by the committee.
I am decidedly of the opinion that all the Treasury notes and
scrip that had been counted by the committee with a view of being
destroyed, were punched with holes as above mentioned, although I
did not see it all done myself, for while some were counting, others
were engaged in cancelling ; but by the arrangement and manner of
performing this business, and the care of the committee, there was
little or no chance of oversight or mistake on their part.
S. P. MOONEY.
Dated Indianapolis, December 9, 1844.
Mr. Whight moved to lay on the table, and order five hundred co-
pies to be printed ;
Which did not prevail.
Mr. Herod moved to commit to the committee on the judiciary.
Mr. Simonson moved to strike out judiciary, and insert ways and
means ;
And the motion was so amended, and decided in the affirmative.
Ml'. Robinson of Decatur made the fol 'owing report:
Mr. Speaker:
The committee on elections, to whom was recommitted the cer-
tificates of election of the members of this House, have examined
13 H
*
-i^
the same, and find that the following persons were duly elected Rep-
resentatives on the first Monday of August last, from the following
counties, to-wit: ..
Adams and Jay — Robert Huey. , ■::■,.- i >■-;
Allen — Samuel Stophlet. .. ■• 'y '
Bi'own — Sylvanus Manville. • • . .1 *.,
Bartholomew — William Herod.
Boone — John Duzan, and Harvey G. Hazelrigg.
• ' Carroll and Richardsville — Andrew L. Robinson. ...,,•,:■• /.j-.m
.■■Cass — George W. Blakemore. '. '-,'
Clark — John S. Simonson and Thomas J. Howard. :;>
C%— Allen T. Rose. â–
Clinton — James Hill.
Crawford — Jonathan R. Brown.
Dearborn and Ohio — Oliver Heustis, John Lewis, and William
Lanius.
Decatur — Joseph Robinson. ■' •
Daviess — James P. McGauhey.
Delaware — John Tomlinson.
Dubois — Silas Davis.
Elkhart — Joseph Cowen.
Fayette — Newton Claypool, and Samuel Little.
Floyd — George J. Wolf.
*^". Fountain — John R. Jones.
.^ Franklin — Joel Palmer, and David G. Hannah.
Gibson — William Montgomery.
Grant — James S. Shiveley.
Greene — Lovel H. Rosseau. • '.:_■.' ■■■/. ■f. -
Hainilton and Tipton — William W. Conner. • . • "^r ■.
Hancock — George Tague. . ■'.-.■■, . ..1 ;;••,
' •■jilfc- Han-ison — Frederick Leslie. • ••., :i •',,:â– .â– :â– .•;;.::•:., '.■•â–
Hendricks — William T. Matlock. ■: :■'■•.:,, ,,»v,
Henry — Isaac Parker, and John W. Grubbs. .■, ■/ ,
Huntington, Blackford, and Wells — Jared Darrow.
' ' Jackson — Samuel P. Mooney. • : -;
Jefferson — Milton Stapp, and Thomas L. Sullivan. . . , *
Jennings — De Witt C. Rich. • . . . ' ;
Johnson — Franklin Hardin. ' ,., '
Knox — Daniel G. McClure. ,â– ^'â–
Laporte — Andrew L. Osborn, and John M. Barclay.
,■Lawrence — Lucien Q. Hoggatt.
Madison — Thomas Bell, and Thomas McAllister.
Marion — John L. Bruce, and John M. Jamison.
Marshall, Fulton, and Stark — William J. Pomeroy.
Martin — Cager Peek. . .,■,•• „:./
Miami and Wabash — John U. Pettit.
Monroe — David Byers.
Montgomery — Francis H. Fry, and Henry S. Snook. ;.,â– ;•,,<•.,„.â–
99 , • . •
^' .
Morgan — Alexander B. Conduit.
Noble and Lagrange — William H. Nimmon.
Orange — Joel Vandeveer. ' • .
Owen — Frederick Hauser. ■■• • "». ' ' .
Parke — Hugh J. Bradley, and James Kerr.
Perry — Joshua B. Huckaby.
Pike—AWm T. Whight.
Posey — James C. Endicott.
Porter and Lake — Samuel J. Anthony.
Putnam. — Alexander C. Stevenson, Ambrose D. Hambrick, and
David Wills.
Randolph — Royston Ford.
Ripley — David Boardman.
Rush — George B. Tingley, and James Hinchman.
/S'co«— David McClure.
Shelby — Augustus C. Handy. ..:;.'
Spencer — Thomas M. Smith. " • 'â– 'â– -' â–
Steuben and De Kalb — Jacob Helwig. ! ■. ^ :■-■'. • ; .-f ■'
St. Joseph — William Miller. ■' ' • .. ':.
Sullivan — Thomas Turman. '' , ,'•.■''-',
Switzerland — Thomas T. Wright. r "â–
Tippecanoe — John W. Odell, Philip Foresman, and Isaac Shelby.
Union — Charles Nutter.
Yermillion — Henry Hostetter. '-.•;. ri
Vanderbitrg — James T. Walker. - •
I Vigo — John Hodges, Caleb Garrett, and David M. Jones.
'Warren — Leroy Gregory.
Warrick — Isham Fuller.
White, Jasper, Pulaski, and Benton — Gideon Brecount. '
Washington— \N\\\\^.m. Shanks, and John Kelley. • '
Wayne — Joseph Lewis, Eli Wright, and Walter Legg. â– â–
Kosciusko and Whitley — Stephen H. Colms. '
Which was concurred in. '
Mr. Herod made the following report : ; • , ' '
Mr. Speaker: • •
The committee of ways and means have directed me to report the
following resolution:
Resolved, That the committee on ways and means be authorized
to employ a clerk to aid them in the discharge of the duties of said
committee, provided said clerk hire shall not exceed the sum of two
dollars per day.
Mr. Handy moved to lay the resolution on the table; ' .
Which did not prevail. . .' ^-Z 'â–
The resolution was then adopted. . •-, .
100
Mr. Simonson moved to reconsider the vote. â– '*'
Messrs. Simonson and Handy called the ayes and noes.
Those who voted in the affirmative are,
Messrs. Anthony, Barclay, Blakemore, Bradley, Bruce, Byers,
Covi^en, Darrow, Duzan, Ford, Hambrick, Hannah, Handy, Hardin,
Hauser, Hazelrigg, Helwig, Heustis, Hill, Hoggatt, Hostetter,Hov\^ard,
Huey, Jones of Fountain, Jones of Vigo, Kerr, Lanius, Leslie, Little,
McAllister, McClure of Scott, Montgomery, Nimmon, Palmer, Peek,
Pomeroy, Rich, Rose, Simonson, Sullivan, Tague, Tingley, and
Wright of Wayne — 44.
Those 10 ho voted in the negative are,
Messrs. Bell, Boardman, Brecount, Bro^n, Claypool, Colms, Con-
duit, Conner, Davis, Foresman, Fry, Fuller, Garrett, Gregory,
Grubbs, Herod, Hinchman, Hodges, Huckaby, Jamison, Kelley,
Legg, Lewis of Dearborn, Lewis of Wayne, McClure of Knox, Mc-
Gauhey, Manville, Miller, Mooney, Nutter, Odell, Parker, Pettit,
Robinson of Carroll, Robinson of Decatur, Rosseau, Shanks, Shelby,
Smith, Snook, Stapp, Stophlet, Tomlinson, Turman, Vandeveer,
Walker, Wills, Wolf, Wright of Switzerland, and Mr. Speaker — 50.
So the Plouse refused to reconsider.
Mr. Tingley made the following report:
Mr. Speaker :
The committee on the judiciary, to whom was referred the reso-
lution of this House, enquiring into the propriety of abolishing docket
fees in criminal cases, have had the same under advisement, and in-
structed me to report Legislation on that subject inexpedient, and
ask to be discharged from the further consideration of said proposi-
tion.
Which was concurred in by the House; ' ' ' '' '"'
And the committee was discharged. . •■,,».
Mr. Tingley made the following report: ' ' "' ' *
Mr. Speaker: - -''' ■•'^■■'■' ■■•' ■■■■' • ■■■■■' . '■■- ••'
The judiciary committee, to whom was referred the resolution of
this House enquiring into the expediency of so amending the Revised
Statutes of this State as to require county surveyors to record their
surveys annually in the office of the county Recorder, have had the
, same under consideration, and instructed me to report, that it is in-
expedient to legislate on that subject, and request to be discharged
from the further consideration thereof.
101 ' • ^
Which was concurred in by the House; . ' â– ,^
And the committee was discharged. ^ >* ,,;^
Mr. Tingley made the following report: . * , T^
Mr. Speaker: . . . â– 4^ '^
The committee on the judiciary, to whom was referred a resolu-
tion of the House inquiring what amendments, if any, to the laws
of this State, relative to the assessment and collection of taxes, are
necessary to insure a more full and prompt payment of State taxes,
and to quiet the titles of purchasers of lands sold for delinquent
taxes, have had the subject matter under consideration, and instruct-
ed me to report legislation on that subject inexpedient, and ask to be
discharged from the further consideration thereof.
Which was concurred in by the House. ' ' â– â–
Mr. Osborn made the following report: '*;.,;, ■•• .; ;•
Mr. Speaker: r^^ ■•..■"■. ■..-•■.v 'I'.l .-^•' .■■;;.•- j':;. '.;:..,.. . . ...
The committee on the judiciary, to which was referred the reso-
lution instructing said committee to report a bill repealing the law
imposing a five per cent, penalty for failure to pay taxes within the
time fixed by law, have had that subject under consideration, and in
obedience to said resolution, report the following bill, with the re-
commendation that the same be indefinitely postponed:
Said committee would respectfully suggest a modification of said
law, extending the time when such penalty shall attach, to the
10th of January.
No. 58. A bill in the above report mentioned, to repeal a part of
section 56, chapter 12, of Revised Statutes of 1843;^
Was read a first and second times, the rules being suspended
therefor, and i-eferred to the committee of ways and means.
Mr. Tingley made the following report:
Mr. Speaker: .^ ,''.'? \..) 'â– â– â– .:!" â– ,â– :' â– ..;'"^.:\..> 'â– -â– ' -^^ ">-'. -^dui .; ••!â–
The committee on the judiciary, to whom was referred the reso-
lution of this House in reference to certain Treasury Notes, have
considered the same, and instructed me to report the following bill
and recommend its passage.
'. ■;■- ..■''- > i)r: (u M'.', '^ ^'i" ■■•7"
No. 59. A bill authorizing the State Treasurer to receive certain
Treasury Notes, and for other purposes ;
Was read a first time, and ordered to a second reading. * â– '' ;
On motion by Mr. Handy, ;:/;:< ■■■'•' :/
The House adjourned.
. '- .102 ; .^i
' , .2 o'cfoc/?:, p. M.
The House met. <' - ; -' '
Mr. Sullivan made the following report :
Mr. Speaker : ,
The committee to whom was referred the resolutions of the
House, instructing them to inquire into the expediency of so amend-
ing the law of evidence, as to prohibit any enquiry into the religious
belief of witnesses in the courts of this State, have directed me to
report as follows :
No. 60. A bill in the above report mentioned, in relation to the
competency or credibility of witnesses in justices' courts; ,..^ . ,=:,
Was read a first time, and ordered to a second reading. . ^
Mr. Sullivan made the following report: . .;..-. .■■;••:■■' %it.
Mr. Speaker: ; . ,. ; ,:■■'.■:■, „■: ■'. '; ' •- .' > * ij i.
The judiciary committee, to whom was referred the resolution of
the House, instructing them to enquire into the expediency of so
amending the law exempting property from execution, as to confine
its provisions to persons having a family, have had the same under
consideration, and directed me to report the following bill.
No. 61. A bill in the above report mentioned, exempting property
from execution;
Was read a first time, and ordered to a second reading. . '•■.o.',"
Mr. Pomeroy made the following report: ,,. ..•, ,> ; i :*V;/;;
Mr. Speaker: ,■■■.■•.■;.-, io ..■••:: .-".; ■>:•■^ '■'-'.'•'. ■"■'■■.•• ^■'■■- ■■'■''
The committee on the judiciary, to whom was referred the resolu-
tion instructing said committee to report to this House a bill recon-
ciling the discrepancy now existing in the Revised Statutes as to the
term of office of County Treasurers, have had the same under con-
sideration, and respectfully report the following bill and cheerfully
recommend its passage : ..,.,.. , ,
No. 62. A bill, in the above report mentioned, defining the terms
of office of the several County Treasurers of Indiana;
Was read a first time and ordered to a second reading.
The following message from the Senate was received by Mr. Otto,
their Secretary : .,-.-^1 •: - .• j >.' :■' -^' ■* ' -
103
Mr. Speaker:
The Senate has passed an engrossed bill of the House of Repre-
sentatives, without amendment, entitled
No. 1. An act to vacate a certain alley in the town of West Lo-
gan, and for other purposes.
The Senate have passed engrossed bills thereof, entitled as follows :
No. 23. An act providing for the re-charter of Hanover College;
No. 24. An act for the relief of Wilson McConnell of Elkhart
county ;
No. 28. An act to amend an act entitled " an act to locate a State
road in Sullivan and Greene counties, approved January 15, 1844;"
No. 29. An act to amend an act authorizing the election of super-
visors of roads in Decatur county ;
No. 44. An act providing for a special session of the Shelby Cir-
cuit Court ;
Also, engrossed joint resolutions thereof: '' ,, • '
No. 25. A joint resolution relative to postage;
No. 37. A joint resolution on the subject of Robert Downey's im-
proved method of manufacturing leather;
In which engrossed bills and joint resolutions, I am directed to ask
respectfully, the concurrence of the House of Representatives.
The House took up the message from the Senate.
No. 23. An act providing for the re-charter of Hanover College ;
Was read a first and second times, the rules being suspended there-
for, and referred to the committee on corporations.
No. 24. An act for the relief of Wilson McConnell of Elkhart
county ;
Was read a first, second and third times, the rules being suspended,
and passed.
No. 28. An act to amend an act entitled " an act to locate a State
road in Sullivan and Greene counties, approved January 15, 1844;"
Was read a first, second and third times, the rules being suspended,
and passed.
Ordered, That the Clerk inform the Senate thereof.
No. 29. An act to amend an act authorizing the election of super-
visors of roads in Decatur county ;
^ Was read a first and second times, the rules being suspended there-
for, and.
On motion of Mr. Robinson of Decatur, "â– ..â– : ,â– .â– '-â– .':'â–
Was laid on the table.
No. 44. An act providing for a special session of the Shelby Cir-
cuit Court;
Was read a first and second times, the rules being suspended, and.
On motion by Mr. Handy,
Referred to a select committee consisting of Messrs. Handy, Rob-
inson of Carroll, and Byers. ,:5 i i ^ • ' i.
n(k
••■If
No. 25. A joint resolution relative to postage; - ''••
Read a first time and passed to a second reading.
â– â– * No. 37. A joint resolution on the subject of Robert Downey's im-
proved method of manufacturing leather;
Read a first and second times, the rules being suspended, and,
On motion by Mr. Wolf,
Was referred to a select committee consisting of Messrs. Wolf,
Clay pool, and Hodges.
Mr. Barclay made the following report: •• ■•- -i-. ■■'•
Mr. Speaker: *. ' ..
The committee on education, to whom was referred the petition of
Harrison Barnett and Benjamin Powell, in relation to a part of the
school section in township twenty-eight, range two, in Cass county,
have directed me to report the following bill, to which they ask the
favorable consideration of this House:
No. 63. A bill for the relief of Harrison Barnett and Benjamin
Powell; ' .,
Read a first time and passed to a second reading, - . -'i • J •■■■i
Mr. Garrett made the following report: . ;; .; l-iU;' ;;.^-i' .
Mr. Speaker: ^ ■•■"^> ''<■-'■■■■r^'- • ■■-V'. ■■\'^- ;■'-";- "'^-^'-.'li ;J'I
" ■..■,.. ..-• ^ ..... .. 1,
The committee on education, to whom was referred the petition of
sundry citizens of congressional township number four, range ten, in
Jefl^erson county, praying the passage of an act authorizing the sale
of the sixteenth section of said township, have directed me to report
the following bill and recommend its passage :
No. 64. A bill to authorize the sale of school section in township
four, range ten, in Jefferson county;
Read a first time and passed to a second reading.
Mr. Simonson, from the committee on the State Prison, reported
the following resolution :
Resolved, That his Excellency, the Governor, be requested to lay
. before the House of Representatives a copy of the report of the exam-
iners of the new State Prison, exhibiting the condition of the work
in detail ; and also the report of the visiters of the old State Prison ;
Which was adopted.
Mr. Bell made the following report:
Mr. Speaker:
'•'■The committee on roads, to whom was referred the petitions and
remonstrances of sundry citizens of the counties of Vanderburgh and
Posey, have had the same under consideration, and have instructed
K â–
me to report that it is inexpedient to legislate on that subject, and ask
to be discharged from a further consideration of the same; /•
Which was concurred in.
Mr. Claypool, from the committee on corporations, made the fol-
lowing report, to-wit;
Mr. Speaker: /r' /;.^ K-^ • ;\ â– â– ; . .^ â–
The committee to whom was referred the petiiioiT of Thomas Hall
and others of Vigo county, relative to a bridge across the Wabash
river at Terre-Haute, as also the accompanying bill, to-wit: "A bill
to incorporate the Terre-Haute draw bridge company," have had the
subject under consideration, and directed me to report the following
bill and ask its passage :
No. 65. A bill to incorporate the Terre-Haute draw bridge com-
pany: ^ . _
Read a first time and passed to a second reading. ; • -
Mr. Robinson of Carroll, made the following report:
Mr. Speaker: ■■.,-'■.;,••;':■•: <■■.■■•: .■;= .^. .'-^-'^^-f .■■■":v^- ^•■^:'- -k^-A^i...,
The select committee to whom was referred the petition of Abigail
C. Hovey and Lorenzo D. Hovey, praying for relief, and the remon-
strance of Austin W. Morris, on the same subject, have had those
communications, with the subject therein contained, under consider-
ation and beg leave to report :
That the main and only question of importance presented for the
consideration of the committee, is one of immense interest to every
parent in Indiana. It appears that the remonstrant, Austin W. Mor-
ris, is the guardian of Caroline M. Morris, an infant of the age of
nine years, who is the daughter of the petitioner, Abigail C. Hovey.
The guardian, by the provisions of our Revised Code, 1843, is enti-
tled to the possession of the person and estate of his ward, and avail-
ing himself of this law, the guardian, some time in October last, sued
out a writ of habeas corpus and forcibly wrested the infant, Caroline
M. Morris, from her mother, one of the petitioners, and has the pos-
session of the said child against the wishes both of the child and
mother. The object of the petitioners is to modify the law, so that
the mother may have the care of her child. It cannot be denied but
what the petitioners are as well qualified by nature, habit and educa-
tion to have the care and education of this child as the present guar-
dian. And the only question presented for the consideration and de-
cision of the House is, whether the child shall remain with her pre-
sent guardian or be given back to the arms of her mother. Such a
separation of daughter and mother is abhorrent alike to the princi-
ples of nature and humanitv,and your committee cannot but express
14 H
•Iv
' 106
the earnest hope that the Legislature may take speedy measures to
grant that relief prayed for by the petitioners. Your committee can-
not forego this opportunity of pressing upon the serious attention of
this House the absolute necessity of some modification of the harsh
and inhuman provisions of our laws on the subject of guardian and
waid, by which children may be separated from their parents and
carried away by selfish guardians to be educated, or, perchance, ne-
glected, as self interest may dictate.
The case under consideration is one of peculiar hardship, and to
relieve the petitioners, a majority of your committee herewith report
the following bill, and respectfully recommend its passage :
No. 66. A bill for the relief of Abigail C. Hovey and Lorenzo D.
Hovey, of Carroll county;
Read a first time, when
Mr. Robinson of Cari'oll moved to suspend the rules and read it a
second time now.
And the ayes and noes being demanded by Messrs. Robinson of
Carroll, and Fuller; , .„. *
■;:■'■■' ■•,• • . ' ■■.■..-' \'-" - - ■■: ■■■■■•■, ■. i-i:'}.ft.
Those ivho voted in the affirmative are, '' ' ''^*
Messrs. Anthony, Barclay, Boardman, Brecount, Brown, Darrow,
Davis, Duzan, Ford, Fry, Fuller, Garrett, Hardin, Hauser, Helwig,
Heustis, Hill, Hodges, Hoggatt, Hostetter, Howard, Huckaby, Huey,
Jones of Fountain, Kelley, Lanius, Leslie, Lewis of Dearborn, Mc-
Allister, McClure of Scott, Manville, Montgomery, Mooney, Nim-
mon, Osborn, Pettit, Robinson of Carroll, Rose, Rosseau, Shanks,
Shively, Simonson, Smith, Snook, Stapp, Sullivan, Tague, Turman,
Vandeveer, Walker, Whight, Wolf, and Wright of Switzerland — 52.
Those loho voted in the negative are,
Messrs. Bell, Blakemore, Bradley, Bruce, Byers, Claypool, Colms,
Conduit, Conner, Cowen, Foresman, Grubbs, Hambrick, Hannah, Ha-
zelrigg, Herod, Hinchman, Jamison, Jones of Vigo, Kerr, Legg,
Lewis of Wayne, Little, McClure of Knox, McGauhey, Miller, Nut-
ter, Odell, Palmer, Parker, Pomeroy, Rich, Robinson of Decatur,
Shelby, Stophlet, Tingley, Tomlinson, Wills, Wright of Wayne, and
Mr. Speaker — 40. -. ;. .^ .. •■• .. -^ • ■.•: fv-.>.;<;fi^
So the rules were not suspended ; ■' •
■'• And the bill was ordered to a second reading.
Mr. Miller, from the minority of the committee to which was re-
ferred the petition of Abigail C. Hovey and Lorenzo D. Hovey, and
also the remonstrance of Austin W. Morris, made the following re-
port:
Mr. Speaker: '.' -''-■.:•-:■' ^- ■'i\ tbi/ '':-\ iVii; '-.'
The undersigned, being a member of the committee to whom was
^ ^ "'
referred the petition of L. D. Hovey and remonstrance of A. W.
Morris, begs leave to submit the following counter report:
Assuming that the Legislature can rightfully create an authority
over the subject, the first duty of the committee would be, in the
opinion of the undersigned, to ascertain the facts involved in the con-
troversy. An issue is joined between the two parties. A ques-
tion of right is to be determined. It would be an extraordinary
anomaly in our judicial history, if a judge or jury were to pro-
nounce a judgment, or find a verdict in a disputed matter, in the
absence of all knowledge I'especting the facts in controversy. The
undersigned expected that an investigation would be had by the com-
mittee and its results reported to this House for its deliberation and
action. He called upon the chairman of the committee to learn
when the committee would meet. To his surprise he was informed
by the chairman of the committee that he had prepared a report and
was ready to submit it to the House. The committee has had no
meeting, or at least the undersigned has not been notified to attend
its sittings. The undersigned has no data upon which he can form
an opinion as to the action which this House should adopt. He does
not believe that Mr. Morris, whose rights are to be eftected by the
action of this House, has been notified or permitted to appear before
the committee. The undersigned solemnly protests against the action
of the committee. It is, in his opinion, unprecedented and flagrant-
ly unjust. To decide without notice, to condemn without hearing,
is repugnant to the principles of reason, law and justice, and involves
the exercise of power not vested in our tribunals and unknown to
the constitution of the country.
The undersigned begs to submit his views to the House upon an-
other question which is necessarily involved in the determination of
the matter referred to the committee.
The second article of the constitution of Indiana divides the pow-
ers of government into three distinct departments ; confides each of
them to a separate body of majestry, to-wit: Those which are legis- -^
lative to one, those which are executive to another, and those which
are judiciary to another. In the article will be found the following
explicit and peremptory language : " No person or collection of per-
sons being of one of these departments, shall exercise any power
properly attached to either of the others, except in the instances herein
expressly permitted."
It will not be disputed that the guardianship of minors is given to