Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-12-17

Holman, Arnold Gordon, Cassait, and Parker.
On tie Trust FHRd-NesSrs. Stewart Of F., Stewart OF
l., Dob~on, Hicks, Young, Addleman, aud GiIleece.
On BeheUoeat and Scientific NEUTRALITY-SUSPICIOUS.. Watts
Yayan Tai' Tseke,t MecO,mass cEookshank and Mason
On Public BHiidinga-NessIs Noel, Mccormack, and
Monk.
Ga the State LfbrGry,-Messrs Yaryau, Slceth, and
Harvey.
Mr.. Bowling moved the printing Of hundred copies Of
the order Of business and the standing committees Adopted
PErITfrNs PRE.EEIED.
BY Mr. Baiding, the SUI jec Of State roads referred
select committee consisting OF Mr. Baldng and others
By Mr. Hatfield, from citizens Of Hancock county, the
subject Of State road referred select committee
sstng Of N1r. Hatfield and others.
by Mr. Handing; referred to select committee without
reading, Of HaIding and others.
BY Me-. Baker; Icfcned without reading a select
miiiee consisting OF Mr.. Baker and others.
By Mr. Cainahan, from citizens OF Evansville, IN Posey
county, praying 10 vacae the Town Of Basville referred
select committee consisting Of SIesss Canadian, Stew
ant, and Trimbe.
By Mr. Harlan; referred without reading
Alsu the petition Of -, paying divorce.
On motion, the petition laid on the table.
RESOLUTIONS INTRODUCED.
By Mr.. Yaryan,
ResOlred That the House will in receive bill
petition giant divorces during The present session. any
where the cicuit has jurisdiction subject
matter Of complaint
Mr. Secrest thought that the resolution proper
lie believed the House bad Jurisdiction the subject Of
divorces. The House bad constitutional power whalever
10 grant divorces and therefore is TO attempt
OF restrict its action on this subject.
Mr. Yaryan said he did disagree with The member from
Putnam. lie consiieTed that the marriage
civil contract and could not by this House be impaired.
The Legislature had power 10 abogale annU H. MI
that great injustice had been done by The Le
gsatue granting divorces when they could possibly be
acquainted with the circumstances the proper place in
the where the whole could be carefully
aud imrastiay investigated
Me- Dunbar said he could for this resolution. Ii
would be infringing the right Of petition, guaranteed by
the Constitution Of State He considered the Legislature
had constitutional auho y grant divorces. The
had ample jufidcion Of the subject, and would always
absove the contract when il ought be. Generally the
presented here those in which the party applying
in The wrong aud could not obtain the prayed FOR dive
where the maiteeoud be mpariiay aud fully nves gated
Also where injustice done wife, General
Assembly had authority 10 make any provisions respect
ing amony could they be sufficiently advised Of
the circumstances to do so, il they had the power.
Mr. Potter moved TO amend by striking all after the
resolving clause aud insert that the Legislature had
be impotc TO exercise it, The amendment accepted.
Mr. Thompson said he approved OF the resolutions but
that members might consider that the Legislature I'd
The TO annul marriage but at the time
had doubts Of its policy and expedieney. lie therefore
to amend the by striking out the part that
relates to the nexpedeney OF the Legislature granting
divorces
Mr. Secrest read section Of the constitution Of Indiana
aud argued that from the import of that section Leg-
laure had tight whatever grant divorces because it
infringing the powers OF the judiciary that the several
branches of The should exercise their peculiar
functions without The interference of the Others. Mr. s.
amined the position sometimes taken, that the Legislature
could do whatever had the power 10 enable others TO do
conferred
the Judiciary aud the Legislature had power
nerpose and exercise that power THAI would any other
civil case between Iitigating parties
Mr. HARLAN moved that the resolution and amendments
laid on the table. Not agreed to. -.
Mr. Harlan thought the matter should have been laid on
the table IN order to give the members an opportunity to
difficulties Former Legislatures had uniformly exercised
that power Men who able 10 expound the consiiu
ton judiciously, had only entertained
doubts the subject, but had unequyocay given the
opnon that the General Assembly possessed the power oil
so ing.
Mr.. Thompson withdrew his amendment
Mr.. DUe offered amendment declaring that the Le-
gsature had exercised the power Of granting divorces Om M
ogo 1t was nexpeden to restrict It's action that subee
now.
Mr. Harvey moved 10 lay the amendment on the table
which was accordingly done-ayes 81, Al.
M5. Noel remarked that number Of The lawyers in
The House had given their opinion that the power TO gran
divorces unconstitutional By referring to the ourIa
Of this House for the last session. he found the
fourteen lawyers recorded in favor of gIanng divorce in
certain ca>e among others voting aye the name OF th
gentleman from PeIIy.
Mt Thompson replied briefly that Mr.. Noel had entirely
misunderstood his position the question before the House
Mr. Secres moved amend by inserting after the
ing clause, that in the opinion Of House the Genera
Assembly has no power, &C.
The ayes aud taken the resolution
which passed-ayes 40, noes AZ.
Nr Noel Offered resolution granting the " Of the Hal
to Mr.. Irving, of the ST. Mary's Seminary Tuesday
evening next for the purpose of giving musical concert
Adopted.
language Adopted
By Mr.. Fry that the judiciary committee examine wbcthe
aud if not to report the expectancy of revving it
Adopted
By Mr.. HUFF that the Governors message by referred
committee Of the whole House, and made the special Ode
Of the day for to-moIrow, at two O'Clock.
BY Mr. Moore, that the duoikeeper furnish each membe
Of this House with three copies Of the Trweeky Joynal
aud two copies OF the Tweeky Sentinel TO be paid for By
The State.
Mr. Harvey moved 10 lay the resolution on the table
/ noF,-1
Mr.. Crookshank moved its indefinite postponement-ayes
Az As.
Mr. Miller said improper distinction made
between the two papers. He thought it showing par
TALLY 10 take tbl ee Of one and two Of the other.
Mr. Dole said there dffee in The subscription
price Of the two papers, aud for
Sentinel sheet nearly dlube The size Of that of the
Journal He did not d-uOt but that the Price dowf
low its publishers could possibly furnish it He
thought that becaue the editors OF the Sentinel published
larger sheet, and one containing much lager amount
matter every issue, they should not be prescribed that
account He did not consider it act Of generosity but
simply one of justice Enterprise should have adequate
reward
Mr. Collins said he opposed taking papers altogether
Because the of people could be furnished
those taken would be forwarded to political friends 1t
impossible for the people 10 gain any direct satisfactory
information from the occasional paper Chat would be sent
them The distinction in the resolution poper-he die
not consicr progressive democracy worth half much
old fashioned whigefy.
Mr. Fuller moved the previous question, which Sc
conded
The vote then recurring the main resolution, it wa
adopted ayes 40, AZ
By Mr.. Bowling That the judiciary niitee inqur
into the expedency of amending the 72d chap r. s.
lS43 ("tbe act supplemental TO subecng real and
personal property to execuon aud all other for the
the collection Of debts 10 provide for the gradual mod
cation of the stay and valuation laws with reference to fu
tue contracts as to facilitate the collection Of debts
OF restoring that confidence between citizens
which existed previous TO The pecuniary revu0n which lee
to the enactment of collection and unreasonab
high valuation laws Adopted.
By MIR. Lewis. In relation amending by reference
TO their title, &c. Not adopted.
BY MIR. Harvey lntructing the committee elections
to inquire into the subject of repeating the restricting
- ILL.,. IL.