Western Sun & General Advertiser, Volume 21, Number 48, Vincennes, Knox County, 8 January 1831 — Page 2
craor's Message as relates to Sunday mails be referred to a select committee. Mr. VniaitT offered the following resolution: Resolved, That the committee on Education be instructed to inquire into the expediency of so amending the law on the sale of school sections as to allow a majority of the presons present to sell h e sarr c Mr Ferris briefly advocated the reoiu'ioa By the present law it is ncCsary that a majoiiiy ot the whole votes be given in favour of a sale before it can be authorised Every individual who does tiot attend and vote is considered as being opposed to the sale. He thought the law should be so changed thai a majority of those who vote shall be compclinl to authorise a sale
After being amended, on motion of Mr. Fxnlkt, by adding the words, "due fij ice having been given of said election," the resolution was adopted. Mr Loo an offored the following resolution: Resolved, That the committee on Military Affiirsbe instructed to revise the militia laws of this slate and add one ad litional company muster in each year, and thai this House will provide by law for the printing, distribution, and delivery of such law to every officer in this Hate who by law may be entitled to a copy of the same Mr. Cruhr proposed to amend the resolution by striking out that part which provides for an additional muster. Mr Wallace of J moved to lay it on the tab'e lor the piesent- He was not op posed to the object contemplated by the resolution; but as it was probable there V? ouid be a general revision of the laws, he thought it unnecessaty to make pro Vision for a part until the Legislature hill have determined with icgard to the whole Mr. Wallace ot F. was op posed to laving the resolution on the ta b!e. and he was also opposed 10 the pto posed amend -neni. As t the revision end publishing ot the militia laws, he did not think i was necessary to a it for ihc vision of thuciul laws I hi y Wei e distinct subjects He -poke of the increase ot officers in the state, of the Bcarcuy of the militia laws and tht dc mands for them, and of the necessity -l re ising and publishing them He was in la our of anaidi iona? mustei, and he hoped vhe House would now settle the question Mr Hail made some obser Tattoos, the purport of which was that be considered it piemaiuie to act on the subject until some mode of revision Was pointed out until the Legislature should detetmine whether they would make the revision thcmselvts, or procure it to be done. The motion to lie on the table having failed, the question was taken on the amendment proposed by Mr. Crume, which was to strike out that part which provided for an additional muster, and was determined in the af. fli ;n itive by the following vote: Ayes Messrs Armstrong, Beard, Bv inly, Du!sell, Clay pool, Coffin Craig, Oune.D ck.er, Dowden, Dumont, Eliion, Fnis. Fmlev Gailetely. Gardner. Hall, Hamilton. Himkms, Hendricks, llilb-v Hoiman, Hoover, Kinney, Long, Li v vie N o v, O eis, Paddacks, Po lot k.R edof D k M , S mans, Skeen, a.ip . Work, Wo ih, Wright, atu' Z 1 nor 38 A,r Messrs. Bell, Butce, B on, Ca-.-.v. ieverwurih. Lgan Lynd. M V v rs Pa ki, Pitchei, R-id ot F, I? :. e Kiiisei-t Schoonover, Soilt i-.ji't, Wallace o F, VVailaoeof J., ..! H'wk Speaker -20. . 'u. rejiunon as amended was then ado;K d M- Elliott offered the followirg resv w.iich was adopted: Ht solved. That the military com nittee he usiiucled to inquire into the expt r ncy ot so amending the taw regu Zat the collec'ton ot conscientious fis .'id nintia fines as to take it irom tin --it riff and give it to township officer:. Mr Holman presented a joint resolution ot tot General Assembly tor a tU'npike road from Lawrenceburgh to the southern bend ot the St. Josephs; TToich tvasreau and passed to a second; reading. M. H all introduced a bill to repeal cettain acts m Gibson country, which passed to a second reading. M' Hooy&k introduced abill for the beue sc. uimgto the several congresoional townships the rents and profits of che 1 6th section therein, which passed to a second reading Mr Garbxf.r introduced a bill to nuth oixe the j ulge of the Ve-million Circ uit Court to hold a spiCial session, tvnich wis read three several times and passed Mr Galletelt introduced a bill for the appropriation of money to assist in bui ding a bridge across Eel river and for other purposes, which passed to a ser jrd reading iM" Hanzins introduced a bill to au th-iz-r the erection ol a bridge across IVhvew.iter river in Fayette county, hich passed to a second reading This bill provides fot the appropriation ol gaOJout of three percent fund tor the election of a bridge under the au thoiityof ihe board of commissioners Two or three hills received a second reading, and were committed to a com Biit cc of the whole The bill for the appropriation of moCey id in hui'ding a bridge across th B 4 F rk of "alnut, and to inprove cariitian of Eel mer, was rcsd a
second time. Mr. Wallace of J. rr.oved to commit the bill to a committee of the whole for the purpose of amending it. This motion was opposed by Messrs McNary, Reed of D. & M., Dumont and Boon, and supported by Messrs. Wallace of J., Pitcher, and Ferris The motion was supported on the ground that several demands would be made for appropriations and it would be good economy to combine all into one bill; and it was opposed on the ground that every proposition ought properly to stand or fall on i's merits, and that the effect of committing it would be to tnve it clogged with such amendments as woud inevitably deleat it, however meritorious it might be. I' w as conten ded that the bill under consideration had merits, and that its demands were reasonable The bill was, on motion of Mr Fmley, laid on the table. The bill providing for the appropriation of 8300 to the building ot abiidge across Indian Creek in Switzerland county, was read a second time. Mr. Hillis moved to commit the bill to a com mittee of the whole. Mr. Fet ris movtd to lay it on the table, for the purpose ot having it taken up with the other bill on the same subject which had been laid on the table. Mr Dumont opposed the commitment of the bill. It was laid on the table.
IN SENATE. Saturday, Dec. 1 1. The President laid betote the Senate the following communication from the Governor Indianaiolis, hid , Dec. 10. Hon Mil i on S i app Piesidtnt ot the Senate: Sir: In answer to your tetter of this date. tr;tli;. a resolutio . ot tht- Senate on the subject ot acodtfi ca ion, compilation and icvisionof the law?, ptru.it ne to say, that I have pto cuietl a blank bonk at tr.y own expense, and ii amtd in it, one hundred unities ol 'au; hut as w hat is doiu . tot ms a pan oi at entire system, it cannot be attached o the i i-ion and compiia'ion in contemplation by the Seriate, it can have no connexion with it In the future I shait only promise what I have in the oast my intention ai d txtitions to do all in my power to ive a code ot lws to the people of Indiana 1 'tie gi cat in road which has heretofore been made upon my lime by incieabed official du ties, sickness, domestic concerns, and by my common intercourse with the world, leaving me bui a small portion to he devoted to the work in hand, r auses me to fear, that my own labours, unaided even by a clerk, will be inadequate to the completion in a year, of the work ot years. This is a subject about which no positive promise ought to be made, by one in my situation; having several thousand executive acts to pertorm in a course of a year, besides being subject to other unavoidable losses of time, as other men. Neither am I in this service under the employment of the state. My under taking is a voluntary one, and ifcircum stances shall render it improper for nie ever to submit a code to the Legisla ture, I shall hold myself accountable 'o the people for satisfactoiy reasons for my course All may be assured oi this til t 1 will not at any time place it in hai.ds that will abuse it A work which is condemned in advance, by the inter estcd, is iiQt liktiv to pss the oideal ol a fait examination, whtn plact d untlf li.tit supervision I hae had much t discout ae. and but lin ie to encout age me to prosecute my ot initial de?in I shall reftata at thi time, iiom aim ion to causes, which havv operated t dis pint ne trom o:liog without a prospecot tffecung my object 1 ruugb I shall never iose big lit ot bung instrumental, in whole oi in part, ot providing a code ot 'aws for the sta'c. it will be equally as cer ain, that until motives shall cease to operate against any thing which comes iiom me, mv feais will be strongei than my hopes tor its fate. Whatever course the Legislature m y think proper to take, as to a system ot laws, the) may rely upon my best exertions to aid them to the extent ot my abilities. I have the honor to be, sir, very respectfully, your obt. servant, J DROWN RAY. The President laid before the Senate the annual report of the Agent of the three per cent fund, giving a statement of the receipts and expenditures of the present year on roads, &r; which was referred to the committee on Roads. Mr. Linton trom the select committee to whom was referred the petition of Jcob Vantrue and others, reported a bill providing for the relocation of said road, w hich was read the fit st time. Mr. Ewing from the select committee to whom was referred the petition of William Ltndsey and others, reported a joint resolution in tavour of said petitioners; which was re; ifit-;t time, and on mo ijn of Mr Graham, the name ot William Owens was inserted in said joint resolution ' The President laid before the Senate the annual report of the Treasurer of State; which was read and referred to the committee of Wavs and Means. The engrossed bill from the House of Kcpresentativ ts, supplemental to an act appropriating mon y to build a bridge over Plum creek, was read a third time and passed. The Senate adopted a resolution to go
jinlo an election cf United States' Sena
tor on Saturday the 18th inst. The Senate then resolved itself into committee of the whole, on the joint resolution relative to compiling and re vising the laws, when after come time spent therein the committee rose, reported progress and asked leave to sit again. And the Senate adjourned. HOUSE OF REPRESENTATIVES. The Speaker laid before the House a report from the agent of the three per cen fund. Mr Pollock, Mr. Hall, Mr. Bence, Mr. Holman, Mr. McNary, Mr. Han kins, Mr Stewart, and Mr Hendricks presented petitions this morning. The Speaker laid before the House j the annual report ot the Treasuter ot State, and also his report in relation to the seminary funds; the 1st ot which was referred to the committee of wayi and means, and the latter to the committee on education; nd one hundred copies ot the whole were ordered to be printed for the ur ot the House Mr Reed vf D 5c M , from the committee ol "ays and means, to which was retcrrtd a resolution directing that committee to inquire 11,10 the expedien. cy of reporting a bill to piovidt lor a general assessment of taxable properly in this slate with i s valuation, prepara tory to the adop'ior. of a general svs tern of taxation acintding to the adva lorem phnof raisin? revenue, repotted, that after mature deiibtria?iot. they were of opinion that it would be inexpedient to legislate on that subject at the pre sent session. Mr Boon moved to lay the report on the table. Mr Read explained the reasons bv which the tommitttee had been influenced in coming to the dici;ion at which they had arrived A majority, or at least a very respectable min ri'y, of the committee were in favour ot an advaio em system of taxation From wha' had taktn place heretofore, howevei the conimittee did not think it possible to adopt the system at present Aftei the next apportionment, w hen htiew cuun ties will have a full representation, a - 1 piovidmg lor the commencement ot thisystem van probably be passed; ar-cl tin til that tin e, the committee conceited it vould be a waste of time to legis-a'e about it. Ho was himself dfc i'ltdly i.. tavour of tht system, and. was willing to commence ii at any time. Mr. Fjsrris, who introduced the rt solution dii tcting the committe- -o in quire into the matter, observed, that on examination of the resolution it uouul be found to provide only fot taking pre paratory steps. It did not contemplate the immediate commencemmt of the system. Mr Wallace of J hoped the House wouid now determined the qo stion. whether they would adopt t he system ot not. The question on concerning in the resolution offered a fair opportunity o settle the question for the presem sts sion, ' nd he hoped it would be embraced He should vote for concurring in the teport of the committee Mr. Wallace of F would also vote for concuning in the report of the committee. '1 he difference of opinion on this subject, as he had occasion once before in this House toobserve, will be as to the details of a bill. Perhaps a large majority of the House are in fa vourof the ays'em, but there is no probability that a bill could be framed which would meet the apptobation of a major ity of the present Legislature. The members from the old coun'ies would not accept a bill which vvou'd suit the vuws ot those from the new counties, nor wonld the latter accept a bid whit h ould be proposed by the fot mer It was therefore unnecessary to legislate on the subject at present It had been correctly observed by the gentleman trom Daviess and of Mattin, (Mr. Reed,) that the new counties would soon have the power. When that shall be the case, as it undoubtedly will be before very long, we will be bound to take just such bill as they think pro per to give Uutil that is the case however they will have to postpone the commencement of their favorite system, and submit to the old counties by whom the power is at present possessed Mr Ferris said that in offering the resolution he had nothing in view but exact justice. Nothing surely could be more fair than that every man should pay taxes according to the amount and value of his property. As to the question whether the House is now ready for the adoption of the system, that could only be determined by the vote of the members. Mr. Holman would vote for concurring in the report; but nevertheless, if a hill were presented which met his approbation, lu- would vote for it. Mr. Dumokt observed that it was very stance that gentlemen should pro less to be in favour of the system, and yet would take no steps to commence it. R l( rence to the original resolution would satisfy any gentleman that no particular features of a bill were pro posed He could not see the force or propriety of the remarks of gentlemen when they say they approe the adva lorcm system of taxation, but yet be cause they think the measure will not carry they oppose it; mr was there much more consistency in the course of gen tlemen who declare the system a just one, but for fear they may not like the
features of a bill, ticy vill vote down! all preparatory measures. How is it known that the proposition will not sue ceed? And how is it known that the details of a bill cannot be agreed upon? It cannot be known without trying the experiment. He hoped gentlemen would vote their real sentiments on the abstract system, and let the vote cn concurring in this report determine whether there be a majority of the House for or against the system. Mr Wallace of J made some objections to the measure contemplated by the resolution on account of the ex pense to which the state would be sub jvcted, without any certainly, and in deed without much probability, that the system would be adopted. If he were certain tha the system would be adopted next year, he would to willing, so far as Jefferson county was concerned, to submit to the expense But this he did not believe, and he should there fore vote against the measure because it would snbjtct the state to a useless and unavailing expense Mt Wallace of F endeavoured at some lengtti to convince tht House ot the almost total impossibility of agreeing to the details ot a bill at present. With this view of the subject he thought it an unnecessary consumption ot time to legislate about it. Many other important subjects, within the scope of practicability , presented themseUes tor he consideration of the Legis'atutc during the present session; aid he 'bought it much better to devote time .11. d attention to such objects than to disputing about a measute the adoption of which at present is obviously impracticable Mr Dumokt replied to the last gentleman 1 he arguments ot the gentleman, said he, are not tangible. The very same arguments urged by him, would apply with equal piopricty 99 years hence, it the system pioposed shall not previously have been adopted Was there ever any general measureproposed, the details of which p'tased every member of any legislative body? Such a thing had never been seen, and probab'y never would be He hoped the House would meet the question cle rtsiveiy. It was not necessary that any deiicacy shou'd be felt on this subjeci because the committee ot ways and means had reported against it. That committee is highly respectable; but heir opinion is not binding, noi is there a y exuaotdmaty grace due them. He concluded by observing that if the plan p'oprosed by the gentleman from DearDrn were adopted, the system might rot be fairly in operation for five years; a? at y rate it would not be comment .d for a year or two. Mr. McNary opposed the concur ence in tht- report, and advocated at some length the advaloiem system ot taxation His constituents were deci (itd'y ir , ,u of it Mt Ferri- again briefly spoke a gainst concurring in the leport of the c;h mittee of ways and means. He en dcBvoured to demonstrate the fairness, justice, and equality ot the advaloreii' system of raising revenue In reply to an intimation of the gentleman from Franklin, tha when the details of abiil should come to be acted on, he would flinch, Mt F. said he was willing to have the touchsiont applied to him, and if he flinched he was willing to take the consequences of proposing a mea ure and then deserting it. '1 he question was then taken on con cmring in the report of the committee, and determined in the affimative by the following vote; jfyrg Messrs. Armstrong, Bell, B-nce. Casey, Coffin. Crume, Decker, El'iott Finley, Galleiely, Gardner, Hankins, Iliilis, Holman, Hoover, Levcnwotth, Logan. Long. Lynd, Owens. Parks. Prcher, Pollock, Reid of F , Run, Russell, Schoonover, Scmans, Skeen. Wallace of F, Wallace of J., WYik, Wright, Lemon, and Hcwk, Spf aker 35 Soea Messrs Beard, Bentley, Boon, Bus-cll, Claypool, Craig, Dowden, Du mont, F rris, Hall, Hamilton, Hen thicks Herod, Kinney, Lowry, McNary, Paddocks, Read of D. 6c M , Reiley, Smiley, Sober, Stewart, and Worth 2-3. Mr. Hall, from the judiciary com
mittee reported against the petition of Baily Johnson for relief, which report was concurred in by the House. Mr. Pollock, from the committee on roads, repoited a bill compensating George Pea for extra causewaying on the state road leading from Brookville to Indianapolis, which passed to a second reading. On motien of Mr Finley. a resolu tion providing for the election of judges and prosecuting attorneys on Monday at 3 o'clock, was adopted. The resolution offered some days ago by Mr. Busscll, and laid on the table, on the subject of memorializing Congress for a donation of lands to aid in constructing a turnpike road from Indianapolis to the Ohio line at Harrison, was taken up, and negatived Mr. Holman. repoited a jrint resolution on the subject of establishing a new land office at the county seat cf St Josophs county, which was twice icad and committed He also repotted a bill for there-location of the county, which was read and passed to a second reading. On motion ot Mr. Elliott, Resolved That the con, mittee on the judiciary be instructed to inquire into
the espedieccy cFrcponirj a bill &o lt 1 a
amend me prcuaie law as to provide tv maimer of eiving notice 10 minor ar. non-residents in cases of the partition of real estate, provided for in said probato On motion ot Mr. Crumb, Resolved That the committee on tho affairs of Indianapolis be instructed to inquire into the propriety of making ao appropriation out of the Indianapolis fund of dollars for the purpose cf furnishing etoncand other necessary materials, preparatory to the commencement of a State House cn the site originally intended for that purpose, with leave to report by bill or otherwise. On motion of Mr. Bekcs, Resolved, That the committee of ways and means be instructed to inquire into the expediency of so amending tho 12th section of the revenue law, approved Jan. 30, 1824, as to make it the duty of certificate holders of lots or lard sold for taxes, to advertise the same by giv ing public notice at least four months before the time expiree that entitles tho cettificate holder to a deed. Or- motion of Mr. Rxad of D. Ec M., Resolved, That the judiciary cere mittee be instructed to inquire into tho expediency of reporting a bill to this House, making provision for the sale of all lands in this state, reserved for th use of salt springs. On motion of Mr Finley, Resolvedt That the House of Repre bentatives will reciprocate the resolution of the Senate, appointing Saturday the 18th inst. at 2 o'clock, P. M., as tho time for the election of a United States' Senator in the room of the Hon. William Hendricks, whose term cf servico will expire on the 4th of March next, and that seats will be provided for thcai on the right of the Speaker's chair. On motion of Mr. Russell, Resolved, That the committee on tho affairs cf the town of Indianapolis he instiucted to inquire into the expediency of authorising a sale ot the remairder of the donation lands without the town plat, or a part thereof, as the committee may think best, to be laid eff in 4. 6, 8, 10, and 20 acre blocks, with leave to report by bill or otherwise. Mr Bussell moved the following resolutio. : Resolved That it is expedient thai the statute laws of this state be thoroughly revised, collated, and re-enacted, so as to embody all the statutes upon each given subject under their appropriate heads, and that it is expedient that the same be done during the present session of the General Assembly. Which was not adopted. Mr Herod moved for adeption tho followirg resolution: Resolved, That the judiciary committee be requested to inquire into the propriety of so far repealing the prcbato law as to abolish the present probato court, and to transfer the jurisdiction oi" probate business to the Circuit Court, and that the several Circuit Courts hol2 three terms each year, and that a day or da certain in each term be set apart fur thi transaction of thatbusines. Mr Boom said he could not vote for this resolution. He believed there was no necessity for a change in the prcbato system. He had h?ard no complaints against the present system, and before it b adoption man) complaints were made as to the manner in which probate business was transacted. Mr Herod observed that the state of his health would not permit him at this time to go at length into the reasons which influenced him to offer the resolution. He would however observe, that if the gentleman from Sullivan were to visit Bartholomew county he would hear complaints enough against the present court The complaints in the county which he had the honor to represent were almost universal Mr. H. proceeded to give seme reasons for the adoption of the measure in relation to which his resolution proposed an inquiry. Among the reasons mentioned, he staterj that the whole expense of the present probate courts would be saved by having the business done by the circuit court. It would not be more laborious for tho circuit judges now to hold three terms and do the probate business, than it wan formerly to hold but two terms when tho circuits were moch larger. He was nol in favor of increasing the salary of judges ; nor would such a step be necessary. Applicants enough would be found to take the office at the present salary. Another reason mentioned, was the superior quali6caticns of the circuit courts to adjudicate upon the important and sometimes intricate business now submitted to the probate courts. At much qualification, he contended, was requisite to do prcbate business as any other. He hoped as the icsolution merely proposed an inquiry that it would be adopted. Mr. Logan moved to amend the resolution by striking out three terms and inserting two, which was negatived; fc the question was taken on adopting th resolution, and determined in the negative On motion of Mr. Hoxman, Resolved, That a select committee bo appointed to mquiie into the expedienry of laying off the Wabash country between Loiransport and Fort Wayne into new counties And then the houe adjourned till Monday morning nine o'clock. Be not the fourth friend of him who hart three Ltllre and lo.t Uera. Lazcicr.
