state road, on the west side of Flat Rock, in Deca-
tur county ;

An act supplementary to an act, entitled an act
fpr the opening a state road in the county of Allen;
An act to incorporate the Jefferson county semi-
nary society;

And that he did, on the 9th inst. approve and
sign,

A joint resolution relative to the three per cent,
fund.

Mr. Conner, who obtained leave of absence, on
Saturday last, from the services of the house until
this day, appeared and took his seat.
On motion of Mr. Blake,

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 part 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 joint resolution, and after
some time spent therein, the speaker resumed the
chair, and Mr. Bence reported the said joint resola-
tion from the senate, without amendment; and the
said joint resolution of the house with one amend-
ment.

The said joint resolution from the senate was
then ordered to lie on the table; and the amend-



JT319 1

tnent made in committee ofthewlroie, to thre jbirft
resolution of this house, was read and concurred in
by the house.

Mr. Rariden then moved further to amend said
joint resolution, by adding thereto the following
proviso:

"Provided, however, That nothing herein contain-
ed, shall be deemed or taken as a pledge on the
part of the state of Indiana, ever to appropriate
more out of the state treasury, than a sum equal to
the amount of monies derived from the sale of the
lands donated by Congress, for the construction of
said canal, for its completion.

Mr. Pennington moved to amend said amendment
by striking out the whole thereof, from the words
"shall be," and inserting in lieu thereof, the follow^
ing words, "in any wise construed, so as to pledge
the faith of the state, any further than the amount of
the sales of the lands donated for the construction-
of said canal."

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

Those who voted in the affirmative, are,

Messrs. Bell, Bence, Coffin, Conner, Finley, Fite, Hall, Hani
ilton, Herod, Howk, Jack, Jackson of S., Jones, Kingsbury,
Levenworth, Leviston, Little, Logan, Long, Morrison, Moyer,
Pabodv, Parks, PenningtoD, Polke, Slaughter, and Smiley, S peak-
er— 27.

Jind those who voted in the negative, arc,,

Messrs. Armstrong, Bassett, Beard, Blake, Boon, Brown, Ca "
sey, Crume, Davis of A., Davis of S., Dixon, Dumon*, Evan?
Gardner, Guion, Hendricks, Hillis, Hoover, Hussey, Jacksou
of D., Johnston of K , Johnston of T., Ketcham, Kinnard, McNa.
ry, Noble, Pollock, Rariden, Read, Reiley, Smith, Stewart- .
Wallace of F. and Wallace of J.,— 34.

And so said motion was decided in the negative;

Mr. Kinnard then moved to lay said joint resol-
tion and proposed ameudment on the table;



[620]

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

Those who voted in the affirmative, are,

Messrs. Conner, File, Hamilton, Herod, Howk, Kingsbury.
Kinnard, Levenworth, Leviston, Moyer, Pennington, and Polke
— 12.

Jlnd those who voted in the negative, are,

Messrs Armstrong, Bassett, Beard, Bell, Bence, Blake, Boon.
Brown, Casey, Coffin, Crume, Davis of A , Davis of S., Dix
on, Dumont, Evans, Finle* , Gardner, Guion, Hall, Hendricks,
Hillis, Hoover, Hussey, Jack, Jackson of D , Jackson of S.,
Johnston ofK., Johnston of T, Jones, Ketcham, Little, Long.
Logan, MrNary, Morrison, Noble, Pabody, Parks, Pollock,
Rariden, Read, Reiley, Slaughter, Smith, Stewart, Wallace
of F., Wallace of J. and Smiley, Speaker— 49.

And so said motion was decided in the negative.

The question recurring on Mr. Rariden's amend-
ment ;

Aijd the aj'es and noes being required thereon by
two members;

Those who voted in the affirmative, arc,

Messrs. Bence, Coffin, Finlev, Fite, Hall, Hamilton, Hoov.er.
Howk, Jackson ofS,J'nes. Kingsbury, Kinnard, Levenworth*
Little, Logan, Moyer, Pabody, Parks, Rariden, and Slaughter.
—20.

Jlnd those who voted in the negative, arc,

Messrs. Armstrong, Bassett, Beard, Bell, Blake, Boon, Brown s
Casey, Conner, Crume, Davis of A., Davis, of S-, Dixon.
Dumoot, Evans, Gardner, Guion, Hendricks, Herod, Hillis.
Hussey, Jack, Jackson of D , Johnston of K., Johnston ol j\,
Ketcham, Leviston. Long, McNary, Morrison, Noble, Penning'
ton, Polke, Pollock, Read, Reiley, Smith, Stewart, Wallace
of F., Wallace of J., and Smiley, Speaker. — 41.

And so said amendment was not adopted.
Mr. Fite moved to amend said joint resolution by
adding the following proviso:



[ 321 ]

"Provided, That the faith of the state shall not
be pledged in any event to resort to loan or taxation
for the completion of the canal.

And the ayes and noes being required thereon by
Hvo members;

Those who voted in the affirmative, are,

Messrs Bell, Beoce, Coffin, Conner, Finley, Fite, Hall, Ham-
ilton, Herod, Hoover, Howk, Jack, Jackson of S., Jones, Kings-
bury, Kinuard, Levenwortb, Leviston, Little, Logan, Long, Mor-
risou. M'.yer, Pabody, Parks, Pennington, Polke, Rariden,
Slaughter and Smiley, Speaker — 20.

And those who voted in the negative, are,

Messrs. Armstrong, Bassett, Beard, Blake. Boon, Brown,
Casey, Grume, Davis of A., Davis of S , Dixon, Dumont,
Evans, Gardner, Guion, Hendricks, Hillis, Hussey, Jackson of
D., Johnston of K, Johnston of T., Ketcham, McNary , Noble,
Pollock, Read, Reiley, Smith, Stewart, Wallace of F., and
Wallace of J.— 31.

And so said motion was decided in the negative.

On motion of Mr. Blake,

The said joint resolution, as amended, was con-
sidered as engrossed and read the third time.

And on the question being put, "shall said joint
resolution pass?''

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

Those who voted in the affirmative, are,

Messrs. Armstrong, Basset, Beard, Blake, Boon, Brown, Ca
sev, Conner, Crume, Davis of A, Davis of S., Dixon, Dumont
Evans, Gardner, Guion, Hendricks, Herod, Hillis, Hussey, Jack
Jackson of D., Johnson of K., Johnston of T., Ketcham, "Kin
nard. Long, McNary, Morrison, Noble, Pollock, Read, Reiley
Smith, Stewart, Wallace of F., Wallace of J. and Smdey, Spea
ker— 38.

And those who voted in the negative, are,

Messrs. Bell, Bence, Coffin, Finley, Fit-e, Hall, Hamilton, Hog
ver, Howk, Jackson of S., Jones, Kingsbury, Levenworth, Lev-
iston, Little, Logan, Moyer, Pabody, Parks, Pennington, Polke-
Rariden, and Slaughter — 22.

And so said ioint resolution passed
41



[ 322 j

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

And then the house adjourned until to-morrow
morning, d o'clock.



TUESDAY MORNING, January 12, 1850.
The house met pursuant to adjournment.

Mr. Long presented a petition of Elias Hoddy
and others, citizens of the county of Hamilton,
praying an amendment to the road law:

Which was read, and committed to the same
committee of the whole house, to which is commit-
ted a bill on the same subject.

Mr. Kinsbury presented a petition of William Do-
volin and others, citizens of Washington county,
praying that the law declaring Twin creek a public-
high way, may be repealed:

Which was read, and referred to a select com-
mittee of Messrs. Kingsbury, Logan, Little, Parks
and Hamilton.

Mr. Kingsbury also presented a remonstrance of
Elijah Driskell, against the prayer of the said peti-
tioners:

Which was read and referred to the same select
committee.

Mr. Conner presented a petition of Isaac K,
Finch and others, of the county of Madison, pray-
ing that the leases made by the said Finch, as su-
perintendent of the school section, in township 19,
range 8 E. may be legalized:

Which was read and referred *o the committee on
the judiciary.

Mr. Ketcham presented a petition of James
Mitchell, on the subject of the colored population
of the United States:



[323j

Which was read, and

Ordered To lie on the table,

Mr. Reiley, from the committee of ways and
means, to which was referred a resolution of the
house, instructing them to enquire into the expedi-
ency of authorising by law, regularly licensed ferry-
keepers, to retail spirituous liquors under the same
license, reported,

That the same is inexpedient.

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

Mr. Bassett, from the committee on education, to
which was referred a resolution of the house, di-
recting them to enquire iruo the expediency of ad-
mitting all poor orphans to become students in the
Indiana college, free of tuition fee; and also all
poor persons under the age of twenty-one year:*,
that may be adjudged, by the board doing business,
to be destitute o( the means of acquiring an educa-
tion, reported,

That they have had the same under considera-
tion, and are of opinion, however desirable it may
be to have the youth of our country, universally, ed-
ucated, that the funds of the college are wholly in-
sufficient to carry the objects of the said resolution
into effect; and that a regulation, as contemplated
in the resolution, would not be of any beneficial
purpose to the public, but must necessarily be par-
tial in its operation ; inasmuch as the tuition consti-
tutes but a small item in the expense attendant up-
on a course of collegiate studies: the advantages
of such a regulation would therefore only be ser-
viceable to those who should reside in the immedi-
ate vicinity of the institution, where most of the
incidental expense, other than the tuition, might
be avoided. And that therefore any legislation on
the subject would be inexpedient; and ask to be
discharged from the further consideration of the
subject:



[ 324 ]

Which was read, and

Ordered To lie on the table.

Mr. Kinnard made the following report, vie.

The standing committee on the affairs of the
town of Indianapolis, to whom was referred a reso-
lution, directing an enquiry into the expediency of
preparing for the commencement of a state house
in said town, respectfully report,

That they have taken that subject into their par-
ticular consideration, and have arrived at conclu-
sions favorable to the object of the resolution. It
is evident that the present necessity for more capa-
cious apartments for the sessions of the legislature,
will be greatly increased, in consequence of an in-
crease of the number of members of this body.
Some inconvenience also arises from the state and
county authorities being mutual occupants of the
court house. The erection of a state house appears
to your committee, to be the only means of remov-
ing these and other difficulties, likely to grow out
of the present state of things. The question, as to
the time when this important work should be com-
menced, seems to admit of less diversity of opin-
ion, than that as to the appropriate style and size of
the building; which your committee believe ought
to bear a near proportion to the means that will be
at the disposal of the legislature. As these means
must accrue from the public property at this place,
they mu?t equal the measure of its value, which is.
in a great degree, within the control of the General
Assembly. Much seems to depend upon the promp-
titude with which the Indianapolis fund may be ap-
propriated to the purposes to which it stands pledg-
ed. Measures, having this desirable end in view,
conceived with prudence, and conducted with ener-
gy and judgment, would have a tendency to stim-
ulate the growth and insure the prosperity of the
town. By such a disposition of the funds now on
hand, we should evince the operation of senti-



[ 325 ]

ments of liberality and justice towards those wht.
have purchased lots at high prices, under the con-
fident expectation of the speedy completion of
those improvements, which were projected when
the seat of government was established, and which
were held forth, as inducements for the investment
of capital in the purchase of public property. The
adoption of the policy here recommended, would
also aflford an earnest of a laudable spirit of im-
provement, which would be the means of exped -
ting the sales of lots, and of enhancing the value
of all descriptions of property, both private and
public. As the results of such a policy would be
mutually beneficial to the state and the town of
Indianapolis, as well as to the adjacent country,
we may expect a harmony of opinion, and a reci-
procal good feeling among all parties concerned.

The committee are not able to estimate, with
any great degree of exactness, the amount of future
proceeds, as much depends upon the policy which
may be pursued. The accounts of former sales, in
connection with a knowledge of the induce-
ments operating upon purchasers, form perhaps the
best data, which can be obtained. Two hundred
and seventy-four lots yet remain to be disposed of,
including many among the most valuable, particu-
larly those lying adjacent to the state house square,
many of which have been sold, and were after-
wards forfeited; a strong proof of the certainty of
forfeitures, when improvements do not progress.
According to the average price, at which the for-
feited ones were first bid off, they would bring about
$37,000. But at least one half of that sum may
be expected from this source. Seventy-four blocks
and out-lots having been disposed of for the sum of
$6,713; eight yet remain the property of t!ie state,
and will probably bring the sum of about §'700.
There will still remain about 1,700 acres of the
donation, which may be considered among the



[ 326 J

mast valuable landed property in the state, from
which we may expect to realize the average sum
of $ 15 per acre. The value of the public ferry
cannot be properly estimated; but considering the
sum for which it is now rented, the state may real-
ize $150 per annum, after the expiration of the
present contract with Mr. Dunning, which will close
in March next. The committee therefore present
the following estimate of the funds now on hand,
and of future proceeds:

Amount on hand, $ 3,307.00

Outstanding debts, which are to

be paid within 1830, 4,500.00

Within 1831, 3,600.00

1700 acres of land at $ 15 per

acre, 25.500.00

Sale of lots, 18.00000

" blocks, -400.00

Rents and timber for 1830, 400.00

House at the ferry, if sold at the

end of five years, 700.00

Proceeds of the ferry, if rented

with the house for the term of

five years, at $150 per annum, 750.00

Total, $57,057.00

Thus, it appears, we may calculate upon ample
means for completing a state house of such dimen-
sions, and upon such plan, as will be suited to the
character of the state, without resorting to taxa-
tion upon the people.

In a bill herewith submitted, the agent of state
for the town of Indianapolis, is directed to procure
plans and drafts of buildings of this kind, together
with estimates of expense accordingly. Being a
work of much importance, this cautiooary step
seemed to be proper, in order to avoid those errors.



[327]

which a want of prudence and foresight may com-
mit. This course will have a tendency to give no-
toriety to the undertaking; and by drawing the at-
tention of mechanics to the subject, will increase
the number of bidders for the contract. The public-
spirit and intelligence of the agent, Mr. Sharpe,
justify the fullest confidence that the task of fixing
ou a proper plan for the stale house, will be dis-
charged in an unexceptionable manner. It is also
made his duty to give public notice of such plan,
and to receive sealed proposals, accompanied with
bond and security, for the performance of the work,
which the committee are of opinion, should all be
let out under one contract, in order to avoid colli-
sions and disputes, which would be almost certain
to arise among different and separate undertakers.
Should a commencement even now be made, the
committee are of opinion the state house cannot be
prepared for the reception of the general assembly,
short of three years. The foundation should be of
stone, and should be laid before the next winter,
that it might properly settle, against the next ensu-
ing summer, when the walls should be erected and
covered — great care being taken to have the tim-
bers of the most durable quality, and properly seas-
oned, and to prevent the use of bad materials.

The waste committed upon the timber, and the
necessity ofproviding the means of keeping the pub-
lic improvements in a state of constant progress, in
the opinion of the committee, require a sale of lots,
and of lands. Another consideration is, that when-
ever those lands become private property, impor-
tant improvements will be made in the immediate
vicinity of the seat of government, and the forest by
which it is now in part surrounded, will be placed
in a high degree of cultivation.

In reference to a resolution instructing the com^
mittee to enquire into the expe^iencv of renting ov.'



[ m ]

for a definite period, the Governor's house, or of ap-
propriating the same until otherwise disposed of, to
the use and occupation of the officers of state, the
committee report, that they believe it is inexpedient
to dispose of the building in that manner.

On the subject of a resolution directing the com-
mittee to enquire into the expediency of providing
means for furnishing the Governor's house, they re-
port: That if the legislature is resolved upon the
policy of providing and furnishing a house for the
residence of the executive of state, there is every
reason in favor of making an appropriation, for that
purpose, at the present time. The committee are
also of opinion that a suitable enclosure should be
erected, around the building; considering that mat-
ter as connected with the subject of the resolution,
they have provided for it, in the bill herewith repor-
ted. Should it not be the determination of the leg-
islature to prepare it for the residence of the Gover-
nor, your committee would then suggest the expedi-
ency of disposing of it for seminary purposes, to the
county of Marion, if the same be practicable.

All of which is respectfully submitted.

Mr. Kinnard also, from the same committee, re-
ported a bill to provide for the erection of a state
house in the town of Indianapolis, and for other pur-
poses;

Which was read the first and second times, the
rulesof the house having first been dispensed with,
and committed to a committee of the whole house
for to-morrow.

Ordered, That one hundred copies of said report
and bill, be printed for the use of the members of
this house and senate.

Mr. Hoover, from the select committee to which
were referred sundry petitions of the citizens of
Wayne county, on the subject of a turnpike road
from Richmond, in said county, to Rossville and



[329 J

Hamilton, in Butler county, Ohio ; reported, a bill in
pursuance of the prayer of said petitioners:

Which was read the first and second times, the
rules of the house having first been dispensed with,
when

Mr. Randen moved to amend said bill by adding
thereto the following proviso:

"Provided, however, That the county authorities of
the county of Wayne, for the use of said coun.y oi
any company duly authorized for that purpose, sbuij
be allowed and authorized to intersect said road, a-
any point within thesaid county, by another turnpike
road commencing at the town of Centreville, in
Wayne county:

Which motion was carried in the affirmative.

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

Mr. Fite, after having obtained leave presented a
bill to incorporate the town of Jeffersonville in the
county of Clark:

Which was read the first and second times, the
rules of the house having first been dispensed with,
and committed to a committee of the whole house,
for to-morrow.

Mr. Logan, after having obtained leave, present-
ed a bill for the formation of the county of High-
land, which was read the first time, when

Mr. Hamilton moved to reject the same;

Which motion was decided in the negative.

The said bill then passed to a second reading to-
morrow.

On motion of Mr. Slaughter,

The bill for the relief of Walter Pennington and
for other purposes, was taken up and recommitted to
a select committee, of Messrs. Slaughter, Bell and
Herod.

On motion of Mr. Little,

The several orders of the dav, which precede the
42



[330 j

engrossed bill from the senate, entitled an act requi-
ring the commissioners of the reserved townships of
land in Gibson and Monroe counties, to reduce the
minimum prices thereof:

Were for the present postponed; and the com-
mittee of the whole house, to which said bill had
been committed, was discharged from the further
consideration thereof.

The said bill then passed to a third reading 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 house then proceeded to consider the orders
of the day.

The bill for the relocation of the county seat of
Sullivan county, was read the second time, and or-
dered to lie on the table.

The bill to locate a state road from Troy, in
Perry county, to Washington in Daviess county.

The bill to amend the act, regulating the prac-
tice in suits-at law.

The joint resolution on the subject of the deaf
and dumb, within this state: and

The bill to incorporate the Franklin county sem-
inary society, were severally read the second time,
and

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

The engrossed memorial from the senate, to the
Congress of the United States on the subject of cer-
tain saline reserves: and

The engrossed bill from the senate, entitled an
act, for the relief of James Ball;

Were severally read the second time and passed
to a third reading to-morrow.



[331]

The bill to establish a state road from Evansville,
to Anthony's ferry, and for other purposes, was
read the second time and committed to a committee
of the whole house for to-morrow.

The engrossed bill for the relief of Samuel Pos-
tlewait, of Daviess county:

The engrossed bill to provide for changing apart
of the state road, from Mauk's ferry, to Indianapo-
lis:

The engrossed bill for the appropriation of money
to aid in building a bridge over Plumb creek:

The engrossed bill to legalize and establish the
original survey of the town of Lafayette, in the
county of Tippecanoe; and

The engrossed bill for the relief of the citizens of
Daviess county, were severally read the third time
and passed.

Ordered, That said bills be entitled Acts, and
that the clerk carry the same to the senate, and ask
their concurrence therein.

The engrossed memorial relative to a granj of
land to improve the Mail route, from New Albany
to Evansville, was read the third time and passed.

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

The engrossed bill to relocate part of the state
road from Shelbvville to Andersontown, was read
the third time, and recommitted to the same select
committee, who reported it:

And the remonstrance of Ira Bailey, and others,
citizens of Shelby county, against the said reloca-
tion, was taken up and referred to the same select
committee.

Engrossed bills from the senate, of the following
titles, to wit: #

An act to incorporate the Greencastle seminary
society: and

An act concerning clerk's offices:

Were severally read the third time and passed.



[ 3S± j

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

The engr ssed bill from the senate entitled an
act to improve she navigation of Lost river, White
Water river and other streams therein named, was
read the third time ; and

The question being put, shall sa^d bill pass?

And the ayes and noes being required thereon by
J wo members;

Those who voted in the affirmative, are,

Messrs. Armstrong, Bussett, Beoce, Blake, Boon, Brown, Ca
?ey, Coffin, Conner, Crutne, Davi9 of A., Davis of S., Dixon
Dunaont, Evans, Finley, Gardner, Guion, Hall, Hamilton
Hendricks, Hillis, Jackson of D., Jackson of S, Ketcham
King9bury, Kinnard, Levenworth, Leviston, Logan, Long
McNary, Moyer, Noble, Pabody, Parks, Pennington, Polkc
Pollock, Read, Slaughter, Smith, Stewart, Wallace of F., Wal
lace of J. and Smiley, Speaker — 46.

And those who voted in the negative, are,

Messrs. Beard, Bell, Fite, Herod, Hoover, Howk, Hussey,