.)
5. Resolutions of this House.
6. Joint Resolutions.
7. Bills.
8. Orders of the day.
Robert Johnston, one of the members elect from
the counties of Montgomery, Fountain, Tippecanoe,
Warren, Carroll, and all the country north to the
state line, entered, pr -duced his credentials, was
sworn into office by the Hon. Isaac Blackford, one
of the Judges of the Supreme Court of the state of
Indiana, and took his seat.
Mr. Little, presented a petition of Ezekiel D.
Logan, contesting the election of Charles B. Nay lor,
as one of the members of this House, alleging thai
he is the person who was duly elected.
The above petition having been read, was to-
gether with the accompanying documents, ordered
to be laid on the table.
The Speaker laid before the House a petition of
D S. Bonner, Chairman of the board of Trustees of
Knox county Seminary, praying that compensation
[10]
may be allowed, out of the State Treasury, to Clau-
dius G. Brown, for certain repairs done by said
Brown, to the Knox county Seminary; which with
the document accompanying the same, was read
and referred to a select committee, of Messrs.
Slaughter, Johnston, ol Knox, and Pennington.
On motion of Mr. Wallace of Franklin,
Resolved^ That Douglass Maguire, Editor of the
Indiana Journal, and N. Bolton, Esq. be admitted on
the floor of this House as reporters of the proceed-
ings thereof; and that they have access to the Jour-
nals whenever it may be convenient for the Clerks
to admit such access.
On motion of Mr. Brown,
Resolved^ That a committee of two be appointed
on the part of this House, as a committee of Enrol-
led bills; 10 act with a similar committee to be ap-
pointed on the part of the Senate.
Whereupon,
Messrs. Brown and Morrison, were appointed
said committee.
Order^ That the Clerk inform the Senate thereof.
On motion of Mr. Moyer,
Risolved, That the Secretary of State be direct-
ed to furnish thirty one copies of the Journals of this
House of the last year, for the use of the members.
On motion of Mr. Little,
Retolved, That the Door-Keeper be directed to
procure four writing desks, similar to those now used
in the Hall of the House of Representatives, for
the use of the members of the House.
On motion of Mr. Johnston of Knox,
Resolved, That the Senate be invited to attend
in the Hall of the House of Representatives, instan-
ter, to be present at the opening of the present
session by solemn prayer; and that seats be provi-
ded for them on the right of the Speaker's Chair.
The Senate came down into the Hall of the
House of Representatives, and took their seats on
["]
the right of the Speaker's chair ; the President of the
Senate on the right of the Speaker. When the
committee appointed for that purpose, came in, at-
tended by the Rev. Mr. Ray, who took his seat by
the Speaker. After a short pause he rose and ad-
dressed the Throne of Grace in an appropriate and
impressive manner The Senate then retired to
their chamber.
Mr. Rariden presented the following resolution, viz;
Resolved, That this House will hereafter meet at
9 o'clock in the morning and continue in session un-
til 4 in the evening.
The said resolution, being read,
Mr. Pennington moved to lay the same on the
table.
Which motion was carried in the affirmative.
A message was received from the Senate, by Mr.
Test, their Assistant Secretary, announcing that the
Senate have adopted the following resolution, to wit:
Resolved, That the joint Rules for transacting
business between the two Houses, as adopted by the
House of Representatives, be and the same are
hereby adopted on the part of the Senate, and that
the House be informed thereof.
On motion of Mr. Johnston of Knox,
Resolved, That a committee of two members be
appointed, on the part of this House, to act in con-
junction with a similar committee, to be appointed
on the part of the Senate, to wait upon his excel-
lency, the governor, and inform him, that, the two
Houses have formed quorums, elected their officers,
and are now ready to receive any communication
he may please to make to them ; and to know of him
at what time he will make such communications.
Whereupon,
Messrs. Johnston of Knox, and Blake were ap-
pointed said committee.
Ordered, That the clerk inform the Senate thereof,
and request their concurrence.
112]
Mr. Johnston of Knox, after obtaining leave, pre-
sented a bill respecting free negroes and mulattoes,
servants and slaves; which was read the first time,
and passed to a second reading to-morrow.
On motion of Mr. Levenworth,
Resolved, That the secretary of state be request-
ed to furnish thirty-one copies of the Revised Sta-
tutes of 1824; and the same number of copies of
statutes of 1825-6-7-8 and 9, for the use of this
house.
A message was received from the Senate, by Mr.
Test, their assistant secretary, announcing that the
Senate has adopted the following resolution, viz:
Resolved, That a committee be appointed on the
part of the Senate, to act in conjunction with the
aommittee appointed on the part of the House of
.Representatives, to wait on his excellency* the go-
vernor of the state, and inform him that quorums of
the respective houses of the general assemoly have
met, and are ready to receive any communications,
which his excellency may think proper to make to
them, and know of him at what time and place it
may suit his convenience, to make such communica-
tions, and that the House of Representatives be in-
formed thereof.
Messrs. Depauw and Orr have been appointed
said committee, on the part of the Senate.
Mr. Johnston of Knox, from the joint committee,
appointed to wait on his excellency the governor,
and inform him of the readiness of the two houses
to receive any communications he may have to
make; and know of him the time and place he
will make the same, reported, that they have per-
formed that duty; and received for answer, that be
will, with much pleasure, meet the two houses in
the representative's hall, at 2 o'clock, P.M. this
day, when he will address the general assembly.
Mr. Johnston of Knox, after having obtained
leave, presented a bill "to amend the several acts
r 13 j
vespecting officer's fees;" which was read the first,
time, and passed to a second reading, to-morrow.
The house then adjourned until 2 o'clock, P. M.
2 o'clock, P. M.
The house met pursuant to adjournment.
On motion of Mr. Johnston of Knox,
Resolved, That the Senate be invited to attend
immediately in the hall of the House of Represen-
tatives, to receive the message of his excellency,
the governor; and that seats be provided for them on
the right of the speaker's chair.
Ordered, That the clerk inform the Senate thereof.
The speaker then appointed the following stand-
ing committees, to wit:
1. A committee on elections, Messrs. Hillis, Lev-
iston, Gardner, Herod, Hoover, Polke, and Smith.
2. A committee on ways and means, Messrs.
Read, Brown, Reiley, Evans, Hendricks, Wallace
of Jefferson, and Jack.
3. A committee on the judiciary, Messrs. Rari-
den, Howfc, Johnston of Knox, Hall, Wallace of
Franklin, Kingsbury and Herod.
4. A committee on education, Messrs. Bassett,
Slaughter, Levenworth, Pabody, Dumont, Hall and
Finley.
5. A committee on military affairs, Messrs. Evans,
Ketcham, Wallace of Franklin, Noble, Long,
Smith, Bell, Kinnard, Stewart and Davis of Shelby.
6. A committee on the affairs of the state prison,
Messrs, Howk, Jones, Pollock, Morrison, Fite, Ham-
ilton, Parks and Davis of Shelby.
7. A committee on the affairs of the town of Indi-
anapolis, Messrs. Kinnard, Armstrong, Bence,
Beard, Conner, Hussey and McNary.
8. A committee on claims, Messrs. Boon, Naylor,
Guion, Casev, Jackson of Scott, Jackson of Dela-
ware and Coffin.
9. A committee on roads, Messrs. Pennington,
Little, Wallace of Jefferson, Crume, Moyer, Read
and Dixon.
[14]
10. A comittee on canals and internal improve-
ments, Messrs. Blake, Johnston of Knox, Wallace
of Franklin, Hillis, Bassett, Davis of Allen, Reiley,
Boon and Johnston of Tippecanoe.
The Senate came down from their chamber, and
took their seats on the right of the speaker's chair,
the president of the Senate on the right of the
speaker. His excellency, the governor came in, at-
tended by the joint committee appointed to wait up-
on him ; and in the presence of both houses, in person,
delivered the following Message:
Gentlemen of the Senate,
and House of Representatives :
The occasion on which yo 1 are assembled, as the repre-
sentatives of the people, for solemn and patriotic deliberation,
upon the great concerns of the state, is most auspicious and in-
teresting. Protected and prospered by the goodness of Provi-
dence, which has been eminently displayed during the past
year, our grateful and devout acknowledgements should be of-
fered to the Divine Giver of the manifold favors bestowed upon
us. The many blessings which have been dispensed to the
people of Indiana, in common with those of her sister states,
should inspire us with a solemn sense of the great and joint re-
sponsibility thus enjoined upon us, to improve upon our numer-
ous advantages; while we venerate the Power that bestows
them, as the only condition on which we can hope for a contin-
uance of His smiles and favor. Healthful seasons, abundant
harvests, with peace, general prosperity, and a growing moral-
ity, are the displays of his goodness; which, while they de-
mand our mutual, fervent gratulation, and grateful remem-
brance for the past, serve to brighten our prospects of the fu-
ture, and impose the duties of activity and diligence, as the
surest means of being enabled, under the divine blessing, to
realize its fondest anticipations.
The unabated current of emigration, which still continues to
flow into the state, and to spread itself throughout the limits
of our territory, affords the surest indication of our rapid ap-
proximation to that high rank among the states of the Union,
to which we must be irresistibly conducted, by our own fixed
and commanding condition and advantages. Other and not
less important indications of this approaching result, are wit-
nessed in the abundant productions of a late uncultivated but
fertile soil, recently visited by the plough and the sickle; — in
the improvement of natural facilities of conTeyance, and the
[15]
projection and progress of artificial ones; — and in the increas-
ing wealth, enterprise, intelligence, temperance and morality of
the general and rapidly accumulating mass of our population.
This state has, justly, within the past twoor three years, arrested
more of the attention, and elicited more of the admiration of the
American inhabitants, who have resolved upon a change of dom-
icil, than any in the Union. For months past, we have daily seen
from twenty to fifty wagons, containing families, moving through
this single metropolis; most of whom have fixed their abodes in
the White River country, and in that bordering upon the Wabash.
To suppose, that there were six families, to have daily gone
through this place, on an average, for the whole year, and that
not more than a fifth of the whok which the entire state receives,
take this route — making our daily aggregate increase, thirty
families — would not appear to be extravagant. Add to this,
the supposition, that each family amounts to six in number, and
#ur diurnal increase would be one hundred and eighty; which
multiplied by the days of the year, make altogether, sixty-five
thousand seven hundred souls. To this, too, may be added,
at least five thousand for the natural increase, by births more
than deaths, — giving us at this time, upon this hypothesis,
about seventy thousand additional per annum. This is but
conjecture. But may we not, with mathematical certainty,
take three fourths of this computation for the minimum of our
real increase? Could we but be permitted by any honorable
means, to make the complete increase of another full year a
part of the next federal census, to be taken during the ensuing
season, by a procrastination of the service, until late in the fall,
our complete return would then, likely, be four hundred thou-
sand; which, under an apportionment bill, fixing the ratio at
fifty thousand, would swell our congressional delegation from
three to eight, in ten years time. So great an influx from abroad,
in connexion with the natural increase at home, of human intel-
ligences, so suddenly incorporated into the community, whose
interests the statesman has in charge — many of whom are just
rising to manhood — whilst others are possessed with their ri-
per judgments, formed by their earlier education and first and
most indelible impressions — impose upon those in power, a
trembling responsibility, in the wise application of law to the
varied condition and multifarious circumstances of all, upon
the broad basis of general equality; and reconciling at the
same time, the demands of public policy with individual rights.
The task, so very often exacted from the law-giving authority,
in a new state like ours, with a people of such a variety of un-
"ompromiced opinion?, entertoininsr as manv different views of
I 16 |
social regulation, as there are countries or states from whick
they sprung — to give entire satisfaction to all, is an undertaking,
Under prospects of success, but a little more cheering than
those which have hitherto illumined the path of the bold and
indefatigable projector of perpetual motion. But though such
discouraging obstacles rise up before the Legislator, in the
midst of his noblest exertions for the honor and interest of his
country; it is not his duty, for this cause, to relax his diligence
and efforts, in devoting his days to the public servUe; — still
aiding the great cause of "successful experiment," with all the
available means at his control, mental, physical, or pecuniary,
and leaving the result to the indulgence and charity of his fel-
low-citizens.
MARKRT.
At no former period within the history of the state, have our
yeomanry been more amply rewarded for the various produc-
tions of their soil and labor, than in the year which is just
coming to a close. Like commerce, agriculture has of late ex-
perienced her agreeable fluctuations. The prices which flow-
er, corn, pork, beef, whiskey, and other inferior articles of ex-
port, have commanded for the past season, are encouraging t©
our present respectable class of farmers, and inviting to those
to become proprietors of soil, in this more favored region of
the "great west," who are situated in countries where nature
has been less prodigal of her gifts.
The invasion, by Spain, of her old colonies, now the neigh-
boring republic of Mexico — the civil wars in South America —