pose of improving the mail route from New Albany
to Evansville;

Mr. Hall, from the committee on the judiciary s
to which was referred a resolution 6f the house,
on the subject of fixing the time of hold ng courts
in the several judicial circuits in this state, report-
ed a bill in pursuance of said resolution:

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

Ordered, To lie on the table.

Mr. Herod, by leave of the house, presented a pe-
tition of Samuel M. Osborn and others, citizens of
She town of Columbus, praying that said town may
be incorporated ;

And also the remonstrance of Tiffin Davis and
others, citizens of said town, against the prayer of
the petitioners:

Which were read and referred to a select com-
mittee of Messrs. Herod, Pabody and Ketcham.

Mr. Bassett, fiom the committee on education, to
which was referred the communication from the go-
vernor, containing the resignation of Benjamin
Parke, as a visiter to the Indiana college, reported
38



[4101

a joint resolution, tilling the vacancy occasioned by
said resignation;

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

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

Mr. Brown, from the joint committee for enrolled
bills, reported,

That they did, on yesterday, present to the gover-
nor, for his approval and signature, the following
bill and joint memorial, to wit:

An act to authorize the collector of the revenue
of Jackson county, for 1829, to sell lands for taxes
due thereon, and for other purposes;

A memorial of the general assembly of the state
of Indiana to the congress of the United States, on
the subject of removing the obstructions to the na-
vigation of the Wabash, and White river with its
branches; and of improving the great western mail
route from Louisville, Kentucky, through New Al-
bany, Paoli, Mount Pleasant, Washington and
Vincennes, in this state.

Mr. Hoover moved the following resolution, viz:
Resolved, That this house will meet the senate in
the representative hall, to-morrow evening at two
o'clock, the senate assenting thereto, for the pur-
pose of electing the several judges and prosecutors,
to be elected at the present session of the general
assembly.

Mr. Evans moved to amend said resolution, by
striking out the words 'to-morrow evening,' and in-
serting in lieu thereof the words 'Monday evening
next;'

And a division of the question being called for
by Mr. Finley;

The same was put on striking out said words, and
carried in the affirmative.



Mr. fteiley then moved to fill the blank with tki.
#ords 'Wednesday evening next:'

Which motion was decided in the negative.

The question recurring on filling the blank as
proposed by Mr. Evans;

It was also decided in the negative.

The said blank was then filled with these words,
'Saturday evening next.'

The question recurring on the adoption of said
resolution as amended,

It was carried in the affirmative.

Ordered, That the clerk inform the senate there-
of.
And then the house adjourned until 2 o'clock P. M

2 o'clock, P. M.

The house met pursuant to adjournment.

Mr. Read, after having obtained leave, presented
a joint resolution, authorising the auditor of public
accounts to procure a list of relinquished and for-
feited lands from the land offices therein named:

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

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

On motion of Mr. Long,

The engrossed bill legalizing the proceedings of
-•he superintendent of a school section therein
named, was taken up, and passed.

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

On motion of Mr. Stewart,

The engrossed bill to legalize the proceedings ^f
the probate court of the county of Pike, and for
other purposes, was taken up, and passed.

Ordered^ That the same be entitled an 'act,' and



{bat the clerk carry it to the senate, and ask -their
concurrence therein.

Mr. Coffin asked and obtained leave to withdraw
the petition of Ira Glover, and the accompanying
documents, praying articles of impeachment
against William Hoggatt, clerk of the Orange cir-
cuit court.

On motion of Mr. Rariden,

The several orders of the day which precede the
engrossed bill from the senate, to provide for taking
the enumeration of the white male inhabitants
above the age of twenty-one years, in this state;
and the bill of this house on the same subject, were
for the present postponed.

The house then resolved itself into a committee
of the whole on said bills:

And after some time spent therein,
The speaker resumed the chair; and
Mr. Hendricks reported said bill from the house
with one amendment, and the bill of the senate
without amendment;
When,

The further consideration of the said bill of this
house was postponed indefinitely.

The amendment proposed in the committee of
the whole to the said engrossed bill from the senate^
was by striking out the same from its enacting
clause, which reads as follows, to wit:

Sec. 1 . Be it enacted by the General Assembly of the state of Indiana^
That it shall be the duty of the boards doing county
business in the several counties within this state, at
their May, or at some subsequent term thereof, in
the year one thousand eight hundred and thirty,
lo appoint some suitable person as lister in their re-
spective counties, to take the enumeration of the
white male inhabitants above the age of twenty-
one years, in their respective counties, agreeably
to the second section of the third article of the con-
stitution of this state.



Sec. 2. Every person so appointed as lister, K shaJi
previously to eniering upon the duties of his said
appointment, take an oath or affirmation faithfully
to discharge the duties enjoined on him, by the. pro-
visions of this act, before the clerk of the bonrd
making such appointment, who is hereby authorised
and required to administer the same; and it shall
be the further duty of said clerk, to fa-fee from the
said lifter, a bond, with at least two good freehold
securities in the penal sum of five hundred dollars,
payable to the state of Indiana, tor the use of the
proper county, conditioned for the faithful discharge
bv the said principal obligor, of all the duties en-
joined on him by this act, which said bond, after
having a certificate of the aforesaid oath or affir-
mation endorsed ther&on, shall be, by the clerk,
filed tn Ins office.

Sec 3. i( shall be the duty of the listers afore-
siid, after having been appointed, and qualified as
a foresaid, to proceed to take the enumeration re-
quired by <his act between the first day of Septem-
ber and the fifteenth' day of November next,, and
make out under his hand and seal, a fair list of the
names of all the inhabitants required to be so enu-
merated; and deposit the same in the clerk's office
of their counties, on or before the said fifteenth
day of November.

Sec. 4. It shall be the duty of the several clerks
aforesaid, forthwith after receiving the enumera-
tion list aforesaid, to make out a certificate of the
whole number of persons so enumerated, unde*
their respective hands and official seals, and trans-
mit the same to the office of the secretarv of state*
by the first Monday in December next ; and at the
same time make out, and deliver to each senator
and representative of the proper county, a like cer-
tificate, certifying the whole number of persons con=
tained in such enumeration list, under the penalty
of one hundred dollars, to be recovered against



[414]

*uch clerk on presentment or indictment, ih any
court having competent jurisdiction thereof, and
the same when recovered shall go to the use of the
county seminary of the proper county, and it shall
be the duty of said senators and representatives, to
carry and deliver said certificate to the secretary of
State on the first Monday of December then next
ensuing.

Sec. 5. Should it so happen that any of the list*
ers appointed under the provisions of this act, re-
fuse to act, remove from the county, resign, take
sick, die, or in any other way vacate said trust,
then and in that event it shall become the duty of
the proper board aforesaid, to convene in special
session, who are hereby authorised so to do and
proceed to fill such vacancy, in the manner pre-
scribed in this act, which successor when so ap-
pointed, shall be governed in all other respects, by
the provisions of this act.

Sec. 6. The listers appointed under, and pe»
forming the duties required by this act, shall be
allowed for their services, not exceeding at the
rates of three dollars for every hundred inhabitants
so listed in all counties where the number shall ex-
ceed one thousand; in all counties where the num-
ber exceeds five hundred, and not exceeding one
thousand, not exceeding at the rates of three dol-
lars and fifty cents for each hundred; and in all
other counties, not exceeding at the rates of four
dollars for each hundred, at the discretion of the
Boards respectively making the appointment, to be
paid out of any monies in the state treasury not
otherwise appropriated; and the clerks respectively
afaall certify the same under their seal of office to
the auditor of public accounts, who shall, thereup-
on issue his warrant on the treasury for the same.

Sec 7. The listers appointed in such counties as
rtjay have territory attached to them by law, merely
fdr civil and criminal jurisdiction, shall take the en-



1415]

Jmeratwn of inhabitants in such attached territ£, :
ry in the manner prescribed by this act, with thjft
difference only, that the names here alluded to
shall be entered on the concluding part of such list,
and a note of distinction made.

This act to take effect and be in force on the first
day of May next.

And inserting in Jieu thereof, the following, to
wit:

Sec. 1. That on or before the first day of Octo-
tober, of the present year, it shall be and is hereby
made the duty of each, and every clerk of the cir-
cuit court within, and for their respective counties
under the seal of their said courts to certifiy to thft
secretary of state the whole number of white male
paupers, and insane persons, and persons exempt
from a poll tax, who are not certified to the auditor
of public accounts, that belong to, or are inhabi-
tants of their several counties.

Sec. 2. That it shall be, and it is hereby made,
the duty of the auditor of public accounts, on or
before the second Monday in December, of the pres-
ent year, to certify to the secretary of state the
whole number of polls returned from each county,
for the present year.

Sec 3. That it shall be, and it is hereby made
the duty of the secretary of state, on the second
Monday of the next session of the general assembly,,
to furnish the speaker of the house of repre&enta*
tives, and the president of the senate, each, for the
inspection of their respective houses, with a certifi.
ed statement, exhibiting the whole number of polls
returned from each county, with the number of pau»
pers, insane persons, and persons exempt from ^
poll tax, who are not certified to the auditor of
public accounts.

Sec 4. That if the clerk of any circuit court in
this state, the auditor of public accounts, or the sec-
retary of state, shall refuse or neglect to dischargp



t 416 ]

vhe duties enjoined upon them by this act, he of
ihey,so offeiititng shall forfeit and pay for the use
of the county seminaries, the sum of fifty dollars to
be recovered by presentment or indictment, in the
circuit court having jurisdiction thereof, or on mo-
tion to be made by the circuit prosecutor for the
proper county.

Sec 5. That it shall be the duty of the several
listers for the present year, in making returns of the
polls in their several counties to distinguish and re-
port the whole number of persons of colour, who
may be included in their return, which shall also be
noticed bv the clerk in his report to the auditor of
public accounts, and by the auditor of public ac«
counts in his report to the secretary of stale, and by
the secretary of state in his report to bath houses
of the general assembly.

This act shall be in force from and after its pub-
Tication.

The question being then put,

Will the house concur in said amendment?

Ann 1 the ayes and noes being required thereon by
Cwo members:

Those who voted in the affirmative, are,,

Messrs. Armstrong, Bell, Bence, Boon, Casey, Coffin, Con-
ner, Davi? of S., Dixon, Finley, Fite, Guion, Hall, Hamilton,
Herod, Hoover, Howk, Jack, Jackson of S., Johnson of K., Jones,
Ketcham. Kingsbury, Levenworth, Leviston, Little, Logan,
Moyer, Pa»>.,d}, Pennington, Polke, Pollock, Read, Reiley,
Slaughter, Smith, Stewart, Wallace of F., Wallace of J., and
Smiley, Speaker — 40.

*&nd those who voted in the negative, are,

Messrs. Basset, Beard, Blake, Brown, Crume, Davis of A.j,
Gardner, F^endricks, Hillis, Husspy, Jackson of D., Johnston
of T., Kinnard, Long, McNary, and Noble— 16.

And so said amendment was concurred in by the
house.
Mr. Blake then moved to lay said bill on the table*:



1417]

Which motion was decided in the negative,

Mr. Rariden then moved farther to amend said
bill by adding thereto the following, as an additioal
al section:

'It shall moreover be the duty of the clerks of the
several counties of this state to certify the number
of polls that may not have been listed by the lister,
and that may have been assessed and listed by
the collector of state and county revenue on or be-
fore the first Monday in December next (1830) to
the secretary of state.'

Which motion was carried in the affirmative.

Mr. Beard moved to recommit said bill to a se-
lect committee, with instructions to amend it so as
to provide for returns of polls from new counties
destitute of clerks.

Which motion was decided in the negative.

The said amendments were then

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

The speaker laid before the house the following
crommunication from the governor:

Executive Department, }

Indianapolis, Indiana, Jan. 21, 1830.)

ROSS SMILEY,

Speaker of the Houae of Representatives:

SIR;
On the 20th inst. I received the following let-
ter of resignation from one of the prosecuting at-
torneys of this state, to wit:

Indianapolis, Ind. Jan. 20, 1830.

James B. Ray, Gov. of Ind.

Sir: By a late arrangement of the present gene-
ral assembly, regulating and increasing the judicial
circuits in this state, having been thrown into a
circuit in which, by virtue of my unexpired com-
missionof the third judicial circuit, I can no longer
53



L418]

cjrscharge the duties of prosecuting attorney for the
itatej therefore, as a just and necessary accommo-
dation to all concerned, 1 do cheerfully resign the
balance of my unexpired term as prosecuting attor-
ney of the third judicial circuit, that the vacancy
may be filled according to law.

Very respectfully,
Your ob't 9erVt;

MARTIN M. RAY.

Which I hereby communicate to the legislature,
I have the honor to be
Yr. obt. servt.

J. BROWN RAY.

A message was received from the senate, by Mr.
Test, their assistant secretary, announcing,

That the senate concur in the amendment pro
posed by the house of representatives to the en-
grossed bill of the senate, entitled

An act to provide for public printing, and forother
purposes.

The senate has passed an engrossed bill from the
house of representatives, entitled

An act providing for the relocation of the county
seat of Sullivan county;

With eight amendments, in which I am directed
to ask the concurrence of the hquse of represen-
tatives.

The senate has also passed an engrossed bill,
originating in the senate, entitled

An act to regulate the mode of doing county bu-
siness in the several counties in this state:

In which also they request the concurrence of the
house of representatives.

The first amendment proposed by the senate, to
the second named bill in said message, was read
and disagreed to by the house.

The second, fourth, fifth, sixth, seventh and
eighth amendments proposed by the senate to said



1 410 j

m were severally read, and concurred in by tfc
house; and

The third amendment proposed by the senate to
said bill was read and agreed to, with an amend-
ment.

Ordered, That the clerk inform the senate there-
of, and ask their concurrence in the amendment
proposed by the house to the senate's third amend-
ment to said bill.

The last mentioned bill in said message, concern-
ing the mode of doing county business, was read
the first and second times, the rules of the house
having first been dispensed with,

When,

Mr. Wallace of J., moved to postpone the fur-
ther consideration thereof, until the first Monday in
December next.

And the ayes and noes being required thereon b^
two members :

•
Those who voted in the affirmative, are r

Messrs. Armstrong, Bassett, Bell,Bence, Casey, Coffin, Davig
of A., Dixon, Dumont, Evans, File, Guion, Hendricks, Herod,
Hillis, Jack, Ketcham, Kingsbury, Levenworth, Leviston,
Little, Logan, McNary, Morrison, Moyer, Pabody, Pennington,.
Polke, Pollock, Slaughter, and Wallace of J.— 31.

And those who voted in the negative, are,

Messrs. Beard, Brown, Conner, Crume, Davis of S., Finleyj
Hall, Hamilton, Hoover, Jackson of D., Jackson of S.,
Johnston of K., Jones, Kinoard, Long, .-Read, Reiley, Smithy
Stewart, Wallace of F., and Smiley, Speaker— 21.

And so said motion was carried in the affirma-
tive.

Mr. Morrison from the joint committee for enrolled
bills, reported

That they have compared the enrolled with tbe
engrossed bills, entitled,

An act for the relief of Martha McBride*



[42*0}

An act for the better support of the poor in Floyti
county;

An act extending the corporation of Madison ;

An act for the appropriation of money to aid in
building a bridge over Plumb creek;

An act to establish a state road from Evansville
to Anthony's ferry:

And find the same truly enrolled.

When,

The speaker signed said bills.

Ordered, That the clerk carry them to the sen-
ate, for the signature of their president.

Mr. Morrison, after having obtained leave, pre-
sented a bill relative to marriage license:

Which was read the first and second times, the
*«les of the house having first been dispensed with*

When,

Mr. Smith moved to commit it to a committee of-
the whole hose for to-morrow.

Which motio'n was decided in the negative,

The said bill was then

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

And then the house adjourned until to-mortov?
snorning 9 o'clock.



FRIDAY MORNING, January 22, 183CL

The house met pursuant to adjournment.

Mr, Ketcham presented a petition of John W fc
Lee, of Monroe county, praying compensation for
apprehending Simon R. Moore, a fugitive from jus-
licet

Which was read and referred to the committee orv
claims.

On motion of Mr. Ketcham



f421]

Mr. Morrison was added to the committee on
cJaims,

Mr. Hillis, from the committee on elections, to
which was referred a resolution of the house, in-
structing them to enquire into the expediency of re-
poitiug a bill providing for taking the sense of the
people at the next general election of this state-,
whether they wish to call a convention to modify
the constitution so as to provide for a biennial
meeting of the legislature, &c. reported

That they have had that subject under consider*
ation, aud are of opinion that it is inexpedient tc
le;? slate upon it at this time.

Which report was read, ard

Ordered To lie on the table.

Mr. Howk made the following report:

The committee on. the affairs of the state prison^
to whom was referred a resolution of this house, di-
recting an enquiry as to the propriety of making
provisions by law for a distribution w the hire of
the state prison among ihe subscribers for building
the same, or for refunding to said subscribers the
amount by them respectively advanced, have had
that subject under their consideration, and are of
opinion that the act authorising the building said
prison, gave to individuals, who contributed for the
construction of the same, an interest in said prison
proportionate to the amount by them respectively
paid; subject however to be divested by any future
legislature, by compensating the subscribers for
the value of said interest; to be estimated by three
disinterested persons to be appointed for that pur-
pose by the judges of the supreme court; that un-
der the provisions of said act, several persons re»
siding in the town of Jeffersonville and its vicinity,
became subscribers for the building of said prison,
and paid abont $970.00 for the same, as your com-
mittee are informed. That by the act of 1824, re-
lative to said prison, the board of managers of said



[ 42*2 T

prison was abolished, and the management of said
prison vested in the state under the direction of the
executive, without making any provisions for the
interests of those persons who had contributed in
the erection of the same. Your committee are there-
fore of opinion that the subscribers for building said
prison have a just and legal claim upon the state, to
be compensated for the interest which they held in
common with the state in said prison, and of which,
by the act of 1824, they were divested, and have in-
structed me to report a bill for their relief; which is
herewith submitted.

The said bill mentioned in said report, was
read the first time, and passed to a second reading
to-morrow.

A message was received from the senate by Mr.
Test, their assistant secretary, announcing,

That the senate has adopted the following reso-
lution, to wit:

Resolved, That the senate, in pursuance of the
resolution of the house of representatives on that
subject, will meet the house of representatives in
their hall, at two o'clock in the afternoon of Satur-
day, the 23d inst., for the purpose of electing presi-
dent judges of the circuit courts, and prosecuting
attorneys, to be elected at the present session of
Che legislature.

Mr. Logan from the committee on claims, to
which was referred a petition of Nathaniel Cox,
praying compensation for services rendered in ex-
ploring White river, reported,

That they have had the same under considera-
tion, and recommend the adoption of the following
resolution:

Resolved, That the committee of ways and means
be instructed to allow to Nathaniel Cox, in the spe-
cific appropriation bill, the sum of sixteen dollars
and fifty cents.



f 423 ]

Which report was read and concurred in by ti^.
bouse.

Mr. Finley from the select committee, to which
was referred the petition of Benjamin Perdue and
others, on the subject of a road therein named, re-
ported, that in the opinion of said committee, it is.
inexpedient to legislate on that subject, at this
time.

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

Mr Johnston of T., from the select committee, to
which was referred the petitions and remonstrances,,
together with an engrossed bill from the senate, to
provide for the relocation of the seat of justice of
Fountain county, reported, that it would be inexpe-
dient to legislate any further on that subject at this
time.

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

The further consideration of the bill mentioned
in said report was then postponed until the first
Monday in December next.

On motion of Mr. Boon,

The vote taken on^esterday, agreeing to the third
amendment, as amended by the house, proposed by
the senate, to the engrossed bill providing for the
relocation of the seat of justice of Sullivan county,
was reconsidered.

The question recurring on agreeing to said
amendment;

It was decided in the negative.

Mr. Hall, after having obtained leave, presented
a bill for the benefit of the inhabitants of a certain
township therein named;

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

Ordered To be engrossed, aftd read a third Jime
t-o-morrow.



[424]

&n motion of Mr. Read,

The bill to provide for the erection oi an asylum
m each judicial district, was taken up;

When,

Mr. Hall moved to postpone the further consider
ation of said bill until the first Monday in Decern