HOUSE OF REPRESENTATIVES.
THURSDAY, December 2, 1858.The Journal of yesterday was read and authenticated.
SUB TREASURY.
Mr. DOBBINS submitted the following, which was adopted:
Resolved, That the Committee on the Judiciary be instructed to inquire into the constitutionality of the Sub-Treasury system; and that said committee also inquire into the expediency of adopting said system in this State, and report the result of their deliberations to this House at as early a day as possible.
COMMITTEE ON SWAMP LANDS.
Mr. GRIFFIN submitted the following, which was adopted:
Resolved, That Mr. Parks be added to the Committee on Swamp Lands
WORKING ROADS.
Mr. WHETZEL submitted the following resolution, which was adopted:
Resolved, That the Committee on Roads be instructed to inquire into the expediency of so amending the Road Laws as to require all work on the public highways to be done in the spring instead of the fall; also to inquire into the expediency of providing by law that Supervisors shall be exempted from working on the roads the year following their term of service, as compensation therefor, instead of an allowance out of the township fund.
PHEASANTS AND QUAILS.
Mr. SULLIVAN submitted the following:
Resolved, That the select committee on the Game Law be instructed to inquire into the expediency of so amending the same as to make it unlawful to net pheasants or quails at any time.
The resolution was adopted on a division - affirmative 44, negative 32.
BANK STOCK EXEMPTION.
Mr. AUSTIN submitted the following, which was adopted:
Resolved, That the Committee on the Judiciary be instructed to inquire into the power of the present Legislature to repeal the 15th section of the act to establish a Bank with Branches, which exempts the stock of said Bank from taxation for municipal purposes, and report by bill or otherwise.
THE HONORABLE HENRY WALKER.
Mr. DURHAM submitted the following, which was adopted:
WHEREAS, The Honorable Henry Walker is temporarilysojourning in this city, and has signified his willingness to repeat before this body his lecture on Elocution and the Fine Arts, therefore,
Resolved, That the use of this Hall be tendered to him tomorrow evening, for that purpose.
AGRICULTURAL COLLEGES IN THE UNITED STATES.
Mr. WATERMAN introduced a joint resolution (No. 2) concerning a Congressional grant of lands for Agricultural Colleges in the United States, (which was passed the first reading,) the following effect:
WHEREAS, A bill was passed the House of Representatives at the the last session of the Congress of the United States, making a grant of lands to all the States of the Union, for the establishment of Agricultural Colleges, which bill has not yet been acted on by the Senate; and, whereas such a grant would be invaluable to the people of this State; therefore -
Be it resolved, That our Senators in Congress be instructed, and our Representatives requested, to vote for and use their influence to secure the passage of the bill referred to in the foregoing preamble.
And be it further resolved, That each of our Senators and Representatives in Congress, be furnished with a properly attested copy of this preamble and joint resolution.
Mr. MERRIFIELD made an ineffectual motion to re-consider the vote of this morning tendering the use of this hall for a lecture by the Hon. Henry Walker.
EIGHTH JUDICIAL CIRCUIT.
Mr. NEWTON introduced a bill (No. 29) to fix the time for holding the Circuit Courts, in the Eighth Judicial District, and to repeal all laws in conflict therewith; which was passed the first reading - Mr Boone objecting.
Mr. SHULL introduced a bill (No. 30) to repeal the act entitled an Act to provide for the protection of wild game, &c.; which was passed the first reading.
TEMPERATURE OF THE HALL
Mr. DOBBINS asked unanimous consent to offer a resolution to the effect, that the select committee on the ventilation of this house, be instructed to inquire into the expediency of so regulating the temperature in this hall, that it shall not exceed nor fall below 66 degrees Fahrenheit.
The House refused the leave.
AGRICULTURAL SOCIETIES.
Mr. LEWIS introduced a bill (No. 31) to amend an act entitled An Act authorizing County Agricultural Societies to purchase and hold real estate, approved February 7, 1855 which was passed the first reading.
CALUMET FEEDER DAM.
Mr. GRIFFIN introduced a bill (No. 32) to repeal the act authorizing the State of Illinois to maintain the Calumet Feeder Dam, securing the use of water in the Calumet River, and providing for the manner of assessing damages occasioned thereby to the citizens of Indiana adjacent thereto, approved March 7, 1857, which was passed the first reading.
Mr. BLACK introduced a bill (No. 33) for the taxing of costs to the complaining witness, if he fail to sustain the charge, ID all cases of misdemeanor, which was passed the first reading.
Mr. MERRIFIELD introduced a bill (No. 34) to repeal the 36th section of the act entitled An Act to establish Courts of Common Pleas, defining the jurisdiction and providing for the compensation of Judges thereof, approved May 4, 1852, which was passed the first reading.
HON. HENRY WALKER.
Mr. EDWARDS. Mr. Speaker, as the gentleman from Decatur has a resolution adopted, tendering the use of the Hall to the Hon. Mr. page: 75[View Page 75]Walker, I move that a committee be appointed to wait on him and notify him of the fact.
Mr. DOUGHERTY. I would like to know who in the thunder this honorable Henry Walker? [Laughter.]
Mr. SCOTT. And for what purpose is the committee to wait on him?
Mr. DURHAM. For the purpose of inform the honorable Henry Walker that this Hall has been tendered to him for the delivery of his address on elocution and the fine arts.
The motion was adopted.
Mr. DAVIS considered it a lowering of the dignity of the body to invite itinerent lecturers to speak in this Hall. He desired a reconsideration, so that, if this proceeding went upon the journal, it should be, that the thing was voted down.
The SPEAKER The House has refused to reconsider.
Mr. DAVIS.I don't think there was a quorum voting.
Mr. SCOTT. I move to reconsider the vote for the appointment of a committee.
The motion was agreed to, and then
Mr. EDWARDS obtained leave to withdraw the motion for the committee.
MAINE LIQUOR LAW.
The SPEAKER announced the order of the consideration of bills on the second reading; and the bill by Mr. Dobbins (H. R. 23) to repeal the Prohibitory Liquor Law, coming up, it was passed the second reading.
Mr. THOMPSON, of Madison, moved to refer the bill to the Committee on Temperance; but the motion was withdrawn, on account of the opposition of Mr. Dobbins.
Mr STANFIELD moved to amend by striking out the last section requiring publication in the Indianapolis papers.
The amendment was agreed to; and so the bill was ordered to be engrossed for a third reading.
NINTH JUDICIAL CIRCUIT.
Mr. Merrifield's bill (H. R. 24) to amend the second section of the act fixing the time of holding courts in the 9th judicial circuit, coming up, it was passed the second reading.
Mr. GRIFFIN proposed to amend by extending the time two weeks for holding the court in Lake county in said circuit.
Mr. MERRIFIELD accepted, and the amendment vas concurred in by consent.
On motion by Mr. STANFIELD, the bill was referred to a select committee, which the Speaker makes to consist of Messrs. Stanfield, Davis and Blythe.
ELECTIONS.
Mr. Shockley's bill (H. R. 25) to prevent frauds at elections, and repeal certain sections in the election law, chapter 31, first volume, Revised Statutes, coming up, it was passed the second reading.
Mr. EDWARDS moved to refer the bill to the Committee on the Judiciary with the following instructions: "To inquire into the constitutionality of the provisions of the bill."
The motion was agreed to, and the bill so referred.
PUBLIC NOTICE IN NEWSPAPERS
Mr. Gregory's bill (H. R.26) defining duties of auditors, &c., in the matter of giving public notice in newspapers, coming up, it was passed the second reading.
On motion by Mr. DOBBINS, it was referred to the Committee on Rights and Privileges.
Mr. Gregory's bill (H. R. 27) to amend the second section of the second article of the Constitution of the State of Indiana, coming up, it was passed the second reading.
On motion by Mr. GRIFFIN, it was referred to the Committee on Rights and Privileges.
UNITED STATES SENATORS.
Mr. Branham's bill (H. R. 28) providing for the time, place and manner of electing United States Senators, coming up, it was passed the second reading.
Mr. GIFFORD moved its reference to a select committee of five.
Mr. AUSTIN proposed to refer the bill to the Committee on the Judiciary.
Mr. HARNEY said he would like that the House would instruct the Judiciary Committee to inquire into the constitutionality of the provisions of the bill.
The SPEAKER. That would be in order after disposing of the question of reference.
Mr. Austin's motion was agreed to, and the bill was referred accordingly
CANAL AROUND THE OHIO FALLS.
Mr. Prosser asked and obtained unanimous consent to offer a joint Resolution (No. 3) with reference to the construction of a canal around the falls of the Ohio river by the General Government, and the same was passed the first reading, by consent.
The House then took a recess till two o'clock.
AFTERNOON SESSION.
A message from the Senate announced the passage of the bill (S. 3) for reappraisement of real estate, &c., requesting the concurrence of the House of Representatives.
The SPEAKER laid before the House an official statement of the condition of the Terre Haute Branch of the Bank of the State of Indiana.
TAXATION FOR REVENUE.
The SPEAKER then announced the special order - the consideration of Mr. Edwards' resolution with reference to taxation for revenue, heretofore printed.
Mr. MARTIN proposed to amend by substituting the following:
"Resolved, That it is the first and most important duty of the Legislature at the present session to pass a Revenue bill for the present year."
Mr. HUNTER moved to lay the amendment on the table, which,
After several parliamentary motions, was withdrawn for -
Mr. EDWARDS. I do not intend to occupy time, but I have to state, that in offering the original resolution, I was not governed by partisan considerations. The Governor mentioned as one of the reasons for convening this Legislature the existing necessity for the passage of a revenue page: 76[View Page 76]law. Sir, whilst I regret that necessity, I beg leave to state, that four years ago, as you may remember, the opposition had a majority in this branch of the Legislature, and the Senate was Democratic. That at that time the Senate refused to come into joint session for the election of United States Senators; and, therefore, the General Assembly failed to pass the requisite apprasement and revenue laws. You remember that, in 1856, we had the Senate, and the House of Representatives was Democratic, and then the Senate refused to meet the House for the election of United States Senators, and so failed again to pass laws for revenue. So it happens that both parties are at fault, and the State has to suffer the consequences. It is tor this Legislature to propose the remedy. We argue that the law of assessment as it now exists, is unequal, onerous and unjustdoes not comply with the requisition of the Constitution, which requires that the Legislature shall pass laws for the equal and uniform assessment of property for taxation. Now, if you will look at the Auditor's report, you will find this is the case. I find this inequality bearing more heavily on my people in Vigo, than, perhaps, in almost any other county. In Vigo, with 260,000 acres of land, we have assessment of $8,500,000, whilst Montgomery and Putuam, each having more land and more valuable, remain with a much lighter assessment. He proceeded to show that the same inequality stood against the people of the counties of Floyd and Jefferson. It was manifestly not right to insist on taxing the real estate of the people upon the present valuation. We should be more careful to comply with the Constitution. The prices of lands had changedall our railroads, except the Madison and Indianapolis, had been built since the last appraisement. A new appraisement would materially increase the amount of taxable property. Representation and taxation ought to go together, &c.
Mr. MURRAY was in favor of the original resolution. It was nearly identical with his, offered earlier than this. He looked at the question in another point. The people were illy prepared for a heavy tax. The corn was one-third and the wheat crop one-half less than average, and oats and potatoes were a failure. Again, the counties and townships had levied heavier taxes on account of the State's delinquency. Again, it would make confusion in the collection of the revenue, resulting in much expense. His County Auditor had declared it next to impossible to add another levy to the present duplicate. Again, he was opposed to levying a tax to pay the delinquency of a party or parties in the Legislatures. These reasons would govern his action.
Mr. MARTIN. The amendment only looks to the revenue for the present season. Would the people be better able to pay the present year's revenue hereafter? It could not be disguised that the Republican party were responsible for the acts of this session and the next. He was for taxing for revenue. "Casual deficiency," the words of the Constitution, could not apply to the present deficiency, which was the result of wilful negligence. If we borrow money and go home without a tax for revenue, it will be charged that we have increased the already too burdensome public debt. The adoption of a similar policy of shirking taxes, was the cause of the destruction of the old Whig party, and it would kill any party. He admitted that there would be inequality in the present assessment, and regretted it; but we must look at matters as we find them. The same argument also would have applied four years ago. As to the plea of inequality in representation, he insisted that the wheels of Government must not be stopped till we get a new apportionment. He would net levy now for paying the revenue deficiency of last year, but only the present. He would take the Governor's recommendation in this matter.
Mr. WHITEMAN. The proposed levy would be just a matter to encumber the records. If the levy would fetch the money by the first of January, the argument would be worth something; but collections could not be made in time to answer the demands of the treasury.
Mr. GIFFORD. The levying of a tax at this time would operate unequally. He was not prepared to vote - waiting for the report of the Committee on Ways and Means. He would sustain the credit of 'the State by additional taxation if necessary; but he preferred resorting to a loan for the present.
Mr. NEBEKER, of Warren, spoke at length against the levy on account of the difficulties it would involve in the records; and in favor of a loan for State purposes till next July.
Mr. DOBBINS was in favor of the levy; for then we could more readily borrow the money that might be needed. He would meet the question fairly, without party feeling, for the common good. The people of Martin county were willing to pay their taxes, from an impulse of patriotism, to sustain the State of Indiana. The course suggested by the amendment would show to capitalists that we were preparing to pay back the money we have to borrow.
Mr. PROSSER argued that a just and equal tax could be levied for 1859-60, and if that were as high as 40 cents on the hundred dollars, it would be more cheerfully paid than 20 cents would be paid now. He shrunk not from responsibility in this, and cared not for the allusion to the causes that crushed the Whig party.
Mr. SCOTT. The people were anxious to know whether they were to be burdened with another tax this year. He spoke for himself, not party, when he said the people would almost rebel against a second tax. It was certainly our duty to sustain the State credit, and he trusted it could be done without a double tax. If this course was to crush his party, let it be so; he trusted the people freely for that.
Mr. AUSTIN answered for the Committee on Ways and Means, whose report gentlemen were waiting for. They could not report before maturing their propositions. Gentlemen say they would be glad to get along without another levy for this year. He had no doubt but we could get along without that. A loan would have to be resorted to any how. It was notorious that the people generally were very illy prepared to pay an additional tax at this time. He promised from the Committee on Ways and Means a saitisfactory page: 77[View Page 77] report. He saw no good to come from this hurry about levying a tax. It would be much easier to pay our indebtedness if we could get the time lengthened out. He was in favor of the resolution without the amendment.
Mr. GRIFFEN spoke of the deficiency of the crops in his region. The delinquent tax list was greater than ever betore, and from this he argued against imposing a tax unexpectedly now in the close of the year. It might not fall so heavily in other and older portions of the State. He deprecated party considerations in connection with this question. Money was worth 20 per cent with his constituents; and if this money could be borrowed by the State for 6 or 7 per cent, he argued thence the economy of the course proposed in the resolution, which he favored against the amendment.
Mr. HAMILTON also alleged a failure of the crops in his region. The loan was inevitable. He cared not for its effect upon the Republican party. He looked alone to the propriety of the tax and he regarded it as impolitic. Why not let this year be returned delinquent, and let the deficiency be made up by an additional levy next year, the year following, &c.?
Mr. COLGROVE was not prepared to vote on this question. But we must have money for the January interest, and that must be raised by loan. How this and the money to carry on the government should be raised was an important question. He was opposed to creating a debt without providing the means of its payment. Some looked to the Sinking Fund, others to Wall Street. He favored the latter. The Sinking Fund belonged to the children of the State - amounting now to about $2,750,000 - to be soon increased, when the bank gets through, to perhaps three millions. Under unwise legislation, in 1842, the State became debtor to that Fund to the amount of $750,000, and yet not one dollar of interest had been paid on that debt. He showed, from the report, the true state of this account - the interest the State owes it, being above $424,000. He figured up the loss to this Fund (if it had been well managed) of more than $1,200,000. In this view, he would ask if any man would be willing to lay his hand again upon this fund? No! let anything come - taxation - disgrace even, before any vote of his should be given to touch this Fund again. The money could be obtained in the market at 6 percent, &c. He repeated that he was not prepared to say whether it would be wisest to levy now or defer it to the future. The passage of the resolution would be a sort of forestalling of the Committee on Ways and Means.
Mr. BRANHAM. The demands of the Treasury could not be met by the levy for 1858. All the question with him was whether a porton of the levy for 1859 should pay the July interest. The gentleman's levy of 20 cents would give $900,000, and his 60 cents would give $2,700,000. It was not necessary to scare the people with such figures. They were unnecessary. The Auditor's report was not always reliable. We could not tell to-day how much was in the Treasury. He did not want it to go to the country that we have to make anything like a 60 cents levy.
Mr. COLGROVE had based his statement on the Auditor's report. It was important that we should have a just valuatio , and then to decide between paying at once or through two or three years.
Mr. BARNEY. Procrastination was the cry of a hard debtor. It never paid a debt. Punctuality was the life of business, and this the people understood well but arguments conflict. Some say the tax would be burdensome. Another, the gentleman from Jefferson, thinks 20 cents on the hundred dollars will suffice. The thousands would pay their distribution shares of the debt at once, and prefer to do so. He admitted the necessity of a loan for the present He showed from the 7th Article of the Constitution that we could not legally take anything from the Trust Funds. Looking at former legislation, we would go into the market with a bad grace and worse success as a borrower. We could get the money in one way - by funding a debt and paying it in bonds. If the people were too poor to be taxed, let us adjourn and go home, and not sit here legislating upon tick. There never was perfect equality in the assessments for taxation. The argument of inequality would be just as good against all taxes. He would not adopt such an argument, although it might be most applicable to the people of his county, &c.
Mr. PROSSER moved to postpone the further consideration of the resolution and amendment, and that it be made the special order for to morrow at two o'clock.The motion was agreed to, and the subject was postponed accordingly.
The House then adjourned.
