to be performed by the state of Indian;;, that the state of Ohio will con-
struct that part of said Wabash and Miami canal, that lies within her
limits; and that the state of Ohio shall commence the construction of
the same, within five years from the first day of January, 1830, and com-
plete the same within fifteen years thereafter : Provided, that the state
of Indiana shall have commenced (hat part of said canal, which will
be within the limits of the state of Indiana, within the period limited
by the act of Congress aforesaid, approved the 2d March, 1827.
2 It is also stipulated and agreed, in consideration as aforesaid,
that the state of Ohio shall keep and preserve that pnrt of said canal,
within thelimitsof thestateof Ohio, in such astate of repair, as always
[67]
to admit of the free and uninterrupted navigation of the same, and thai
the citizens of the state of Indiana shall be permitted to navigate the
same with their boats, merchandize, and all other property, and shall
be subject to the payment of no higher, or other tolls, duties or impo-
sitions, than are paid by, or imposed on the citizens of Ohio, naviga-
ting the principal canals of Ohio. s
3. The state of Indiana, for and in consideration of the stipulations
and agreements, as aforesaid, to be performed by the state of Ohio,
doth agree, that she will, within one year, after this contract shall have
been ratified by the legislatures of the respective states, convey and
relinquish to the state of Ohio, all the right, title and interest granted
to the state of Indiana, to the lands within the limits of the state of
Ohio, by the before recited act of Congress of the 2nd March, 1827;
but it is fully understood, and it is agreed by and between the con-
tracting parties aforesaid, that if the state of Ohio should fail, after
having ratified this contract, to complete that part of said canal which
shall lie within the limits of said state as aforesaid, within the time
stipulated in this contract, then the said lands, hereby agreed to be
conveyed to the state of Ohio, shall revert to the state of Indiana;
and the state of Ohio, shall release to the state of Indiana, all the right,
title and interest, she shall have acquired therein, by virtue of this con-
tract, or otherwise; and it is further agreed and stipulated by and be-
tween the contracting parties, as aforesaid, that if the state of Ohio
shall have sold, or otherwise disposed of said lands, or any part of
them, then in case of failure as aforesaid, the state of Ohio shall pay
to the state of Indiana, the amount of monies for which siid lands
ghall have been sold, and which shall, in no case, be less than one dol
lar and twenty-five cents per acre.
4. It is furthermore agreed and stipulated, by and between the par-
ties aforesaid, that the state of Indiana shall complete that part of said
canal, which shall be within the limifs of said state, within fifteen
years from the first day of January, 1830.
5. It is further stipulated and agreed, by and between the said con-
tracting parties, that the said canal, when finished, shall be open to the
navigation of the citizens of the' other states of the Union, upon the
same terms* that the same is navigated by the citizens of Ohio and
Indiana.
6. It is further agreed by the contracting parties as aforesaid, that
so soon as this contract shall have been fully ratified, the legislatures of
the respective states of Indiana and Ohio shall apply to the Congress
of the United states, so to modify the said grant of land made to
the state of Indiana by the act of Congress aforesaid, as to vest in the
state of Ohio, the title to so much of said lands, as.lies within the
limits of said state, when the state of Ohio shall have completed, in
good faith, that part of said canal, which shall be within the limits of
said state, and which, when made, shall supercede the necessity of any
deed of relinquishment, or other grant of said lands, from the state of
Indiana to the state of Ohio.
7« It is further agreed by the contracting parties as aforesaid, that
[68j
this contract shall be perpetual between the said states, parties heret»,
subject nevertheless, to such alterations and modifications, as may be-
mutually agreed upon by the legislatures of the said states.
8. It is further agreed that this compact shall be ratified or rejected
by the legislatures of the respective states, parties hereto, prior to the
first day of February, 1831.
In witness whereof we have hereunto set our hands at
Cincinnati, in the state of Ohio, this third day of October,
1829.
(Signed,) W. SILLIMAN.
JER SULLIVAN.
To the General Assembly of the State of Indiana.
The Commissioner appointed by the . eneral Assembly of the s*ate
of Indiana, to adjust the terms upon which the lands granted tc this
state by the act of Congress, of the second of March 1827, shall be
conveyed to the state of Ohio, did in obedience to the joint resolution
of the General Assembly, approved January 5th, 1829, forthwith
proceed to the seat of government of the state of Ohio, for the purpose
of entering upon the negotiation entrusted to him. The legislature of
Ohio, acknowledging the importance and necessity of the adjustment
asked for by Indiana, did, after d,,e deliberation, authorize and require
the Governor of that state to appoint a Commissioner to treat with
the undersigned; and to report his proceedings to the General Assem-
bly of that state, for its approval or rejection.
Having been officially informed of the appointment of Wyllys Silli-
man, Esq. Commissioner on the part of the state of Ohio, I had the
honor of meeting that gentleman, and of entering with him on the con-
sideration of the following subjects, with which the undersigned is
charged in the joint resolution above referred to.
1. The terms upon which the right and interest of the state of Indi-
ana, the land within the state of Ohio, granted to the state cf Indi-
ana, by the act of Congress of the second of March 1827, shall be con-
veyed and relinquished to the state of Ohio.
2. What provisions should be made, securing to the citizens of the
state of Indiana, who may be engaged in the transportation of merchant
dize ontheM'ami Canal, the same privileges, and the same terms that
the citizens of Ohio may be allowed and enjoy, on the Wabash and Mi-
ami Canal.
3. The time when the state of Ohio will construct the Miami Canal.
and
4. The manner and terms upon which the Wabash and Miami Ca-
nal of Indiana, and the Miami Canal of Ohio shall be connected.
After much deliberation we agreed upon a compact, the original of
which is filed in the office of the secretary of state, and a copy of which
is herewith transmitted for the consideration of the General Assembly,
The undersigned regrets that a contract more satisfactory in its pro-
visions, and particularly with regard to the period within which the
whole line of the Canal shall be completed, could not be made. On thai
[W]
jjomt the OMo commissioner was unyielding. Believing that the states
could accomplish the work in a much shorter time than fifteen years,
I proposed lo the Ohio Commissioner a period less distant, and urged
its acceptance upon him, but finding that he was bound by instructions
from which he did not feel at liberty to depart, and remembering that
©ur proceedings would receive the deliberate consideration of the ( en-
eral Assembly, I submitted to that provision and signed the contract.
It will be remembered that Ohio is now engaged, in works of vast ex-
tent, and although she is rich in resovr ces, strong in numbers, and in
every respect entirely competent to fulfil all her engagements, yet she
is unwilling to embarrass herself with new undertakings or to pi oject
new works, u:itil those in progress are completed. The works in
which that state is now engaged will be completed it is believed in less
than five years, after which it is hoped, she will keep pace with Indiana
in the construction of the Wabash and Miami Canal. The fact that
the trade and commerce of the northern and most fertile parts of Indi
ana, Illinois and other regions further west, would become tributary to
Ohio, by the extension of the Wabash and Miami Canal through her
limits, is a sufficient guarantee that Ohio will, at no distant day extend
it to the Maumee Bay. It is well known in the state of Ohio, that the
waters of the Wabash, can be connected by a Canal with the waters of
Lake Erie, without entering upon the territory of Ohio.
We are therefore assured, not only from the magnanimity of her
character, but by the wisdom and providence of her councils, that Ohio
will complete the contemplated canal on the most direct route, to the
Maumee Bay.
That Ohio would make a contract by which she could obtain the use
of our lands for a few years, wi'hout intending in good faith to com-
plete the Canal within her limits, in the time agreed on, is not to be
supposed. The bare supposition, that she may oo so, is dishonoring
to that state. The grant of lands from the Congress of the United
States to the state of Indiana, puts it in the power of Indian a to dispose
of the lands in that grant, and use the proceeds for twenty years, and
then pay to the government the value of the lands, without interest.
The imputation that Indiana would act dishonorably and in bad faith,
was not made on the floor of Congress, when the bill making that grant,
was under consideration. Such a supposition would have amounted
to a charge of perfidy, and would have been indignantly repelled.
Would the legislature of Indiana have accepted the grant made by the
act of Congress of the 2d March 1827, if it had contained a provision,
that in case of failure to complete the Canal within twenty years, the
value of the land, with interest, should be paid to the United States? If
she would not, we cannot suppose that any compact made with the
state of Ohio, containing such a provision, would be ratified by that state.
The undersigned supposed, that all the advantages which the state of
Indiana had acquired by the grant of the second March, 1827, would
be cheerfully surrendered to the state of Ohio, so soon as she would
undertake, in good faith to relieve Indiana of the labor and expense of
^tending the canal, and completing the work herself Under this in>
L70 1
fa-essiem he acted, the propriety of which, he submits to the general
assembly.
In relation to the extension of the Miami canal, the manner and
terms upon which the Wabash and Miami canal of Indiana, and the
Miami canal of Ohio, shall be connected, and the privileges to be
secured to the citizens of Indiana, navigating the Miami canal, the
undersigned communicates, that on these subjects, or either of them,
the Ohio commissioner was unwilling to treat. The extension of the
Miami canal to the lake, is not yet authorized by the legislature of
Ohio, nor is its practicability satisfactorily ascertained. It is obviou*
therefore, that all negotiation on these points, at this time, would be
premature.
I have the honor to be,
With respect,
Yr. vy. obt. servt.
JER. SULLIVAN.
Hon. Ross Smiley,
Speaker of the House of Representatives.
Indianapolis, Dec. 10, 1829. v
Which were read and referred to the committee
on canals and internal improvements.
On motion of Mr. Blake,
Ordered, That fifteen hundred copies thereof be
printed for the use of the members of this house.
The speaker laid before the house the following
communication from the Governor.
EXECUTIVE DEPARTMENT.) '
Indianapolis, Indiana, December 10, 1829. $
Ross Smiley,
Speaker of the House of Representatives,
Sir — I lay before you, fnr the use of
the General Assembly of the state of Indiana, Mr.
J'hn Gardiner's invention of the Roller or Wheel
Road.
Respectfully,
Your obedient sprv^nt.
J. BROWN RAY.
[71]
Which, together with the accompanying docu-
ments was read and referred to the committee on
roads.
The house then adjourned until 2 o'clock P. M.
2 o'clock. P. M.
The house met pursuant to adjournment.
The speaker laid hef'ore the house the following
communication from Samuel Merrill, treasurer of
state, together with its accompanying documents.
Treasurer's Office,
December 10, 1829.
Sir:
Herewith are transmitted to be laid before the House of Repre-
aentatives, the following papers, viz :
No. 1. Annual report of Treasurer.
2. Loan office Report.
3. List of borrowers of Seminary funds.
4. List of payments from Contingent fund.
5. Stationary purchased by Treasurer, for the use of the statg,
I have the honor to be &c.
S, MERRILL,
Hon. Ross SinnEr.
(No. l.)
Treasury Department,
December 10, 1829.
The Treasurer in obedience to the directions of the "act cob-
cerniog the Auditor of Public accounts and Treasurer of State,
respectfully submits the following report of the Public Revenue
and expenditure from December I, 1828, to December 5, 1829.
Amount in the treasury Dec. 1. 1828, .$11,348 01
Receipts from that period to 5th Dec. 1829.
am taxes due for the
year
1822,
$145 47
\i «
ft 11 it
si
1823,
606 13
:c <J
«( a a
«
1824,
69 60
It (C
K U I
.(
1825,
19 52
■i a
(i (( Cf
u
1826,
144 38
it «
K (( i(
«(
1827,
218 10
[C «
«( « «.
u
1828,
27001 86
U «
il <( (C
'«
1829,
2885 08
1 Sale9 oflots in Indianapolis.
3053 ni
[72]
'* " of SPtninary lands,
" " of lanils mortgaged to loan office,
B Loans refunded
" Interest on loans,
u Adro'rofT. Peccast, who left no heir9,
" Militia fines, 39»h ao'l 48th regiments,
" Superintendent u( French Lick,
Total rec'ts,
4617 9t
27 l 60
496 84
1394 79
36 74
36 37
25 00
Making in all,
Expenditures during the above period?.
Contingent fond,
F««r printing and stationary,
Piy and milage of membeis of legislature,
Salaries of th^ judiciary,
u u « Exe.ntive,
" « " Pi osecuting attorneys,
" " Aljt and quarter master general,
Specific appropriations
Expenses of presidential election,
" State prison,
<e State lihrary,
" Probate judges,
" Premiums for wolf scalps,
" Michigan road,
" Canal fund,
Appropriation for Wabash and Miami canal,
" " Salt springs,
Paid to county seminaries of militia fine9,
Orders of trustees of Indiana College and allowances
in relation to «ame,
Salary of agent and appropriations for improvements
at Indianapolis,
Loans of seminary funds and consideration of a tract
of mortgaged land sold on credit,
Leaving in the treasury on the 5th Dec. 1829,
4102S W
#52371 51
394 27
2667 00
11699 82
5703 38
2138 96
964 50
206 25
1618 91
172 30
619 52
63 63
18 00
555 SO
1828 64
1442 45
1000 00
85 00
20 26
194? 07
2247 44
7070 Of
10123 68
62371 61
The claims to which the state is liable, are as follows:
Out-standing warrants, 162 06
Salaries and special allowances not yet audited, 1863 00
Conscientious fines 542 52
Pay of probate judges, (estimate,) 1000 00
Ihdianapolis fund, 3307 34
Making in all $6974 31
L731
Which deducted from the cash on hand, leaves $3148 77 of
old delinquencies and of the revenue of 1829, there will proba-
bly be paid during the next financial year, the sum of $28,50©,-
whicb, with the cash on hand, will make $31,648 77 to
meet the current expenditures of the year. The expenses of
the last year, without taking into consideration the Indianapolis
or College payments which are drawn from different sources,
amount to $30,988 37. The expenses of the ensuing year, will
probably exceed that sum, as the pay of probate judges will be a
heavy additional item. Should they amount to only $31,000,
there will be in the treasury on the 1st Dec. 1830, $648 77
The state revenue from the year 1822, to this time has arisen,
almost entirely from a tax on polls and land. During this period
the taxable polls have increased from 28,500 to 48,500, and the
taxable land from 1,874,710 acres to 3,595,177 acres The in-
crease was much larger in the years 1823 and 1824 than any
which have succeeded, as may be seen from the following state-
ment of actual receipts, calculating the revenue at the present
rates.
Receipts for the revenue of 1822, $17,400 00
1823, 20,315 00
1824, 22,834 00
1825, 24,395 00
1826, 25,635 00
1827, 27,091 98
« " « 1828, 29,721 18
" « " " 1829, estimate 31,500 00
Judging from the past, the revenue of the state can hardly be
•xpected to increase more than from fifteen to eighteen hundred
dollars per annum. The increase in expenditure during the
last seven years has been principally in the following items.
Legislative and printing about $5000 00
Probate judges and wolf scalp bounties, about 3500 00
Making $8500 00
New occasion* of expenditure will propably arise in the ju-
diciary and other departments, so that a considerable surplus
revenue is not soon to be expected.
Respectfully submitted,
SAML. MERRILL,
(No. 2.)
Report in relation to the Loan Office from the \st 'December, 1 828.
to the 5th December, 1829.
Balance of seminary fund reported last year, $1 572 59
Received during the above period from J. Borland
commissioner Seminary township in Monroe, 1702 28
10
.<
u
II
4
II
(1
a
«(
(•
*
ft
II
n
II
ti
[74]
Prom J as. Smith, Comr. Semy. township, Gibson, 2915 63
From sale of mortgaged land for non payment of
interest, (D. Edwards) 271 SO
Loans refunded, 496 **
Interest on Loans, 1376 6v
Interest on purchase money of land sold for breach
of condition in mortgage, 17 1Q
Making in all, $8353 63
Loans on Mortgages as per list accompanying, $6785 00
Purchase money to be paid for mortgage land sold
on credit, interest payable annually in ad-
285 00
vance, ° yi
Salary and percentage of Superintendent,
Allowance to James Smith, 25 00
" Recorder of Monroe, 6U by
Paid orders of Trustees of Indiana College.
For salaries of President and Professors, 1 1 10 00
« Building a College Chapel, 60 ? 00
ft Printing, ^ 50
Making in all, $9012 07
It will be seen by the above, that the seminary funds are anfri
cipated to the amount of $648 44. More than this sum, how
ever, was in the hands of the comm ssioners, when the last loans
were made, a part of which has since been paid over, but too
late to be included in this report.
From the several returns made by Messrs. Smith and Bor-
land, the former to the 25th Oct. and the latter to the 28th
Nov. last, it appears that they have sold 301 half qr. sections
of land for $48,915 61, of which there has been paid, as princi-
pal $18,647 21. There has also been received for interest
on the unpaid purchase money $3,427 21, and there is s ill due
for interest, on said purchase money $1,602 33. There are
unsold, in said townships 1 85 half qr. sections, besides the three
sections adjoining the college reserved from sale.
The state of the College fund, as far as appears from the books of
thisqffiee,is as follows:
Rents paid over bv Emerson and Smith, $119 0§
Cash paid by Neelv, Smith and Wilson for lands
sold in the year 1822, J?;! J?
« Received by Borland, as principal, ^'JJ ''
« « a « for interest. ~ 3 <> 5 *v
I 75]
** '*? " Smith for principal, 6535 44
" " " " interest, 911 98
Interest paid by state and individuals on loans, 3080 30
Total receipts, $27465 68
There is n«*w due, as principal, for lands sold by
Borland, 20451 90
Due,as interest on the same, 1 140 90
" " principal for lands sold by Smith, 9816 50
* " interest for lands sold by Smith, 461 43
Making in all, $59336 41
Deductions from the foregoing.
Speciric allowances by the legislature, 320 19
Superintendent's salary and per cent., 145 48
Recorder of Monroe, 60 89
Orders of the college trustees, 2919 31
Amount liable to be retained by the commissioners,
for their servi es, { 1075 30
Balance in favor of the college, 5481 5 29
$59336 41
There are also still unsold 16.720 acres of land, which,at no
more than one dollar per acre, would make the availabe funds
of the college, upwards of 80,000. The superintendent of the
Loan office has continued to loan out the funds in his hands to
the persons who made applications in April 1828, in the order
in which the names of applications were then drawn by lot,
except where a sufficient title could not be exhibited or the ap-
plicant has not chosen to avail himself of the privilege. In
such cases, persons have been permitted to transfer their
claim. It is still intended to continue this course of loaning
out the monev until those, who, at that time , were at the expense
of having their lands valued, shall obtain loans, if they still wish
and shall be entitled to them. They or the persons holding
their claims, will be furnished with instructions whenever their
loans can be effected. This statement is submitted to prevent,
as far as possible needless solicitations. When the present
list of applicants shall be gone through with, notice will be
again given for receiving applications as before, unless a dif
ferent mode of proceeding shall be prescribed by the legisla-
ture.
Respectfully submitted,
SAML. MERRILL.
[76]
(No. 3.)
List of persons who borrowed of the Seminary funds from
the 1st December 1828, to the 1st December 1829.
Valuation.
Henry Myers,
Joseph Giancy,
B. I. Blythe,
F. M. Richmond,
Wm, Senders,
Saml. K. Barlow,
Henry Porter,
Security.
120 acres land
30
80
80
160
80
€0
$252 00
856 00
550 00
200 00
1200 00
400 00
and two lots
Sum loaned.
$100 00
100 09
275 00
66 00
500 00
133 00
Daniel Yandes.
Thomas I. Matlock,
John W. Reding, 160
Stevens, Elliot &, Lee, 403
Samuel Beeler,
David Brown,
Thomas Martin,
John Doty,
John Hiday,
John Allison,
Nicholas Sheffer,
John P. Chinn,
Thomas Baldwin
Patrick Baird,
Ambrose Shirley,
James M'Coy,
E. B. Wilson,
John I. Belles,
Zachariah Lemaster,
Samuel True, ,
Saml. & John Dabney,240
80
40
160
366
80
5>
in Indianapolis, not appraised. J
160 acres land, 600 00
80
a
50
«
80
a
80
a
80
«
160
a
67i
a
80
a
165
a
160
a
160
a
68
a
147
a
80
a
80
a
340
,t
James Hill,
William Brown,
James Clark,
Daniel Smith Lane,
Jacob Hill,
300 00
1720 00
900 00
400 00
350 00
360 00
400 00
212 00
660 00
not appraised.
« «
1250 00
1550 00
300 00
425 00
1127 00
not appraised,
The above is correct.
1830 00
225 00
500 00
250 00
108 00
450 00
450 00
125 00
125 00
100 00
100 00
72 00
233 00
53 00
54 00
600 00
500 00
100 00
133 00
400 00
53 00
50 00
320 00
130 00
85 00
28 00
83 00
500 00
100 00
S. MERRILL,
[771
(No. 4.)
Allowances from contingent fund by the Governor.
1828, Dec. 10. Samuel Ray for notifying Wm. Lowe
an elector, $1* ^G
a « « George Piercy " B. V. Beckes
an elector, 28 00
1829, Jan. 24. Thomas Scott, attendance at Court
Martial, 2 00
fr " " John T. M'Kinney for transporting
public arms, l6 00
« « " Willian Youse for do. do. 8 00
« « " Elisha Long for notifying Ross Smiley
an elector, 15 00
« " « I. G. Read for " R. Boon an elector, 32 00
Feb. 15. Samuel Henderson for postage, 22 40
" « " Drake and Conkling for paper, 1 1 25
Thomas Sharpe for copying Memorial?, 5 00
Charles Mitchel for attending Court
Martial, 3 00
Henry Brewer do. do. do. do. 1 00
Nicholas iVi'Carty for stationary, 53 79
I. N. Phipps, « " 4 69
John Cain for book binding, 17 84
Saml. Henderson for postage, 24 19
Jas. Morrison for copying Polke and
Hinds report, 3 50
David Osborn for attending Court
Martial, 3 00
George Shirts for do. do. do. do. 3 00
John Cain for binding and stationary, 12 06
Smith and Bolton for advertising fugitive, 3 50
« " for printing blanks for secy. 10 00
John H. Newland carriage and charges
it
tt ft
«
March"
ft
a ff
(C
a u,
tt
ft ft
it
ft tt
ft
June "
«
ft tt
n
ft tt
u
a a
fc
it tt
a
tt tt
on
map,
3 00
•i Sep." Noah Wright notifying Col. Durham an
elector, 16 00
" " " Christoper Shuck carriage of books,
« « " John Cam blank book for adj. gen. 12 20
" " " John Givan cordage for packing laws, 4 88
" Nov. 20 Nicholas M'Carty for stationary, 48 25
" " « John Cain blank book for treasurer, 14 00
" " " Caleb Scudder, table, * 5 00