HOUSE OF REPRESENTATIVES.
MONDAY, November 22, 1858.The Journal of Saturday having been read and authenticated -
MR. KEMPF QUALIFIED.
On motion, Mr. KEMPF, for the county of Dubois, came forward, presented his credentials, received the oath of a member of the House of Representatives, at the hand of the Speaker, and took his seat.
COMMITTEE TO WAIT ON THE GOVERNOR.
The SPEAKER announced the appointment of Messrs. Dobbins and Edwards as House members of the Special Joint Committee to wait on the Governor to learn the time when he will deliver his message.
NEWSPAPERS FOR MEMBERS.
Mr. LAWHEAD submitted a resolution to the effect that the Door-keeper be instructed to subscribe for and procure to be laid upon the desk of each member of this House three enveloped copies of the Daily Sentinel, the Daily Journal and the Weekly Volksblatt.
Mr. NEBEKER, of Warren. I move to amend by striking out the Weekly Volksblatt.
Mr. HUNTER. I move to amend the amendment by substituting the following:
Resolved, That this House employ Dr. Bush to report its proceedings aud publish the same, and that he permit such other papers to copy the same that may choose to do so.
The SPEAKER. The amendment of the gentleman from Monroe is out of order.
Mr. LAWHEAD. I have quite a large number of German people in my district, who can not read English, and I desire that they should be furnished with the proceedings of this House.
Mr. HUNTER. There are a great many papers published in this city, and if we take any we ought to take all upon the same principle. The few papers that, members may take here and distribute can not amount to anything. What are three papers every morning? I have 3,000 constituents. I can not send to the tenth part of them during the session, and if I could send a paper to every man, what would one paper in a month amount to? The object of reporting is that the people may read these proceedings. Printers can not hire reporters except the House take extra copies to remunerate them. Therefore, in my judgement, it is better not to take any, but employ a Reporter to do the work accurately, and let the newspapers copy. I move to lay the resolution on the table
The motion was lost, and the question recurred on the amendment of Mr. Nebeker, of Warren.
Mr. NEBEKER, of Warren. The proposition of the gentleman from Monroe would not reduce the expense. Other papers have the right to copy these proceedings; and therefore, it could confer no privilege.
Mr. RITTER. I think it would be well for us to do what we intend to do in this matter, at once. I wish to study economy in my action here. I wish to take as many copies of these papers as will pay the reporting and no more. I do not indorse the argument that our constituents will be benefitted by these papers. They can not be benefitted in the slightest degree. I move to modify the proposition, so as to take two copies of the Daily Sentinel and Daily Journal, and one copy each of the Weekly Free Press and Weekly Volksblatt.
Mr. BAIRD. I shall oppose it, sir, if you are going to make distinctions. I don't see why we should take two copies of the English papers and but one copy of the German. We ought to patronize the German printers also.
Mr. JEFFRIES. I move that the subject be referred to a Select Committee.
Mr. MURRAY. I oppose the amendment of the gentleman from Wayne for this reason: It does not settle anything. I have a proposition which I think will satisfy the House, but there are so many amendments I can not get it in. I will read it for information.
"That the Door-keeper be authorized to contract with the proprietors of such papers as intend to report the proceedings of the Legislature, for three copies of their respective papers, to be delivered to each member of the Housetwo copies to be eveloped and stamped."
I am opposed to taking any papers which do not report our proceedings in full; for if we take one such paper, we might just as well go out and subscribe to papers all over the State. It is only on the ground of service in a legislative capacity, that these subscriptions can be justified. I would be happy to see these German papers with their reporters on this floor, and I hope they will come in. The other object I wish to gain is, that two out of every three of these papers shall be enveloped and stamped.
[A Senate message here announced the reciprocal action of that body in the matter of the Joint Committee to wait on the Governor.]
Mr. DAVIS. I am satisfied of this fact, that these papers will be taken in some shape or other and the only point is as to the best proposition. As for the real, practical good in these subscriptions, I can see but one, and that is, when a member comes to his seat he can see whether he is recorded rightwhether his position as reported, accords with his true position. In this light the proposition is of some importance, perhaps. Again, it depends greatly unon the manner in which we discharge our duties here whether it would be good policy to have our proceedings reported page: 13[View Page 13]If we go on doing nothing, or worse the time will come when we might wish our proceedings had not been reported. My friend from Elkhart (Mr. Murray) knows more about this than I do, for he has been a reporter and printer, and is now I believe connected with the press.
Mr. MURRAY. I am a farmer.
Mr. DAVIS. The gentleman says he is connected with the agricultural profession. I hope he is not ashamed of having been a printer, for that also is a very honorable profession. It may be, sir, that these city printers will not furnish resports unless we compensate them for it. Then again, suppose we employ a party to take down what is said and done here, as some seem to think best, it then becomes a question whether the printers will publish what he may report. There are two sides to the question. They may do so or not. It I were a printer, I should certainly consult my own convenience upon it. I am not careful how this question shall be disposed of, but I think it ought to be disposed of now.
Mr. COLGROVE I acknowledge the force of the argument of the gentleman from Floyd, (Mr. Davis,) so far as it goes. It is certainly important to members that they be correctly reported. I go further, and say that upon every important question our constituents should know what we are doing here, and it is no argument against this to say we are not able to furnish every man with a copy of these daily newspaper reports. I think there is no money expended by the Legislature that our people pay more freely than that which enables us to distribute these newspaper reports. In relation to the question of how many copies and what papers we shall subscribe for,there are a variety of opinions, and for the purpose of settling and harmonizing these, I think a committee should be appointed. The proposition of the gentleman from Elkhart, (Mr. Murray,) is too indefinite. It proposes to take certain copies of all newspapers furnishing reporters here.
Mr. MURRAY. All newspapers in this city.
Mr. COLGROVE. All published in this city, and that would be going too far. It is well known that in nearly all the counties of the State we have a considerable German population, it is necessary that these people should be informed of the proceedings of their law makers. I am in favor of this, and if they do not furnish Reporters here, they at least have to furnish competent persons to translate these reports into the German language, and that expense is as great or greater than that of furnishing a Reporter on this floor. Again, this body is composed of two different elements - our old line friends - and I feel disposed to give them a fair shake, though I don't like them very well. [ A laugh.] Then we have Republicans and Anti-Lecompton Democrats - I think if would be just and proper that we should take a paper representing each of these three interests, and we should take a German paper to represent that interest. I think a special committee could give us a proposition that would stafisfy every member of the house.
Mr. DAVIS. Mr. Speaker, I claim to be a part of the fossil remains of a very respectable party to which the gentleman did not refer - I mean the old Whig party. [Laughter.]
Mr. RITTER. I now insist on my admendment to the amendment - to take two copies of the Sentinel and the Journal, and one copy of the Free Press and Volks Blatt.
Mr. AUSTIN. I desire a final settlement of this matter. There is at least one point connected with it that I desire to have settled now, and that is the number of papers we will have laid upon our desks ready enveloped and stamped. If I am to be encumbered with half a dozen papers daily laid loose on my desk, I shall necessarily have to occupy a large portion of my time in taking care of them, or be at the expense of employing a clerk for that purpose. I must insist that these papers be enveloped and stamped.
Mr. NEBEKER, of Warren. At the proper time I shall be willing to accept that.
Mr. LAWHEAD. I, also, would be willing to accept that.
Mr. AUSTIN. I am satisfied the House does not comprehend the question; and, in order that we may dispose of it in the shortest time, I move to lay the resolution and amendments on the table, in order that gentlemen may draw up another to meet the approbation of the House.
The motion was agreed to.
Resolved, That the Door-keeper be empowered to contract with such publishers of newspapers in this city as intend to report the proceedings of this Legislature in full, for three copies of their papers, respectively - two copies enveloped and stamped - to be delivered upon the desks of the respective members of this body.
Mr. HARNEY. At the beginning of every session of the Legislature we usually have this discussion, and it always results nearly in the same waythat is, in taking three copies each of the State Sentinel and State Journal. I think we had just as well come to that at once. I am willing to vote for three copies of each of these, requiring two to be enveloped and stamped.
Mr. LAWHEAD. I would like to inquire whether there is a German Reporter here?
The SPEAKER. I believe there is not.
Mr. LAWHEAD. I have a large number of German constituents, and I want they should see these proceedings. I want the German paper embraced. They have frequently spoken to me on the subject.
Mr. HARNEY. I propose the following as a substitute:
Resolved, That the Door-keeper subscribe for the usual number, that is, three copies of the Sentinel and three copies of the Journal for each member of this House - two copies of each to be enclosed and stamped.
Mr. MURRAY. The opinion seems to be entertained that my proposition will cut off the German papers. I take different ground. I believe the proprietors of the German paper will have Reporters on this floor, if we propose to enter into a contract to take their paper. I hope they will, for I too, have many German constituents. But, sir, I say we have no right to subscribe for a German paper or any other paper, unless they come in here and report. It has been the policy hertofore to take all such papers; and here is a little daily paper called the Citizen, which has a Reporter on this floor, to report proceedings in full. I am willing to take that, and the Locomotive too; but I am for cutting off all page: 14[View Page 14]papers unless they have Reporters. I hope gentlemen who think my proposition cuts off the German paper will take a different view of the case. I have seen the extravagances of former Legislatures in regard to taking papers, as well as in other things. My constituents sent me here, in part, for the purpose of retrenching these extravagances, and though, as an old printer, I would like to befriend the craft, I shall not go out Of the line of this duty.
On the point, that these papers and reports are of no public benefit, I undertake to say, that no people have ever yet grumbled about the little expense for this object. I have not gone into a single township but their last request was to hear from the Legislature thvough such papers as report our proceedings. Suppose we are able only to send a paper now and then in a particular direction; we can discriminate and send proceedings affecting local interests into those particular localities.
Mr. BAIRD. The gentleman from Elkhart, speaks upon principle; and it strikes me he is driving to that point where extravagance will never end. He is just holding out an inducement for every newspaper to come in here and report proceedings. I propose three copies each of the Journal, Sentinel and Volksblatt.
The SPEAKER. The motion is not in order.
Mr. HALL, of Grant. I will gro for the amendment, with two copies of the Volksblatt.
Mr. BRANHAM, Why confine the proposition to the city papers? I understand that one of the papers published in my county intends to have a Reporter here, through whom my constituents will get our proceedings up to twelve o'clock the preceding day. I am opposed, however, to taking any but the Sentinel and the Journal, but if the proposition is to be made wider, I would be willing to take the Free Press and the Volksblatt.
Mr.RYNEARSON. Mr. Speaker, I move to lay the propositions on the table, to enable me to offer the following:
Resolved, That the Door-keeper be instructed to contract for three copies of the Daily State Sentinel, three copies of the Daily State Journal, and two copies of the Weekly Volksblatt, provided such papers be pledged to contain full reports of the proceedings of this Housetwo copies of each to be enveloped and stamped.
Mr. DOBBS demanded the yeas and nays on the motion, and the same being ordered and taken, resulted - yeas 25, nays 73, as follows:
AYES - Black, Boyd, Boxley, Collier, Dougherty, Durham, Duvall, Edwards, Fordyce, Gregory, Hamilton of Boone, Hartley, Hunter, Jeffries, Johnston, Kelly, Nebeker of Vermillion, Parks, Ritter, Row, Rynearson, Teb, Turpie, Usrey, Whetzell - 25.
NAYS - Austin, Baird, Blythe, Bowman, Branhstm, Brotherton, Carr, Cavins, Clark, Claypool, Clayton, Clements, Colgrove, Comstock, Cotton, Davidson, Davis, Dobbins, Early, Eastham, Firestone, Gifford, Griffin, Hall of Grant, Hall of Bush, Hamilton of Wayne, Hancock, Harney, Harrison, Jones,Jordan, Keefer, Kempf, Knowlton, Lawhead, Lewis, McLain, Major, Mansfield. Massey, Mellett, Merrifield, Miller, Murray, Morton, Nebeker of Warren, Nelson, Newton, Parrett, Power, Prosser, Robinson, Scott, Sherman, Shields, Shockley, Shull, Smith of Miami, Smith of Perry, Snyder, Stanley, Stiles, Stinson, Sullivan, Summers. Thompson of Elkhart, Thompson of Madison, Treadway, Waterman, Wheeler, Whiteman, Wildman, Wood, and Speaker - 73.
So, the House refused to lay on the table.
Mr. COLGROVE. Mr. Speaker, I move to refer the whole subject to a committee of five.
The motion was lost.
Mr. NEBEKER, of Warren. I wisk to ask whether the Volksblatt has a Reporter on this floor?
The SPEAKER. The Chair is informed that the editor of the Volksblatt intends to furnish a Reporter.
The question recurring on Mr. Baird's amendment to add 3 copies of the Volksblatt
Mr. BLYTHE demanded the yeas and nays, and they were ordered.
Mr. COLGROVE. If the gentleman will include the Free Press, I will vote for his amendment.
Mr. BAIRD. I accept.
The yeas and nays being taken on the amendment, resulted - Yeas 83, nays 14, as follows:
AYES - Messrs. Austin, Baird, Black, Blythe, Bowmar, Boxley, Branham, Brotherton, Carr, Clark, Claypoc, Clayton, Colgrove, Collier, Comstock, Cotton, Davidison, Davis,Dobbins, Dougherty, Durham, Eastham, Edwards, Firestone, Fordyce, Gifford, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Hancock, Harrison, Hartley, Jeffries, Jones, Keefer, Kelly, Kempf, Knowlton, Lawhead, Lewis, McLain, Major, Mansfield, Massey, Mellett, Miller, Murray, Morton, Nebeker of Vermillion, Nebeker of Warren, Nelson, Parks, Parrett, Power, Ritter, Row, Rynearson, Scott, Sherman, Shields, Shockley, Smith of Mauison, Smith of Perry, Snyder, Stanley, Stanfield, Stiles, Stinson, Sullivan, Summers, Tebbs, Thompson of Elkhart, Thompson of Madison, Turpie, Usrey, Waterman, Wheeler, Whetzel Whiteman, Wildman, Wood, and Speaker - 83.
NAYS - Boyd. Cavins, Clements, Duvoll, Early, Gregory, Harney, Hunter, Johnston, Jordan, Newton, Prosser, Robinson, Shull, Treadway - 14.
So the amendment was adopted, and the resolution, as amended, was agreed to.
GOVERNOR'S MESSAGE.
Mr. DOBBINS, from the joint special committee to wait on the Governor, reported that the Governor would communicate his message in; person, this day at two and a half o'clock P.M
POSTAGE STAMPS.
Mr. JEFFRIES offered the following:
Resolved, That the Door-keeper be required to purchase for the use of each member of this House, two dollar's worth of postage stamps, and Deliver them to each member.
On motion by Mr. HUNTER, the resolution was laid on the table.
JOINT RULES.
Mr. TURPIE submitted the following, which was adopted:
Resolved, That the Speaker appoint a committee of three, to act with a similar committee on the part of the Senate, to revise and agree upon joint rules to govern [?] the intercourse of the two Houses, and that the Senate [?] informed hereof, and requested to reciprocate.
The SPEAKER appointed Messrs. Turpiin, Hamilton, of Boone and Stanfield, as said committee on the part of the House of Representatives.
GOVERNOR'S MESSAGE.
Mr. DOBBINS submitted the following, which was adopted:
Resolved, That the Senate be invited to meet the House in joint session in the Hall of the House of Representatives, at half-past two o'clock, this afternoon, to hear the message of His Excellency, the Governor, and that the Door-keeper procure seats for them at the right of the Speaker's chair.
page: 15[View Page 15]PRAYER.
Mr. DAVIS. Mr. Speaker, has provision been made for opening the present session of the General Assembly with prayer? I think we need it very much over here.
After some conversation on the subject, a resolution was adopted for a joint select committee to invite some clergyman of Indianapolis to open the session by prayer - to be offered at two o'clock, in a joint session of the two Houses of the General'Assembly.
The SPEAKER appointed Messrs. Murray and Blythe said Committee on the part of the House of Representatives.
ASSISTANT CLERKS.
Mr. MORTON submitted the following:
Resolved, That the Assistant Clerk of this House be permitted to appoint such number of assistants as he may deem necessary, not exceeding three.
Mr. KEEFER proposed two assistants.
Mr. BAIRD. I would like to have the Clerk state the number necessary. I understand thatit takes one Clerk to record the yeas and nays,and that three is the lowest number that can get along.
The SPEAKER. The Clerk informs me that four is the usual number, and it will be probably difficult to get along with less.
Mr. AUSTIN. I think it better to dispense with this resolution till we can know more about this service. It is well known that the expense for clerks heretofore has been made much larger than it ought to be. During the past session I introduced resolution after resolution, to try to dispense with unnecessary clerks; but I found that after they are once appointed, there is no chance to reduce their number. If you make too many appointments you will find a reduction impossible.
Mr. MORETON. I have the assurance of the Assistant Clerk, that if he can get along with a less number, he will discharge one. It would certainly be poor economy to adjourn the body and allow a hundred men here to wait on the action of clerks. I am in favor of economy; but we should not let it go to the extent of loosing more out of the pocket than we put into it.
Mr. Keefer's amendment was agreed to, and so the resolution was adopted.
Mr.DOBBINS asked ineffectually for a suspension of the rules, to enable him to introduce a bill.
PRAYER.
A message from the Senate responded to the resolution of the House, for a joint select committee on prayer.
Mr. MURRAY submitted the following:
Resolved, That the Senate be invited to attend in the Hall of the House of Representatives, this day, at two o'clock P. M., for the opening of the business of the session with prayer.
The resolution was adopted, and the order was made accordingly.
The House then took a recess till 2 P. M.
AFTERNOON SESSION.
Mr. MURRAY, from the Special Joint Committee on Prayer, reported that the Rev. AARON WOOD had consented to be present at this hour (two o'clock P. M.) and offer prayer on the occasion of the delivery of the Governor's Message.
The doors were now opened, and the Senate and its officers entered the Hall and took seats prepared for them - the President of the Senate on the right of the Speaker.
After the order of prayers by the Rev. Aaron Wood -
The PRESIDENT OF THE SENATE said: The General Assembly will now receive the Message from the Governor.
His Excellency, the GOVERNOR, then stood upon the Speaker's forum, and read the following
MESSAGE.
Senators and Representatives:
Previous to the year 1852, provision was made in this State for annual sessions of the legislature, but the members of the Convention who framed our existing Constitution believed that biennial sessions, after that period, would, in ordinary times, be sufficient. They provided, however, that when in the opinion of the Governor, the public welfare should demand it, he might call a special session of the General Assembly.
The thirty-ninth session of the General Assembly which adjourned on the 9th day of March, 1857, did not pass any law for the purpose of raising a revenue for the years 1857 and 1858. Until that time it was confidently hoped by the people of the State that their Representatives would at all times be willing to provide the necessary means to sustain every department of the Government, established by their Constitution. They also expected that provision would be made to support every Benevolent Institution they had approved. They felt that although improvident legislation had in former days impaired the credit of their State, as similar legislation had injured the reputation of others, yet, that for many years, the credit of Indiana, maintained in every particular, was to them a matter of just pride and congratulation. They felt that although Indiana, in the days of her improvidence, had been unable to maintain the high character of a sovereign State in responding to all her pecuniary obligations, yet she had now attained to that position of wealth and influence among her sister States, that any failure to redeem every undertaking would be injurious to her credit and her honor.
Notwithstanding these and other considerations, the members of the last Legislature, for reasons into which it is not my duty to inquire, failed to enact the laws necessary to sustain the various interests to which I have alluded. Shortly after such adjournment, I informed the people of the State that there was necessity for legislation, and expressed a readiness, whenever the laws could be passed, to call the members together. Believing that there was such a want of harmony among them, that necessary legislation could not be secured, I declined to exercise the power entrusted to the Governor, to call a special session of the General Assembly. But a new Legislature having been elected, I have at the earliest practicable day exercised the power to which I have before alluded.
Although that Legislature failed to appropriate page: 16[View Page 16] the means which were then in the Treasury to sustain the interests for which they had been raised the Administrative and Executive officers of the State believed that such was the regard that the people of Indiana had for the Government they had establishedsuch their anxiety for the maintenance of their Constitution, and the support of their laws, that it was their imperative duty to apply the money in their possession to the purposes for which it was collected From that adjournment of the Legislature, those officers have endeavored to sustain every interest of Indiana, as provided for by her Constitution and her laws. They found that the laws of the State provided that the Auditor, Treasurer and Governor, were authorized to procure money to pay the interest upon the public debt. Believing that the welfare of the State would be promoted by paying such interest, a loan was negotiated on the 22d of June, 1858, with the Board of Commissioners of the Sinking Fund for one hundred and sixty-five thousand dollars, which was applied to the payment of such interest. After the State has undertaken to pay all the interest and principal of her debt, her sovereign integrity demands that her obligations should be redeemed. Section 1 of article 9 of the Constitution declares that "It shall be the duty of the General Assembly to provide by law for the support of Institutions for the education of the Deaf and Dumb, and of the Blind, and also for the treatment of the Insane."
No appropriation was made by the Legislature to sustain those Institutions, but the money was in the Treasury - the clear provision of the Constitution that those Institutions should be supported, the officers of the State thought should be maintained and executed, and accordingly they applied the funds in their possession to that purpose.
The officers of the State have been enabled, by an economical administration of the public funds, to thus far sustain every department of the government, and pay the interest on our indebtedness, leaving a balance in the Treasury of $131,342 28, without making any loan except the one to which I have before alluded.
No tax having been levied for the years 1857 and 1858, all the resources for sustaining the Government, or maintaining its credit, will, at an early day, be exhausted, unless the Legislature shall provide a remedy. I recommend to you, therefore, that at as early a day as possible, you take into consideration the condition of the Treasury, and that a tax be levied for the year 1858.
The report of the Auditor of State will exhibit to you the amount which it is estimated will be necessary to raise. If the tax is levied at once, it can be collected in time to meet the ordinary expenditures of the government. It will be necessary to negotiate a loan to meet the interest which will be due upon the public debt upon the first day of January, 1859. No difficulty will be found in negotiating such loan, provided the levy is made for the year 1858.
Justice to the residents and owners of the property of the State demands that the expenses of the Government should be paid by them equally, according to the value of their property. To secure so desirable a result, it has long been the policy in Indiana to have frequent valuations of all the real property within the State. Accordingly, on the 13th of February, 1851, an act was passed to appraise the real estate, and to make the value of the same equal and uniform. Since that time no act of the Legislature has been passed ordering a new appraisement. In the meantime the increase in the value of that kind of property has been very large. If that increase had been uniform, a necessity for the new appraisement would not exist. But since the passage of that law, a great difference has arisen in reference to the relative value of real estate. When the last assessment was made, there was but one railroad completed to Indianapolis, from any point in the State, nor were any other of the existing works finished. You cannot but appreciate the effect that those roads have had upon the value of the property of the State. Indeed, it has so increased the value of such property that it is confidently believed that a new assessment would show that the taxables of the State now amount to four hundred million dollars. If this view of the subject is correct, it is manifestly unjust that the revenues paid for the support of the Government should be levied upon the appraisement of 1851.
At my request the Directors of the State Prison have made a partial report as to the condition of that Institution. You will observe by an examination of that report that the new cell house has been finished, but even now, after the same has been completed, such is the limited capacity of that Institution that it is impossible to retain with safety, or employ with profit, more than three hundred and fifty convicts. The number which will be confined there by the first of January, 1859, will, in all probability, amount to five hundred. You will therefore see the absolute necessity of either greatly enlarging the existing prison, or of erecting an additional one in some other part of the State. In view of the prison being located upon the southern boundary of the State, thereby causing a heavy expense in transporting the convicts from the various counties, and believing that a portion of the labor of the inmates could be more profitably employed in some other locality, and relying upon the advice and opinion of those most experienced in managing such institutions, that three hundred to three hundred and fifty convicts are as many as should be confined in one locality, I accordingly join with the Directors and Warden of the I rison in recommending to you that a law be passed at an early day, providing for the erection of another State Prison, and that the same be located somewhere in the northern portion of the State. Little can be done toward the erection of said Prison until the spring of 1859. If it should he regarded by you as desirable to use the labor of a portion of the convicts in the erection of said prison, one hundred and fifty to two hundred of them could be employed for that purpose. If you should decide to pass such a law, provision should be made for the purchasing of more land for the use of the new, than belongs to the State adjoining the present prison. There are generally confined in the prison many who could be profitably employed in raising necessaries for the support of the Institution.
