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Indianapolis, Marion County, Indiana
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Proceedings of the Indiana General Assembly from December 29, 1846, to January 1, 1847, covering Senate and House sessions with elections, petitions, committee reports, bill introductions, debates, and passages on topics including banking, judiciary, education, roads, divorces, and Mexican War resolutions.
Merged-components note: Merged multi-column components for complete legislative proceedings report spanning Senate and House sessions from December 29, 1846, to January 1, 1847; the final component includes a post office letter list at the end, which is retained as ancillary content to the report.
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Tuesday, Dec. 29.
A message was received from the House informing the Senate that they were now ready to proceed, with closed doors, to the election of a Bank Director, to fill the vacancy occasioned by the resignation of the Hon. Jas. P. Drake.
The Senate then, with closed doors, proceeded to the election of the same.
Upon the doors being opened, it was announced that both Houses had succeeded in electing James Switzer.
The Senate adjourned.
Senate met.
The Senate continued the reading of the Journal of the day previous, and in the discussion that had arisen in the morning relative to a correction proposed to the journal, the journal was not corrected as proposed; but ordered to remain as read.
Petitions Presented.
By Mr Handy; referred without reading to a select committee.
By Mr Hamer; referred without reading.
By Mr Milliken, from Omer Tousey, and others; referred without reading to a select committee.
By Mr Green; referred without reading to a select committee.
Reports from Standing Committees.
By Mr Orth, from the judiciary committee, reporting a bill back, giving to married women the right to make wills; concurred in.
By Mr Ellis, from the judiciary committee, reporting a bill abolishing the office of Agent of State, and transferring the duties of the same to the Treasurer of State; concurred in.
By Mr Orth, from the judiciary committee, reporting a bill in relation to brokers; concurred in.
By Mr Orth, from the same committee, reporting a bill relative to practice in the circuit courts; concurred in.
By Mr Henry, amending the practice in probate courts; concurred in.
By Mr Murphy, from the same committee, reporting a bill entitled "An act amending an act relative to crimes and punishments," and recommending its indefinite postponement; concurred in.
By Mr Murphy, from the same committee, reporting it inexpedient to legislate upon the subject of reducing the fees of certain officers therein named; concurred in.
By Mr Davis, reporting a bill relative to costs.
The question being on concurring with the report, and engrossing the same, it was so ordered.
By Mr Clements, from the same committee, reporting a bill for the relief of Baker and his wife; concurred in.
By Mr Stewart, from the same committee, reporting a bill relative to executions; concurred in.
By Mr Osborn, from the committee on education, recommending bill No 50 to be referred to the judiciary committee; concurred in.
By Mr Osborn, from the same committee, reporting a bill for the relief of the borrowers from the school funds; concurred in.
By Mr Logan, from the committee on claims, reporting a bill for the relief of Joel B. Caboun; passed.
Reports from Select Committees.
By Mr Milliken, reporting it inexpedient to legislate on the subject of increasing the pay of probate judges; concurred in.
By Mr Robinson, reporting a bill amending an act entitled "An act for the incorporation of the Milford and Columbus railroad;" passed.
Resolutions Introduced.
By Mr Parks, as to the expediency of repealing the law confining voters to their respective townships; not adopted.
Senate adjourned.
HOUSE OF REPRESENTATIVES.
Tuesday, Dec. 29.
The House met.
The Speaker announced the following committee in accordance with Mr. Crookshank's resolution.
Messrs. Crookshank, Thompson, Dunham, Yaryan, Carr of L., Noel, Secrest, Suit, Stanfield, and Harlan.
Petitions Presented.
By Mr. Jones of B., from sundry citizens of Blackford county in relation to the county boundary; referred.
By Mr. Carnahan, from and 105 others to locate a State road in Posey county; referred to the committee on roads.
By Mr. Hull, from A. Hendricks and son, in relation to a contract on the Madison and Indianapolis railroad.
By Mr. Suit, a remonstrance against forming the new county.
By Mr. Secrest, from citizens of Putnam county for the re-organization of the militia laws.
By Mr. Neal, from sundry citizens of Boone county, for the election of an additional justice of the peace.
By Mr. Watts, from citizens of Monroe county on the subject of license for marriage; referred to the judiciary committee.
By Mr. Secrest; referred without reading.
By Mr. Dowling, from Nathan H. Spears praying a divorce from his wife.
Mr. Dowling made some statements to show that the case was a meritorious one.
Mr. Neal moved to lay the petition on the table—ayes 58, noes 40.
By Mr. Mason, from Taggett and his securities and 423 others, praying the release from a certain judgment in the Brown circuit court.
Mr. Palmer introduced a resolution directing the clerk to inform the Senate that the House was now ready to proceed with closed doors to the election of a State Bank Director in the place of J. P. Drake; adopted.
Messrs. Fuller and Harvey were appointed tellers.
Mr. Harvey moved a call of the House; seconded.
On motion of Mr. Moore, the rules were suspended, and the bill in relation to the Marion circuit court was taken up.
On motion of Mr. Harvey, it was referred to a select committee.
The House then proceeded, with closed doors, to vote for Bank Director, and on the sixth ballot Mr. Switzer was declared their choice, having received 53 votes.
The House then adjourned.
AFTERNOON SESSION.
The Speaker laid before the House the tenth annual report of the directors of the Indiana Mutual Fire Insurance Company; laid on the table and 120 copies ordered to be printed.
A message was received from the Senate announcing that the consideration of the bill to extend the writ of garnishee in certain cases which was referred to a committee of the whole House and made the special order of the day for this afternoon, was taken up and read.
Mr. Miller being called to the chair.
[The bill authorizes an execution plaintiff in case an execution is returned with "no property found," on filing an affidavit to garnishee any decree, judgment, bond, note or account in the hands of a third person.]
Mr. Stanfield offered an amendment.
Which amendment exempts such amount due for daily labor as is necessary for the support of himself or his family. 2d. Further exempts $50 worth additional personal property or choses in action, entirely from the operation of the law. 3d. To make corporation stock liable to execution. 4th. The manner of transferring such stock when sold on execution.
Mr. Thompson moved to amend the amendment.
[Which was when the judgment defendant had not $50 worth of personal property, then an amount sufficient should be deducted from the amount attached to make up the deficit and the plaintiff pay the cost.]
Which was adopted.
Mr. Carnan moved further to amend.
The amendment related to the defendant summoning a jury to ascertain whether he makes sufficient to support his family and educate his children, and the defendant making oath that such choses in action garnisheed are necessary for such purposes, and the plaintiff being unable to prove the contrary, suit shall be dismissed at his cost.] Adopted.
Mr. Harvey moved to amend so that no claim under twenty dollars should be garnisheed; adopted.
The bill and amendments were discussed at their various stages by Messrs. Secrest, Stanfield, Thompson, Neal, Julian, Carnan and Colms.
The Committee rose.
Whereupon, Mr. Secrest moved to lay the bill and amendments on the table.
The ayes and noes being called, resulted as follows:
Ayes—Messrs. Anthony, Arnold, Brown, Balding, Carr of C., Carr of L., Carnahan, Colms, Cravens, Crookshank, Deam, Decker, Dobson, Dole, Dowling, Edwards, Ferguson, Fuller, Gilleece, Griffis, Green, Hall of P., Hall of W., Hanna, Hardins, Harlan, Hatfield, Hendricks, Hicks, Holland, Holman, Hostetter, Huddleston, Huff, Huffstetter, Hull, Hunt, Jenison, Johnson, Janes of B., Jones of G., Kerr, Lemmonds, Lewis, Logan, Lutz, Mason, May, McCormack, Meredith, Miller, Monk, Moore, Neal, Nofsinger, Norton, Osborn, Palmer, Parker, Parks, Powell, Secrest, Sleeth, Smiley, Suit, Summers, Tackett, Tait, Tebbs, Thomas, Thompson, Trimble, Walker, Watts, Wiley, Wilson, Wise, Wolfe, Woodruff, Young, and Mr. Speaker—80.
Noes—Messrs. Addleman, Battell, Cassatt, Clark, Dunham, Gordon, Hamilton, Harvey, Julian, Noel, Porter, Stanfield, Stewart of F., Stewart of L., and Yaryan—15.
Mr. Cravens, on leave, introduced a bill declaring the meaning of a certain act therein named; read the first time.
Mr. Dowling, a bill relative to advertising of real estate at sheriff's sale; read the first time.
Mr. Thompson gave notice that he would move to amend the rules so as to require the clerk to record on the journal the name of the member moving to adjourn, and the hour at which the motion was made.
The House adjourned.
Published every Thursday.
Mr. English, upon a suspension of the rules, offered a resolution adjourning the Legislature sine die on the 18th of January, 1847.
Mr. Montgomery moved to amend "that it was inexpedient to fix a day for adjournment."
On motion, the amendment was laid on the table.
Mr. Davis then moved a further amendment, "striking out the 18th and inserting the 25th."
On motion of Mr. Logan, the amendment was laid on the table.
Mr. Howell moved for the previous question; seconded.
The question then being on the adoption of the original resolution, it was adopted.
The President then announced the standing committees under the resolution as reciprocated by the House.
Petitions Introduced.
By Mr. Berry: referred to a select committee.
By Mr. Davis, then moved to take up the report of the President of the State Bank, and referred.
By Mr. Allison; referred without reading.
By Mr. Milligan; referred to the committee on roads.
By Mr. Montgomery; of -- Lucas on the subject of his salary; referred.
By Mr. Coffin; referred to a select committee, without reading.
Reports from Standing Committees.
By Mr. Henry, from the Judiciary committee, of a bill to vest the title of real estate to the heirs of purchasers who die intestate; concurred in.
By Mr. Winchell, from the Judiciary committee, of a bill requiring pedlers to take out license before merchandising; adopted.
By Mr. Murphy, from the committee on enrolled bills: adopted.
Resolutions Introduced.
By Mr. Milligan, on the subject of exempting from payment of taxes for the school fund those who derive no benefit from the same; adopted.
By Mr. Berry of F. that the Librarian be directed not to erect a railing on the east side of the Senate chamber; not adopted.
By Mr. Robinson, as to giving Justices of the Peace jurisdiction in criminal cases; adopted.
By Mr. Waters, that Volunteers in the Mexican war shall be exempted from poll tax; adopted.
By Mr. Stockwell, on the subject of requiring those having the care of Seminary funds to pay costs in certain cases; adopted.
Joint Resolutions.
By Mr. Holloway, on the subject of selling spirituous liquors to Indians; adopted.
By Mr. Osborn, on the subject of improving the Harbor at Michigan city, for the improvement of the Ohio and Mississippi rivers, and for the completion of the National Road; passed to a second reading.
By Mr. Winchell, on the causes of the present Mexican war.
Mr. Edmonston moved that the Senate reject said resolution; withdrawn.
Bills Presented.
By Mr. Holloway, amending an act for the incorporation of the Richmond Turnpike Company; referred to the committee on Corporations.
By Mr. Robinson, a bill repealing an act therein named.
By Mr. Millikin, a bill in relation to the appointment of guardians in Dearborn county; referred to the committee on the judiciary, with instructions to make its provisions general.
By Mr. Coats, of a bill extending the time of holding Probate Courts in Fountain county; passed.
Bills Passed.
A bill in relation to Brokers.
A bill for the relief of James Roberts.
A bill for the relief of Martha J. Thompson.
A bill relative to costs.
A bill relative to the assignment of dower.
A bill to vacate offices when officers become insane.
A bill to incorporate a Public Seminary in the town of Moore, in the county of Dearborn.
On motion, bill No. 71 was taken up, relative to the execution laws now in force in this State.
Mr. Handy moved to lay the bill on the table; affirmed.
The Senate then adjourned.
AFTERNOON SESSION.
On motion, bill No. 83, relative to the execution laws of the State was taken from the table.
Mr. Parks moved an amendment.
Mr. Murphy moved the previous question.
A call of the Senate was ordered, and all further call was suspended, and the bill and amendment was referred to the Judiciary committee. And on motion that the Senate proceed with closed doors, to consider the communication of the Executive, nominating the Hon. Samuel E. Perkins, as one of the Judges of the Supreme Court of the State.
Upon the re-opening of the doors, the following resolution was offered:
"That the Senate do hereby advise and consent to the nomination of Samuel E. Perkins, as one of the Judges of the Supreme Court of the State of Indiana;" adopted.
Bills Passed.
A bill amending an act for the incorporation of the Michigan Road Company; passed.
Leave was granted to Mr. Ellis to introduce a resolution requiring the committee on the State Bank to investigate the statement made by the President of the State Bank in reference to certain persons therein mentioned, and to have leave to send for persons and papers.
Before action was had upon its adoption the Senate adjourned.
HOUSE OF REPRESENTATIVES.
Wednesday, Dec. 30, 1846.
The House met.
Petitions Presented.
The Speaker laid before the House, the petition of J. M. Ray, to provide for the punishment of merchants' clerks for embezzlement; laid on the table.
By Mr. Huffstetter, from M. Sanders and others, in relation to the school laws.
By Mr. Arnold, for the incorporation of the Columbus Bridge Company.
By Mr. Dowling, to locate a State road in Vigo county.
Also, to change the name of Newmarket, to Mackport.
By Mr. Parker, referred without reading.
By Mr. Griffis, against licensing the retailing of liquor.
By Mr. Harlan, from citizens of Grant county, against any part of their county being attached to Blackford county.
By Mr. Meredith, to divorce James Griggins from his wife; laid on the table.
On motion of Mr. Shields, the bill for the relief of David Burr was taken from the table and referred to a select committee, consisting of Messrs. Shields, Dunham and Hendricks.
By Mr. Dunham, from citizens of Washington county, on the subject of confining voters to their own township; laid on the table.
By Mr. Fuller, referred without reading.
By Mr. Stewart, referred without reading.
Reports from Standing Committees.
Mr. Secrest, from the committee on Ways and Means, against the expediency of repealing the law requiring the revenue to be paid in such funds as they are received; concurred in.
Mr. Carr of L. from the same committee, reported back the bill amending the Revised Statutes, to change the term real estate, to that of taxable property, in certain sections, and recommended its indefinite postponement; concurred in.
Mr. Palmer, from the Judiciary, a bill in relation to selling canal scrip; read the first time.
Mr. Sleeth, from the same, reported back the bill regulating the fines justices of the peace are authorized to collect, and recommended its indefinite postponement; concurred in.
Mr. Julian, from the same, reported it inexpedient to authorize females to prosecute suits for divorce free of charge, and to require attorneys to advocate such divorces; concurred in.
Mr. Porter, from the same, against the expediency of allowing suits to be instituted against agents of corporations without the State; concurred in.
Mr. Sleeth, from the same, a bill in relation to granting letters of guardianship; read the first time.
Mr. Hunt, from the committee on education, reported on the subject of the resolution in relation to superintendent of common schools. That the Treasurer of State was required to perform the duties contemplated by the superintendent, That the amount necessary to compensate such officer, &c., could be better expended.
On motion of Mr. Meredith, it was recommitted, with instructions to report a bill.
Also, against the expediency of appropriating the school funds different from the present; concurred in.
Mr. Thomas, from the committee on Roads, a bill compelling non-residents to pay a tax equal to that of residents; read the first time.
Mr. Brown, from the same, on the same subject.
Mr. Porter, from the committee on corporations, a bill vacating certain streets and alleys in Cambridge City; read the first time.
Mr. Cassatt, from the same, a bill incorporating Asbury's Collegiate Institute; read the first time.
First Time,
Mr. Mason, for the relief of William Toggett and securities.
Mr. Deam, to legalize the proceedings of the county Board of Adams county,
Mr. Powell, in relation to recording letters of guardianship.
Mr. Meredith, to amend the school law,
Mr. Huffstetter, for the relief of purchasers of saline lands in Orange county.
Mr. Hall of W., for the relief of E. F. Lucas.
Mr. Thompson, a bill defining the duties of clerks of Probate courts.
[The bill reduces the fees of clerks of Probate courts, and authorizes them, instead of transcribing the inventory, sale bill, &c., merely to refer to them.]
An extended and discursive debate ensued, in which the abstract principles of democracy and whiggery were amply discussed, and the patriotism and disinterestedness—the demegoguism and ad captandum tendency of the respective parties were satisfactorily exhibited, nearly one-half of the members participating.
Mr. Miller moved its indefinite postponement; negatived.
Mr. Balding introduced an amendment, which was accepted.
Some four or five unimportant amendments were offered, but rejected.
On motion of Mr. Harvey, the House adjourned, the question still pending.
AFTERNOON SESSION.
The House met.
On motion of Mr. Cravens, the bill pending when the House adjourned was taken up: numerous amendments were offered, some very witty; the ayes and noes were invariably called; a highly laudable desire was manifested to relieve the sovereign people from the onerous and unjust taxation so long imposed on them for the support of county officers. After being sufficiently amended, the whole matter was laid on the table.
Mr Stanfield, from the judiciary committee, on leave, reported back the bill amending the execution laws.
Mr. Crookshank moved that the bill be laid on the table.
Mr. Crookshank moved to take up a sealed message of the Governor; agreed to; whereupon the lobby was cleared, and the House in secret session proceeded to the consideration of the sealed communication, when it appeared to be the bill to vacate certain streets and alleys in the town of Noblesville, with the Governor's veto, the objection being that in engrossing the bill the word "recalled" was used instead of "vacate."
Mr. Secrest, on leave, reported back the bill amending the charter of the Indiana Asbury University.
Mr. Parker introduced a bill legalizing certain proceedings of the probate court of Allen county; read three several times and passed.
Mr. Hanna, on leave, introduced a bill for the relief of Thomas Ross; read three several times and passed.
Mr. Noel, to change the name of William Chill to that of William Darnell; read the first time.
Mr. Secrest, a bill to vacate certain streets in South Greencastle; read the first time.
Mr. Yaryan, to provide for the elections; read the first time.
['This bill provides that the voters of the several counties at their annual elections may elect a resident prosecuting attorney, whose compensation in full shall be a docket fee of five dollars for each conviction in the circuit court, and ten dollars for each conviction on writ of error or appeal in the Supreme Court.]
Mr. Cassatt, to provide for the election of supervisors in Wabash and Boone counties; read the first time.
Mr. Griffis, to incorporate a certain church in Randolph county; read the first time.
Mr. Arnold, to amend the act incorporating the town of Columbus; read the first time.
Mr. Julian, to incorporate the ancient order of Eclampeis Vitus; read the first time.
Mr. Trimble, in relation to county Treasurers; read the first time.
Mr. Meredith, to amend the Cambridge City charter.
Mr. Suit, for the relief of Joseph Jackson; rejected.
The House then adjourned.
SENATE.
Thursday, December 31, 1846
The Senate met.
Petitions were presented by Messrs. Milliken, Miller, Berry of M., Milligan, Edmonston, and Barbour; all of which were severally referred, without reading.
The President, by consent of the Senate, added Mr. Barbour to the following standing committees: on corporations: on the judiciary: on federal relations: and on the State Bank.
Reports from Standing Committees.
By Mr. Read, from the committee on federal relations, concurring in the remarks of his Excellency, the Governor, in his annual message, upon the subject of the Mexican war.
A motion was then made to lay the report on the table and 2,000 copies be printed.
A division of the question was called, and the report was laid on the table.
The question then recurring on the printing, after some discussion the motion to print was withdrawn, and the Senate adjourned.
AFTERNOON SESSION.
Leave was granted, on motion of Mr. Coats, to Iora tio B. Smith to withdraw certain papers from the State Library.
Mr. Davis inquired if there was no rule prohibiting smoking in the Senate Chamber or the Lobby.
It was thought by the President that the suggestion of Mr. Davis upon the practice would be sufficient to prevent repetition of it.
Mr. Orth moved a call of the Senate; which was ordered, and the absentees sent for.
The Senate then went into the consideration of the bill upon calling a convention to revise the constitution.
Mr. Orth remarked, that in order to give time to senators to examine the measure in all its details, he would move to postpone the consideration of the bill until Monday next.
Mr. Read was opposed to the delay.
Mr. Barbour said he was in favor of a convention, but not being acquainted with the provisions of the bill, that he might have opportunity of examining it, he should vote for its postponement.
The ayes and noes being called, ayes 28, noes 21.
Leave was granted to Mr. Orth to make a report from the judiciary committee, recommending the indefinite postponement of a bill of the House of Representatives, explanatory of an act therein named; not concurred in; so the bill passed to a second reading.
Mr. Henry moved to take from the table the report of the trustees of the blind asylum; so ordered. and referred to the committee on benevolent institutions of the State.
Reports from Select Committees.
By Mr. Handy, amending an act authorizing the removal of obstructions in certain creeks.
By Mr. Verbrike, of a bill locating a State road therein named; passed.
By Mr. Winchell, of a bill abolishing the office of justice of the peace in Yorktown, Delaware county.
By Mr. Milliken, vacating a certain road therein named.
Resolutions Introduced.
By Mr. Milligan, as to amending the present capias law, giving a right to issue a capias ad respondendum upon affidavit, in certain cases; adopted.
By Mr. Marsh, that the committee on the Butler bill be allowed to employ a clerk; adopted.
By Mr. Morgan, to proceed next Saturday to the election of State printer.
Mr. Edmonston moved to lay said resolution on the table: so ordered.
By Mr. Clements, that the Senate shall not suffer the introduction of any report, bill or resolution relative to national matters; moved to lay on the table: so ordered.
Joint Resolutions.
By Mr. Stockwell, on the subject of improving the mail route from the Wabash valley to New Orleans; passed.
Bills Introduced.
By Mr. Edmonston, for the relief of the Prosecuting Attorney of the 4th judicial circuit; referred to the committee on claims.
By Mr. Parks, repealing an act incorporating the Morgan county seminary; passed to a second reading.
By Mr. Osborn, a bill repealing an act enabling supervisors to keep open highways; passed to a second reading.
By Mr. Goodenow, a bill relative to a settlement made by the Agent of State; referred to the committee on claims.
By Mr. Montgomery, of a bill amending the 5th section of an act regulating the fees of certain officers therein named; passed to a second reading.
By Mr. Conner, changing the name of the town of Canton, in Tipton county; passed to a second reading.
By Mr. Handy, to increase the common school fund; passed to a second reading.
By Mr. Montgomery, of a bill amending the 5th article of the Revised Statutes of 1843; referred to the judiciary committee.
Leave was granted to Mr. Winchell to introduce a petition; which was referred without reading to a select committee.
Orders of the Day,
A joint resolution on the subject of pre-emption on the Miami Reservation in the State of Indiana; passed.
A bill for the improvement of highways in the county of Bartholomew; passed.
A bill regulating the mode of doing county business in the county of Harrison; passed.
A bill authorizing the State Bank to lay off a plat of certain lots near South Bend; passed.
A bill amending an act incorporating Lawrenceburgh, in the county of Dearborn, and Madison, in Jefferson county; passed.
Mr. Osborn gave notice that, on to-morrow, he would offer an amendment to the rules of the Senate, to the effect that at 2 o'clock each day, the orders of the day should be acted upon.
A bill settling the debt of the Wabash Manual Labor and Teachers' Institute, to the sinking fund of the State of Indiana; ayes 40, noes 10.
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
Thursday, Dec. 31, 1846.
The House met.
Petitions Presented.
By the Speaker, to form a new county from Daviess and Greene; referred to a select committee.
By Mr. Meredith, from Levy Woods and others, to incorporate minor Lodges of Odd Fellows; referred to a select committee.
Mr. Griffis, from Carey S. Goodrich, of Randolph county, to authorize the school commissioner to make a deed in a certain case; referred to a select committee.
By Mr. Noel, from W. Quarles and H. O'Neal, remonstrating against any change in the Marion circuit court; referred to a select committee.
By Mr. Dobson, from citizens of Owen, on the subject of confining voters to their own townships; referred to a select committee.
By Mr. Trimble, from 72 citizens of Muncie, to incorporate that town; referred to a select committee.
By Mr. Powell, a petition for a divorce; laid on the table.
By Mr. Miller, for the divorce of Arabella Harrison from her husband; laid on the table.
By Mr. Harlan, from Israel Phillips and others, in relation to confining voters to their respective townships; referred to a select committee.
By the Speaker, from citizens of Knox county, praying the divorce of Nancy James from her husband; laid on the table.
By Mr. Edwards, a petition for a divorce; (not read.)
Also, instructions to a committee; both laid on the table.
By Mr. Wilson, from George Meeker, praying a divorce from his wife, Mary; laid on the table.
By Mr. Scott, from the Rev. John Gillespie, of Putnam county, for a divorce from his wife; laid on the table.
Mr. Sleeth, from citizens of Shelby county, praying prohibition of retailing of spirituous liquors; referred to the Judiciary committee.
Mr Stanfield, from the committee on the Judiciary recommended the bill "authorizing deeds in certain cases to be made," to be laid on the table; concurred in.
Mr Julian, from the same, against the inexpediency and the unconstitutionality of forming a new county out of Richardville, Clinton, &c.; concurred in.
Mr Dunham, from the same, reported back the bill to amend the 48th and 49th sec. of the 2d article of the 29th chap. of the R. S. of 1843, and recommended its indefinite postponement; concurred in.
Mr Porter, from the same, reported back the bill giving extended jurisdiction to the counties adjoining the Ohio and Wabash rivers over crimes; read the second time.
By Mr Harvey, from the same, reported a bill authorizing writs of ne exeat; read the first time.
Mr Porter, from the same, reported back the bill in relation to chancery practice, recommended its passage; passed to the third reading.
Mr Julian, from the same, reported back the bill authorizing choses in action to be subjected to execution by bill in chancery; passed to the second reading.
Mr Hunt, from the committee on Education, reported against the expediency of making any change in the present law in relation to the time of making returns of the number, &c., of children in the common schools; concurred in.
Also reported a bill exempting real and personal property belonging to institutions for educational purposes; recommitted to a select committee.
Mr Meredith, from the committee on roads, a bill to locate a State road in Lawrence county; read the first time.
Mr Lewis, from the committee on Canals and Internal Improvements, reported against the petition of the Delphi storage and commission company.
Mr Hanna stated that all the facts necessary to a full examination of this subject had not been obtained in time to lay before the committee. He therefore moved that it be re-committed; agreed to.
Mr Stewart of F., from the committee on trust funds, a bill in relation to loaning school funds; read the first time.
Mr Noel, from the committee on public buildings, reported a bill authorizing the disposal of the Governor's Circle in Indianapolis; read the first time.
Reports from Select Committees.
Mr. Thompson, a bill for the relief of Thomas Wheatly and securities; read the first time.
Mr. Secrest, the bill in relation to courts in the seventh judicial circuit; passed to the third reading.
Mr. Cravens reported back the bill in relation to the fees of county officers, to whom, with the amendments, it was referred for the purpose of arranging in their appropriate places, instead of being laid on the table as reported in Wednesday's proceedings.
A brief discussion ensued, after which, the bill was ordered to be engrossed.
The House then adjourned.
AFTERNOON SESSION.
The House met.
Mr. Noel introduced a resolution directing the Principal of the Deaf and Dumb Asylum to hold an exhibition in the Hall of the House to-morrow at 2 o'clock P. M.; adopted.
Mr. Cassatt introduced a resolution resolving to meet at 8 o'clock A. M., at half past one P. M., and not adjourn before 4 P. M; not adopted.
Bills Read the third time and Passed.
To incorporate Anderson's Collegiate Institute; to change the time of holding the Probate Courts of Allen county; For the relief of John McIntire and others, of Pike; to locate a State road in Kosciusko; a joint resolution in relation to the Central Canal: a joint resolution in relation to Col. Francis Vigo; to amend the act incorporating the Indiana Asbury University; to locate a State road from Logansport to Marion, in Grant county; in relation to common school funds in Jackson county; to re-locate a State road from Greenfield to Lebanon; for the safe keeping of the records of Ohio; to locate a State road in Wells and Adams; Do. in Richardville and Carroll; to improve State road in Wells county; for the better protection of religious assemblies; to re-locate a State road in Carroll county; for the relief of James Kitchen; to locate a State road in the counties of Grant and Madison; a joint resolution in relation to the Cumberland road; a joint resolution in relation to settlers on public lands; to incorporate the Logansport and Wabash free bridge company; to legalize the election of a justice of the peace in Randolph; to transfer the duties of school commissioner in Crawford county to Auditor; to amend the act for the relief of James May; to incorporate the Trustees of the Underwood burying ground; to authorize the record of letters of guardianship; to incorporate the Kosciusko medical society of Kosciusko county; to change the name of Anna James to that of Anna Churchman: to authorize G. Johnson to build a mill dam; to authorize J. W. Elliot to build a mill dam across the Mississineway; to incorporate the Institute of Fine Arts in Bowling Green, Clay county; to authorize the Johnson Circuit Court to hold adjourned terms; for the improvement of the river Patoka, in Gibson county; the act for the further relief of volunteers in the Mexican war.
A large number of bills were read the second time and appropriately referred or were ordered to be engrossed.
The bill to elect Prosecuting Attorneys coming up on its second reading
Mr Secrest moved that it be indefinitely postponed.
Mr Holland, on leave, introduced a bill to provide for the settlement of a claim with Adam Baldwell.
Mr Secrest, on leave, introduced a resolution instructing the committee on education to inquire into the expediency of certain means therein specified for the purpose of preserving sheep from being destroyed by dogs; adopted.
The House then adjourned.
SENATE.
Friday, January 1, 1847.
The Senate met.
Petitions Presented.
By Mr. Miller, of certain citizens of Harrison county, praying the attaching of a portion of Harrison county to Crawford county; referred to a select committee.
By Mr. Coats, of certain citizens of Fountain county, praying the formation of a new county; referred to the Judiciary committee.
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By Mr. Miller, of Daniel Dayhuff; referred to a select committee.
Mr. Handy gave notice that on to-morrow he would move that an addition be made to the 53d rule of the Senate, prohibiting the smoking of cigars in the Senate Chamber and its lobbies.
Reports from Standing Committees.
By Mr. Parks, from the committee on Finance, for the relief of Anthony Bassett; concurred in.
By Mr. Rockhill, from the committee on Elections, that no cause existed to vitiate the election of the Hon. Mr. Milligan, Senator from the counties of Blackford, Randolph and Jay; concurred in.
By Mr. Parks, from the committee on Federal Relations, of the Joint Resolution on the subject of the improvement of the Harbor at Michigan City, with an amendment, striking out the enacting clause.
Mr. Osborn moved an amendment to the amendment.
A division of the question was called for.
And Mr. Osborn's amendment was adopted.
Mr. Edmonston then moved an amendment, which was adopted.
Mr. Ellis then moved an amendment.
Mr. Berry of F. moved an amendment to the amendment.
Mr. Handy then moved that the amendments lay on the table.
Mr. Ellis called for a division of the question; ordered, and the amendment of Mr. Ellis was not laid on the table.
Mr. Handy then withdrew his motion.
Mr. Berry of F.'s amendment was adopted.
Mr. Stewart then moved an amendment that White river be added to the resolution.
Mr. Stewart remarked that in this amendment he expected the support of all his Whig brethren in the Senate.
Five days since, they had introduced, and voted for, a resolution expressing the sense of the General Assembly that all streams navigated by steamboats and shipping craft were of national importance, and that all measures of national importance were subjects of appropriations by the General Government. Now White river had been navigated by steamboats to White river bridge, and now, within sixty miles of the Capital. He thought then by their own rule, they would with unanimity support his proposed amendment.
Mr. Berry of M. moved to lay on the table the amendments.
The previous question was called for, and the amendment of Mr. Ellis, with the proposed amendments was not laid on the table.
The question on the adoption of Mr. Stewart's amendment recurring, it was adopted.
Mr. Green then moved to lay the amendments on the table; carried.
Mr. Ellis moved to indefinitely postpone the amendments.
Mr. Montgomery then moved to lay on the table said motion, pending which motion,
Mr. Osborn moved that the Senate adjourn, and that the Clerk put on the Journal that it is now past twelve o'clock; not carried.
The question on laying the motion of Mr. Montgomery on the table was then taken, and not carried.
The question then recurring on the indefinite postponement of the Joint Resolution and pending amendments, it was not carried.
Mr. Stewart then moved the previous question; seconded.
The main question, on the engrossment of the Joint Resolution and its amendments then being put, it was carried by a vote of ayes 33, noes 15.
The Senate then adjourned until Saturday morning, to attend an exhibition of the Deaf and Dumb, at the Hall of the House of Representatives.
HOUSE OF REPRESENTATIVES.
FRIDAY, January 1, 1847.
The House met.
Petitions Presented.
By Mr Gilleece, from Eli Murry, for compensation for services rendered the State; referred to a select committee.
By Mr Tait, from citizens of Lafayette, to incorporate the society of Odd Fellows.
By Mr Wolf, from citizens of Sullivan county, remonstrating against a new county.
By Mr Clark, from Margaret Wade, to be empowered to withdraw her stock from the Lagrange Phalanx.
By Mr Dole, from Edward James, to protect religious assemblies; laid on the table.
Mr Crookshank, on leave, introduced a resolution authorizing the joint committee on the State Debt bill to employ a clerk when necessary; adopted.
Reports from Standing Committees.
Mr Moore, from the committee on education, reported a bill to provide for a superintendent of common schools; read a first time.
Mr Nofsinger, from the same committee, reported back the bill for the relief of Dempsey Linton, of Randolph county; passed to a third reading.
Mr Hunt, from the same committee, that it was inexpedient to grant appeals from the decision of district trustees to the county board, in the formation of school districts.
Mr Dunham moved that the report be laid on the table; agreed to.
Reports from Select Committees.
Mr Secrest reported a bill to vacate certain streets and alleys in Greencastle; read a first time.
Mr Shields reported back the bill for the relief of David Burr.
Mr Hamilton reported a bill to change the name of Eliza Ann Camden to Eliza Ann Sidwell.
Mr Miller reported a joint resolution memorializing Congress to give a grant of lands lying in the Vincennes land district, Gibson county, for the purpose of making a road leading from Owensville, in said county, to the mouth of the Patoka, near Mount Carmel, Illinois.
Mr Monk reported against legislating on a petition in relation to a change in Crawford county.
Mr Shields, to authorize the election of an additional justice of the peace in Jackson county.
Mr Colms reported back the bill providing for the election of prosecuting attorneys in each county.
Mr Arnold reported a bill to incorporate the Columbus Bridge Company.
Mr Thompson reported amendments to the bill granting divorces.
[Authorizes females to prosecute suits for divorces free of cost, and requires prosecuting attorneys to assist in obtaining them, instead of resisting.
Also, a bill in relation to suits brought by physicians.
[Bill gives the defendant, when sued by a physician, the right of pleading in defence, that the physician was intoxicated or incapable when the service was performed.
Mr Moore reported a bill to fix the time of holding probate courts in Marion county.
Mr Dunham reported back the bill in relation to a convention to revise the constitution of the State, with several amendments.
Mr Dowling, from the minority, presented a counter report.
Mr Palmer also introduced a counter report.
Mr Carr of L. moved that the bill, &c. be laid on the table and made the special order of the day for Monday next.
Resolutions Introduced.
By Mr Parker, that a select committee of five be appointed to inquire into the present condition of the three per cent. fund; adopted.
By Mr Brown, instructing the committee on roads to inquire into the expediency of enacting a law making it the duty of the board doing county business in this State, in certain cases to levy a tax on districts and parts of districts, for the purpose of building and repairing bridges not situated in such districts; adopted.
Mr Stanfield introduced a joint resolution on the subject of the St. Josephs river; read a first time.
By Mr Lemmonds, a joint resolution in relation to selecting seats in the Hall and Senate Chamber.
[The joint resolution provides that they shall be obtained by lot.]
Mr Miller introduced the following joint resolution:
Whereas, The Mexican Government, by armed troops, did, on the twenty-ninth day of April last, near the city of Matamoras, cross over the Rio Grande, into the territory of the United States, and there kill certain American citizens, and menace the lives of many more, thereby commencing a most unjust war against the said United States, for which, and other reasons, the Congress of the United States did justly and patriotically recognize the existence of said war with the government of Mexico: Therefore,
Be it resolved, That the General Assembly of the State of Indiana fully approves of the recognition of said war with the Government of Mexico, on the thirteenth of May last, by Congress, and that the efficient manner in which this war has been carried on by the Executive, our gallant officers and brave soldiers, fully meets our approbation.
And be it further resolved, That our Senators in Congress be instructed and our Representatives requested to use their influence to continue a vigorous prosecution of the war, until an honorable peace is fully ratified, and to vote for all necessary appropriations for the same.
Be it Further resolved, That His Excellency the Governor be requested to forward by mail copies of this joint resolution to the President of the United States, and each of our Senators and Representatives in Congress.
Mr Moore moved to indefinitely postpone the joint resolution,
Which motion, after some debate, was withdrawn by him.
When the resolution passed to a second reading.
Bills introduced and read a first time.
By Mr. Stanfield, to secure the rights of stockholders in incorporated companies,
By Mr Jenison, to incorporate the White River Bridge Company.
By Mr Hall of W., for the protection of Farmers.
[The bill relates to marking stock, to prevent their being taken away by drovers.]
By Mr Lutz, to vacate certain streets and alleys in the town of Noblesville; read three several times, and passed.
By Mr Miller, to suspend an act for the opening and repair ing highways:
By Mr Stanfield to afford a more efficient remedy in actions of trespass.
By Mr Secrest, to amend the act in relation to county officers.
[Relates to county treasurers, &c. issuing fee bills in favor of predecessors.]
By Mr Stanfield, to amend the provisions of the Revised Statutes in relation to granting an injunction in vacation.
By Mr. Suit, in relation to the mode of publishing the delinquent list in Clinton county.
By Mr Huff, to amend the Revised Statutes in relation to the persons to be selected for appraisers of the estates of decedents.
By Mr Hatfield, to incorporate the Greenfield and Shelbyville Railroad Company.
By Mr Nofsinger, for the improvement of common schools.
By Mr Stanfield, to amend the act regulating proceedings under the writs of ad quod damnum.
By Mr Clark, in relation to roads and highways in Lagrange county; read twice, and referred to the committee on roads.
Also, to extend the jurisdiction of justices of the peace in Lagrange county; read twice, and referred to a select committee.
By Mr Porter, to legalize the acts of the school commissioner in Harrison county.
By Mr. Arnold, in relation to the county auditor of Bartholomew.
By Mr Trimble, dispensing with bailiffs to grand jurors.
Messages of the Senate were taken up and disposed of.
The House adjourned.
AFTERNOON SESSION.
The House met.
Mr Secrest presented a memorial of the trustees of the Indiana Asbury University, praying a loan.
The bill in relation to the pilots at the falls of the Ohio river being on its second reading,
Mr Tait moved to amend the bill by increasing the number from one to two.
Mr Ferguson moved to indefinitely postpone the bill and amendments.
Considerable discussion arose, in which Messrs Ferguson, Shields, Tait, and Carr of L. participated.
Mr Tait's amendment was then adopted; when the bill passed to a third reading.
Mr Hostetter, on leave, presented a memorial from the trustees of the Wabash College.
On motion of Mr Secrest, the bill to provide for the further erection of the insane asylum was referred to the committee on benevolent institutions.
Mr Noel was added to that committee.
Mr Shields introduced a resolution tendering the use of the Hall to Mr H. F. West to deliver a lecture on common schools.
Mr Thompson introduced a bill for the relief of L. Q. Debruler, of Dubois county.
On motion, the House adjourned.
LIST OF LETTERS REMAINING in the Post Office at Indianapolis, Indiana, on January 1, 1847.
Persons calling for these letters will please to say ADVERTISED.
The inland postage on all letters or papers for Foreign Countries must be pre-paid, otherwise they cannot be forwarded.
Handerty W tawi W Rall Hiaths Miss Eliza Kischy John beth Reene Miss Hull W Hobinsom Noah Huse Amttor fitchisom Will. Thume Miss Martha Hrr Mr M ittariirk Miss Amap Ruuanci Har spstPuz Thom: 'Hareesty Bedson Bad Danid Jis94 2R ,Hiilon W W IBuky K ttupkins George R Koady Mary X Liexdy Thomas Retuags Wer iHarryman John W Itomna
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Domestic News Details
Primary Location
Indianapolis, Indiana
Event Date
December 29, 1846 January 1, 1847
Key Persons
Outcome
james switzer elected state bank director to replace jas. p. drake; samuel e. perkins confirmed as supreme court judge; numerous bills passed on judiciary, education, roads, incorporations, divorces; resolutions adopted on mexican war support, infrastructure improvements, and procedural matters.
Event Details
The Indiana Senate and House of Representatives held sessions over four days, processing petitions from citizens on county boundaries, roads, divorces, and schools; committee reports on judiciary, education, and finance bills; introductions and passages of legislation on brokers, executions, school funds, railroads, and constitutional convention; election of bank director in closed sessions; debates on garnishee writs, voter restrictions, and Mexican War resolutions; adjournments and referrals to committees.