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Domestic News
January 28, 1823
The National Republican And Ohio Political Register
Cincinnati, Hamilton County, Ohio
What is this article about?
Proceedings of the Ohio General Assembly from December 31 to January 10, detailing Senate and House sessions on bills for state roads, ferries, county seats of justice, poor relief, toll bridges, petitions for new counties and road locations, resolutions on justices' duties, debt imprisonment, and various amendments and reports.
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OHIO LEGISLATURE
TUESDAY, DECEMBER 31.
IN SENATE.
The bills, authorising the laying out of a state road from Xenia to Sandusky; for granting licenses, regulating ferries, &c.—for the relief of Sumner; for establishing a seat of justice for the county of Wood, were respectively committed to a committee of the whole house and made the order of this day.
The bill, authorising Thomas Alcock to erect a toll bridge over the Little Muskingum River, was committed to a committee of the whole, and made the order of the day for to-morrow.
Mr. M'Arthur presented petitions for establishing a seat of justice in the county of Hancock, which was referred to Messrs. M'Arthur, Furnas and E. Brown, as a committee.
HOUSE OF REPRESENTATIVES.
Mr. Depeyster moved the adoption of the following resolution:
Resolved, That a committee of 3 members be appointed to take into consideration the act defining the duties of justices of the peace, and constables in civil and criminal cases, to inquire what amendments, if any, are necessary to said act, to report by bill or otherwise.
WEDNESDAY, JANUARY 1.
IN SENATE.
On motion of Mr. Simpson, the bill for the relief of the poor was the third time read, and passed, 20 to 12.
On motion of Mr. Morris, the bill against forcible entry and detainer was the third time read and passed.
HOUSE OF REPRESENTATIVES.
Mr. R. Mills presented the memorial of Jas. Patterson, Treasurer of Perry county, which, with the accompanying documents, were referred to the joint committee on claims.
Mr. Cowles presented the petition of sundry citizens, praying for the organization of the county of Marion; which were referred to a committee heretofore appointed on that subject.
THURSDAY, JANUARY 2.
IN SENATE
On motion of Mr. Alexander, the bill providing for the laying out and opening a road from Xenia to Upper Sandusky was the third time read and passed.
On motion of Mr. Hughes, the bill to amend the act granting licenses, regulating ferries, &c. was read the third time and passed, 25 to 7.
Mr. Coulter presented petitions from inhabitants of Stark county, praying liberty to change the record of the town plat of Canton, in said county; which was referred to Messrs. Coulter, Shaw and M'Millan as a committee.
HOUSE OF REPRESENTATIVES.
Mr. Patterson presented the petition of sundry citizens praying for the location of a road at the crossing of Wolf creek on the state road from Barnsville through M'Connelsville and Logan to the town of Putnam in Muskingum county, which was referred to the standing committee on roads.
Mr. Findlay presented the petition of the Zanesville Canal and Manufacturing Company, praying for the privilege of raising their dam, on the Muskingum river, higher than its present level, &c. which was read and referred to a select committee of five members: Messrs. Findlay, Cutler, Patterson, J. Robinson and Blickensderfer.
The Speaker asked leave to present to the house the petition of sundry citizens of the counties of Columbiana, Tuscarawas, Stark and Harrison, praying the erection of a new county from off the before mentioned counties, but it did not appear that due notice had been given in the last mentioned counties: leave was not granted.
Mr. Cowles, from the committee appointed on that subject, reported that they had examined and compared the Auditor's and Treasurer's books and vouchers, and found them correct: that the funds of the Treasury consisted of depreciated paper, judgments, bonds, mortgages, receipts and other evidence of debt to the amount of $31,283 18 and cash 5,841 00 $37,124 18
And concluded by recommending the following resolution, in relation to the sum of $98,000, taken from the vaults of the Treasury, by a writ of sequestration from the U. S. Court in favor of the U. S. Bank.
Resolved, That the Auditor of state shall be and he is hereby authorized and directed to enter to the credit of the Treasurer of state, on the book in his office, in the general revenue account, the said sum of $98,000: and that the same sum of $98,000 be placed to the credit of the Treasurer, in the books of the office of Treasurer of state.
FRIDAY, JANUARY 3.
IN SENATE.
On motion of Mr. Cooley, the Senate resumed the consideration of the bill providing for a court in bank: which was recommitted to Messrs. Cooley, Kelly and M'Arthur, as a select committee.
On motion of Mr. D. Sloane, Messrs. Jennings and D. Sloane were appointed a committee to report amendments, if any be necessary, to the act punishing kidnapping.
HOUSE OF REPRESENTATIVES.
Mr. J. Mills presented the petition of sundry citizens of Darke county, praying for an alteration of the state road running from the town of Orangeville to the state line; which was referred to the committee on roads.
The bill authorizing David Pugh to erect a toll bridge over Alum and Big Walnut creeks, was the third time read and passed.
The bill authorizing Thomas Alcock to erect a toll bridge over Little Muskingum river was the third time read and passed.
Mr. H. Brown presented a report upon the petitions of the inhabitants of Marion county, praying a removal of the seat of justice for said county. The committee were opposed to the removal of the county seat, and their report was agreed to.
On motion of Mr. Heaton, the Senate resumed the consideration of the report of the committee of the whole upon the 8th and 9th circuits of the court of common pleas. On motion of Mr. Kelly, the resolutions with the report was re-committed to Messrs. Morris, Kelly and Heaton, as a select committee.
Mr. E. Brown offered a resolution to the following effect—that "both branches of the Legislature adjourn on Saturday the 18th inst." which was laid upon the table.
HOUSE OF REPRESENTATIVES.
Mr. Armstrong moved the adoption of the following preamble and resolution, to wit:
Whereas, it is provided by the first section of the act, amending the act regulating black and mulatto persons, that no black or mulatto person shall be allowed to testify in any case where a white person may be a party; and whereas, the said act makes no discrimination between such coloured people as may be unworthy of credit, and those who have established a good character for truth or veracity—Therefore,
Resolved, That a committee of three be appointed to report a bill, providing that all black or mulatto persons, who may be able to prove by the testimony of two respectable white persons, that their character for truth and veracity is as good as that of men in general, shall be allowed to give testimony in any case depending in any court in this state—which, on the question being put, was decided in the negative, yeas 25, nays 42.
IN SENATE.
MONDAY, JANUARY 6.
Mr. Campbell offered petitions from the inhabitants of Brown county, relative to a seat of justice in said county, which were taken up, read and referred to Messrs Campbell, Kelly and Cooley, as a select committee.
On motion of Mr. Campbell, the committee to whom was referred the petition in regard to medical literature, were discharged from the further consideration of the subject.
On motion of Mr. Kendall, the Senate took up the report of the committee of the whole, upon the bill for the relief of Sumner. The report was agreed to, and an amendment offered by Mr. Kendall was disagreed to, and the bill lost.
On motion of Mr. Bryson, the Senate took up the report of the committee of the whole upon the bill to incorporate the first Presbyterian society in the township of Vernon, and county of Trumbull, and agreed to the same, and the bill was lost.
Mr. M'Arthur presented the petition of certain commissioners appointed to lay out a state road from Oldtown to Bainbridge in Ross co.; which was taken up, read and referred to Messrs. M'Arthur, Alexander and Kirker, as a committee.
Mr. Phelps gave notice that he should ask leave to report a bill to-morrow in relation to a certain literary society.
HOUSE OF REPRESENTATIVES.
Messrs. Townsley and Lybrand, presented the petitions of sundry citizens, praying the legislature to establish by law, the annual compensation of county Auditors; which was referred to the following committee—Messrs. Townsley, Lybrand and R. Collins.
Mr. Hale moved the adoption of the following resolution:
Resolved by the General Assembly of the state of Ohio, that imprisonment for debt, when there is no evidence of fraud or secretion of goods, or property on the part of the debtor, is degrading, impolitic, and inconsistent with the known principles of American liberty, and that a committee of 4 members be appointed to examine the law authorising the same, and report to this house, by bill or otherwise: which was laid upon the table.
On motion of Mr. Depeyster, the house took up the resolution relative to the duties of justices of the peace, in criminal and civil cases, &c. which, after much discussion, was disagreed to.
Mr. Cowles, from the committee on that subject, reported a bill to organise the county of Marion, which was read the first time.
Mr. Looker, from the committee appointed on that subject, reported a bill to provide for the establishment of a permanent seat of justice, in the county of Sandusky, which was read the first time.
On motion of Mr. Cook, so much of the unfinished business of the last annual session of the legislature, as relates to the petition of sundry citizens of the county of Seneca, praying for a removal of the seat of justice in said county, &c. was referred to the following committee—Messrs. Cook, Dougherty and Hatch, to report thereon by bill or otherwise.
Mr. Curtis, from the committee to whom was recommitted the bill to amend the act, for the proving and recording wills, &c. reported a bill further to amend the act, entitled an act for proving and recording wills, &c.
Mr. Blickensderfer presented the petition of sundry citizens praying the legislature to amend the act regulating the mode of petitioning the legislature in certain cases, which was taken up, read and referred to the following committee—Messrs. Blickensderfer, Hedges and Harris, to report thereon by bill or otherwise.
IN SENATE.
TUESDAY, JANUARY 7.
In pursuance of notice given, Mr. Phelps presented a bill to amend the act in relation to the Erie Literary Society; which was taken up and read.
Mr. Coulter presented a report of the committee upon the petitions of sundry citizens of Canton, in the county of Stark; which was taken up and read.
Mr. M'Arthur presented a report of the committee to whom was referred petitions relative to the state road leading from Oldtown to Bainbridge, which was taken up and read.
HOUSE OF REPRESENTATIVES.
On motion, the house took up the report of the committee of the whole, on the bill to amend the act entitled an act for the punishment of crimes, &c. and the amendments to the first and second sections were agreed to, and on motion to agree to the following amendment to the third section, to wit: "be whipped on the naked back not exceeding 25 lashes," or so as to make it read, "every person so offending shall on conviction thereof, be whipped on the naked back not exceeding 25 lashes, or be fined in any sum not exceeding two hundred dollars," &c. the question passed in the negative, the yeas and nays being required were,
yeas 34, nays 34.
Those who voted in the affirmative, were:
Messrs. Armstrong, Ayres, Bacon, Blackburn, Cheney, Claypool, Cook, J. Collins, R. Collins, Disney, Dougherty, Fisher, Findlay, Hole, Hallock, Hathaway, Hoover, Keffer, Lee, Looker, Mackey, Maltbie, M'Nary, Mendenhall, R. Mills, Moore, Munson, Pinkerton, Reese, J. Robinson, Ross, Sanderson, Townsley, and Speaker, 34.
Those who voted in the negative, were:
Messrs. Brown, Bigger, Blickensderfer, Bosworth, Corwin, Cowles, Cutler, Curtis, Davidson, Dunn, Edwards, Grummon, Harbaugh, Harper, Harris, Hatch, Hedges, Lybrand, McBride, McWilliams, J. Mills, Patterson, R. Robinson, Shannon, Shields, Shelby, Smith, Spink, Strong, Walke, Wheeler, Williams, Wiley and Worthington, 34.
WEDNESDAY, JANUARY 8.
IN SENATE.
Mr. Kelly, of the committee to whom was recommitted the bill to provide for a court in bank, presented a report, which was taken up and agreed to, and the bill passed.
Those who voted for the passage of the bill, were Messrs. Alexander, Barr, E. Brown, H. Brown, Bryson, Cooley, Campbell, Coulter, Furnas, House, Jennings, Kelly, Kirker, Kendall, M'Arthur, M'Gowan, M'Lean, M'Millan, Phelps, D. Sloane, J. Sloane, Shaw, Stone, Scofield, Simpson and Trimble, (Speaker.) Those who voted in opposition, were Messrs. Blodget, Catterlin, Hughes, Heaton, Ijams, Morris and Piatt.
Mr. Kelly presented a report of the committee upon the resolutions offered by Mr. Heaton, in relation to the 8th and 9th circuits of the court of common pleas; which was taken up and read.
Mr. Morris presented petitions from citizens of Clermont county, relative to the seat of justice of said county, and also the petition of John Matthews, praying relief, &c. which latter petition was referred to Messrs. Morris, Ijams and House, as a committee.
On motion of Mr. Kelly, the Senate again resolved itself into a committee of the whole, upon the resolution abolishing imprisonment for debt. Messrs. Kirker, Kelly and M'Arthur advocated the resolutions, and they were opposed by Messrs. Jennings, Morris and Alexander—
The committee rose, reported progress, and asked leave to sit again.
HOUSE OF REPRESENTATIVES.
Mr. Blickensderfer, from the committee on that subject, reported a bill to regulate the mode of petitioning the Legislature in certain cases; which was read the first time.
Mr. Sanderson presented the petition of sundry citizens of Fairfield county, praying the appropriation of money to repair the state road from Lancaster to Franklin county; which was referred to the standing committee on roads.
Mr. Looker, presented the petition of Thomas Orr, praying to be indemnified for the expense and trouble he was subjected to for aiding in enforcing a law laying a tax on the branch bank of the United States at Chillicothe; which was taken up, read and referred to a joint committee on claims.
Mr. Hallock presented an account against the state, in favour of G. A. Dohrman; which, with its accompanying documents, were referred to said committee on claims.
The House resumed the consideration of the bill to amend the act entitled an act for the punishment of certain offences therein specified, &c. which was further amended. On motion to engross said bill with its amendments, the question passed in the affirmative.
The yeas and nays being required, were,
yeas 48, nays 21. Those who voted in the affirmative were, Messrs. Armstrong, Ayres, Barns, Bigger, Blickensderfer, Bosworth, Cook, R Collins, Corwin, Cowles, Cutler, Curtis, Davidson, Depeyster, Disney, Edwards, Fisher, Findlay, Grummon, Hale, Hallock, Harbaugh, Harper, Harris, Hatch, Hoover, Lee, Looker, Lybrand, Mackey, M' Bride, M'Williams, Moore, Patterson, Rees, R. Robinson, Ross, Shannon, Shields, Shelby, Spink, Strong, Walke, Wheeler, Williams, Wiley, Worthington and Speaker—48.
Those who voted in the negative, were Messrs. Bacon, Blackburn, Cheney, Claypool, J. Collins, Dougherty, Dunn, Hathaway, Hedges, Keffer, Maltbie, M'Nary, Mendenhall, J. Mills, R. Mills, Munson, Pinkerton, J. Robinson, Sanderson, Smith and Townsley—21.
THURSDAY, JANUARY 9.
IN SENATE
On motion of Mr. M'Arthur, the bill in relation to the state road, leading from Old town to Bainbridge, in Ross county, was the third time read and passed.
Mr. Barr presented petitions praying an amendment of the act of incorporation of the town of Circleville; which were taken up, read and referred to Messrs. Barr, Bryson and Catterlin, as a select committee.
Mr. E. Brown presented petitions of the citizens of Cincinnati, and of Hamilton county, praying the erection of bridges over Mill creek in said county; which were taken up, read and referred to Messrs E. Brown, Piatt and Heaton, as a select committee.
On motion of Mr. Kirker, the Senate again resolved itself into a committee of the whole, upon the resolutions to abolish imprisonment for debt. The resolutions were agreed to, and the report was laid upon the table.
Mr. E. Brown presented a report upon the petitions praying the erection of certain bridges in Hamilton county; which was taken up and read.
Mr. Morris presented a report for the relief of John Matthews; which was taken up and read.
Mr. M'Arthur presented a report of the committee, appointing commissioners to fix upon a seat of justice for the county of Hancock; which was taken up and read.
Mr. Cooley presented petitions praying the appointment of commissioners to establish a seat of justice in the county of Henry; which were taken up, read and referred to the committee appointed to fix upon a seat of justice for the county of Hancock.
Mr. D. Sloane presented petitions in relation to kidnapping: which was taken up, read and referred to a select committee.
Mr. D. Sloane presented petitions from a certain Medical society, praying an act of incorporation: which were taken up, read and laid on the table.
HOUSE OF REPRESENTATIVES.
Mr. Blickensderfer presented the petition of sundry citizens of Tuscarawas county, praying for the location of a road from New Lisbon to New Philadelphia; and from thence to Coshocton: which was laid on the table.
Mr. Curtis presented the memorial of Lothe Bateman, praying the passage of a law to change the name of an adopted child from that of Joanna Rowly, to that of Arminda Elicia Bateman, which was laid on the table.
On motion of Mr. Worthington, the House took up the report of the committee of the whole, on the bill levying a tax on land, and for other purposes; the first section of which read as follows: "Be it enacted by the General Assembly of the state of Ohio, that there shall be levied and paid for the year one thousand eight hundred and twenty-three, on each hundred acres of first rate land, $1.50; on each hundred acres of second rate land, $1 12 1-2 on each hundred acres of third rate land, 75 cts. and in the same proportion for a greater or less number of acres."
On motion, the rates of taxation, as stated in said section, after much discussion, were stricken out.
Mr. Worthington moved to fill the 1st blank occasioned in the first section, with $2, &c.—
He explained his reasons clearly, and entered into an investigation of the necessity of filling the blanks proposed for the purpose of replenishing our bewidowed treasury. On this subject long debates took place. The question on being put passed in the negative. The yeas and nays being required, were, yeas 16, nays 49. Gen. Bigger then moved to fill said blank with $1 50, which, after some argument, was agreed to.
On motion to fill the second blank in said section, with $1 31 1-4, so as to make it read "on each hundred acres of second rate land, $1 31 1-4th." The question passed in the negative. The yeas and nays being required, were, yeas 28, nays 37. On motion, the blank was filled with $1 25. The yeas and nays being required, were, yeas 41, nays 26.
On motion to fill the third blank in said section with 87 1/2 cents, so as to make it read "on each hundred acres of third rate land, 87 and a half cents," the question passed in the affirmative. The yeas and nays being required, were, yeas 42, nays 26.
Said bill was further amended, and with the amendments, ordered to be engrossed for its third reading to-morrow.
Mr. Grummon presented the petition of sundry citizens of Guernsey county, praying the Legislature to repeal the law obliging owners of salt works, &c. to keep the same enclosed: which was read and referred to the following committee: Messrs. Grummon, Strong and M'Nary.
Mr. J. Robinson presented the petitions of Joseph Harris, of the county of Coshocton, praying the Legislature to indemnify him for the damage sustained by the location of certain state road through his farm, which, with the accompanying documents, were read and referred to the following committee: Messrs. J. Robinson, Patterson and Wiley.
On motion of Mr. Shannon, the House resolved itself into a committee of the whole house, and had under consideration "an act to amend the act entitled an act for granting licenses, and regulating ferries, taverns and stores."
The same was reported back to the House with sundry amendments, which were agreed to.
Said bill with its amendments, was ordered to be engrossed and read a third time to-morrow.
FRIDAY, JANUARY 10.
IN SENATE.
On motion of Mr. Kirker, the bill for the erection of certain bridges in the county of Hamilton, was ordered to be engrossed for a third reading to-morrow.
On motion of Mr. Phelps, the bill in relation to the Erie Literary Society, was the third time read and passed.
On motion of Mr. Morris, the Senate took up the report of the committee of the whole upon the bill to establish a permanent seat of justice for the county of Clermont.
The amendment made in the committee of the whole was disagreed to.
Mr. M'Arthur offered an amendment, making an alteration in the county lines of Clermont, which was disagreed to, 15 to 17.
And on motion of Mr. Catterlin, the bill was recommitted to a select committee. Messrs. Catterlin, M'Millan and Scofield.
Mr. Campbell presented a report establishing a seat of justice for the county of Brown, which was taken up and read.
Mr. M'Gowan from the committee to whom was re-committed the bill to secure the navigation of the Tuscarawas river, reported the bill with an amendment; which was agreed to, and the bill ordered for the third reading to-morrow.
On motion of Mr. Kirker, the Senate took up the report of the committee of the whole, upon the resolution to abolish imprisonment for debt; and the question was taken upon agreeing to the resolution.
Those who voted in the affirmative were,
Messrs. Barr, H. Brown, Cooley, Coulter, Furnas, Hughes, Kelly, Kirker, M'Arthur, M'Lean, M'Millan, Phelps, J. Sloane, Stone, Scofield, Simpson and Trimble, Speaker, 18.
Those who voted in the negative were,
Messrs. Alexander, Blodget, E. Brown, Bryson, Catterlin, Campbell, Heaton, House, Ijams, Kendall, Morris, Piatt, D. Sloane and Shaw, 15.
Mr. Campbell then offered his resolution in regard to the stay law, which was agreed to.
Affirmative. Messrs. E. Brown, H. Brown, Cooley, Campbell, Coulter, Furnas, Hughes, Heaton, House, Kelly, Kirker, M'Arthur, M'Gowan, M'Lean, Phelps, J. Sloane, Stone and Trimble, Speaker. 18.
Negative, Messrs. Alexander, Blodget, Barr, Bryson, Catterlin, Ijams, Jennings, Kendall, Morris, M'Millan, Piatt, D. Sloane, Shaw, Scofield and Simpson, 15.
Mr. Hughes gave notice, that he should ask leave to-morrow to report a bill to amend the act for the punishment of crimes.
Mr. Barr presented the account of Caleb Atwater, Esq. against the state of Ohio, for services as school commissioner, which was read and referred to a select committee.
Mr. Cooley presented a memorial in regard to the seat of justice for the county of Wood, which was taken up and read.
Mr. H. Brown presented the petition of Alexander Stewart, praying relief, which was read and referred to the committee of Claims.
Mr. D. Sloane presented a bill to punish kidnapping, which was taken up and read.
On motion of Mr. D. Sloane, the memorial laid upon the table yesterday by him, was referred to Messrs. Campbell, Blodget and D. Sloane as a committee.
HOUSE OF REPRESENTATIVES.
On motion of Mr. Findlay, the House resumed the consideration of the bill from the Senate, entitled "an act for the relief of the poor." On this bill a long discussion took place, in which Messrs. Worthington, Findlay, Bigger, Reese and Shields entered.
On motion to postpone said bill indefinitely, the question passed in the affirmative, The yeas and nays being required, were—yeas 40, nays 32.
Mr. Williams, agreeably to notice previously given, asked and obtained leave to report a bill supplementary to the act establishing a Commercial Hospital and Lunatic Asylum for the state of Ohio: which bill, on motion, was taken up and read the first time, and the printing thereof dispensed with.
We have heard that Governor Morrow has appointed David K. Este, of Cincinnati, Thomas Scott, of Chillicothe, and Thomas Ewing, of Lancaster, a committee to revise all the laws of a general nature now in force in this state, under the late act of the General Assembly for this purpose.—Supporter
TUESDAY, DECEMBER 31.
IN SENATE.
The bills, authorising the laying out of a state road from Xenia to Sandusky; for granting licenses, regulating ferries, &c.—for the relief of Sumner; for establishing a seat of justice for the county of Wood, were respectively committed to a committee of the whole house and made the order of this day.
The bill, authorising Thomas Alcock to erect a toll bridge over the Little Muskingum River, was committed to a committee of the whole, and made the order of the day for to-morrow.
Mr. M'Arthur presented petitions for establishing a seat of justice in the county of Hancock, which was referred to Messrs. M'Arthur, Furnas and E. Brown, as a committee.
HOUSE OF REPRESENTATIVES.
Mr. Depeyster moved the adoption of the following resolution:
Resolved, That a committee of 3 members be appointed to take into consideration the act defining the duties of justices of the peace, and constables in civil and criminal cases, to inquire what amendments, if any, are necessary to said act, to report by bill or otherwise.
WEDNESDAY, JANUARY 1.
IN SENATE.
On motion of Mr. Simpson, the bill for the relief of the poor was the third time read, and passed, 20 to 12.
On motion of Mr. Morris, the bill against forcible entry and detainer was the third time read and passed.
HOUSE OF REPRESENTATIVES.
Mr. R. Mills presented the memorial of Jas. Patterson, Treasurer of Perry county, which, with the accompanying documents, were referred to the joint committee on claims.
Mr. Cowles presented the petition of sundry citizens, praying for the organization of the county of Marion; which were referred to a committee heretofore appointed on that subject.
THURSDAY, JANUARY 2.
IN SENATE
On motion of Mr. Alexander, the bill providing for the laying out and opening a road from Xenia to Upper Sandusky was the third time read and passed.
On motion of Mr. Hughes, the bill to amend the act granting licenses, regulating ferries, &c. was read the third time and passed, 25 to 7.
Mr. Coulter presented petitions from inhabitants of Stark county, praying liberty to change the record of the town plat of Canton, in said county; which was referred to Messrs. Coulter, Shaw and M'Millan as a committee.
HOUSE OF REPRESENTATIVES.
Mr. Patterson presented the petition of sundry citizens praying for the location of a road at the crossing of Wolf creek on the state road from Barnsville through M'Connelsville and Logan to the town of Putnam in Muskingum county, which was referred to the standing committee on roads.
Mr. Findlay presented the petition of the Zanesville Canal and Manufacturing Company, praying for the privilege of raising their dam, on the Muskingum river, higher than its present level, &c. which was read and referred to a select committee of five members: Messrs. Findlay, Cutler, Patterson, J. Robinson and Blickensderfer.
The Speaker asked leave to present to the house the petition of sundry citizens of the counties of Columbiana, Tuscarawas, Stark and Harrison, praying the erection of a new county from off the before mentioned counties, but it did not appear that due notice had been given in the last mentioned counties: leave was not granted.
Mr. Cowles, from the committee appointed on that subject, reported that they had examined and compared the Auditor's and Treasurer's books and vouchers, and found them correct: that the funds of the Treasury consisted of depreciated paper, judgments, bonds, mortgages, receipts and other evidence of debt to the amount of $31,283 18 and cash 5,841 00 $37,124 18
And concluded by recommending the following resolution, in relation to the sum of $98,000, taken from the vaults of the Treasury, by a writ of sequestration from the U. S. Court in favor of the U. S. Bank.
Resolved, That the Auditor of state shall be and he is hereby authorized and directed to enter to the credit of the Treasurer of state, on the book in his office, in the general revenue account, the said sum of $98,000: and that the same sum of $98,000 be placed to the credit of the Treasurer, in the books of the office of Treasurer of state.
FRIDAY, JANUARY 3.
IN SENATE.
On motion of Mr. Cooley, the Senate resumed the consideration of the bill providing for a court in bank: which was recommitted to Messrs. Cooley, Kelly and M'Arthur, as a select committee.
On motion of Mr. D. Sloane, Messrs. Jennings and D. Sloane were appointed a committee to report amendments, if any be necessary, to the act punishing kidnapping.
HOUSE OF REPRESENTATIVES.
Mr. J. Mills presented the petition of sundry citizens of Darke county, praying for an alteration of the state road running from the town of Orangeville to the state line; which was referred to the committee on roads.
The bill authorizing David Pugh to erect a toll bridge over Alum and Big Walnut creeks, was the third time read and passed.
The bill authorizing Thomas Alcock to erect a toll bridge over Little Muskingum river was the third time read and passed.
Mr. H. Brown presented a report upon the petitions of the inhabitants of Marion county, praying a removal of the seat of justice for said county. The committee were opposed to the removal of the county seat, and their report was agreed to.
On motion of Mr. Heaton, the Senate resumed the consideration of the report of the committee of the whole upon the 8th and 9th circuits of the court of common pleas. On motion of Mr. Kelly, the resolutions with the report was re-committed to Messrs. Morris, Kelly and Heaton, as a select committee.
Mr. E. Brown offered a resolution to the following effect—that "both branches of the Legislature adjourn on Saturday the 18th inst." which was laid upon the table.
HOUSE OF REPRESENTATIVES.
Mr. Armstrong moved the adoption of the following preamble and resolution, to wit:
Whereas, it is provided by the first section of the act, amending the act regulating black and mulatto persons, that no black or mulatto person shall be allowed to testify in any case where a white person may be a party; and whereas, the said act makes no discrimination between such coloured people as may be unworthy of credit, and those who have established a good character for truth or veracity—Therefore,
Resolved, That a committee of three be appointed to report a bill, providing that all black or mulatto persons, who may be able to prove by the testimony of two respectable white persons, that their character for truth and veracity is as good as that of men in general, shall be allowed to give testimony in any case depending in any court in this state—which, on the question being put, was decided in the negative, yeas 25, nays 42.
IN SENATE.
MONDAY, JANUARY 6.
Mr. Campbell offered petitions from the inhabitants of Brown county, relative to a seat of justice in said county, which were taken up, read and referred to Messrs Campbell, Kelly and Cooley, as a select committee.
On motion of Mr. Campbell, the committee to whom was referred the petition in regard to medical literature, were discharged from the further consideration of the subject.
On motion of Mr. Kendall, the Senate took up the report of the committee of the whole, upon the bill for the relief of Sumner. The report was agreed to, and an amendment offered by Mr. Kendall was disagreed to, and the bill lost.
On motion of Mr. Bryson, the Senate took up the report of the committee of the whole upon the bill to incorporate the first Presbyterian society in the township of Vernon, and county of Trumbull, and agreed to the same, and the bill was lost.
Mr. M'Arthur presented the petition of certain commissioners appointed to lay out a state road from Oldtown to Bainbridge in Ross co.; which was taken up, read and referred to Messrs. M'Arthur, Alexander and Kirker, as a committee.
Mr. Phelps gave notice that he should ask leave to report a bill to-morrow in relation to a certain literary society.
HOUSE OF REPRESENTATIVES.
Messrs. Townsley and Lybrand, presented the petitions of sundry citizens, praying the legislature to establish by law, the annual compensation of county Auditors; which was referred to the following committee—Messrs. Townsley, Lybrand and R. Collins.
Mr. Hale moved the adoption of the following resolution:
Resolved by the General Assembly of the state of Ohio, that imprisonment for debt, when there is no evidence of fraud or secretion of goods, or property on the part of the debtor, is degrading, impolitic, and inconsistent with the known principles of American liberty, and that a committee of 4 members be appointed to examine the law authorising the same, and report to this house, by bill or otherwise: which was laid upon the table.
On motion of Mr. Depeyster, the house took up the resolution relative to the duties of justices of the peace, in criminal and civil cases, &c. which, after much discussion, was disagreed to.
Mr. Cowles, from the committee on that subject, reported a bill to organise the county of Marion, which was read the first time.
Mr. Looker, from the committee appointed on that subject, reported a bill to provide for the establishment of a permanent seat of justice, in the county of Sandusky, which was read the first time.
On motion of Mr. Cook, so much of the unfinished business of the last annual session of the legislature, as relates to the petition of sundry citizens of the county of Seneca, praying for a removal of the seat of justice in said county, &c. was referred to the following committee—Messrs. Cook, Dougherty and Hatch, to report thereon by bill or otherwise.
Mr. Curtis, from the committee to whom was recommitted the bill to amend the act, for the proving and recording wills, &c. reported a bill further to amend the act, entitled an act for proving and recording wills, &c.
Mr. Blickensderfer presented the petition of sundry citizens praying the legislature to amend the act regulating the mode of petitioning the legislature in certain cases, which was taken up, read and referred to the following committee—Messrs. Blickensderfer, Hedges and Harris, to report thereon by bill or otherwise.
IN SENATE.
TUESDAY, JANUARY 7.
In pursuance of notice given, Mr. Phelps presented a bill to amend the act in relation to the Erie Literary Society; which was taken up and read.
Mr. Coulter presented a report of the committee upon the petitions of sundry citizens of Canton, in the county of Stark; which was taken up and read.
Mr. M'Arthur presented a report of the committee to whom was referred petitions relative to the state road leading from Oldtown to Bainbridge, which was taken up and read.
HOUSE OF REPRESENTATIVES.
On motion, the house took up the report of the committee of the whole, on the bill to amend the act entitled an act for the punishment of crimes, &c. and the amendments to the first and second sections were agreed to, and on motion to agree to the following amendment to the third section, to wit: "be whipped on the naked back not exceeding 25 lashes," or so as to make it read, "every person so offending shall on conviction thereof, be whipped on the naked back not exceeding 25 lashes, or be fined in any sum not exceeding two hundred dollars," &c. the question passed in the negative, the yeas and nays being required were,
yeas 34, nays 34.
Those who voted in the affirmative, were:
Messrs. Armstrong, Ayres, Bacon, Blackburn, Cheney, Claypool, Cook, J. Collins, R. Collins, Disney, Dougherty, Fisher, Findlay, Hole, Hallock, Hathaway, Hoover, Keffer, Lee, Looker, Mackey, Maltbie, M'Nary, Mendenhall, R. Mills, Moore, Munson, Pinkerton, Reese, J. Robinson, Ross, Sanderson, Townsley, and Speaker, 34.
Those who voted in the negative, were:
Messrs. Brown, Bigger, Blickensderfer, Bosworth, Corwin, Cowles, Cutler, Curtis, Davidson, Dunn, Edwards, Grummon, Harbaugh, Harper, Harris, Hatch, Hedges, Lybrand, McBride, McWilliams, J. Mills, Patterson, R. Robinson, Shannon, Shields, Shelby, Smith, Spink, Strong, Walke, Wheeler, Williams, Wiley and Worthington, 34.
WEDNESDAY, JANUARY 8.
IN SENATE.
Mr. Kelly, of the committee to whom was recommitted the bill to provide for a court in bank, presented a report, which was taken up and agreed to, and the bill passed.
Those who voted for the passage of the bill, were Messrs. Alexander, Barr, E. Brown, H. Brown, Bryson, Cooley, Campbell, Coulter, Furnas, House, Jennings, Kelly, Kirker, Kendall, M'Arthur, M'Gowan, M'Lean, M'Millan, Phelps, D. Sloane, J. Sloane, Shaw, Stone, Scofield, Simpson and Trimble, (Speaker.) Those who voted in opposition, were Messrs. Blodget, Catterlin, Hughes, Heaton, Ijams, Morris and Piatt.
Mr. Kelly presented a report of the committee upon the resolutions offered by Mr. Heaton, in relation to the 8th and 9th circuits of the court of common pleas; which was taken up and read.
Mr. Morris presented petitions from citizens of Clermont county, relative to the seat of justice of said county, and also the petition of John Matthews, praying relief, &c. which latter petition was referred to Messrs. Morris, Ijams and House, as a committee.
On motion of Mr. Kelly, the Senate again resolved itself into a committee of the whole, upon the resolution abolishing imprisonment for debt. Messrs. Kirker, Kelly and M'Arthur advocated the resolutions, and they were opposed by Messrs. Jennings, Morris and Alexander—
The committee rose, reported progress, and asked leave to sit again.
HOUSE OF REPRESENTATIVES.
Mr. Blickensderfer, from the committee on that subject, reported a bill to regulate the mode of petitioning the Legislature in certain cases; which was read the first time.
Mr. Sanderson presented the petition of sundry citizens of Fairfield county, praying the appropriation of money to repair the state road from Lancaster to Franklin county; which was referred to the standing committee on roads.
Mr. Looker, presented the petition of Thomas Orr, praying to be indemnified for the expense and trouble he was subjected to for aiding in enforcing a law laying a tax on the branch bank of the United States at Chillicothe; which was taken up, read and referred to a joint committee on claims.
Mr. Hallock presented an account against the state, in favour of G. A. Dohrman; which, with its accompanying documents, were referred to said committee on claims.
The House resumed the consideration of the bill to amend the act entitled an act for the punishment of certain offences therein specified, &c. which was further amended. On motion to engross said bill with its amendments, the question passed in the affirmative.
The yeas and nays being required, were,
yeas 48, nays 21. Those who voted in the affirmative were, Messrs. Armstrong, Ayres, Barns, Bigger, Blickensderfer, Bosworth, Cook, R Collins, Corwin, Cowles, Cutler, Curtis, Davidson, Depeyster, Disney, Edwards, Fisher, Findlay, Grummon, Hale, Hallock, Harbaugh, Harper, Harris, Hatch, Hoover, Lee, Looker, Lybrand, Mackey, M' Bride, M'Williams, Moore, Patterson, Rees, R. Robinson, Ross, Shannon, Shields, Shelby, Spink, Strong, Walke, Wheeler, Williams, Wiley, Worthington and Speaker—48.
Those who voted in the negative, were Messrs. Bacon, Blackburn, Cheney, Claypool, J. Collins, Dougherty, Dunn, Hathaway, Hedges, Keffer, Maltbie, M'Nary, Mendenhall, J. Mills, R. Mills, Munson, Pinkerton, J. Robinson, Sanderson, Smith and Townsley—21.
THURSDAY, JANUARY 9.
IN SENATE
On motion of Mr. M'Arthur, the bill in relation to the state road, leading from Old town to Bainbridge, in Ross county, was the third time read and passed.
Mr. Barr presented petitions praying an amendment of the act of incorporation of the town of Circleville; which were taken up, read and referred to Messrs. Barr, Bryson and Catterlin, as a select committee.
Mr. E. Brown presented petitions of the citizens of Cincinnati, and of Hamilton county, praying the erection of bridges over Mill creek in said county; which were taken up, read and referred to Messrs E. Brown, Piatt and Heaton, as a select committee.
On motion of Mr. Kirker, the Senate again resolved itself into a committee of the whole, upon the resolutions to abolish imprisonment for debt. The resolutions were agreed to, and the report was laid upon the table.
Mr. E. Brown presented a report upon the petitions praying the erection of certain bridges in Hamilton county; which was taken up and read.
Mr. Morris presented a report for the relief of John Matthews; which was taken up and read.
Mr. M'Arthur presented a report of the committee, appointing commissioners to fix upon a seat of justice for the county of Hancock; which was taken up and read.
Mr. Cooley presented petitions praying the appointment of commissioners to establish a seat of justice in the county of Henry; which were taken up, read and referred to the committee appointed to fix upon a seat of justice for the county of Hancock.
Mr. D. Sloane presented petitions in relation to kidnapping: which was taken up, read and referred to a select committee.
Mr. D. Sloane presented petitions from a certain Medical society, praying an act of incorporation: which were taken up, read and laid on the table.
HOUSE OF REPRESENTATIVES.
Mr. Blickensderfer presented the petition of sundry citizens of Tuscarawas county, praying for the location of a road from New Lisbon to New Philadelphia; and from thence to Coshocton: which was laid on the table.
Mr. Curtis presented the memorial of Lothe Bateman, praying the passage of a law to change the name of an adopted child from that of Joanna Rowly, to that of Arminda Elicia Bateman, which was laid on the table.
On motion of Mr. Worthington, the House took up the report of the committee of the whole, on the bill levying a tax on land, and for other purposes; the first section of which read as follows: "Be it enacted by the General Assembly of the state of Ohio, that there shall be levied and paid for the year one thousand eight hundred and twenty-three, on each hundred acres of first rate land, $1.50; on each hundred acres of second rate land, $1 12 1-2 on each hundred acres of third rate land, 75 cts. and in the same proportion for a greater or less number of acres."
On motion, the rates of taxation, as stated in said section, after much discussion, were stricken out.
Mr. Worthington moved to fill the 1st blank occasioned in the first section, with $2, &c.—
He explained his reasons clearly, and entered into an investigation of the necessity of filling the blanks proposed for the purpose of replenishing our bewidowed treasury. On this subject long debates took place. The question on being put passed in the negative. The yeas and nays being required, were, yeas 16, nays 49. Gen. Bigger then moved to fill said blank with $1 50, which, after some argument, was agreed to.
On motion to fill the second blank in said section, with $1 31 1-4, so as to make it read "on each hundred acres of second rate land, $1 31 1-4th." The question passed in the negative. The yeas and nays being required, were, yeas 28, nays 37. On motion, the blank was filled with $1 25. The yeas and nays being required, were, yeas 41, nays 26.
On motion to fill the third blank in said section with 87 1/2 cents, so as to make it read "on each hundred acres of third rate land, 87 and a half cents," the question passed in the affirmative. The yeas and nays being required, were, yeas 42, nays 26.
Said bill was further amended, and with the amendments, ordered to be engrossed for its third reading to-morrow.
Mr. Grummon presented the petition of sundry citizens of Guernsey county, praying the Legislature to repeal the law obliging owners of salt works, &c. to keep the same enclosed: which was read and referred to the following committee: Messrs. Grummon, Strong and M'Nary.
Mr. J. Robinson presented the petitions of Joseph Harris, of the county of Coshocton, praying the Legislature to indemnify him for the damage sustained by the location of certain state road through his farm, which, with the accompanying documents, were read and referred to the following committee: Messrs. J. Robinson, Patterson and Wiley.
On motion of Mr. Shannon, the House resolved itself into a committee of the whole house, and had under consideration "an act to amend the act entitled an act for granting licenses, and regulating ferries, taverns and stores."
The same was reported back to the House with sundry amendments, which were agreed to.
Said bill with its amendments, was ordered to be engrossed and read a third time to-morrow.
FRIDAY, JANUARY 10.
IN SENATE.
On motion of Mr. Kirker, the bill for the erection of certain bridges in the county of Hamilton, was ordered to be engrossed for a third reading to-morrow.
On motion of Mr. Phelps, the bill in relation to the Erie Literary Society, was the third time read and passed.
On motion of Mr. Morris, the Senate took up the report of the committee of the whole upon the bill to establish a permanent seat of justice for the county of Clermont.
The amendment made in the committee of the whole was disagreed to.
Mr. M'Arthur offered an amendment, making an alteration in the county lines of Clermont, which was disagreed to, 15 to 17.
And on motion of Mr. Catterlin, the bill was recommitted to a select committee. Messrs. Catterlin, M'Millan and Scofield.
Mr. Campbell presented a report establishing a seat of justice for the county of Brown, which was taken up and read.
Mr. M'Gowan from the committee to whom was re-committed the bill to secure the navigation of the Tuscarawas river, reported the bill with an amendment; which was agreed to, and the bill ordered for the third reading to-morrow.
On motion of Mr. Kirker, the Senate took up the report of the committee of the whole, upon the resolution to abolish imprisonment for debt; and the question was taken upon agreeing to the resolution.
Those who voted in the affirmative were,
Messrs. Barr, H. Brown, Cooley, Coulter, Furnas, Hughes, Kelly, Kirker, M'Arthur, M'Lean, M'Millan, Phelps, J. Sloane, Stone, Scofield, Simpson and Trimble, Speaker, 18.
Those who voted in the negative were,
Messrs. Alexander, Blodget, E. Brown, Bryson, Catterlin, Campbell, Heaton, House, Ijams, Kendall, Morris, Piatt, D. Sloane and Shaw, 15.
Mr. Campbell then offered his resolution in regard to the stay law, which was agreed to.
Affirmative. Messrs. E. Brown, H. Brown, Cooley, Campbell, Coulter, Furnas, Hughes, Heaton, House, Kelly, Kirker, M'Arthur, M'Gowan, M'Lean, Phelps, J. Sloane, Stone and Trimble, Speaker. 18.
Negative, Messrs. Alexander, Blodget, Barr, Bryson, Catterlin, Ijams, Jennings, Kendall, Morris, M'Millan, Piatt, D. Sloane, Shaw, Scofield and Simpson, 15.
Mr. Hughes gave notice, that he should ask leave to-morrow to report a bill to amend the act for the punishment of crimes.
Mr. Barr presented the account of Caleb Atwater, Esq. against the state of Ohio, for services as school commissioner, which was read and referred to a select committee.
Mr. Cooley presented a memorial in regard to the seat of justice for the county of Wood, which was taken up and read.
Mr. H. Brown presented the petition of Alexander Stewart, praying relief, which was read and referred to the committee of Claims.
Mr. D. Sloane presented a bill to punish kidnapping, which was taken up and read.
On motion of Mr. D. Sloane, the memorial laid upon the table yesterday by him, was referred to Messrs. Campbell, Blodget and D. Sloane as a committee.
HOUSE OF REPRESENTATIVES.
On motion of Mr. Findlay, the House resumed the consideration of the bill from the Senate, entitled "an act for the relief of the poor." On this bill a long discussion took place, in which Messrs. Worthington, Findlay, Bigger, Reese and Shields entered.
On motion to postpone said bill indefinitely, the question passed in the affirmative, The yeas and nays being required, were—yeas 40, nays 32.
Mr. Williams, agreeably to notice previously given, asked and obtained leave to report a bill supplementary to the act establishing a Commercial Hospital and Lunatic Asylum for the state of Ohio: which bill, on motion, was taken up and read the first time, and the printing thereof dispensed with.
We have heard that Governor Morrow has appointed David K. Este, of Cincinnati, Thomas Scott, of Chillicothe, and Thomas Ewing, of Lancaster, a committee to revise all the laws of a general nature now in force in this state, under the late act of the General Assembly for this purpose.—Supporter
What sub-type of article is it?
Politics
Infrastructure
Legal Or Court
What keywords are associated?
Ohio Legislature
State Roads
County Seats
Poor Relief
Toll Bridges
Debt Imprisonment
Land Tax
Petitions
Bills Passed
What entities or persons were involved?
Mr. M'arthur
Mr. Depeyster
Mr. Simpson
Mr. Morris
Mr. Cowles
Mr. Alexander
Mr. Hughes
Mr. Findlay
Mr. Armstrong
Mr. Campbell
Mr. Phelps
Mr. Worthington
Governor Morrow
David K. Este
Thomas Scott
Thomas Ewing
Where did it happen?
Ohio
Domestic News Details
Primary Location
Ohio
Event Date
December 31 To January 10
Key Persons
Mr. M'arthur
Mr. Depeyster
Mr. Simpson
Mr. Morris
Mr. Cowles
Mr. Alexander
Mr. Hughes
Mr. Findlay
Mr. Armstrong
Mr. Campbell
Mr. Phelps
Mr. Worthington
Governor Morrow
David K. Este
Thomas Scott
Thomas Ewing
Outcome
multiple bills passed including relief for the poor, road constructions from xenia to sandusky and upper sandusky, amendments to ferry licenses, toll bridges by thomas alcock and david pugh, court in bank established, resolutions on debt imprisonment and stay law agreed to, tax rates set for 1823 land levy, various petitions referred or rejected, committee appointed to revise state laws.
Event Details
The Ohio Legislature convened in Senate and House sessions from December 31 to January 10, handling bills on state roads, ferries, county seats of justice, poor relief, toll bridges, kidnapping punishment, debt imprisonment abolition, land taxation, and various petitions for new counties, road locations, dam raises, incorporations, and relief claims. Debates and votes occurred on amendments, with some bills passed, lost, or recommitted.