of this day.
On which motion Messrs. Palmer and Handy called the ayes and
noes. -
320 -
• • Those who voted in the affirmative are,
Messrs. Anthony, Bell, Bradley, Byers, Claypool, Colms, Conduit,
Davis, Fry, Fuller, Handy, Hannah, Hazel rigg, Herod, Heustis, Kel-
ly, Kerr, Lanius, Legg, McAllister, McClure of Knox, McGauhey,
Miller, Nutter, Osborn, Pomeroy, Rich, Robinson of Decatur,
Shanks, Shelby, Stapp, Tingley, Wills, Wilson, Wright of Wayne,
and Mr. Speaker — 34.
• ,, Those who voted in the negative are, ' •■'.-i, - . ' • â–
Messrs. Barclay, Blakemore, Boardman, Brecount, Brown, Con-
ner, Cowen, Darrow, Endicott, Ford, Giarrett, Gregory, Grubbs,
Hambrick, Hardin, Hauser, Helwig, Hill, Hinchman, Hodges, Hog-
gatt, Hostetter, Howard, Huckaby, Jamison, Jones of Fountain,
Leslie, Lewds of Dearborn, Lewds of Wayne, Little, oMcClure of
Scott, Manville, Montgomery, Mooney, Kimmon, Odell, Palmer,
Parker, Peek, Robinson of Carroll, Rose, Shively, Smith, Snook,
Stophlet, Sullivan, Tague, Yandevper, Walker, VVolf, and Wright
of Switzerland — 60.
So the motion was lost. ••..•■_■■•■•,;â–
On motion by Mr. Gregory,
The House adjourned until to-morrow morning at 9 o'clock.
THURSDAY MORNING, January 2, 1844.
The House met pursuant to adjournment. '• . .• "
PETITIONS, &C. PRESENTED. ' \ ^ .
By Mr. Rase,
The petition of Elias Bowling, administrator of the estate of John
Graves, late of Clay county, deceased, praying for the passage of an
act to authorize him to sell certain real estate ;
Which was referred to a select committee consisting of Messrs.
Rose, Whight and Byers.
By Mr. Herod,
A remonstrance from sundry citizens of Bartholomew county,
against annexing any portion of said county to a proposed new
county ;
Which was laid on the table ;
Also, a petition from sundry citizens of Bartholomew county.
321 â–
praying for the passage of a law restricting voters to their own
townships ;
Which was laid on the table.
By Mr. Hardin,
A petition from sundry citizens of Johnson county, praying that
the office of county auditor in said county be abolished ;
Which w'as referred to a select committee consisting of Messrs.
Hardin, Robinson of Carroll, and Turman.
By Mr. Turman,
A petition from sundry citizens of Sullivan county, praying that
the office of county auditor in said county be abolished ;
Which was referred to a select committee consisting of Messrs.
Hardin, Robinson of Carroll, and Turman.
By Mr. Vandeveer,
A petition from sundry citizens of Orange county, relative to a
State road therein named ; .
Which was laid on the table. :
On leave granted,
Mr. Vandeveer introduced.
No. 281. A bill to re-locate so much of the Washington and Or-
leans State road as lies in Orange county ;
Was read three several times, the rules being suspended therefor,
and passed.
Ordered, That the Clerk inform the Senate thereof.
Mr. Conduit presented a petition from sundry citizens of Morgan
county, relative to a road therein named ;
Which was referred to the committee on roads.
Mr. Tomlinson presented a petition fi'om the county auditor of
Delaware county, and other citizens of said county, praying for the
passage of a law allowing additional compensation for his services
as such auditor;
Which was referred to the committee on ways and means.
Mr. Hambrick presented a petition from sundry justices of the
peace in Putnam county, praying for a change in the mode of doing
county business in Putnam county ;
Which was referred to a select committee consisting of Messrs.
Hambrick, Wills and Shanks.
Mr. Snook presented a petition from sundry citizens of Montgom-
ery county, praying for the relief of the securities of the school com-
missioners of said county ;
Which was referred to the committee on claims. - .. . -
On motion,
Messrs! Snook and Fry were added to said committee. . '•
Mr. Hill presented a petition from sundry citizens in Clinton coun-
ty, praying for the incorporation of a company for the improvement
of the Michigan road ; ... , -
Which was referred to the committee on corporations.
Mr. Jones of Fountain presented the petition of Robert Wilson
41 H
322
and others, citizens of Fountain county, praying for a charter for a
raih'oad from Attica, on the Wabash and Erie canal, to Crawfords-
ville, in Montgomery county ;
Which was referred to the committee on corporations.
Mr. Lewis of Dearborn presented a remonstrance from Nathan
Harsley and others, against any further division of Dearborn
county ;
Which was laid on the table. ' ,.' . ; . ' . â– '
Mr. Heustis presented a remonstrance from sundry citizens of
Dearborn county, against the addition of any of the territory ff
said county to the county of Ohio ; . . â– â– ^ ,, . ,;
Which was laid on the table. - ' â– '. "
On leave granted, . \ ,- ., -''. ,.'
Mr. Fuller made the following report : •; '•. • .
Mr. Speaker :
The select committee, to whom was referred a bill of the House,
regulating the militia of the State of Indiana, have had that subject
under consideration, and have directed me to report said bill back
with the following amendments, and respectfully recommend its pas-
sage :
No. 2S4. A bill to re-organize the militia of the State of Indiana ;
Was ordered to be engrossed for a third reading.
Mr. Whight presented a petition from sundry citizens of Pike
county ; praying for the relief of certain sureties therein named;
Which was referred to the committee on education. . , - •'
On leave granted, ' ' '
Mr. Robinson of Carroll introduced.
No. 289. A bill to provide for the current expenses of the State
for the year 1845;
Which was read a first and second times, the rules being suspend-
ed therefor, and referred to the committee on ways and means.
On leave granted,
Mr. Conner introduced, '''
No. 290. A bill to legalize the acts of John Hardin, a justice of
the peace of Hamilton county ;
Which was read a first, second and third times, the rules being
suspended therefor, and passed.
Ordered, That the clerk inform the Senate thereof. i
Leave being granted, ' ' '
Mr. McAllister introduced,
No. 29L A bill for summoning grand and petit jurors for the
county of Madison, and fixing their fees ;
Which was read a first and second times, the rules being suspend-
ed, and,
On motion by Mr. Tague, '
323
Was amended, by inserting Hancock county. . 'â– ,.
The rules being turther suspended, -■■. ' •
The bill was read a third time and passed.
Ordered, That the Clerk inform the Senate thereof. ;-
On leave granted,
Mr.' Bradley made the following report:
Mr. Speaker: , >
The select committee to whom was referred bill of the Senate No.
3. A bill supplemental to an act for the relief of Nathan Burchfield,
have had that subject under consideration, and have directed me to
report the following amendment:
Strike out all after the title of the bill and insert the bill herewith
presented; and with this amendment the committee recommend the
passage of the bill :
The following is the bill reported by the committee :
Sec. 1. Be it enacted by the General Assembly of the State of In-
diana, That be and he is hereby authorized and directed to
issue his wari'ant on the Treasurer of State in favor of John G. Da-
vis, Clerk of the Parke Circuit Court, for the sum of one hundred
and fifty-eight dollars and six cents, to be paid out of the suspended
debt, being the full amount of the costs of suit in the cause deter-
mined in said Court at the February term thereof, 1S42, between
said Nathan Burchfield plaintiff, and the State of Indiana defendant.
Sec. 2. Upon the payment of said sum of money by the Trea-
surer, the said Clerk shall enter satisfaction thereof upon the proper
book of his office and pay the same over to the proper persons enti-
tled thereto, for their fees in said cause.
Sec. 3. This act to take efl'ect and be in force from and after its
passage.
The House concurred in the amendment as reported by the com-
mittee, and it was ordered to be engrossed.
On leave granted,
Mr. Huey made the following report: .. . •' ■, •
Mr. Speaker: ' "
The select committee to which was referred the petition of Ben-
jamin Brown and others, for the relief of George French of Adams
county, have considered that matter, and find that said French now
stands indicted in the Adams Circuit Court for erecting a mill dam
across the Wabash river in said county ; that the bed of the river at
the place where said mill dam is erected has never been surveyed and
sold, and that said French has been guilty of a technical violation
of the 75th section of the 53d chapter of the Revised Statutes of
1843, but that said river is not in fact navigable up to said mill dam,
- . 324 '
and that said dam does not in fact obstruct the navigation of said
river. Said committee are cleai'ly of the opinion that he is entitled
to the rehef prayed for, and have directed me to report the following
bill for that purpose and recommend its speedy passage; and they ask
to be discharged from the further consideration of the same:
No. 305. A bill for the relief of George French of Adams county;
Which was read a first, second, and third times, the rules being sus-
pended therefor, and passed.
Ordered, That the Clerk inform the Senate thereof. :â– â– . â– â– .
On leave granted, .,^ ~,.,
Mr. Hambrick made the following report: 'â– â– . .'
Mr. Speaker: '
The select committee to which was referred the petition of sundry
citizens of Putnam and Clay counties, have had that matter under
consideration, and directed me to report the following bill and re-
commend its passage :
No. 292. A bill establishing a State road in the counties of Putnam
and Clay ;
Was read a first time and ordered to a second reading. ,. ' ', ?â–
On leave granted, -....â–
Mr. Fuller introduced, • â– - â–
No. 293. A bill for the relief of Warrick county ;
Which was read a first and second times, the rules being suspended
therefor, and ordered to be engrossed. . , â– . . , .
On leave granted, :•'•■â–
Mr. Robinson of Carroll, introduced, - ;
No. 294. A bill relative to road taxes in Carroll county;
Which was read a first time; when • . >
Mr. Claypool moved to reject the bill ; â–
And the ayes and noes having been demanded by two members,
Those loho voted in the ajffirviative are, . '
Messrs. Barclay, Blakemore, Bradley, Brecount, Claypool, Davis,
Gregory, Grubbs, Hambrick, Herod, Huckaby, Kerr, Legg, Leslie,
Lewis of Wayne, Little, McClure of Knox, McClure of Scott, Mc-
Gauhey, Nutter, Shelby, Tomlinson, Whight, Wilson, Wright of
Wayne, and Mr. Speaker — 26.
Those who voted in the negative are,
Messrs. Bell, Boardman, Byers, Colms, Conduit, Darrow, Duzan,
Endicott, Ford, Fry, Fuller, Garrett, Handy, Hannah, Hardin,
Hauser, Hazelrigg, Helwig, Heustis, Hill, Hinchman, Hodges, Hog-
325
gatt, Hostetter, Howard, Huey, Jamison, Jones of Fountain, Jones
of A'^igo, Kelley, Lanius, Lewis of Dearborn, McAllister, Manville,
Matlock, Miller, Montgomery, Nimmon, Odell, Palmer, Parker,
Peek, Pettit, Pomeroy, Rich, Robinson of Carroll, Robinson of De-
catur, Rose, Rosseau, Shanks, Shively, Simonson, Smith, Snook,
Stapp, Stophlet, Sullivan, Tague, Tingley, Turman, Vandeveer^
Walker, and Wright of Switzerland — 53. .
So the bill was not rejected.
The bill was then ordered to a second reading.
The following message was received from his Excellency, the Gov-
ernor, by T. B. Kinder, his Private Secretary:
Mr. Speaker: ' ,■■• ■' ■.
I am authorized by his Excellency, the Governor, to inform the
House of Representatives that he has this day approved and signed
the following act:
No. 280. An act to authorize a special term of the Henry Circuit
Court ;
Which originated in the House of Representatives.
The Senate again came into the Hall of the House, and in like
manner as before, proceeded to the election of a Secretary of State;
And, on counting the votes on the sixth ballot, it appeared that
John H. Thompson received - - - - - 72 votes.
Stephen G. Dodge received - - - - - 70 "
George E. Tingle received . ... - 1 vote.
Scattering - - - - - - -6 votes.
No person having received a majority of all the votes given, the
convention, in like manner, proceeded to a seventh ballot;
When it appeared that ' ,
John H. Thompson received - - - - - 70 votes.
George E. Tingle received - - - - - - 69 "
Stephen G. Dodge received - - . - - - - 3 "
Scattering - -.....-7"
No one having received a majority of all the votes given, the con-
vention proceeded to an eighth ballot ;
And, on counting the votes, it appeared that . ,
John H. Thompson received, 74 votes.
George E. Tingle received, - - - - - 68 *'
Scattermg, < "
Neither of the candidates having yet received a majority of all
326
the votes given, the convention, in like manner, proceeded to a ninth
balloting; when it appeared that
John H. Thompson received, ' ' - â– - - - - 76 votes.
Georo;e E. Tingle received, 60 "
Scattering, - - - - - 13 " ' •
John H. Thompson having received a majority of all the votes
given, was, by the President of the Senate, in presence of both
Houses of the General Assembly, declared duly elected Secretary of
State, for the State of Indiana, to serve as such for the term of four
years from and after the 14th day of January, 1845.
The President of the Senate adjourned the convention, sme die.
The Senate then retired.
Mr. Helvvig made the following report, (leave having been grant-
ed for that purpose :)
Mr. Speaker: - - , - '[. -:
The select committee, to whom was referred the petition of Dan-
iel B. Strong and others, citizens of De Kalb county, praying for a
road tax in said county, have had the same under consideration, and
directed me to report the following bill, and recommend its passage.
No. 296. A hill in above report mentioned, authorizing the board
of commissioners of De Kalb county to assess a road tax ;
Was read three several times, the rules being suspended therefor,
and passed. . .
Ordered, That the Clerk inform the Senate thereof.
Mr. Nimmon, on leave granted, made the following report :
Mr. Speaker: ■> ', .. , . • , • , .", .^. r^ ..
The committee on canals and internal improvements, to whom was
referred bill No. 87, of the Senate, entitled, " a bill, supplemental to
an act, relative to the water power at Northport, in Noble county,
have had the same under consideration, and have directed me to re-
port the same back, without amendment, and recommend its pas-
sage. . • ,. . , , .
No. 87 of the Senate, supplemental to an act, entitled, an act re-
lative to the water power at Northport, in Noble county ; approv-
ed January 21st, 1843 ; , . .
Was ordered to a third reading. ' " '
Mr. Leslie, on leave granted, made the following report:
Mr. Speaker: ' ,'[•' ■" •».-•>
The committee on claims, to which was referred a resolution re-
327
lative to the Revised Statutes of 18-13, have had that subject under
consideration, and directed nie to report a bill, and recommend its
passage.
No. 295. A bill in relation to the Revised Statutes of 1813, in
above report mentioned.
Was read a first and second times, the rules being suspended
therefor, and ordered to be engrossed.
Mr. Pomeroy made the following report, which was concurred in
by the House :
Mr. Speaker : ^ • ■• -
The committee on the judiciary, to whom was referred the peti-
tion of the " Society of Friends " in the county of Wayne, and also
the petition of a portion of the liberty party in Jeflerson county,
have had said petitions under consideration, and respectfully report
that while your committee award to said petitioners the right of
opinion and action in the matters petitioned for, your- committee are
confident that a large and overwhelming majority of the people of
Indiana, are opposed to a repeal of the laws referred to in said peti-
tions; and therefore report legislation inexpedient, believing the will
of the majority should always be consulted. Your committee ask
to be discharged from a further consideration of the matters contain-
ed in said petitions.
Mr. Jamison made the following report: â– .,- ,'
Mr. Speaker:
The judiciary committee, to whom was referred the resolution of
the House, instructing them to enquire into the expediency of re-
stricting within reasonable bounds, the charges of physicians for their
attendance on the sick, and lawyer's fees, have had the same under
consideration, and authorized me to report the following bill, and
recommend its passage.
No. 297. A bill to protect the people against exorbitant and op-
pressive charges for medical services;
Which was read a first time and ordered to a second reading.
Mr. Barclay made the following report :
Mr. Speaker: - ^- ' â– , ...
The committee on education, to whom was referred Senate bill
No. 93, entitled, " a bill providing for the distribution of the Saline
and Bank Tax funds among the several counties in this State," have
directed me to report the same back without amendment. > . .. , . ,.
. - 32S
Bill of the Senate No. 93. A bill providing for the distribution
of the Saline and Bank Tax lunds, among the several counties in this
State ;
Which was ordered to a third reading. ■; ' •
Mr. Garrett made the following report: , ' - , â– ;â–
. • '■■'.,. i.; .
]N[r. Speaker:
The committee on education, to whom was referred a resolution
" requesting an enquiry into the expediency of providing by law for
taking a census of all persons blind, deaf and dumb, and lunatic or
insane, have had that matter under consideration, and after due con-
sideration thereof, have directed me to report the same back to the
House, and recommend that there be no further legislative action on
that subject at this time, and ask to be discharged from the iurther
consideration thereof.
Which was concurred in.
Mr. Barclay, from the committee on education, made the follow-
ing report :
Mr. Speaker: ' , ' -' , .
I am directed by the committee on education, to report to this
House the accompanying bill, providing for the education of the in-
digent blind of the State of Indiana, and ask therefor the favorable
consideration of this House.
No. 298. A bill providing for the education of the indigent blind
of the State of Indiana ;
Which was read a first time, and passed to a second reading.
The House then proceeded to the consideration of the report of
the committee on canals and internal improvements on
No. 31. A bill for the settlement and adjustment of work done on
division No. 1 of the Wabash and Erie canal.
On motion, . â– . ? â– .
The House adjourned until 2 o'clock, P. M. '^ .. . '
- â– . â– ': ;â– 'â– ". 1 o'clock, P. M.
The House met, ....
And resumed the consideration of bill No. 31.
The question being on the amendment proposed to the bill by the
committee,
Mr Bradley moved to recommit to the same committee with the
following instructions, to- wit:
329
To require Mr. Lucas and Mr. Hall to appear before the commit-
tee and testify on oath to such matters and questions as may be
propounded to them by said committee.
Which motion prevailed.
Mr. Bradley, chairman of the committee on canals and internal
improvements, made the following report :
Mr. Speaker : .' • ' •.
The committee on canals and internal improvements, to which
was referred the petition of Zera Sutherland, have, according to
order, had that subject under consideration, and a majority of them
have directed me to make the following report: The committee are
of opinion that the prayer of the petitioner ought not to be granted;
and they ask to be discharged from the further consideration of that
subject.
Messrs. Blakemore and Darrow dissent from the above report.
On motion, . '
Said report and accompanying documents were referred to a
select committee of Messrs. Pettit, Osborn and Hazelrigg.
On motion by Mr. Bruce,
The rules were suspended, and bill of the Senate â– ' - -'
No. 20. A bill to authorize the board of commissioners of Marion
county to settle with John Elder, late sui'plus revenue agent, and for
other purposes ;
Was taken up, and read the third time, and passed.
Ordered, That the Clerk inform the Senate thereof.
Mr. Stapp, from the committee on the State Bank, made the fol-
lowing report :
Mr. Speaker:
The committee on the State Bank, to which was referred a bill,
No. 219, providing for the sale of lands mortgaged to the sinking
fund, and forfeited to the State of Indiana, and for other purposes,
have had the same under consideration, and have directed me to re-
port the same with an amendment, and ask the .concurrence of this
House.
Mr. Anthony moved to lay the bill and amendment in said report
mentioned, on the table, and that 100 copies of said amendment be
printed for the use of this House.
A division of the question being called by Mr. Rich,
The question was first taken, . ' >
Shall the bill and amendment lie on the table? , ' , .1
Which was decided in the affirmative. -
The question was then taken, , ■■. - ■-■:••- -
42 H . . ,
330 ^
Will the House order the amendment to be printed? ' â–
Which was decided in the affirmative.
Mr. Conner, from a select committee, made the following report :
Mr. Speaker:
The select committee, to whom was referred a petition from sun-
dry citizens of Tipton county, in relation to the road tax in said
county, have directed me to report the following bill, and recommend
its passage:
No. 299. A bill to compel speculators to pay a road tax equal to
that paid by actual settlers;
Which was read a first and second times, the rules being suspend-
ed therefor, and ordered to be engrossed for a third reading.
Mr. Tague, from a select committee, made the following report:
• â– . ' -..I' â– ' â– â–
Mr. Speaker:
The select committee, to whom was referred a petition from a
number of citizens of Hancock county, in relation to vacating a
part of a State road leading from Charlottesville to Muncietown,
have had the same under consideration, and have directed me to re-
port the accompanying bill, and recommend its passage:
No. 300. A bill to vacate a part of a State road therein named ;
Which was read the first and second times, the rules being suspend-
ed therefor, and, â– â– . . '
On motion by Mr. Bell,
Was laid on the table.
Mr. Rose, from a select committee, made the following report :
Mr. Speaker :
The select committee, to which was referred the petition of Elias
Bowling, administrator of John Graves, late of Clay county deceas-
ed, have had that matter under consideration, and have directed me
to report and recommend the passage of the accompanying bill:
No. 301. A bill for the relief of the creditors of John Graves, late
of Clay county deceased;
Which was read a first and second times, the rules being suspend-
ed therefor, and ordered to be engrossed for a third reading.
Mr. Stophlet, from a select committee, made the following report :
Mr. Speaker:
The select committee, to whom was referred the petition of sun-
331
dry citizens of Adams county, have had the same under consideration,
and directed me to report, that it is inexpedient to legislate on that
subject, and ask to be discharged from the further consideration of
the same.
Which report was concurred in by the House.
Mr. Stophlet, from a select committee, made the following report :
Mr. Speaker: ' . • . ,. ' •
The select committee, to whom was referred the petition in rela-
tion to a turnpike road in the county of Allen, have had the same
under consideration, and directed me to report, that it is inexpedient
at this time to legislate on that subject, and ask to be discharged
from the further consideration of the same.
Which report was concurred in by the House.
Mr. Heustis, from a select committee, made the following report:
Mr. Speaker: • ' .' . . . . • .- " •;• •
The select committee, to whom was referred the petition of E.
Tate and others, praying relief for Joanna Mahony, have instructed
me to report the following bill, and recommend its passage :
No. 302. A bill for the relief of Joanna Mahony ;
Which was read three several times, the rules being suspended
therefor, and passed.
Ordered, That the Clerk inform the Senate thereof.
Mr. Handy, from a select committee, made the following report:
Mr. Speaker :
The select committee, to whom was referred the petition of citi-