commission, aud other allowances, 6294 9&
Will leave for the treasury, $31474 74
Early in March last, the accounts of all. the delinquent collec-
tors, not previously sued, were torwarded to their respective couu-
ties for collection.
But a very small portion of them has as* yet been collected and
paid oyer But from information received from the prosecuting
attorneys, a greater amount will ultimately be secured than could
have been reasonably axpected.
Respectfully submitted,
MORRIS MORRIS, a. p .a.
Which were read, and referred to the commit-
tee of ways and means.
The speaker laid before the house, the following
communication from Homer Johnson and John Mil-
roy, superintendents of that part of the National
road, which passes through this state, together with
the accompanying documents:
Indianapolis, Dec. 14, 1829.
The Honorable, the Speaker of the Hovse of Representatives
of the State of Indiana:
Sir: We have the honor of presenting to you.
and thtough you, to the House of Representatives of
our state, two reports, and a letter, explanatory of
the same, pertaining to the National road.
Having been appointed superintendents or com-
missioners of that part of said road located in Indi-
ana, we feel it to be our duly, at all times, and it is
certainly our wish, to give, not only to the Legisla-
ture, but to every citizen of our state, that informa-
tion, which will enabled him to judge correctly, as
to the manner of expending, and the amount expen-
ded by us, its progress, &c.
P'OJ
Enclosed are the reports and letter, all of which
is respectfully submitted.
We have the honor, &c.
H. JOHNSON ) , t
JNO. M1LROY. { Super 8 - &C
Indianapolis, Dec. 14, 1829.
The Honorable, tht Speaker of the House of Representatives of
the State of Indiana.
Sir.- We have the honor of laying before you, a report of the
contracts for cuttting and grubbing; and of the progress of the
National road in our state.
The amount of contracts for this work, is, as appears by the
reports, herewith furnished, as follows, to wit:
For cutting and removing the timber, $17,292,00
" Grubbing the centre, 30 feet, 16,597.00
Amount, $33,889,00
Add to this our salary for one year, ending
12th April, 1830, 1,600,00
Total amount, 35,489,00
This sum, taken from the present appropriation,
will leave remaining unexpeoded, $14,51 1 for fur-
ther operations on the road. Although this calcu-
lation may not prove to beprecisely the amount, it
certainly will be nearly so.
The work has progressed beyond our most san-
gunine expectations; about two thirds of the cut-
ting, and perhaps one eighth of the grubbing is done,
and but for the unfavorable season, for the last six
weeks past, we are confident, that three fourths of
the whole work under contract would have been
done; and had the weather continued favorable, by
the first day of January next ensuing, the whole, or
nearly so, of all the contracts would have been fin-
ished. In letting out the contracts for cutting and
removing the timber from ofT the road, we spared,
on our part, neither trouble nor expense, keeping
only the good of the general government, and thai
of our own state, constantly in view.
[Ill]
In order to excite competition, and do the most
and best with the appropriation, we divided the dis-
tance through the state, into five sections or dis-
trict.-, to wit: Centreville, West- Liberty, Indianapo-
lis, Stiles' and Terre Haute; and advertised for
proposals for contracts, at those places; giving am-
ple time between each. After having entered into
contracts to cut and remove the timber, the whole
distance through the state, with the exception of a
few unrelinquished miles, we received from the war
department, instructions, authorising us to grub the
centre, 30 feet, instead of cutting it; provided the
present appropriation would be sufficient to grub the
whole distance. On the reception of this letter, we
made an estimate, and informed the secretary of
war, that $35,000 would cut and remove the timber,
and grub the centre, 30 feet, the whole distance
through the state. The correctness of this estimate,
will be seen on examination of our reports.
The grubbing has been let out to the former un-
dertakers, on private contracts, and on good terms.
We think we may safely calculate, that the present
contracts will be finished by August next. After
the present contracts are completed, the road will
be prepared for bridging and grading; but the sum
remaining of the present appropriation, will be too
small to commence this work. We have made some
calculations as to bridging and grading; and fire of
opinion, that unless another appropriation is had,
we can only dig down some of the worst banks, and
improve some of the worst places, leaving the road
still almost impassable and useless. We hope your
honorable body will memorialize congress, to grant
an appropriation of 50,000, and likewise instruct
the Senators, and request the Representatives, from
this state, to use their exertions, to obtain this
amount, which, in addition to that now remaining,
will enable us to do much next summer. We would
suggest, that the road, in the situation in which the
J 112]
•grubbing leaves it, will be utterly impassable, were
it owing to nothing else but the deep holes made in
digging up the trees and stumps in the centre; but
in addition to this difficulty, there are many very
deep and long ravines, many steep banks at streams
and other places, that must be dug down; many
streams that should be bridged; and many low and
swampy places, that must be raised and ditched, be-
fore it can be made a tolerably good or even a passable-
road.
The governor, in his message, has recommended
the passage of a law, which will enable us to open
the road over the lands of some who have not relin-
quished, and others who willnot relinquish, the right
to the United States, to make the road over their
land. Although we report but four miles unrelin-
quished, yet there are several under contract, that
were let out under assurances of relinquishments be-
ing obtained; but the owners of the land have re-
fused to relinquish, and the contractors have been
compelled to stop their work. We are now anx-
iously waiting for the passage of this law, that we
mav immediately put all the road under contract.
Finally our duties are arduous, attended by dan-
ger and expense; but we shall never shrink from
them, but use our hest exertions in the saving of the
money, and expediting the work.
We have the honor to be,&c.
H. JOHNSON, > G , ,
JNO. MILROY, J Su ?ers, &g,
REPORT OF SUPERINTENDENTS
Of the Cumberland Road, as to appropriation, amount expended, 6$c._
Amount of appropriation $50,000 00
Amount for cutting and removing tim-
ber whole distance through the state, 17,792 00
Amount for grubbing the centre, thir-
ty feet, whole distance through the state, 16,097 00
[113J
Superintendents' salary one year, en-
ding on the I2th day of April, 1830, 1,600 00
Total amount of appropriation now
under contract, &c, 35,489 00
Amount of appropriation, yet remain-
ing unexpended, U,5\l 00
HOMER JOHNSON,) c ,
JOHN MILROY, I Su P er s . &c.
Indianapolis, Dec. 14, 1829.
REPORT OF THE SUPERINTENDENTS
Ofthe Cumberland Road, in the state of Indiana, as to cutting and
removing the timber, and grubbing the centre, thirty feet.
Number of sections or miles
in the state of Indiana, 148 3-4
Number of sections under
contract for cutting and remo-
ving the timber, J41 3.4
Amount of contracts for cut-
ting and removing the timber, $17,292 00
Number of sections under
contract for grubbing the cen-
tre, thirty feet, 141 3.4
Amount of contracts for grab-
bing the centre thirty feet, 15,697 00
Total amount of contracts
for cutting and removing the
timber and grubbing the cen-
tre thirty feet, S2j889 00
JNumberof sections not yet
relinquished for the road, to the
United States, 4
Supposed amount for the un-
relinquished sections, for cut-
ting and removing the timber, 500 GQ
Number of sections nor yet
15
(114]
tinder contract for grubbing the
centre, thirty feet, 4
Supposed amount for grub-
bing the centre, thirty feet, of
the unrelinquished sections, 500 00
Total amount for cutting and
removing the timber rand grub-
bing the centre thirty feet, the
whole distance through the
State, 33,889 00
Note. Two miles in Fort Harrison Prairie, and
one mile through the town of Indianapolis, not in-
cluded in this report.
HOMER JOHNSON, ) « ,. .
JOHN MILROY. \ *â– "?***
Indianapolis, Dec. 14, 1629,
Which were read and referred to the same select
committee to whom was referred that part of the
Governor's message which relates to the same sub-
ject.
The Speaker also laid before the house, the fol*
lowing communication from the governor, with the
accompanying document:
Executive Department, Ind.
Indianapolis, Dec. 12th, 1829.
Ross Smiley, Speaker of the House of Representatives.
Sir: I lay before you a rpport and resolutions
of the General Assembly of Kentucky, on the sub-
ject of a Hospital in said state, for the use of the
house of representatives.
Respectfully Yr. oht. servt.
J. BROWN RAY.
Which were read and referred to the committe*
of way6 and means.
(115]
The Speaker a!so laid before the house, the fol*
lowing comunicanon ffoin the governor, with the ac*
companyiug documents;
Executive Department, Ind.
Indianapolis, Dec. 14th, 1829.
Ross Stniley, Speaker of the House of Representatives,
Sir: I lay before you for the use of the house of
representatives, documents marked A, B, &C, the
same being reports and resolutions of the states of
Virginia, South Carolina and Georgia, on the sub-
ject of the tariff of 1828, internal improvements by
the general government, American Colonization so-
ciety, &c. &c.
I am yr obt. servt.
J. BROWN RAt
Which were read, and
Ordered, to lie on the table.
The Speaker also laid before the house the fol-
lowing communication from the governor, with tht
accompanying document:
EXECUTIVE DEPARTMENT, IndJ
Indianapo.is, Dec. 15th, 1829. \
Ross Smiley, Speaker of the House of Representatives t
Sir; The resolution of the house of Represen*
tatives, of yesterday, requesting me to give in forma-
tion, whether any report of the engineer appointed
in pursuance of an act of Congress to examine the
obstructions in the Wabash river, has been made
bv the engineer, or furnished by the Secretary of
War, and if so, to transmit the same, and to com-
municate to the house any infor nation, Aic. being
before me; permit me to replv, that neither has been
done, aud to further state, that the enclosed Utter
[116 J
from the engineer, is the last and the only informa-
tion in my possession, on the subject.
Respectfully yr, obt. eervt.
J. BROWN RAT.
Which were read and referred to the committee
on canals and internal improvements.
And then the House adjourned until 2 o'clock,
P. M.
2 o'clock, P. M.
The house met pursuant to adjournment.
On motion of Mr. Evans,
Messrs. Gardner and Jackson of Delaware were,
added to the judiciary committee during the inves-
tigation of the subject of new judicial circuits.
The speaker laid before the house the following
report of David Burr, Samuel Hanna and Jordan Vi-
gus, canal commissioners, together, with a memoir of
Howard Stansbury, United States civil engineer, and
alsothe accounts and vouchers of said commissioners
of the money by them expended.
{See appendix A, at the end of the volume?)
Which were read, and the report and memoir re-
ferred to ihe committee on canals and internal im-
provements, and the account and vouchers to the
committee on claims.
On motion of Mr. Wallace of F,
Ordered, That thirteen hundred copies of the
foregoing report, memoir, and account current, be
printed for the use of the members of this house.
A message was received from the Senate by Mr.
Test their assistant secretary, announcing,
That the Senate has passed an enerossed bill
entitled "an act to, extend a certain act therein na-
med, to the county of Warren."
[1171
In which they desire the concurrence of the house
of representatives.
The bill mentioned in the above message was
read the first time and passed to a second reading
to-morrow.
The house then proceeded to consider the orders
of the day.
The joint resolution relative to the Western mail
route from Louisville Kentucky to St. Louis in Mis-
souri, was reud the second lime and ordered to be
engrossed for a third reading to-morrow.
The pint resolution on the subject of colonizing
the free people o( colour was read the second time,
and
On motion of Mr. Bassett,
1 he same was ordered to lie on the tab'e.
The bill to establish a state road from the Jeffer-
sonsville state road [on the west side of S ver
creekj to the lower falls of Driftwood fork of White
river, was read the second time, and
On motion of Mr. Howk,
The same was referred to a select committee.
Ordered, That Messrs. Howk, Hamilton and Jack-
son of Scott, be said committee.
The engrossed bill entitled, "an act concerning
the Farmers 1 and Mechanics' bank of Indiana," was
read the second time, and committed to a commit-
tee of the whole house and made the order of the
day for to-morrow.
The bill amendatory of the several acts regula-
ting the jurisdiction and duties of justices of the
p a e, was read the second time, committed »o
a eomittee of the whole house, and made the order
of the day for Thursday next.
The bill to amend the act, entitled "an act to pro-
vide for the incorporation of the county seminarv in
the county of Clark, approved January- 26th, 1827/'
was read the second time, and
[ 118 J
Ordered^ to be engrossed for a third reading to*
morrow.
The bill to establish a state road from Martins-
ville by way of Lyon's mill and Mooresville, leading
north to the Michigan road, was read the second
time; and
Oi» motion of Mr. Kinnard,
The same was ordered to lie on the table.
The bill laying a tax upon sales at auction was
read the second time, and committed to a commit-
tee of the whole house, and made the order of th«
dav for Monday npxt.
The bill to establish a state road from Indianapo-
lis to some convenient point on the Ohio river, com-
monly called the Michigan road, was read the sec-
ond time, and committed to a committee of the
whole house, and made the order of the day for to-
morrow.
The house resolved itself into committee of the
whole on the bill in aid of the act to organize probate
courts, and to define the powers and duties of exec-
utors and administrators, approved January 23d,
1829; and after some time spent therein, the spea-
ker resumed the chair, and Mr. Blake reported said
bill with two amendments, which were read at the
clerk's table and concurred in by the house.
Mr. Wallace of Fr inklin, moved to amend said
bill by striking it out from the enacting clause, and
inserting in lieu thereof, the tollowing, viz. "that
the act organizing probate courts, and defining the
powers and duties of executors and administrators,
approved, January 23d, 1829, be, and the same is
hereby repealed; and that the act providing for the
settlement of decedent estates, and for other pur-
poses, passed January 26 f h, 1824, and all acts
amendatory thereto, passed in 1825, 6, 7, At 8; be
and the same are hereby revived.
1119 1
Mr. Little moved to recommit said bill to the com*
mitiee oo the judiciary, when Mr. Kinnard moved to
lay said bill and proposed amendment on the table;
which ni"tion was carried in the affirmative.
And then the house adjourned until to-morrow
morning, 9 o'clock.
WEDNESDAY MORNING, December 16, 1829.
The house met pursuant to adjournment.
Mr. Jackson of Scott, presented two petitions of
sundry citizens of Scott county, praying that meas-
ures may be taken to investigate certain alleged
abuses in the trustees and teachers of the state col-
lege at Bloomington; which were read and referred
to the committee on education.
Mr. Kinnard presented a remonstrance of Ede
Harding and others, of Marion county, agaiust the
relocation of the Michigan road, from Logansport to
Indianapolis; which was read and referred to the
sam* 1 select committee to which was referred a res-
olution of this house, on that subject.
Mr. Conner presented a petition of Campbell Dale,
praying an alteration in that pan of the state road,
leading from Indianapolis to the state line in a di-
rection towards Greenville, in the State of Ohio,
which passes through a certain tract of land named
in said petition; which was read and referred to
the committee on roads.
Mr. Rariden, from the committee on the judiciary
to which was referred so much of the governor'^
message as relates to the sale of real estate upon
execution, reported that they have had the same
under consideration, and are of opinion that the pas-
sage of any law abridging the legal remedies now
in force for the collection of debts due one citizen,
by another, would be unjust and impolitic; and that
to distinguish between the remedies we afford the
citizens of our own state and those of our sister
states, if it would not be a violation of good faith
towards our sister stares; it would at least shew a
s ivrnj iilitv in little matters, unworthy of the charac-
terqf Indiana, as they are not aware that any such
dss motion is known to the laws of any sister state;
wbieh was read, and
On motion of Mr. Kionard,
Ordered, to lie on the table.
Mr. Johnston of K, from the comm'ttee on the
judiciary, to whom was referred the petition of
R/editeii Gh*hne,for an exemptiou from taxation as
a pedfer, reported —
Thai however much your committee, as individu-
als, commissera'e the unfortunate situation of the
petitioner, y p t 'hey corsider the example thus set,
bv exempting an individual from the operations of
a general law, would be highly dangerous to correct
legislation: and that theretore the prayer of the
petitioner ought not to be granted.
Which was read and concurred in by the house.
Mr. Hall, from the committee on the judiciary,
to which was referred a resolution of his house
oa 'he subject of requiring the judges of the su-
preme court to give their opinion in writing on eve-
rv error before them, reported a bill to amend "An
act organizing the supreme court, and defining its
powers and duties:"
Which was read the first time, and passed to a
second reading to-morrow.
Mr, Johnston of K. from the committee on the
judiciary, to whom was referred the resolution in-
structing them to enquire into the propriety of al-
lowing county commissioners, or boards doing coun-
ty business, power to vacate streets and alleys, or
such parts of the same as they may consider use-
less, where such vacation will noi effect the rights
of individuals, reported — that they have had the
[121]
aame under consideration; and conceive the au-
thority proposed to be conferred upon the boards of
justices or county commissioners, would materially
interfere with piivate and vested rights; and they
cannot suppose any case of the vacation of streets
or alleys in a town, where the rights of individuals
will not be affected: Wherefore, your committee
believe, that conferring such authority would be
improper and inexpedient.
Which report was read and concurred in by the,
house.
Mr. Kingsbury, from the committee on the judi-
ciary, to whom was referred a resolution instruct-
ing them to enquire into the expediency of provi-
ding by law, that a party on applying and moving
for a continuance, on account of the absence ol a
witness, whom he supposes to be material in his
cause, shall fi.e an affidavit in writing, under his
hand, naming the supposed absent witness, men-
tioning the cause wherefore he has not provided him
or his deposition, and inserting the facts lie expects
the witness will testify, and the grounds of such
expectation, reported — that they have had the
same under their consideration, and have come to
the conclusion that it is unnecessary to legislate on
that subject.
Which report was read, and concurred in by the
house.
Mr. Kingsbury, from the judiciary committee, to
whom was referred a resolution respecting a uni-
form mode of doing county business throughout
the state, reported — that they have had the same
under consideration, and are of opinion that al-
though it is desirable that the mode of doing coun-
ty business should be uniform throughout the stnte y
yet, as each mode has its friends, and that no great
inconvenience results from the present systems, the
committee at this time, deem it inexpedient to le-
gislate on the subject.
16
[122]
Which report was read and concurred in by the
house.
Mr Wallace, of Franklin, from the committee
on the judiciary, to which was referred the petition
of Lamford White and others, reported — that they
deem it inexpedient and improper to legislate upon
the subject:
Which was read; and,
On motion of Mr. Pennington,
Ordered to lie on the table.
Mr. Herod, from the committee on the judiciary,
to which was referred a resolution of this house on
the subject of amending the law organizing boards
of county justices so as to all w to each of said
justices a sum, per diem, not exceeding two dollars,
during the time they are engaged at each term, not
exceeding three days, reported — that it is inexpe-
dient to legislate upon the subject at this time:
Which was read and concurred in by the house.
Mr. Johnston, of K. from the committee on the
judiciary, to which was re erred so much of the
governor's address as respects jurisdiction, report-
ed a bill "regulating and explaining jurisdiction:"
Which was read the first time, and passed to a
second reading to-morrow.
Mr. Johnston, of K. from the same committee, to
which was referred so much of the governor's mes-
sage as respects special courts, reported — that al-
though some inconvenience in a few cases may
probably result by delay, under the present system
of jurisprudence; yet, > our committee believe, that
much evil might result from adopting the change re-
commended by the governor; especially at this
time: therefore, the measure is deemed by them in-
expedient: which was read; and,
On motion of Mr. Dumont,
Ordered to lie on the table.
Mr. Hall, from the judiciarv committee, to which
was referred so much of the governor's message as
[ 1-23 ]
respects gambling, reported — that they have had,
the same under consideration, and are of opinion,
that further legislation on that subject is inexpedi-
ent; the laws now in force, in the opinion of your
committee, being amply sufficient.
Which report was read, and concurred in-by the
house.
Mr. Pennington, from the committee on roads, to
which was referred a resolution of this house, on
the s-d'ject »f the Michigan road, reported — that
the same subject has been taken from said commit-
tee by the introduction of a bill, now before the
house: therefore they pray to be discharged from
any further consideration of the matter.
Which report was read and concurred in by the
house; and the said committee discharged from the
further consideration thereof.
Mr. Pennington, from the same committee, to
which was referred a resolution of this house, on the
subject of the national road, reported — that the
same subject had been referred to a select commit-
tee: they therefore pray to be discharged from the
further consideration thereof.
Which report was read and concurred in by the
house: and said committee was discharged from
the further consideration thereof.
Mr. Pennington, from the same committee, to
which was referred a bill to relocate part of the
State road from Vincennes to Spencer, reported the
same without amendment.
The said bill was then ordered to be engrossed,
and read a third time to-morrow.
Mr. Blake, from the committee on canals and in-
ternal improvements, to whom was referred the
report of Jeremiah Sullivan, and the compact made
by him with the commissioner appointed on the part
of the state of Ohio, in relation to the Wabash and
JVTami canal, made a report, accompanied by a
joint resolution ratifying the compact between the
[124]
atates of Ohio and Indiana, in pursuance of an act
of Congress of the 24th of May, 1828:
Which was read the first and second times, the
rules of the house having first been dispensed with,
and laid on the table.
On motion of Mr. Wallace, of F.
Ordered, That thirteen hundred copies of said