report and joint resolution be printed for the use of
the members of this house.
Mr. Bassett, from the select committee, to which
was referred the petition of Pinkney James and oth-
ers, reported a bill to incorporate the Rising Sun
Seminary Society:
Which was read the first time, and passed to a
second reading to-morrow.
Mr. Johnston, of Knox, from the select committee,
to which was referred that part of the governor's
message respecting the presidential election; and
also two joint resolutions on the same subject, re-
ported a joint resolution respecting an amendment
to the constitution of the Uniied States:
Which was read the first time, and passed to a
second reading to-morrow.
Mr. Hall, from the select committee, to which
was referred a resolution of this house on that sub-
ject, reported a bill establishing a state road there-
in named, and for other purposes:
W T hich was read the first time and passed to a se-
cond reading to-morrow.
Mr. Logan, from the select committee, to which
Was referred the petition of Elisha Denny and oth-
ers, reported a bill to amend the act entitled "an
act authorising the lease of Royce's and Rork Lick
reserves, in the county of Washington," approved
Jannarv 27,1828:
Which was read the first time, and passed to a
second reading to-morrow.
Mr. Stewart, from the select committee to which
was referred the petition of John Mclntire and oth
U25 1
ers, reported a bill legalizing the proceedings of the
board of justices of Pike county:
Which was read the first time, and passed to a
second reading to-morrow.
Mr. Long, from the select committee to which
was referred the petition of John Elliott and others,
reported a bill concerning claims in the county qf
Henry:
Which was read the first time, and passed to a
second reading to-morrow.
On motion of Mr. Blake,
Resolved, That the committee to which was re-
ferred the report of the superintendents on the
Cumberland road, be further instructed to report a
memorial to congress, for an additional appropria-
tion of money to construct bridges on the same,
that it may be made passable throughout.
On motion of Mr. Herod,
Resolved, That the committee, to which was re-
ferred so much of the governor's message as recom-
mends a memorial to the general "overiumnt, ask-
ing an appropriation of a p<.mon of the public
lands to improve the navigation of the two White
rivers, and the Wabash, be r< q ieste*! to inquire in-
to the expediency of soliciting empress to grant to
the state of Indiana, a section of bind, lying in said
state, for each mile of the length of the Wabash,
from the mouth of the Tippecanoe river downwards
to its mouth; and also a section of land for each
mile of each of the White rivers, from the highest
point at which they are declared navigable, below
to their junction; and from thence to the Wabash;
to be applied to the improvement of the navigation
of said rivers; and selected by the state in the
land districts in which said rivers are, out of any
of the public lands remaining unsold.
On motion of Mr. Kinnard,
Resolved, That a committee be appointed to en-
quire into the expediency of memorializing the con-
[ >26 ]
gress of the United States, in favor of an appro-
priation for extinguishing the Indian title to lands
within this state, and for removing the Indians with-
in our limits, beyond the Mississippi.
Ordered* That Messrs. Kinnard, Howk, Rariden,
Boon, Hall, Moyer, Parks, and Davis of A., be
said committee.
Mr. Morrison moved the following resolution:
Resolved* That the senate be requested to
meet this house in their hall, on this day at two
o'clock, P. M. for the purpose of electing three
commissioners of the Wabash and Miami canal,
pursuant to the act on that subject, approved Janu-
ary 5th, 1828:
Which was read; and
Ordered to lie on the table.
On motion of Mr. Read,
Resolved* That the judiciary committee be in-
structed to enquire into the expediency of establish-
ing by law a form of a deed, to be given by collect-
ors to purchasers of lands for taxes.
On motion of Mr. Finley,
Resolved* That the committee of ways and means
be directed to enquire into the expediency of allow-
ing by law, further time for the redemption for lands
hereafter to be sold for taxes.
On motion of Mr. Pollock,
Resolved* That the committee to whom was re-
ferred that part of the governor's message, which re-
lates to asylums for the poor, be instructed to en-
quire into the expedienc) of laying off the state into
three, four, or more divisions, and to have erected
in each, stiitable houses, on lots of laud, for their
support and convenience.
On motion of Mr. Pennington,
Resolved* That the committee on the judiciary
be instructed to enquire into, and report upon the
expediency of so amending the practice act. as to
make the return davs. of process and executions on
the first day ol each term.
[ 127 )
On motion of Mr. Levenworth,
Resolved, That the committee of ways and means
be instructed to enquire into the expediency of es-
tablishing one or more hospitals at some convenient
point or points in this state, on the Ohio river, for
the reception of sick water-men.
On motion of Mr. Little,
Resolved^ That the committee on the judiciary,
be instructed to enquire into the expediency of fixing
on some day certain, that all laws and joint resolu-
tions shall take effect, except, in case of emergency.
Mr. Leviston moved the following resolution, viz:
Resolved^ That the judiciary committee be request-
ed to enquire into the expediency of providing by la w,
that the several boards doing county business with-
in this state, shall be required to furnish the several
justices of the peace in their respective counties,
with suitable docket books, at the expense of the
proper county.
The said resolution being read, and the question
being put, shall the same be adopted? It was de-
cided in the negative.
On motion of Mr. Rariden,
Resolved^ That the agent of state, for the town
of Indianapolis, be requested to report to this house
the amount of money collected by the agency, for
trespasses on the donation, belonging to the state;
the amount of rents of unsold lots and land ren-
ted by said agency, of whom the same was receiv-
ed, and at what time, since the beginning of the year
1824.
On motion of Mr. Reiley,
Resolved) That the committee on canals and in=
ternal improvements, be discharged from the further
consideration of all matter relative to the obstruc-
tions in the navigation of the Wabash river, and
that the same be referred to a select committee,
with leave to report by bill, memorial or otherwise.
Ordered) That Messrs. Reile> , Johnston ofKnox,
Jjiall, Boon and Casey, be that committee,
I 128]
On motion of Mr. Hendricks,
Resolved, That the committee on military affairs
be insrructed to enquire into the expediency or so
amending the militia law, as to require comman-
dants of companies, to cause written notices to be
given to the several militia men within the bounds
of their companies, of the times and places where
military service is required.
On motion of Mr. Parks,
Resolved, That the committee on canals and in-
ternal improvements, be requested to enquire into
the expediency of employing some suitable person
to examine and report to the next general assembly
the expediency, practicability and probable ex-
pense of removing the obstructions to the naviga-
tion "f 'be east fork of White river, at the places
Commonly known by the name of Doherty's shoals,
and Hindostan.
On motion of Mr. Herod, the resolution presented
bv him on yesterdav, was taken up, which resolu-
tion reads as follows:
Resolved, That the committee of wavs and means
be instructed to enquire into the expediency of re-
ducing the poll tax. for state purposes, thirty-three
and one third per centum.
And the question rerurring on the motion of Mr.
Noble, to amend said resolution, by striking out the
word '"reducing" and inserting in lien thereof, the
word "increasing" and a division of the question
being called for bv Mr. E^ans, the question .vas ta-
ken on striking out the word "reducing ;" which was
decided in the negative.
The question being then put, shall said resolution
be adopted.
And the ayes and noes being required thereon, by
two members,
Those who voted in the affirmative, are*
Messrs. Beard, Bp'!. Bpnre, Rl^kp R»nn, Bm«n, Ca^v. Dix-
on, Dutnont. Evans, Gardner, Guion, Hamilton, Hendricks, Herod,
[ 12$ j
Hirfis, Ha9sey Jack, Jackson of D. Johnston of K. Johnston of T.
Kinnard, Levenworth, Long-, McNary, Pollock, Read, Reiley,
Smith aud Smiley, Speaker. — 30.
And those who voted in the negative, are,
Messrs. Armstrong-, Basseti. Coffin, C inner, Crume, Davis,
of A. Dms, of S, Fmlev, Fite, Hall, Hoover, Jackson, of S.,
Jorith, Ketcham, Kingsbury, Lsviston, Little, Log^n, Morrison,
Moyer, Noble. PaOody, Park;*, Pennington, Polke, Slaughter
Stewart, Wallace, of F and Wallace, of J— 29
An so said resolution was adopted.
On motion ot Mr. Levenworth,
Mr. Beard was added to the select committee to
which was referred a resolution of this house on the
subject of relocating the Michigan road, from Lo-
gansport to Indianapolis.
And then the house adjourned until 2 o'clock,
P. M.
2 o'clock, P. M.
The house met pursuant to adjournment.
Mr. Beard, after having obtained leave, present-
ed a bill to incorporate the Crawfordsville semina-
ry; which was read the first time, and passed to a
second reading to-morrow.
Mr. F;te, after having obtained leave, presented
a bill supplemental to an act, to prevent trespass-
ing by cutting of timber, approved January 21st,
1818: which was read the first time and passed to a
second reading to-morrow.
Mr Davis of Shelby, after having obtained leave,
presented a bill to repeal an act, entitled "an act
to incorporate the townships in Shelby county;
which was read the first time, and passed to a se-
cond reading to-morrow.
The speaker laid before the house, the following:
communication, from the governor;
Vt
JM301
Executive Department, Ind.>
Indianapolis, Dec. 16th, 1829. J
ftoss Smiley, Speaker of the House of Representatives?
Sir: 1 lay before you, for the use of the house of
representatives, some resolutions of the state of Mis-
souri, on the subject of the presidential election;
and also a report and resolutions of ihe same state,
on the subjeQt of the American Colonization Socie-
ty, denvmg the power of the general government to
appropriate monies for its use.
Your obt. servt.
J. B. RAY.
Which communication, together with the accom-
panying documents, was read, and
Ou motion of Mr. Bassett,
The same was ordered to lie on the table.
The house then, proceeded to consider the orders
of the day.
The bill supplemental to the act, entitled "an act
to establish a road from Levenworth, by way of
Bono, to Indianapolis, was read the second time
and ordered to be engrossed and read a third time,
to-morrow.
The engrossed bill to extend a certain act there-
in named, to the county of Warren, was read the
second time, and committed to a committee of the
whole house, and made the order of the day for to-
morrow.
The engrossed bill, from the senate, entitled, an
act, legalizing the proceedings relating to a change
in the state road leading from Ovvensville in Gib-
son count v, to Cynthiana, in Posey county, was read
the second time, and passed to a third reading to-
morrow.
The engrossed joint resolution, relative to the
western mail route, from Louisville, Ky. to St. Loa-
fs, in Missouri, was read the third time and passed.
I '=» J
Ordered, That the clerk inform the senate thereof
and ask their concurrence.
The engrossed bill to amend the act entitled "an
act to provide for the incorporation of a county
seminary in the county of Clark, approved January
26fh, 1827," was read the third time and passed.
Ordered, That the same be entitled an act, and
that the clerk carry the same to the senate, and
ask their concurrence.
The house resolved itself into a committee of the
whole,on the bill, for the relief of Claudius G. Brown,
and after some time spent therein, the speaker re-
sumed the chair, and Mr. Hillis reported said bill
with one amendment; which was read at the clerk's
table, and concurred in, by the house.
- On motion of Mr. Evans,
The said bill was ordered to lie on the table.
A message was received from the senate by Mr
Test, their assistant secretary, announcing:
That the senate have passed engrossed bills, en*
titled as follows, viz:
An act relative to the official bonds of certain of-
ficers therein named.
An act amendatory of an act, authorizing the
leasing of Royce's Lick and Rock Lick reserves, in
the county of Washington, approved, January
7th, 1829.
An act to relocate a part of the state road, lead-
ing from the Ohio line, by Abington, and Waterloo,
to Connersville.
The senate has also passed an engrossed memo*
rial, of the general assembly of the stateof Indiana,
to the Congress of the United States, on the subject
of removing the obstructions to the navigation of
the Wabash, and White river, with its branches,
and of improving the great western mail route from
Louisville, Ky. through New Albany, Paoli, Mount
Pleasant, and Washington, to Vincennes. In which
1.132]
acts and memorial the senate request the concur-
rence ot trie house of representatives.
The said engrossed bills and memorial mentioned
Jn said message were severally read the first time,
xmd passed to a second reading to-morrow.
The house resolved itself into a committee of the
whole, on the bill for the relief of Zachariah Skel-
ton, and after some time spent therein, the speaker
resumed the chair, and Mr. Pennington reported the
Same, with one amendment, which was by striking
it out from the enacting clause,; which, said amend-
ment, was concurred in by the house, and
On motion of Mr. Evans,
The said bill was ordered to lie on the table.
And then the house adjourned until to morrow
morning 9 o'clock.
THURSDAY MORNING, December 17, 182&
The House met pursuant to adjournment.
Mr. Hendricks presented a petition of Jonathan
Richason and others, citizens of Franklin and De-
catur counties, praying the location of a state road,
commencing at George Cline's, on the Brookville
state road, in the county of Franklin, and running
so as to intersect the state road from Indianapolis
to Lawrenctburgh, on the west side of Flat Rock:
Which was read, and referred to the same select
committee, to which was referred another petition
on the same subject.
Mr. Kinnard presented a petition of Samuel
McCormack and others, of Marion countv, praying
that a part of the three per cent, fund may be ap-
propriated to the construction of a bridgp across
Fall Creek, on the road from Indianapolis to Craw-
fordsville and Lafayette:
Which was read, and referred to a select commit-
i;i3sj
tee of Messrs. Kinnard, Crume, Beard, Johnston of
T. and Hussey.
Mr. Read, from the committee of ways and
means, to which was referred the communication
on the subject of the Cumberland hospital at Smith-
land, in the state of Kentucky, reported a joint res-
olution relative to the Cumberland hospital:
Which was read the first time, and passed to a
second reading to morrow.
Mr. Read, from the same committee, to which
was referred so much of the governor's address as
respects agriculture, mechanics and arts, reported,
that they have had the same under consideration^
and are of opinion that legislation on those sub-
jects is, at this time, unnecessary:
Which report was read, and concurred in by the
house.
Mr. Read, from the same committee, to which
was referred a resolution of this house, on the sub-
ject of so amending the law regulating public ferries
as to compel ferry keepers to cross all persons lia-
ble to do military duty in going to, and returning
from musters, Iree of charge; and to allow said
ferry-men compensation therefor out of the fund
arising from fines against delinquents, reported,
that they deem it inexpeoient to legislate, at this
time, on that snbj, ct:
Which report was read, and concurred in by the
house.
Mr. Boon, from the committee on claims, to which
was referred the petition of James Devin, collector
of the state and county revenue for the county of
Gibson, for the year 1828, praving that an allow-
ance be made to him of $12.36 lor ten thousand
and sixty acres of second rate land, with which he
was improperly charged, and paid into the state
treasury, reported, that they have had the same
under consideration, and are of opinion the above
t «34 |
amount should be allowed; and therefore, recorn^
mend the adoption of the following resolution, viz:
Resolved, That the committee of ways and meang
be and they are hereby instructed to allow 10 James
Devin, twelve dollars and thirty-six cents, as set
forth in the above report, in the specific appropria-
tion bill.
And the committee further report, that they have
had the petition of Heli Kendall under their consid-
eration, and deem it inexpedient to grant the prayer
of the petitioner at this time:
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 in-
structing said committee to enquire into the expe-
diency of appropriating five hundred dol'ars on
that part of the Brookville state road that lies
west of Rushville, to the town of Indianapolis, to
be paid out of the three per cent, fund, reported
that a majority of said committee are of the opin-
ion that it is not advisable to legislate on that sub-
ject, at this time.
Which report being read, the same was,
On motion of Mr. Noble,
Ordered to lie on the table.
Mr. Stewart, from the select committee to which
was referred the petition of Martha McBride, pray-
ing to be divorced from her husband, Daniel Mc-
Bride, reported a bill for the relief of the said
Martha McBride:
Which was read the first time; when,
Mr. Ketcham moved to reject said bill;
And the ayes and noes being required by two
members,
Those who voted in the affirmative, are,
Mpssrs. Baseett, Beard, Boon, Conner, Damont. Finley, Fit*,
Hamilton, rT-ovpr. Hnwk, Johnston of K. , Joho9t«n of T., Jone8>
Ketcham, Kinnard, Levietoo, Long, Moyer, Noble, Pabody,
f. 135 1
farks, Polke, Pollock. Kariden, Reiley, Smith, Wallace of 1'.,
a.- Srodey, Speaker— 28.
jind those who voted in the negative, are,
Messrs. Armstrong, Bell, Bence, Blake, BrowD, Casey, Coffin*
Crunne, Davis of A., Davis of S., Dixon, Evao9, Gardner, Guion„
Hall, Hendricks, Herod, Hillis, Hussey, Jack, Jackson of D. f
Jackson of S., Kingsbury, Levenworth, Little, Logan, McNary,
Morrison, Pennington, Read, Slaughter, Stewart, and Wallace
of J.— 33.
And so said motion was decided in the negative.
The said bill was then
Ordered to a second reading to-morrow.
Oj motion of Mr. Beard,
The following preamble and resolution were
adopted, viz:
Whereas, an appropriation of the three pe*
cent fund, to the amount of one hundred thousand
dollars, has been made and expended principally
within the older counties of this state: And where-
as, the beneficial effects of such expenditure fur-
nish an argument in favor of appropriating the re-
maining, and comparatively small balance of thai
fund now on hand, and including that of the ensu-
ing year, upon roads leading through the new coun«
ties. Inadequate as would be such portion of this
fund to meet the numerous wants of the new coun-
ties; yet the proposed expenditure of it, would be
the means of extending and uniting our new settle-
ments, and of increasing the population of the state.
This policy seems to be strengthened by the con-
sideration, that the three per cent, fund, which will
hereafter accumulate, as well as a great portion of
what has been heretofore expended, has beea
derived from the new counties, and that conse=
quently be a measure of justice to them. ,
Therefore,
Resolved, That the committee on roads be request^
I 136 )
«d to enquire into the expediency of reporting u
bill, calculated to carry into effect the object stated
in the foregoing preamble.
0'i motion of Mr. Logan,
Resolved, That the committee on the judiciary be
instructed to enquire into the expediency of revis-
ing the laws of the state of Indiana.
On m 'tionof Mr. Levenworth,
Resolved, That the committee on the judiciary
enquire into the law regulating the issuing of execu-
tions in cases in which properly levied upon may be
claimed by a third person, appeals taken and deci-
sions had in favor of the execution plaintiff; and
if the law confines the execution plaintiff to the
property first levied upon; and upon failure of the
process property being delivered up to the proper
officer, then to prosecute upon the bond; that they
c msider the expediency of so altering the law as
to authorise the execution in such cases to be issu-
ed generally against the property of the execution
defendant; and the proper officer to make the mo-
ney out of any property he can find belonging to
th^ execution defendant.
On motion of Mr. Dumont,
Mr. Hussey was added to the select committee
to which was referred a resolution of this house, on
the subject of the practice of physic.
On motion of Mr. Davis of S.,
Resolved, That the committee on the judiciary
be instructed to enquire into the expediency of so
amenHing the law regulating the jurisdiction and
duties of justices of the ^eace, as to require appeals
to the circuit court to be carried up by the proper
constable, allowing him adequate fees for such ser-
vices.
On motion of 1Vlr. Brown,
Resolved, Thnt the auditor of public accounts be
requested t<> lav before this house a statement of
tbe number of acres of first, second and third rate
[137]
iand, subject to taxation io each and every county
in this slate.
On motion of Mr. Hoover,
Resolved, That the committee of ways and
means he instructed to enquire into the expediency
of providing by law for the erection of asylums for
the poor in each county in the state, whenever the
board doing county business may think it conve-
nt: nt so to do.
Mr. Pennington, after having obtained leave, pre-
sented a bill repealing the act respecting certain
property in the county of Spencer:
Which was read the first time, and passed to a
second reading to-morrow.
Mr. Pollock, after having obtained leave, present-
ed a bill supplemental to the act entitled "An act to
provide for a more certain return of the votes for
governor and lieutenant governor ;" approved Janu-
ary 31st, 1825:
Which was read the first time, and passed to a se-
cond reading to morrow.
On motion of Mr. Evans,
The bill for the relief of Claudius G Brown, was
taken up: When,
Mr. Evans moved to reconsider the vote of this
house, concurring in the amendment to said bill,
made in committee of the whole on yesterday ; which
amendment was, by directing the sum of mouev,
mentioned in the provisions of said bill, to be paid
out of the "Knox county treasury," instead of the
"college fund:" ,
Which motion was carried in the affirmative.
The question then recurring, "Will the house
agree to said amendment, made in the committee of
the whole?" true same was decided in the negative.
Mr. Evans then moved to amend said bill, by add-
ing after the words "college fund," the following,
to wit: "To be reimbursed out of the funds of the
Knox county seminary, wheuever there are fouud
18
fl38]
suffiicient funds for that purpose in the hands of
the treasurer of said seminary." When.
Mr. Bassett moved to recommit said bill to a se-
lect committee, with instructions to amend the
same, sO that the claims of the said Brown should
be paid out of the state treasury, under proper re-
strictions.
Mr. Brown then moved to indefinitely postpone
the further consideration of said bill,
And the ayes and noes being required by two
members.
Those who voted in the affirmative, are—
Messrs. Brown, Fite, Hall, JaJcsoo of D., Long, McNary,
Randen and Smith— 8.
And those who voted in the negative, are—
Messrs. Armstrong, Batsett, Beard, Bell, Bence, Blake, Boon,
Casey, Coffin, Crume, Davis of A., Davis of.S , Dixon, Dumont,
Evans, Fmley, Gardner, Gnion, Hamilton, Hendricks, Herod,
Hiliis, Hoover, Howk, Hassey, Jack, Jackson of S., Johnston of
R , Johnston of T., Jones, Ketcham, Kingsbury, Kinnard,
Levenworth, Leviston, Little, Logan, Morrison, Moyer, Noble,