And find the same truly enrolled.
When,
The speaker signed said bills, &c.
[ 543 ] *
Ordered, That the clerk carry them to the sen
ate lor the signature of their president.
Mr. Davis of S., from the select committee, to
which was referred a resolution of this house, and
a remonstrance of John Wheatly and others of
Johnston county, reported, that they have had the
same under consideration, and are of opinion, that
it is inexpedient to legislate thereon at this time;
and ask to be discharged from the further conside-
ration thereof.
The said report was read and agreed to; and the
committee were discharged from the further con-
sideration thereof.
The remonstrance was then
Ordered To lie on the table.
Mr. Kinnard made the following report, viz:
The select committee, appointed to take into
consideration so much of the governor's message, as
relates to a resolution of the last general assembly,
on the subject of the eminent domain, report:
That they have duly re-examined and re-consi-
dered the resolution of the last session, asserting
the right of the state of Indiana, to the unappro-
priated lands within her limits; and find it to be our
indispensable duty, to adhere to the same, as found-
ed in truth, as consonant with the constitution, and
conducive to its preservation, and to the secnrity, the
rights and welfare of this stale. The committee view
the aforesaid resolution as altogetherconsistent with
that warm affection to the union and its members,
and with that scrupulous fidelity to the constitu-
tion of the United States, which are felt by the
people of Indiana. With these sentiments the sub-
ject was first introduced: and the position which
the general assembly has assumed, is the strongest
evidence of the sincerity of these professions of re-
gard for the authority and laws of the union, as
well as forthe*essential rights of state sovereignty.
Inasmuch as this subject was fully discussed at the
{ 544 j
last session of the general assembly,, and has been
duly investigated during the present session, by a
committee appointed to consider the prosecutions by
the United Sates, against trespassers upon the un-
appropriated lands, your committee believe it to be
unnecessary, at this time to go into a review of the
arguments and principles, by which the claim of the
state of Indiana, to the eminent domain can be sus-
tained. The committee, therefore, ask to be dis-
charged from the farther consideration of the sub-
ject.
Which report was read, and concurred in by the
house.
Ordered, That said committee be discharged
from the further consideration of the subject.
Mr. Ketcham asked and obtained leave to with-
draw the petition of James Mitchell.
Mr. Morrison from the joint committee on enrolled
bills reported,
That they have compared the enrolled with the
engrossed bills, entitled, *
An act regulating medical societies;
An act authorising the leasing of Jackson's Lick,
in Monroe county;
And find the same truly enrolled:
When,
The speaker signed said bills.
Ordered, That the clerk carry them to the senate
fox the signature of their president.
A message was received from the senate, by Mr.
Morris, their assistant secretary, announcing,
That the senate has passed engrossed bills fr^m
the house of representatives, entitled as follows^
to wit:
An act making specific appropiiations for the
year 1830;
An act to establish a certain state road therein
named;
r 545 ]
An act supplemental to an art entitled an act to relocate y
the seat of justice of Dubois county* approved, January 21,
1330; with amendments.
In which amendments the concurrence of the house is re- *
quested.
The amendments proposed by the senate to the first named
bill in said message, were all read and agreed to by the house,
except two, which were disagreed to.
The amendment proposed by the senate to the 2d namend
bill in said message was read and agreed to, except so much
thereof as relates to the town of Fredonia, which was disa-
greed to by the house.
The amendment proposed by the senate to the last named
bill in said message was read and agreed to by the house.
Ordered, - That the clerk inform the senate thereof.
A message was received from the senate by Mr. Morris, their
assistant secretary, announcing,
That the following engrossed memorial, from the house of
representatives, entitled a memorial of the general assembly of
the state of Indiana on the subject of Sunday mails, without
amendment.
Mr. Morrison from the joint committee for enrolled bills re-
ported, that they have compared the enrolled with the engros-
sed bills, entitled :
An act for the benefit of the inhabitants of a certain town-
ship, in Gibson county;
An act authorizing the distributing of the laws and journals,
and for other purposes;
And find the .same truly enrolled.
When the speaker signed said bills.
Ordered, That the clerk carry them to the senate for the
signature of their president.
Mr. Brown from the joint committee on enrolled bills repor-
ted, that they have, on this day, presented to the governor ibr
his approval and signature, the following -enrolled bills, enti-
tled acts, to wit:
An act relative to the river St. Mary's;
An act to extend a certain act therein named to the county
of Warren;
An act for the relief of the securities of Samuel Postlewait
late collector of Dubois county;
A joint resolution relative to «i certain number of the acts of
1324;
An act making appropriation for the improvement of the
id from Indjariapohfe 1
[ 546 j
An act amendatory to the several acts, regulating the juris-
diction and duties of justices of the peace.
An act authorizing the leasing of the French Lick, in Or-
ange county;
An act to amend the act entitled an acfincorporating con-
gressional townships and providing for public schools therein;
An act f o establish a state road from Jeffersonville state
road, on the west side of Silver creek to the lower falls of the
Drift- Wood forks of White river;
An act authorising the leasing of Jackson's lick, in Monroe
county;
An act regulating medical societies^
And then the house adjourned until 7 o'clock, P. M.
7 o'clock, P. M.
The house met pursuant to adjournment.
A message was received from the senate by Mr. Morris,
their assistant secretary, announcing —
That the senate adhere to the 14th amendment proposed by
them, to the engrossed bill of the house, entitled,
An act making specific appropriations for the year 1 830.
and recede from the 13th amendment, proposed by them to
said bill;
And that they also adhere to the amendment proposed by
them to the engrossed bill of the house, entitled^
An act to establish a certain state road therein. hamed, which
amendment was by making Fredonia a point in said road.
Mr. Wallace of J. moved that the house recede from their
objections, to the 14th amendment proposed by the senate, tf-
the first named bill in said message.
Which motion was carried in the affirmative.
Ordered, That the clerk inform the senate thereof.
Mr. Pennington moved that the house adhere to their dis-
agreement to the amedment, to the amendment proposed by
the senate to the last named bill, in said message.
Which motion was carried in the affirmative.
Ordered, That the clerk inform the the senate thereof.
On motion of Mr. Evans, it was
Resolved unanimously, That the thanks of this house be pre-
sented to the Hon. Ross Smiley, for the able, dignified and im-
partial manner in which he has presided over its deliberation?
during the present sessicr
i [ 347 j
Mr. Morrison from the joint committee on enrolled bills re-
ported, that they have compared the enrolled with the engros-
sed bills, entitled :
A memorial of the general assembly of the state of Indiana,
on the subject of Sunday mails;
An act to amend an act to organize probate courts, and
defining the powers and duties of executors and administra^
tors, approved, January 23, 1829;
An act to amend an act entitled, "an act to authorize the
sale of the school lands, and for other purposes," approved,
January 23, 1829.
And find the same truly enrolled.
When,
The speaker signed said bills.
Ordered,, That the clerk carry the same to the senate for the
signature of their president.
A message was received from the senate by Mr. Morris,
their assistant secretary, announcing,
That the senate has reconsidered their vote, adhearingtothe
amendment proposed by them to the engrossed bill of the
house, entitled,
' An act to establish a certain state road therein named, which
made Fredoma a point on said road, and has receded from
their amendment.
And that the senate has passed an engrossed bill of the house
entitled,
An act providing for the election of constables ;
With amendments, in which the concurrence of the house is
requested.
The amendments proposed by the senate to the last named
bill, in the above message, were read and agreed to.
Ordered, That the clerk inform the senate thereof.
And then the bouse adjourned until to-morrow morning 7
a'clock.
SATURDAY MORNING, January 30, 1830.
The house met pursuant to adjournment.
Mr. Brown from the joint committee on enrolled bills, re-
ported that they did on this day present to the Governor for
his approval and signature, the following enrolled bills, enti-
tled ?.rts, to wit:
, i 543 ]
An act for the benefit of the inhabitants of a certain township
in Gibson county;
An act authorizing the distributing of the laws and journals,
and for other purposes;
An act to amend an act entitled an act to authorize the sale
of the school lands, and for other purposes, approved, January
23d, 1829;
An act to amend an act to organize probate courts, and de -
fining thepowersand duties of executors and- administrators,
approved, January 23, 1829;
A memorial of the general of the slate of Indiana, on the
subject of Sunday mails.
Mr. Brown from the joint committee on enrolled bills, re-
port that they have compared the following enrolled, with the
engrossed bills, entitled,
An act supplemental to an aci, entitled an act to relocate
the seat of justice of Dubois county, approved, January 21,
1830;
An act to organize the militia of Hancock, Delaware,
Randolph and Warren counties;
An act providing for the election of constables;
An act to establish a certain state road therein named;
,A'i act making specific appropoiations for the year 1830;
And find the same truly enrolled.
.When,
The Speaker signed said bills.
Ordered, That the clerk carry said bills to the senate, for th«
signature of their president.
On motion of Mr. Pennington,
Resolved, That a committee be appointed to join such com-
mittee as may be appointed on the part of the senate, to wait
on the Governor, and inform him, that the two houses have
gone through their legislative business, and are ready to ad-
journ, if he has no further communications to make to them;
and that the senate be informed thereof; and a similar resolu-
tion on their part requested; when,
Messers. Pennington and Read were appointed said commit-
tee.
Ordered, That the clerk inform the senate thereof.
Mr. Brown from the joint committee, for enrolled bills, re-
ported, that he did on this day, present to the Governor, for
his approval and signature, the following enrolled bills, entitled
as follows, to wit:
An act to organize the militia of Hancock, Delaware, Ran-
dolph and Warren counties;
[ 549 ]
An act supplemental to an act entitled an act to relocate the
seat of justice of Du bois county, approved,. January 21st, 1828.
An act providing for the election constables;
An act to establish a certain state road therein named; and,
A;; act making specific appropriations for the year 1830.
The following report was received from k thc Governor, by
Mr. Griffith, his private secretary:
Ma. Speaker:
I am requested by the Governor to inform the house of re-
presentatives, that he did on the 29th inst. approve and sign
the following bills, entitled act, viz:
An act for the formation of a new county, north of Marion
and Hendricks counties;
An act to amend the act regulating estrays and water crafts
going adrift;
An act supplemental to an act to regulate the judicial cir-
cuits and fixing the times of holding qpurts, passed at the
present session;
I am also requested to inform the house, that he did on this
day, approve and sign the following bills:
An act to amend the act entitled an act incorporating con-
gressional townships, and providing for public schools therein;
An act regulating medical societies;
An act making an appropriation for the improvement of the
state road from Indianapolis to Madison':
An act relative to the river St. Mary's;
An act authorising the distributing of the law^ and journals
and for other purposes,
An act for the benefit of the inhabitants of a certain town-
ship, in Gibson county;
An act authorizing the leasing of Jackson's Lick, in Monroe
eouuty ;
An act to establish a state road from JefTersonvilk state road
on the west side of Silver creek to the lower falls of the
Drift-Wood fork of White river;
An act authoris ->g the leasing of the French Lick reserve,
in Orange county;
An act for the -elief of the securities of Samuel Pastlewait,
late collector of .Dubois county;
An act amewlatiory to the several acts, regulating the juris-
diction and duties of justicesof
I 5^0 ]
'ihe following message was received fromtiie Governor, by
Mr. Griffith, his private secretary:
Mr. Speaker:
I am requested by the Governor to intorrn the house of re
presentatives, that he did, on this day, approve and sign the
following bills, joint resolution and memorial, viz:
An act to organize the militia of Hancock, Delaware, Ran-
dolph and Warren counties;
An act supplemental to an act, entitled an act to relocate
the seat of justice of Dubois county, approved, January 21.
1830;
An act to establish a certain state road therein named ;
An act providing for the election of constables;
An act making specific appropriations for the year 1830.
A joint resolution relative to a certain number of the acts
of 1824;
A memorial of the general assembly of the state of Indiana s
on the subject of Sunday mails.
A message was received from the senate by Mr. Morris, their
assistant secretary, announcing,
That the senate have adopted the following resolution:
Resolved, That the senate do reciprocate the resolution oi
the house of representatives, appointing a committee to wait
upon the governor, and inform him that both houses having
gone through with their legislative business, are ready to ad-
journ sine die: Provided, he should have no further communi-
cation to make to them, and have appelated Messrs. Ewing and
Robb, that committee, on the part of the senate.
Mr. Pennington, from the joint committee, appointed to wait
on the governor, in 'pursuance of the resolutions adopted by
the two houses, on that subject, reported, that said committee
have performed the duty assigned them, and have received for
answer^, that he has no further communication to make to
fnem.
On motion of Mr. Pennington,
Resolved, That the senate be informed, that the house of re-
presentatives have gone through the business before them,
and are now ready toadjournsmc die, and a similar resolution
on their part be requested.
Ordered, 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 adopted the following resolutidO', to wit;
[ 551 j
Resolved, That the house of representatives be informed thai:
the senate reciprocate their resolution, upon the subject of ad-
journment, and that the senate are now ready to adjourn sine
die.
Mr. Pennington then moved that this house do now adjourn
snedic, when the Speaker rose from his chair, and addressed
the house as follows:
Gentlemen of the House of Representatives:
The labors of the present session, are at length brought to
a close, and the pleasing prospect of soon returning to our
families and friends, now presents itself.
Before we separate from the theatre of our public action,
where it is not probable we shall all ever meet again, you will
permit me to avail myself of the opportunity of again tender-
ing to you, my sincere acknowledgments, and to express with
increased gratitude, the weighty obligations 1 am under to you,
collectively and individually, for that preferment with which
you have been pleased to honor me, not only for the confi-
dence manifested by electing me to preside over our delibera-
tions, but also for the very flattering testimonial of your appro-
bation as expressed in the resolution recently adopted.
If my official services may have met with your approbation,
as expressed in the resolution referred to, I cannot be so vain as
to presume that the merit all belongs to myself — the burthen of
the chair has been rendered less arduous, and the business
greatly facilitated by that generous aid and indulgence so lib-
erally extended to me on all occasions. — And be assured that
the unremitting marks of your personal friendship, so striking-
ingly manifested throughout the session, shall be, by me, cher-
ished and remembered, with the warmest feelings of my heart,
and adverted to as one of the happiest events of my life.
Much business both of a general and local nature has been
transacted at this session ; perhaps more than at any preceding;
legislature of this state. Whether our acts will all comport
with the best interests of the state, and meet the approbation
of our constituents, time alone can determine. — One consola-
tion we have — that our productions have been the result ef
caution and due reflection — and have all acted under the ar-
dent zeal and desire of promoting the best interest of the
state.
But, if in the course of the session, any unfriendly feelinr;
may have been excited on the part of any of us; permit m<
earnestly, to request that those feelings may now cease, and
file causes which may bave excited them, be forever buried ?r.
[552]
•blivion — and that the friendship and acquaintance naturally
formed amongst us, while laboring together in the service of
our common country, may be cherished by each one of us to
our latest breath.
The time has now arrived, that we must part — gentlemen,
vou will accept and bear with you to your respective homes,
assurance of my best wishes and prayers for your present and
future prosperity and happiness.
And then the house adjourned sine die.
J. F. D. LANIER,
Clerk of the House of Representative?
APPENDIX (A.)
REPORT
OF
CANAL, COMMISSIONERS.
To the Honorable, the General Assembly of the State of Indiana:
The Board of Commissioners of the Wabash and Miami
Canal, respectfully report:
That on the 25th of May last, the Board wag organized un-
der the provisions of the act concerning the Wabash and Mi-
ami canal, approved, January 23d, 1829, by the Commis-
sioners entering into bonds, for tbe performance of their official
duties; approved by the Governor of the state, and appointing
David Burr, President of the Board, and acting commissioner.
From the facts that the canal route, had been located
mostly before the public lands, in which it i3 situated, had been
surveyed into sections, that no plats of the route had been
made at that time, either by the Commissioners or the En-
gineer Department, except from the mouth of Little river, to
Fort Wayne; that the route had been marked only by Bench
marks, generally one mile distance from each other, and its
intersections with the lines of the surveys of the public lands
never ascertained by any admeasurement whatever, the Board
were under the necessity of having the route surveyed and
marked out, before plats could be made, which would have
been safe to rely on in a division of the lands, or satisfactory
to the general government. They therefore directed the ac-
ting commissioner, to employ a surveyor and assistants, and
survey the canal line, and ascertain its intersections with the
lines of the surveys of the public lands; which was done as
soon as the completion of the surveys of the lands adjoining
the canal line, enabled them to procure the maps and field
aotes necessary to effect that purpose; correct plats were
then made out and forwarded to the Commissioner of the
General Land Office.
m
The Board, on the 26th May last, addressed a letter to the
Commissioner of the General Land Office, on the subject of
selecting and setting apart the canal lands. His answer to the
inquiries made, was received in July last, and enclosed an
extract of a letter to Gov. Edwards, of Illinois, on the subject
of the canal lands in that state, which he suggested as the ba-
sis of an equitable division, to be pursued in regard to the canal
lands in Indiana; stating also, that no positive opinion could
be given, until the plats of the route were received. The
proposition suggested, limited the share of the state, to alter-
nate tiers of sections, running back five miles on each side of
the canal line, and would have given for the share of the state,
520 sections, a quantity less than what the Commissioners
supposed the state entitled to receive, under the provisions of
the act of Congress, of March 2d, 1 827.
After the plats were completed and a selection made of the
first tier of sections for the state, a proposition was forward-
ed to the Commissioner of the General Land Office, to select
the lands according to the following principles: To lay off a
line at right angles to the general course of the route, five miles
on each side of the terminating points. To connect the ex-
treme points of these lines at right angles, by sides parallel to
the courses and distances of the route. To consider the frac-
tional sections on each side of the rivers as equal to entire
sections. To make the selection by entire sections, in tiers of
sections running North and South alternately, on the canal
line, from one boundary line to the other, and to avoid throw-
ing the outside sections into unsalable portions, where they
were intersected by boundary lines, to calculate the areas of
the intercepted part, and in the division, when the included
areas amounted to 320 acres, for the state to take the first en-
tire section, and keeping an account of the excess or deficien-
cies, adjust the selection to an equal division, by taking or
leaving the first entire section, intersected by the boundary lines
in the tiers selected for the state, when the included quanta
ty wa6moreor less than a half section.
The Board supposing that the above mode of selecting the
state lands, would meet the approbation of the Commissioner
of the General Land Office, in conforming as nearly as prac-
ticable to the mode suggested in his communication of the 15th
of June, and claiming for the stale, a quantity of lands, equal
to the amount only, which would have been received if the
ceded tract had been surveyed into section?, with the outside
section lines, five miles from, and parellel [to the canal route, made
out maps of the canal grant, exhibiting the particular land?
(3)
selected for the share of the state ; which have been forward;
ed to the Commissioner of the General Land Office, and sub-
mitted for his approval.
The manner of selecting the state lands, suggested by the Com-
missioner of the General Land Office, in his communication of
the 15th of June last, was to select, in tiers of sections, and for
the state to select the first or second tier, which would deter-
mine the shares of both parties, to all the lands in tbe canal
donation. The western termination of the canal route was
located by Col. Moore, in Sec. No 9,Township No. 24 N. Range
No 3 W. But upon examination, to select the first section
for the state, it was found that there was no perceptable differ-
ence in the depth of the Wabash river, between sections 9 and
10, and that the cost of constructing a basin in section 10, would
be less than in section 9, and that if section 10 were selected for
the state and the location of the route discontinued from that
section, the state would own the section at the termina-
tion of the route, and would avoid selecting the 16th section,
in all the townships situated within the limits of the canal grant.
The board therefore changed the location, so as to terminate
at the section line, between sections 9 and 10, and selected
section No. 10 in Township No. 24 N. Range No. 3 W. for the