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House of Representatives Indiana. General Assembly.

Journal of the House of Representatives of the State of Indiana, being the fourteenth session of the General Assembly, begun and held at Indianapolis, in said state, on Monday the seventh day of December, A.D. 1829. (Volume 1829-30)

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ttrdent spirits and exciting a commendable spirit of emulation and a
zealous competition in laudible and usefnl pursuits, among the sons
and daughters of Indiana. If in connection with this object, the
manufacture of the article of whiskey for export could be encouraged,
and its excessive consumption at home discountenanced by some satis-
factory, mode of restriction, the wealth of the country would be in-
creased and the moral condition of our society greatly improved and
meliorated. A small amount also exacted from professional gentlemen,
whose occupations are more useful to themselves than to the public,
as a bounty fund, would tend not a little to induce into the field of
enterprise, many a fair female competitor for skillful and industrious
fame in the munufacture of good substantial fabricks for clothing.
Much has been effected in other States, by commendable and generous
efforts, and by means of agricultural and other societies, striving to
raise the yeomanry, the artists, and mechanics of the country, to an
equably with the first rank of honorable professions — their most un-
questionable right, — and something may be done by you, to insure to
merit here, whether at the plough or in the workshop, at the needle_.
spindle, or the loom, its own high reward.

COLONIZATION.

The colonization of free blacks, dispersed through our country ui
the native land of their fathers, is passing the ordeal of philanthropic
reflection, and gradually rising to public view, under the patronage of
the American Colonization Society. No period in the annals of our
hislory, would be hailed with more universal acclamation, than that
one, which shall accomplish the return of these long degraded and un-
happy members of the human family, to the country in which their
God had placed them; from which they have been oppressively torn by
the hand of tyranny, to gratify the most sacriligious cupidity. We
long to celebrate the jubilee of freedom — of general and uncondi-
tional emancipation, of every soul held in bondage, because his skin
is dark. We look forward, with forvent hope, to the important era^
when we shall see them wending their way across the Atlantic, bearing
with them the religion of the cross, and the eternal principles of liber-
ty and equality, t« a wnfttry where they may organize a government of



[35]

their choice, and take their sable stand among the nations of the earti.
But this is not the work of a day. And if in attempting to identify
the colonization and emancipation of our coloured population with
the politics of the country, as a popular hobby, before the public mind
and resources are prepared to yield to the good work, their effectual
sanction, we shall touch the sensitive chord with too bold a hand, so
as to endanger our magna cliarta, the great cause in hand, and the
union, and thus effect the overthrow of our »\vn liberties, the pre-
mature zeal affectcde on the subject must be long a fruitful source
of perpetual lamentation. If there were no latent intention in the
«nd, of levying a tax upon the free States, for the purchase of slaves.,
or in some other way, forcing a manumission — thereby strengthening
the inducement and obstinacy of their holders to continue their
bondage, until remuneration or compunction of conscience might
reach them, they would have excited less jealousy. If, instead of
this, the talent of the country were fairly enlisted to convince
the people of the slave states, of what their own experience will
ultimately show, that free labor is more profitable than slave labor,
so as to produce a voluntary abandonment of the unnatural and unchris-
practise, without looking to the treasury of the nation, and the conse-
quent introduction before Congress, of a question more dangerous to
the constitution than any enemy we have ever yet encountered, ten-
ing to incite the blacks to the perpetration of the most horrid insurrec
tions and murders, means would have, ere this, flowed into the coffers
of the society in greater profusion. With such modifications, distrust
would give place to general support; and the next generation might be
saved the mortifying spectacle, of beholding the manacled African
writhing in his fetters, in the temple of human freedom. I lay be-
fore you, at the request of the Governors of Missouri, Georgia, and
South Carolina, resolutions of those states, denying the right of the
general government, by the constitution, to appropriate money for the
use of the society.

COLOURED PEOPLE IN INDIANA.

Duty to the State of Indiana, requires me to remark, that
the scourge of the oppressed is not confined, as it should be,
exclusively to the land of the oppressor. But, that this State,
in common with her other free sisters, is not exempt from the
lash of our crying national sin. A now-productive and in
many instances, a super-annuated popiilation,is pouring in upon
us, possessing all the affirmative bad qualities of the uneducated,
immoralised bondman,without affording any of his advantages,
living without visible means, or labor — most of whom are pau-
pers on society. This, being the consequence of expulsion
laws of other States, less humane than ours, renders correspon-
ding measures on our pr»rt necessary and inevitable. Whilst
our laws and institutions proclaim the State an asylum for the
good, virtuous, and useful of all nations and colors, it is due to
ourselves and to the rights of posterity, that we should not



tamely submit to any imposition, which is the direct effect of
foreign legislation. Though it might savour somewhat of in-
justice to interfere with aoy that are already here, it will still
become your province as it is your right, to regulate for the
future, by prompt correctives, the emigration into the State,
and the continuance of known paupers, thrown upon us from
any quarter. Such, if they cannot afford, by sureties, indem-
nity to our citizens in a reasonable time, should be thrown back
into the State or country from whence they came. To effect
this, it may be proper to require them, on entering the State, to
file a proclamation of particulars with evidence. No terms,
however, should be demanded which could not, in the nature of
things be complied with. For to those of them who will fill
up the measure of duties of good citizens, the hand of fellow-
ship should be offered ; and to such a proper and necessary
portion of the citizens' privileges should be extended, that they
may have some inducements to the performance of virtuous
deeds. But shorn as they now are, of every incentive of the
kind, they can do but little more than agonize in silent despair.

INDIANS.

Two tribes of these aboriginal people are still lingering
within our borders. Their growing indolence, their alarming
intemperate habits, their primitive simplicity of manners, their
increasing dependence upon their social neighbors for the bread
of life, their diminished prospects of living by the chase, their
perpetration of murders and other outrages of dangerous pre-
cedent, their frequent collisions with our people, their unre-
strained exhibitions of their own savage customs before our
citizens and citizens' children, the impositions which for the
lack of knowledge, they are ever suffering from their
more artful brothers, and their destitution of any moral code
whatever, are all weighty considerations that combine in sum-
moning them before you as children to be governed. A trial for
half a century, to better their condition as independent nations,
or tribe*, has only served to increase their future wretchedness.
They have, by some unaccountable fatality, acquired all of the
vices of the whites, with but few of their virtues. Besides,
the absurdity of one independent power residing in another,
both the happiness of the natives and the policy and interests
of the government, call emphatically for a change of relation
between the parties. It is time that Agency domination was
yielding up its absolute sway, to the mild and salutary laws of
free, enlightened and religious freemen. The hearts of the
Indians themselves, would team with thanksgiving, after real-
izing their advantages, for the preserving influences of organic
law. If upori the first shock, they should receive, by the exten-



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sion of the laws of the State over them, their timidity should
not overcome them, so as to incline them to sell and move be-
yond the Mississippi, a cheering hope may yet be indulged, that
their infantile offspring may be reared, to understand, venerate
and enjoy, the blessings of tbe social system. The act of en-
forcing our State laws upon the Iidians, must be Accompanied
with great prudence and forbearance on the part of the execu-
tive officers. Between the extension of our laws a d their lia-
bility to them, sufficient time should be given to enable them to
understand the new rule of their conduct. Special modes of
promulgating the laws, must of necessity be resoned to. A
school for legal and other instruction ought to be instituted.
Whether these people stay within the State or go to the cou.itry
alloted to them, after they are brought to an equality with the
citizen, and subjected to his burdens and counted in the fede-
ral census, their landed possessions must soon form an item in
the revenue of the State. If they remove, they will sell
to the United States; and if they sub; it, it is the opinion of
the President, that their national property must be carved up
into individual rights.

It giveg me much pleasure to inform you, that in submitting the
above proposition, I am fortified by the opinion of the President of
the United States, and by late legislative enactments, of most of the
States that feel an interest in the matter, and have Indians within their
limits. The success of the measure must be of signal service to all
such States. In the prosecution of our canal, the execution of the
policy must produce the most pleasing results. There is nothing in
the federal constitution, or in the laws of Congress, to forbid this ex-
ercise of power.

SPECIAL COURTS.

The many imprisonments in jails for so long a vacation as that
which elapses between the semi-yearly terms, at heavy county expense,
will appeal to you for a remedy. A power vested somewhee, to con-
vene a court by proclamation, to try special cases, under the existing
judicial regulation, is demanded by economy.

PROBATE JUDGE.

It will be seen from examination, that the propate law of the
last session, needs some revision, and particularly an amendment which
will provide for filling the vacancy of the office of probate judge
when it may occur.

CONTEST OP ELECTIONS.

A less ambiguous law than the one in force, has been found to be ne'
cessary, providing for the trial of contested elections, and for certfy.n
their decision to the executive. The duties of tiie county officers an^
of the clerk particular, in such cases, should be more carefullyd
pointed out.

CHIEF MAGISTRATE.

Since the adjournment of the last Legislature, one distinguished



I 38 j

iiuencan citizen has retired from the Presidential chair, and another
has occupied it. The most sincere regret only can be felt, that the
change did not carry along with it, more indications of submission
and resignation on the part of the minority ,to the mighty work,wrought
by the people themselves. A respectful regard for the will and opin-
ions of the majority should have hushed the murmurings of discon-
tent, and displayed a magnanimity as noble as the defeat. The same
high sense of patriotic devotion to country, which led the friends of
the late chief magistrate, to give to his prosperous administration, a
generous, honest and liberal support, because he was the constitutional
and legitimate President of the nation, and because his leading mea-
sures were based in the public interest, should, with increased proprie-
ty, incline the same persons to' sustain the ably and judiciously con-
ducted administration of the excellent man who now guides the helm
of State; because he super-adds many reasons offered for giving

a support to his predecessor, an irresistible claim to respect and obedi-
dence, th« omnipotence of public sentiment and publicly expressed
popular predilection. If these causes will not, in the public estima
tion, justify the support of the righteous acts of the present authori-
ties, then, we have already nothing but a republic shorn of its cardi-
nal principles ; a factious minority endeavoring to rule — too aristocratic
and stubborn to submit to the majority, and trampling their will, as it
were under their unhallowed feet. What besides consistency of con-
duct in this respect — standing erect and unchanged upon an unchang-
able set of principles,— will be more efficacious in restoring a distrac-
ted country to its departed tranquility? Nothing less than an aban
donment of men, and an adherence to measures strictly, will unite the
divided affections of brothers — throw the son into the embrace of his
father — and solder the recent enmities of old friends, never excited
till the witchery of party and the cry of proscription rent them asunder.
Nothing else will place aspirants to public office upon their moral cha-
racter and unalloyed merit. If the broad axiom,, allowed to be correct,
by all, that this is a government ofla'vs and measures and not of men,
and that the greatest indifference should be felt as to who the agent
is, so that he has merits, be as tenable as popular, it is difficult indeed,
to perceive upon what grounds the supporters of the present administra-
tion who were supporters of the past one, can be justly made the ob-
jects of censure. The will of the people should beythe supreme law.

PRESIDENTIAL ELECTION.

At the instance of the Governors of the States of Louisiana and
Missouri, I lay before you, resolutions of the Legislatures of those
States, proposing a change in the Constitution of the United States,
relative to the election of President and Vice-President of the same.
The history of the eventful struggle which has just terminated — the
irritated feelings engendered by a late election by Congress, threaten-
ing to rend the Union in twain, — an anxious care for the harmony of
the States, ami a community of attachment for the purity of elections,
constrain us to look to the PEOPLE, as the only safe depository of the
?rup3nduoug power and privilege of making the President and Vice



[39]

President. These resolutions with admirable foresight, contemplate
the election of those high officers for the term of six years, and ren
dering them ineligible afterwards. That the pationsgeof the Presi-
dent may, in noc.se, be made to influence State elections; and that
the head of the nation may suffer less in character, in the eyes of the
world, from the licentiousness of the press, by removing the motive
to scandal and misrepresentations — the President should never be allow-
ed to be a candidate for the Presidency. The mode of election ought
to be uniform throughout all of the States, by general ticket. The
intervention of electors maybe dispensed with. The due weight of
the States, respectively, should be reserved, as is now guaranteed to
them by he constitution. It would be best not to submit the decision
in any cise whatever, to Congress, for let them act ever so pure, suspi-
cion will assail them.

TARIFF.

Relative to the tariff of 1828, it will become my duty to lay before
you, reports, preambles and resolutions of the States of Virginia,
Georgia and South Carolina. These States are protesting against the
present tariff, with a gravity and an earnestness, that entitle the docu-
ments which they have placed in our hands, to an attentive perusal,
and their contents to the most respectful consideration. At the ap-
proaching session of Congress, a revision of the tariff is expected. It,
is conceded that the present tariff gave satisfaction, neither to its
friends nor its enemies. Hence, the probability of it again being
made this winter, the subject of animated debate. Interested as we
are, in having a high duty imposed upon every article imported into
the country, which the genius, industry and ability of our citizens can
manufacture or extract from the bowels of the earth, by labour, or that
the soil will produce, the present opportunity of expressing your senti-
ments to your Congressmen, will doubtless be seized upon with an ar-
dor becoming the special occasion. It is the least of my fears, that
any opinion you shall express, will look to the aggrandizement of any
9nc section of the confederacy at the expense of another. The three
great contending interests of Agriculture, Commerce, and Manufac-
tures, should meet each other on ihe open field of compromise, and
there sacrifice sectional prejudices and jealousies, on the altar of the
Divine commandment, "do unto others as you would that they should
do unto you," and so settle dewn upon a new American System which
shall do equal justice to all. Let '-Greek meet Greek*'with the above au-
thority added to the modern axiom,"«:e cannot buy unless u-e can sell,"
and the hydra which threatens a dismemberment of the greatest monu-
ment of genius and patriotism, of the last half century, must siekei'
and die under the stroke of its influence.

NATIONAL INTERNAL IMPROVEMENT.

You will also be presented with resolutions of the States of Virgin
ia, Georgia and South Carolina, denouncing internal improvements by
the General Government, as an infraction of the Federal Constitution.
Too many successive heavy majorities of Congress, have sustained
fhr>ir right to improve the interior of the country a 1 ? well sfs the Atlan-



[40]

tic coast — there is too much justice in distributing equal proportion?
of the common treasure, to all parts of the count 17, and the constau
tion is too explicit in more than one of its provisions delegating ex-
pressly the authority to act, for any serious effort to be successfully
made at this day, to check the progress of a system, beanng in its
train, blessings co-extensive with our national bojndaries. But
though we may consider ourselves secure, in the continued exercise of
this power — of so much consequence in the prosecution of works of
public and private utility, and for the purposes of defence and com-
merce : — yet a vigilance commensurate with the great inter sts at stake,
may lead you prudently to make a renewed expression of your appro-
ba'ion of the principle. The preservation of the treasury in nearly
its present flourishing state, and the maintenance of this power in
the United States, as far as the Constitution, in its limbed specifica
tions will permit, constitute our hope for prosecuting many of th; se
mediums of intercourse, which have been marked out inthf 1 Stites as
such valuable auxiliaries to our prosperity. If the treasury sh. 11 be con-
siderably impaired by a revenue tariff only, instead of a tariff for pro-
tection, the improvement of the interior, by the loss of its very soul
and aliment, must suffer a tremendous check.

DOMAIN.

The wishes of this stiteon the propriety of a cession from congress
of the unappropriated lands within the state, have been solemnly ex-
pressed and forwarded to the proper authorities. Nothing has yet been
effected ; and perhaps nothing will be, until the national debt is dis-
charged. When that event transpires, a principal cause for no yield-
ing the lands to the states, will have been removed. It is not so very
clear, whetbereven a general cession to the sta'es, wor.ld be pr ferable
to a sale and an equitable distribution of the proceeds among the states
wlievethe l°ndslie, or if grants could be obtained, from time to time,
to aid them in building up seminaries of learning,eodowing colleges,im-
provingthe navigation of rivers, and for making roads, canals and rail-
ways. Applications to Congress for portions of the public lands as we
want them for special purposes, may be supported by all of the rea-
sons which could apply to a request for a general cession on a demand
of right, and world be made with equal modesty and consequent pros-
pects of success ; without, raising the vexatious question of ti'le. How-
ever much we may think we are entitled to the lands in question, how-
ever anxious we may be to get them and however strong our claim;
yet, it must be evident to all, that it must be prosecuted under the most
discouraging circumstances, whilst our delegation in Cong-ess do not
all act in concert with us, refusing to obey the instructions of the Le-
gislature on the subject, and virtually declaring independence of the
same.

nOSPITAL IN TENNESSEE.

I have it also in charge to lay before you, a resolution of the state of
Tennessee inviting a co-operation of all the states, west of the Allegha-
nry mountains, in the erection of a hospital at Memphis in said state.
As many of our citizens may become objects of its charity, it is but



[ 41 J

i^asonable that we should divide the burden of the institution, if the
location should be approved of by you.

HOSPITAL IN KENTUCKY.

I shall lay before you another resolution with a report, asking aid to
sustain a hospital at Smithfieid in Kentucky, erected by that state^
This state could have no objection to a power given by Congress to
Kentucky, o collect a toll or tax on the commerce of the Ohio river,
when the same should land at Smithfield, if her finances should not be
In a condition to assist othewise.

SCHOOL SECTIONS.

It will be perceived that a committee ©f the last Congress, reported
in favour of authorising a relinquishment to the Uniied States, of the
School section sixteen, in any congressional township, when of a limit-
ed value, and the selection of any other lands within the district foi
the use of the inhabitatants of such townships. Some of the state author-
ities, should be direc'ted to select these lands for the townships which
may deem it desirable to avail of the privilede,if a law should pass on
this subject. This is of sufficient interest to call for a memorial from
you on the subject, as there are many school sections in the state, of little
or no value.

INDIANA COLLEGE.

It is supposed that this institution will commence its first session,
with about fifty scholars, under the charge of the Rev. Mr. Wiley, its
president. Additional sales of the college lands, are called for, to cre-
ate a fund for the purchase of a library and the necessary apparatus for
the professorships. The plan of sales recommended for the disposition
of the canal and road grants of land, would, if applied, to those lands,
ereate a handsome fund annually for the gradual increase of a library
and other essential college appendages. If any abuses have existed in
the institution, they should be promptly exposed; and if on the Other
hand, its professors have been unrighteously assailed, it will be your
pleasing task, to forthwith announce their innocence that confidence
in the college, may be more fully confirmed.

STATE CENSUS.

This Legislature will feel themselves bound to provide foe taking
the state census, required by the constitution to be taken every fifth
year. The ordinary mode of taking the strength of the state may suf-
jfice; but, it is believed, that more accuracy would attend the discharge
of the important duty, if your law required the appointment of an in-
telligent individual in each township in the state. By this simple pro-
cess, we shall get our whole strength. And as the Marshal of the state,
will take the census also next season, in order to determine our federal
representation, this plan might be made to render him much assistance.
It might serve to correct his own report, generally under the real num-
ber of his district. The present strength of the state is thought to be
about three hundred and sixty thousand, and if the taking of the cen*
sus, should be deferred until next fall, so as to avail of the ensuing
season's increase natural, and by emigration, we shall confidently look
f5r four hundred thousand souls to be numbered. When this shall be
6



142]



contrasted with the one hundred and forty-seven thousand which was out
number in 1820, it will shew an increase in ten years, scarcely to be
credited. By the year 1840, Indiana will be ranked in the first class
of states. The Empire is rolling westward and soon the tide will flow
far beyond us, and so onward, until the check which the Pacific ocean
shall give it, will throw back upon us a redundant population,

CIVIL CODE.

The task of preparing a civil code of laws for the state has been
commenced, but owing to a press of private and official business, tire

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