which was referred the petition of Mathcny,
and others, citizens of Vanderburgh county, praying
the location of a state road from Evansviile to An-
thony's ferry on the Ohio river, reported a bill in
pursuance of the prayers of the petitioners;
Which was read the first time, and passed to a
second reading on Monday next.
Mr. Read, from the select committee to which
was referred the petition of Frederick Sholtz, pray-
ing authority to build a toll bridge across Lost river,
reported a bill in pursuance of the prayer of the pe-
titioner;
Which was read the first time, when
Mr. Mover moved to reject said bill;
Which motion was carried in the affirmative,
Mr. Parks, from the select committee to which
was referred the petition of John C. Cavins, and
others, praying the formation of a new county out
•f the counties of Jackson and Lawrence, reported,
that they have had the subject under consideration
and are not certain, but that to grant the prayers ot
'he petitioners, would reduce the 93d counties HftaVi
1 304 J
the constitutional size, and endanger the removal
of the seats of Justice of said counties, and are
therefore of opinion that the prayer of the petition-
ers ought not to be granted ;
Which report was read and ordered to He on the
table.
Mr. Hussey,from the select committee to which
was referred the petition of Samuel Moor, and others,
citizens of the county of Morgan, on the subject of a
public ferry in said county, reported, that although,
the same would doubtless be of public utility, yet it
is considered unnecessary to .tjnslate on that sub-
ject, as the board of commissioners are fully author-
ized by law to establish said ferry ;
Which report was read and concurred in by the
house.
On motion of Mr. Levenworth,
Resolved, That the judicial committee be instruc-
ted to examine the compact of the state of Virginia,
authorizing the state of Kentucky, to he constituted
an independent stated and extract from the com-
pact, that part which gives concurrent jurisdiction to
the state of Indiana, with the state of Kefltuj ky upon
the Ohio river, so far as the Ohio river is the divi-
ding line of the states, and that such extract be
printed with the acts of this general assembly on the
subject of the concurrent jurisdiction of the various
counties of this state, upon the Ohio river.
On motion of Mr. Wallace of J.,
Resolved, That the committee of ways and means
be instructed to revise, amend and reduce into one,
all laws now in force in this state, on the subject of
assessing and collecting the revenue,* so that the
same may be printed with the acts of this general as-
sembly.
Mr. Conner asked and obtained leave of absence
from the services of the house, until Monday next.
The house then resumed the consideration of the
Cm i
bill for the formation of the county of Ray, north oV
the counties of Hendricks and Marion, when
Mi. Wallace of J., withdrew his motion, made on
yesterday, to lay said bill on the table.
Mr. Pennington then moved that the further con-
sideration of said bill be postponed, until the first
Monday in August next;
And the ayes and noes being required thereon by
two members;
Those who voted in the affirmative, are,
Me6srfl. Bence, Boon, Coffin, File, Howk, Kingsbury, Little,
Logan, Moyer, Pennington, Polke, Read, Ileiley, and Wallace
«rf J.,— 14.
And those who voted in the negative, are,
Messrs. Armstrong, Bassett, Beard, Bell, Blake, Brown, Casey,
*3rume, (Davis of A., Davis of S., Dixon, Damon*, Evans, Fin-
!ey, Gardner, Guion, Hall, Hamilton, Hendricks, Herod, Hiilis v
Hoover, Hussey, Jack, Jackson of D., Jackeon of S., John-
ston of K , Johnston of T., Jooes, Ketcham, Kinnard, Leven-
worth, Leviston, Long, McNary, Morrison, Noble, Pabody s
Parks, Pollock, Rariden, Slaughter, Smith, Stewart, Wallace
of F. and Smiley, Speaker — 46.
And so said motion was decided in the negative.
On motion of Mr. Rariden,
The said bill was then recommitted to the same
select committee by which the same had been re-
ported, with instructions so to amend it as to leave
the name of said county blank.
Mr. Kinnard by consent of the house reported back
said bill under the following title, to wit:
A bill for the formation of a new county north of
the counties of Hendricks and Marion, and in accor-
dance with the above instructions.
Mr. Rariden then moved to commit said bill to a
Committee of the whole house, for to-day:
Which motion was carried in the affirmative.
The house then resolved itself into a committee
of the whole, on the above named bill, and after
m
[ 30b j
some time spent therein the sneaker resumed lli|
chair, and Mr. Beard report the same, wuh sun-
dry amendments.
The house concurred in said amendments gener-
ally, and the hill was ordered to be engrossed, and
read a third time, on Monday next.
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. Bl&ke,
The several orders of the day which precede the
engrossed joint resolution, from the senate, to de-
clare, establish, ratify and confirm, with one funda-
mental condition, the compact entered into, between
Wyllys Silliman, commissioner on the part of the
state of Ohio, and Jeremiah Sullivan, commissioner
on the pari of the state of Indiana; and the joint
resolution of this house, on the same subject, were
for the present postponed: and
The house again resolved itself into a committee
of the whole, on the said resolutions, and after some
time spent therein, the speaker resumed the chair.
and Mr. Bell reported progress, and asked leave to
sit again:
Which leave was granted by the house.
Mr. Brown, frorn 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 acic, to wit:
An act supplementary toan act, entitled an act
for opening a state road in the county of Allen ;
' An act to incorporate the Jefferson county semi-
nary society;
An act to establish a state road from George
Kline's, in Franklin county, to the Lavvrenceburgh
state road, on the west side of Flat Rock, in Deca-
frtr county.
t 3or j
Mr. Morrison^ from the committee for enrolled
bills, reported, that they have compared the enroll-
ed with the engrossed bills, entitled,
An act to establish a state road from Middle-
town, in Shelby county, via Moscow, in Rush coun-
ty, to intersect the Brookville state road at or near
Erasmus Aldridge's;
An act to establish a state road from Lake Mich-
igan, fery way of Indianapolis, to some convenient
point on the Ohio river;
And find the same truly enrolled.
When the speaker signed said bills.
Oidered, That the clerk carry the same to the
senate, lor the signature of their president.
The house postponed the several bills, on the sec-
ond reading, d.nd proceeded to consider the third
readings.
The engrossed bill concerning the seminary site
in Union county ;
The engrossed bill for the relief of John J. Lewis,
late collector of Shelby county;
The engrossed bill amendatory to the several
acts now in force, regulating the writ of habeas cor-
pus;
The engrossed bill to locate a state road therein
named, and for other purposes; and
The engrossed memorial and joint resolution of
the general assembly of the state of Indiana, on the
subject of extinguishing the Indian title to land with-
in this state, and removing the Indians beyond the
Mississippi j
Were reverally read the third time and passed.
Ordered, That the said bills be entitled Jets;
And that the clerk carry the same, together
with the said memorial, to the senate, and ask
their concurrence therein.
The engrossed memorial from the senate to the
Congress of the United States, for the benefit of cer-
tificate holders of forfeited lands, within the state of
Indiana, was read the third time and passed.
L 3«8 ]
Ordered, That the clerk inform the senate thereof:
The engrossed bill for the relief of the citizens
of Daviess county, was read the third time, and re-
committed to a select committee of Messrs. Re&ri,
Johnston of K. and Mover.
The engrossed bill to repeal part
therein named;
Was read the third time and recommitted n
select committee of Messrs. Hoover, Finley nod
Jones.
And then the house adjourned, uutil Monday
morning 9 o'clock,
MONDAY MORNING, January 11, 183a
The house met pursuant to adjournment.
Mr. Herod presented a petition of Nathaniel Par-
ker and others, citizens of the counties of Mont-
gomery, Putnam and Park, praying the formation
of a new county, to be taken from the territory be-
longing to the counties aforesaid:
Which was read and referred to a select commit-
tee of Messrs. Herod, Gardner, Johnston of T.j
Beard, McNary, Hussey, Dixon and Evans.
Mr. Basset presented a petition of Benjamin
Walker ancf others, citizens of Dearborn county,
praying that the law on the subject of water crafts
going adrift, may be amended:
Which was read* and
Ordered To lie on the table.
Mr. Hendricks presented a petition of Samuel
Glasgow and others, citizens of Ripley and Jen-
nings counties, praying that a part of said counties
may be attached to the county of Decatur:
Which was read and referred to a select commit-
tee of Messrs. Hendricks, Smith, Pabody, Brown
and Davis of &
Mr. Smith presented a remonstrance of Amps
Stewart and others, citizens of Ripley county,
against the prayer of the above petitioners;
Which was read and referred to the same selec?
committee.
Mr. Jackson of D., presented a petition of William
Downing and others, citizens of Delaware county*
praying that the mode of doing county business in
said county, may be changed from justices of the
peace, to commissioners:
Which was read, and referred to a select commit
lee of Messrs. Jackson of D., Long and Jones
Mr. Davis of A., presented a petition of Lathrop
M. Taylor and others, citizens of the unorganized
territory on the St. Josephs, praying the formation
«f two new counties iu that region of the country*
to be called St. Joseph and Elk Hart:
Which was read, and referred to a select com-
mittee of Messrs. Davis of A., Hillis, Wallace of
F., Finiey, Johnston of T., Jackson of D. and
Hoover.
Mr. Smith presented a petition of Thomas Cur-
rin and others, citizens of Ripley county, praying
that Simeon Slawson, of the county of Switzer-
land, commissioner on the state road, No. 16, may
be removed from office, as such commissioner, for
reasons set forth in said petition:
Which was read, and referred to the committee
sn roads.
Mr. Dumont moved that said committee be au-
thorised to send for persons and papers on the above
subject:
Which motion was decided in the negative.
Mr. Wallace of J., presented the petition of
George W. Leonard and others, citizens of the
town of Madison, in said county, praying thai the
bounds of the incorporation of said town may be
extended :
Which was read, and referred to a select com-
[ mo j
n'rittee of Messrs. Wallace of J., Hillis and Du-
mont.
Mr. Davis of S., presented a remonstrance of
Ira Baily and others, citizens of the county of Shel-
by, against the relocation of that part of the state
road leading from Shelby ville to Andersontown,
which lies between Greenfield and Marion:
Which was read, and
Ordered To lie on the table.
Mr. Boon presented a petition of Joseph D.
Smock and others, citizens of Sullivan county, pray-
ing the relocation of the seat of justice of said
county:
Which was read, and
Ordered To lie on the table.
Mr, Rririden, from the committee on the judicia-
ry, to which was referred a resolution of the house
requiring said committee to enquire into the expedi-
ency of amending the law regulating r he jurisdic-
tion and duties of justices of the peace, so as to re-
quire appeals to the circuit court to be carried up
by the proper constable, allowing him fees for such
services, reported,
That in the opinion of said committee, such an
enactment would be inexpedient: they, therefore,
request to be discharged from the further considera-
tion of said subject:
Which was read and concurred in by the house.
Ordered^ That said committee be discharged from
the further consideration of said resolution.
Mr. Hall made the following report:
The judiciary committee, to whom was referred
a resolution of this house directing them to enquire
into the expediency of so amending the law defining
the duties of constables as to relieve that officer
from the necessity of paying the amount of forfeited
delivery bonds, before it can be collected by legal
process from the persons who may have executed
[311]
jaid hord, have had that subject under considera-
tion, und have directed me to report,
That they believe an alteration of the law, as
proposed in the resolution, should be made; but as
the subject is now before the house, in a bill pro-
viding for duties of justices of the peace, they pray
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 of said subject.
Mr. Herod, from the same committee, to which
was relerred a resolution of the house on the
subject of revising the laws of this state, re-
ported,
That they have had the same under consideration,
and are of opinion that any revision of the laws
at this time would be unnecessary:
Which report was read and concurred in by the
house.
Mr. Howk made the following report :
The judiciary committee, to whom was referred a
resolution of this house, directing an enquiry into
the expediency of so amending the law as to re-
quire persons prosecuting in behalf of the state be-
fore justices of the peace to pay all costs that may
accrue, in case the prosecution be not sustained,
have had that subject under consideration, and are
of opinion, that it is inexpedient to legislate on that
subject, and ask to be discharged from the further
consideration thereof.
Which report was read and concurred in by the
house.
Ordered, That said committee be discharged
from the further consideration of the said subject.
Mr. Herod, from the same committee to which
was referred the petition and accompanying docu
ments of Peter Kearnes, praying to be divorcee
from his wife, Sarah Ann Kearnes, reported unit,
7orable to the prayer of the petitioner:
Which report was read and concurred in by the
house.
Mr. Read, from the select committee, to which
was recommitted the bill for the relief of the citi-
zens of Daviess county, reported said bill with one-
amendment:
Which was read and concurred in by the house.
The said bill was then
Ordered To be engrossed, and read a third time
to-morrow.
Mr. Hoover, from the select committee, to which
was recommitted the bill to repeal part of an act
therein named, reported said bill with one amend
ment:
Which was read, and the said bill and amend
-ment,
Ordered To lie on the table.
Gn motion of Mr. Guiori,
Resolved, That the committee of ways and means
be instructed to enquire into the expediency of fix-
ing a day certain, when real estate may be sold for
taxes, which day shall not be before the second
Monday in October next ensuing, after such proper
ty becomes taxable.
A message was received from the senate, by Mr
Test, their assistant secretary, announcing,
That the senate has passed an engrossed joint
resolution relative to the Illinois grant, from the
house of representatives, with an amendment, in
which the concurrence of the house of representa-
tives is requested.
They have also passed engrossed bills, origina<
ting in the senate, entitled 'acts,' as follows, te
wit:
An act to improve the navigation of Lost river
White Water river, and other streams therein
named: and.
[3ISJ
An act for the relief of James Bali ;
In which Inst mentioned bills, the concurrence qs
ihe house of representatives is also requested.
On motion of Mr. Howk,
The house refused to concur in the amendment
proposed by the senate to the bill first mentioned in
said message.
Ordered, That the clerk inform the senate there-
of.
The second named bill in said message, was read
the first and second times, the rules of the house
having first been dispensed with; when,
Mr. Rariden moved to amend the same, by adding
the following as an additional section:
"That the sum of three hundred dollars be and
the same is hereby appropriated, out of the three
per cent, fund, for the improvement of a state road
from Centreville to Newcastle, via Jacksensburgh;
the same to be expended under the direction of
Ephraim Clark, of Wayne county.
Mr. Smith then moved to lay said bill and pro-
posed amendment on the table:
Which motion was decided in the negative.
The question recurring on Mr. Rariden's amend-
ment;
And the ayes and noes being requiredfthereon by
two members;
Those who voted in the affirmative, are,
Messrs. Armstrong, Beard, Boon, Evans, Finley, Guion,
Hamilton, Hendricks, Hoover, Jack, Jackson of D., Johnston
of T., Jones, Kinnard, Levenworth, Little, Long, Morrison.
Pollock, Rariden and Smiley, Speaker — 21.
And those who voted in the negative, are,
Messrs. Bassett, Bell, Bence, Blake, Brown, Casey, Coffin, Crume,
Davis ot A., Davi9 of S., Dixon, Dumont, Fite, Hall, He-
rod, Hillis, Howk, Hnssey, Jackson of S,, Johnston of K ,,
Ketcham, Kingsbury, Leviston, Logan, McNary, Moyer,
^oble, Pabody, Park9. Pennington. Polke, Read, Reitev.
40
[ 314 ]
Slaughter, Smith, Stewart, Wallace of F., and Wallace of J.
—38.
And so said amendment was not adopted.
Mr. Herod moved to amend said bill by adding
the following as an additional section thereto:
"That the sura of two hundred dollars be and the
same is hereby appropriated out of the fund afore-
said, to the improvement of the navigation of Fiat
Rock, from its junction with the east fork of White
river, to Drake's mill, in Shelby county, to be ex-
pended by and under the direction of Samuel Pat-
Bartliolomew county."
Mr. Brown moved to amend the said amendment
by striking out the words "Drake's mill, in Shelby,"
ami inserting in lieu thereof, the words "Smeltser's
mill m Rush:"
Which motion was carried in the affirmative.
The question recurring on Mr. Herod's amend-
ment, as amended, the same was decided in the
negative.
Mr. Read moved to amend said bill by adding
thereto the following, as an additional^ection:
"That the sum of two hundred dollars be appro-
priated out of the three per cent, fund, for the im-
provement of Indian creek, from the Martin county
line to its mouth; to be appropriated under the
care and superintendance of William Eaton, of
Martin county:"
Which motion was decided in the negative.
Mr. Smith moved to amend said bill by adding
thereto the following, as an additional section:
"That the sum of two hundred and fifty dollars
be and is hereby appropriated out of the three per
cent, fund, for the improvement of the navigation of
Laughery creek, and that Michael Fall, of Ripley
county, be the commissioner, whose duty it shall be
to apply such appropriation to the improvement of
Said creek, as is provided for by this act "
[3151
Mr. Wallace of J., moved to amend said amend-
ment, by striking out the words "two hundred and
fifty," and inserting in lieu thereof, the words "five
hundred:"
Which motion was carried in the affirmative.
The question recurring on Mr. Smith's amend-
ment as amended, the same was decided in the neg-
ative.
Mr. Morrison moved to amend said bill, by add-
ing thereto ihe following, as an additional section:
"That the sum of two hundred dollars be and the
same is hereby appropriated out of the three per
cent, fund, to remove obstructions in Silver creek,
in Clark county, from its mouth to Joseph Carr's
mill; and that John Williams be appointed com-
missioner, to superintend the same under the provi-
sions of this act:"
Which motion was decided in the negative.
Mr. Jackson of S., moved to amend said bill, by
adding thereto the following, as an additional sec-
tion:
"That the sum of two hundred dollars out of the
said three per cent, fund, be and the same is hereby
appropriated to improve the navigation of the east
fork of the river Muskackituck, from the mouth of
the north or Vernon fork of said east fork, to the
mouth of Graham's fork, on said stream; and that
William Harod, of Scott county be and he is hereby
appointed commissioner, to superintend the same:"
Which motion was decided in the negative.
Mr. Levenworth moved to amend said bill by add-
ing thereto, the following as an additional section:
"That the sum of one hundred and fifty dollars
be appropriated towards constructing a bridge
across Whiskey run, in Crawford county, where
the Salem road crosses said creek ; and that James
Spencer of said county, be authorised to draw the
money, and superintend the building of said
bridge."
t 31tr j
Mr, Hillis moved to amend said amendment, by
striking out. the words, "hundred and fifty," a
inserting in lieu thereof "thousand :"
Which motion was carried in the affirmative.
The question recurring on the said amendment as
amended:
ft was decided in the negative.
Mr. Bell moved to amend said bill, by adding
thereto the following, as an additional section:
"That the sum of three hundred dollars of the
three per cent fund, be appropriated to improving
the navigation of Big Blue River, from Frederirks-
burgh, to the mouth thereof; and that Thomas Da-
vis, seignor, of Harrison county, be appointed com-
missioner to superintend the same, who shall be
governed in all respects by the provisions of this
act."
Which motion was decided in the negative.
Mr. Rariden moved to amend said bill, by ad-
ding at the end of the last section thereof, the fol-
lowing proviso:
"Provided, That nothing in this act contained,
shall be so construed as to authorize the agent of
the said three per cent, fund, to pay the several sums
herein appropriated, until all sums heretofore ap-
propriated, shall have- been paid out of the said
fund :"
Which motion was decided in the negative.
The question recurring on passing said bill to a
third reading:
And the ayes and noes being required thereon by
two members;
Those who voted in the affirmative, are,
Messrs. Armstrong, Bassett, Bell, Bence, Blake, Boon, BrowDj
Casey, Coflin, Crume, Duvis of A., Davis of S , Dixon, Du-
mont, Evans, Finley, Gardner, Guion, Hall, Hamilton, Hen-
dricks, Herod, Hillis, Jack, Jackson ofD., Jackson ofS, John-
ston of T., Ketcham, Kingsbury, Kinnard, Levenworth, Levis
too, Logan, LoDg, McNary, Morrison, Moyer. Noble, Pabody,
[317 J
Parks, Pennington, Polke, Pollock, Read, Slaughter, Steward
Wallace of F Wallace of J. and Smiley, Speaker— 49.
And those who voted in the negative, are,
Messrs. Beard, File, Hoover, Howk, Ilussey, Johnston of K.»
Jones. Little, Randen, Reilev, and Smith. — 11
And so said bill passed to a third reading to-mor-
row.
The last mentioned bill in said message was
read the first time, and passed to a second reading
to-morrow.
Mr. Brown, from the joint committee on enrolled
bills, reported that they did on this clay, present to
the Governor, for his approval and signature, the
following enrolled bills, entitled acts, to wit;
An act to establish a state road from Middletown
in Shelby county, via Moscow, in Rush county, to
intersect the Brookville state road, at or near Eras-
mus Aldridge's; and
An act to establish a state road from Lake Mi-
chigan, by way of Indianapolis, to some convenient
point on the Ohio river.
And then the house adjourned until 2 o'clock
P. M.
2 o'clock, P. M
The house met pursuant to adjournment.
A message was received from the senate by Mr.
Test, their assistant secretary, announcing —
That the senate has passed an engrossed bill
from the house of representatives, entitled
An act for the relief of Claudius G. Brown, with
two amendments, in which the concurrence of the
house of representatives is requested.
The said amendments were then read and a-
greed to by the house.
Ordered, That the clerk inform the senate.
The following message was received from the
Governor, by Mr. Griffith, his private secretary:
Mr. Speaker:
lam requested by the Governor, to inform the
house of representatives, that he did, on this day,
approve and sign the following bills, viz:
An act to establish a state road from George
Kline's, in Franklin county, to the Lawrenceburgh