Which motion was carried in the affirmative.

Ordered, That the clerk inform the senate rhereof.

The following are the objections presented by the
governor, for his refusal to approve and sign the bill
fast named in said message.



| 5131

Executive Department, }

Indianapolis, Indiana, Jan. 28, 1830.)

MILTON STAPP,

President of the SenateV

Sir: I herewith return to the senate of
the state of Indiana, An act to provide for the pub-
lic printing, and for other purposes, without my
signature, for a reconsideration, which originated
in the senate, and passed both houses of the pre-
sent general assembly. After maturely consider-
ing this bill and its tendency, my mind has arrived
at a settled conviction, that it ought not to become
a law of the land. The independence of the press
and the low condition of our treasury, concur in its
rejection. This bill makes an invidious and unjust
distinction, in the mode of making public contr-u-ts.
The public printing, as well as all othei public
contracts, should be submitted to a fair competi-
tion, as is provided lor by the laws of the state n- w
in force; where cumpetitors are not warning, to do
justice both to the state and themselves. The pro-
visions of this bill are calculated to make the pub-
lic printer the subservient instrument ol the domi-
nant party in the legislature, from time to time,
who will have abundant inducements to sacrifice
his independence, with every change of strength.
The public printer may, or he may not, be the con-
ductor of a public journal, so that the press may
be converted into the exclusive engine of a party.

This bill ought not to pass, because the printing
of the state, has hitherto been well executed, fot
a price one third less than it proposes to give j
and it is believed, that it can again be performed,
with everynecessary despatch,aud mechanical neat-
ness and correctness, at the same rate. The under-
signed, therefore, for these and manv oth^r reasons
which might be urged, cannot consent to take severaX

65



L 514 j

hundred dollarsof the people's money yearly out of
their treasury, to be virtually bestowed upon any
roan, without any consideration in return. The
people have not called for the change contempla-
ted, and cannot be interested in a project like the
one proposed, if once sanctioned, to increase their
taxes, and to corrupt the channel by which intelli
gence is enabled to reach their fire-sides.

It is my province to add, that this determination
has been influenced in part by a communication
which was addressed to me on this subject by one of
the present state printers, which is as follows, to
wit:

Indianapolis, Jan. 23, 1830

To J. B. RAY,

Governor of Indiana:

Sir: Previous to the third read-
ing of the bill relative to the election of a public
printer, and the regulation of the prices of print-
ing, the following communication was submitted tc
the legislature:

To the Honorable,

The Hcuse of Representatives

of Indiana:

The undersigned, one of the prin-
ters for the state, understanding a bill is now on its
third reading in your body, providing for the elec-
tion of a public printer; and understanding also,
that the prices, as set forth in said bill, have been
greatly increased, from those now given ; and having
made great sacrifices in procuring materials to per-
form the work with despatch, and in a neat manner,
and being aware in these times of pressure and
difficulty, that the people demand of their repre-
sentatives, as much economy as possible, I have



I 51S j

come to a conclusion, having materials adequate ut
ihe performance of the work, to propose to your
honorable body, that every necessary security will
be given, even if amounting to fifty thousand doU
Jars, for the performance of the printing for the
next session, at the present prices, to wit: 25 cents
per thousand ems; 30 cents per token for medium,
and 35 cents for royal paper; and will further agree
to perform the work in as speedy a manner as set
forth in the bill now before your honorable body*
The prices in the bill are increased about one third ;
and presuming the printing to amount at least to
one thousand dollars, under my prices, (calculating
from the amount of printing of last session,) by fa-
voring my pretensions, the sum of three hundred
and fifty dollars will be gained to the state, at the
least calculation; and in the same proportion for a
greater amount.

1 leave the subject to the consideration of your
honorable body, hoping, as a proof of my sincerity,
my proposition will be recorded on your journals.
If necessary, my materials can be exhibited to a
committee that may be appointed by your honora
ble body, should you think proper to recommit the
bill. I herewith present a specimen of the type on
which I will print both journals, viz: "Judge Black-
foTd's Address;" which, from its size, will be an
additional saving in press- work and paper; and will
bind myself to procure a new fount of type, of the
usual size, for printing the laws; so that nothing
shall be wanting to insure the work to be done,
at least equal to the public printing of our sister
3tates.

Respectfully submitted.

GEORGE SMITH.

Indianapolis, Jan. 23, 1830.

The above calculation was founded on the last
gear's printing; which as will be seen by examin-



[816. J

kigthe files of the auditor and treasurer, amounted
to une thousand and twenty dollars, at the rates at
which I proposed to do the work. But from calcu-
lation, founded on the increase of printing lor the
last lew years, will be much greater. The printing
for the year previous to the last, amounted to
ainut seven hundred dollars; last year, one thou-
sand ; and this year, (the press- work on the journa s
being double by an increased number of copit.s; and
reports, &c. being more numerous,) it will amount
at least to thirteen hundred; and progressing in a
like proportion, the next year's printing will amount
to sixteen hundred dollars at least, at my prices;
even should the laws not be revised — but there is d
strong indication, judging from reports on the jour*
nals of this session, of committees, who state as
reasons for not entering into certain measures, that
it would be unnecessary, as the laws will be shouly
revised. But goingon the calculation of the work
at the above price, which I think not too low, by
adding one third more, as contemplated in the bill,
the advance on my prices, will be five hundred thir-'
ty- three and one- third dollars. But should the laws
be revised, as there is every probability, the print-
ing would, at the least calculation, amount to three
thousand dollars ; so that, in that event, there would
be a saving of one thousand dollars to the people,
And 1 would here remark, that a probability of a
revision of the laws, was an additional inducement
for me to offer my proposition to the legislature: as
the principal item of work would then be press-
work, I propose to do press-work of the description
that would be required on the laws, for 35 cents
per token. I can gel the best of workmen, to
work at press for 20 cents per token, on the descrip-
tion of tokens set forth in the bill; which are less,.
in white paper, one quire in every ten, than the to-
kens by which our present contract is governed.,
TJiis would leave me 15 cents per token. This re-



\_15\7]

diiotion in the quantity of paper in the tokens, 1
have no hesitation in saying, was completely over-
looked by the legislature, as 1 said nothing ou the
subject. But Mr. Merrill who has always settled
with us, can give information what he has allowed,
which will correspond with ihe statements above.

This is a plain view of the case, which I con-
ceive it a duty I owe myself, and the country in
which I live, and where my all is vested, to make.
I also conceive it a duty i owe the representatives
of the people, who sustained me in my proposition,
(?he bill having passed each house by a single vote.)
I also conceive it my duty to lay these facts before
yon; as several gentlemen, lam well convinced,
dil not understand the nature of printing sufficient-
ly to vote knowingly on my propositions. I make
n < charge against the legislature, believing them,
as a body, composed of* men, who are disposed to
act with economy, and to go as far as possible in
promoting the best interests of the state. But I
do believe thev were mistaken: and believing this # .
I have been induced to lay the whole before you.

GEORGE SMITH.

Indianapolis, Jau. 23, 1830.

All of which is respectfully submitted,
I have ihe honor to be.
Sir,

Very respectfully,
Your ob't serv't;

J. BROWN RAY.

The house proceeded to reconsider their vote*
.heretofore given on the passage of said bill.

The question being then put,

Will the house pass said bill, the objections (rf
She governor to the contrary notwithstanding?



[ 518 ]

Those who voted in the affirmative, are,

Messrs. Bassett, Bence, Blake, Casey, Davis of A., Dumonf,
Evans, Fioley, Fite, Hall, Howk, Hussey, Jack, Jackson of
3., Kingsbury, Little, Logan, Morrison, Mover, Noble, Pa-
bodv, Polke, Rariden, Wallace of F., and Wallace of J.
—25.

And those who voted in the negative, are,

Messrs. Amstrong, Beard, Bell, Boon, Brown, Coffin, Conner,
Crwne, Davis of S., Dixon, Gardner, Guion, Hamilton^
Hendricks, Hillis, Hoover, Jackson of D., Johnston of K.,
Johnston of T., Jones, Ketchatn, Kionard, Levenwortb, Lev-
iston, Long, McNary, Parks, Pennington, Pollock, Read, Reiley,
Slaughter, Smith, Stewart, and Smiley, Speaker — 35.

And so said bill was rejected; there not being,
agreeably to the constitution, a majority of all tht
members elected, in favor of its passage.

Mr. Davis of A., after having obtained leave, pre-
sented a bril relative to the mill improvements of
Lewis H. Davis, on the St. Mary's river:

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

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

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

That the senate concur in the first, third and
fourth amendments proposed by the house of repre-
sentatives to the engrossed bill of the senate, enti-
tled.

An act to incorporate a company to make a turn-
pike road from New Albany, in Floyd county, by
Greenville, Paoli, Mount Pleasant and Washington,
to Vincennes, in Knox county;

The third amendment, with an amendment; but
disagree to the second amendment proposed by the
house to said bit!.

The senate agree to the first, second, third and



[519]

fourth amendments proposed by the house of rf
presentatives to the engrossed bill of the senate,
entitled An act to extend a certain act therein
named, to the county of Warren; but disagree to
the fifth amendment, proposed by the house to said
bill.

Mr. Read moved that the house recede from their
second amendment to the first named bill in said
message; and that the house agree to the amend-
ment proposed by the senate to the third amend-
ment, proposed by the house to said bill.

Which motion was carried in the affirmative.

Mr. Read moved that the house recede from their
fifth amendment to the last named bill in said mes-
sage.

Which motion was also carried in the affirmative.

Ordered^ That the clerk inform the senate thereof

On motion of Mr. Johnston of K.,

Resolved^ (the senate concurring herein,) That
the two houses will proceed, in the hall of the
house of representatives, by joint ballot, to elect
three canal commissioners, for the Wabash and
Erie canal, at seven o'clock this evening.

Ordered^ That the clerk inform the senate of the
adoptionof the above resolution.

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

That they did, on this day, present to the gover-
nor for his approval and signature, the following
enrolled bills and joint resolutions, to wit:

An act to attach certain territory to the county
of Hamilton;

An act for the formation of the counties of St,
Joseph and Elk Hart;

An act for the improvement of the Wabash be-
low Vincennes;

An act to exempt from imprisonment for debt-
soldiers of the revolutionary war;



j" 520]

A joint resolution of the general assembly cdii
serning the agent of the three per cent, fund;

An act providing for a state road from Nobles-
ville to Logansport, and also from Indianapolis by
Pendleton to Andersontovvn ;

An act to appoint Asher Labertew, agent of the
reserved township of land in Monroe county, and
for other purposes;

An act for the relief of Paul Castleberry, late
commissioner on the state road leading from Fre-
donia to the mouth of the Wabash river;

A joint resolution on the subject of canal lands
donated to Indiana by congress.

An act relative to the state road from Rushvillej
in Rush county, to Lawrenceburgh, in Dearborn
county;

An act supplemental to an act organizing the
county of Clinton ;

An act to relocate part of the state road leading
from Rockport to Bloomington;

An act to provide for taking the enumerntion of
the white male inhabitants above the age of twenty*
one years in this state;

An act authorising the sale of one of the re-
served townships of land in Monroe county;

An act authorising the board of commissioners
of Shelby county to hold special sessions;

An act declaring Little Pigeon creek a public
highway;

An act to amend the acts concerning divorces.

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

That the senate has adopted the following reso-
lution:

Resolved, That the senate do reciprocate the re-
solutiou of the house of representatives, and will
meet them in their hall at seven o'clook this eve-
ning, for the purpose of electing three canal cont-
mlssioners.



[521 j

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

The engrossed joint resolution making reciprocal
provisions to aid in the prosecution of crimes com-
mitted in this state and the adjoining states; was
read the third time and passed.

Ordered^ That the clerk inform the senate there-
of, and ask their concurrence therein.

The house then resolved itself into a committee
of the whole, on the bill regulating medical socie-
ties;

And after some time spent therein,

The speaker resumed the chair;

And Mr. Jones reported said bill with one amend-
ment:

Which was read and concurred in by the house;
Mr. Crume voting in the negative.

Mr. Boon moved further to amend said bill, by
adding thereto the following proviso:

'Provided, That no person shall become a mem-
ber of said state medical society, or the district so-
cieties, unless he be a graduate from some legally
organized medical college, and produce a diploma
to said society as evidence thereof.'

Mr. Long then moved to postpone the further
consideration of said bill and proposed amendment
indefinitely:

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

Those who voted in the affirmative are,

Messrs. Bassett, Beard, Boon, Casey, Coffin. Conner, Crume,
Davis of A., Davis of S , Dixon, Gardner, Guion, Hamilton,
Hoover, Jack, Jaokson of D., Johnston of K„John8ton of T.,
Jones, Little, Logan, and Long— 22.

And those who voted in the negative, are,

Messrs. Armstrong, Bell, Bence, Blake, Brown, Dumont
Fite, Hall, Hendricks, Herod, Howk, Hussey. Jackson ot S.,
Ketcham. Kinnard. Levenwortb, Leviston, McNary, Moyer
fi6



[622]

Noble, Pabody, Parks, Pennington, Polke, Poliock, Reatl,
Slaughter, Santh, Stewart, Wallace of J. and Smiley, Speaker
—31.

And so said motion was decided in the negative.

The question recurr ng on the amendment pro-
posed by Mr. Boon:

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

Those who voted in the affirmative, are,

Messrs. Armstrong, Bassett, Beard, Blake. Boon, Casey, Con-
ner, Crume, Davis of A,. Davis of S., Dixon, File, Guion,
Hamilton, Hendricks, Hoover, Jack, Jackson of D., Johnston of
K., Jones, Little, Logan, Long, Parks, Pollock, and Smiley £
Speaker— 26.

And those who voted in the negative, are,

Messrs. Bell, Brown, Coffin, Dumont, Hall, Herod, Hilli?;
Howk, Hussey, Jackson of S , Johnston of T., Ketcham,
Kinnard, Levenworth, Leviston, McNary, Moyer, Noble,
Pabody, Pennington, Polke, Read Reiley, Slaughter, Smith,
Stewart, Wallace of F. and Wallace of J.— 28.

And so said amendment was not adopted.

The said bill was then considered as engrossed,
and read the third time; and before the question
was taken on the passage ol the same,

The house adjourned until 7 o'clock P. M.

7 o\loch, P. M.

The house met pursuant to adjournment.

On motion of Mr. Johnston of K.,

Resolved, That the senate be informed that the
house of representatives is now ready to meet the
senate in the hall of the house, for the purpose of
electing three canal commissioners in pursuance of
a resolution adopted on this day, and that the seats
are provided for the gentlemen of the senate, on
the right of the speaker's chair:



i 523 ]

When Mr. Johnston of K., was appointed teller
on the part of the house.

Ordered, That the clerk inform the senate thereof.

A message was received frou the senate, by Mr.
Dill, their secretary, announcing,

That the senate has adopted the following reso-
lution, viz:

Resolved, That the senate will meet the house of
representatives in their hall, instanter, for the pur-
pose of electing three canal commissioners, in pur-
suance of a resolution adopted on this day.

The senate came down 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 three canal commissioners, in
pursuance of an act entitled An act providing for
the construction of that portion of the Wabash and
Erie canal, which lies within the state of Indiana;
approved, January , 1830;

And on counting the first ballot, it appeared that
for that office,

David Burr received 66 votes,
Samuel Hanna, 41 "

Jordan Vigus, 41 "

Samuel Lewis, 53 "

Scattering, 23 "

David Burr and Samuel Lewis having received a
majority of the whole number of votes given, were,
by the president of the senate, in the presence of
both houses of the general assembly, declared duly
elected canal commissioners, for and during the
term of three years, from and after this day.

Neither of the other named persons having re-
ceived a majority of the whole number of votes
given, the two houses then proceeded to a second
ballot ; on counting which, it appeared that for the
said office,



L 524 j

Jordan Vig"us received 45 votes,
Samuel Hanna, 32 "

Scattering, 4 "

Jordan Vigus having received a majority of ail
the votes given, was declared duly elected canal
commissioner for and during the term of three years
from and after this day.

The senate then retired to their chamber;
And the house adjourned until to-morrow morn-
ing 9 o'clock.



FRIDAY MORNING, January 29, 1830.

The house met pursuant to adjournment.

The joint resolution on the subject of the laws-
for certain new counties therein named, was read
the third time, and passed.

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

Mr. Read, after having obtained leave, present-
ed a bill ro provide for the distribution of the laws
aud journals, and for other purposes:

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,' and
that the clerk carry it to the senate, and ask their
concurrence therein.

Mr. Boon from the committee on claims, to which
was referred the petition of John W. Lee, reported
unfavorable to the prayer of the petitioner.

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

Mr. Hall made the following report, viz:

The select committee appointed by this house to
obtain of President Wvlie, a copy of his discourse,
delivered on the 17th of January, 1830, at this



{ 525 }

place, have performed that duty, and now report a
copy oi that discourse, together with the accompa-
nying letter from President Wylie.

And the same being read ;

O'li motion of Mr. Johnston of K., it was

Resolved, That two thousand copies of the ad-
dress named in said report be printed under the in-
spection of the secretary of state, and distributed
with the laws and journals of the present session of
the general assembly, to the members of the re-
spective houses, their secretaries and clerks; and
that said secretary furnish President Wylie with
fifty copies of said address.

On motion of Mr. Hillis,

The bill to incorporate the managers of the Mad-
ison and Indianapolis turnpike company, was taken
up; when,

Mr. Herod moved to postpone the further consid-
eration thereof, until the first Monday in December
next.

Which motion was decided in the negative.

The said bill was then considered as engrossed,
read the third time, and passed.

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

r The house then resumed the consideration of the
bill regulating medical societies; when,

Mr. Crume moved to recommit the bill to a select
ooimnittee. with instructions to amend it by striking
out the 4th section thereof, which "reads as follows:

k No person not regularly licensed to practice med-
icine in this state, nor being a licensed practitioner
in an adjoining s ate in which he resides, nor at the
passage of this act a resident practitioner of medi-
cine in this state, shall be entitled, after one year
from the passage of this act, to recover any thing
by law for medicine or professional services, as a
physician or surgeon, nor shall any person, not a



[528]

member of a district medical society recover any
thingfor medical counsel after the expiration of one
year from the passage of this act. Provide.) that
nothing in this act shall be construed to affect the
right of females to practice midwifery, or apotheca-
ries and others, not professing to prescribe or prac-
tice medicine, from selling medicine, and recovering
payment therefor.

'This act shall take effect and be in force, from
and after its passage.'

Which motion wa3 decided in the negative.

The question recurring on the passage of said
bill;

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

Those who voted in the affirmative, are,

Messrs. Armstrong, Bell, Blake, Brown, Dumonl, Fife,
Guion, Hall, Hendricks, Hillis, Howk, Hussey, Jackson of S.,
Johnston of T., Ketcham, Levenworth, Leviston, Log^n,
Mover, Noble, Pabody, Parks, Pennington, Polke, Reiley,
Slaughter, Snoith, Stewart, Wallace of F., Wallace of J. and
Smiley, Speaker — 31.

And those who voted in the negative, are,

Messrs. Beard, Casey, Coffin, Crume, Davis of A.,
Davis of S., Dixon, Finlev, Hamilton, Hoover, Jack, Jackson
of D. Johnston of K., Jones, Kinnard, Little, Long, Pollock,
and Read— 20.

And so said bill passed.

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

The house then resolved itself into a committee
of the whole on the engrossed bill from the senate,
entitled 'an act to organize probate courts and de-
fining the powers and duties of executors and ad-
ministrators,' approved, January 23, 1829;

And after some time spent therein,

The speaker resumed the chair, and



L 527 J

Mr. Johnston of T., reported said bill with one
amendment;

Which was read and concurred in by the house.

The said bill was then read the third time, tur-
ther amended by consent, and passed.

Ordered, That the clerk carry it to the senate and
ask their concurrence in said amendments.

Mr. Morrison from the committee on enrolled bills
reported,

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

An act for the formation of a new county north
of Marion and Hendricks counties;

An act declaratory of the law on the subject of
divorces;

An act to amend the act regulating estrays and
water crafts going adrift;

An act supplemental to an act to regulate the ju-
dicial circuits, and fixing the times of holding courts,
passed at the present session;

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

An act supplemental to an act entitled 'an act
providing for the location, opening and improve-