poll of seventy-five cents of each and every person liable to pay a
poll tax on or before the first day of June, each chman, Hoggatt, Howard, Huckaby, Lewis of
Wayne, Little, Matlock, Miller, Odell, Parker, Rich, Shanks, Shelby,
Stapp, Sullivan, Tingley, Wright of Switzerland, and Wright of
Wayne— 26.
So said bill and amendment were laid on the table.
The following message was received from the Senate, by Mr, Otto,
their Principal Secretary :
Mr. Speaker : •
The Senate have passed an engrossed bill thereof, entitled, as fol-
lows :
No. 246. An act to amend an act, entitled, "an act to incorporate
the Buffalo and Mississippi Railroad Company," approved February
6, 1835, and all acts amendatory thereto;
In which I have been directed to ask the concurrence of this
House. â–
N^o. 246, in said message mentioned.
Was read three several times, the rules being suspended there-
for, when
Mr. Robinson of Carroll moved to recommit to a select committee
with the following instructions : to
" Insert a section making the stockholders individually liable for
all the debts of the company ;" when
Mr. Rich moved the previous question ; - . • / .. •
Which was seconded by the House. â– â– â– 'â– '.'
The question then being, '., ^^
Shall the main question be now put?
Which was decided in the affirmative. ' • • . < '. T
The main question was then put, to-wit :
"Shall the bill pass ?" -^ / ;. '[
Which was decided in the affirmative. , ! ..;,
Ordered, That the Clerk inform the Senate thereof. ■•: "■>.'"''
57 H
4S0
Mr. Grubbs made the following report : • '■' - •
Mr. Speaker:
The committee on enrolled bills report, that they have compared
the following enrolled with the original bills of the House, and find
the enrollment correctly made.
No. 88. An act to amend an act, entitled, " an act to incorporate
the town of Columbus, in the county of Bartholomew, Indiana," ap-
proved February 6, 1839, and for other purposes ;
No. 282. An act for the relief of the heirs of Hezekiah B. Luckett
and Sarah B. Yandel ;
No. 101. An act to change the mode of doing county business in
the county of Crawford ;
No. 68. An act to change a certain alley in the town of Pittsburg,
Carroll county ;
No, 108. An act extending the provisions of an act for the pro-
tection of wild fruit on public lands in the counties of Lake, Porter,
Laporte, St. Joseph, Marshall, Fulton, and Kosciusko, approved Jan-
uary 13th, 1844;
No. 196. An act to incorporate the Literary Society of Hanover
College;
No. 251. An act to extend the term of February A. D., 1845, of
the Miami Probate Court ;
No. 275. An act to amend the 7th article of the 13th chapter of
the Revised Statutes, so far as the county of Lawrence is concerned ;
No. 69. An act for the relief of Ann Matthews;
No. 48. A joint resolution in relation to a grant of land for the
completion of the northern end of the central canal ;
No. 249. An act to amend an act, entitled, " an act for the relief
of Ann Frankbower," approved January 15th, 1844;
No. 110. An act to amend section 88, chapter 48, article 4, part
3, of the Revised Statutes of 1843;
No. 277. An act declaring a road in Tippecanoe county a State
road ;
No. 97. A joint resolution on the subject of the Cumberland road,
and Harbor at Michigan City ;
No. 145. An act to amend an act entitled, " An act for the relief
of John Law, Lucius H. Scott, Hugh Stewart, Henry V. McCall,
James B. McCall, and Mary J. McCall, the heirs and legal represen-
tatives of James B. McCall, deceased," approved January 15, 1844;
No. 303. An act to authorize the construction of a levee on the
banks of Blue river in Shelby county ;
No. 291. An act for summoning grand and petit jurors in the
counties of M'adison and Hancock, and fixing their fees;
No. 290, An act to legalize the acts of John Harden, a justice of
the peace of Hamilton county ;
No. 129. An act to change the name of Anna Maria Schmoll :
451
No. lis. An act legalizing the special sessions of the board of
county commissioners in the county of Daviess ;
No. 32. An act to abolish the otiice of county auditor in the coun-
ty of Tipton ;
No. 112. An act entitled an act regulating the elections of super-
visors in the counties of Steuben and De Kalb ;
No. 51. An act to legalize the election of Trustees of the Enon
Church of General Baptists in Gibson county ;
No. 33. An act to amend an act providing for the election of a
school commissioner in Russell township, in the county of Putnam ;
No. 37. An act legalizing certain proceedings had in the office of
school commissioner in the county of Slarshall ;
No. 35. An act to authorize Ruel Star to erect a mill dam across
the Calumet river ;
No. 73. An act to authorize Gustavus A. Rose and others, to file
their petition before the board of county commissioners of Laporte
county ; _ . .
Whereupon the Speaker signed said bills.
Ordered, That the Clerk carry them to the Senate for the Signa-
tui'e of the President.
The committee further report, tiiat on to-day, 10th January, 1845,
they presented all of the foregoing bills and joint resolutions to his
Excellency, the Governor, for his approval and signature.
On leave being granted, â– â– - - ,
Mr. Nutter introduced.
No. 385. A bill to incorporate the College Corner and Centreville
turnpike company ;
Which was read the first and second times, the rules being sus-
pended therefor, and, • ... < , .- â–
On motion.
Was referred to the committee on corporations.
Mr. McGauhey made the following report, having obtained leave
for that purpose : .
Mr. Speaker :
The committee on corporations, to whom was referred the bill
of the House No. 347, entitled, a bill to revise an act, entitled, an
act to incorporate the city of Logansport, have had the same under
consideration, and have directed me to report the same back to the
House without amendment, and recommend its passage.
No. 347, in said message mentioned, "
Was ordered to be engrossed for a third reading on to-morrow.
On leave granted,
Mr. Brecount introduced.
No. 386. A bill to authorize the county commissioners of White
county to grant license to clock pedlers ;
452'
Which was read a first and second times, the rules being suspended
therefor, when
Mr. Vandeveer moved to insert within its provisions the county of
Orange ;
Which did not prevail.
The rules were further suspended, and the bill was read a third
time and passed.
Ordered, That the Clerk inform the Senate thereof.
On leave granted, .. .
Mr. Bradley introduced • ' ' • • ' ' ■•
No. 387. A joint resolution to loan a theodolite to Asbury Uni-
versity ;
Which was read a first time, and ordered to a second reading.
On motion,
The House adjourned to meet at half past six o'clock, P. M.
â– :â– ". â– : ..... .^ Half past Q o'clock, P. M.
The House met. â– ..- . ' ' ' . . â– , , â– â– 'â– j'.
On leave granted, .' . /■. •'
Mr. Rosseau introduced
No. 388. A bill for the relief of the collector of Greene county;
On leave granted,
Mr. Foresman introduced
No. 389. A bill to locate a State road in the counties of Tippeca-
noe and Warren :
Which were read three several times, the rules being suspended
therefor, and passed.
Ordered, That the clerk inform the Senate thereof.
On leave granted,
Mr. Stephenson introduced
No. 390. A joint resolution on the subject of the Wabash and
Erie canal ;
Which was read three several times, the rules being suspended
therefor, when
Mr. Robinson of Carroll moved to recommit the bill to a commit-
tee with instructions to add the following section :
" Sec. — . That at any such relettings the work so relinquished
and abandoned, shall not be relet to the contractor or contract-
ors who so abandoned the work, nor to any person who had any
interest in such abandoned contract."
Which motion did not prevail. . ■; ■• ..
The question then recurring,
"Shall the joint resolution pass?"
And the ayes and noes being demanded by Messrs. Mooney and
Robinson of Carroll.
' • , ■. ■453
(■•-., â– â–
,■; • i. 1 •■••■' . Those xvho voted in the affinnative are, ' '. , ii" •
Messrs. Anthony, Blakemore, Bell, Bradley, Brecount, Brown,
Bruce, Colms, Conduit, Conner, Davis, Duzan, Ford, Foresman,Fry,
Garrett, Gregory, Grubbs, Hauser, Hazelrigg, Helwig, Herod, Heustis,
Hodges, Hostetter, Huckaby, Huey, Jamison, Jones of Vigo, Kelley,
Kerr, Legg, Lewis of Dearborn, Lewis of Wayne, Little, McAllister,
McClure of Knox, McClure of Scott, McGauhey, Matlock, Miller,
Montgomery, Nutter, Odell, Osborn, Parker, Pettit, Pomeroy, Rich,
Robinson of Decatur, Rose, Rosseau, Shelby, Smith, Snook, Stapp,
Stophlet, Tague, Tingley, Tomlinson, Turman, Vandeveer, Wolf,
Wright of Wayne, and Mr. Speaker — 64.
• •• Those who voted in the negative are,
'â– Messrs. Byers, Fuller, Handy, Hannah, Hardin, Hill, Hoggatt,
Jones of Fountain, Leslie, Manville, Mooney, Palmer, Robinson of
Carroll, Shanks, Shively, Wilson, and Wright of Switzerland — 17.
So the joint resolution passed. '
Ordered, That the Clerk inform the Senate thereof. ...
BILLS ON THE SECOND READING.
No. 209. A bill to regulate the jurisdiction of justices of the peace
in the counties of Lake and Porter :
Was read a second time, the rules were suspended, the bill was
considered as engrossed, read a third time, and passed.
Ordered, That the Clerk inform the Senate thereof.
No. 134. A bill to reappoint examiners of common school teach-
ers in the county of Switzerland;
Was read a second time, when,
On motion by Mr. Tague,
Hancock county was inserted within the provisions of the bill.
On motion by Mr. Stophlet,
Allen county was inserted.
On motion by Mr. Vandeveer,
Orange county was inserted.
The rules were suspended, the bill considered as engrossed, read a
third time, and passed.
Ordered, That the Clerk inform the Senate thereof. ' •; â– , . â–
No. 133. A bill for the repair of roads in certain cases; â– : , ;
Was read a second time, when
Mr. Little moved to lay the bill on the table; - .. • .: .■;
Which did not prevail.
Mr. Little then moved to commit the bill to the committee on
corporations ;
Which did not prevail. â– . , ' ' ' .; â– â– v^!
The bill was then ordered to be engrossed, ' . ' '.;" â– .'â– )<> .
454 ; 'â– â–
Mr. Palmer moved to further suspend the rules and read the bill a
third time now.
And the ayes and noes having been demanded by Messrs. Conner
and Little, . • ., , •
: ' Those who voted in the affirmative are,
Messrs. Anthony, Boardman, Bradley, Brown, Byers, Cowen, Du-
zan,Endicott, Foresman, Fry, Fuller, Handy, Hannah, Hardin, Hau-
ser, Helwig, Heustis, Hill, Hodges, Hoggatt, Hostetter, Howard,
Huckaby, Huey, Jones of Fountain, Kelley, Lewis of Dearborn,
McAllister, McGauhey, Manville, Montgomery, Mooney, Odell,
Palmer, Pettit, Rose, Shively, Simouson, Smith, Sullivan, Tague,
Turman, and Wright of Switzerland — 43.
" ' Those who voted in the negative are, ' •
Messrs. Bell, Blakemore, Colms, Conduit, Conner, Ford, Garrett,
Gregory, Grubbs, Hazelrigg, Herod, Hinchman, Jamison, Kerr,
Legg, Leslie, Lewis of Wayne, Little, McClure of Knox, Matlock,
Miller, Nimmon, Nutter, Osborn, Parker, Peek, Pomeroy, Rich,
Robinson of Carroll, Robinson of Decatur, Shanks, Shelby, Snook,
Tingley, Tomlinson, Vandeveer, Wilson, Wolf, Wright of Wayne,
and Mr. Speaker — 40. - .
So the rules were not suspended; • ''^ . • ■' ■'
And the bill was ordered to a third reading on to-morrow.
No. 136. A bill extending the provisions of an act to provide for
the appointment of township assessors in certain counties therein
named, and defining their duties, approved January 15, 1844, to the
county of Clay ;
No. 137. A bill to restrict the grand jury in Franklin county to
time, in their sessions;
Were severally read a second time, the rules were suspended, the
bills considered as engrossed, read a third time, and passed.
Ordered, That the clerk inform the Senate thereot^.
No. 138. A bill entitled an act to provide for the collection of
delinquent taxes, and liquidate the debt due from the State to the
common school fund, and for other purposes ;
Was read a second time, and,
On motion by Mr. Colms, -' â– ' •■• ; â– â–
Laid on the table.
No. 139. A bill changincr the election of school trustees in the
counties of DeKalb and Steuben ;
No. 141. A bill to provide for a uniform mode of doing township
business in Clay county;
Were severally read a second time, the rules were suspended, the
bills considered as engrossed, read a third time, and passed.
Ordered, That the Clerk inform the Senate thereof.
.. • • . 455 . ^ ,
No. 142. A bill to repeal a part of an act entitled, an act chang-
ing the time for the payment of taxes, approved January 15, 1844;
Was read a second time, and.
On motion by Mr. Rose, â– , . â– .
Was laid on the table. ■•'
No. 144. A bill for the relief of Sintha Parks, widow of Alexan-
der Parks, deceased;
No. 147, A bill for the appointment of commissioners of the re-
served townships of laud in the counties of Gibson and Monroe ;
No. 151. A bill declaring Deer creek in Perry county a navigable
stream ;
No. 155. A memorial and joint resolution on the subject of the
Cumberland road ;
Were severally read a second time, the rules were suspended, the
bills and joint resolution were considered as engrossed, read a third
time, and passed.
Ordered, That the Clerk inform the Senate thereof.
No. 157. A bill to provide for issuing an execution into any coun-
ty in this State in certain cases; • . ■. ■-.,. - "■;
Was read a second time, and, ,. • ,. - â– '"' , â–
On motion by Mr. Rose, , , :• ' ■■' • ,'•
Was laid on the table.
No. 158. A bill to extend the time of holding the Probate court
in Montgomery county;
No. 159, A bill to amend the second article of the 42nd chapter
of the Revised Statutes of 1843 ;
Were severally read a second time, the rules were suspended, the
bill considered as engrossed, read a third time and passed.
Ordered, That the Clerk inform the Senate thereof.
No. 160. A bill to authorize the county treasurer of De Kalb
county to apply certain State revenue in his hands ;
Was read a second time ; when - â– . .
Mr. Helwig offered the following amendment:
" Amend so that the Secretary of State be hereby required to for-
ward a certified copy of the foregoing act to the auditor of De Kalb
county ;
Which was adopted.
The rules were suspended, the bill was considered as engrossed,
read a third time and passed.
Ordered, That the Clerk inform the Senate thereof.
No. 328. A bill for the relief of the heirs of Noah Noble, de-
ceased ;
Was read a second time ; and, . • ,â– . . , â– , â–
During the consideration of the bill,
Mr. Jamison, on leave,
Presented a remonstrance from sundry citizens of Indianapolis
against the passage of the bill.
The bill was then considered as engrossed, the rules were suspend-
ed, and the bill was read a third time.
"#
456 . . .' .
The question then being on the passage of the bill,
The aves and noes were demanded by Messrs. Robinson of Car-
roll, and Osborn,
Those who voted in the affirmative are,
Messrs. Anthony, Barclay, Bell, Blakemore, Colms, Conner,
Davis, Endicott, Ford, Foresman, Fry, Garrett, Grubbs, Ham-
brick, Hazelrigg, Hinchman, Hostetter, Huckaby, Huey, Jones of
Fountain, Jones of Vigo, Legg, Leslie, McClure of Knox, McGau-
hey, Manville, Miller, Montgomery, Nimmon, Nutter, Odell, Os-
born, Parker, Pettit, Pomeroy, Rich, Robinson of Decatur, Shanks,
Shelby, Smith, Stophlet, Sullivan, Tague, Tingley, Tomliuson, Tur-
man, Vandeveer, Wills, Wilson, Wolf, Wright of Switzerland, and
Mr. Speaker — 52. ,.. ' .
Those who voted in the negative are,
Messrs. Bradley, Brecount, Brown, Byers, Claypool, Conduit,
Duzan, Fuller, Handy, Hannah, Hardin, Hauser, Helwig, Herod,
Heustis, Hill, Hodges, Hoggatt, Howard, Kelley, Kerr, Lewis of
Dearborn, Lewis of Wayne, Little, Mcx\llister, McClure of Scott,
Matlock, Mooney, Palmer, Peek, Robinson of Carroll, Rose, Ros-
seau, Shively, Simonson, Snook, and Wright of Wayne — 4L
So the bill passed. .
Ordered, That the Clerk inform the Senate thereof.
The rules being suspended therefor, Mr. Rose introduced
No. 39 L A bill to correct an error in an act, entitled, an act to
authorize the board doing county business in the county of Clay to
transcribe a certain record therein named and for other purposes,
approved February 9, 1843;
Which was read three several times, the rules being suspended
therefor, and passed.
Ordered, That the Clerk inform the Senate thereof. , . , â– â– â– .
On leave being granted,
Mr. Leslie made the following report :
Mr. Speaker : , • . ' ' . '
The committee on claims, to which was referred the memorial of
William Stacy, and a claim of H. Bassett, clerk of the United States
district court for the district of Indiana, have had the same under
consideration, and directed me to report the following resolution :
Resolved, That the committee on ways and means be instructed to
incorporate in the specific appropriation bill, an allowance to Wil-
liam Stacy of $57 50 — the balance due on his account for binding
the Revised Statutes of 1843 ; also, five dollars for stitching and en-
veloping a certain public document for the State, making the sum of
457 â– .
$77 50. Also, to H. Bassett, costs as clerk of the United States
district court in the suit of the State of Indiana vs. Jane Miller, et.
al., the sum of $5S 26}; and I am further directed to report, that
in the opinion of the committee, it is inexpedient to legislate on the
subject of the memorial of John Smith.
The report was concurred in, and the resolution was adopted by
the House.
Mr. Leslie also made the following report, which was concurred
in by the House.
Mr. Speaker: . ;. . , .^
The committee on claims, to which was referred the report of
the Secretary of State, in answer to a call of the House, touching
the cost of the late Revised Statutes, respectfully report, that the
several contracts for paper, binding, and distribution, were made by
the proper authorities, and have been faithfully executed. The com-
mittee find, upon examination, that the Auditor, Secretary, and
Treasurer of State, are, by law, charged with the purchase of all the
stationery used for public printing, and otherwise find that the pre-
sent Secretary of State, on account of his interest in the Indianapo-
lis paper mill, has, since being in office, declined acting upon the
board in making such contracts. The contracts for stationery for
the Revised Statutes with the paper-mill company at this place under
the circumstances, and the other contracts for binding and distribu-
tion are satisfactory to the committee, and the course of the Secreta-
ry of State in relation thereto, the committee consider to be consis-
tent with strict propriety. There being no legislative action neces-
sary on the part of the Secretary's report above referred, the com-
mittee ask to be discharged from its further consideration.
On leave granted,
Mr. Claypool made the following report: ■, . •.'•..
Mr. Speaker: •' ' . '
The committee on corporations, to whom was referred a bill in-
corporating the President, Directors, and Company of the Indiana-
polis and Andersontown Canal Company, have had the subject un-
der consideration, and directed me to report the bill to the House,
without amendment, and recommend its passage :
No. 311. A bill to incorporate the President, Directors of the In-
dianapolis and Andersontown canal company ;
The rules were suspended, the bill was considered as engrossed,
read a third time and passed.
Ordered, That the Clerk inforui the Senate thereof.
On leave granted, .â– ' .
Mr. Manville introduced ■• ■' - '
58 H
458
No. 392. A bill to repeal the 93rd section of the 2nd article of the
53rd chapter of the Revised Statutes of 1843, so far as the same re-
lates to the county of Brown ;
Which was read three several times, the rules being suspended
therefor, and passed.
Ordered, That the Clerk inform the Senate thereof.
On leave granted, .
Mr. Miller introduced ' • â–
No. 393. A bill reviving and amending a certain act, entitled, an
act to compel speculators to pay a road tax equal to that paid by
actual settlers, approved January 31, 1842; . .;■?.■■,,:■-•' .^m^.
On leave granted,
Mr. Bradley introduced
No. 394. A bill to change the name of the town of Faithville to
Parkersburgh in the county of Montgomery ;
On leave granted,
Mr. Pettit introduced ? . . . . ^
No. 395. iV bill in relation to road tax upon canal and school
lands in the counties of Wabash and Miami ;
On leave granted, ,. : ..
Mr. Huey introduced ■— ■• , . . —
No. 396. A bill to improve the breed of horses in Jay county ;
On leave granted,
Mr. Peek introduced
No. 397. A bill to do justice to the people of Martin county ;
Which were severally read a second time, the rules being suspend-
ed, read a third time and passed.
Ordered, That the Clerk inform the Senate thereof.
On leave granted,
Mr. Tingley introduced ' • ' â–
No. 398. A bill defining the various kinds of tariff of the United
vStates, and for other purposes ;
Which was read a first time, and ordered to a second reading on
to-morrow.
On leave granted,
Mr. Claypool introduced ,.''-.■■■! • .
No. 399. A bill to vacate the town of Berlin, in the county of
Fayette ;
Which was read three several times, the rules being suspended
therefor, and passed.
Ordered, That the Clerk inform the Senate thereof.
On motion,
The House adjourned until to-morrow moi'ning at half past eight
o'clock.
4 5^
4^8
FRIDAY MORNING, January 10, 1845.
The House met pursuant to adjournment.
On motion by Mr. Robinson of Carroll,
A call of the House was ordered ;
And it appearing that a quorum was not present, the sergeant-at-
arms was sent for the absentees.
The absentees having appeared, the House, as per order, proceeded
to the reception of reports.
Mr. Colms made the following report: ''â– 'â– \'-
Mr. Speaker:
The committee of ways and means, to which was referred bill of
the House No. 200, have had that matter under consideration, and
have directed me to report legislation on that subject inexpedient:
No. 200, A bill to require the payment of the revenue into the
State Treasury in such funds as are collected by the County Trea-
surers.
The rules were suspended, the bill was considered as engrossed,
read a third time and passed.
Ordered, That the Clerk inform the Senate thereof.
Mr. Hazelrigg, from the committee on education, made the follow-
ing report:
Mr. Speaker: •
The committee on education, to whom has been referred the sub^
ject of the location of the asylum for educating the deaf and dumb,
have had the same under consideration, and the undersigned, mem-
bers of said committee, now make the following report :
That by the 16th section of the act entitled " An act to establisii
an asylum for the education of deaf and dumb persons in the State
of Indiana, approved January 15th, 1844," the Governor was au-
thorized " to receive propositions of donations for the establishment
of said asylum at any point where it may be desirable to locate the
same."
The Governo]-, in pursuance of this authority, has laid before the
present Legislature the only propositions of donations for this pur-
pose, namely : those of the boai'd of commissioners of Monroe coun-
ty, and certain citizens of the same county. Tlie proposition on the
part of the said commissioners is, that they will levy an annual tax
of one cent on every hundred dollars worth of taxable property of
said county for ten years, which would yield about .$1,881 31, the
460 ' : â–
taxable property of that county being $1,494,000, and increasing at
the rate of five per cent, per annum. The subscriptions by individ-
ual citizen?; of said county, as appears from the subscription papers
laid before the Legislature, amount to about .'$2,475, making, together
with amount to be raised by the board of commissioners, $4,356 31.
These propositions of donations have been made on the condition
that the asylum bs located in Eloomington, the county seat of Mon-
roe county.
As these are the only proposed donations laid before the Governor,
the only question left for the consideration of the committee is,