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House of Representatives Indiana. General Assembly.

Journal of the House of Representatives of the State of Indiana, being the fourteenth session of the General Assembly, begun and held at Indianapolis, in said state, on Monday the seventh day of December, A.D. 1829. (Volume 1829-30)

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The joint resolution to fill a vacancy in the board
of visiters of the Indiana college;

The bill to relocate a part of the state road, lead*
ing from Madison to Lawrenceburgh;

The bill to amend the several acts appointing
commissioners to relocate the seat of justice in
Lawrence county ; and,

The joint resolution relative to the Illinois grants

Were severally read the second time, and

Ordered to be engrossed, and read a third time
to-morrow.

The joint resolution on the subject of compensa*
tion to Philip Hedges, for distributing the laws and
journals of last year,

Was read the second time, and committed to the
same committee of the whole house, to which is
committed a joint resolution from the senate, on the
subject of distributing the laws and journals of the
last session.

The bill concerning the state road from Indian-
apolis to Crawfordsville and Lafayette, was read
the second time; when,

Mr. Ftanden moved to amend the same, by adding
at the end of the last section, the following proviso:

"Provided, however, that said bridge shall ever
after its construction, be a free bridge:

Which motion was carried in the affirmative.

The said bill was then ordered to be engrossed,
and read a third time to-morrow.

The joint resolution to the congress of the United
States on the subject of a canal from the Wabash
to White river, thence to the Ohio river, was read
the second time, and,

Ordered to lie on the table.

The engrossed bill supplemental to an act enti-
tled an act to provide for a more certain return o/
frotes for governor and lieutenant governor:



[ 198 ]

The engrossed bill repealing the act respecting
certain public property in the county of Spencer;
approved, 14th January, 1824;

The engrossed joint resolution relative to the
Cumberland hospital;

The engrossed joint resolution, on the subject of
graduating the price of the public, lands, and do-
nating the refuse to actual settlers;

The engrossed bill to amend the act entitled
"An act to amend the act to establish a state libra-
ry ;" approved, February 4, 1825; and

The engrossed bill to establish a state r<>ad
from Middletown, in Shelby county, via [Moscow*
in Rush county, to intersect the Brookville state
road at or near Erasmus Aldridge's;

Were severally read the third time, and passed.

Ordered, That the said bills be entitled Jets, and
that the clerk carry the same to the senate, together
with the said joint resolutions, and ask their concur-
rence therein.

The engrossed joint resolution on the subject of
colonizing the people of color, was read the third
time, and

Ordered to lie on the table.

And then House adjourned until to-morrow morn-
ing 9 o'clock.



THURSDAY MORNING, December 24, 1829.

The house met pursuant to adjournment.

Mr. Boon presented a petition ot Andrew Hamil-
ton, and five hundred and seventeen others, citizens
of Sullivan county, praying the relocation of the
seat of justice of said counly:

Which was read and referred to a select commit-
tee of Messrs. Boon, Reiley, Read, Blake and
Johnston of K.



[199]

Mr. Gardner presented a remonstrance of Hugh.
Nuell and others, citizens of the state of Illinois,
against the prayer of the petition of John M. Cole-
man and others, presented on yesterday:

Which was read, and referred to the committee
on the judiciary.

Mr. Bca rd presented a petition of B. W. Hays
and others, citizens of Warren and Fountain coun-
ties, praying the continuation of the state road,
which l^ads from Indianapolis to Crawfordsville,
through Attica to the state line in a direction to-
wards Chicago:

Which was read and referred to the committee
on roads.

Mr. Hillis from the committee on elections, to
which was referred a resolution requiring them to
enquire into the expediency of reporting a bill to
this house, providing for taking the census; the ta-
king of which shall be commenced on or before the
first of next October, and finished by the middle of
next November, reported, that they have had the
same under consideration, and are of opinion, that
the judiciary committee have reported a bill, which
embraces all the subject matter contained in said
resolution, and that it would be unnecessary to
make any further report thereon, and ask to be dis-
charged from any further consideration of the
same.

Ordered, That said committee be discharged
from the further consideration of said subject.

Mr. Rariden, from the committee on the judicia-
ry, to which was referred a resolution of the house,
requesting them to enquire into the expediency of ma-
king some reciprocal provisions with the states ad-
joining Indiana, by which witnesses, in the prose-
cution of criminal causes, may be compelled to at-
tend such prosecutions from adjoining states, upon
being served with process, reported, that they have
had the subject under consideration, and aie of



[ 200 j

Opinion, however desirable such reciprocal arrange*
meats might be, that no such arrangement could
be made or carried into effect, without an entire
amalgamation of jurisdiction of all the states in
this particular; and would be giving to each state
(in coercing the attendance of witnesses) a juris-
diction eoextensive with the United States, which
would be a greater evil, than the one that might be
remedied by such ah arrangement. They therefore
pray to be discharged from the further considera-
tion of this subject.

Ordered, That the said committee be discharged
from the further consideration thereof.

Mr. Rariden from the same committee to which
was referred a resolution of the house, requesting
tlnm to enquire into the expediency of repealing
the first section of the act to amend the act for the
formation of congressional districts, and for the
election of senators and representatives to congress;
approved, January 19, 1829; reported, that they
have had the subject under consideration, and deem
the repeal of said section inexpedient; and there-
fore, ask to be discharged from the further consider-
ation of said subject:

Which report was read; when,

Mr. Smith moved to lay the same on the table:

Which motion was decided in the negative.

The question then recurring on concurring in said
repwrt;

And the ayes and noes being required thereon,
by two members,

Those who voted in the affirmative, are,

Messrs Armstrong. Beard, Bell, Bence, Boon, Coffin, Conner,
CruTie, Davis of A.Evans. Finley, Gardner, Hall, Wpndricks,
Herod, Hillis, Hoover, Huesey Jack, Jackson of D.. JoneB,
Ketrh^m. Kingfiburv. Kirmard, Levenwnrth. l>viston. L'tlle,
l/ong, Mc^ary, Morrison, Mover, Pabody, Polke, Iiarideo:



[201 j

Bead, Reilev, Slaughter, Stewart, Wallace of F., Wallace of >.
and Saiilej Speaker— 41.

And those who voted in the negative, are,

Messrs Bassett, Blake, Ca?ey, Davis of S., Dixon, Dumont,
Fite, Guion, Hamiltoo, Howk, Jackson of S , Johnston of K.,
Johnston of T., Logan, Noble, Parks, Pennington, Pollock, and
Smith,— 20.

And so said report was concurred in by the
house.

Ordered, That said committee be discharged
from the further consideration of the above sub-
ject.

Mr. Kingsbury, from the same committee, to
which was referred a resolution of this house, in r
structing them to enquire, if any, what amendments
are necessary to be made to the laws in force, regula-
ting grist-mills and millers, reported, that they have
had the same under their consideration; and in
their opinion, no amendments are necessary ; and
ask to be discharged from the further consideration
of that subject.

Which report was read and concurred in by the '
house.

Ordered, That said committee be discharged
from the further consideration thereof.

Mr. Howk, from the same committee to which
was referred a resolution of this house, directing
an enquiry into the expediency of amending so
much of the revenue law as makes collector's
deeds conclusive evidence of the regularity of the
sale 4 reported, that they have had the subject under
their consideration, and are of opinion, that that
provision of the law has a salutary effect in ensur-
ing the collection of the revenue, and although it
may be considered as strong in favor of the purcha-
ser for the non-payment of taxes; yet it extends to
him no greater certainty in his title, than the law
26



i.2o£ ]

gives' to purchasers, at sheriffs* sales under exeeu
tion; which your committee deem necessary to
protect the interests of the state; and are, there-
fore of opinion,, that any legislative enactment
on the subject would be inexpedien? :

Which report was read, and concurred in by the

llOUS-e.

Mr. Kingsbury, from the same committee, to
which vvas referred a resolution of the house, in-
structing them to enquire into the justice and pro-
priety of reporting to this house, a law exempting
all revolutionary officers and soldiers, who now are,
or hereafter may be citizens of this state, from im-
prisonment for debt, reported, that they have had
the subject under consideration, and that it is inex-
pedient to legislate on that subject; that, in the
opinion of said committee, the present laws afford
sufficient protection to every citizen of the state;
and ask to be discharged from the further consider-
ation of the subject:

Which report was read; and,

On motion of Mr. Armstrong,

Ordered to lie on the table.

Mr. Jackson, of S., Torn the committee on claims,
io which was referred the account of David Burr,
Samuel Hanna and Jordan Vigus, commissioners of
the Wabash and Miami canal, and the vouchers
relative to the same, reported, that they have had
the same under consideration, and find an error of
$3.90 in said account, wbich occurs in the memo-
randum, accompanying voucher No. 1, which error
is iii the addition of said memorandum: therefore,
the whole amount expended by. said commissioners,
is .$1740.06 1-4, instead of $ 1743.96 1-4, as set
forth in said account, being $740.06 1-4 more than
<<as been appropriated by law for that purpose;
therefore, said committee recommend the adoption
of the following resolution, viz-



[203 j

Resolved, That the committee of ways ana
means allow said commissioners, in the specific ap-
propriation bill, the sum of $740.06 1-4:

Which report was read, and

Ordered to lie on the table.

Mr. Brown, from the select committee, to which
were referred sundry bills, relative to an ad valorem
system of taxation, reported a joint resolution on
the subject of taking the sense of the people on
the adoption of such a system:

Which was read the first time, and passed to a
second reading to-morrow.

On motion of Mr. Hamilton,

Resolved^ That the committee on roads be in*
structed to enquire into the expediency of providing
bv law for the relocation of that part of the Mauk't
Ferry state road, that lies between the south bank,
of the east fork of White river and Brownstown,.

On motion of Mr. Little,

Resolved, That the committee of ways and means
be instructed to enquire into the expediency of
granting to collectors of county revenue a longer
lime to pay over the county revenue to the treasu-
rer of their respective counties.

On motion of Mr. Evans,

Resolved, That the judiciary committee be in-
structed to enquire into the expediency of repealing
so much of the 37th section of an act entitled "An
act regulating the practice in suits at law," as re-
quires seals to wills.

Mr. Read, after having obtained leave, presented
a joint resolution relative to the three percent,
fund:

Which was read the first and second times, the
rules of the house having first been dispensecl
with; and

Ordered to be engrossed, -and read a third time
time to-morrow.



L 204 'I

Mr. Morrison, from the jointcommitfee for enroll-
ed bills, reported, that they have compared the fol-
lowing enrolled with the engrossed bills, entitled
Acts, viz:

An act explaining and regulating jurisdiction ;

An act establishing a state road therein named,
and for other purposes;

An act supplemental to an act entitled "An act
to establish a state road from Levenworth by the
wavof Bono to Indianapolis;

An act legalizing the proceedings of the board of
justices of Pike counfv ;

An act to repeal an act, entitled "An act to in-
corporate the townships of Shelby county;"

And find the same truly enrolled.

When, the speaker signed said bills.

Ordered, That the clerk carry the same to the
senate f?»r the signature of their president.

On motion of Mr. Herod,

The vote rejecting (on the question to pass to a
third reading) the engrossed bill from the senate,
entitled "An act to authorise the circuit court of the
county of Vanderburgh to change the venue in a
certain case, was reconsidered;

And the said bill was then referred to the com-
mittee on the judiciary.

Mr. Brown from the joint committee for enrolled
bills, reported, that they did, on this day, present
to the governor, for his approval and signature, the
following enrolled bills, entitled Acts, to wit:

An act to relocate part of the state road, lead-
ing from the Ohio line, by Abbington and Water-
loo, to Connersville;

An act to amend the act, entitled "An act to
provide for incorporating the county seminary in the
countv of Clark; 1 ' approved January 26, 1827;

And also, a joint resolution, relative to the
western mail stage route, from Louisville, Kentucky,
to St. Louis, in Missouri



[20S]

On motion of Mr. Wallace of J.,

The engrossed bill from the senate, entitled ao
act, concerning the Farmers' and Mechanics' bank
of Indiana, was taken up, when he moved to amend
the same, by adding at the end of the fifth section,
the following proviso:

"Provided however, that nothing in this act con-
tained, shall be so construed as to interfere m any
manner, with vested rights, nor shall the franchises
herein granted, extend to a period beyond the limits
of the charter of said institution, which will expire
on the first day of January, 1835."

Which motion was carried in the affirmative.

Mr. Johston of K., then moved further to amend
said bill by adding at the end of the third section,
the following:

"Piovided however, that nothing in this act shall
authorise or empower the said board of directors to
issue or put in circulation any paper money or evi-
dences to represent currency ;"

Which motion was decided in the negative.

Ordered, That the said amendment be engrossed
and that the said bill be read a third time to-morrow.

The house then proceeded to consider the orders
of the day.

The bill to extend the powers of the commission-
ers of Morgan county, in a certain case therein na~
mend ;

Was read the second time, wben

Mr. Kinnard moved to amend the same, by ad-
ding the following as an additional sectien thereto,,
viz:

Sec 3. Be it further enacted, that the provisions
of this act be, and they are hereby extended to the
board of justices of the county of Marion, provided,
that if satd board should not deem it expedient to
contract with owners of ferries, on White river in
the county of Marion, for the ferriage of all persons
living oh the west side of said river, required to



f 206 J

cress said river to do military duty, when the same
is not fordable, such persons shall not be liable to
he fined for the non-performance of such duty ;

Which motion was carried in the affirmative.

The said bill was then ordered to be engrossed,
,*and read a third time to-morrow.

The bill locating a state road from George.
JCline's, in the county of Franklin, to Flat Rock in
Decatur county ;

The bill to amend an act regulating General elec-
tions; and

The bill to authorize the qualified voters of the
different townships in Harrison county, to elect
township officers, were severally read the second
time and ordered to be engrossed and read a third
time to-morrow.

The engrossed bill from the senate, entitled an act
to amend the act entitled an act incorporating
county libraries, and

The engrossed memorial from the senate, on the
subject of continuing the construction of the Cum-
berland road, were severally read the second time
and passed to a third reading to-morrow.

The engrossed bill from the senate, entitled an act
appointing commissioners to relocate the seat of
Justice of Dubois county, was read the second time
and ordered to lie on the table.

The bill regulating medical societies was read
the second time and committed to a committee of
the whole house, for Monday next.

The engrossed bill fro,m the senate, entitled an
act, providing for locating opening and improving of
certain state roads, and

The engrossed joint resolution from the senate,
memorializing Congress on the subject of colonizing
the free people of color, were severally read the sec-
ond time an4 committed to a committee of the
whole house for to-morrow.

The engrossed joint memorial from the senate t£



[ 5*7 ]

the congress of the United States, requesting a corps
of engineers to examine and survey White river,
and the east and west forks thereof, and to examine
and if found practicable, survey a canal route to
counect the Wabash and Erie canal with the Ohio
river, was read the second time and referred to the
same select committee to which is referred a joint
resolution of this house on the same subject.

The engrossed bill from the senate, entitled an
act !or the removal of obstructions to the navigation
o} Eel river, was read the secoud time; when

Mr. Boon moved to amend said bill by adding
at the end thereof, the following additional sections,
to wit:

Sec. 6. And be it further enacted that the sum of
one hundred and fifty dollars out of the three per
cent, fund is hereby appropriated for the improve-
ment of Busseron creek, in the county of Sullivan,
and Orsen Willard, is hereby appointed a commis-
sioner to draw, and lay out said money, and the
said commissioner shall have power to expend said
money in such way and manner for the improve-
ment of said creek as to him may seem best and
proper.

Sec 7. Before the said commissioner shall be au-
thorised to receive said money of the agent of the
three per cent, fund, he shall first file a bond withr
one or more freehold securities, to be approved of
by the clerk of the circuit court of Sullivan county,
in the office of said clerk, in the penalty of three
hundred dollars, payable to the treasurer of state,
conditioned for the faithful appropriation of said
money, according to the true intent and meaning of
this act. The certificate of the clerk of said county,
that the requisitions of this section have been com-
plied with, shall be sufficient authority for the agent
of the three per cent, fund, to pay over said money
to the said Willard.

S»c. 8- It shall be the duty of the said commit



[208]

sioner to be governed in all respects, by the fourth
section of this act, and shall receive like compensa-
tion for his services ;

Which motion was carried in the affirmative.

Ordered, That said amendment be engrossed and
that said bill be read the third time to-morrow.

And then the house adjourned until 2 o'clock.,
P. M.

2- o'clock* P. M

The house met pursuant to adjournment.

The engrossed bill for the relief of Martha
McBride, was read the third time;

And the question being put, shall said bill pass?

And the ayes and noes being required thereon by
two members j

Those who voted in the affirmative, are,

Messrs. Armstrong, Bell, Bence, Blake, Brown, Casey, OffiU;,
Conner, Davis of A, Davis of S., Evans, Gardner, Guion, Hall,
Hendricks, Herod, Hilhs, Hussey, Jack, Jackson of D., Jackson
of S , Johnston of K., Kingsbury, Levenworth, Little, Logan.
McNary. Morrison, Moyer, Pabody, Pejonington, Read, Reiley,
Slaughter, Stewart and Wallace of J. — 36.

Jind those who voted in the negative, are,

TVlessrs. Bassett, Beard, Boon, Cruroe, Dixon, Dumont, Finley,
Ftte, Hamilton, Hoover, Howk, Johnston of T.. Jones, Ketcham*
Kionard, Leviston, Long, Noble, Parks^ Polke, Pollock, Rari-
den, Wallace of F., and Smiley, Speaker— 24.

And so said bill passed.

Ordered, That the same be entitled 'an act,' and
lhat the clerk carry the same to the senate, and ask
their concurrence therein.

The engrossed bill for the incorporation of the.
Eugene academy:



[209 j

The engrossed bill to relocate part of the state
road leading from Madison to Lawrenceburgh ;

The engrossed bill concerning the state road from
Indianapolis to Crawfordsville and Lafayette;

The engrossed bill authorizing a re-assessment in
Gibson county;

And the engrossed bill to amend the act, entitled
an act, appointing commissioners to relocate the
seat of justice of Lawrence county, approved De-
cember 26, 1828;

Were severally read the third time and passed.

Ordered, That the same be entitled 'acts,' and
that the clerk carry the same to the senate, and
ask their concurrence therein.

The engrossed joint resolution relative to the
Illinois grant;

And the engrossed joint resolution to fill a vacan-
cy in the board of visiters to the Indiana college;

Were severally read the third time and passed.

Ordered, That the clerk carrv the same to the
senate, and ask their concurrence therein.

The engrossed bill from the senate, entitled an
act to vacate the south end of second street in the
town of Washington, in the county of Daviess, was
read the third time and passed without amendment.

Ordered, That the clerk inform the senate there-
of.

Mr. Johnston of K., moved to postpone the sever-
al orders of the day, which precede the engrossed
bill from the senate, entitled an act providing for
the location, opening and improving certain state
roads; and that the committee of the whole house
to which the same is committed, be discharged
from the further consideration thereof;

Which motion was carried in the affirmative.

Mr. Rariden moved to amend the eighth section
thereof, by striking out the nime of "Jacob Thorn-
burgh, of the county of Henry," and inserting in lien
27



[ 210 |

there of, the name of "Thomas Cranor, of Wayne
county:"

Which motion was carried in the affirmative,

Mr. ilariden moved further to amend said bill, in
the eighth section by striking out the words "Econ-
omy, thence on a new location, the nearest and best
route to Loganspon," and inserting in lieu thereof,
these words, "'Washington, thence the nearest and
best way via Munceytown, in Delaware county,
and Miamiesport, in Cass county, to Logansport,
in the said county of Cass;"

Which motion was also carried in the affirmative.

Mr. Ketcham moved further to amend said bill, in
the first section, by inserting before the word
"Bloomington," these words, "Bono, in Lawrence
county, to."

Mr. Parks moved to amend the proposed amend-
ment, by inserting after the word "Bono," these
words, "by way of Bedford;"

Which motion was carried in the affirmative.

Mr. Ketcham's amendment, as amended, was
then agreed to by the house.

Mr. Long, moved further to amend said bill, in the
thirteenth section, and fourth line, by filling the
blank with 'Hancock:'

Which motion was also carried in the affirmative,

Mr. Gardner moved further to amend said bill, in
the fifteenth section by inserting after the word
"from," these words, "the Army ford, on Raccoon
creek, in Parke county, by way of Montezuma, New-
port, and the county road to Eugene, thence to Per
rysville, Covington, Portland, Attiea, and:"

Which motion was also carried in the affirma-
tive.

Ordered, That said amendments be engrossed,
and that said bill be read the third time to-morrow.

On motion of Mr. Brown,

Ordered, That Mr. Jackson of D., have leave to



[211 j

be absent from the service of this house until Mon-
day next.

And then the house adjourued until Saturday
morning, 9 o'clock.



SATURDAY MORNING, December 26, 1829.

The house met pursuant to adjournment.

Mr. Long presented a petition of Palmer Patrick
and others, citizens of Madison county, praying
the location of a state road, from Pendleton, in.,said
county, by Dotey's mill, to Indianapolis:

Which was read, and referred to a select com-
mittee of Messrs. Long, Conner and Kinnard.

Mr, Moyer presented a petition of Uriah Glover,
of Orange county, praying that articles of impeach-
ment may be preferred against William Hoggatt,
clerk of the court of said county, for certain alleg-
ed malfeasance in office:

Which was read and referred to the committee on
the judiciary.

Mr. Moyer, also, presented a communication from
the said Hoggatt, it being a transcript from the
records of said court, of the case in which the
malfeasance was charged, in said petition, to have
been committed:


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