holders in London," also, a copy of said memorial, and his answer
to the same.
On motion by Blr. Hazelrigg,
Resolved, That the committee on ways and means enquire into the
expediency of repealing the law attaching a penalty for the non
payment of taxes on the 25th December and 1st February, and re-
port by bill or otherwise. '., '■' '■•••- ■'■' '
On motion by Mr. Parker,
Resolved, That the committee on the judiciary be instructed to
enquire into the expediency of making all persons, who voluntarily
appear before the grand jurors as prosecuting witnesses, and at
whose instance bills of indictments shall be found, responsible for
the cost, where such bill or bills shall not be sustained, if, in the
opinion of the Court trying the same, such witness or witnesses
were actuated by malicious motives, and that they report by bill or
otherwise. ■•
On motion by Mr. Little, ' '" â– .''â– '' 'â–
Resolved, That the committee on tlie iudiciarvbe instructed to en-
' i
â– -77
quire into the propriety of amending the Revised Statutes of 1843,
article 10, section 19, so as to require the county surveyors to record
their surveys annually in the office of County Recorder.
Mr. Barclay offered the following resolution :
Resolved, that the committee on the judiciary be instructed to en-
quire into the expediency of authorizing the board of County Com-
missionei's, to make an allovv^ance to justices of the peace and other
officers for their services in State cases whenever, in the opinion of
said board, it may seem just and proper that such an allowance be
made.
Which did not prevail.
Mr. Gregory offered the following preamble and resolution :
Whereas, Resident citizens may, by the laws now in force, be
required by the Supervisors to work out double the amount of their
road tax, therefore.
Resolved, That the committee on roads be instructed to report a
bill to this House, providing that where the roads require such work
to be done, that non-resident freeholders be required to pay the same
amount as is required of resident freeholders, in such road districts
as the taxes are doubled.
Mr. Hannah offered the following resolution: ..•.*■'■■' .■,' -
Resolved, That the committee on the judiciary be instructed to en-
quire into the expediency of reporting>a bill, for the relief of jurors
who may be compelled to serve in place of those who may have
been challenged as the regular jurors, so that they receive fifty cents
each and no more, for each trial they may decide, with leave to re-
port by bill or otherwise.
Which did not prevail. . ^^ :;';- ; .^r- /â– ; ...
My. Vandeveer moved to adjourn;
Which motion did not prevail.
Mr. Robinson of Carroll presented the petition of Abigail C. Hovey
and Lorenzo D. Hovey for relief;
Which petition was referred to a select committee, consisting of
Messrs. Robinson of Carroll, Blakemore, and Miller.
On motion by Mr. Whight,
Resolved, That the committee on military affairs be requested to
enquire into the expediency of reporting, at an early day, a bill to
this House, providing for a reorganization of the militia of this State
in such a manner that the State can draw her proportion of the
public arms, according to her proportion of male inhabitants between
the ages of eighteen and forty-five years. " rl'.-' h .^i- •,-■...',
Mr. Miller offered the following resolution : • •
Resolved, That the committee on education be instructed to en-
quire into the expediency of so amending the present school law, so
that sixty-five days shall constitute what is commonly called one
quarter or three months school.
Which was referred to the committee on education.
On motion bv Mr. Leslie, ,:....:,. ... ,*,;//
78
Resolved, That tlie committee of ways and means be instructed to
enquire into the expediency of a reduction of the tax on licenses
generally, as now required to be charged by law, and especially on
licenses to vend " wooden, brass, or composition clocks," with leave
to report by bill or otherwise.
On motion by Mr. Fuller, ■••:.■■<;. '
The House adjourned. . • • ■' -.. -'v.-s - ,- ,
'' ':â– ''â– 'â– 'â– '' â– 'â– "l o'clock, P. M.
The House met.
Mr. Shively presented, • '• : -• M.-
No. 28. A joint resolution on the subject of letter postage.
Mr. Smith presented.
No. 29. A joint resolution respecting the annexation of Texas.
" Mr. McCluer of Knox presented.
No. 30. A joint resolution in relation to the improvement of the
navigation of the Wabash river;
Which were severally read a first time, ; ' '. ; ' vr • ,,'.;•.:.•■• ■,,
And passed to a second reading.
Mr, Blakemore presented.
No. 31. A bill for the settlement and adjustment of work done on
the first division of the Wabash and Erie canal.
Mr. Conner presented,
No. 32. A bill to abolish the office of County Auditor in the
county of Tipton.
Mr. Wills presented, - â– . . . . :.,; '.- .• ..,.â–
No. 33. A bill to amend an act providing for the election of a
School Commissioner in Russell township, in Putnam county;
Which were severally read a first time, â– â– > - â–
And passed to a second reading.
Mr. Osborn presented,
No. 34. A bill to amend an act amendatory to Michigan City
charter ;
Which was read a first and second time, the rules being suspended,
And ordered to be engrossed for a third reading.
Mr. Anthony presented.
No. 35. A bill to authorize Paul Starr to erect a mill dam across
the Calumet river.
Mr. Endicott presented, • ■." ' • •
No. 36. A bill to repeal the Posey' county road law.
Mr. Pomeroy presented,
No. 37. A bill to legalize certain proceedings had in the ofiice of
School Commissioner in the county of Marshall.
Mr. Herod presented.
No. 38. A bill to authorize the board of Commissioners of Bar-
tholomew county to erect a toll bridge across Driftwood Fork of
White river at Columbus.
79 , ' •
**'
Mr. Colms presented,
No. 39. A bill regulating the fees of grand and petit jurors. -^
Mr. Pettit presented,
No. 40. A bill fixing the time for holding courts in the 8th judicial
circuit. •-'■, • • ^ V,:.;. • :i' ■■:: 'i''' \-/:.
Mr. Pomeroy presented,
No. 41. A bill limiting the fees of Sheriff" for extra service, in the
county of Marshall.
Mr. Whight presented.
No. 42. A bill to repeal a certain act therein named, so far as it
relates to the county of Pike.
Mr. Rosseau presented.
No. 43. A bill declaring Black creek, in the county of Greene, a
navigable stream. ,
Mr. Herod presented,
No. 44. A bill to repeal an act entitled an act concerning over-
seers of the poor, approved January 15, 1844, so far as the same is
in force in Bartholomew county. 'â– /' '.' ' ; â– ' â–
Mr. Wright of Switzerland presented, ' / " '
No. 45. A bill to authorize supervisors to purchase suitable tools
to work the roads with.
Mr. Pomeroy presented, '• ''.
No. 46. A bill to extend the powers of Masters in Chancery, and
for other purposes.
Mr. Osborn presented.
No. 47. A bill to declare the meaning of section 29, chapter 31,
of acts 1843; . ■' •■.. ...
Which were severally read a first time, ' . ■.„• . -•.
And passed to a second reading on to-morrow. ,■'-.•■,
On motion, â– ^
The message from the Senate was taken from the table, and
No. 1. An act to vacate a part of the town of Mongoquinong in
the county of Lagrange,
• Was read a first time,
And passed to a second reading. •• •■■•■:■?
A message from the Senate by Mr. Otto, their Secretary:
Mr. Speaker: ..r.. ■■. ■.'-■,'.,. ■■■•..■■•< :■■>. ■.-:
The Senate have passed, without amendment, an engrossed bill of
the House of Representatives, as follows:
No. 14. An act to repeal "an act to limit the trustees of Evans-
ville to a certain tax."
The Senate have passed engrossed bills of the Senate as follows :
No. 5. An act relating to the collection of taxes in the town of
Rising Sun.
No. 12. Au act to repeal a certain act therein named.
â– ^
80
No. 15. Act act to extend the time of holding the May term of
the Decatur Circuit Court;
In which I have been directed to ask respectfully the concurrence
of this House.
Numbers 5 and 12 contained in the above message were read first
time and passed to a second reading.
No. 15 in the message was read first and second times, the rules
having been suspended, and ordered to a third reading.
A message from the Senate by Mr, Otto, their Secretary: -â– '^'
Mr. Speaker: - -.•'i ■•. vl< •;;>.>
The Senate have passed engrossed bills thereof as follows :
No. 6. An act for the relief of Pierrie (alias Peter) Poncin of Knox
county.
No. 7. An act to extend the time of holding Probate Courts in the
counties of Washington, Ripley and Jefferson.
No. 8. An act to repeal an act entitled "an act to incorporate the
Terre-Haute Drawbridge company, approved January 15, 1844."
A^o. 9. An act relative to the Fall terms of the Circuit Courts in
the 12th Judicial Circuit, and for other purposes.
A^o. 10. An act to vacate a part of a State road in the county of
Noble.
Also, an engrossed joint resolution thereof, entitled
No. 11. A joint resolution reviving in part, a certain act therein
named ;
In which I am directed to ask the concurrence of this House.
Nos. 6, 10 and 11, in the above message, were read first time and
passed to a second reading.
A^o. 7 in the message was read first time, the rules suspended, read
second time and referred to Messrs. Stapp, Jones of Fountain, and
Boardman.
No. 8 in the aforesaid message was read three several times, the
rules having been suspended — the bill considered as engrossed, and
passed.
Ordei^ed, That the Clerk inform the Senate thereof.
No 9 in the message was read first time, the rules suspended, read
second time and ordered to a third reading.
A^o. 2. A bill providing for the loaning of the School funds of Clay
county ;
Read second time and referred to a select committee of Messrs.
Rose, Endicott and Hodges.
No.' 7. A bill to repeal a portion of an act entitled "an act declar-
ing Patoka a public highway, and for other purposes, so far as relates
to the county of Pike;
Read second time and ordered to be engrossed for a third reading.
No. 8. A joint resolution on the subject of the Wabash and Ohio
Canal :
:w"
Read second time and referred to Messrs. Whight, Hodges, Rose,
McGauhey, Montgomery, Walker and Fidler.
No. 10. A bill to amend an act entitled "an act to incorporate the
Porter county manufacturing company, approved January 13th,
1841;"
Read second time and committed to the committee on corporations.
No. 12. A bill for the incorporation of the Philadelphia Industrial
Association of St. Joseph county, Indiana;
Read a second time and committed to the committee on corpora-
tions.
Mr. Palmer moved the following instructions, viz:
"That the committee so amend the bill as to make the stockholders
individually Hable for the debts of the association."
The question being on the adoption of the instructions,
The ayes and noes were demanded by Messrs. Whight and Palmer.
Those who voted in the afflrmative are.
,i.,».f , ,,,, .,, ■■,.., ^ ' , ■' .
Messrs. Boardman, Brecount, Brown, Bruce, Byers, Colms, Con-
duit, Cowen, Davis, Duzan, Endicott, Ford, Fuller, Hambrick, Handy,
Hannah, Hardin, Hauser, Hazelrigg, Helwig, Heustis, Hill, Hoggatt,
Hostetter, Huckaby, Huey, Jamison, Jones of Fountain, Kelly, Lan-
ius, Lewis of Dearborn, Little, McAllister, McCluer of Knox, Man-
ville, Montgomery, Mooney, Nimmon, Palmer, Peek, Robinson of
Carroll, Robinson of Decatur, Rose, Shanks, Simonson, Smith, Snook^
Tague, Turman, Vandeveer, Walker, Wills, Whight, and Wright of
Switzerland — 55.
â– ^ /
:' • ' ■" Those who voted in the negative are,
Messrs. Anthony, Barclay, Bell, Blakemore, Bradley, Claypool,
Conner, Darrow, Fry, Garrett, Gregory, Grubbs, Herod, Hinchman,
Hodges, Jones of Vigo, Legg, Leslie, Lewis of Wayne, McGauhey,
Miller, Nutter, Odell, Osborn, Parker, Pettit, Pomeroy, Rich, Ros-
seau, Shelby, Stapp, Stophlet, Sullivan, Tingley, Tomlinson, Wolf,
Wright of Wayne, and Mr. Speaker — 38.
So the instructions were adopted.
Mr. Hazelrigg moved to amend as follows : .â– ,.;:
"That the committee insert a clause, reserving to the General As-
sembly the right of repealing the charter whenever the company have
violated the same."
Mr. Blakemore moved to amend the amendment " so as to require
a majority of two-thirds of both houses to repeal." . '
Pending which motions, . .
The House adjourned,
11 H %,, r- ■• ..-.,.; .,v-.
82
â– 4\
. . <
^'â– ^' ^-. WEDNESDAY MORNING, December II, 1844.
The House met pursuant to adjournment.
The Speaker laid before the House a communication from the Pres -
ident of the State Bank of Indiana, which, ,.. ,,,.,
On motion by Mr. Robinson of Carroll, • .
Was referred to the committee on the State Bank.
Mr. Vandeveer moved to instruct the committee on the State Bank
to enquire into the expediency of reporting a joint resolution instruct-
ing the Governor to issue a scire facias against the President and
Directors of said Bank, to show cause, if any there be, why it shall
not forfeit its charter; .•
Which was adopted. ' â– ' ' - '
On motion by Mr. Robinson of Carroll,
Mr. Blakemore (at his request) was excused from serving .on the
select committee to which was referred the petition of Abigail C.
Hovey and L. D. Hovey, and Mr. Vandeveer added.
Mr. Shiveley presented a petition of John Davis and others, pray-
ing a repeal of a part of the criminal code therein named;
Which was referred to the committee on the judiciary.
The Speaker laid before the House the following communication
from H. J. Harris, Auditor of State:
Auditor's Office, )
..•••■■■■;.:- ■■• .', • Decembei- 11, 1844. \
To the HonoToble Speaker ' '■'■■■••' ■• '• ■■v-? '...•:•■•. Vh' '
':'â– /,'. '",',.. â– of the House of Representatives: " ',"' '" " '"*.^
Sir: — In compliance with the resolution of the House, adopted on
the 6th inst., I have the honor to submit the following statements,
showing the amount allowed to the various officers on the Wabash
and Erie Canal, east and west of Tippecanoe, during the years 1843
and 1844 respectively.
I am, very respectfully, â– ,; ;
Your obedient servant, '" â– â– "'"':â– â– '
i^ , ., ;,. ^^ HORATIO J. HARRIS,
' * ,-, ''^ ' ' '' Atiditor of State.
Allowances in 1843. '"' ' ' ' ' '"' .
Stearns Fisher, commissioner on eastern division, - - ,g-l,GOO'
Two superintendents at $1,000 each, (eastern division,) - 2,000
Two Clerks in the land offices, - - - - - 1,150
Four collectors at $400 each, - " . " . ' " " ^'^^^
James Blair, commissioner on western division, at $2,50 per
day, . - - - 915
Principal Engineer, western division, .... 1,000
Three assistant engineers, on western division, at S800 each, 2,400
Total for 1S43, $ 10,065
,>.-•■;;:.. I ;<:.'■, 'j. AUowunces i?i 1844. ...
Ebenezer F. Lucas, general superintendent, - - - $1,000
Six assistants, (three on eastern and three* on western divi-
sions — the latter forming a part of the engineer corps,) at
$500 each, 3,000
Four collectors, at $400 each, 1,600
Principal Engineer, (western division,) . . - - 1,000
Assistant "" " " 800
Two clerks in the land offices, 1,200
.■•v-.. < - Total for 1844, -, ■- '•.' $8,600
The reduction in the expenditures on account of officers' salaries,
.under the act of December 15, 1843, is, therefore, $1,465 per annum.
To the Committee on Canals 'â– ' "
and Internal Imjjrovements: • '
Since the foregoing report was made out, my attention has been
called to the fact that two superintendents were employed on the wes-
tern division, in 1843, at a salary of $540 each. This would make
the expenditures for that year $11,145, and the reduction would,
therefore, be $2,545 per annum. The report of expenditures for
1843 as above, was made from the vouchers on file in this office, and
the accounts in the vouchers are sometimes made out in such vague
terms, as to prevent an absolute certainty in arriving at the number
and compensation of officers.
Your obedient servant,
^^! >"^ ^'••i -^ '^' ■' HORATIO J. HARRIS.
Mr. Heustis presented a petition of James Garrigus and others,
praying a repeal of a law locating a certain road ;
Also, a petition of Charles Perrine and others, on the same subject;
Which were referred to the committee on roads.
Mr. Bradley presented a remonstrance of Austin W. Morris, re-
monstrating against the Legislature granting the petition of Abigail
C. Hovey and L. D. Hovey;
84
Which was referred to the select committee to which was referred
the petition on the same subject.
Mr. Heustis presented a petition of John Condall, praying the pas-
sage of an act for the purpose therein named ;
Which was referred to a select committee of Messrs. Huestis,
Whight, and Wright of Wayne.
Also, a petition of Catherine Ruble, praying for the passage of an
act for purposes therein named;
Which was referred to the committee on the judiciary.
Mr. Walker presented a remonstrance of sundry citizens of Posey
county, remonstrating against a change in a certain road:
Which was referred to the committee on roads.
Mr. Huey presented a petition of Theophilus Wilson and others,
on the subject of a mill-dam across Wabash river;
Which was referred to a select committee of Messrs. Huey, Greg-
ory, and Hardin.
Mr. Lewis of Dearborn, presented a petition of S. Ludlow, pray-
ing for relief;
Which was referred to the committee on the judiciary.
Mr. Conduit presented a petition of Ann Matthews, praying
for relief;
Which was referred to a select committee of Messrs. Conduit, Bell,
and Leslie.
Mr. Cowen presented a petition of sundry citizens of Elkhart coun-
ty, praying for a modification of an act regulating the duties of County
Treasurers ;
Which was referred to a select committee of Messrs. Cowen and
Hazelrigg.
Mr. Stapp presented a communication of J. R. Troxell, asking for
relief to be granted John M'Intire; .^jt,^ â– .
Which was referred to the committee of ways and means,
Mr. Hazeh'igg made the following report:
Mr. Speaker: .■.:/■.■.. y-..'/ ^ . .,•..>•:•■/;.:;;,,/,!, •,.;■>■.('% ?•;.; j:!;*^''
The committee on education to which was referred the resolution
instructing them to enquire into the expediency of amending the 98th
section of the 15th chapter of the Revised Statutes of 1843, have
had the same under consideration and directed me to report the fol-
lowing bill, and recommend its passage.
No. 49. A bill, in the above report mentioned, to amend the 98th
section of the 15th chapter of the Revised Statutes of 1843, relating
to common schools;
Was read a lirst time and ordered to a second reading.
Mr. Hazelrigg made the following report :
85
Mr. Speaker :
The committee on education to whom was referred the resolution
instructing them to enquire into the expediency of amending the
school law relative to the district Treasurers having the teachers day-
book sio-ned, sworn to and filed in his office before paying out any
money, have had the same under consideration and ask leave to re-
port,
That they do not think any legislative action on that subject neces-
sary, as that matter is already sufficiently provided for.
The committee asks to be discharged from the further consideration
of the subject.
Which was concurred in. •' ' • ■' ■■■;•'■' ■' ■■: • -;" ' ' ;''-^"-
• ;:'..■.•; >..:■:■•■■, ■■■■■■•'•'-■■.Hf
Mr. Bradley made the following report: "'''-" ' ■■'^' '"'" ■' ' ■•^'
Mr. Speaker: .•.■.<•:.!?::—. "■•'■v.v ■' ::■■■■: •,-..■.•.■rA-f
The committee on canals and internal improvements, to which was
referred the report of Wm. Ray, W. Dickerson and M. Gray, com-
missioners appointed by an act of the last General Assembly to assess
the damages of John Sankey, occasioned by the construction of the
Cross-Cut canal, in Vigo county, have, according to order, had that
subject under consideration, and they have directed me to report the
accompanying bill and recommend its passage. • ■.
No. 50. A bill, in the above report mentioned, for the relief of
John Sankey of Vigo county;
Was read a first time and ordered to a second reading.
Mr. Montgomery made the following report : â– "
Mr. Speaker: ' -— - . -^
The select committee, to whom was referred a petition to legalize
the election for trustees of the Enon Church of General Baptists in
Gibson county, have had that subject under consideration and have
directed me to report the following bill, and recommend its passage.
No. 51. A bill, in the above report mentioned, to legaHze the elec-
tion for trustees of the Enon Church of General Baptists in Gibson
county;
Was read a first time and ordered to a second reading. • >■:■''
Mr. Sullivan made the following report: . ■; '.■- '•' ;l
Mr. Speaker:
The committee to whom was referred the resolution of the House
authorizing the committee to enquire into the expediency of calling
a convention to amend the Constitution, have had the matter under
consideration, and directed me to report the iblloM^ing bill, and re-
commend its passage.
No. 52. A bill in the above report mentioned, authorizing a con-
vention to be called to alter, change, or amend the constitution,
Was read a first time and ordered to a second reading.
Mr, Lewis of Dearborn made the following report :
Mr. Speaker: ..■..■. ■■„■■.. %..."■: _.- .■.;.
The select committee to whom was referred the memorial of
Joseph Proctor and others asking for relief, have had that subject
under consideration, and have directed me to report the accompa-
nying bill, and recommend its passage : ,.,, ,-,_;. f ^J ' -j -.J.,,'^
No. 53. A bill in the above report mentioned, for the relief of
Joseph Proctor and others ;
Was read a first time, and ordered to a second reading.
Mr. Pettit made the following report : ,
; Mr. Speaker: .,;., ••., v,.,v ;. ■■,. . . , ■-v-'^, A ^"^ '■; .. V. ■-J,' \-xi^
The select committee to which was referred the petition of Mahlon
Waldron and others, for the passage of an act authorizing Daniel
C. Shannon to erect a mill dam across the Mississinewa river, have
considered the same, and instructed me to report the accompanying
bill: , ;..,./...- â– ;..:...â– ^?^.:r,
'No. 54. A bill in the above report mentioned, to authorize Daniel
C Shannon to erect a mill dam across the Mississinewa river ;
Was read a first time, and ordered to a second reading. ; ,y*,'
Mr. Pettit made the following report:
Mr. Speaker: .^, . ,- -'r.^u ' :;,■.■• >■- ^ ^'iry-'iJi':! :■'■;.-!' -in-J ^iif
The committee to whom was referred the petition of Otey James
and other citizens of Wabash county, for the passage of an act for
the protection of wild deer within said county, have considered the
same, and directed me to report the accompanying bill :
No. 55. A bill in the above report mentioned, for the preserva-
tion of wild game in the county of Wabash;
Read a first time, and ordered to a second reading.
On motion by Mr. Claypool,
Resolved, That the judiciary committee be directed to report to
this House, their opinion of the execution law as it now stands in
connection with the late decision of the supreme court, so that
sheriffs and constables may act more advisedly on the subject., r*^ '
On motion by Mr. Pomeroy,
Resolved, That the committee on the judiciary be instructed to en-
quire into the expediency of reporting a bill, making a further pro-
vision in the law for the disposition " of the lands delinquent for the
non-payment of taxes, which were offered for sale for the collection
of taxes, on the first Monday of January, 1844," and not sold for
the want of bidders, that in reporting said bill a direct reference be
had to the 124th section of the i2th chapter of the Revised Statutes
of 1843. / ,
On motion by Mr. Byers, .â– >.''â– <<.(•.â– *.:'/ > • . :» .•• —>â–
Resolved, That a select committee be appointed to enquire wheth-
er or not the present term of service of the commissioners of the
seminary lands in Gibson and Monroe counties have expired, and if
so, to report a bill to this House filling such vacancies and defining