day book of the teacher signed and sworn to by him, before paying
out any moneys to said teacher, and to be recorded by him in a book
kept for that purpose ; and that the treasurer be authorized to ad-
minister said oath. _ '. ,
On motion by Mr. Hazelrigg, ■,;•,.,:■■.■;..;'?•
Resolved, That the committee on the judiciary be instructed to
inquire into the propriety of abolishing the docket fee in criminal
cases. â– â– ' â– â– ' '. . ,' > ^!';(/s (' t
On motion by Mr. Sullivan, . •,
Resolved, That the committee on the judiciary be instructed to
inquire into the expediency of reporting to this House a bill, declar-
ing the court of a justice of the peace, not to be a court of record.
Mr. Hazelrigg offered the following resolution :
Resolved, That the 31st rule of this House be amended so as to
strike out "indivisible," when it occurs, and insert "divisible."
And the ayes and noes being demanded by Messrs. Whight and
Robinson of Carroll,
Tliose who voted in the affirmative are,. .'• • • .■,•. ^.,';
Messrs. Anthony, Barclay, Bell, Blakemore, Boardman, Bradley,
Brown, Bruce, Claypool, Colms, Conner, Fry, Gregory, Hazelrigg,
Herod, Hinchman, Huckaby, Jamison, Kerr, Leslie, Lewis of
Wayne, Little, McCluer of Knox, McGauhey, Miller, Nutter, Os-
born, Parker, Pomeroy, Rich, Robinson of Decatur, Rosseau, Smith,
Stapp, Stophlet, Sullivan, Tingley, Tomlinson, Wills, Wolf, and Mr.
Speaker — 4L
..■:: : \ ' .j'':i-,' Those who voted in the negative are, ,.•...
Messrs. Brecount, Byers, Conduit, Cowen, Davis, Duzan, Endi-
cott. Ford, Foresman, Fuller, Garrett, Grubbs, Hambrick, Handy,
Hannah, Hardin, Hauser, Helwig, Heustis, Hill, Hodges, Hoggatt,
Hostetter, Howard, Huey, Jones of Fountain, Jones of Vigo, Kelley,
Lanius, Legg, Lewis of Dearborn, McAllister, McClure of Scott,
Manville, Montgomery, Mooney, Nimmon, Palmer, Peek, Pettit,
Robinson of Carroll, Rose, Shanks, Shelby, Shiveley, Simonson,
Snook,Tague, Turman, Vandeveer, Walker, Whight, Wright of Swit-
zerland, Wright of Wayne — 54.
So the resolution was not adopted. •'•: ■■•'•;? ;' ■•■i .lA
Mr. Blakemore introduced,
W
-* ■^- 47 ♦
No. 1. A bill to vacate a certain alley in the town of West Logan
and for other purposes ;
Which was read a second time, the rules being suspended, and re-
ferred to a select committee, consisting of Messrs. Blakemore, Her-
od, and Miller.
Mr. Rose introduced,
No. 2. A bill providing for the loading of the school funds of Clay
county ;
Which was read a first time, and passed to a second reading ori
to-morrow.
Mr. Whight introduced,
No. 3. An act to provide for the election of a Senator in the Con-
gress of the United States ; .....,,
Which was read a first time, when •.•.:. •' .
Mr. Tingley moved to suspend the rules for a second reading now.
And the ayes and noes being demanded by Messrs.
Those who voted in the affirmative are,
Messrs. Barclay, Bell, Blakemore, Boardman, Bradley, Bruce,
Claypool, Colms, Conduit, Conner, Ford, Foresman, Fry, Garrett,
Gregory, Grubbs, Hambrick, Hazelrigg, Herod, Hinchman, Hodges,
Huckaby, Jamison, Jones of Vigo, Kerr, Legg, Lewis of Wayne,
Little, McGauhey, Miller, Nimmon, Nutter, Odell, Osborn, Parker,
Pomeroy, Rich, Robinson of Decatur, Rosseau, Shelby, Smith, Stapp,
Stophlet, Sullivan, Tingley, Tomlinson, Wills, Wolf, Wright of
Wayne, and Mr. Speaker — 50.
Those who voted in the negative are,
Messrs. Anthony, Brecount, Brown, Byers, Cowen, Darrow, Da-
vis, Duzan, Endicott, Fuller, Handy, Hannah, Hardin, Hauser, Hel-
wig, Heustis, Hill, Hoggatt, Hostetter, Howard, Huey, Jones of
Fountain, Kelley, Lanius, Leslie, Lewis of Dearborn, McAllister,
McClure of Scott, Manville, Montgomery, Palmer, Peek, Pettit,
Robinson of Carroll, Rose, Shanks, Shiveley, Simonson, Snook,
Tague, Turman, Vandeveer, Walker, Whight, and Wright of Swit-
zerland — 45.
So the rules were not suspended. • . . . .^^.
Mr. Shively introduced, ' ' ' "" '
No. 4. A bill relative to the appointment of the board of com-
missioners of Grant county, to act as a board of Library Trustees
of said county, and for other purposes ;
Which was read a first and second times, the rules being suspend-
ed therefor, and ordered to be engrossed for a third reading on to-
morrow.
Mr. Blakemore introduced, - â– -iM^M , - â– .. ? ~.:> â– .. '
, * ' 48 .
No. 5. A bill providing Ibr holding a special term of the Cass
circuit court ;
Which was read a first and second times, the bill considered as
engrossed, the rules were suspended, and the bill read a third time
and passed.
Ordered, That the Senate be informed thereof.
Mr. Brown introduced.
No. 6. A bill to amend an act entitled an act to reduce the sal-
siries of Governor of State, and for other purposes ;
Which was read a first and second times, the rules being suspend^
ed therefor, and referred to a committee of the whole House on to-
morrow.
On motion.
The House adjourned until to-morrow morning at 9 o'clock...
SATURDAY MORNING, Decesiber 7, 1844.. t
The House met pursuant to adjournment.
The House resolved itself into committee of the whole on the
message of his excellency, the Governor, and after some time spent
therein, the Speaker resumed the chair, and
Mr. Leslie reported that the committee, had, according to order,
had the same under consideration, and come to sundry resolutions,
Viz:
1. Resolved, That so much of the Governor's message as relates
to the domestic and foreign indebtedness of the State, be referred to
the committee on ways and means.
2. Resolved, That so much of the Governor's message as relates
to the difference between the payment of a foreign and domestic
debt, and as relates to the debt of Great Britain and domestic man-
ufactures of the United States, and the protective policy, be referred
to the committee on federal relations.
3. Resolved, That so much of the Governor's message as represents
that the present American tariff "will largely exceed the legitimate
wants of the Treasury," and "tends to lavish prodigality on the part
of the Government," be referred to the committee on federal rela-
tions.
4. Resolved, That so much of the Governor's message as relates
to the subject of selling the public works of this State to private per-
sons of public associations, be referred to the committee on canals
and internal improvements.
, *
49^
5. Resolved, That so much of the Governor's message as relates
to the State Prison, be referred to the committee on the State Prison.
6. Resolved, That so much of the Governor's message as relates
to the Quarter-master General's department and military aflairs, be
referred to the committee on military aflairs.
7. Resolved, That so much of the Governor's message as relates
to the transfer of jurisdiction and punishment of minor offences in
this State, from the circuit court to the justices court, be referred to
the committee on the judiciary.
8. Resolved, That so much of the Governor's message as' relates
to the subject of education, deaf and dumb asylum, "Indiana Asy-
lum," providing an institution for the education of the Wind, and the
construction of a lunatic asylum, be referred to the committee on
education.
Which resolutions were read and severally concurred in by the
House.
The Speaker laid before the House the annual report of the Fort
Wayne and Richmond Branch Banks of the State Bank of Indiana
which were referred to the committee on the State Bank.
The Speaker also laid before the House, the report of the superin-
tendent of the State Prison ;
Which was referred to the committee on the State Prison.
Mr. Shanks presented the petition of sundry citizens of Jackson
township, in Washington county, praying for a repeal of an act au-
thorizing an additional place of holding elections in said township ;
Also, a remonstrance on the same subject.
Which were referred to a select committee of Messrs. Shanks,
Miller, and Hambrick.
Mr. Stapp presented the petition of James Vawter and others,
praying for the passage of an act authorizing the sale of the sixteenth
section of school land, in congressional township No. 4, in Jefferson
county;
Which was referred to the committee on education.
Mr. Stapp presented the petition of James Vawter, praying for
relief; referred to the committee on canals.
Also, Mr. Stapp presented the petition of sundry citizens of Jeffer-
son county, praying for a change in the law regulating the jurisdic-
tion of justices of the peace.
Which was referred to a select committee of Messrs. Stapp, Sul-
livan, and Jones of Fountain.
Mr. Whight presented a petition of sundry citizens of Pike coun-
ty, praying the restoration of the original boundary line between
Pike and Gibson counties.
Which was referred to a select committee of Messrs. Whight,
Montgomery, and Fuller.
Mr. Lanius presented a petition from sundry citizens of Ohio coun-
ty, praying for the addition of certain territory therein named, to
said county.
7 H %
.f.
^ 50
Which was referred to a select committee of Messrs, Lanius,
Huestis, Tingley, Lewis of Dearborn, Hannah, and Boardman.
Mr. Robinson of Decatur made the following report :
Mr. Speaker: • • ■- < . -
The committee on elections, to whom was referred the petition of
Oliver Cromwell and Robert M. Wingate, charging Allen T. Rose,
a member of this House, with being a defaulter, have examined said
petitions, accompanying papers, and proofs; and although your com-
mittee express no opinion at this time as to the truth or falsity of the
charges contained in said petition, yet your committee are of opin-
ion that justice to the State as well as to the accused, requires a fair
and faithful investigation into the charges made in said petition, and
have directed me to report the following resolution, and ask its adop-
tion.
Resolved, That for the purpose of fully investigating the charges
of defalcation made in the petition of Oliver Cromwell and Robert
M. Wingate, against Allen T. Rose, a member of this House, the
committee be, and are hereby authorized to send for persons and
papers ; that during the investigation of said charges by said com-
mittee, said Rose have leave to appear before said committee by him-
self and counsel, for the purpose of making defence against said
charges, and that he be authorized to send for persons and papers.
Which was concurred in by the House.
Mr. Blakemore made the following report :- . . . \v y
Mr. Speaker: ;. , .•.-.•^-' ^ :A''/xW -
The select committee to which was referred bill No. 1, providing
for the vacation of a certain alley in the town of West Logan, and
for other purposes, have had the same under consideration, and have
directed me to report it back to this House and recommend its pas-
sage.
Bill No. L in the above report, was considered as engrossed, the
rules suspended, read a third time and passed.
Ordered, That the clerk inform the Senate thereof. _ .
Mr. Whight made the following report:
Mr. Speaker: â– ' v:'.:';^-/:-,- -; â–
The select committee to whom was referred a petition of Arthur
Thompson and others, praying the repeal, in the county of Pike, of a
law compelling all persons who reside within two miles of the river
Patoka, who work roads, to work said river as a public highway,
have had the same under consideration, and have directed me to re-
[)ort the accompanying bill and recommend its passage.
m \ >
Bill No. 7. on the above report, was passed to a second reading on
to-morrow.
On motion by Mr. Colms,
Resolved, That the Treasurer of State be and is hereby required
to report to this House, at the earliest day practicable, by what au-
thority he paid to the branch bank of Indiana, at Michigan City, in
contracting a loan with said branch, authorized by a law of the last
session of the Legislature, a premium of two per cent, on the sum
of forty thousand dollars obtained from said branch bank in a draft
on the city bank of New York.
On motion by Mr. Claypool,
Resolved, That the committee on education be instructed to en-
quire what amendment is necessary to the law fixing the fees of
county treasurers, for their services in the management of the seve-
ral trust funds, and particularly the county seminary fund, and report
to this House.
On motion by Mr. Vandeveer,
Resolved, That the Auditor of State be requested to report to this
House, the amount of State bonds sold on account of the general
system of the Internal Improvements exclusive of the Wabash and
Erie canal, to whom sold, by whom s.old, the amount received, and
balance due to the State of Indiana on each contract separately, and
the precise time and date, so as to ascertain when and where such
contracts were made, and what funds have been received by the
State on account of such contracts.
Mr. Davis offered the following resolution for adoption :
Resolved, That five hundred copies of the Annual Message of the
Governor, be printed in the German language, for the use of the
House.
Mr. Stapp moved to amend the above resolution, by inserting " and
five hundred in the French."
Mr. Hambrick moved to lay the resolution and amendment on the
table.
When the ayes and noes being called by two members, ,''^
Those who voted in the affirmative are,
Messrs. Barclay, Blakemore, Bradley, Brown, Bruce, Claypool,
Conduit, Conner, Foresman, Fry, Grubbs, Hambrick, Herod, Hostetter,
Jamison, Jones of Vigo, Kerr, Legg, Leslie, Little, McCluer of Knox,
McGauhey, Miller, Nutter, Odell, Parker, Robinson of Decatur, Ros-
seau, Shelby, Sullivan, Tomlinson, Wills, and Mr. Speaker — 33.
Those who voted in the negative are,
Messrs. Anthony,Bell,Boardman, Brecount, Byers, Colms, Cowen,
Darrow, Davis, Duzan, Endicott, Ford, Fuller, Garrett, Gregory,
Hannah, Handy, Hardin, Hauser, Hazelrigg, Helwig, Heustis, Hill,
â– T 52 â–
Hinchman, Hodges, Hoggatt, Howard, Huckaby, Huey, Jones of
Fountain, Kelly ,"Lanins,"Lewis of Dearborn, Lewis of Wayne, Mc-
Allister, McClure of Scott, Manville, Montgomery, Mooney, Nim-
mon, Palmer, Peek, Pettit, Pomeroy, Rich, Robinson of Carroll, Rose,
Shanks, Shively, Simonson, Smith, Snook, Stapp, Stophlet, Tague,
Tingley, Turman, Vandeveer, Walker, Whight, Wolf, Wright of
Switzerland, and Wright of Wayne — 63.
So the resolution was not laid on the table.
Mr. Cowen called the previous question; ^ ♦
Which was seconded. '-• ■',' '
And the question being, " Shall the main question be now put?"
Was decided in the affirmative.
The question then recurring, "Shall the resolution be adopted?"
Messrs. Robinson of Carroll and Rich demanded the ayes and
noes. •■■:,„•••—-■.-,- - •. •: -h - -• > ■■",,■■■/' '' •
Those who voted in the affirmative are,
Messrs. vVjithony, Bell, Boardman, Byers, Colms, Cowen, Darrow,
Davis, Duzan, Endicott, Fuller, Garrett, Gregory, Handy, Hannah,
Hardin, Hauser, Hazelrigg, Helwig, Heustis, Hill, Hodges, Hoggatt,
Howard, Huckaby, Huey, Jones of Fountain, Kelly, Lanius, Leslie,
Lewis of Dearborn, Little, McAllister, McClure of Scott, Manville,
Montgomery, Mooney, Nimmon, Odell, Palmer, Peek, Pettit, Pome-
roy, Robinson of Carroll, Rose, Shanks, Shively, Simonson, Snook,
Stapp, Stophlet, Tague, Turman, Vandeveer, Walker, Wills, Whight,
Wright of Switzerland, and Wright of Wayne — 59.
Those who voted in the negative are, .^.MtM
Messrs. Barclay, Blakemore, Bradley, Brecount, Brown, Bruce,
€laypool. Conduit, Conner, Fry, Grubbs, Hambrick, Herod, Hinchman,
Hostetter, Jamison, Jones of Vigo, Kerr, Legg, Lewis of Wayne,
McCluer of Knox, McGauhey, Miller, Nutter, Osborn, Parker, Rich,
Robinson of Decatur, Rosseau, Shelby, Smith, Sullivan, Tingley,
Tomlinson, and Wolf — 36.
So the resolution was adopted.
The House adjourned.
2 o'clock', P. M^'
The House assembled.
Mr. Little moved to reconsider the vote on the adoption of the
resolution authorizing the printing five hundred copies of the Gov-
ernor's Message in the German language.
Mr. Robinson of Carroll called the previous question ; ,
Which was seconded.
And the question, shall the main question be now put? •'y - ' - [nc
Was carried in the affirmative. < .
The question then recurring on the reconsideration of the vote, ' â–
Messrs. Parker and Robinson called the ayes and noes. ii.'
Those who voted in tlie affirmative are, 'â– 'â– â– â– â– yt'-XU'>iS
Messrs. Barclay, Blakemore, Bradley, Bruce, Claypool, Conner,
Foresman, Fry, Grubbs, Herod, Jamison, Kerr, Legg, LesUe, Lewis
of Wayne, Little, McCluer of Knox,McGauhey, Nutter, Parker, Pom-
eroy, Rich, Robinson of Decatur, Rosseau, Shelby, Sullivan, Tingley,
Tomlinson, Wolf, and Mr. Speaker — 30.
Those who voted in the negative are, ' ' «.•■•-.. ..
Messrs. Anthony, Bell, Boardman, Brecount, Brown, Byers, Colms,
Conduit, 'Darrow, Davis, Duzan, Endicott, Ford, Fuller, Garrett,
Gregory, Handy, Hannah, Hardin, Hauser, Hazelrigg, Helwig, Hill,
Hinchman, Hodges, Hoggatt, Hostetter, Howard, Huckaby, Huey,
Jones of Fountain, Jones of Vigo, Kelly, Lanius, Lewis of Dear-
born, McAllister, McClure of Scott, Manville, Montgomery, Mooney,
Nimmpn, Odell, Palmer, Peek, Pettit, Robinson of Carroll, Rose,
Shanks, Shively, Simonson, Smith, Snook, Stapp, Tague, Turman,
Vandeveer, Walker, Wills, Whight, Wright of Switzerland, and
Wright of Wayne — 61.
So the House refused to reconsider said vote. " •■■• •• ''■-■'?
The rules having been suspended, ' "
The Speaker laid before the House the following communication
from the Secretary of State:
... , ;, ^, Secretary of State's Office, )
â– ' ' '" ' 'â– "" Indianapolis, Decemher 6, 1844. )
The undersigned, in obedience to a resolution of the House of
' Representatives of the 5th inst., requiring him to furnish a detailed
statement of the cost of paper, printing, binding, and distribution of
the Revised Statutes of 1843, designating the amount of paper, and
the cost per ream; and also a resolution of the same date, requiring
him in addition thereto, to report "how the contract for stationery
was made, and his agency in the same, and such other explanations
as he may think proper to make," respectfully reports, that not
having in his office any documents which would enable him to fur-
nish the desired information, he applied to the Auditor of Public Ac-
counts for permission to examine the files of his office, from which
he is enabled to furnish the following statement :
That there were purchased and used in printing said Statutes, be-
tween April, 1842, and November, 1843, one thousand three hundred
and ninety reams of large royal book paper, at six dollars per ream.
54
amounting; to eigiit thousand three hundred and forty dollars; that
printing the same was lour thousand Ibrty-six dollars and forty-three
cents ; that the' binding, including the pressing the sheets, was five
tliousand one hundred and twenty-nine dollars and forty-nine cents;
and that the distribution amounted to seven hundred and fifty-five
dollars and eighty-two cents; making the entire cost of the work,
exclusive of fhe compensation to the Revisors and their Clerks,
eighteen thousand two hundred and seventy-one dollars and seventy-
four cents. The foregoing, it is believed, furnishes a full answer to
the first resolution.
In answer to the second resolution, "requiring the undersigned to
report the manner in which the contract for stationery was made,
vtc," he would respectfully state, that early in the Spring of 1842,
a contract for the paper used in printing the Revised Statutes, was
made by the late Auditor and Treasurer of State, with the Indiana-
polis Paper Mill Company, of which the undersigned is a member;
that payment therefor was made from time to time as the paper was
delivered, partly in Treasury notes of the various issues, mostly the
quarter per cent. ; partly in par funds, and partly in Water rents
which were payable in Treasury notes ; these were at the time of
their receipt, as is well known, greatly under par. It was not sup-
posed when the contract for this paper was entered into, that the
quantity would exceed one half the amount actually used, the vol-
ume being larger than was anticipated, and the number of copies
ordered by the Legislature greatly exceeding the quantity usually
printed. It was thought by the officers giving the contract, that in
as much as the proprietors of the Paper Mill at this place were
paying an annual Water ]-ent to the State, of nine hundred dollars,
it would be but an act of justice to give them the contract, exclud-
ing them, however, from any participation in the contract for the
paper used in the ordinary printing of 1842, which was afterwards
extended to the year 1843, in consequence of the quantity of paper
for the Revised Statutes being larger than was expected. Taking
into consideration the value of the funds in which the paper was paid
for, the price realized for it was but a fair one, and not higher than
that received from individuals, for the same quality of paper ; as for
instance, the paper used in the 5th volume of Blackford's Reports,
fijr which the Author paid the Company about the same time, $5 25
per ream, in par funds.
There has been within the last year or two, however, a very great
depreciation in the price of paper, as also in the raw material.
The undersigned did not act on the board in making this contract,
nor has he acted in making any contract for stationery since he has
been in oflice. In 1841, soon after his election, from motives of
personal delicacy (being interested in the Paper Mill at this place)
he dechned, by a letter addressed to the Auditor and Treasurer, any
agency ni awarding contracts for stationery, upon which principle
he lias ever since acted.
The undersigned is gratified that the terms of the resolutions have
afforded him the opportunity of making the foregoing statement, it
having been asserted, perhaps inadvertantly, that the Secretary of
State is invested with the sole power of making all contracts for
stationery.
The undersigned having been informed that some of the counties
have not been supplied with a sufficient number of the Revised
Statutes, under the law authorizing their distribution, would respect-
fully suggest the propriety of making some general provision of law
on the subject, as also a provision, that to booksellers and others in
trade, they be sold at two dollars per copy, that being about the ac-
tual cost. There are undisposed of, about three thousand copies.
Respectfully submitted,
..^u .... ,.,,:,,„.^:;... , , .... y^^^ SHEETS. .•
Which was read and referred to the committee on claims. ..''','."
Mr. Miller offered the following resolution :
Resolved, That the committee on elections be and are hereby au-
thorized, if they deem the same necessary, to employ a clerk to aid
them in investigating he contested seat of the Hon. A. T. Rose, now
a member of this body. . ' •,-. ■. , ' . . ,■, ., ,i.. -.r/-
Which, . . ...,^, _
On motion by Mr. Handy, , .. t ,,.,,;, ..;,,; .. v- - '-^''-y'-r 'â– '
Was laid on the table. â– , . \
The rules being suspended, â– . ' ,..'
Mr. Robinson of Carroll moved to take from the table the resolu-
, tion in relation to probate courts ;
Which prevailed. ^ , ,,,,.;,; t ; .â– ;.
Mr. Rich moved the following amendment: ' ' ' ' ' ' -
Not implying that the judge of the probate court of Jennings is
incompetent.
The resolution was so amended, and adopted. , ' ,, . .^
Mr. Huckaby offered the following resolution, ' ' ' '•"' '
Resolved, That two thousand additional copies of the Governor's
message be printed in the German language for distribution.
Those ivho voted in the affirmative are,
Messrs. Anthony, Bell, Bruce, Claypool, Colms, Conner, Endicott,
Ford, Foresman, Fuller, Gregory, Handy, Hannah, Hardin, Hazel-
rigg, Helwig, Huestis, Hoggatt, Howard, Huckaby, Huey, Jones of
Fountain, Kelly, Lanius, LesUe, Lewis of Deai'born, McAllister, Mc-
Gauhey, IManville, Miller, Montgomery, Mooney, Nimmon, Odell,
Palmer, Peek, Pettit, Robinson of Carroll, Rose,Stophlet, Simonson,
Vandeveer, Walker, White, and Wright of Switzerland — 44.
Those who voted in the negative are, .„,.
Messrs. Barclay, BIakemore,Boardman, Bradley, Brecount, Brown,
• • 56 ' > .
Byers, Conduit, Cowen, Davis, Duzan, Fry, Garrett, Grubbs, Hau-
ser, Herod, Hill, Hinchman, Hodges, Hostetter, Jamison, Jones of
Vigo, Kerr, Legg, Lewis of Wayne, Little, McCluer of Knox, Mc-
Clure of Scott, Nutter, Osborn, Parker, Ponieroy, Rich, Robinson of