Indiana State Sentinel, Volume 5, Number 26, Indianapolis, Marion County, 18 December 1845 — Page 1

INDIANA STATE SENTINEL: ; THE OFFICIAL UAZETTE OF THE STATE TgrOJjice on Illinois Street, iWti of Washington. . G. A. In J. P. CHAPMAN, Editors, C"The State Sentinel will contain a much larger ' amount of reading matter, on all subjects of general . interest, than any other newspaper in Indiana.

- i i ii i i i ii i THC SCMI-WCLKLV EDITH) Y Is published every Wednesday and Saturday, andd ing the session of the Legislature, three times a week, oa I uesuays, i hursdays, and batuidays, at Four Dollars a year, payable always in advance. THE WEEKLY EDITION Is published every Thursday, at Tico Dollars a year ki ways 10 oa paia in advance. $1 in advance will pay fur six months S-3 will pay for three copies one year. Person remitting ftlO in advance, free of post age, shall have three copies of the Semi-Weekly one year. $2 will pay fir six months. Al will always oe charged for the Tri-Weekly, and 50 cents for the Weekly, during the Legislative sessions. ADVERTISEMENTS, will be inserted three times tt one dollar a square of 8 lines, and be continued at the rate of 2- cents a square for each additional in aertion. Quarterly advertisements, per square, All advertisements from abroad must be accompanied by the cash ; or no attention will be paid to them. 07" Postage must be paid. Sl)c 3nbtana cgtslaturc. Reported for the Indiana State Sentinel. HOUSE OF REPRESENTATIVES. Satckdat, Dec. 6, 1815. jtrrcasooif session. Oa motion of Mr. Vandeveer. the preamble aod resolution relating to the conteted electioo, was taken up ; and, belog read. Mr. Ilazehigg addressed the House in explanation of his Tiews and set out by defining the difference between the powers of the General and Slate (iovernments the foimer being one of limited and specified power, whilst the others posses all legislative powers that miht be exercised by the people themselves, in their aggtegite capacity, nnless where expressly inhibited in the respective State Constitutions. The qaestion befoie us, said Mr. II., turn exclusively upon the constitutionality of the act erecting Ohio county out of the territory of Dearborn; and he then read from the journal to show the foimer action of membeis of the present House, who had seats in the House when the act dividing Deaiborn county passed; and asked how gentlemen, whoe names he read from the j ournal as suppoiters of the bill, could now tum round, and declare the law for which they thus voted, to be unconstitutional Mr. II. maintained that the aggregate vote of the two counties should be taken together, and not separately, in ascei taiiiin' which of the mem bers is entitled to his seat. He deprecated the piinciple of running into extremes, as one Ol dangerous consequences, as the bet institutions, when abued, weie often more insupportable than open and direct tyranny. We should, said Mr. II., hesitate and ponder well before declaims, by our act, that a law that has received the sanction of the Legislatuie, Executive and Judicial departments of Government, is unconstitutional. The effect of such instability would be to destroy all confidence in the laws of the country, and to unsettle and render insecure vested lights and interest. He bad given the subject his best and most deliberate consideration, and the result was. that be felt bound to sustain 'he constitutionality of the law creating the new county of Ol io, and should vote accordingly. Mr. Rousseau was convinced the law was unconstitutional, and should so vote. He was opposed to the passage of the oiiginal bill, wil t the amend nent allowing a separate member to Ohio county. He, however, favored and voted for the bill, without the amendment. This, he believed, was his position at the time the act was passed. Mr. Hazelrig; then read from the journals, and quoted the ayes and noes, to show that the member from Gieene was mistaken. Mr. Rousseau aain explained. Mr. Stapp followed, and said the amendment was a Whi measure last year, and he presumed the gentleman from Greene was to be excu-e 1 for voting for it on that ground. Mr. Baker said legislative precedents were no test of the constitutionality of a law, and he hoped the exploded dogma of the "omnipotence of Parliament " would not be revived al this late day, in a republican government. He denied that the decision of Judge Blackford, as quoted, was analogous, and tiid it had no bearing on the case. If the Legislature had said that every Jude should reside in the very centre of his judicial cl.cuit, then indeed the case would have been perfectly analogous. It seeded t him that the doctrines on both- sides were poshed to extremes. One says the constitution uabuudle of grants; another that it is one f limitation of powers. Wherever the people have, in the Constitution, limited the power of the Legislature, their Representatives have lo obey. The LegMative power is fully defined ia the first article of the Constitution. Mr. B. could not understand the position of the gentleman from Harrison, with reference to the distinction between affirmative and negative phases in the Constitution. We have not, said Mr. JJ., the power to at J to, .or take from, the qualifications required by the Constitution; and if we hal, the Legislature may determine the color of rnir essential to ele'ibility; and, sail Mr. B., as I am in a minority, in that respect, (having Tti hair,) in this assembly, I may be declared ineligible to a seit upon this fljor. (Laughter.) Mr. Secrest addressed the House, and defined, in an ingenious ra inner, the various powers of the State Legislature, and the manner in which its powers were limiteJ, by the Constitution of the United State, by the limitations of the State Constitution, and by the inalienable rights of the people, especially re-erved in that instrument. Mr. S. maintained, with much ability, the position formerly occupied by him on this question, and in favor of the riht of Mr. Lane to the sear. Mr. Ostnrn commenced, by defining the powers of the Legislature; miintainin; that the members of both Houses acted as the agents of the people, and could do for them, and in their name, whatever the people themselves, in their aggregate capicity might d , having regard to the limitations of the Constitution. Mr. O. asked if we are to construe the constitution literally if we are to exercise no powers except what are expressly granted where can We get the power to erect representative distiicts out of two or more counties ? Mr. O. repeated that members must decide the question purely in a judicial capacity, and should act with great caution and circumspection in the premises. Mr. Cookerly roe to correct an error into which the gentleman from Boone had fallen, in saying that the couits ha I decided the law under consideration to be c institutional. He was credibly informed such was not the fact. As the statement, if uncontradicted, might exercise some influence in the decision of the question, he thought it proper to set the House right with reference to it. Mr. Ley man wished to know if the candidates, in canrassing for the votes of the people of Ohio and Dearborn counties, had raised the question now before the House, as to their residence ; and if the people voted for the purpose of securing the result contemplated by the law, viai the residence of one member in Ohio and two in Dearborn county ? Mr. Sleeth explained ; and was followed by Mr. McDonald, who vindicated his consistency with reference to this question, both at the session the law passed and the present session, and quoted from the journals for that purpose. He entered fully into the merits of the question, and in defence of the rights of Mr. Lane to his seat, possessing as be dees, all the qualifications required by the constitution and law of the land, as well as a clear and indisputable majority of all the legal votes cast. Mr. Riley asked the indulgence of the House whilst he offered a few remarks, and contended that the constitution was both a grant and limit of power. Theie was a great difference between the powers of a convention of the people, and that of a Legislature acting under the grants and limitations ef a written constitution of government. All power resides in the peeple, and as a majority of the people voted for Mr. Lane, Mr. R. contended that he was beyond doubt, the legal representative of the people of Dearborn and Ohio counties ; and in so voting, he felt that he was .only carrying out into practice the first piinciple of all representative governments, that the nwj rity shall rule. Mr. Vandeveer moved the previous question, which being attained, and a call of the House bad, the question was taken on the preamble and resolutions, and decided as follows i ares 47, noes 43. So Mr. L-inius, the sitting member, will contiaue to bold bis seat. The House then adjourned. SENATE. Mo.tdat, December 8, 1816. The President laid before the Senate communications from the Indianapolis, Lawrenceburgh, and Port Wayne branches of the State Bank; which were referred without reading, to the committee on the State Bank. Tbe President announced the following; aelect commit tee in accordance with Mr. Handy a resolution in relation to dividing the State into Senatorial and Representative Districts, -Messrs. Handy Jones, Tenor, Berry of P., Ed monson, Morgan of D., Akin, Rejburn, Cuppy, Allison, W incheli, Herriman, and Henry for tbe State at large. Jilt. Chapman of L., moved a call of the Senite, which was ordered: when it was found that Messrs. Uuell. Har din. and Rockhiil were absent On motion tbe door-keeper Vii sent for the absentee. The absented members hsv in returned, a further call was suspended. The President of the Senile then made fe following address : Senators : Although the terra of my ofl.ce as re sident of this body has not yet, under the constitu tion. expired, circumstances render it necessary tha.t I should now dissolve the relation which has hitherto existed between us. In taking leave of you, I trust m few remarks froui me will not be deemed inappropriate. It w indeed to nie painful to sever the tics that have so Ion? bound us together. Associations have been formed with you painful to be dissolved ever td be remembered, bacredly will 1 dienen tiie üleasant memory of our past connexion; 1 lie situa tion of President during my term of office has been peculiar. The parties in this Chamber have, during all the time, been equally divided. Was it strange that I should not esca oe censure 1 What had I to do

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jFnblished every Thursday. but to act fearlessly in the prosecution of what I deemed to be my duty J If I deserved censure, I deserved it no more than the twenty-five Senators ac tin; w ith me. In takin? leave of vou. Senators. 1 1 desire to leave as I came, the friend of all of you. I forget the past. Circumstances tending to create! temporary interruption of mutual good feeling tl.e au-sprinor or excitement, ot momentary prejudice, of nisconceiveu motives, ought to be forgotten. They should not cleave to the true and generous heart. The same good feelings that I tender to you, I would gladly receive from you in return. I owe much to your courtesy, your experience, your forbearance. When I took the chair, I was one of the youngest members of this chamber. I hav endeavored, with your assistance, to discharge my duty. I am not conscious of having infringed, or departed from, well established rules. , We part. Our relation is changed. We are now to each other in the relation of Representative and constituent. In my new station I shall claim" to be the Representative of one, but the servant of both political parties. No consideration shall induce me to swerve lrom the political principles which I have Ion avowed. They were well known to th -se who elcr ted me; and I trust I may express rav belief that mv firm attachment to them, constituttu the chief zrotind of the gratifying unanimity with which I was chosen by the Democratic party. In separating from you now, I cannot but most fervently wish you happiness and peace, and that your cession may be distinguished to its cloe for the harmony of its procetdings, and the agreeableness of your intercourse. I he affectionate remembrance which I hold of you shall never te forgotten, until the grave lias enclosed upon mv ashes Mr. Logan moved that Mr. Morgan of D. should be call ed to the cbair temporarily Mr. Chapman of L. saiJ such proceeding would" :be unparliamentary. It is usual in such cases to proceed at once to the election of a presiding officer, without electing any one temporarily. Mr. Herriman moved that the Senate proceed to the election of a presiding officer with the chair vacant, ,1r. I. also said, as the persons who would be voted for would be censured by the country for voting for themselves, in addition to its being matter of personal delicacv. and suggested that they withdraw. Mr. Gorman, the Principal Secretary, named .1Visrs. Morgnn of D. and Berry of M., as teller, and proceeded to call the roll for the members to vote. Tbe following is the tesult: 1st. 2d. 3d. 4th. 5th. 6th. 7th. 8th. 0th. 10th. Mr. Read, 23 24 23 23 22 21 22 21 22 23 Mr. Orth, 24 24 24 24 24 24 24 24 24 24 Scattering, 1 0 1 1 2 3 2 3 2 1 The Senate then adjourned. AFTERNOON SESSION. The Senate aeseml led. The election of President pro. tem., which was pending before adjournment, was resumed. 11th. 12th. 13th. 14th. 15ih. .Mr. Read, 24 24 S3 53 23 Mr. Orth, 24 24 24 24 24 Scattering, 0 0 1 1 1 After the result of the ISth ballot waa announced. Mr. Davis nominated Mr. Reyburn. 16th. 17th. 18th. Mr. Read, 23 23 23 Mr. Reyburn, 24 24 21 Scattering, 1 1 I 19th. 22 24 2 20th. 22 21 2 Oa motion of Mr. Lane, the Senate then adjourned. HOUSE OF REPRESENTATIVES. Petitions, Memorials, tc, presented. By Mr Monroe, of citizens of Washington. By Mr Moore, of cilitens of Owen county, for the repeal of a provision in the Revised Code, respecting a map, &.C. By Mr. Yocom, of citizens of Clsy county, praying for compensation to examiners, &c. By Mr Leyman, of citi nf e? Tippecanoe county, praying to be annexed to the 8th judicial circuit. By Mr Morrow, ef citizens of Indiana for ro.id from Jonesborough, dec, to Kokomo. By Mr Cookerlv, of citizens of Vigo, Stc. By Mr Lowe, from John Gardiner, praying leave to relinquish a certain tract of saline lands; all of which were appropriately referred. Report from Select Committee. Mr Shanks, a bill to legalize the official action of John S:xon, school commisioner of Washington county ; read and referred. Mr. Vandeveer, for the relief of tbe heirs of Williem Quincy, of Orange county ; referred. Mr Mickle, providing for a special term of the Allen circuit court for tbe trial of Silas Doty, confined for muider, 6ce. ; which last bill, (the rule being suspended,) was passed. lie tolu tion t Introduced Öy Mr Moore, enquiring into the state of the sinking fund, &c By Mr Lewi, for the appointment of examiners of teachers of common schools. By Mr Hill, expediency of amending law relating to common schools, so as to have a semi-annual dividend of the fund, &c By Mr. Cookerly of so amending practice art, as to abolish all special pleading in law, &c. By Mr Bowman, of o amending law as to make complainants in criminal offence, in case of failure, responsible for costs. By Mr Leyman, as to expediency of repealing portion of the Revised Code, or amending the same, as respects gaming, dec. A keeper of a nine-pin alley bsing im prisoned in Lafayette for Same ly Mr Julian, expediency of amending Kevised stat utes as respects the duties of executors and administrators in certain cases; and By Mr Clymer, expediency of repealing so much of the valuation law as relates to breaches and misdemeanor; all of which were adopted. Mr Fuller, on leave, introduced a memorial from citi zens of Warrick county, which was referred to a Select committee.! Joint Resolution Introduced. By Mr Stapp, respecting the great navigable rivers of the west, (which have recently been declared M inland seas,") in favor of a ship cmsl at the Indiana side of the Falls of the Ohio, a id instructing our Senators and Representatives in Congress to vote for an appropriation for the same, See ; and By Mr Dowling, a joint resolution to Congress in favor of the claims of the late Colonel Francis Vigo, of Knox cponty, against the State of Virginia, and now pending before Congress, and instructing our Senators and Kepreentatives to support the claim, 5tc; which were read and passed to second readings. By Mr Clements, to reduce the number of Senators and Representatives to 31 and 62 members for the next five years; which joint resolution was read twice, and referred to the committee of the whole, and made the order or tbe day for Wednesday. Mr Pennington advocated its reference to the commit tee of the whole, as the best means of ascertaining the sense of the House, and whether any reduction will be sanctioned, in order that the committee on the apportion ment may know how to make their calculations for the decisions of the matter referred to them. Mr Thompson wished it to be made the order of the day for Wednesday next, in committee of the whole ; end it was so referred. J Bill Preten ted. By Mr Lemmonds, changing the time of holding Probate courts in Dubois county. By Mr Shanks, in relation to the bank tax fund; Providing for distributing the asme in March next, dec, among the several counties, &c By Mr. Secrest, to authorize ths refunding of taxes, in certain cases, where too much has been paid. By Mr Julian, delating a misprint in the Revised Statutes of 1843, in the heading of a chapter. By Mr McDonald, regulating the jurisdiction of justices of the peace in ihe counties of Lake snd Porter, providing that they shall hereafter be regulated by the provisions of Revised C.-de. By Mr Hall of G..in relation to the auditor of Gibson eoontr. authorizing; him to make a deed in a certain case. CT to Robert Stockwell. By Mr Torter, for the relief of purchasers of school bods in Harrison county ; and By Mr. Baker, to restrict the operation of an act reis ting to the appointment of county commiesioners, A.c., so as not to include Vanderburgh county, snd reviving oiu law on the subject; which bills were sll appropriately tt feried. ORDER OF THE DAY The first thing in older of the day was the joint reso lution instructing our Senators snd requesting our Repre sentatives in Concress to vote for the caasaze of a law to extend tbe provisions of the pre emption lawiof the Unt-

INDIANAPOLIS. DECEMBER 18. 1845.

ted States So as to include the settlers on the Miami Re-1 serve, or to mike compensation lor their improvements; passed. Bill No. 15, for the relief of Dasicl Dayhuff of Orange county ; referred. ' Bill to reduce the per Jiem allowance of members of (be lieneral Assembly to f 2 per dy and f 2 for every 20 antes travel, coming up in its order. i. mniiuij up in n uiuci, J Air McDonald moved to lay it on tiie table, and Ihe mo tion prevailed syes 48, noes 46. ; Airs Messrs. Baker, Blackwell, Bowman, Camerci, Carnan, Carter, Chambers, Clymer. Coffin. Cornelius, Cox, Dole, Ellis, Endecott. Fuller, Hall of Gibson, Hartey, Hill, liinchcnan, Jackson, Jones, Julian, Kerr, Kimberlin, Lanius, Legg, Iwis, McDonald. Mcltas, i Meeker, Jonroe, .Vooney, .1orrow, Powers, Roussraa, Ruby, Seawrighr, Secrest, Shanks, Stanfield, Stewart, Tomlinson, Watt, Webber, Wiley, Wilson of JVoble, and .Mr. Speaker 49. aSois Arnold, BrumfielJ, Burns, Csrr, Conduit, Cookerly, Coon, Dowling, Edwards, Ford, Hall of War. ren, Hazelrigg, Henry, Henton, Herron, Huff, Leyman, Lemmondi, Logan, Lowe, .IfcCormack, Jickle, ,1jore, Nelson, Notzinger, Osborn of Laporte, Oshorn of Sullivan, Parker, Pennington, Porter, Kiley, Robinson, Slater, Sleeth, Smiih, Stapp, Tater, Tedford, Thompson, Turner, Vandeveer, Wilson of .1arion; Wilson of SnlüVtn, Wise, and Yocum 4J. Messages from the Senate were read in order, and were disposed of as follows: A joint resolution respecting- the improvement of tbe Wabash waters, snd praying an appropriation from Coo- j grcss of public lands towards improving the navigation of western rivers; passed by consent. A joint resolution legalizing tbe acts of Henry Strickland, a justice of the peace in Greene county ; referred. An act legalizing the acts of the administrator of Lyman O. Bellamy ; passed to a Second reading. An act respecting the improvement of roads in the counties of N.ble, Lagrange, DeKalb, and Steuben ; passed to a second reading. An act reducing the annual salary of the Auditor of Sullivan county lo f 200 ; passed to a second reading. An act to authorize the holding of special terms in the 12th Judicial Circuit, (in cases where prisoners are confined in the jails of counties composing the same. ) Mr. McCormack moved to amend, by inserting " Tippeoanoe county." Mr. O.borne moved to amend, with instructions to make the bill general. It was then on motion, referred to a select committee with instructions. The bi!i to divorce Ann B. Evans from her husband. Joseph Evans ; read and passed to a second reading. Iieiolntiont Inlrvduccd. By Mr. Vandeveer, as to the expediency of mincing the interest on the surplus revenue and olber funds to 6 per cent per annum, &c. Adopted. Mr. Moore moved to take from tbe table the joint resolution reviving the fita rocc system of voting for United States Senator and other officers. Mr. Pennington moved to postpone it indefinitely but the motion did not prevail ayes 33, noes 63. The bill was then ordered to be engrossed for a third reading. The House then, on motion of Mr. Cookerly, took up the joint resolution of Mr. Clements, f.r a reduction uf the members of the General Assembly ; which wss dU posed of, (a indicated where first introduced.) by being made the order of the day for Wednesday next. The House then adjourned. ArTIR500.t SISSI05. Mr. Vandeveer introduced a bill for the liquidation of tl public debt; providing for -the issue of dollars in scrip, of the denominations of $20s, 5's, 4's and l's, bearing interest at the rate of one quarter of one per rent.; giving the privilege to the holders of our State bonds to receive said bills in exchange for their bonds said bills to be receivable in the payment of revenue) and providing for the poll-tax to be paid in the common currency, See; which wss read and pasted to a second reading. Mr. Henry introduced a bill to reduce the fees of tbe Auditor of Hancock counnty ; which passed lo a second reading. 13 y Mr. Mooney, to abolish the fees of the Auditor of Jackson county for the transfer of lands ; passed to a se cond reading. By Mr. Monroe, making the plaintitTs liable for the payment of costs in certain ca-e ; passed to a second reading. By kr. Mickle, to vacate the town cf New Charleston, in Jay county ; passed to a second reading. By Mr. Arnold, a resolution as to the expediency of making seduction a crime, punishable in the State's prison. By Mr. Clvmer, a resolution that the State Agent inform the House as early as practicable, the amount of bonds outstanding, to whom sold, when sold, Ax.; which was adopted. By Mr. Burns, a resolution, that the apportionment committee rrport a bill on that subject at early as the i3th int; which was not adopted. Mr. Clements introduced a bill to prevent wsste cn the public lands; which passed to a second reading. Mr. Seawright introducrd a resolution, as to the expediency of levying an additional road tax on non-resident lands ; which was adopted. Adjourned. SENATE. Tuesday, Dec. 9, 1945. A call of the Senate was had, and all the Senators appealing in their seat, the call was suspended. On motion, the Senate proceeded to the election of President, pro. tern. Mr. Herriman withdrew the name of Mr. Read, and proposed tleorge 1'. Hüell. Mr. Davis withdrew the name of Mr. Reyburn, and proposed A. T. Ellis, in Us stead. Messis. Zcnor and Wood acted as tellers. 21st 22d Buell, 21 21 Ellis, 24 24 Scattering, 3. 3 The itmt of Mr. Duell waa withdrawn, and that of Mr. Edmondsoo substituted. 23d 24th 23th F.dmondson, 23 23 23 Elli, 24 " Ä4 24 Scattering, 11 1 The name of Mr. Ellis was withdrawn, and G. S. Otth announced. 26th 27th FJmondstn, 24 23 Orth, 24 24 Scattering, 1 Mr. Edmoudson was withdrawn, and Mr. Akin announced. 28th 21th 30th Akin, 22 24 23 Orth, 2 24 24 Scattering, 2 0 1 The name of Mr. Orth was withdrawn, and Mr. Reyburn submitted. Mr. Bctrv of F. offered the following resolution i Wherea, the Senators present have for 30 balloting been unable to elect a President pro few., consequently Ihey can do no legislative busines j and the longer they stay, under such circumstance, the greater Ihe imposition upon the taxpayeis of the State i theiefore, Be it retolved, That the Senate now adjourn sine die j which was decided out of order. 31st Akin, 23 Keyburn, 23 Scattering, 1 Mr. Read said, in order to facilitate busines, be wouIJ propose that a committee of six be appointed, conis!in; of three Whigs and three Democrats, in order td effect S.me compromise, as there Was no hope of terminating the election without some amicable adjustment the suestioo was not agreed to. 32d Akin, 23 Rtjburn, 24 Scattering, 1 A motion lo adj mm was lost .The name of Mr. Akin was then withdrawn, Inj Mr; Lane substituted. S3d Lane, 23 Reyburn, 24 Scattering, 1 Mr. Chapman of L. morei that the Senate adjourn; which was lost. 34th 35th Lsne, 23 24 Ileybürh, 24 24 Scattering, 1 On motion of Mr. Bowers, the Senate adjourned; AFTERNOON SESSION. The members being all present, the Senate proceeded to balloting for President pro tem, which was pending at their adjournment. Mr. Read announced the name of Mr. Lane. Mr Davis withdrew the name of fr Reyburn snd announced that of D. P. Holloway. 36th 37ih .Mr Lane, 23 22 Mr Holloway, 23 23 R,-)!rinir. 2 3 Mr Howell withdrew the name of Mr Lane Snd anJ ncunced Ihe name of .Mr Chapman of L. . 38th 39 h 40th 3r Chapman, 24 23 24 Mr Holloway, - 21 24 24 Scattering 1

The name of Mr Holleway was withdrawn and that of Jr Todd was substituted. 41st 42d MrCuipman, 23 .4 Mr Todd. 24 23 Scattering, 1 1 Tbe name of ,1r ToJJ was withJiawn and Mr Zenor's t submitted. 43J 23 23 3 was 45th 24 21 Mr Chapman, iVr Zenor, Scattering, Mr Zenor'a name nounceJ. withdrawn and Mr Henry an45th 23 23 2 4B;h 23 21 1 4Tih 23 23 1 Mr Chapmnn, Mr Henry, Scattering, Air inapman name announced. was withdrawn and Mr Logan's 43th .Mr L"gan, 23 Mr Henry, 24 The name of Jlr. Henry wis wilhJrtwn and Jr Morgan of D. proposed. 4dih Mt Login, 23 Mr .l.rgan, 24 Scattering, 1 The Senate then adjourned. HOUSE OF REPRESENTATIVES. Petitions were presented by Messrs. Cookerly, Ferguson, Yocum, Cox, Turner (for a portion of AJanis to be attached to Weils) and Hall of Gibsoo ; which were referred to committees. Mr. Secrest, from the committee of Wavs and Meuns. offered a resolution, asking the privilege to employ a clerk, whenever it msy le deemed necessary ; which was adopted. Mr. Osborne reported a lilt to ealend the writ of garnishee in certain cases giving the privilege to judgment Creditors to issue a writ against debts due execution-defendants after a return of "no property;" which was read and passed to a second reading. The bill to legalize the acts of Jamea Batman, a justice of the peace of Bono township, Lawrence county, was read a second time snd passed, Mr. Webber reported a bill to sell certain lots in the town of Indianapolis; read and passed lo a Second reading. Mr. Fuller reported a bill for a divorce for Tatsy Hub bard ; wbu.b was twice read ; when " Mr. Secrent moved lo refer to the committee on the judiciary with instructions to enquire into the Constitutionality of laws granting divorces. Mr. Tullcr said this was a pecu'iar case, that many divorce bills bad paüerd, in previous years. Mr. Secrest said, that he withed the committee to report on the question, and if any new light could b? thrown on the sul jeett he would review hia present opinions. ?.Ir. Hall or Gibson said, this was a question, on which legislators and courts had differed, and no doubt would continue to differ. He thought it unnecesary to make the reference. It was not a new question and a decision might as well be made at once. Mr. Pennington had no constitutional scruples on the sul ject. He thought the present a case demanding legislative interference ; and he was willing to vote for the bill. Mr. Thompson thought the legislature should extreme grent caution in granting divorces, snd liiere was danger of abuses in this particular ; but ibe present was a case clearly demanding legislative interference. Mr. Secrest said, that our highest courts had decided the marriage agreement to be a civil contract, and under that decision, there was no doubt that a law granting a divorce was unconstitutional. Mr. Cookerly said, that legislative interference was clearly demanded in the case presented by the bill. He had no scruples with regard to the pa-sige of the bill. Mr. Baker a id, that since the organization of our Government, Ieg;s1atures had granted divorces, and no decision had been made declaring such latVs unconstitutional. It is true recent amendments to State Constitutions had restricted the power to certain speciGed cases ; which he believed was clearly admitting the power. Such a restriction had recently been mode, in amendments to the Constitution of Pennsy Ivsnia, in which same of the most brilliant legat luminaries of the country bad participated. rbis was a most aggravated case, clearly demanding legislative Inteference. A man abandons his wife for seven or eight years, goes to another Slaie, contracts mat rimony with another woman, his wife, believing she had the right so to do, in the mean time, marries another indi vidual, when her busband comes back and has her indicted for being in a elate of adultery. The motion to commit Was decided in the negative. and the bill passed by a vote r( aves 74, noes 14. Air. 1 homnson reported a bill to divorce James Hays from Catharine Hays : which passed to ternnii readins. By Mr. Baker, a bill for the relief of the purchasers of certain school land in Yandcrbur county; which pass ed to a second reading. 15 y .Mr. Smith, lor a divorce; which passed to a sec ond rending. By Mr. Arnold, a bill divorring R.inBon Gavert from Eliza Jane Gavert; which pnssed to a ffecond rending. Uy Mr. Clymer, a bill establishing a Mate rond in the counties of Llkliart and St. Joseph; winch was twice read and ordered to be engrossed. The bill td authorize the auditor of Gibson to make a deed was ordered to bo engrossed. The Sneaker laid before the IIone thn annual report of the directors of the State Bank, 500 copies of which were ordered to be printed : nlso, The report of the Commissioners ofthe Sinking Fund; 500 copies of which were ordered to be printed ; aUo, A communication from J. 31 orrnon, Jacob walker ana P. Drake, commissioners of the Sinking Fund now at Indianapolis, asking an investigation of their conduct, in consequence of charges and Insinuations made against them by a lending newspaper at Indianapolis. Messrs. Cookerly, Hall ol Uibson, Mapp, Leyman and Lanius were appointed a committee on that subject. Mr. stickle moved that Mr. mooney oe aaueu to tue apportionment committee. Mr. Cookerly moved to smensi, oy also adding tne name of Thomas Dowling. Mr. Clymer Imped that the original motion wcuia pre vail. The committee already appointed had spent severl evenings in the arduous duties devolved noon them. The object of having Mr. Mooney sppnintcd lrom the State at large, wns in consequence of his knowledge of the southern part of the State, which knowledge would grenlly facilitate the conimlttee in its labors. Air. 1 liompson trusted tlte motion wouia roi prevail. He bad no objection tn Mr. Mooney; but no section of the State should have t lie preponderance on the commit tee. Mr. Siapp remarked, that öS Soott as the committee should report Ihat ihey could not agree, lie would give the party opposed to him, a preponderance on tna committee. Mr. Ilazelring moved that the motion and proposed amendment be laid upon the tablo ; which motion pre vailed, ayes J7, noes 32. Mr. Henry offered a resolution as t the expediency of abolishing the office of common school eiaminers; which wss adopted. Bv Mr. Stanp. as to the expediency uf reporting a bill authorizing the issuing of writs of ne txet ; which was adopted. By Mr. Dowling; for the privilege bf the use of the Hull fir Mr. I'iimell to deliver a free lecture on this evening; whir.h waa adopted. Hy Mr. Col, ns lo the expediency of abolishing the office of State agent, and having the duties performed by the Secretary ol Slate; which was adopted. By Mr. Lowe, as lo the expediency of having the journals of the House so printed and rtiaJe out, as to have the expense lessened and the journals better understood. By Mr. Wilson of Marion, as to the expediency of having the jurisdiction of justices of the peace extended to two hundred dollars, in civil cases ; which wm adopted. By Mr. Nofsingcr, as 10 the expediency of abolishing the office of school commissioner, 5tc ; which was adopted. . By Mr. Webb, as Is the expediency of reducing the fees of recorders ; whith ws not adoptd. By Mr. Thompson, as to ihe expediency cf county Ireasurers acting ex eficio as county assessors. Objection being msue, . Mr. Thompson said, this was a mrre matter of enquiry. He believed it had merits, and hoped it would be adopted The resalution was not adopled. P.. Jfr I.nwu. makinsr an enduirv. tthelber any further legislation is necessary, in relation lo ihe aeteral trust lunds of the Stale, essrs. Lowe, Coon, and Hill, were appointed a com mittee on that subject. On motion of Jr. Baker, the vote on laying the reso lution of .Mr. Clements, for a modification of tbe law, confining voter to thfe'ir townships, wm reconsidered, snd the resolution adopted. On motion of .Vr. Cookerly, the resolution appointing Ihe Door-keeper Sergeant-abArmS Was reconsidered. Mr. Beerest moved t amend, by prolJidg that bo addi Uonal compensation shsll be allowed. . .

V oliimc Y::::::::nXnnibcr tit. Thompson moved that the resolution and amendment be laid upon the table; which was subsequently withdrawn; when Mr. Lowe remarked, that be was in favor of ihe amendtnent. If any extra services should be required, compensa (ion tou'il be allowed liy resolution. The amendment was then adopted. -The resolution, as amended, was then adopted. .Mr. Hall of Gibson olH-rrd a resolution, giving ibe ns of the Hall on lo-morrow, at Slate Sa'ubath Convention. Objections being raised, Mr. Hall moved to I iv the two o clock, P. M. lor the resolution on the table, for the present, jn order to give members time for n flection a large number of Delegates wou'd be present, st the Convention, from different portions of the estate, and the Hall of the House would be more convenient for the meeting than any other building. . 'The resolution was laid on the table. The Hours then adjourned. AFTERNOON SESSION: Mr. Osborre presented aj jint resolution on the subject cf(!'e Michigan city harbour: which was read a hist and second times, and if feried to a select committee. By Mr. Stanfield, a j iat resolution on the subject of the St. Joseph river) which was twice read and referred to a select tommittce of Mews. Stanfield, Smith and McDoualJ. By Mr. Vandeveer, a bill providing for the election of a county surveyor in Oracge county; which pased to a second rtadbiR. By Mr. Wilon of Noble, to extend the act to provide for a more efficient mode ot expending the road tax ia Noble and Lagrange; which was I wire read, and, on motion of Mr. Seciest, rrfened to a select committee, wi.h instructions to make the law gcneial. liy Mr. Carnan. fjr the relief vf ceiUin persons"; which passed to a second reading By Mr. Cookeily, O amend the Revised Statuses; which fciiiet) to a kecond reijir . By Mr. Webber, to repeal a portinri rT the law extending the time of payment to ihe botrower rf the sinking, suinlus revenue, and saline fut.d; which parsed lo a second reading. By Mr. Harvey, to ptosciihe the mode of summoning and empanelling grand and petit jurors in iiendiicks county; which ase4 to a second reading. By Mr. Thompson, lo change the time of h-jlding the probate court of Perry ccjnty ; passed to a second reading. By Mr. Taher, 10 amend the Revised Statutes, in relation tu affidavits of eseeutljn-plaintill-; pascd to a aecucd reading. Also, a bill to amend the act fivinj the times of holding com U in the eighth judicial ci.cult ; passed to a second reading. liy Mr. Stapp, a bill to encourage manufacturer, providing for companies of five or m te rcrons for mauufjctu.iug purposes; which passed to a feeond reading. - By Mr. Sleeth, to amen) the Revised Statutes, so far as relates to the fees of gnatduns; pised to a second reading. Ordert of the Day. Th j int resolution reviving in part a certain act therein named, (providing for a viva vuce vote for United Slates Senator) was read a third lime and passed, ayes 47, noes 46. Tbe bill to change the time of holding probate courts in Dubois county, was read a third time and passed. The I ill to legalize the acts of John Nixon, school commissioner of Washington county was read a second time and rcfi-rred to the judiciary committee The bill for the relief of the heirs of William Pinney of Oranee county deceased, was read a second time and re ferred to the committee on claim. The joint resolution on the Subject of inlandseas was tead a second time and referred. The joint reso'ution in relation to the claim of Col. Francis Vigo gaint the U. S. was read a third lime and parsed. The bill for the relief of the purchaers of school landi in Hanison county was read a second lime and referred to a select committi e. The bill to resirict tbe operation of an act in relation to county commissioners acting as boards of library trustees, so far as Vanderburgh county is concerned, was trsd a second time and passed to a third reading. The bill to provide for the liquidation of the public debt by the issue of one quvrlcr or one per cent, treasury notes to be exchanged Tor State bonds ; which was read a second time; when Mr. Moore moved tbst the bill be indefinitely postponed. Mr. Vsndeveer thought gentlemen were too basty in disposing of this question. He thought every member should have the privilege of submitting his views in the sSspe of a bill ; then let them be referred to a committee, and out of the whole some plan miirht be devised. The bill was then referred to the committee of ways and means. The bill in relation to the fees of the auditor ol Hancock, county was read a second lime and ordered to a third reading. The bill 10 abolish the fee ofthe auditor of Jackson county for the entry and transfer of Und was read a second lime ; when Mr. Osborn moved to refer the bill to a committee and that the provisions be made general. Messrs". Osborn and Thompson contended that this entry and tranfer was for the convenience of the officer, as it was made the duty of purchasers to have their lands transferred, before they cmild be recorded. Messrs. Hnzelrigg and Vandeveei were opposed lo the law being ma le general, ns the auditors of their counties received but one hundred and fifty dollars. Mr. Osborn withdrew his motion to commit. Mr. Serrest toped this species of special legislation would be abolished. His county had special laws different from Others ; but he came here to lay ihem down on the altar ol the public good. He wished he had a volume of the local laws to exhibit' them to the House, to show thoir great preponderance over those of a general nature. He hoped now, rit this period of ihe session, all spbeial legislation would be abolished. He therefore moved that the bill be referred to the judiciary committee, with instructions to enquire into ihe expediency of making the provisions of the bill genernl. Air. Stapp did hot wish to bear heavily on the gentleman from Jackson ; and he did not know Low to vote He then went into an argument to show the great impropriety and expense of spt-cial legislation. Mr Lowe said, that a list of lees was not to be found in the Revised Statutes. He hoped the duly of making out such a list would be assigned to some committee, when this subject could be pi.operly acted upon. lie was in lavor ot committing me diu. The lull was then committed. The bill to require plaintiff" to give security K.r edits. in certain cases, was re id a second lime and committed. Tim bill to vacate the town ol New Charleston in Jay county was read a second lime and passed to a third readin?. . , . The bill to amend the Revised Statutes, relative to trespassing on the lands of the United btates was read a second time and referred. The bill to provide frit the Improvement of roads tu certain ronnticS Was read a second time; when Mr. Cookerlv moved 10 reler to a committee witn a view of making the law general ; which motion prevail ed. The bill reducing the salsry of the auditor or bullivan . . .... r - r county to thrfce hundred dinars, anu sdoiimi me ice 01 twelve and a half cents for the tränier of lands, was read second time, and ordered to a third reading. The bill to authorize the sale of lands belonging to the estate of Lyman G. Bellamy, deceased, was read a second me, and ordered to a. third reading. The bill to divorce Ann D. Evans from Joseph Evans, was read a second time ; when, Mr. McDonald moved to suspend the rule and read the bill a third time nnw. He made this motion in seriousness. From the disposition he had seen manifested. Ihe best pol icy that could be pursued, lo ssve time, would be to pars sueh bills as soon'as ossible. In relation 10 evidence, it wss generally good reason to believe that parties did not live agreeably, when an application was made by one cf the parties for divorce, lie Iben withdrew his motion lo suspend the ru'e. Mr. Stapp hoped the bill would pas on onin to-morrow, when the evidence, which was ndw in the Senate, eou'd be obtained. If he understood the history of this question right, a divorce was not necessary, for it appeared ihe man to whom the lady waa married, had been previously married in New York. Mr. Thompson thought ihe gentlemin from Jefferson wss mistaken in his views in relation to the necessity ol obtaining' divorce, on the pari of tbe woman here making application, as this was one i f the cases set forth in ihe Statutes as affording sufficient ground for a divorce in our courts ; but as this worrisn was in indigent circumstance, and nnable to bear the expenae attendant lipon a irial, be hoped ths bill would bo laid on tbo tahle, until ihe evidence could be obtained from the Senate. He therefore made that m-.tion ; which prevailed. The House ihen adjourned. SENATE. W rmcs a st, December, 10th, 1845. The Senate assembled: The Senate: on motion, proceeded to halloting lor Preaident prd. tem. The names of Mr. Login nj MoN gsn of D. were re-annouieed. fioth. 51st.' bli. Mr. Logan. 24 24 24 Mr. Morgan, 24 24 24

Mr. Logan n withdrawn and Mr. Berry of M. ancounted.

S1J. 54h. 55th. ?6Ji. -57th. 48th. Mr. Berry, 24 24 21 24 24 24 Mr. Morgsn, 24 24 24 24 24 14 Mr. Read was then substituted in plscfc of Mr. Berry. 69ib. 5Jih. 51st. Mr. Read, 24 24 24 Mr. Morgan. 24 24 4 Mr. Zenor prorosed the 20.!;ii7ulf'Mjemr',Kdlb wso compromise m. Mr. Lsne recretled the in1.;';i. itI lbouSnt lhr might without e ther party yielding, be a conclllalory mcsCre dopted that would terminate the j further cfljrt to elect a President. He would be wilj ,inS bi8 houtd "orcopy the chair during balf the re- - ult,,"nS kmoii "i uemocrat toe other Half. Mr. Dsvis said, be considered the whia- part were nni responsible for the delay and waste of Um, a ther had no sgency in creating the vacancy. On motion cf Mr. Edmonson, the Senate sojourned. irttRHUOR SESSION. The Fcnate asscmblrd, and stain renewed the ballotings for Piesident Art tem. The candidates were : reuewed ; Messrs. Read and Allison takine the rdara f , Messrs. Berry and Morgan. 1 - - C2J 63J Clth Mr Read, 54 24 4 Mr Allison, 24 24 24 Mr Kesd was withdrawn and Mr Buell substituted. 5ih 66ih 67th 68ih 6ih MrBoell, 23 24 24 24 24 Mr Allison. 24 24 24 24 24 Scattering, 1 Mr Buell waa withdrawn and Mr Parks announced. TO.b. 71st 72d Mr Park, 24 24 24 Mr Allison, jj u 4 Mr Berry of M, offered tbe following resolution : Wbekkas, In consequence of a failure, up to the seven ty-second balloting, toe.ecta President re tem. for tbe Senate, therefore llciohed. That the Senate will, the House concurring therein, adjourn to mnrrdw morning tine die. Mr Lane advocated an immediate adjournment; it is an imposition on the people to remain here doing nothing. The Whigs have refused the most reasonable offers tit compromise that could, consistent with bur independencc, be proposed I Mr Davis thought the Senator asked far too mnrh , however disposed we are to gratify him and his friends, wc cannot do it at so "n et a sacrifice. We have bad no J agency In occasioning this vacancy. It was done voluntarily by the opposition. Does "not the responsibility n-si wiui iiitiii to mi u njninr 1 ne senator is unreasonable to call upon Us to make such a verygreat sacrifice to remove an evil which they have created, ond which they can so easily remedy. The reasohable otTer the senator speaks of was lo place several names on pnper snd the peräon drawn should be the Speaker j a spec ies of gambling we cannot accede to. Wc have made a more reasonable overture than the one the Senator alludes to. We presented them 25 senators nnd proposed that they should select from them wboeier they chose; this they treated as every fair offer ol compromise vVe made them. Mr. Chapman of L. thought they were succeeding admirably. They came within one tit electing every time. After some five or six motions successively, to adjourn, tho Senate adjourned. HOUSE OF REPRESENTATIVES. Wtnstiölr, Dec. 10, 1S43. Mr. Julian preented a petition for the abolition t.f eapi'al punihment, piving reasons against punishment by death which was tefened to i select committee of Messrs. Julian, Wise arid Legf. By Mr Logan, a petition in relation to school commis sioner of Pike county; rt feried to the committee on education Bv Mr Hall of Wairen. tot ä road fiom Vil1iamDort to Foun'iin county ; reTcHed t i a select committee. By Mr. Fercuson. to change the time of holding eonrts. By Mr Paiker, of Thomas Daniels and William Daniels, for relief, in relation to an ftare. By Mr Chambci, cf Samuel Wilson and others, to change a county road into a State road; referred to a select committee. By Mr Cookerly, of ritiiens of Vio.tn relation to a certain school eetin ; referred to a uelect committee. By Mr Baker, for the incoipVuation bf a medical society; which was lead and laid on the table. By Mr Tomlinson, in relatiod to fee of county treasurer referred tn judiciary committee. By Mr Dowling, for the incorporation of the si-ters of Providence ; refr rted to the committee on education. By MrMickle.in relation lo school lands ; referred. By Mr Lowe, for the sale of certain saline laiids ; referred. By Mr Biker, for the relief of William Carpenter; rtfened. The Speaker laid before the House a communication from the State Bank, containing the amount of dividends declared by tbe several branches ; which was read and 500 crpies or (Je red to be printed. The bill in relation to tbe jurisdiction of justices of the peace in Lake at.d Poiter, was repotted back wi;h an amendment, which was concuned in. Mr. McD-mld moved to suspend the itles, and read the bill a thiid time. Mr. Osborne of Lnpaife objected lo such hasty legislation, at his constituents Were interested in the matter. Mr McDonald did bot wish any undue advantage. His constituent wUhed i repeal ofthe law of hit winter. They wished the general law revived. Mr. Osborne rrioved to recommit the bill to the judiciary committee, with instructions that the law shall take effect from a d after the filing of the hw in tht cl?ik office, which Mr McDonald consented f-hould be incorporated in the bill ; which was done, when the question came up for dispensing wiih the rulss. Mr Stdnp in favor of making the law in reference (0 the collection of debts general. His constituents bad instructed him to procOte the passage of a law making debts collectable in the township where contneted. But should a genial law conflict with those instructions, he would vote for It, for the sake of having our laws general. He therefore hoped the bill would not be passed until this question was settled. Mr. McDonald hoped the bill would be suffered to pass, arid he pledged hinvelf to suffer biJ bill to fall in the other House, hotild a general law be passed different from the law as it now exists. Mr. Clymer laid be believed that nineteen out of twenty cf the people of the noith were in fat Cr of the general law as it now exists. Mr Vji.d;verr hoped the gentleman would withdraw his motion to supend the rules, and let his bill pa-s on to the action of Ihe Houe. He would vote for the bill when it should corhe in order for the action of the House. Mr McDonald withdrew his motion, and tbe till was ordered to be engrossed. Mr Seawright presented a petition for further time for Ihe pjymrntof loans to the diffeiei.t tiust fuuds; which was referred. Apportionment. Tbe liou'se now, arco.ding to oider, icsolvcd üself into a ebmrriittee ofihe wh le, oh the joint resolution filing the number of Senators at ?1, cbd Repicseotative at 63. Mr. Ilazelring movid to' amend so as lo fix the number of Senatois at 37, and Representatives al 75. Mr. lYhningion had thought much on this question. He was in favor or a reduction ; but he saw a difSculty in the way of such reduction, fr by it, some senators would have to bo legislated out ol office. In the rapid Increase of population, many counties would have to loa their present representation. On a survey of the whole ground, he believed it would be better to let the law remain ns it now stands. He was about moving thai the committee rise; but fit the suggestion of Mr. Stapp be did not make the motion ; w hen Mr. St;rp moved that the apportionment committee be instructed to report a bill leaving the number of senators blank and representatives blank, snd asking postponement of the joint resolution under consideration. Mr IiaTflriffir nnnnscd the rrnposition of the renlleman from Jefferson and favored his own amendment ve to 37 snd the House to . Lnder this plan there would be thirty-seven counties that would send one representative carli, and Wayne two, ana 01 counties that wouid not send a member, that vould be entitled to twcntv-lhree members: fceveral or the counties under this plan would bfe entitled to a sliding member. He could not consent to reduce the number of senntors snd representatives to 31 and 02, Tor members under this plan would represent too large districts of counMr; Clements favored a reduction and said, thai this question must be decided before ihe apportionment committee could act. He believed a reduction was demanded by the people. He believed the number could ss well be Settled uw as al any other period. In order to accommodate gentlemen be wtuld aeeepl the amendment of the gentleman from Bone (Mr. Ilszelrigg.) Mr. Webber saw srl ejection to the proposition under consideration, grow ihg out bl the terms for which senators were now elected. Mr. Cookerly moved to amend ihe resolution, by striking out 37 and'75, and Inserting 32 ayd C5. Mr. Cot had beard no complaints from his county, which he believed paid as much tax as any other. He btlicved the districts would be to large, and legislation would prorfes more rapidly as the two houses are now constituted. i i j Mr. Cookerly said, Iiis constituents had demanded a reduction. Legislation would progress more rapidi J . ..11 1. nro reonomicallv. 1 lIt iv anu 111 an inpn - ... . . -i; i..iii. bound to economise in every particular where It tould be dMr. Carr said, there wss one question to U settled l.ef .re action could be had oh reduction. It was, whether wTeSld mak. it bear npon the S.n.te, w.-hout k,ng the number of that body too larSe for il. I loose of KenresentaTive.. If this qlswlio. !,-s 11 ,d b Very ey 0 settle the questioh bf reduction. Alr.Coi again urged the propriety or continuing tb, number of senators and representatives as at present. II beliered the people did not demand a reduction. Mr Clym.V s.id, that if lh. -number of senators could be fiiad it thirty seven and tepresetitatiTM at seventy;