did write to the said Philip Hedges, informing hire
at what time the laws and journals would be ready
for distribution; but the said Hedges did not apply
for, or receive said laws and journals, until the 20th
day of May. Your committee has ascertained to
their satisfaction, that the laws and journals did
not reach some of the counties, until late in the fall;
they therefore believe the said Hedges' bond is foi>
feited, and that he ought to be docked of his pay.
Mr. Little, after having obtained leave presented
a joint resolution on the subject of compensation to
Philips Hedges, for distributing the Laws and Jour-
nals of the general assembly for the session of
1828 , 9; which was read the first time and passed
to a second reading to-morrow.
Mr. Kings'tiiry, from the select committee to
which was referred the the petition of James Ham-
mersly, praying to be divorced from his wife, repor-
ted a bill in pursuance of the prayer of the petition-
er; which was read the first time; when
Mr. Dumout moved to reject the same, and the
ayes and noes being requested thereon, by tworaenv
bers;
Those who voted in the affirmative, are,
Messrs. Bassett, Blake, Boon, Coffin, Crume, Davis of S., 'Di*
on, Dumont, Fmley, Fite, Hamilton, Hoover, Howie, Hassey,
I T08 J
tfeck, Joho9toD of T , Jones, Ketcham, Kinnard, Leviston, Logai^
L nig, iVIiyer, Noble, Pabody, Parks?, Polke, Pollock, Kandeiy
Read, Smith, Walt ace of F., aDd Smiley, Speaker— 33.
And those who voted in the negative, are,
Messrs. Armstrong, Beard, Bell, Beoce, Brown, Casey, Davw
of A., Evans, Gardner, Guion, Hall, Hendricks, Herod Hilhs,,
Jackson of D., Jackson of S., Johnston of K., Kingsbury, Lev
eo worth, Little. McNary, Morrison, Pennington, Keiley, Slaugh-
ter, Stewart, and Wallace of J, — 27.
And so said bill was rejected.
The house resumed the consideration of the reso»
lution presented on Saturday last, by Mr. McNaryy
and the amendment proposed thereto by Mr. Parks;
And the question being put on the said amend*
ment, the same was carried in the affirmative.
Mr. Morrison, moved further to amend said reso*
Jution by inserting before the word "orphan," the
word "poor;" which motion was also carried in the
affirmative.
The question then recurring on the adoptioin of
the said resolution as amended, the same was car*
lied in the affirmative.
On motion of Mr. Pennington,
The resolution presented by him on Saturday last
on the subject of taking the sense of the people on
c dling a convention, and the proposed amendment
thereto, by Mr. Wallace of F., was taken up.
The question being put on the amendment of Mr.
Wallace, the same was carried in the affirmative;
when,
Mr, Finiey moved further to amend said resolu-
tion by adding at the end thereof these words, "and
to make such other amendments thereto, as may be
deemed necessary;" which motion was also carried
jn the affirmative.
The question recurring on the adoption of said
resolution as amended, which reads in the words
Allowing, to wit:
[169 ]
Resolved, That the committee on elections be
instructed to enquire into ihe expediency of report-
inga bill to this house to take the sense of the peo-
ple of this state, at the next general election, w heth-
er they wish to call a convention, to so modify the
constitution of this state, that there shall be one
meeting of the general assembly in two years; and
that impeachments of civil officers before the Sen-
ate, be given to the circuit courts, and to make such
other amendments thereto as may be deemed ne-
cessary ; and the ayes and noes being required
thereon by two members;
Those who voted in the affirmative, are,
Messrs. Armstrong, Bell, Bence, Boon, Brown, Casey, Coffin T
Crume, Davis, of S-, Evans. Finley, Fife, Guion, Mall, Hendricks,
Hillis, Hoover, Howk, Hu9sey Jack, Jackson ofD Jackson, of
S. Johnston of K Jones, Ketcham, Kingsbury, Kinnard, Leven-
worth, Leviston, Little, L^gan, Long, Morrison, Moyer, Parks f
Pennington, Read, Reiley, Slaughter, Smith, and Wallace, of F,
—41.
And those who voted in the negative, are,
Messrs Bassett, Beard, Blake, Davis of A., Dixon, Dumont,
Gardner, Hamilton, Johnston ot T., McNary, Noble, Pabody,
Polke, Pollock, Stewart, Wallace, of J. and Smiley, Speaker. — 17
And so said resolution was adopted.
And then the house adjourned until 2 o'clock
P. M.
2 o'clock, P. M.
The house met pursuant to adjournment.
Mr. Morrison from the joint committee for enroll*
ed bills, reported that they have compared the en-
rolled with engrossed bill entitled "an act to relo*
cate a part of the state road leading from the Ohio
line bv Abington and Waterloo, to Connersville,"
^nd find the same trulv enrolled.
22
[ 170 j
thereupon the speaker signed the same.
Ordered, That the clerk carry the said act to the
Senate for the signature of their president.
On motion of Mr. Brown,
Resolved* That the committee on the affairs of
Indianapolis in their investigation of the boojss and
accounts of the agent of said town be authorized to
send for persons and papers so far as may be neces-
say to a full investigation of that matter.
On motion of Mr. Levenwortb,
Resolved^ That the committee on the judiciary be
instructed to enquire into the exediency of making
some reciprocal provisions with the adjoining states
by which arrangements, witnesses necessary for the
prosecution of criminal causes, may be compelled
to attend such prosecutions by process issued a-
gainst them, incases where the witnesse reside out
of the state, in such cases as must be constitution-
ally prosecuted.
On motion of Mr. Morrison,
Resolved^ That a select committee be appointed,
whose duty it shall be to enquire into the expedien-
cy of a law, for a more certain, speedy and responsi-
ble method of printing and distributing the laws and
journals of the state, to the people, and to the prop-
er county seats, which law shall regulate all sub-
sequent contracts, for the above mentioned purpo-
ses.
Ordered^ That Messrs. Morrison, Read, Little t
Wallace of J., and Noble, be that committee.
Mr. McNary moved the following resolution, viz:.
Resolved) That the committee of ways and means
be instructed to enquire into the expediency of so
amending the revenue law as to exempt persons
from paying tax that are not eligible to a vote in
this house.
The said resolution bemg read, Mr. Long moved
to lav the same on the table;
Which motion was decided in the negative.
1171 1
The question recurring on the adoption of said
resolution, the same was also decided in the nega-
tive.
On motion of Mr. Dumont,
Resolved, That the judiciary committee be in-
structed to enquire into the expediency of repealing
so much of the first section of an act entitled an
act for assessing and collecting the revenue ; appro-
ved January 30, 1824, as requires a tax to be paid
on legal piocess.
On motion of Mr. Reiley,
Resolved, That the committee on canals and in-
ternal improvements be instructed to enquire into
the expediency of applying to the war department
for a suitable engineer to examine the obstructions
in the west fork of White river, at or near where the
state road crosses the same, leading from VincenneS
to Louisville, Ky.
On motion of Mr. Kingsbury,
Resolved, That the judiciary committee be in*
structed to enquire into the expediency of amend-
ing so much of the revenue law, as makes collectors*
deeds conclusive evidence of the regularity of sale.
On motion of Mr. Stewart,
Resolved, That the judiciary committee be in»
structed to enquire into the propriety of extending
the time of holding courts in the counties of Pike
and Dubois.
On motion of Mr. Beard,
Resolved, That the judiciary committee be in°
structed to enquire what amendments are necessa-
ry to the laws now in force regulating grist mills,
and millers.
On motion of Mr. Fite,
Resolved, That the committee on the judiciary
be requested to enquire into the expediency of so
amending the revenue laws of this state, as to make
it the the dutv of the sheriffs and collectors to make
return of their delinquent lists, for the non payment
f 172]
of taxes on tends in their respective counties, tt
tire circuit coujt, the court to order such lists to be
published, and at a subsequent term to render judg*
merit and award execution, as in other cases, and
make report thereof by bill or otherwise.
On motion of Mr. Gardner,
Resolved^ That the committee on education be
instructed to enquire into the expediency of so a-
mending the act authorising the sale of the school
lands, as to give to any five householders, residing
in the township, a right to call a meeting under the
direction of said act, and that a majority of the vo-
ters present, shall determine whether the reserved
section shall be sold or not.
Mr. Smith moved the following resolution, viz:
Resolved^ That the committee on the judiciary
be directed to enquire into the expedidncy of repor-
ting a bill, repealing the first section of an act to
amend the act for the formation of congressional!
districts, and for the election of senators and repre-
sentatives to Congress, approved January the 9th,
1829.
The said resolution was read and ordered to lie
on the table; on motion of Mr. Hillis.
Mr. Levenworth, after having ^obtained leave,
presented a joint resolution requesting aid of con-
gress for the purpose of erecting a hospital in this
state, at some convenient point on the Ohio river,
for sick watermen ;
Which was read the first time, and passed to a
second reading to-morrow.
On motion of Mr. Blake,
The joint resolution ratifying the compact be-
tween the states of Ohio and Indiana, in pursuance
of the act of Congress, of the 24th, May, 1828, was
taken up, and committed to a committee of the
whole house, for to-morrow.
Mr. Beard, after having obtained leave, prestntec*
T i" ]
a joint resolution to fill a vacancy in the board ot
visiters of the Indiana college;
Which was read the first time, and passed to a,
second reading to-morrow.
Mr. Hall, after having obtained leave, presented
a bill authorising a reassessment in Gibson county ?
Which was read the first time and passed to a
second reading to-morrow.
On motion of Mr. Brown,
The several bills ou the subject of an ad valorem
system of taxation were taken up, and referred to
a select committee of Messrs. Brown, Read, Boon,
Jack, Polke, Dumont and Little.
Mr. Gardner, after having obtained leave, presen-
ted a bill for the incorporation of the Eugene acad-
emv ;
Which was read the first time and passed to a
second reading to-morrow.
On motion of Mr. Evans,
The bill for the relief of Zachariah SkeSton, wag
taken up, when
Mr. Evans moved to amend the same by striking
out the preamble, in the original bill, and inserting
in lieu thereof, the following: *
"Whereas, it has been represented to the general
assembly ol the state of Indiana, that Zachariah
Skelton of Warrick county, as administrator of
Elijah Scales, deceased, did, in pursuance of the
provisions of the tenth section of an act entitled an
act providing for the settlement of decedent' ses-
tates, arid for other purposes, approved January 26 t
1824," expose to sale, part of ihe south-east quar-
ter of section thirtv-two. in township three, south of
range six west, in the district of lands offered for
sale at Vincennes, at which sale the said Zachari-
ah Skelton became the purchaser ; therefore,"
Which motion was carried in the affirmative.
Mr. Rariden then moved to postpone the further
consideration of said bill indefinitely;
r "4 j
Which motion was decided in the negative.
The question being then put, "Shall said bill b«
engrossed and read a third time to morrow ? and the
aves and noes being required thereon, by two mem*
hers,
Those who voted in the affirmative, are —
Messrs. Bell, Bence, Casey, Coffin, Crume, Davis of S , Evans,
Gardner, Herod, Hillis, Hussey, Jack, Jackson of D., Jackson of
3., Johnston of K , Kionard, Levenworth, Leviston, Logan, Moyer,
Noble, Pabody, Parks, Read, Reiley and Stewart,— 26.
And those ivho voted in the negative, are —
Messrs. Armstrong, Beard, Boon, Brown, Conner, Davis of
A., Dixon, Dumont. Finley, File, Guioo, Hamilton, Hendricks^
Hoove*, Howk, Johnston of T , Jones, Ketcham, Kingsbury,
Little, Long, McNary, Morrison, Pennington, Polk«, Pollock,
Rariden, Slaughter, Smith, Wallace of F., Wallace of J.,
and Smiley, Speaker— 32.
And so said bill was rejected.
On motion of Mr. Kionard,
The bill to establish a road from Martinsville, by
way of Lyon's mill and Mooresville, leading north,
to intersect the Michigan road, was taken up and
committed to a committee of the whole house for
to-morrow.
A message was received from the senate by Mr,
Test, their assistant secretary, announcing, that
the senate has passed an engrossed joint resolution,
entitled "A joint resolution on the subject of distrib-
uting the laws and journals of the last session of the
general assembly," in which I am directed to request
ihe concurrence of the house of repre entatives.
They have also passed an engrossed bill, entitled
*»An act to amend an act subjecting real and per-
sonal estate to execution ;" approved, 30f h January,
1824; in which, also they request the concurrence
of the house of representatives.
The senate has also passed an engrossed bill
fpoift the house of representatives, entitled, "A?*
I 1«1
#ct to amend the act entitled, an act to provide for
incorporating a county seminary, in the county of
Clark j" approved January 26, 1827 ; without amend*
ment.
The said joint resolution, and bill first named in
the foregoing message, were severally read the first
time, and passed to a second reading to-morrow.
And then the house adjourned until to-morrow
morning, 9 o'clock,
TUESDAY MORNING, December 22, 182*
The house met pursuant to adjournment
Mr. Gardner presented a petition of John M.
Coleman, of Vermillion county, praying to be re-
lieved from the penalty of an act of the last gener-
al assembly of this state, relative to navigable
streams, declared highways, by an ordinance of
Congress; he having erected a mill on the big Ver-
million river, in said county; and praying authori-
ty to continue said mill, on condition that he shall
construct aslope on his dam, of such dimensions as
will admit boats to descend said stream, at all nav-
igable stages thereof.
The said petition was read, and referred to the
judiciary committee.
Mr. Gardner also presented a petition of Stephen
S. Colleti, and about one thousand other citizens of
Vermillion county, praying that the prayer of the
petition of John M. Coleman be granted:
Which was read and referred to the same com-
mittee. ,
Mr. Ketcham presented a petition of John S.
Barnes, of Monroe county, praying that Jackson
Lick, in said county, may be leased to him for the
Serra af five years, upon condition that he be author-
f 176 j
jsed to put repairi thereon, to the amount of few*
hundred dollars:
Which was read and referred .to the committee
on claims.
Mr. Ketcham also presented a communication
from James Parson, of said county., praying said
sait lick inky be leased to him for any term between
two and five, years, at the rate of one hundred dol-
lars per annum:
Which was read and referred to the same com-
mittee.
On motion of Mr. Crume,
The petition of John McCoy and others, citizens
of Rush county, on the subject of a certain state
voad therein named, was taken up and referred to
the committee on roads.
Mr. Crume presented a petition of William Wa-
ters and others, citizens of the town of Waterloo,
in the county of Fayette, praying that authority
be given to the proprietor of said town, to ex-
change lot No. 40, in said town, given for public
uses, for lot No. 43:
Which was read and referred to a select commit*
tee of Messrs. Crume, Rarideo and Leviston.
The speaker laid before the house a communica-
tion from Levi Cobb, of Floyd county, praying that
articles of impeachment may be preferred against
Caleb Numan, a justice of the peace, in said coun-
ty, for certain alleged abuses in his office:
Which was read and referred to the committee
on the judiciary,
Mr. Re id, from the committee of ways and means,
to which was referred a resolution of this house, in-
structing them to enquire into the expediency of
reducing the state tax on polls, thirty-three and one
third per cent, reported — that they have had the
same under consideration; and are of the opinion,
that it is inexpedient to reduce the poll tax at this
time*
P771
Which report was read, and concurred in by the
bouse.
Mr. Read from the same committee, to which
was referred a resolution of the house instructing
said committee to enquire into the expediency of
making it the express duty of boards doing county
business, to reduce the taxes on objects of county
revenue, whenever there shall be an overplus in the
treasury of any ccunty, over and above the neces-
sary expenditures of said county, reported — that
they have had the same under consideration, and
are of opinion that it is inexpedient to legislate on
ihat subject:
Which report was read; and,
On motion of Mr Kinnard, the same was
Ordered to lie on the table.
Mr. Rariden, from the committee on the judicia-
ry, to which was referred a resolution of this house,
reported, in pursuance of the same, a bill dividing
the state into judicial circuits:
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 the bill respecting free negroes,
mulattoes, servants and slaves, reported the same,
with sundry amendments:
Which were read, and concurred in by the house.
The said bill was then recommitted to the same
committee.
Mr. Hall, from the same committee, to which was
referred a resolution of this house, on the subject of
making it lawful for widows to make improvements
on wild and uncultivated lands, assigned as dower,
reported a bill to amend the "act for the assignment
of dower;" approved, January 7th, 1824:
Which was read the first time and passed to a
second reading to-morrow.
Mr. Kingsbury, from the same committee, to which
was referred so much of the governor's message, as
23
[178]
rfllspects a state census, reported a bill on that sub
jert:
Which was read the first time, and passed to a
second reading to-morrow.
Mr. Herod, from the same committee, to which
was referred a resolution of this house, on the ex-
pediency of so amending the practice ant, as to
make the return days of execution on the first day
of each term, reported, that they have had the
same under consideration ; and are of opinion that
further legislation upon the subject is unnecessary.
Which report was read and concurred in by the
house.
A message was received from the senate by Mr.
Test, their assistant secretary, announcing, that
the senate has passed an engrossed joint resolution,
entitled "A joint resolution to declare, establish,
rati(v, and confirm, with one fundamental condition,
the compact entered into, between Wyllys Silliman,
commissioner on the part of the'state of Ohio, and
Jeremiah Sullivan, commissioner on the part of the
state of Indiana;" in which they ask the concur-
rence of the house of Representatives.
The said joint resolution was read the first and
second times, the rules of the house having first
been dispensed with, and committed to the same
committee of the whole house, to which is commit-
ted a report and joint resolution of this house on the
same <• abject.
Mr. Coffin, from the committee on claims, to
which was referred the petition of A. Campbell, re-
ported — that they have had the same under con-
sideration, and request, that they be discharged
from the further consideration of the subject, and
that the petition, with the accompanying docu-
ments, be referred to the committee on roads, as
thev have several petitions of the same nature al*
ready before them.
f 179]
Ordered, That said committee be discharged
from the further consideration of the above subject,
and that the said petition and documents be refer-
red to the said committee on roads.
Mr. Evans, from the select committee to which
was referred the petition of Samuel Hinman, asked
to be discharged from the further consideration
thereof, and that the same be referred to the com*
mittee on roads.
Ordered, That the said committee be discharg-
ed, and the said petition be referred to the com-
mittee on roads.
Mr. Hoover moved the following resolution, viz:
Resolved, That a select committee be appointed
to draft, and report to this house, a memorial to
the congress of the United States, against the stop-
page of the transportation of the mail on the first
day of the week, commonly called Sunday, and
that said committee report as early as possible;
When,
Mr. Boon moved to lay said resolution on the ta-
ble:
Which motion was decided in the negative.
The question then recurring on the adoption of
said resolution; and the ayes and noes being re-
quired thereon by two members,
Those who voted in the affirmative, are,
Messrs. Armstrong, Beard, Belt, Benee, Boon, Brown, Casey,
Coffin, Conner, Cruroe,D*vis of A , Davis of S , Dixon, Duraont,
Evans, Finley, Gardner, Guion, Hail, Hamilton, Herod, Hoover,
Howk, Hussey, Jack, JaJison of D., Johnston of T , Jones,
Ketcham, Kingsbury, Kionard, Leviston, Logan, Long, Mr Nary,
Morrison, Mover, Noble, Parks, Pollock, Reiley Slaughter, Smith,
Stewart, Wallace of F., aod Smiley, Speaker— 44
And those who voted in the negative* are,
Messrs Basset, B);.ke, Fite, Hendricks. rTillis; Jackson of S.,
Johnston of K , Levt.wrth. Little, Pabody, Pennington, Polke,
Read, and Wallace of J., — 14,
And so said resolution was adopted.
Ordered, That Messrs. Hoover, Evans, Durnont,
Kinnard, Wallace of F. and Howk, be said com-
mittee.
Mr. Armstrong moved the following resolution:
Resolved, That the judiciary committee be in-
structed to enquire into the justice and propriety of
reporting to this house, a bill exempting all revolu-
tionary officers and soldiers, who now are or may
hereafter become citizens of this state, from impri-
sonment for debt: when,
Mr. Wallace of J., moved to amend the same by
adding at the end thereof, these words: "and from
the payment of tax:"
Which motion was decided in the negative.
Mr. Noble then moved to amend said resolution,
by adding these words: "That the widows, children
and grandchildren of revolutionary soldiers, be also
exempt from taxation and imprisonment for debt:"
Which motion was also decided in the negative.
The question recurring on the adoption of the
original resolution;
And the ayes and noes being required thereoe
by two members,
Those who voted in the affirmative, are,
Messrs. Armstrong, Bassett, Beard, Blake, Boon, Brown, Ca-
sey, Coffin, Conner, Crume, Davis of A., Davis of S., Dixon,
Evans, Fmley, File, Gardner, Gnion, Hall, Hendricks, Herod,
Hillis, Hoover, Hussey, Jackson of S., Johnston of K., John-
stun of T., Ketchutn, Kingsbury, Kinnard, Levenwortb, Leviston,
Little, Long, McNary, Morrison, Pabody, Parks, Pollock,
Read, Reiley, Smith, Stewart, Wallace of F., Wallace of J., and
Smiley, Speaker — 46.
And those who voted in the negative, are,
Messrs. Bell, Bence, Dtimont, Hamilton, Howk, Jack, Jones,
Logan, Moyer, Noble, Pennington, Polke, aad Slaughter — J3.
And so said resolution was adopted;
1 181 >}
Mr. Johnston, of K., moved the following resold
tion, viz.
Resolved, That the committee of ways and means
be and are hereby directed to enquire into the ex-
pediency of renting out, for a definite period, the
governor's house; or of appropriating the same, un-
til otherwise disposed of, to the use and occupa-
tion of the officers of state: when,
Mr. Noble moved to lay said resolution on the
table:
Which motion was decided in the negative.
Mr. Read then moved to amend said resolution,
by striking out the words, "ways and means," and
inserting the words, "on the affairs of the town of
Indianapolis:"
Which motion was carried in the affirmative.
The said resolution, as amended, was then
adopted by the house.
On motion of Mr. Hillis,
The communications of the governor, accompa-
nied by sundry resolutions of the legislatures of the
states of Virginia, South Carolina and Georgia^
were taken up, and referred to the committee on
the judiciary.
And then the house adjourned until 2. o'clock