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Indianapolis, Marion County, Indiana
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Detailed reports on Indiana State Legislature proceedings from January 23 to 30, 1851, including Senate and House sessions. Covers debates on railroad bills, passage of incorporation acts for roads, plank roads, insurance companies, and other local measures; amendments, referrals, and procedural votes.
Merged-components note: Merged sequential components with continuous text flow reporting on multiple sessions of the Indiana Legislature (Senate and House) across Tuesday, Wednesday, and Thursday
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SENATE.
REPORTED FOR THE STATE SENTINEL BY T. D. BROWN.
Tuesday, Jan. 23, 1851.
Senate assembled.
The Chair laid before the Senate, a communication from the Auditor of State containing his reasons for not auditing the accounts of Austin H. Brown, printer to the Convention.
Mr. Evans moved to lay the communication on the table and have 1000 copies printed. Lost.
The communication was referred to the select committee on that subject.
Petitions were presented by Mr. Millikin, which were referred appropriately.
Bills were reported back by Messrs. Dunn, Buckles and Cravens.
The bill extending the "Law Merchant," to all promissory notes, was reported back by Mr. Buckles, who moved to lay it on the table. Carried-ayes 33, noes 12.
Mr. Eddy reported it inexpedient to legislate in relation to the relief of certain land owners in the corporate limits of the town of Rising Sun. Concurred in.
The bill to amend the charter of the Rushville and Muncietown Rail Road company was reported back by Mr. Cravens with a recommendation to refer the bill to the committee on the Judiciary.
The question was warmly discussed for some time.
Mr. Sleeth opposed the recommendation and favored the bill. Mr. Logan opposed it.
No action was taken.
On motion the Senate resolved itself into committee of the whole to consider the bill in relation to the Northern Indiana railroed.
Mr. Millikin moved to amend by prohibiting the Company from connecting with any road west of Michigan City, &c., until the State of Illinois shall grant the right of way through that State, to certain companies of this State.
This amendment was fully discussed by Messrs. Millikin, Ellis, Montgomery, Marshall, Dunn, Eddy, and McCarty.
Mr. Eddy moved to lay the amendment on the table. Carried.
Mr. Dunn moved to amend by providing for instituting proceedings against the Western Division of the Buffalo and Mississippi railroad company to ascertain whether their charter has not been forfeited by conveying its rights, privileges and franchises to the Southern Michigan rail road company &c.
This proposition to amend was argued by Messrs. Buckles, Dunn and Eddy.
Mr. Eddy moved to lay the bill on the table. Before any action was taken, the committee rose, reported progress, and asked leave to sit again, which report was received and leave to sit again, granted.
The Chair laid before the Senate an invitation from the superintendent of the Asylum for the Deaf and Dumb requesting the Senate to attend an exhibition of the pupils at Masonic Hall to-morrow evening.
Senate adjourned.
AFTERNOON SESSION.
BILLS PASSED
To incorporate the Plymouth and Goshen Plank road company.
To incorporate the Commercial rail road company.
To incorporate the Newtrenton and Southgate bridge and road company.
To amend the act incorporating the Brookville and Connersville Turnpike company.
To re-locate a State road in De Kalb county.
To incorporate a gas light company in the city of Madison.
To revive and amend the Connersville and Brownsville Turnpike company.
To amend the charter of the Wayne county Turnpike company.
To incorporate the Anderson, Alexandria and Jonesborough Plank road company.
To incorporate the Indiana Fire and Marine Insurance company. Laid on the table for the present.
Declaring certain laws in force in the counties of De Kalb, Noble and Steuben.
Declaring a part of Poison creek in Perry county, to be a public highway.
House bill to incorporate the Laporte male and female seminary.
House bill fixing the salary of the Auditor of the county of Owen.
House bill to amend the charter of the Greensburgh and Brookville Turnpike company.
House bill to amend the charter of the Madison county Hydraulic Manufacturing company.
House bill to vacate a part of a State road from Harrison to Indianapolis.
House bill relative to recording deeds in Laporte county.
House bill to amend chapter 7, Article 1, Sec. 2, of the Revised code. Referred to the committee on the Judiciary, with instructions.
House bill declaring a certain county road therein named a State road.
House bill to authorize the assessment and collection of a specific road tax in the county of Marshall.
House bill to incorporate the town of Moore in Bartholomew county.
Mr. Marshall moved to take from the table the bill in relation to the Madison Insurance company. Carried.
On motion of Mr. Marshall, all the pending amendments were laid on the table.
Mr. Marshall moved to strike out the second section, which relates to the payment of notes as regulated by the Law Merchant. Carried.
The bill was then engrossed for a third reading.
Mr. Harvey reported a bill to incorporate the Bellville branch rail road company.
On motion of Mr. Harvey the rules were suspended and the bill passed.
Mr. Buckles reported back a bill to amend sections 34 and 55, Article 5 of the Revised Statutes of 1843, so far as relates to Miami county. On motion of Mr. Buckles the rules were suspended and the bill passed.
Mr. Hanna reported a bill declaring Flat creek in Pike and Dubois counties to be a public highway. Rules suspended and the bill passed.
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
REPORTED FOR THE STATE SENTINEL BY J. T. BOSWORTH.
Tuesday, Jan. 28, 1851.
On motion by Mr. Walls, Senate bill to legalize the proceedings of the Rockport and Gentryville Plank road Company. Passed.
The bill to incorporate the Cincinnati and Indianapolis Railroad Company, being the special order of the day for this morning at nine o'clock, came up on its second reading.
After a debate of some length, in which Messrs. Chapman, Ross and Brown of Shelby participated, the bill was indefinitely postponed-ayes 61, noes 24.
The House adjourned.
AFTERNOON SESSION.
BILLS READ THIRD TIME
Prohibiting the sale of intoxicating liquors in the town of Columbus, Bartholomew county, in less quantities than one barrel. Passed-ayes 56, noes 33.
Mr. Chapman introduced a bill to incorporate the Good Will Fire Company in North Madison. Passed.
Mr. Humphreys introduced a bill to authorize a special session of the Greene circuit court, for the purpose of trying Hiram Bland for murder. Passed.
Mr. Donaldson, from the committee on Corporations, reported a bill to amend the charter of the central Plank road Company.
Mr. Bird, from the select committee, reported it inexpedient to legislate on the subject of authorizing deeds for less than eighty acres of canal lands. Concurred in.
Mr. Lewis, from the committee on education, reported it inexpedient to compile and consolidate the various school laws in this State. Concurred in.
To repeal a certain act, so far as relates to Grant county. Passed.
Authorizing the levying a tax to build a school house in a township in Carroll county. Passed.
Relative to the jurisdiction of justices of the peace in Lawrence county. Passed.
To annex the town of Belloville, in the county of Posey, to the town of Mount Vernon. Passed.
Defining the boundaries of Laporte, Porter, and Lake counties. Passed.
To repeal part of the thirty-first section of the act to extend and increase the benefits of common schools. Passed.
To locate a State road in Allen county. Passed.
To amend the act to compel speculators to pay a tax equal to that of actual settlers in Lagrange county. Passed.
To provide for the sale of a school section in White county. Passed.
To amend the act incorporating the town of Newburg, in Bartholomew county. Passed.
To incorporate the town of Plymouth. Passed.
To amend the act to increase and extend the benefits of common schools, relative to the election of Trustees. Passed.
To authorize Riley Sexton to take a change of venue. Passed.
To repeal an act relative to the Auditor and Treasurer of Elkhart county. Passed.
To locate a State road in Cass and Howard counties. Passed.
A joint resolution relative to lands for school purposes. Passed.
To amend the Revised Statutes of 1843, relative to the sale of certain property by county treasurers. Passed.
To amend an act relative to the per diem allowance for work done on public highways in Adams county. Passed.
To legalize the acts of the Mount Carmel and New Albany Railroad Company. Passed.
Establishing additional places of holding election in Clarke county. Passed.
To change the name of Nicholsonville. Passed.
To exempt from taxation the Marine Hospital of Evansville. Passed.
To amend the act authorizing the Jeffersonville Railroad Company to issue and sell bonds. Passed.
To incorporate the Central Plankroad Company, of Vanderburgh county. Passed.
To amend the Revised Statutes relative to the percentage of deputy treasurers. Passed.
To amend the act to incorporate the Logansport and Wabash Bridge Company. Passed.
Authorizing the boards of commissioners of Pike and Gibson counties to employ physicians for paupers. Passed.
To incorporate the Connersville and Milton Turnpike Company. Passed.
To incorporate the Sparta and Versailles Turnpike Company. Passed.
To re-organize the Evansville Insurance Company. Passed.
Relative to supervisors of roads and highways in Jackson county. Passed.
To change the time of holding the next February term of the Hamilton Probate court. Passed.
BILLS INTRODUCED.
By Mr. Thompson of Delaware, to extend the powers of the board of commissioners of Delaware county.
By Mr. Jackson, to amend the act regulating the time of holding the probate court in Tipton county.
By Mr. Lewis, to incorporate the Newburg and Vanderburgh Railroad Company. Referred.
By Mr. Harrison, to incorporate the Kankakee Bridge Company. Referred.
By Mr. Shook, from the committee on temperance, to amend the act authorizing the several townships to prohibit the traffic in intoxicating liquors.
By Mr. Pratt, to authorize the commissioners of Howard county to cause a record of a certain State road to be made. Passed.
By Mr. Bird, to amend the act incorporating the town of Fort Wayne.
By Mr. Humphreys, defining the duties of the Governor in certain cases.
By Mr. Coburn, to incorporate the Central Michigan Plankroad Company. Engrossed.
By Mr. Williamson, relative to the streets and alleys in the town of Burlington, Clay county.
By Mr. Shull, to establish a free turnpike road.
By Mr. Chapman, to incorporate the Madison Medical Society. Engrossed.
By Mr. Bradley, for the relief of the heirs of Joseph Franklin, late of Floyd county. Engrossed.
By Mr. Thompson of Carroll, relative to the jurisdiction of justices of the peace in certain criminal cases in Carroll county.
By Mr. Bradley, limiting the jurisdiction of the town of South Bend, in St. Joseph county.
By Mr. Lewis, to allow pay to the county surveyor of Warrick county for surveying swamp lands.
By Mr. Coburn, to incorporate the Indianapolis Gas Light and Coke Company.
By Mr. Marvin, to change a portion of a State road in Boone and Hamilton counties. Engrossed.
By Mr. Thompson of Carroll, for the improvement of highways in Carroll and Delaware counties.
By Mr. Chapman, confirming the sale of the Georgia lands by the Governor to Martin R. Green.
By Mr. Edwards, for the relief of the Richmond and Terre Haute Railroad Company, and the Central Railroad Company.
The Speaker laid before the House a communication from Mr. Hathaway, on the subject of the swamp lands in Pulaski and Starke counties.
The House adjourned.
SENATE
Wednesday, Jan. 29, 1851.
The Senate assembled.
The bill to amend the charter of the Rushville and Muncletown railroad company came up.
Mr. Reid moved to reconsider the vote on engrossment which was argued by Messrs. Reid, Logan, Buckles, Sleeth and Ellis. Before any action was taken the Senate went into committee of the whole on the bill relative to the Northern Indiana railroad company.
The question was on the amendment proposed by Mr. Dunn, on yesterday. The question was discussed at length by Messrs. Logan, Dawson, Winstandley, Eddy, Dunn and Buckles.
On motion of Mr. Buckles the committee rose and asked to be discharged from the further consideration of the subject. Concurred in.
Mr. Eddy moved to lay Mr. Dunn's amendment on the table-carried, ayes 24, noes 16.
Mr. Logan moved to amend so as not to limit or impair the right of any company which has or may have the right of way around the Lake.
Mr. Dunn moved to lay the amendment on the table. Lost.
The question was on the adoption of the amendment proposed by Mr. Logan, but before any action was taken, the Senate adjourned.
AFTERNOON SESSION.
Senate assembled.
The appropriation bill was taken up.
After several unsuccessful motions to amend or commit on motion of Mr. Hardin the bill was laid on the table.
BILLS PASSED.
A bill to amend the charter of the Bedford Insurance company.
A bill to amend the charter of the Madison Insurance company.
A bill in relation to the commission and punishment of crime.
A bill to incorporate the Evansville Hotel company.
A bill to amend the charter of the Lafayette plank road company.
A bill authorizing the Western plank road company to issue and sell bonds.
A bill to prevent the consolidation of indictments in certain cases in Dearborn county.
A bill to fix a tax on the Lafayette Museum.
House bill to amend an act relative to leveeing the Wabash river on Shaker prairies.
House bill to legalize certain acts of the Henry county Turnpike company.
House bill to extend the provisions of an act therein named to a school district in the county of Fayette.
House bill for the relief of George Coit.
House bill authorizing John Henry to build a mill dam across the Salamonia river.
A bill to amend the charter of the Rushville and Muncietown Railroad company came up.
Mr. Reid moved to re-consider the vote on the engrossment of the bill. Lost-ayes 10, noes 31.
On motion of Mr. Eddy the bill authorizing Cyrus Taber and Allen Hamilton to construct a dam across the Wabash river, in Cass county, was taken from the table and referred to a select committee.
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
Wednesday, January 29, 1851.
The bill for the more equitable assessment of property &c., being the special order for this morning at nine o'clock, the House proceeded to its consideration.
Mr. Williamson moved to amend by providing for township instead of county assessors. Lost-ayes 48, noes 48.
Mr. Chapman moved to strike out the list enumerating household property, &c., to be sworn to. Lost-ayes 18, noes 73.
Mr. Graff moved to amend by not requiring real estate to be sworn to.
On motion by Mr. Dumont, the bill and pending amendment was laid on the table.
Mr. Dumont introduced a resolution that the committee on the State Bank inquire whether the individual stock of the State Bank is required to pay the same rates of taxes for county and township purposes as is required to be paid by other property, and report what legislation is necessary. Adopted.
The House adjourned.
AFTERNOON SESSION.
Mr. Dumont introduced a bill to amend the act relating to certain officers in Dearborn county.
Also, a bill granting further powers to the township of Lawrenceburgh, in Dearborn county.
Mr. Jordan reported a bill to prohibit the sale of intoxicating liquors in the town of Middleton, in Henry county.
Mr. Pratt introduced a joint resolution requiring the Treasurer of State to pay to the Michigan Road Company certain monies.
On motion by Mr. Franklin, the assessment bill was taken from the table.
Mr. Franklin moved to amend the amendment pending at the adjournment so that persons shall not be compelled to swear to personal property.
A call of the House was had, and the absentees sent for.
Mr. Willard moved to lay Mr. Franklin's amendment on the table. Carried-ayes 51, noes 44.
Mr. Chapman moved to amend the amendment by striking out the entire fifteenth section (providing that the value of real estate and personal property shall be sworn to.) Lost-ayes 33, noes 63.
The question then recurred on Mr. Graff's motion, pending at the adjournment, that owners shall not be required to swear to the value of real estate. Carried-ayes 52, noes 43.
Mr. Williamson moved to amend by striking out personal property:
Carried-ayes 62, noes 43.
Mr. Duggan moved a re-consideration of the vote striking out the clause requiring the value of personal property to be sworn to; pending which,
The House adjourned.
SENATE.
Thursday, Jan. 30, 1851.
Senate assembled.
Bill to consolidate and publish in one act, the several acts to incorporate the city of Lawrenceburg, was read three times and passed.
The bill defining the duties of the Auditor and Treasurer of the counties of DeKalb and Noble and for other purposes, was read a third time and passed.
Mr. Goodman reported it inexpedient to legislate on House bill declaring Halls Creek in Dubois county to be a public highway. The bill was laid on the table.
Mr. Brugh reported in favor of referring the bill to amend the several acts in regard to lands mortgaged to the different trust funds to the Judiciary committee.
Mr. Graham reported back a bill relative to plank roads with amendments, which were concurred in, and the bill passed.
Mr. Allen reported back the bill to amend the charter of the Crawfordsville and Wabash Railroad company.
On motion of Mr. Allen the rules were suspended and the bill passed.
Mr. Allen reported back the bill to incorporate the Pittsburg and Crawfordsville plank road company, and moved to have the rules suspended, which motion prevailed and the bill passed.
Mr. Knowlton reported back the bill to amend the charter of the Mooreshill and Aurora Turnpike company.
On motion of Mr. Knowlton, the rules were suspended and the bill passed.
Mr. Garver reported back a bill for the relief of the Lessee of the State Prison, with an amendment, which exempts the Lessee from paying rents for the space of four months which was concurred in and the bill engrossed.
BILLS INTRODUCED,
By Mr. Garver a bill to amend an act to locate the State road therein named.
On motion of Mr. Garver the rules were suspended, the bill read three times and passed.
By Mr. Marshall, a bill to amend the charter of the Madison and Brownstown Turnpike company.
On motion of Mr. Marshall, the rules were suspended and the bill passed.
By Mr. Ellis, a bill authorizing a subscription for the Indiana Gazetteer. Referred.
By Mr. James, a bill for the benefit of the Mt. Vernon and New Harmony plank road company. Referred.
By Mr. Winstandley, a bill to appropriate money to the Government of Liberia, for the purpose of purchasing territory in Africa, for the purpose of colonizing the colored people of Indiana. Referred.
By Mr. Sleeth, a bill to amend Sections 148 and 149, Chapter 5, Article 13, of the Revised Statutes of 1843.
By Mr. Brugh, a bill to change the name of Levi Gear.
On motion of Mr. Brugh, the rules were suspended, and bill passed.
By Mr. Sleeth, a bill to amend an act, entitled an act, to amend Chapter 15 of the Revised Statutes so far as relates to the county of Shelby. Also, a bill to amend Article 5, Chapter 48, of the Revised Statutes of 1843. Referred.
By Mr. Harvey, a bill to incorporate the Danville and White Lick Plank road company.
On motion of Mr. Harvey, the rules were suspended, and the bill passed.
By Mr. English, a bill for the relief of Hezekiah A. Sutton of Jackson county. Rules suspended, and the bill passed.
By Mr. Graham, a bill to amend the law of evidence. Referred.
Mr. Hardin reported back a bill in relation to an amendment of the school law in Vigo county. Read three times and passed.
BILLS PASSED.
Bill to amend the charter of the Rushville and Muncietown R. R. company.
Bill to amend sec. 2, of an act to amend the laws relating to execution of deeds by order of the Probate Courts.
Bill to prevent Clerks and Sheriffs from purchasing judgements in the courts where they officiate.
Bill to locate a State road from Doverhill in Martin county, to Bloomington, in Monroe county.
Bill for the relief of Barbara Elder of Union county.
Bill to repeal an act therein named.
House bill requiring the Secretary of State to issue a patent to Daniel K. Smith, for a tract of land therein named.
House bill to amend Sections 302, 303, and 304, Article 13, Chapter 47, &c., of the Revised Statutes of 1843.
House bill relative to the practice of law.
Senate bill relative to the Northern Indiana Railroad company, came up on its second reading.
The question was on the amendment proposed by Mr. Logan on yesterday, which was discussed at length by Messrs. Dunn, Reid, and Wood, and finally decided in the affirmative-ayes 26, noes 20.
The Senate adjourned.
AFTERNOON SESSION.
Senate met.
On motion of Mr. Millikin the rules were suspended.
Mr. Sleeth moved to reconsider the vote on the passage of the bill to amend the charter of the Rushville and Muncietown Railroad company in order to so amend it, as to include the charter of the Rushville and Louisville Railroad company in the repeal, as it was asserted to have the effect as the provision which had been repealed. Carried-ayes 24, noes 16.
On motion of Mr. Millikin the vote on the engrossment of the bill was re-considered.
The bill on motion of Mr. Sleeth, was amended as above stated.
Mr. Reid moved to refer the bill to the committee on the judiciary. Lost-ayes 21 noes 23.
The bill to repeal was discussed by Messrs. Sleeth, Logan, Millikin, Reid, Holloway, and Ellis. Engrossed for a third reading.
The bill in relation to the Northern Indiana Railroad came up in order.
Mr. Dawson proposed to amend by striking out and inserting a provision, providing for the prosecution and completion of the road from Goshen to the eastern line of the State towards Toledo, which was adopted.
Mr. Ellis moved to re-consider the vote laying the amendment of Mr. Dunn to ascertain by judicial investigation, whether the Western division of the Buffalo and Mississippi R. R. Co. has not forfeited the right of way around Lake Michigan, on the table. Lost-ayes 17, noes 26.
Mr. Hanna, offered an amendment, reserving to the State the right to resume possession of all that portion of the road west of Michigan City, at any time after twenty-five years, by the State or her assignees paying the amount actually expended for construction; and interest thereon at six per cent.: Providing said portion of said road does not yield exceeding ten per cent., and if it does then no interest to be paid. It is further provided by the amendment that, if the western division acts under this bill, the company shall be bound by this section. It is further provided that, if it does not so act that no power or franchises heretofore forfeited shall be by this act, restored to said company.
Mr. Dunn moved to lay the amendment on the table. Lost- ayes 12, noes 32.
The amendment was adopted.
Mr. Winstandley moved to amend by adding a provision allowing the Legislature the right to grant the right of way around the Lake to any plank road, or rail road company who may in future apply.
On motion of Mr. Mickle the amendment was laid on the table-ayes 28, noes 18.
Mr. Ellis moved to amend by providing certain conditions on which said road should connect with, and transport the cars of other roads over this line, &c.
Mr. Dawson moved to lay the amendment on the table. Carried-ayes 28, noes 16.
Mr. Millikin offered the amendment proposed by him in committee of the whole, refusing to grant the right of way around the Lake until the Illinois Legislature shall grant the right of way across that State to certain Indiana companies.
Mr. Dawson moved to lay the amendment on the table. Carried-ayes 27, noes 17.
Mr. Hamrick moved to amend by prohibiting the western division of the Buffalo and Mississippi company from having the exclusive right, of way from Laporte to Lafayette.
Mr. Reid moved to lay the amendment on the table. Lost-ayes 22, noes 23.
The amendment was then adopted.
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Domestic News Details
Primary Location
Indiana
Event Date
January 23 30, 1851
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Event Details
Reports on Indiana Senate and House proceedings including communications received, petitions, bill reports, debates on railroad charters like Northern Indiana Railroad and Rushville and Muncietown Railroad, amendments proposed and voted on, bills passed for incorporations of plank roads, turnpikes, insurance companies, school and road measures, and other local legislation; adjournments and referrals to committees.