on the right of the speaker's chair.
When,
The speaker appointed Mr. Brown teller, on the
part of the house.
Ordered^ That the clerk inform the senate thereof.
The following message was received from the
senate by Mr. Test, their assistant secretary:
Mr. Speaker:
I am instructed by the senate to inform the
house, that the senate has adopted the following
resolution, to wit:
Resolved, That the senate, according to an invi-
tation, do now inform the house of representatives;
that the senate is ready to proceed to the election
[440 j
of circuit "judges, and circuit prosecutors; and tha'e
James Gregory is appointed teller on the part of the
senate.
The senate then came down from their chamber,
and took their seats on the right of the speaker's-
chair, and the president of the senate on the right
of the speaker.
The two houses then proceeded by joint ballot, to
the election of a president judge, for the sixth judi-
cial circuit;
And on counting the ballots, it appeared that
Charles H. Test, received 42 votes for that office';
Martin M. Ray, 35 votes;
Scattering, 4 votes.
Charles H. Test having received a majority of
the whole number of votes given, was, by the presi-
dent of the senate, in presence of both houses of the
general assembly, declared duly elected president
judge of the sixth judicial circuit, within the state
of Indiana, for the term of seven years from and af-
ter the 23d clay of January, 1830.
The two houses then proceeded by joint ballot,
to the election of a president judge for the seventh
judicial circuit: and
On counting the ballots, it appeared that
John Law received 55 votes for that office;
Henry Hurst, 23 votes;
Scattering, 4 votes.
John Law, having received a majority of the
whole number of votes given, was, by the president
of the senate, in presence of both houses of the gen-
eral assembly, declared duly plec ed president
fudge of the seventh judicial circuit within the stnte
of Indiana, for the term of sevLii years from and
after the 23d day of January, 1830.
The two houses then proceeded by joint ballot,
to the election of a prosecuting attorney, for the first
judicial circuit ;
f441']
And on counting the ballots, it appeared that
Edward A. Hannegan received 55 votes tor that
office ;
AlbertS. White, 25 votes;
Scattering, 2 votes.
Edward A. Hannegan, having received a major-
ity of the whole number of votes given, was, by the
president of the senate, in presence of both hous-es
of the general assembly, declared duly elected pro-
secuting attorney for the first judicial circuit, for (he
term of two years, from and after this day.
The two houses then proceeded by joint ballot to
the election of a prosecuting attorney, for the
third judicial circuit;
And on counting the ballots, it appeared that
James F. D.Lanier received 50 votes for that of-
fice;
Merrit S. Craig, 27 votes;
Scattering, 5 rotes.
James F. D. Lanier, having received a majority
of the whole number of votes given, was, by the
president of the senate, in presence of both houses
of the general assembly, declared duly electe< pro-
secuting attorney for the third judicial circuit, for
the term of two vears, from and after this day.
The two houses then proceeded by joint ballot,
to the election of a prosecuting attorney lor the
sixth judicial circuit;
And on counting the ballots, it appeared that
James Perry received 47 votes for that office;
Samuel C. Sample, 30 votes;
Scattering, 5 votes.
James Perry, having received a majority of the
whole number of votes given, was, by the president
of the senate, in the presence of both houses of ?he
general assembly, declared duly elected prosecuting
attorney for the sixth judicial circuit, for the term of
two years, fro i and after this day.
The two houses then proceeded by joint ballot,
56
£ 442 j
io the election of a prosecuting attorney, lor the
seventh judicial circuit; .
And on counting the first ballot, it appeared that
Elisha M. Huntington received 41 votes for that
office ; and
Cravin P. Hester, 41 votes.
Neither of whom having received a majority ofth'e
whole number of votes given, the two houses pro*
seeded to a second balloting; and
On counting the second ballot, it appeared that
Elisha M. Huntington recived for that office 42
votes;
And Cravin P. Hester, 40 votes.
Elisha M. Huntington, having received a majori-
ty of the whole number of votes given, was, by the
president of the senate, in presence of both houses
of the general assembly, declared duly elected pro-
secuting attorney for the seventh judicial circuit, for
the term of two years from and after this day.
The senate then rethed to their chamber.
And the house adjourned until Monday morn-
ing 9 o'clock.
MONDAY MORNING, January 25, 1830.
The house met pursuant to adjournment.
Mr. Hendricks presented a petition of Samuel
Meek and others, citizens of Decatur county, pray-
ing that the state road leading from Rushville to
Lawrenceburgh, established at the last session of
the general assembly, may be vacated:
Which was read, and
Ordered To lie on the table.
Mr. Jackson of D., presented a remonstrance of
Alexander Spencer and others, citizens of Dela-
ware county, against attaching any part of said
"ounty, to the county of Madison:
[443]
Which was read and referred to the same select
committee to which sundry petitions on the same
subject are referred.
Mr. Pabody asked leave to present the following
joint resolution, viz:
A joint resolution concerning the commissioners
of a certain state road therein named.
Resolved by the General Assembly of the state of Indiana*
That the commissioners named in the act, entitled
An act to locate a state road from Lake Michigan,
by way of Indianapolis, \q some convenient point on
the Ohio river; approved, January 12, 1830, be, and
they are hereby authorised and required, when met
agreeable to the provisions of said act, to proceed
to examine the several state roads leading from
Madison to Indianapolis, and the country adjacent
to said roads, and tc~ select, adopt, survey and
mark such site, route and location for said Michigan
road, between the points aforesaid, as to them
shall appear most eligible and proper, in view of
public convenience, facility, and cheapness of con-
struction, and all other circumstances connected
with the public good.
The said commissioners shall also examine the
country between Indianapolis and tht southern bend
of the river St. Josephs, and shall select, survey
and mark a new location for said road between the
points last aforesaid, which new location shall be
as near a direct line as the nature of the ground
will admit. They shall make return of their pro-
ceedings in the premises to the next general assem-
bly, during the first week of its session. And all
other acts and proceedings of said commissioners
not authorised and required by this resolution are
hereby suspended for one year.
The question being put,
Will the house grant leave?
And the ayes and noes being required thereon by
fcwo members:
[444 }
Those who voted in the affirmative, art*
Messrs Bell, Pence, Casey, Coffin, Cornier. Evans, Fiu,H&ll,Harri r
slion, il.>rod, Howt, Htissey, Ja'-kson of S., Ketcham, K» dgtff
bury, Kinnani, Levenworth, Little, Logan, McNary, Morrison,
Moyer. Pabody, Parks, Pennington, Polke, Slaughter and Stew-
art— 25.
And those who voted in the negative, are,
Messrs. Armstrong, Bassett, Beard, Blake. Boon, Brown,.
Cruuie, Davis of A., Dav s of S., Dixon, Dumont, Finley,
Gardner, Guion, Hendricks, Hillis, Hoover, Jack, Jackson of
D, Johneton of K, Johnston of T„ Jones. Loviston, Long (
Noble, Pollock, Rariden. Read, Reiley, Smith, Wallace of F*
Wallace of J. and Smiley, Speaker — 33.
And so leave was not granted.
IVir. Johnston of K., after having obtained leave,
presented a bill in aid of the several acts now in
force in this state, relative to assessing and collect*
ing the revenue:
Which was read the first and second times, the
rules of the house having first been dispensed with*
a* d comm tted to the same committee of the whole,
to which the revenue bill is committed.
Mr Brown, after having obtained leave, pre-
sented a bill relative to the state road from Rush-
ville to Lawrenceburgh:
Which was read the first and second times, the
rules of the house having first been dispensed with,
and
Ordered To be engrossed, and read a third time
to-morrow.
A message was received from the senate, by Mr..
Dill, their secretary, announcing,
That the senate disagrees to the first amend-
mendment proposed by the house of representatives^
to the engrossed bill of the senate, entitled An act
providing means to construct the portion of the
Wabash and Ene canal, within the state of Indi?
ana ; but they concur in the second and third amend
rjpeiitfc
f 445 ]
<$bey also refuse to concur in the amendment
proposed by the house of representatives, to the en-
grossed bill of the senate, entitled An act to pro-
vide for taking the enumeration of the white male
inhabitants above the age of twenty-one years in
this state.
The house receded from their first amend-
ment, proposed to the bill first named in said mesf
saye.
On motion of Mr. Boon,
The house insist on their amendment to the last
named bill in said message.
Ordered, That the clerk inform the senate thereof.
A message was received from the senate, by Mr.
Dill, their secretary, announcing,
That the senate insist on their first and third
amendments proposed to the engrossed bill of the
house of representatives, entitled An act providing
for the relocation of the county seat of Sullivan
county; and which were disagreed to by this house;
the senate bys appointed Messts\ Linton and Sering
a committee of free conference on the subject mat-
ter of disagreement between the two houses, rela-
tive to said bill, and request a similar committee on
the part of the house of representatives.
And also, that the senate have elected Austin
W. Morris, assistant secretary, vice, Charlts H
Test resigned.
On motion of Mr. Boon,
The house insist on their disagreement to the
amendment, proposed by the senate to the bill
named in said message.
Whereupon,
Messrs. Boon and Reiley were appointed a com-
mittee of free conference on the part of this house.
Ordered, That the clerk inform the senate thereof
Mr. Gardner, after having obtained leave, pre-
sented a bili providing for ihe takine a list of the
taxable property an<' polls in Vermillion county,
and for other purposes:.
£446
Which was read the first, second and third times.,
the rulf-s of the house having first been dispensed
with, and passed.
Ordered, That the same be entitled an 'act,' and
that the clerk carry it to the senate, and ask their
concurrence therein.
Mr. Stewart, after having obtained leave, pre-
sented a bill to amend the act for the relief of tl}e
poor:
Which was read the first, second and third times,
amended by consent, and passed, the rules of the
house having first been dispensed with.
Ordered, That the same be entitled an 'act, 7 and
that the clerk carry the same to the senate, and ask
their concurrence therein.
On motion of Mr. liariden,
The bill fixing the times of holding courts in the
several judicial circuits in this state was taken up:
When,
Mr. Little moved to recommit said bill to the
judiciary committee with instructions so to amend
the same as to transfer the probate business to the
circuit judge.
And the ayes and noes being required thereon by
two members;
Those who voted in the affirmative, are,
Messrs. Armstrong:, Beard, Bell, Casey, Coffin, Dixon, Evans,
Fite, Guion, Hall, Herod, Howk, Jack, Jackson of D, Johnston
ol T., Kingsbury, Levenworth, Levistoo, Little, Long, Moyer,
Noble, Pennington, Polke, Pollock, Slaughter, Stewart and
Wallace of F.— 28.
Jind those who voted in the negative, are,
Messrs. Bassett. Bence, Blake, Boon, Brown, Conner, Crurae,
Davis of A., Davis of S., Dunoont, Finley, Gardner, Hamilton,
Hendricks, Hillis, Hoover. Hussey, Jackson of S , Johnston
of K., Jones. Ketcham, Kinnard, Logan, McNary, Morrison.
Pabody, Parks, Rariden, Read, Reiley, Smith. Wallace of J
and Smiley, Speaker— 33.
[447)
And so said motion was derided in the negative.
Mr. Read then moved to recommit said bill to the
judiciary committee, with instructions so to amend
the same as to provide for two terms of the court in
each year;
And tne ayes and noes being required thereon
by two members;
Those who voted in the affirmative, are,
Messrs. Armstrong, Bassett, Beard, Bell^Bence, Boon, Davis
of A., Dixon, Evans, Fite, Hal), Hamilton, Hendricks, Hussey,
Jack, Jackson of D., Johnston of K., Ketcham, Kingsbury,
Kinnard, Levenworth, Iv.ttle, Logan, Morrison, Parks, Pen-
nington, Pollock, Read, Reiley, Smith, and Stewart — 31.
And those who voted in the negative, are,
Messrs. Blake, Brown, Casey, Conner, Crame, Davis of S.,
Dumon*, Finley, Gardner, Guion, Herod, Hillis, Hoover, Howk,
Jackson of S., Johnston of T., Jones, Leviston, Long, Mc-
Nary, Moyer, Noble, Pabody, Polke, Rariden, Slaughter,
Wallace of F. Wallace of J. and Smiley, Speaker— 30.
And so said motion was carried in the affirmative.
The following message was received from the
Governor, by Mr. Griffith, his private secretary:
Mb. 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 incorporate the Hamilton, Rossville
and Richmond turnpike company;
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;
An act for the better support of the poor of Floyd
county; and,
An act extending the corporation of Madison.
And then the house adjourned until 2 o'clock
P. M.
r 448 }
2 o'clock, P. M:
The honse met pursuant to adjournment.
A message was received fror*j the senate, by Mr
Morns, their assistant secretary, announcing,
That the senate has passed engro sed bills from
the house of representatives, of the following titles,
to wit:
An act to incorporate the White Water and Mi-
ami turnpike company;
An act changing the mode of doing the county-
business in the county of Delaware, and for other
purposes;
An act for the formation of a new county, east
of Tippecanoe county;
An act for the formation of the counties of St.
Joseph and Elk Hart; and
An act authorising the leasing of Jackson's li< fc,
in Monroe county :
The two first, mentioned hills without amend-
ment; and the three last with amendments: in
which several amendments, they request the con-
currence of the house of representatives.
The amendments proposed bv the senate, to the
third and fourth bills in said message, were read
and concurred in by the house.
The first amendment proposed by the senate to
the last named bill, in said message, was read and
disagreed to; and the second and third amendments
to said bill, were severally read and concurred in
by the house.
Ortfered, That the clerk inform the senate thereof,
A message was received from the senate by Mr.
Morris, their assistant secretary, announcing,
That the senate has passed engrossed bills from
the house of representatives, of the following ti-
tles, to wit;
An act authorising the qualified voters of the dif
[449]
ferent townships, in the county of Harrison, to elect
their township officers;
An act legalizing the proceedings of the super-
intenrteat of a school section therein named;
x\n £ct to legalize the proceedings ot the probate
court of the county of Pike;
An act authorising asylums for the poor, in the
counties of Washington and Dearborn;
An act to amend an act, entitled An act estab-
lishing a state road from Shelbyville, to intersect
the Madrson state road, in Jennings county; ap-
proved, January 19, 1828;
An act relative to Twin creek:
The five first named bills without amendment;
the latter, with an amendment.
In which the concurrence of the house of repre-
sentatives is requested.
The senate has also passed without amendment*
joint resolutions from the house ol representatives,
of the following titles, to wit:
An engrossed joint resolution allowing compensa -
tion to Philip Hedges, for districting the laws
and" journals; and
An engrossed memorial and joint resolution of
the genera! assembly of the State o» Indiana, on
the subject of extinguishing the Indian tille to
lands within this state, and of removing the Indi-
ans beyond the Mississippi.
The senate has also passed engrossed bills, ori-
ginating in the senate, of the following titles, to
wit:
An act providing for the opening of a part of the
Michigan road ;
An act supplemental to an act, entitled An act
providing for the location, opening and improve-
ment of certain" state roads, passed at the present
session of the general assembly, and for other pur?
poses;
An act for the relief of Julius Johnson j
#7
(.450 j
in which three last mentioned bills, the concur-
rence of the house of representatives is requested.
The amendment proposed by the senate to the
sixth named bill in »aid message was concurred in
by the house.
Ordered That the clerk inform the senate thereof.
The ninth and tenth bills in said message, were
severally read the first and second times, the rules
of the house having first been dispensed with, and
Ordered To lie on the table.
The last named bill in said message was read,
the first and second times, the rules of the house
having first been dispensed with, and passed to a
third reading to-morrow.
Mr. Evans moved to reconsider the vote taken in
the forenoon, recommitting the bill fixing the times
of holding courts in the several judicial circuits in
this state, and for other purposes, to the judiciary
committee, with instructions to amend the same so
as to provide for two terms in each year;
And the ayes and noes being required thereon by
two members:
Those who voted in the affirmative, are,
Messrs. Blake, Brown, Casej, Coffin, Cruuie, Conner, Davis
of S, Dumont, Evans, Finley, Gardner, Guion, Herod, Hillis„
Hoover, Howk, Jack, Jackson of S., Johnston of T., Jones,
Leviston, Long, McNary, Morrison, Moyer, Noble, Pabody, Polke,
Pollock, Randen, Slaughter, Wallace of F., Wallace of J. and
Smiley, Speaker — 34
And those who voted in the negative, are,
Messrs. Armstrong, Basset, Beard, Bell, Bence, Boon, Davie
of A, Dixon. File, Harmlton, Hendricks, Hussey, Jackson of
D., Johnston of K., Retcham, Kingsbury, Kinnard, Leven-
worth, Little, Logan, Parks, Pennington, Read, Reiley, Smith
and Stewart— 26.
And so said vote was reconsidered.
The question recurring on recommitting said bill,
as proposed by Mr. Read:
[451]
And the ayes and noes being required thereon by
iwo members;
Those who voted in the affirmative, are,
Messrs Bassetf, Beard, Bell, Bence, Boon, Davis of A.,
Dixon, Fite, Hamilton, Hendrick9, Hussey, Jackson of D.,
Johnston of K., Ketcham, Kingsbury, Kmnard, jjLevenworth,
Little, Logan, Parks, Pennington, Read, Reiley, Smith and
Stewart— 25.
And those who voted in the negative, are,
Messrs. Armstrong, Blake, Brown, Casey, Coffin, Conner,
Crurne, Davis of S., Dumont, Evans, Finlc , Gardner, Guion,
Herod, Hillis, Hoover, Howk, Jack, Jackson of S , Johnston
of T., Jones, Leviston, Long, Morrison, Moyer, Noble. Pabody,
Polke, Pollock, Rariden, Slaughter, Wallace of F-, Wallace of
J. and Smiley, Speaker — 34.
And so said bill was not recommitted as afore-
said.
Mr. Armstrong then moved to amend said bill, by-
striking out the whole of the third section, which
reads in the words following, to wit:
'The circuit courts to be holden in the third cir-
cuit, shall be held in the county of Jennings, on the
third Mondays of February and June, and the se-
cond Mondays of September; in the county of Jef-
ferson, on the fourth Mondays of February and
June, and third Mondays of September ; in the coun-
ty of Switzerland, on the first Mondays of March
and July, and the fourth Mondays of September;
in the county of Dearborn, on the second Mondays
of March and July, and first Mondays of October;
in the county of Franklin, on the third Mondays
of March and July, and first Mondays of Oc-
tober; in the county of Ripley, on the fourth
Mondays of March and July, and the third Mon-
days of October; and in the county of Decatur, on
the first Mondays of April, and the second Mondays
of August, and fourth Mondays of October. The
.several circuit courts in the said judicial circuits
[ 452 )
sball severally sit six days, if the business thereof
reqtore it'.'
And inserting in lieu thereof, the following:
'! he courts in the third judicial circuit shall be
holden on the davs following:
In the county of Switzerland, on the third Mom
days of February and June, and the second Mon-
days of Se^te'nabef ; in the rountv of Jefferson, on the
fourth Mondays of February, and June and on the
third Mondays of September: in the county of Jen-
nings, on the. first Mondays of March and July, and
four*h Mondays of September ; in the county of Rip-
lev, on the second Mondays of March and July, and
first Monday of October ;in the county of Franklin, on
the third Mondays of March and July, and second
Mondays of October; in the county of Dearborn,
on the fourth Mondays of March and July, and
third Mondays of Ortoher; in the county of Deca-
tur, on the first Muidavs of April, the second Mon-
days of August, and fourth Mondavs in OctoUi-r.
And the several conns jn each county in the third
judicial circuit, shall sit six days if the busies:-
requires it.
Which motion was carried in the affirmative.
The said bill was then considered as engrossed,
and read the third time:
And the question being put,
Shall s-aid bill pass?
And the ayes and noes being required thereon by
two members:
Those who voted in the affirmative, arc,
Messrs. Armstrong, Bassett, Bel), Blake. Fiown, Casey,
Coffin, Conner, Crome, Davis of A . Davis of S.. Dnmnnt. Evans,
Fin'tey, Gardner, Gninn, Herod, Hillis". Hoover, Howk, Jack,
Jackson of D , Jackson of S.. Johnston of T., Jones, Lev-
iston. Lonoy Morrison. Moypr, NoMe, Panndy, Potke. Pollock,
P:«r:den, Slaughter, Wallace of F , Wallace of J. and Smiley,
Speaker — 38
Jind those who voted in the negative, are,
jjjkssrs Beard. Benre, Boon. Dix^o, File. Hamilton, Hen
d ricks, Hussey, Johnston of K., Ketcham, Kingsbury, Kinnard,
f 453 |
Levenworth, LitMe, Logan, Parks, Pennington, Read, Reiie*-,
Smith, and Stewart— 21.
Ai)d so said Kill passed.
Ordered, That the same be entitled an 'act,' and
that the clerk carry it to the senate, and ask Their
concurrence therein.
TIip house then proceeded to consider the orders
of the day ;
The house resumed the consideration of the bill
fur the relief of the subscribers tor building the
stale prison.
The question recurring on adopting the amend-
ment proposed by Mr. Rinnan.', when ilie bill v\ as
l^st under consideration, to wit: by striking out the
Words, 'fund arising from the sale of ..'ots at. Indian-
apoiis,' and inserting in lieu thereof, 'state trtasui}.'
And the ayes and noes being required thereon by
two members;
Those who voted in the affirmative are,
Messrs. Armstrong, Basset, Blake, Conner, Davis cf S^
D'xon, Finley, Gardner, Guion, Hoover, Rmnard, Levenwurth
and Pollock.— 13.
And those who voted in the negative, are,
Messrs. Beard, Bell, Bence, Boon, Brown, Casey, Coffin,
.Crume, Davis of A., Dumont, Fite, Hamilton, tlendnck-, Hillie,
Rowk, Jack, Jackson of D., Jackson ol S., Ji bn*ton of R,
Johnston of T. Jones, Ketcham, Kingsbury, L< i vistou, Little,
L^gao, Long, McNary, Morrison. Moyei. Noble, Pabody, Parks,
Pennington, Polke, Head, Keitey, Siaugbier. Smitb, Stewart,,
Wallace of F. Wallace of J. and Smiley, Speaker — 44.
Aad so said amendment was not adopted.
The said bill was then considered as engrossed^
and read the third time; aud
The question bein£ put,
Shall said bill pass?
And the ayes and noes being required thereon by
two members:
t 454 j
Those who voted in the affirmative, are>
Messrs. Beard, Bell, Bence, Blake, Boon, Brown, Casey,
Coffin, Davis of A., Dumont, Ftte, Hamiltoo, Howk, Jack,
Jackson of S , Johnston of K... Johnston of T., Jones, Kingsbury,
Levenworth, Li tile, Logan, Morrison, Moyer, Pabody, Parks,
Pennington, Polke, Read, Reiley, Slaughter, Stewart and
Wallace of J.— 33.