Page 1 of 3 Feb 1830 Issue of Indianapolis Indiana Journal in Indianapolis, Indiana

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Indianapolis Indiana Journal (Newspaper) - February 3, 1830, Indianapolis, Indiana 1 / i a a vol. , wednesday feb re a is y 3, 1830. No. 354. Put listed by Douglass amp Maguire. Terms. Seventy five cents during the session of the legislature. One Plohar for three months including the sepion of the legislature. Two dollars per Anjum if paid in Advance. Three dollars at the end of the year. Advertisements inserted at the usual the proc seems sop the Indiana legislature. for the Indiana ,.in Senate. Monday Jan. 25. The president Laid before the Senate the resignation of or. Test the Vissi stunt Secretary of Iho Senate whereupon he Senate proceeded elect a assistant Secretary and upon the first balloting Austin w. Morris a was elected. Aus ii n a Quot. Morris 13 votes John h. Scott 7 a or. Depauw from the select com tin tree which was referred the Bill iil3te strays and water crafts going adrift reported the said Bill with a Radical amendment. The Hill As a mended was ordered be engrossed for a third Reading. Or. , from the select committee which was referred the Bill Amend the act relative Public High Vays by the ordinance of Congress of 1787, reported the same Bill a mended pursuant the order of the Senate. The Bill As amended was ordered be engrossed for a third rending. Or. Morgan offered for Coo Sidera lion the following Resolution revoked that the Senate will adjourn sine die on a Tunhie the 30th instant it Hon spot representatives and that the Hui ice of of it resin latiff a be informed and a similar re Sido Tion on their part be requested or. Graham moved Amend Iht-9aid Romolu Tiomi by inserting after the word my it an Quot Fht be words wit Quot if the Public business be then completed Abd that no More business will be received except petitions and remonstrances after wednesday he 27ih or. Stevens proposed a mend the Resolution by fixing the Day of adjournment at the 3d of pfc Ruaro next a Hen on motion of or. Dip Auvy the Resolution and amendments were or dam de lie on the table. Joint resolutions by or. Ewing Quot insure a Roulo for he Extension of the Wabash and Erie Ca Nal Quot a by or. Daniel Quot providing for a Tomn Stone Over the grave of the Hon. D. C. Lane deceased late a member of the a Bill was introduced by or. Watts giving further Powers the president and select Council of the town of Lawrence Burgh. Bills my joint resolutions from the House of representatives of he following titles passed the Senate without amendment wit a Bill Iti corporate the White water and Miami Turnpike Road company a authorizing the leasing of Jack of Hack in Monroe county a o change he Mode of doing county he Sines in Delaware county authorize the qualified voters of the Dir peril townships in the county of Harrison elect their townships officers a Hill authorizing asylums for the poor in the counties of via shirt a ton and Dearborn Amend an act establishing a state Road from Shelby Ville intersect the Madison state Road in Jennings county legalizing the proc Edings of the probate court for the county of Pike legalizing the proceedings of the superits pendent of a school Section therein named legalize the proceedings of he school commissioners of Madison county authorizing he leasing of Quot French lick Reserve in Orange county a joint Reso Lution allowing compensation Phil lip Hedges for distributing the Laws and Jimr nals of the last general Assembly a memorial on the subject Foex Ting i a Quot if he Indian title lands within this state and of removing he indians beyond the Missi Sippi River. Bills originating in the Senate of the follow ii g lilies it re read a third time and passed Viz a Bill o Amend the at concerning divorces for he Relief of Kulnis Johnson a supplemental loan act providing for the location opening improvement of certain slate Road a passed at he present session of the general Assem and for other purposes providing fit a state Road Froni Noblesville Logansport and from Indianapolis by be Midleton an i Sou town authorizing the building of Bridges across lick Creek and Salt a authorize the Sale of one of the sections in the reserved townships of land in Monroe Bills from the House for the formation of a county East of Tippe Mcdoe county and for the formation of the counties of . Joseph and Elkhart were passed without amendments. Bills postponed indefinitely or rejected. The Bill from the House for the Relief of the citizens of Daviess county amendatory of the several acts now in Force regulating the writ of Hareas Corpus Aud the Bill originating in the Senate amendatory of the act for the Relief of the poor. The Hill originating in the Senate provide for opening a part of the Michigan Road being under consideration or. Ewing moved re commit the same a select committee with instructions As follows wit a Quot that inasmuch As the proper location of the Road North of Indianapolis is yet a subject of consideration therefore strike but much of said Bill As provides for any work or expenditure on that part of said Road North of Indianapolis Quot which motion did not prevail. Or. Orr moved re commit the Bill with instructions strike out much thereof As relates the Wabash and Erie canal funds and the canal lands which motion did not prevail. Tie Bill was then read a third time and passed. The Bill from the House amendatory of the several acts regulating the jurisdiction arid duties of justices of the peace was considered and amended in committee of the whole and being further under consideration or. Daniel moved an amendment thereto the effect of which was require constables endorse on executions the Date of the receipt of executions and making such executions operate As a Lien upon the property of the exec lion defendant from that Date which motion prevailed. A Bill from the House fixing he times of holding courts providing for three terms in the year was committed a committee with instructions a it Amend it As provide for two terms Only. The Bill Amend the act establish the Eastern Boundary of Henry county being under consideration or. Morgan offered an amendment the effect of which was provide for a commissioner be appointed by each of the boards doing county business in Henry and Wayne counties which commissioners should appoint a third and that such such commissioners taking for their guide the act for the for nation of a new county out of the counties of Franklin Wayne and Fayette and enlarge he county of Wayne should permanently establish the line Between Wayne and Henry counties which amendment with the Bill were ordered lie on the table. Aves in sirs. Armstrong Beard Bell Casey coffin Dixon , fit Gijon Ufen Herod Howk Jack. Jackson of Johnston oft., Kingsbury of Vanworth of Vistinis lit tie Long Moyer Noble Peni Iii Lon Polar. Pollock Slaughter Stewart and Vallace of f.�?28. Noes messes. Bassitt Bence Bankc Boon Brown Conner Crume Davis Ofa Nuisl s., Dumont Finley Gardner Han Dillon Hendricks Hillis Hoover Hussey of Johnston of k., Jones Ketcham Kinnard in Mcnary Morrison Pabody Parks rat Deti. Read Reiley Smith Wallace of j., and Smiley speaker�?33. Or. Read moved re commit a a Aid Bill he judiciary committee with instructions o Amend the same As provide for two terms of the court in each year which motion prevailed a ayes 31, noes 30. Or. Evans after the lapse of two or three hours moved re consider the vote taken this morning re commit Ling he Bill fixing the times of holding courts in the several Joti Docial circuits in this state and for other purposes the judiciary committee Voith instructions Amend the same As provide for two terms in each year which motion prevailed Aye 34, noes 2g. The question then recurred on re Conr mitting said Bill As proposed by or. Read which was decided in the negative by the following a of the Senate directing an inquiry into the expediency of funding the avails of the school College canal and Michigan Road lands. Salt lick reservations and the three per cent Fui id reported a Bill incorporate the Ite Bank of Indiana which having been read was postponed till the first monday in december next and five Hundred copies thereof ordered be printed. Bis introduced by or. Ewing in relation certain county officers in Daviess county by or. Gregory authorizing the Board of comm Issi owners of Shelby county hold a special session. Bills reject eds the Bill Amend the act relative crime and punishment. The effect of which was except the crime of larceny from the statute of limitations the Bill Amend the act for the assignment of Dower. The Bill for the Benefit of the inhabitants of a certain township therein named. The Bill in relation certain county Tori cers in Daviess county. The Bill repeal an act establish the Eastern Boundary of Henry county. The Bill Amend the act d water crafts going adrift. The Hill a mandatory of the several acts regular a tit a n 1 it ii r. I a the jurisdiction ii and duties of in it ayes messes. Base Cut Beard Bell Benco my i Davis of a., Dixon file Hamilton Quot pcs of a the peace. The Bill Amend Hendricks hns Scy Jackson of d., Johnston act appointing Coti missioners of Ketcham , Kinnard Leven re locate the seat of in stick of Law Worth Little Loran Parks Pon int ton read. I nil a ii a 1 /. Reiley Smith and Stewart,-25. Renic county. 1 he Bill for the Rehei noes messes. Armstrong. Blake Brown subscribers for building the site Casey coffin Conner Crumb Davis of s., prison. The Bill amendatory of the �2 Force a a cacti a real. S., Johnston of t., Jones Leviston loner quote joint Resolution requesting con House of representatives. Or. Hendricks presented a petition of sundry citizens of Decatur county praying Iha the state Road leading from Ruf Hville Lawrence Burgh established at the last general Assembly May be vacated. Or. Jackson of Presented Are Mons trance of sunday citizens of Delaware county against attaching any part of said county the county of Madison. Or. Pabody presented a joint Resolution giving the commissioners Power Exi Imine the several roads Between this place and Madison and select the Best route. The question was jut after some debate. Will the House Grant leave and determined in the negative ayes 28, times 33. Or. Johnston of k., having obtained leave presented a Bill in Aid of the several acts now in Force in this state relative assessing and collecting the Revenue which was read twice and committed a committee of the whole House. Or. Brown having obtained leave presented a Hill in relation the slate Road from Rushville Lawrence Burgh which was read Wice and ordered be engrossed for a third Reading Morrow. Or. Gardner having obtained eave presented a Bill providing for taking a list of he taxable property and polls in Vermillion county and for other purposes which was read three several limes the rules of he House having been dispensed with and passed. Or. Stewart having obtained leave presented a Bill Amend the act for the Relief of the poor which was read three several times the rules of the House having been dispensed with and passed. On motion of or. Rariden the Bill fixing the times of holding courts in the several judicial circuits in this state was taken up. Or. Little moved re commit said Bill the judiciary committee i h instructions Solo Amend the same As Transfer the probate business tile circuit judges which motion was a it ejected by the following Vole r Morrison Moyer Noble Pabody Polke Pollock Rariden Slaughter Wallace off., Wallace of j., and Smiley speaker�?34. A amendment offered by or. Armstrong changing the times of holding curls was adopted. The said Bill was then read a third time and passed ayes 30, noes 21. The House resumed the consideration of he Bill for the Relief of the subscribers for building the state prison. The question recurring on he amendment proposed by or. Kinnaird when the subject was last under consid a i it a Viz by str King out the words Quot fund arising from the Sale of lots at India Hipolis Quot and inserting in lieu thereof state Treasury Quot which Amer gtd ment did not prevail a is 13, noes 44. The Bill was Ihen read a third time and passed ayes 33, noes 22. The Bill exempt from imprisonment for debt soldiers of tie re volition Ary War was read he second time. Or. Aged nor moved o Amend the ii ill As exec Ripe All person Over the age oly it ars from imprisonment for debt which motion was carried in the affirm alive. Or Beard moved Lay the Bill on the table Vav Liili was negatived. The question was then put shall said Bill pass and deter tinned in the affirmative ayes 28, noes 27. The title was then amended As correspond with the body of the Bill. The engrossed joint Resolution re quest Iii Aid of Congress establish a hos Pilpil for the use of sick Waie Rinen was read a third time when i. Lev Epworth moved o Amend the same try striking out Quot Jan Sonville Quot and inserting mount Vernon Quot Ali ice motion was negatived. The re solution was Hen passed. Bills passed authorizing a certain lease therein of tamed establish certain state Road from Rockport Bloomington o Amend an act entitled an act for the assignment of Dower for the Benefit of the inhabitants of a certain township herein named Amend an act entitled an act relative crimes Ai d punishment approved Jan. 20th, 1824. The further consideration of the Bil for he formation of the county of High land was postponed indefinitely. The Bill respecting free negroes mulattoes,9ervants,and slaves was considered in committee of the whole and amended Afier which or. Hoover moved postpone indefinitely its fur ther consideration which motion was deter Mizied in the negative ayes 11 noes 46. In Senate tuesday Jan. 26. Or. Stevens from the judiciary committee reported according the instruction of the Senate tie Bill from the House of representatives fixing the times of holding courts amended As provide for two terms of the circuit courts per annul which re port and amendment were concurred in ayes 14, noes 7. The above amendment having been subsequently communicated the House a disagreement Between the two houses ensued the House Insi Fet de on three terms and the Senate a two which i disagreement was finally referred a committee of conference or. Sering from the select commit tee which was referred a Resolution Gross establish a Hospital for the use of sick watermen. And the joint Resolution ensure a route for the Extein Eliop of the web Noih Auu Erie canal. Bills passed provide for taking a list of taxable property and polls in Vermillion county open a state Road from Raccoon Ford in Parke county Lafayette in Tippecanoe county giving further Powers the president and select Council of the town of Lawrence Burgh authorizing the Sale of one of the sections in the reserved township in Monroe county incorporate a company make a Turnpike Oad from new Albany Vincennes. House of representatives. Or. Hillis made the Tou owing report Viz the committee a elections which was referred a Resolution of the House instructing them Quot inquire into the expediency of members of the Geri Cral Assembly of this state being permitted hold offices or appointments emanating from the legislature of this state or holding offices or appointments under the general gov can mento the United states while in the first instance they Are permitted supervise and decide upon heir own official acts and in the second View whether it be consistent with the policy of our government that any person be both the officer of the state of Indiana and of the United states at the same time Quot a have had the same under consideration and beg leave report that they have bestowed on the subjects embraced in the Resolution that attention which their importance demands. These subjects arc unquestionably deeply interesting in their character and Abib re an ample Field for investigation. They Are intimately connected with the principles of civil Liberty and have a direct hearing on the purity and permanency of our Republican institutions. A Brief View of the subject Hoa Vever is All that the time of your committee will permit them take. On the first Branch of the inquiry proposed by the Resoluti ii your committee presume there can be but Little Difili Cronce of opinion. The policy of permitting members of the Gei it Cral Assembly hold Folkes or appoir.ments under the state government and afterwards supervise their own acts and decide upon their correctness or incorrectness must be obvious All. To Render officers in any Quot other department of the government the supervisors or ultimate arbiters of their own official conduct would be equally impolitic. Hence the necessity of a Jyro per distribution of Power or a system of chocks and balances and hence a gain the Beautiful and salutary division of Power which we have adopted of the exec air Ibe Regis Lavive ind the judiciary. On the second Branch of the inquiry proposed your committee also think there can be but Little if any difference of opinion or at least Little room for it. The reasons May not be Plain Imd palpable but Are equally sure and incontrovertible. If your committee Are Correct in the View they have taken above of the relation the proper and politic relation Between the state and National governments if the Frani ers of those several governments acted wisely in establishing such a relation then surely the Junction of office referred in the second Branch of the inquiry is Leighly impolitic. Its permission is a departure a of the principles on which that relation is founded and is an Appi Oach cards the destruction ii of that symmetry which constitutes the chief Beauty of our federative Union there is another and perhaps a stronger reason. There May in particular a discs be a conflict of interest Between the state and the National government. In such Case the officer who is bound both cannot be True both. He cannot serve two masters. He must be false one or false both. Officers should be placed in such a situation As be above suspicion. It remains now inquire a Helper legislation on the subject is necessary Aii this time or whether the existing regulations Are sufficient. The Constitution. Art. 3, Sec. 4 and 7, Points out the qualifications of the representatives and senators who Are compose the general Assembly of tie state. The 20th Section of the same article is in these words Quot no person holding any office under the authority of the or i Dent of the United states or of is state Nii Lilia officers excepted shall i a Eligil be a scat in either Branch of tie general Assembly unless he resigns is Ltd Ilice previous his election i por shall any Nicin Hsii of the general Assembly during tie time for Vidi he is elected be Eligi be any office the appointment of which is vested in the general this is perhaps the Only clause in the Constitution which bears directly on the Point under consideration. There Are some other clauses but they relate the or nol Ciers of Public Money persons convicted of bribery infamous crimes amp a. In article 11, Section 13, it is provided that Quot no person Liall hold More than one lucrative office at the same time except As in this Constitution is outlier Wise the 8th Section of article 3, makes each Branch of the ass Emilj Quot judges of the qualifications and elections of its own the Constitution of the United states has no provision bearing directly on the Point in question but has some provisions founded on similar principles acid in accordance with the sentiments advanced by your committee in their introductory remarks. Officers arc bound on oath support both these Constitution these constitutional provisions whilst they sustain your committee in the positions Tivey line assumed go show that ample Jiro vision is already made for the cases contemplated in tie res Ohirion. The general Assembly have it Row in thu in Power apply quote corrective when the contingency hopi pens. It is for them determine when it docs Hap pc a. They Are decide on the eligibility of their whatever May be their opinion on matters of expediency they cannot extend disqualifications cases not Vid fid for by the Constitution. The rights and privileges qualifications a d disqualifications of candidates for office Are there distinctly marked , therefore the Resolution contemplated an interposition of the Legi la tic action of this House your committee would respectfully suggest that it contemplated a matter not Only unnecessary but not within the legislative province of the House. If it was intended operate on particular cases it should have named them. The absence of specifications warrant the inference that none such exists or were unknown the mover. Your Corn committee know of none such. It could not have been the object of the Resolution constitute an inquisitorial tribunal go in search of cases for Anima version. Your committee therefore whilst they full As the i expediency of tolerating the existence of the cases contemplated by the Resolution Are also of the opinion that the Case Are now sufficiently provided for and that further legislation on the subject is unnecessary. They therefore submit the following Resolution resolved that the committee he Dischar ered from the further consideration of the in object referred them. Or. Hoover having obtained leave presented a joint Resolution relative o the duties on imported Sak was twice read. Or. Johnston of M it Ved pos Pine indefinitely the further consideration of he same and before the ques Ion was taken it was on Moti on of or. Smith Laid on he table. Or. Kinnard Havivi g obtained leave presented a Bill supplementary o an act entitled an act for the Relief of sob scribers for building the state prison and for other purposes which was read the first time when or. Howk moved reject he Bill which motion after me discussion was determined in the affirm alive

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