Hancock circuit court," approved January 15, 1844;
No. 34. A joint resolution in relation to the improvement of the
Wabash river ;
No. 35. A bill to change the name of Cornelia Minerva Nevins
to Cornelia Minerva Warner;
No. 42. An act to extend certain privileges in an act herein
named;
im
No. 45. An act to change a county road to a State road in Sulli-
van county;
No. 47. An act to incorporate a Presbyterian church in Wells
county ;
No. 48. An act to ratify the proceedings of the common council
of Fort Wayne ;
No. .50. An act to incorporate the German Military Band of
Indianapolis;
No. 52. An act to change the time of holding Probate courts in
Dearborn county;
No. 53. An act to legalize the proceedings of the board of county
commissioners of Daviess county;
No. 57. An act fixing the time of holding the terms of the Probate
court in Marion county, and for other purposes;
No. 58. An act fixing the time of holding the Circuit courts in the
second judicial circuit;
No. 59. An act for the relief of the heirs of Peter Reibold,
deceased;
No. 62. An act to restrict the county commissioners in the coun-
ties of Lagrange and Noble, in levying a tax, to fifty cents on the
one hundred dollars' valuation ;
No. 63. An act to establish an additional place of holding elections
in Lafayette township, Floyd county;
No. 67. An act to amend an act, entitled an act authorizing the
sale of certain lands in Dubois county ;
No. 69. An act to extend the June term of the board doing county
business, in the county of Randolph ;
No. 70. An act to locate a State road in Allen county;
No. 7L An act in relation to sales of real estate by executors and
administrators ;
No. 75. An act to provide for erecting a bridge across Laughery
creek in Ripley county;
No. 79. An act to repeal an act entitled, "An act for the better
improvement of the important State roads in the counties of Allen,
De Kalb, Noble, Huntington, and Wells," approved January 15,
1844;
No. 84. An act to alter the times of holding the Circuit courts in
the county of Marion ;
No, 85. An act in relation to petit jurors in the county of Porter;
No. 9L An act to amend an act entitled, "An act to locate cer-
tain State roads herein named, and for other purposes," approved
January 15, 1844;
No. 92. An act to amend an act therein named.
In vv^hich engrossed bills I am directed to ask respectfully the con-
currence of the House of Representatives.
Bills No. 3, 13, 16, 19, 20, 33, 47, 48, 50, 42, 52, 53, 58, 62, 67,
69, 70, 71, 79, and 92, in the above message mentioned, were several-
ly read a first time, and ordered to a second reading.
* .. ■• ' 191 • .-
Bill No. 14, in said message, was read a first and second times, the
rules being suspended therefor, and referred to the committee on
canals and internal improvements.
Bill No. 27, in said message, was read a first and second times,
the rules being suspended therefor, and referred to the committee on
corporations.
Bill No. 30, in said message, was read a first and second times,
the rules being suspended therefor.
On motion by Mr. Herod, _ .
The bill was amended as follows: ■: -..-—* : 1; v-,' •
Strike out from the provisions of said bill the county of Barthol-
omew.
On motion by Mr. Tague,
The bill was so amended, as to insert the county of Hancock,
limiting the pay of jurors to seventy-five cents per day. -. • â– â–
On motion by Mr. Hazelrigg, - ;
The bill was referred to the judiciary committee. <. - .. .^ - â–
Mr. Colms moved the following instructions :
Amend, so as to allow one dollar and twenty-five cents in the
counties of Kosciusko and Whitley ;
• Which did not prevail.
Mr. Huey moved to instruct so to amend, as to allow jurors in
Jay and Adams one dollar and twenty-five cents.
Mr. Walker moved to amend instructions so as to strike out the
names of the counties;
Which did not prevail. - -t , ; ,
So the instructions were then lost.
Joint resolution No. 31, in said foregoing message, was read a
first time, and ordered to a second reading.
Joint resolution No. 34, in said message, was read a first time,
and ordered to a second reading.
Bill No. 35, in said message, was read a first and second times,
the rules being suspended therefor, and ordered to a third reading.
Bills No. 45, 57, 59, 85, 84, and 91, in said message, were severally
read a first, second, and third times, the rules being suspended there-
for, and passed.
Ordered, That the Clerk inform the Senate thereof.
Bill No. 63, in said message, was read a first and second times, the
rules being suspended therefor, and referred to a select committee,
consisting of Messrs. Wolf, Pettit, and Hodges.
Bill No. 75, in said message, was read a first and second times, the
rules being suspended therefor, and referred to the committee on
corporations.
The following message was received from the Senate by Mr. Otto,
their Secretary:
Mr. fePEAKEii: •■• . 1 ' ■■" . v - ■• i, ■. .; '
The Senate have passed an engrossed bill thereof, entitled as follows,
No. 39. An act to amend an act entitled " an act for the benefit of
persons who are Hkely to suffer by the destruction of the records of
Miami county by fire, and for other purposes ;
In which I am directed to ask respectfully the concurrence of the
House of Representatives.
Bill No. 39, in said message mentioned, was read a first time, and
ordered to a second reading.
The following message was received from the Senate, by Mr.
Otto, their Secretary.
Mr. Speaker :
The Senate have passed an engrossed bill of the House of Repre-
sentatives entitled
No. 78. An act for the relief of Daniel Wise ;
With one amendment ;
In which I am directed to ask respectfully the concurrence of this
House.
The Senate have passed, without amendment, engrossed bills of
the House of Representatives, entitled as follows :
No. 10. An act to amend an act entitled "an act to incorporate
the Porter county manufacturing company ;"
No. 17. An act to change the time of holding probate courts in
the county of Daviess ;
No. 22. An act to extend the time of the county board of Jef-
' ferson county :
No. 26. An act relating to Jackson township, in Washington
county :
The Senate have passed engrossed bills thereof, entitled as follows :
No. 38. An act for the relief of Francis Linch and Bayless Ben-
nett of Vanderburgh county ;
No. 40. An act to repeal an act entitled ' an act to change the
mode of selecting petit jurors in Jackson and Bartholomew counties,
and for other purposes;' approved December 29, 1841, so far as re-
lates to Jackson county ;
No. 74. An act providing compensation to supervisors of roads
and highways ;
No. 82. An act relative to the office of county treasurer ;
No. 83. An act to locate a State road in the county of Switzer-
land;
In which I am directed to ask respectfully the concurrence of this
House.
On motion by Mr. Bell, ' ' ' • "' ■- ■■• ■■•-
The House refused to concur in the amendment of the Senate to
bill of the House, (contained in the above message) entitled
No. 78. An act for the relief of Daniel Wise :
Ordered, That the Clerk inform the Senate thereof.
193
Bill No. 40, in the foregoing message, was read a first and second
times, the rules being suspended therelbr.
On motion by Mr. Herod,
The bill was amended as follows : . ' . ' •". ■?
In the eighth line of the first section, strike out all after the
words "so far as," and insert the following words, *' relates to the
counties of Jackson and Bartholomew."
In the third line of the second section, strike out the words
" county of Jackson," and insert the word " counties."
When the bill was ordered to be engrossed for a third reading.
Bill N'o. 74 in said message was read a first and second times, the
rules being suspended therefor : w^hen
Mr. Hodges moved to lay it on the table ; ': ' â– _ â– .
Which motion was lost. â– â– ',.â–
On motion by Mr. Simonson, ' " . • ■>
It was referred to the committee on roads.
Bill No. 82 in said message, was read a first time, and ordered to
a second reading.
Bill No. S3 in said message, was read a first and second, and third
times, the rules being suspended therefor, and passed.
Ordered, That the Clerk inform the Senate thereof. ' "''
On motion by Mr. Simonson,
Bid No. 82 of the Senate, was taken up, read a second time, and
referred to the committee on the judiciary.
Mr. Robinson of Carroll moved to suspend further orders of the
day, and take up orders of business ;
Which did not pi-evail.
r â– '.â– -â– ' v'^"' ...
ORDERS OF THE DAY.
No. 12. A bill for the incorporation of the Philadelphia Industrial
Association of St. Joseph county, Indiana ; . . ., ..
Was read a third time and passed. ' " â– 'â– ''â– â–
Ordered, That the Clerk inform the Senate thereof.
Bill No. 58, to repeal a part of section 56, of Chapter 12, of Re- .
vised Statutes of 1843 ; : â– â–
Was read a third time ; when
Mr. Simonson moved to recommit with instruction to amend, so /
as to provide for the payment of The penalty of five per cent, to the
common school fund.
Mr. Herod called the previous question, •
Which was seconded by the House. 'â– '",.
The question then being,
" Shall the main question be now put ?"
Was decided in the alTirmative. /■, : •' ,, ' ; ;'; '■■^- '.
On the main question,
" Shall the bill pass ?"
Messrs. Herod and Robinson of Carroll called the ayes and noes.
^ â– â– â– : ;• 25 H . _ . . -^ . . . ^ â–
. *
•:; ,. ' . -. Those who voted in the ciffirmalive are,
Messrs. Bell, Biakemore, Boardman, Brown, Bruce, Byers, Colms,
Conduit, Conner, Duzan, Endicott, Ford, Fuller, Garrett, Gregory,
Hambrick, Hardin, Hauser, Ilazelrigg, Herod, Hill, Hodges, Hog-
gatt, Hostetter, Huckaby, Huey, Jamison, Jones of Vigo, Legg,
Leslie, Lewis of Wayne, McAllister, McClure of Knox, McGauhey,
Montgomery, Nimmon, Palmer, Parker, Peek, Pomeroy, Rich,
Rose, Rosseau, Smith, Stapp, Tague, Tomlinson, Turman, Vande-
veer, Wills, Whight, Wolf, Wright of Wayne, and Mr. Speaker —
54.
Those who voted in the negative are,
Messrs. Barclay, Bradley, Claypool, Cowen, Uarrow, Davis,
Foresman, Grubbs, Hannah, Heustis, Hinchman, Howard, Jones
of Fountain, Kelley, Kerr, Lanius, Lewis of Dearborn, Little,
McClure of vScott, Miller, Mooney, Nutter, Odell, Osborn, Pettit,
Robinson of Carroll, Robinson of Decatur, Shanks, Shelby, Shive-
ly, Simonson, Snook, Stophlet, Tingley, Walker, and Wright of
Switzerland — 36. ,^ ■. -, ^ .-^
So the bill passed. .. ...
Ordered, That the Clerk inform the Senate thereof. • . >', ,;â–
Mr. Little made the following report: : ., •
Mr. Speaker: , .
The committee on enrolled bills report that they have compared
the following enrolled, with the original bill of the Senate, and find
it correctly enrolled: â– â– . .
No. 23. An act to re-charter Hanover College. " ,'\ ' -
On motion by Mr. Pomeroy,
„ The House adjourned until Monday next, at 9 o'clock, A. M.
MONDAY MORNING, December 23, 1844.
The House met pursuant to adjournment.
Mr. Shanks gave notice that on to-morrow he would offer the fol-
lowing resolution :
Resolved, That the House will, at 2 o'clock of each day, take up
4
■■•■-■/'.:■'.• I95i. -
x , , â– ^ -
the orders of the day, if not arrived at before in the order of busi-
ness.
The Speaker laid before the House the following report from E.
F. Lucas, General Superintendent of Wabash and Erie Canal:
Indianapolis, Decembe?' 20, 1844.
To the Honorable the
House of Representatives : ' ' ' " '
The undersigned, General Superintendent of the Wabash and Erie
Canal, has the honor to acknowledge the receipt of the following
resolution :
" Resolved, That the Superintendent of the Wabash and Erie Canal
be requested to furnish to this House, at as early a day as possible,
his report of the situation and affairs of the eastern division of said
canal; and also give his reasons why he has not connected such re-
port with that heretofore made by him upon the affairs of said canal
west of Tippecanoe."
To the first request I respectfully beg leave to reply, that owing to
the great quantity of business that was necessarily to be done in the
Land Office of that division, the clerks were unable to make up the
accounts and transmit them to this place prior to the 12th instant,
since which time I have been busily engaged in preparing the report,
and will be able (should nothing happen more than I know of at this
time,) to lay it before the House on Monday next.
To the latter clause of the resolution I have to answer, that before
I obtained the materials for the report on the "easterji division" I
had prepared the report for the western division, and at the special
instance and request of the friends of the extension, it was submitted
without intending any disrespect.
Respectfullv,
\. ' E. F. LUCAS.
Which, - â– â– '
On motion by Mr. Robinson of Carroll, '., . ... . ,
Was laid on the table.
The Speaker laid before the House two remonstrances from sundry
citizens of Clark county, in relation to the retailing of spirituous li-
quors in the town of Charlestown ;
Which were referred to a select committee consisting of Messrs.
Robinson of Carroll, Simonson, and .
Mr. Brecount presented a petition from William Sills, for relief;
Which w^as referred to the committee on canals and internal im-
provements.
Mr. Herod presented the petition of sundry citizens of Bartholo-
mew covmty, in relation to the Treasurer of that county; ...
" â– â– .' #
196
Which was referred to a select committee consisting of Messrs.
Herod, Blakemore, and Wright of Switzerland.
Mr. Snook presented the petition of Israel T. Canby, for relief;
Which was referred to a select committee consisting of Messrs.
Snook, McGauhey, and Odeli.
Also, a petition from sundry citizens of Montgomery county,
praying for the passage of a law confining voters to their respective
townships ;
Which was referred to the committee on elections.
Mr. Jones of Vigo, presented a petition from sundry citizens of
Vigo county, asking for an increase of the pay for grand and petit
jurors in said county;
Which was referred to a select committee consisting of Messrs.
Jones of Vigo, Pettit, and Helwig.
Mr. Barclay preL'ented a petition from sundry citizens of Laporte
county, relative 1o licenses for the sale of clocks;
Which was laid on the table.
Mr. Walker presented a remonstrance from sundry citizens of
Vanderburgh and Posey counties, against the change of a State road
therein named; ... ,., .,,;•.â–
Which was laid on the table. ' â– '. ' ' â– . ''â– â– ' -'
Mr. Stapp presented a petition from citizens of Jefferson county,
relative to the seizure and detention of slaves in this State;
Which was referred to the judiciary committee.
Mr. Blakemore presented a petition from sundry citizens in Rich-
ardville county, relative to a State road therein named;
Which was referred to a select committee consisting of Messrs.
Blakemore, Shively, and Robinson of Carroll.
Mr. Bruce presented a petition from sundry citizens of j\Iarion
county, for relief;
Which was reierred to a select committee consisting of Messrs.
Bruce, Conduit, and Hostetter.
Mr. Pettit presented a petition of last year from sundry citizens of
Miami county, relative to the burned records of said county;
Which was laid on the table.
Mr. Hazel rigg presented a petition from sundry citizens of Boone
and Hamilton counties, praying for the incorporation of a company
for the improvement of a portion of the Michigan road ;
Which was referred to the committee on corporations.
Also, a petition from citizens of Boone county, relative to the ju-
risdiction of Justices of the Peace;
.Which Was referred to the judiciary con"imittee.
Mr. Peek presented a petition from sundry citizens of Martiii
county, relative to the mode of doing county business in said county;
Which was referred to the judiciary committee.
Mr. McClure of Scott, presented the petition of Peter Everhard
and others, praying for relief;
Which was referred to the committee on education.
';•' ' 197 '• „ • ■'•.-
Mr. Robinson of Carroll, presented a petition from John Smith,
for relief;
Which was referred to the committee on claims.
Mr. Robinson of Decatur, made the ibllowing report: ■'■;•;
Mr. Speaker: r Z ■'■' ' • /'' ' : '%'■:.'"''\''\
The committee on elections, to whom was referred the petition of
sundry citizens of Warren township, Putnam county, praying for an
additional place of holding elections in said township, have had the
same under consideration, and directed me to report the following
bill and recommend its passage:
No. 182. A bill, in the above report mentioned, to establish an
additional place of holding elections in Warren township in Putnam
county ;
Was read a fu'st and second times, the rules being suspended there-
for, considered engrossed, read a third time, and passed.
Ordered, That the Clerk inform the Senate thereof. ' -'^ . '•
Mr. Robinson of Decatur, made the following report: . ' '
Mr. Speaker: • . ■^, ■.^ ■.-. • \ (■- - . •. .■■>■■';■■••
The committee on elections directed me to report that, in obedi-
ence to the order of this Plouse, the following persons have attended
from day to day, and have been sworn and examined as witnesses
before said committee, in the case of the contested seat of Hon. Al-
len T, Rose, member of this House, for the following number of
days, being the time they have severally been in attendance and the
time necessarily employed in travelling to and returning from the
Capitol, as follows:
William L. Shields, John Sala, jr., SIpple Harvey, John Johnson, D.
E. Williams, John Yocum, and D. R. Eckles, eleven days each; Wil-
liam Dyer, nine days; D. O. Elliott, thirteen days, and J. Williams,
six days.
I am directed further to report, that the following named persons,
in obedience to the orders of this House, have been in attendance
from day to day as witnesses of the Hon. A. T. Rose, and have been
discharged without being sworn or examined as such, claim for the
following number of days necessarily employed by them in travel-
ling to and from the capital as follows, to- wit: A. W. Lacock, ten
days, T. Harvey, G. Pinkney, J. Melton, J. S. Beaud, Jr., M. Sutton,
eleven days each, and T. E. F. Banes ten days: said committee hath
directed me to report the following resolution:
Resolved, That the foregoing persons each be allowed the sum of
two dollars per day for each day by them severally above claimed,
that the auditor be directed to audit the same, and the treasurer pay
' • 198 ., ■■■•- ■■y
the same out of any moRey in the treasury not otherwise appro-
priated. , ' â– -.,..
On motion by Mr. Stapp, .... - ^ ,
The report and resolution was referred to the committee on -claims
with instructions to report a bill in accordance with the recomenda-
tions therein.
Mr. Herod made the following report:
Me. Speaker:
The committee of ways and means, to whom was referred bill of
the House No. ISl, relative to selling clocks and other property by
religious and educational societies, have had the same under consid-
eration, and have directed me to report said bill back to the House
with an amendment thereto, and recommend its passage. •• . â–
The amendment was concurred in.
No. 181. A bill, in the above report mentioned, relative to the
selling clocks and other property by religious or educational societies;
Was considered engrossed, the rules suspended, and passed.
Ordered, That the Clerk inform the Senate thereof.
On leave granted,
Mr. Robinson of Decatur offered the following resolution :
Resolved, That William S. Roberts be allowed dollars for
seventeen days' services of himself and horse in summoning witness-
es to appear before the, committee on elections, in the case of the
contested seat of Hon. A. T. Rose, that the Auditor audit said claims,
and the Treasurer of State pay the same out of any money in the
treasury not otherwise appropriated.
On motion by Mr. Simonson, .• -• â–
It was referred to the committee on claims. '• " J â– ;".â–
Mr. Grubbs made the following report: - â– .; â– , "'.
Mr. Speaker: • . - . . ' >, ..-
The committee on enrolled bills report, that they have examined
the following enrolled with the original bill of the House, and find
the same correctly enrolled.
No. 34. An act to amend " An act amendatory to the charter of
Michigan City," approved February 15, 1841. - .•
Mr. Herod made the following report: ^
Mr. Speaker:
The committee of ways and means, to whom was referred a peti-
tion of sundry citizens of Owen county relative to exempting revo-
lutionary soldiers and soldiers of the late war from taxation, have
199
had that subject under consideration, and have directed me to report
that, in the opinion of said committee, it is inexpedient to legislate
upon that subject at the present time, and they ask to be discharged
from the consideration thereof.
The House concurred in the report. •■■'■■. ..,■■'"
Mr. Herod made the following report: -■- • ,■' - ' . ;;' .' •
Mr. Speaker : . - . ' ' . • •• â–
The committee of ways and means, to whom was referred the
memorial of George H. Uunn and accompanying papers, have had
the same under consideration, and a majoi'ity of said committee
have directed me to report the following joint resolution and recom-
mend its passage. Mr. Vandeveer and Mr. White dissent from the
above report.
No. 183. A joint resolution for the relief of George H. Dunn;
Was read a first time, and ordered to a second reading.
Mr. Tingley made the following report: , ,
Mr. Speaker: - ;
The committee on the judiciary, to whom was referred the petition
of Priscilla Lazenby and others, praying for relief, have had the same
under consideration, and instructed me to report the following bill,
and recommend its passage:
No. 184. A bill, in above report mentioned, for the relief of Pris-
cilla Lazenby and others ;
Was read a first time, and ordered to a second reading. , .â– .
Mr. Pomeroy made the following report: . ' \
Mr. Speaker :
The committee on the judiciary, to whom was referred a bill "To
amend the several acts now in force relative to the discharge of the
duties of School Commissioners," have had the same under consider-
ation, and respectfully report the same back to the House with an
amendment, striking out from the enacting clause and insert the ac-
companying substitute in lieu thereof, and recommend the passage of
the bill as amended : • . . ,
No. 16. A bill to amend the general act now in force relative to
the discharge of the duties of School Commissioners.
The amendment was concurred in, the rules suspended, the bill
considered engrossed, read a third time, and passed.
Ordered, That the Clerk inform the Senate thereof.
,. ■, ■-'\ 200 .... ... ••
Mr. Pomeroy made the following report: - . 'â– '<' "
Mu. Speaker: ' -â– , .'..' '.y'V . - ' â– .>'..^-'- ; ..
The judiciary committee, to whom was referred three several pe-
titions signed by John Good, Henry Smelcer and sundry citizens of
the county of Boone, have had the said several petitions under con-
sideration, and believe it inexpedient to legislate upon the same,
inasmuch as the said petitions have a full and adequate remedy at
law, under the laws now in force in the State of Indiana.
The House concurred in the report. â– ' ■„■â–
Mr. Colms made the following report: .• . .* '.••;.'â–
Mr. Speaker:
The judiciary committee, to whom was referred bill of the House
jVo. 52, entitled a " Bill authorizing a Convention tobe called, to alter,
amend, and change the Constitution," have had the matter under con-
sideration, and directed me to report the same back to the House,
and recommend its passage. ■. , .... •■...'
No. 52. A bill authorizing a convention to be called to alter,
amend, or change the Constitution.
Mr. Claypool moved to recommit to the committee on the judicia-
ry, with instructions, so to amend it as to submit the isolated question
of biennial sessions of the General Assembly, and not interfere with
any other constitutional provisions, and that the time of meeting of
the General Assembly to be on the 1st of January, and that all
elections shall be viva voce.
Mr. Huckaby moved to lay the bill and instructions on the table ;