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House of Representatives Indiana. General Assembly.

Journal of the House of Representatives of the state of Indiana, during the twenty-ninth session of the General Assembly. (Volume 1844-45)

. (page 55 of 62)

Indiana, approved January 15th, 1S44;

No. 165. An act to amend the law relative to licenses upon
clocks ;

No. 372. An act for the relief of the purchasers of lands in the
seminary township in Monroe county ;

No. 337. An act to locate a State road in Sullivan county ;

No. 408. A joint resolution on the subject of Oregon territory;

No. 167. An act for the relief of Robert Harbison of Monroe
county, Indiana ;

No. 213. An act to legalize the official acts of Mark Manlove,
road commissioner ;

No. 91. An act to amend an act entitled "an act relative to licens-
ing groceries in the counties of Carroll and Cass, apoi-oved Januai-y
31st, 1842;''

No. 218. An act declaring Lick creek, in Owen county, a public
highway ;

No. 179. An act to legalize certain proceedings in the probate
court of Carroll county ;

No. 267. An act to change the time of holding courts in Martin
county ;

No. 239. An act to regulate the attendance of grand jurors in the
fifth judicial circuit ;

No. 241. A bill to prevent the election of public defaulters ;

No. 342. A joint resolution for the relief of the heirs of Henry
Martin ;

No. 369. An act to repeal an act entitled an act to change the
mode of doing county business in the county of Scott ;

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 it re-
lates to Jackson county ;

No. 234. An act to locate a State road therein named ;

No. 362. An act for the relief of purchasers of school lands in
the counties of Randolph and Delaware ;

No. 360. An act to legalize certain acts of masters in chancery in
the counties of Fulton, Marshall, Tippecanoe, St. Joseph, and La-
porte, and for other purposes ;

No. 360. An act to amend an act entitled an act abolishing the
fee for issuing patents to purchasers of Wabash and Erie canal lands,
approved January 13, 1844;

No. 410. An act for the extension of a State road, in Laporte
county, to Winnainac, in Pulaski county :

76 H . -



••



602

No. 417. 2\n act for the relief of the administrators of John Coce,
late of Dearborn county, deceased ;

No. 229. An act to fix the times of holding com-ts in the tenth ju-
dicial circuit;

No. 367. An act to incorporate the Milltown bridge company ;

No. 349. An act to revive an act therein named ;

No. 156. An act for the relief of Milton Stapp;

All of which originated in the House of Representatives.

The following message was received from the Senate by Mr. Otto,
their Secretary :

Mr. Speaker:

The Senate have adopted a resolution in the following words :
" Resolved, That a committee be appointed on the part of the Sen-
ate to act with a similar committee on the part of the House of Rep-
resentatives, to wait upon his Excellency, the Governor, and inform
him that the Jwo Houses of the General Assembly have completed
their legislative business and are now ready to adjourn sine die, if he
has no further communication to make to them."

Mr. Defrees and Mr. Rockhill have been appointed said committee
on the part of the Senate.

On motion by Mr. Handy,

The House reciprocated the resolution in the above message ;

And the Speaker appointed Messrs. Handy and Hazelrigg said
committee to act on the part of the House.

Mr. Hazelrigg, from the committee appointed to wait on his Ex-
cellency, the Goveror, made the following report :

Mr. Speaker:

The committee appointed to act with a similar committee on the
part of the Senate, have waited on his Excellency, the Governor,
and have received for answer, that he has no further communication
to make, and he takes this occasion to wish the members a safe and
happy return to their firesides and friends.

On motion by Mr. Blakemore,

Resolved, That the Senate be informed that the House of Repre-
sentatives have gone through with their legislative business of the
present session, and are now ready to adjourn, sine die.

The following message was received from the Senate, by Mr. Otto,
their Secretary :






. 603 .

Mr. Speaker :

The Senate have adopted a resokuion, in the words followmg, to-
wit ;

Resolved, That the House of Representatives be informed that the
Senate have gone through with the legislative business of the present
session, and are now ready to adjourn, sine die.

Whereupon, Mr. Stapp moved that the House do now adjourn, sine
die.

When the Speaker, (Mr. Stephenson,) arose in his place, and after
a brief and appropriate address, pronounced the House adjourned,
si7ie die.

Attest :

GEORGE M. DAVIS,

Assistant Clerk.



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:♦ . .



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JOURNAL



POINTS OF ORDER.



" Rule 60. The Principal Clerk shall keep a journal of the decis-
sions of the Chair, to be inserted at the close of the journal of the
House." , . , .

December 12, 1844,

Mr. Claypool moved " that the Clerk of the House be directed to
withhold the message to the Senate, informing them of the adoption
of a resolution affixing the time of adjournment, sine die, on the
13th of January next, until further directed."

Mr. Robinson of Carroll objected, and presented a point of order
as follows, viz:

" That the motion of the gentleman from Fayette, Mr. Claypool,
is not in order, because it is made in violation of the order of busi-
ness, which, by the rules of the House, cannot be changed unless by
a vote of two-thirds of the members ; and because no vote has been
taken by the House, that they will consider the motion."

The Speaker decided the motion to be in order, discriminating
between orders of the House and resolutions, the former of which do
not come within the purview of the rule requiring a suspension of
the order of business.

From which decision of the Chair, Mr. Whight appealed.

On the question,

"Shall the decision of the Chair stand as the judgment of the
House?"

The ayes and noes having been demanded, resulted as follows:

Ayes 48, noes 45. ^ . , .^jj,

So the decision of the Chair was affirmed. • S ' ; '



606



' ■, * , • ' V , - December 27, 1844.

Mr. Miller offered for adoption the following- resolution :

Resolved, That this House will, the Senate concurring therein,
meet in the hall of the House of Representatives on Monday next, at
10 o'clock, A. M., and proceed to the election of a Senator of the
United States to serve as such Senator for six years from and after
the 4th day of March next.

Mr. Robinson of Carroll objected, and presented the following
point of order:

" That it is not in order to consider this resolution, because this

House did, on the day of December, and during the present

session, pass a resolution of the same kind as this, upon the same
subject, and nearly or quite in the identical words of this resolution,
which was reported to the Senate, and this House has not yet re-
ceived a message from that body, as to wtiat action, if any, has been
had upon the resolution thus sent them, and until we do receive such
a message from the Senate, we cannot act upon and adopt the reso-
lution now under consideration."

The Chair decided the question to be one of fact, and peculiarly
within the province of the House to determine. «,.■■•

There was no appeal taken.



Vi January 11, 1845.

The gentleman from Orange, Mr. Vandeveer, yielded the floor to
the gentleman from .Jennings, (Mr. Rich,) upon a private suggestion,
as it was afterwards stated, that the latter gentleman wished to sub-
mit a motion to adjourn. The motion to adjourn was made, but
withdrawn before any action had thereon. The gentleman from
Parke, (Mr. Bradley,) addressed the Chair, was responded to by the
Speaker, and moved the previous question. The gentleman from
Orange claimed the floor upon the ground that he had relinquished it
mrder the impression that he would be permitted to resume it should
the motion to adjourn not be successful. The Speaker decided that
the gentleman from 'Orange was entitled to the floor, and not the
gentleman from Parke.

From this decision Mr. Bradley appealed, upon the ground, that
when a gentleman yields the floor and resumes his seat, his yielding
of it is general and unconditional, and that the House is not bound
to recognize any understanding that may exist between two gentle-
men, unless it be publicly expressed. And if any gentleman, after
the yielding of the floor by a member, addresses the Chair and is
responded to by the Speaker, he is entitled to the floor.



It
I



607



^



On the question,

Shall the decision of the Chair stand as the judgment of the
House?

The House decided in the negative.

So the House reversed the decision of the Chair, and the gentleman
from Parke was permitted to move the previous question.
Attest:

JNO. H. FARQUHAR,
'.• • • Clerk House of Representatives.



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♦ 'V



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INDEX



.■■'•■■■ ' .• :■'■"■■ A ■ .'.;.■-,.

^ ) - :• ■ ABSENCE. ' '

• . , . * ■ ■ - ' .

Leave of, granted to JMr. Parker, 228

to Mr. Lariius, 437

... - to Mr. Whiuht, 490



; ;.: AGENT OF STATE. . ., , -

Communication from,. ....... 313

APPEALS FROM THE DECISION OF THE CHAIR.

Bv Mr. Whisht, 92

By Mr. Iluckeby, 549

- ANTHONY, SAMUEL L

Appeared and was qualified, .. - .- 5

Motion made by, - - 329

AUDITOR. ., • ,

Communications from, - - - 82,126,138,275,303,313

AYES AND NOES. ' <

On going into election of sergeant-at-arms, - - - 15
On adjourning, 15

77 H .



T,



610 - >

On purchasing newspapers for House, - - - - 16

On resolution to elect sergeant-at-anns, - - - - 29

On going into election of Judges, 36

On amendment of resolution contining voters to their own

townships, 38 and 39

On amending 31st rule of the H. of V\., - - - - 46
On bill of H. No. 3, providing for election of U. S. Senator, 47
On printing Governor's message in German language, - 5'2 and 53
On the printing additional copies of message, - - - 55
On laying resolution relative to appraisement laws on table, 61
On laying on table and indefinitely postponing resolution re-
lative to the speedy collection of debts, - - - 62
On suspending rules to take up bill of H. No. 3 (U. S. Senator), 64
On amendment of Mr. Rich to same bill, - . - - 65
On adjournment, -.-....-65
On postponing further consideration of II. bill No. 3, - - GG
On adjournment, - .....-66

On II.' bill No. 3, - - - 70

On H. bill No. 12, incorporating an association in St. Joseph

county, - - - - - 81

On giving committee on elections a clerk, - - - - 87

On laying on table Senate resolution going into election of

.ludgea, - - - ..-89

On going into election of U. S. Senator, viva voce, - - 90

On reconsidering the vote to adjourn sine die Jan. 13, - 91

On the ai)peal of Mr. Whight from decision of Chair, - 92
On reconsidering vote giving clerk to committee of ways and

means, - -..-... 100

On II. bill No. 66, for the relief of L. D. Ilovey et ux. - 106

On resolution relative to the collection of debts, - - - 110

On suspending the order of business, 112

On motion re<piesting Senate to return adjourning resolution, 113
On motion to withhold retjuest respecting adjourning resolu-
tion, - - - - - - ' - - - - 114

On reconsidering vote on re(iuesting adjourning resolution re-
turned, - - - - - - - - -114

On recommitting S. bill 23 with instructions, - - - 116
On engrossment of H. bill No. 10, amending act incorporating

Porter county manufacturing company, - - - 117

On laying on table resolution granting use of hall of H. of R., 119
On previous questions to reconsider vote on instructions to II.

bill No. 12, 131

On instructions to II. bill No. 12 (St. .Joseph Industrial Asso-
ciation), - - - - - - - - - 132

On laying on table resolution relative to appraisement laws, 140
On indefmite posti)onement of resolution relative to api)raise-

nient laws, - .-..-. 141



**â– 



611)

Oil laying on table resolution exeniptiaif preachers ironi work-

ini;; roads, - - - - - 141

On postponing resolution exenipting iireachers froui working

roads, - - - - - - - - - 142

On iadelinitelv postponing 11. bill A'o. 21 (creating loth cir.), 147

On postponing until 1st Monday in August next 11. bill No. 21, 147

On laying on table resolution relative to physicians' charges, 15S

On adoption of resolution relative to physicians' charges, - 158

On committing H. bill No. 66, for relief of A. C. Hovey et al. 162
Oil engrossment of H. bill No. 58, repealing part of section

5(5, chapter 12, Revised Statutes, - . - - 164

On adjourning, 172

On laving on table resolution relative to the issue of small

biUs^by the bank, 180

On laying on table resolution relative to clothing discharged

prisoners, - - - - - 181

On resolution to clothe prisoners discharged from State prison, 182

On committing H. bill No. 67 to judiciary, with instructions, 185
On laving on table II. bill No. 67 (restoring burnt records of

Miami county), - - - - 186

On engrossment of H. bill No. 67, - - - 186

On passage of H. bill No. 66, for relief of A. C. Hovey et al. 187

On reconsidering vote on passage of H. bill No. 66, - - 187
On })assage of H. bill No. 58, repealing part of section 56,

chapter 12, Revised Statutes 1843, - - - - 194

On laying on table II. bill No. 52, relative to changing con-
stitution, - - 200

On indefinitely postponing II. bill No. 52, - - - - 'JOl

On instructions of Mr. Claypool to II. bill No. 52, - - 202
On engrossment of S. bill No. 14, regalizing certain proceed-
ings therein named, - - - - 205

On engrossment of II. bill No. 156, for the relief of Milton

Stapp, - 210

On recommitting H. bill No. 181, relative to clocks, &c., be-
longing to religious societies, - - - - - 212

On passage of H. bdl No. 181, 213

On adoption of resolution to cliange the order of business, - 217

On laying on table H. bill No. 39, regulating lees of jurors, 223
On engrossment of H. bill No. 43, relative to Black cj'eek, in

Greene county, - - - - 225

On rejecting H. bill No. 191, relative to boundary line be-
tween Gibson and Pike, - - - 228

On laying on table U. joint resolution No. 56, relative to T.

W. Dorr, 233

On laying on table II. bill No. 72, confining voters to their

townships, - - - - 234

On engrossment of II. bill No. 72, - - - . . 235

On passage of II. bill No. 72, 236



612

On suspending further call of the House, . - - - 256
On same, - - - - - 2o7

On laving on table resolution to go into an election of U. S.

Senator, -..-... - 258

On sustaining the previous question and adoption of resolu-
tion relative to U. 8. Senator, . . - - 25S, 259
On laying on table resolution relative to time of meeting, - 2G0
On adoption of resolution ]-elative to time of meetings - 260

On reconsidering vote adopting resolution relative to the time

of meeting, . . . . ^ - - - 274

On laying on table resolution relative to time of meeting, - 275
On concurring in amendment of the Senate to II. bill J\o. 127

(Secretary of State and Librarian), - - - - 276

On passage of H. bill No. 47, declaratory of the meaning of

sec. 29, art. 3, sec. 31, Rev. Stat., ' - - - " - 278
On passage of H. bill No. 50, for the relief of John Sankey,

of Vigo county, - - - - - - - 279

On laying on the table II. bill No. 67, for the restoration of

the burnt records of jMiami county, - . - - 280

On passage of H. bill No. 67, 281

On reconsidering vote rejecting H. bill No. 191, and on re-
jecting the same, ^ ..... . 287

On amendment to S. bill No. 72, attaching territory to Ohio

county, .-.-. - - 295

On laying on table Senate bill No. 72, and passage of the

same, - - - - 296, 297

On laying on table H. bill No. 81, relative to defendants' ex-
penses in suits at law, . . . . ^ . 302

On ordering to a third reading S. bill No. 105, - . - 307
On adoption of amendment to H. bill No. 105, - - - 306
On rejection of II. biU No. 28.5, for the relief of the auditor

of Boone county, .. - . - 310

On adjourning, 319

On rejecting II. bill No. 294, relative to road taxes in Carroll

county, - - - - - - - - -324

On amendments to resolution I'elalive to election of U. S.

Senator, 333,334,335,336

On II. bill No. 132, to preserve jnuity of elections, 340, 341, 342, 343
On engi'ossment of S. Ijill No. 126, incor])orating Crawlbrds-

ville and Waliash I'ailroad company, - - - - 348

On reconsidering the vote laying on table communication from

Governor, - - - - - - - - - 3!8

On laving on tal)le connnunication from Governor, - - 349
On referring Governor's connnunication tt> connnittee on ways

and means, - - - - 350

On laying on table a comminiication from superintendent of

Wabash and Erie canal, - - - 356

On printing same, - - - - i • - . -■ ,. /



o :"; 'y



- 61:3

Ou passage of II. bill Xo. 130, rehilive to adiiiinistrator (tf ^L

H. Kemptou, deceased, - . . . 3.")!) and 300

Oil passage ot' 11. bill Xo. 1-3G, for the I'eliefof Milton Slapp, 3(52
Ou pa-jsnge of II. bill No. '2oi:, allo\viiig su])ervisors further

time to work roads, - -.._. 3(j3
On passage of H. bill A'o. '202, iiicorj oi-atiug rutnaia coimty

medical society, - .-.-.. 3(54
On passage of II. bill No. '293, for the relief of the voters of

Wtirrick county, _-.._.. 366

On H. bill No. 2S-t, to reorganize the militia, - 3GG, 3€7, 381
On passage of H. bill No. 170, relatiu)i; to a contractor on

M. and I. Railroad, - - -^ - ... 374
On H. bill No. 123, to -extend the time of payjnent upoii sales

of -canal lands, - - - - 377

On resolution relative to the pul)lic debt, - - - - 3i)i)

On resolution to i!Ost})oue the time of adjouriiment to the 2i/th

of .lanuary, - - - - - - - - 391

On indefinite postponement of IL bill ~\o. '289, providing fnr

current expenses of lSi.5, - - - 414

On S. bill No. 72, attaching additional territm-y to Ohio co., 418
On II. bill No. 92, a-«thon'^ing audit<;)r ot' \'anderbui-gli county

to call special sessions of tlie boai'd of conuTiissioners, - 422
On II. bill ?\o. 123, extending time of payment on sales of

canal lautls, - - - - 424, 42.3

On n. bill No. 321, lor relief of Alexander McClelland, - 426
On H. bill No. 132, t-o preserve the purity of elections, - 427

On H. bill No. 227, changing th-e venue in certain suits, - 428
On S. bill No. 143, for t!ie relief of 3iillens Loonjer, 429 avid 430
On II. bill No. 3S0, to raise a revenue for State purposes, 441, 443
Ou H. bill No. 379, making general appropriations for 1845, -144
On II. bill No. 381, to prevent the accumulation of interest,

&c., 4J.3

On H. bill No. 61, exeiiipting personal property from execu-
tion, - - - -'' - - - " - - - 44G
On II. bill No. 222, relative to the construction of the [-.ublic

works of the State, (Sec, 447, 448

On II. bill No. 250, amending act sultjecting real and })ej -

sonal prcipert}' to execution, . . . . ^ 440

Or II. joint resolutioii No. 390, relative to the ^Vabash an<l

Erie canal, - - - - - - - - 452

On suspending I'ules to read a thii'd time II. bill No. 133, - 454
Ou IL bill ?Co. 32S, for the relief of the heirs of Noah Noble,

deceased, - - - - - 456

Ou IL bill No. 402, ior the relief of certain persons named, d{i8

On H. bill No. 307, in relation to tlie public debt, - - 480

On S. bill No. 3y, relative to tlie burned records of .Miami

county, -• - - - - - 4.93, 494, 49.5, 40<l



614

On II. bill No. 2il'2, relative to the coutiuuance of the public

works, - - 496

On IL bill No. 168, relative to the reception of W. and E.

canal scrip for tolls, &c., . - - . . 498, 539
On II. joint resolution No. 198, relative to proceeds of sales

of the public lands, 500, 501

On II. joint resolution No. 199, relative to the reduction of

the price of public lands, ... - - 501
On II. bill No. 203, allowing additional compensation to the

Judge of sixth circuit, ...... 502

On S. bill No. 197, relative to tolls on New Albany and Viu-

cennes turnpike road, ..... 505, 549

On S. joint resolution No. 193, for the relief of D. T. Yeakel

and E. Deniing, 506

On H. bill No. 188, enabling ]M. and I. Ilailroad Co. to ac-
quire the right of way, &c., ..... 507
On S. bill No. 121, relative to the issuing by the vState Bank

notes of less denomination than $5, 509, 510, 571, 572, 577
On S. bill No. 182, relative to a site for the State lunatic

asylum, ......... 514

On H. bill No. 216, relative to administrator of IMathew II.

Kempton, deceased, ..... - 528
On H. bill No. 420, making specific appropriations for 1845, 530,

[531,532
On H. bill No. 231, for the relief of Hendricks & Son, - 533

On H. joint resolution No. 235, giving to certain members a

copy of Revised Statutes of 1843, .... 536
On H. bill No. 241, to prevent the election of public defaulters, 536
On H. bill No. 307, in relation to the public debt, - - 542
On H. bill No. 351, relative to the Miami and other Indians, 543
On H. joint resolution No. 198, relative to the proceeds of

the sales of the public lands, .... 546, 547

On II. bill No. 289, providing for the current expenses of

State for 1845, - - - 561

On II. joint resolution No. 124, on the subject of the public

lands, 573, 574

On H. bill N'o. 385, incorporating the College Corner and Cen-

treville turn[)ike company, .-. - - 579
On II. bill No. 402, for the relief of persons named, - - 580



â–  BANK, STATE.

Reports of Branches. [See reports in Documentary Journal.]
Report of President of State Bank. [See Documentary Journal.]



'*..■•



615



Comnmnication from President of State BanI
James P. Drake elected a director ol", -



82
237



BARCLAY, JOHN M.



Appeared and was qnaliiied,
Motion made bv,



4
251



BELL, THOMAS.



Appeared and was qualified,
Motions made by,



12G, 192, 22G, 276, 277, 330, 3SS



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Using the text of ebook Journal of the House of Representatives of the state of Indiana, during the twenty-ninth session of the General Assembly. (Volume 1844-45) by House of Representatives Indiana. General Assembly active link like:
read the ebook Journal of the House of Representatives of the state of Indiana, during the twenty-ninth session of the General Assembly. (Volume 1844-45) is obligatory