IN SENATE.
SATURDAY, December 18, 1858.The Journal of yesterday was read - Mr. Tarkington still occupying the Chair, in consequence of the continued indisposition of the President.
Mr. STEELE presented a petition, from the County Commissioners of Parke county, asking for an explanation of the law in regard to the fees of County Treasurers, which, on his motion, was referred to the Committee on County and Township Business without reading.
TRUSTEES OF STATE ASYLUMS.
Mr. HEFFREN obtained unanimous consent to offer the following resolution, which was adopted by consent:
Resolved, That the Superintendents of the Hospitals for the insane, the deaf and dumb and the blind, be requested to report the pay in mileage and per diem of each Trustee thereof, stating in separate and distinct columns the number of days each Trustee has received pay for and the mileage of each for the years 1854, '55, '56, '57 and '58, and that if the same can not be ascertained in time to report at the present session, that they report at the regular session of this body.
COUNTY BOUNDARIES.
Mr. MURRAY, from the Judiciary Committee, to which was referred Mr. Wagner's bill (S. 43) to amend an act to authorize the formation of new counties and to change county boundaries, approved March 7, 1857, reported the same back, and recommended its indefinite postponement.
The report was concurred in by consent.
BUSINESS OF THE REGULAR SESSION.
Mr. CONNER, from the committee to which was referred a resolution of the Senate with reference to taking up the unfinished business of this session and acting upon it at the next regular session, in the order and at the stage in which it will be left at the adjournment of the special session, and of continuing the organization made at the commencement of the special session, reported that on account of doubts entertained of the constitutionality of the matter, it is unwise and inexpedient to take up the business of this session in the order and at the stage it will be left at the adjournment of the special session, but recommended that the organizaton made at the commencement of the special session be continued.
Mr. HEFFREN was opposed to the continuation of the present organization, and moved to strike out all that part of the report.
Mr. CONNER and Mr. LINE spoke to this motion, when -
Mr. HEFFREN withdrew it.
Mr. JOHNSTON asked for a division of the question.
Mr. HAMILTON was oppased to the continuation of the organization.
Mr. WALLACE would consent to the continuance of the organization for the simple purpose of getting rid of a strife at the beginning of the next session, because he did not believe the Democrats could control the organization.
Mr. STUDABAKER opposed the continuation page: 154[View Page 154]of the present organization during the regular session.
Mr. HEFFREN did not believe the Senate had the power to organize for the regular session of 1859. We have to adjourn sine die, and that is the last of the Senate of 1858. When the Senate meets on the 6th of January, 1859, it must regularly organize for that session.
Mr. MARCH was in favor of organizing on the first day of the regular session and adopting the officiary of this session for the session of 1859.
Mr. JOHNSTON said if Republicans had the power to elect their own officers why were they so anxious to forestall action at the regular session; and if Democrats had the power they wanted a chance to exercise it.
Mr. JONES presumed that this body had no power to control the regular session. At the meeting of the next session he might vote for a resolution continuing the present organization, but circumstances may transpire which would change his course.
Mr. ANTHONY did not think this was a partisan question, but there seemed to be an effort to make it so. He had never before witnessed the same amount of liberality as was manifested by the Republicans in the organization of this session. They had strength enough to prevent any organization that did not suit them. He thought this Legislature did not expire until the end of the next session, and it was a question in his mind whether there was power in the Senate to overthrow the present organization.
Mr. CARNAHAN moved to lay the report and motion on the table; but withdrew for -
Mr. WALLACE, who said that his action upon this question was made dependent upon the course pursued by the Senator from Bartholomew [Mr. Jones], and as that gentleman had signified his intention of voting against the report of the committee, he would act with the Democracy as long as there was a shadow of a chance for their success. He reviewed the motion of the Senator from Posey [Mr. Carnahan].
The yeas and nays were demanded by Messrs. March and Hill, and being ordered and taken, resulted - yeas 24, nays 23, as follows:
YEAS. - Messrs. Carnahan, Cobb, Conley, Fisk, Hamilton, Hargrove, Heffren, Jennings, Johnston, Jones, Line, Lomax, McClure, Miller, O'Brien, Odell, Robinson, Shoemaker, Slack, Studabaker, Tarkington, Wallace, Williams and Wilson - 24.
NAYS. - Messrs. Anthony, Beeson, Blair,Bobbs, Brown, Conner, Cravens, Craven, Culver, Gooding, Green, Hendry, Hill, Kinley, March, Murray, Rice, Steele, Stevens, Thompson, Turner, Wagner and Weir - 23.
So the report lies on the table.
Mr. McLEAN, when his name was called, said that having previously paired off with the Senator from Rush [Mr. Cooper], on all political questions he would not vote. In further explanation, he remarked that the report of the Judiciary Committee in opposition to the constitutional right and power of the regular session to take up, at the point left off, the business of this extra session, met his approval; but he was opposed, at this time, to the passage of any resolution which would forestall the organization of the next session. He did not think the next Senate would be bound by any such a resolution.
SHERIFF'S FEES.
Mr. SLACK, from the same committee, to which was referred Mr. Steven's bill (S. 66) to secure advance fees to Sheriffs, reported the same back, recommending its indefinite postponement.
On motion of Mr. MARCH, the report was laid on the table.
COSTS IN CRIMINAL PROSECUTIONS.
Mr. GOODING, from the same committee, to which was referred a resolution of the Senate, inquiring into the expediency of making the State pay the expenses of witnesses and officers in criminal causes, reported the same back with the expression of opinion, that further legislation on that subject was inexpedient.
The report was concurred in.
SCHOOL LANDS.
Mr. CRAVENS, from the Committee on Education, to which was referred the bill (H. R. 22) for the reappraisement of unsold school lands in this State, returned the same back with an amendment, and recommended its passage.
The report was concurred in, the bill read the second time by title, and ordered to be engrossed for the third reading.
ROAD TAX.
Mr. BLAIR, from the Committee on County and Township Business, to which was referred a resolution of the Senate, requesting them to "inquire whether there is any law in force for the collection of road taxes, and if not, whether any legislation on the subject is expedient," reported that by the second and fourth sections of chapter forty-three of the acts of 1855, the township trustees may levy such tax, and that the same may be collected as other township taxes, as provided in the 1st volume of the Revised Statutes of 1852, page 496 and section 15.
[A message from the Governor, announced that his Excellency had approved and signed Mr. Heffren's bill (S. 11) An act in relation to ventilating, repairing and warming county prisons.
THE SABBATH DAY.
Mr. GOODING, from the Committee on Temperance, to which was referred Mr. Green's bill (S. 33) entitled a bill for the protection of the Sabbath, with penalties for the violation thereof; and to repeal an act entitled an Act for the protection of the Sabbath, and providing penalties for the desecration thereof, approved February 28th, 1855, reported the same back to the Senate, and recommended that the same be laid on the table and that the accompanying bill (No. 105) be a substitute in lieu thereof, and the committee recommended that the same do pass.
The report was concurred in.
Mr. Gooding's bill (S. 105) an act to repeal section 2 of an act for the protection of the Sabbath, and providing penalties for the desecration thereof, approved February 28, 1855, was passed the first reading.
LAWFUL ASSEMBLAGES.
Mr. HEFFREN, from the select committee, to which was referred Mr. Wagner's bill (S. 74) for the better protection of churches, public meetings, agricultural fairs and other lawful assemblages page: 155[View Page 155] reported the same back with an amendment, inserting appropriately these words:
"Or any person who may be the owner or proprietor of any real property, who may rent the same to be occupied for any such purpose."
And when so amended the committee recommended the passage of the bill.
The report was concurred in, and the bill was ordered to be engrossed.
DEBATE.
Mr. MILLER offered the following:
Resolved, That inasmuch as it is in contemplation to adjourn next week, no Senator shall be entitled to speak more than ten minutes to any one question, without the unanimous consent of the Senate.
Mr. WEIR moved as an amendment "that no new business shall be introduced during the present session."
Mr. MILLER accepted the amendment.
Mr. GOODING suggested that no further business be done at all. He looked upon it as child's play to say how many minutes a man may speak upon any subject or at any time.
The PRESIDENT pro tem, decided that the resolution was not in order without one day's notice.
Mr. MILLER withdrew his resolution.
Mr. HEFFREN offered the following:
Resolved, That the Judiciary Committee be requested to return to the Senate, Senate bill No. 50, on regulating changes of venue.
Mr. GOODING. I have the bill and am making out the report. It will be returned this afternoon if the Senate will receive it.
Mr. HEFFREN withdrew his resolution.
TRUSTEES OF STATE ASYLUMS.
Mr. TURNER offered the following, which was adopted:
Resolved. That the Committee on the Benevolent Institutions be instructed to inquire into the expediency of reducing the number of trustees of said Institutions, or of providing that the same Board have control of all said Institutions and report by bill or otherwise.
COUNTY TREASURERS.
Mr. STEELE offered the following:
Resolved, That the Committee on County and Township Business inquire into and report to the Senate whether the law of 1855, in regard to the fees of county treasurers, needs any amendment so that the law may be construed uniformly throughout the State.
The resolution was adopted by consent.
OUR SENATORS IN CONGRESS.
Mr. GOODING introduced the following joint resolution, (No. 6:)
A joint resolution disapproving of the course of Hons. Jesse D. Bright and Graham N. Fitch, in the Senate of the United States on the Lecampton Constitution and the removal of Hon. Stephen A. Douglas from the chairmanship of the Committee on Territories,
Be it resolved by the General Assembly of the State of Indiana, That the course of Hon. Jesse D. Bright and Hon. Graham N. Fitch in the Senate of the United States, in the attempt to force Kansas into the Union as a State under the Lecompton Constitution, against, and in defiance of the well known and legally expressed will of a majority of the citizens of that Territory, was at the time and still is disapproved by the people of this State.
Be it further resolved. That the course of said Bright and Fitch in the Senate aforesaid, at the present session thereof, in regard to the removal of Hon. Stephen A. Douglas from the chairmanship of the Committee on Territories is most heartly and fully disapproved and repudiated by the people of this State.
Be it further resolved, That his excellency the Governor be and he is hereby requested to transmit a copy of this joint resolution to Hon Stephen A. Douglas, to be by him laid before the Senate of the United States.
Mr. CRAVENS said he could find no authority for reading joint resolutions, like a bill, through three times.
The PRESIDENT, pro tem, said it has been customary from time immemorable.
ALLEN MAY,
Mr. WEIR offered the following:
Resolved, That the Judiciary Committee be instructed to return to the Senate, for its action, Joint Resolution (No. 4) in regard to the claim in favor of the State against Allen May and others.
Mr. MARCH. I would like to inquire the reason for the adoption of this resolution.
Mr. WEIR. The reason is that we ought to have that joint resolution disposed of in some manner. This claim has been running for some two or three years, and nothing has been done with it.
Mr. MARCH. The committee is as anxious as the Senator from Laporte to have the matter settled. The committee have served process for witnesses and they will probably be through with the examination to-day. As soon as they can, the committee will report.
Mr. WEIR withdrew his resolution.
THE KANSAS QUESTION.
Mr. JONES offered the following Joint Resolution (No. 7):
WHEREAS, It is at this time eminently fit and proper that a frank expression of opinion on the only living political issue of the day should be made by the Senators and Representatives of the State of Indiana, in the Legislature; therefore -
Be it Resolved, &c., That Robert J. Walker, late Governor of Kansas, in his efforts to effect a fair settlement of the Kansas difficulties, proved himself worthy of his high position; and the failure of the President to sustain him has merited and received the condemnation of the people of Indiana.
Resolved, That the attempt made by the President and Congress to force the Lecompton Constitution upon the people of Kansas against their expressed will, is regarded by the people of Indiana, as a direct attack on the right of the people to govern themselves.
Resolved, That the doctrine enunciated by Jesse D. Blight, in the Senate of the United States, that "the principle of submitting constitutions to a direct vote of the people a vicious principle," is an anti-Democratic and vicious doctrine, and that Jesse D. Bright and Graham N. Fitch, in promulgating that and similar doctrines, stand opposed to the known sentiments of the people of Indiana.
Resolved, That Stephen A. Douglas, by his manly and able defense of the doctrine "that all governments derive their just powers from the consent of the governed," has deserved and received the approbation of the people of Indiana.
Mr. WALLACE moved that the order of business be suspended and the joint resolution be read a second time, now.
The yeas and nays being demanded -
Mr. WALLACE said if it would take up so much time, he would withdraw his motion.
Mr. GOODING renewed it.
The yeas and nays were demanded, and being ordered and taken, resulted - yeas 26, nays 18 - as follow:
YEAS. - Messrs. Anthony, Beeson, Blair, Bobbs, Brown, Cobb, Conley, Cravens, Culver, Gooding, Green, Hendry, Hill, Jones, March. Murray, Rice, Robinson, Steele, Stevens, Thompson, Turin, Wagner, Wallace, Weir and Wilson - 26.
page: 156[View Page 156]NAYS - Messrs. Carnahan, Craven, Fisk, Hamilton, Hargrove. Heffren, Jennings, Johaston, Kialey, Line, Lomax, Miller, O'Brien, Odell, Shoemaker, Studabaker, Tarkington and Williams - 18.
Mr. ANTHONY, when his name was called, said, he did not wish to commit himself by his vote to the first or the last resolution.
Mr. BOBBS, when his name was called, said, to accommodate gentlemen who desire to have this vote, I vote "aye."
Mr. COBB, when his name was called, said, I voted some time ago to lay resolutions of a political character on the table, because I did not desire at that time that resolutions of that character should come up - I thought them premeditory - although some of them agreed with my principles. But the time has now come when I want to place myself upon the records of this Senate, and I want every other member of the Democratic party to place his vote upon the record also, so that; it may be understood by the people of the State.
Mr. HAMILTON, when his name was called, said, I have been opposed to the introduction of political questions here, from the first to the last. This resolution would have me not only to indorse Mr. Douglas, but to condemn Messrs. Bright and Fitch, while I am not prepared to do one thing or the other Perhaps I am as much of an Anti Lecompton man as the Senator who introduced the resolution, but I will vote no, notwithstanding.
Mr. HEFFREN, when his name was called, said, I hive no objection to facing the music when this resolution comes up; but I am opposed to the consideration of such resolutions when the session is so near closed.
Mr. HENDRY,when his name was called, said: I want to vote "aye" to accommodate Senators, although the resolutions as they are don't suit me.
Mr. HILL, when his name was called, said: I don't like the resolutions, but I shall vote "aye."
Mr. JOHNSTON, when his name was called, said: Tuere has been some insinuation thrown out here that some Senators were afraid to vote. As far as that is intended to apply to me, I will have honerable Senators to know that as far as putting my name on record is concerned, I stand as independent and as little afraid as any Senator upon this floor. I am not one of those pinning their faith to any body's sleeve, or that can be led by the nose into this thing or that. I have my own opinions, and those opinions I will express when the proper time comes; but I am not in such a great hurry to put my name on the record, for I don't think it matters much to the people whether it goes there or not. My constituents know my position, and if necessary I would have it put in large letters and placed upon my back, so that everybody might know that I am Anti-Lecompton. I will not follow Mr. Buchanm wherever he may choose to go, and I will not follow Mr. Douglas wherever he may go, nor am I willing to vote for every resolution that the Senator from Hancock [Mr. Gooding] gets up, for I do not mean to follow him wherever he goes. But I do not think we ought to take up political questions this session - the people don't look for this time to be taken up with resolutions condemning anybody, and therefore I vote "no."
Mr. KINLEY, when his name was called, said: He had paired off with the Senator from Scott [Mr. McClure] but would take the responsibility of voting. I have voted uniformly against taking up the time of the Senate with po litical questions, and acting upon that principle shall vote "no" now.
Mr. MILLER, when his name was called, said: I will state that if this Lecompton matter was a living issue, I would unhesitatingly say I am an Anti-Lecompton man, but I am willing to say that I shall not vote to indorse or condemn anybody. I recollect that the champion, Henry Clay, voted against the instructions of the Legislature of Kentucky, when he voted for the bankrupt law; and I shall not vote to condemn Messrs. Bright and Fitch in any matter where I do not think their action has been influenced by private considerations
Mr. GOODING, [interrupting.] Do I understand the Senator to say that the President [Mr. Buchanan] talks in his message about dead issues?
Mr. MILLER. I don't know but that the President could be better employed in talking about other things in his message than Kansas. [Laughter.]
Mr. MURRAY, when his name was called, said: This was the first political question that he had ever enjoyed the pleasure of being able to vote with the Democratic party. With a little modification of one of the resolutions, he could vote freely for all of them.
Mr. WALLACE, when his name was called, said: Mr. President, I shall never put myself on record against my own honest sentiments. I vote "aye."
Mr. WEIR, when his name was called, said: I presume, although I shall vote for a suspension of the rules, I shan't vote for the resolutions is they are. I should like to see a fair flop between the wings and the body of this Lecompton bird, therefore I vote "aye."So, two-thirds not voting in the affirmative
The rules were not suspended.
SWAMP LANDS.
The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of State in reply to a resolution of the Senate that; the Secretary of State be requested to communicate to the Senate, at his earliest convenience, the amount of swamp lands deeded to each individual since the last session of the Legislature, in what county the same is situated, and the amount of money paid for the same (if he has a record of the amount of payment in his office); also, how much of said lands have been ditched and drained; in which the Secretary stated that the only way by which the information asked for in the first part of the resolution could be obtained would be by referring to each patent issued, and that service could not be performed by the force now employed in his office. The other inquiries could be better obtained from the Auditor's office.
Mr. GREEN moved that the communication be referred to the Swamp Land Committee.
The motion was agreed to by consent.
page: 157[View Page 157]COST OF PRINTING THE REPORT OF THE SECRETARY OF STATE.
The PRESIDENT pro tempore laid before the Senate another communication from the Secretary of State in answer to a resolution asking him to inform the Senate by what authority his predecessor had printed in his report certain statistical matter, nnd the cost of printing thereof; in which he states that he knows of no authority other than that stated in the commencement of said report; and as to the cost of printing the same, he apprehended the information desired could be more properly obtained elsewhere.
On motion by Mr. RICE, the communication was referred to the Committee on Printing.
Mr. HEFFREN said that for the information of Senators desiring to know about the cost of printing the matter referred to, he would state the amount to be about $276.
LEGAL ADVERTISEMENTS.
Mr. BOBBS, from the select committee to which was referred Mr. Green's bill (S. 41) in relation to the publication of legal advertisements, reported the same back with the following amendments thereto, and when so amended recommend its passage:
Amend the 1st section by striking out "weekly newspapers," and inserting in lieu thereof "a weekly newspaper," and amend the same section by striking out the words "daily newspapers," and inserting "a daily newspaper," where they respectively occur.
Mr. GOODING said the proposition was to so change the law as that the advertisement may be printed once a week in a daily paper. He was opposed to it, because it was in effect a bill to give notice to towns and cities and not to the country.
Mr. WILLIAMS proposed to amend the report by striking out the words "daily newspapers" wherever they occur.
Mr. RICE was opposed to the amendment He thought it right to give discretion to the officer to publish in a daily paper if he thought best.
Mr. MARCH demanded a division of the question.
The question being upon the amendment of the Senator from Knox [Mr. Williams] it was agreed to by yeas 23, nays 11.
On motion by Mr. MARCH, the report as amended was laid on the table.
CHOOSING UNITED STATES SENATORS.
Mr. WALLACE obtained leave to make a report from the select committee, to whom was referred his bill (S. 91) regulating the choosing of United States Senators,and providing for the designation of such. Senators by the voters of the State. The report proposed amendments and recommended the passage of the bill.
The report was concurred in, the bill read the second time by its title, and ordered to be engrossed for the third reading.
ADJOURNMENT TILL MONDAY.
Mr. JENNINGS obtained leave to offer the following:
Resolved, That when the Senate adjourn, it adjourn till Monday, 2 o'clock, P. M.
Mr. HEFFREN stated that the House of Representatives had adjourned till Monday, 2 o'clock, and he did not think that we ought to be compelled to work more than they of the House.
Mr HAMILTON thought we had better meet this afternoon and get up a political discussion.
Mr. GREEN hoped the Senate would adjourn, because there were enough Senators paired off and absent to defeat any astion that might be had.
The resolution was rejected by - yeas 12, nays 32.
JUDGMENT SALES OF PROPERTY.
The PRESIDENT pro tempore, announced the special order - being a report from the Judiciary Committee upon Mr. Murray's bill, (S. 57) providing that no judgment shall be rendered authorizing the sale of property, waiving benefit of valuation and apnraisement laws.
Mr. MURRAY said, in order to save discussion, and as Senators say there are other things in the law proposed to be amended that ought to be reached by this bill; he moved that the bill be recommitted to the Judiciary Committee.
The motion was agreed to by consent.
RE-LOCATION OF COUNTY SEATS.
Mr. MARCH moved to take from the table messages from the House of Representatives.
The motion was agreed to.
The bill (H. R. 79) for the re-location of county seats, was read through the first time.
Mr. SHOEMAKER moved a suspension of the rules, and that the bill be read the second time now.
The motion was agreed to - yeas 37, nays 3 - and the bill was read the second time by title.
Mr. COBB moved to amend by adding the following:
This act shall not be taken as repealing an act providing for the re-location of county seats, approved March 2, 1855.
Mr. JOHNSTON moved to amend by striking out the word "lawyers" wherever it occurs in the bill, and inserting in lieu thereof the words "competent persons." [Laughter.]
On motion by Mr. HEFFREN the bill and amendments were referred to a select committee of three.
The PRESIDENT, pro tempore, appointed Messrs. Shoemaker, Cobb and Wilson, said committee.
BOARD OF ELECTIONS.
The bill (H. R. 62) for the punishment of officers of elections for refusing or neglecting to receive legal votes, was read through and passed the first reading.
The resolution from the House of Representatives, requesting the Senate to return to the House Mr. Jones' bill (S. 31) fixing the time of holding courts in Bartholomew county, being read -
Mr. HEFFREN moved that the resolution lie on the table.
The motion was agreed to.
ADJOURNMENT SINE DIE.
The following resolution from the House of Representatives, came up as the next thing for the consideration of the Senate:
Resolved, That this General Assembly will adjourn sine die on Wednesday, the 22d inst.
page: 158[View Page 158]Mr HEFFREN moved to amend by inserting "Friday, the 24th."
Mr. MARCH said, as the Senate is not full it would be unfair to take final action now. I move that the resolution lie upon the table.
Mr. HEFFREN withdrew his amendment.
The motion was agreed to.
PUBLIC OFFICERS AS WITNESSES.
Mr. Jones' bill (S. 52) to render public officers competent to act as witnesses in cases brought on their relation to the State; and providing that the defendants to such action shall also be permitted to testify; coming up on the third reading, it was not passed, (yeas 23, nays 15) for want of a constitutional majority.
And then the Senate took a recess till 2 o'clock, P.M.
AFTERNOON SESSION.
Mr. WAGNER obtained unanimous consent to introduce a bill (S. 107) to authorize the Governor, Treasurer and Auditor of State to borrow money from the Sinking Fund Commissioners to pay wholly or in part the interest on the State debt due in January 1859.
Mr. HEFFREN stated that arrangements were already made for the borrowing of this money.
Mr. WAGNER moved that the rules be suspended and the bill read the second time now.
The motion was rejected by yeas 29, nays 3 - two-thirds not voting in the affirmative.
Mr. WILLIAMS moved to reconsider the vote by which Mr. Wallace's joint resolution, censuring the action of the Indiana U. S. Senators in the Lecompton question, was postponed to the 28th instant.
The motion was agreed to.
Mr. GREEN moved a call of the Senate.
The Secretary reported thirty-nine Senators present.
On motion of Mr. GREEN, further proceedings in the call were dispensed with.
On motion by Mr. CRAVENS a recount was had of the vote on Mr. Wagner's motion to suspend the rules, and the rules were suspended by yeas 37, nays 3.
So Mr. Wagner's bill (S. 107) was read by its title the second time.
Mr. CRAVENS moved that it be referred to a select committee of five.
The motion was agreed to.
The PRESIDENT, pro tempore, makes this committee to consist of Messrs. Cravens, Gooding, Carnahan, Murray and Miller.
COUNTY BOUNDARIES.
The bill (H. R. 11) repealing section 2 of an act forming new counties and changing county ooundaries, approved March 7, 1857, coming up on the second reading -
Mr. MURRAY moved its reference to the Judiciary Committee.
Mr. WAGNER moved to amend Mr. Murray's motion by striking out "Judiciary Committee" and inserting "a select committee of five."
The motion was agreed to, and the bill was referred to a select committee of five, which the PRESIDENT, pro tempore makes to consist of Messrs. Wagner, Murray, Odell, Heffren and Rice.
SPECIAL TERMS OF COURTS.
The bill (H. R. 36) to amend section 1 of an act providing for extending the terms of courts by adjournments, &c., approved February 12, 1855, and to authorize judges to call and hold special terms, and for pay to judges and prosecuting attorneys in attendance upon the same, coming up on the second reading -
Mr. HEFFREN moved its reference to the Judiciary Committee and it was so referred.
PARTITION OF REAL ESTATE.
Mr. Conner's bill (S. 97) to provide for the partition of real estate, laying the same off into lots, streets and alleys, coming up, it was read through the second time and ordered to be engrossed for the third reading.
PAPER CURRENCY.
By unanimous consent the bill (H. R. 9) to prevent the circulation of unauthorized paper currency was read through and passed the first reading.
DJOURNING TILL MONDAY.
Mr. BOYD, (by unanimous consent,) submitted the following:
Resolved, That this House now recede from the resolution by which it was ordered that the House shall adjourn each Saturday at eleven o'clock till Monday at two o'clock.
Mr. SCOTT. The House has already once refused to reconsider the vote on the adoption of that resolution.
The SPEAKER. It is out of order, for the time (eleven o'clock) is already past. This House stands adjourned till Monday 2 o'clock.
So the House adjourned.
Stanfield paired off with Merrifield.
So the intructions prevailed.
Mr. EDWARDS moved to reconsider this ator from Warren [Mr. Wagner] to the chair; but he, pleading that he wished to be upon the floor during the discussion, designated the Senator from Jefferson [Mr. Cravens].
The Senate accordingly resolved itself into a Committee of the Whole - Mr. Cravens in the chair.
Messrs. Heffren, Johnston, Murray, Wagner, Craven, Stevens, Kinley, Beeson and Line were severally heard at length upon the merits and demerits of the bill, when -
Mr. WAGNER moved that the bill be reported to the Senate, the committee rise, report progress, and ask to be discharged from the further consideration thereof.
The motion was agreed to.
So, Mr. CRAVENS, the Chairman of the Committee of the Whole, to whom was referred Mr. Wagner's bill (S.26) supplemental to an act providing for a general system of common schools, reported that the committee had had the same under consideration, and after protracted discussion thereon, had directed him to report the bill back to the Senate, without amendment, asking to be discharged from the further consideration thereof.
The report was concurred in by consent.
ALLEN MAY.
Mr. MARCH, from the Judiciary Committee, page: 159[View Page 159] to which was referred a resolution having reference to the claim of the State against Allen May and others, obtained unanimous consent to report that in the opinion of the Committee, Colonel May's sureties, Messrs. Bright and Drake, had due notice of process, and are liable for the amount.
CHANGE OF VENUE.
Mr. GOODING, from the same committee, to which was referred Mr. Heffren's bill (S. 50) to amend the sections 207 and 208 of a law reform act, approved June 18, 1852; so as to Authorize a change of venue in certain cases, obtained leave to report the same back, recommending its passage with amendments.
The report was concurred in, by consent, and the bill ordered to be engrossed.
OLD STATE BANK.
Mr. WALLACE moved that the Committee on Finance be instructed to report back to the Senate his joint resolution (S. 3) with regard to the in debtedness of the old State Bank to the State of Indiana.
The motion was agreed to.
Mr. GREEN demanded a call of the Senate.
The call having been commenced -
A SENATOR moved that the call be dispensed with.
The PRESIDENT pro tempore decided that the motion was agreed to, and in the midst of cries for "a division," and many motions to adjourn, he declared -
The Senate adjourned.
