The Western Register and Terre-Haute advertiser, Volume 3, Number 44, Terre Haute, Vigo County, 11 January 1827 — Page 1
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:RN REGISTER /y jy _AUTK ADV KCT IStMl, *, at, Tftfp-JIuul{», Vigo Co 'dne$d ii^.a| 1 \v O'JJUA^ j»ep paid iiTtdfoiiih! i'*$ dollars •ii pui v.htti U»e vi!\nn« lctcd OJ\ thfC il fty *tv. uui /p^s,,rtiV6 been
lubacripliu '.vilibe ?is!ontir»at tlus "option "of the editor) foarages nre paid.
TISEMEJSTS. %v.RI to coninserted at oun dollar pei ^three week?, and twenty-five uare for each subsequent in11 Advertisements wtii be until they arepaid for. llowing gentlemen wiU please "agents for the Register they iberally remunerated for any phey may render.
Patton esq.
Messrs Collett $ Hill, k—S. Lusk esq. -Joseph Hayes esq.
Wallice Rea etq. Mills—Francis Dickson Jr. ville—Isaac C. Elston# fin Crumpton.
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ie—Vim Smith. *3% »Col Thos £mith. *~Wm Kilgore. 'I lamuel Colman esq. "V Job Baker, -Wua. Mieure —Seth Rdddick esq.
MINUTES"
?HE PROCEEDINGS OF THE
iana Legislature.
SEVENTH SESSION.
OF
REPRESENTATIVES
~-*S\
cember 4, 1826
^tion was made and a resolution by'Mr. Lewis ot VVajne, for ,tion of a principal clerk, with fepensation ol seven dollars per lad that no other clerk should be rid. Mr. liillia asked (lor inforn,) what was the object of the of the resolution?—Mr."Lewis fved that it would be saving expand the duties could be equally Ml done. On the vote being taken resolution was laid on the table, |k£d the house proceeded to the election «»l a principal and assistant clei U—Mea-
H. P. Thornton and J. \V. JLanier ,1|5ere elected without opposition, The house then proceeded the deepen of a door«keeper, and after four balloting* in which Messrs, 'l evault arid Ward were the most conspicuous candidates, Mr. Ward was cl« ud*f\,
After some discussion the hotise rocceded to the election of an enrolng clerk. On the ^first'ballot Harvey Scrivner received 15 voles—Henry 11 Talbot 14—Rollin C. Dtxyay 16—and Win. U. Morris On the 2d ballot Scrivner received IS votes, Talbot 22, Dewey 1? and Morris 4. Ou the 3d ballot Talbot received 31 votes, Dewey £2 ar.d Scrivner 4. Henry It. Talbot hiving received a majority of all the \otes given was declatcd duly elected*
December 5.
Mr. Craig now offered ihe resolution relative to the Governor, it was on a motion to lie on the table.
Mr. Ferris offered a resolution on the subject of perpetuating evidence ot iecords of Dearborncouuty that were destroyed by fire, Messrs. Ferris and Alley appointed a committee. [The balance of the tuy was consumed in debate cn Mr. Craig's ltesolu-t'oo-j
OSfOSlM ST TKREE-HAUTE, VIGO COUNT!, INDIANA, J&NCARY it, I8BT.
hadfmiverspoken any thing to bin on tho subject. Mr. Johnston of Knox offered a resolution that'a committee be appointed to wait on James B. Ray t£sq. and inform him of tbe subject before the house, relative tii his having vacated the office of Governor, in consequence of having acted a* commissioner, to treat with the Indians, and allow him the privi lege to appear {and defend himself ia person or by counsel, and that he be furnished a copy of the resolution tie* fore the house, and that he might have tfie privilege to lay before the house, any evidence he may have ou .the subject*
v«*
Mr, Sweetser observed, he had thought the House was wrong altogether, in the present investigation—that the subject had not came up properly, —but, said be, if tbe question is to be deeided whether he is Governor or cto (Governor, let him come in and defeod himself-—if he hai erred and violated the Constitution we should cast him from office: but $1 without givingliiui an opportunity of defending himself— we should respect the office if not the man who fills it Mr. Stephent was willing that the Governor might appear and defend him«elf.-—The resolution was adopted.
Mr. Howk presented a memorial relative to the estate of Thomas Uullit. Messrs. Craig and Bullitt presented petitions relative to school sections. Mr. Reed presented a petition attaching a part of liaviess to Lawrence county, which, at his request was laid on the table for the present. Mr. Ferris presented a joint resolution relative to Salt Springs. ^Mr. Hayes offered a resolution that the committee on the Judiciary be instructed to enquire what alterations are necessary in the act regulating the mode of doing county business. v/
Mr. Stephens offered the following joint resolution which was read and laid on the table:
Be it resolved by the general "assembly of the state of Indiana, That ©nr representatives in congress be requested, and our senators be instructed to nse their best endeavors to procure the United States' laws, on the subject of fugitives from labor, to be so altered and amended, that it shall be obligatory on those who may claim any such fugitive, to procures proper writ from the proper legal authorities of the state to enable the claimant to arrest such fugitive, and that such fugitive, when arreted, shall have, under proper restrictions, the right of trial by jury.
Be it further resolved, That our representatives in congress be requested, and our senators instructed to use tlveir best endeavors to haie the judiciary system of the United States, extending to ail the state« of the Union, equally, or have the vhole system repealed. And that, in all cases, it shall require, at least, two thirds of the Judges of the United States Supreme Court to agrt before they can declare any constitution or law of any individual state, unconstitutional and void.
No ^dupe to party tool «f power"—Nor14 slave to Minions of an hour.*'
Be it further resolved, That our representatives in congress be requested and our senators instructed to urn their best enoeavtxs to have the constitution of the United States so amended, that the President and Vice Pip»ident of the United States shall be elected
directijf
December 6.v
Mr. Craig, in ejplainiig the remaik fi'e made oh vpRteruev—that he bud the opinions of gentlemen of the first legal abilities on the subject of the Govej nor having vacated his office—it had been int'mated out of doors, that one of those gentlemen was Judge iilackford —On this subject, he-observed, that the assertion was entirely erroneous, and solemnly amred that Judge JUlackfutd
by the people.
Be it further resolved, That our representatives in congress be qtested and our senators be instructed to u*e their best endeavors to have the constitution of the United States so a mended as to render members of congress ineligible to any office within the gift or nomination, of the President of the United«States, fduring the Vvhole period for which such member thall have been elected and for six months after.
Be it farther rggoU't u, Tlmt our representatives in congress be requested and our senators be instructed to use their best endeavors to cause the g-j.
mi/iff instruments $ apparatus of Ihe United States
to be sold or destroyed as
property tbr which tbe nation has ao use. And that bis excellency the Govern
Retained to nuA my coj^missioa
"Apportioned to different roads including old balances
Paid commissioners drafts aud now reported
_&J£>
or be, and tie is hftrUby1 •requited to transmit a copy of these resolutions to each of our representatives and senators in congress*
The speaker laid before the house, the petition of John Brown, contesting the election of Lewis Roberts—which was read and referred to the committee
oji
elections. By a comma nicatioo from B. Biythe Agent of the three percent fund addressed to the Speaker, the following appears to be the present situation of the same.
Received from the former Ag*nt April 1826. IJ1&Q 02 From {the U. S. Treasury, 1826,
$7176 97
6256 99
189 13
1778 86
3805 74
Balance jg497 1ft The following extract is taken from the annual report of the Agent of the three per cent fund: *Aa act of the last legislature required me to pay ^ove* to Ashbel Stone for the use- of the road between Indianapolis and Rushville gtOOO, to wits £500 out of (the'then) future appropriations to each of the roads passing through Brookville and Connersville after satisfying all prior contracts and assessments for damages: all demands have been paid on the Ii.ookville Road and the balance two hundred and seventy-six dollars thirtyseven and a fourth cents paid Asbel Stone, it will require to pay the damage* on lhe Conntrtville road the greater part of all its unapportioned balance of the 100,000, it is presumed that some years will elapse before any aid can be had from that to the Rushville toad.
Report of the Agent for #the State at Indianapolis— Ninety-nine lots relinquished on which had been paid £619 00
Twenty-five ^V! do. on which transfers of pay• menu were m- fiJst K* plied, 1887 52
Interest on £?,
that sum ^594 451% 1 lot ou which but one paynt was made, "ff, 22
Interest
Whole amount #M11 91
Balance in fa.Of of(U,.Ul. JTo complete *2 the paymeuion the above twenty'five lots there has beeja^ paid in c*s!i,«
83$r 43
To complete one payment on the I jt ubave,
Amount re*
Reived in ca^h, Fifteen lata have been paid out under the provisions of an act approved Jan 20, 1826, amounting to
Sixty-sulots have forfeited on which bad been paid (including a lot above noticed on which in transfers & 60 cash have been received, for the third payment)
1635 90
I
fat9*
*£*$% 8 W 10
In cohcltifSio* I wouli Remark that it would te well for the interests of the sfeU* (3order auotlier sale "of oat lots
'Ik
Lvot. a NO.
*44
olo the liorth and south of tboie ait oady them off in squares to con* tain four time* the quantity of those already sold, which cau be clone by ten, minating every second street. Wood is becoming scarce.^—The state owns all the lands around the towa, ond if the citizens cannot purchase timber laud, many will become trespassers and I'cansay on experience that tle lands around town when stripped of, the timber are much Jess vatuable.
Mr. Gray presented a resolution that the committee of ways and means be directed to reporta bill, at an early pe* riod of the session, changing the, rtev«* cue system from the prcaeat tq au &d* valorem system. J*' If Becember T* a
Petitions were presented by Metlm Jacksn of Vigo, Levenworth, Baseutt, Kichardson. Johesoa of Roox and Lair* is of Iraiiiilin relative to ^Uraiuiug ponds in go ccu«\—-to thangv ?!i^ *oad from Indianapolis to Wathi ington near Arnold'fc^MilU—to relocate the seat of Justice of Crawford county •—Mary Ferrin for a divo.ee—ef the citiscfiB ot Posey county relative to? u# form companies—and letative to s^iiroi section in 16, It. 2.
Mr. Reed from tlie committee ofeieotions instructed to enquire ioto^ the tition of John Brown contesting the e* lection oi Lewis Roberts, now reported thatit was the opinion of a majority of that committee, that Lewis Roberts, a. member from the county of Lawrence, is not entitled to a seat in this—house asd on the documents being read, it was moved that the house coucur in the ifr port of the committee:
Mr Craig, as one of the majority of tbe committee, was in favor of vacating the seat of Mr. Roberts—He said there was sufficient evidence that there were illegal votes given, sufficient to have changed the election—that he conceived thisgood ground for ji contest—that it was immaterial who received the: votes: It was imposaible to knovr who persons voted for—there was a dillerence of opinion with the committee as the term mal-conduct—the taw ^reg* ulating contested elections, says, there shall be no contest for an election for representative, without a proof of conduct en tbe part of the judges, 4^ holdtndg the election —he considered this as merely improper conduct, aht not criminal. He contended that thei% were a sufficient number of illegal votes proved to be given to alter the result of the election, theroisgood grounds lor a contest. lie said that he,, iutuself 4-tfS well as moat members of this hoi&e) had no doubt received illegal votes, but uoi efficient to effect bis election. IS
Mr Bullock contended there was rto evidence that the 'votes given would have changed the {elettion—4bat there must be proof of corruption —that he believed that by the term mal conduct was meant corrupt conduct. Any honf®t decision a judge mtjy make cannot be considered mal conduct If a voter should commit perjury in procuring a vote, it cannot be considered mat-con* duct in the officer who holds the election. He observed that he considered the terms mal-conduct and corruption, almost synonymous. These were some of the reasons as one of the minority of the committee, which induced him to believe that the seat of Mr. Roberts should not be vacated.
Mr. Sweetser said the house wfere aeting on the principle, whether a number of illegal1votesgiven at an election «u£ trcient to alter the result, should be considered sufficient ground for a contest. He observed the house were about to establish this importantprecedent 9£j,.i'
Mr. Johuson of K. said that according to the statute no election shall be contested, unless there should be proof of mal conduct on the part of the oftb cers holding such election He considered the meaning of that term something iike this Where any individual should apply to tbe judges of an election for a vote, and should be object ted to by any^j person present (which the law says is the right of every person) if the judges should, undetfv these circumstances, admitthe persoa? to'vote witliout being sworn, they wouUt? be guilty of in iJ0.|th^