HOUSE OF REPRESENTATIVES.
SATURDAY, November 20, 1858.The House of Representatives of the fortieth General Assembly of the State of Indiana, met in the Representatives Hall, this day, at nine o'clock, A. M., for organization in Special Session, under the Proclamation of the Governor, dated November 9, 1858.
page: 3[View Page 3]ORGANIZATION OF THE HOUSE OF REPRESENTATIVES.
In the absence of the Principal Clerk of the last House of Representatives,JAMES R. BRACKEN, of Hancock county, the first Assistant Clerk of that body, proceeded to call the roll of members' names, when the following Representatives appeared, submitted their credentials, and took their seats severally, receiving the oath of the Constitution at the hands of the Hon. DAVID WALLACE, Judge of the Court of Commrn Pleas for Marion county, in the following terms: "You and each of you do solemnly swear that you will support the Constitution of the United States, and the Constitution of the State of Indiana, and that you will faithfully discharge your duties as Representatives of the State, in the present General Assembly: so help you God:"
- From the county of Allen - M. McLain, C. Wheeler.
- Adams - Jonathan Kelly.
- Bartholomew - A. G. Collier.
- Boone - Clark Duvall.
- Boone and Hendricks - 0. S. Hamilton.
- Brown - L. Prosser.
- Clark - A. J. Carr.
- Carroll - Nathaniel Black.
- Crawford - David Summers.
- Clinton - James B. Newton.
- Cass - C. B. Knowlton.
- Clay - Lewis Row.
- Dearborn - William Tebbs.
- Daviess - R. A. Clements, Jr.
- Delaware - William Brotherton.
- Decatur - William J. Robinson.
- DeKalb - Miles Waterman.
- Dubois - -
- Elkhart - John Thompson.
- Elkhart and LaGrange - Charles L. Murray.
- Floyd - John S. Davis.
- Fayette and Union - George W. Treadway.
- Franklin - Thomas Gifford.
- Fulton - Banner Lawhead.
- Fountain - Horatio R. Claypool.
- Greene - Elijah H. C. Cavins.
- Grant - William Hall.
- Gibson - Isaac H. Wood.
- Harrison - Henry Jordan.
- Hancock - Samuel Shockley.
- Hamilton and Tipton - Addison Boxley.
- Henry - J. H. Mellett.
- Howard - J. Harrison.
- Hendricks - Levi Ritter.
- Huntington and Whitly - J. B. Firestone
- Johnson - Augustus Keefer.
- Johnson and Morgan - 0. R. Dougherty.
- Jennings - John T. Shields.
- Jay - George T. Whiteman.
- Jefferson - D. C. Branham, J. L. Mansfield
- Jackson - S. S. Early.
- Knox - J. N. Eastham.
- Kosciusko - Sylvanus Davidson.
- Kosciusko and Wabash - Andrew J. Power
- Lake - Elihu Griffin.
- La Porte - M.G. Sherman, W. H. Scott
- Lawrence - E. Boyd.
- Lagrange - Levi L. Wildman.
- Madison - William A. Thompson.
- Miami - William Smith.
- Marion - J. W. Gordon, I. N. Cotton
- Morgan - Cyrus Whetzel.
- Monroe - Martin C. Hunter.
- Montgomery - James F. Harney.
- Martin - C. S Dobbins.
- Marshall and Starke - W. 0. Parks.
- Noble - H. S. Stanley.
- Ohio and Switzerland - W. H Gregory
- Owen - John H. Morton.
- Orange - David S. Lewis.
- Posey - Hassel Nelson.
- Pike - G. W. Massey.
- Porter - Thomas J. Merrifield.
- Parke - Samuel H. Johnston.
- Putnam - I. N. Rynearson, J. B. Fordyce.
- Pulaski and Jasper - D. Snyder.
- Perry - Hamilton Smith.
- Ripley - William L Hartley.
- Randolph - Silas Colgrove.
- Rush - Festus Hall.
- Shelby and Hancock - Thomas Clayton.
- Shelby - William Major.
- Sullivan - David Usney.
- Spencer - Calvin Jones.
- Scott - T. M. Sullivan.
- Steuben - Philo Clark.
- St. Joseph - Thomas S. Stanfield.
- Tippecanoe - C. Miller, J. N. Stiles.
- Vermillion - Aquilla Nebeker.
- Vanderburg - Ben. Stinson.
- Vanderburg and Posey - James E. Blythe.
- Vigo - John P. Baird, W. K. Edwards.
- Wabash - John Comstock.
- Warren - R. M. Nebeker.
- Wayne - W C. Jeffries, J. H. Hamilton, J. M. Austin.
- Warrick - William F. Parrett.
- Washington - J. A. Bowman.
- Washington and Harrison - William Hancock.
- White and Benton - David Turpie.
- Wells and Blackford - W. T. Shull
ELECTION OF SPEAKER.
The Assistant Clerk of the last House of Representatives then announced the order of nominations and election of Speaker to the present House, and that the election be viva voce.
Mr. EDWARDS nominated Jonathan W. Gordon, of Marion county.
Mr. SMITH, of Perry, nominated David Turpie, of White county.
The Clerk then called the House for the vote, and reported the result, as follows:
For Mr. Gordon - Messrs. Austin, Baird, Boyd, Boxley, Branham, Brotherton, Cavins, Clark, Colgrove, Collier, Comstock, Cotton, Davidson, Davis, Duvall, Edwards, Fordyze, Gregory, Griffin, Hall of Grant, Hall of Rush, Hamilton of Boone, Hamilton of Wayne, Harrison Hunter, Jeffries, Johnson, Mansfield, Mellett, Miller, Murray, Morton, Nebeker of Vermillion, Nebeker of Warren, Parks, Power, Ritter, Robinson, Rynearson, Scott, Sherman, Shields, Smith of Miami, Stanfield, Stiles, Thompson of Elkhart, Treadway, Whetzel, Whiteman and Wilson - 50.
For Mr. Turpie - Messrs. Black, Bowman, Carr, Claypool, Clayton, Clements, Dobbins, Dougherty, Durham, Early, Eastham, Firestone, Gifford, Hancock, Harney, Hartley, Jordan, Keefer, Kelly, Knowlton, Lawhead, Lewis, Mc'Lain, Major, Massey, Mansfield, Nelson Newton, Parrett, Prosser, Shockley, Shull, Smith of Perry, Synder, Stanley, Stinson, Sullivan, Summers, Thompson of Madison. Usrey, Waterman, Wheeler and Wood - 43.
Mr. Blythe voted for John S. Davis; Mr. Jones for Mr. Blythe, and Messrs Row, Gordon and Turpie voted blank.
Whereupon the former House Clerk declared Mr. Gordon duly elected Speaker of this branch of the General Assembly, and called upon Messrs. Turpie and Stanfield to conduct the Speaker to the Chair.
That service being performed, and witnessed with applause from the lobbies, the Speaker said:
Gentlemen of the House of Representatives: I thank you for this preferment, honorable indeed, if the obligations which attend it shall be discharged with fidelity; and your generous confidence whose voice I obey in assuming them, shall be remembered with gratitude. Allow me to assure you of the gratitude of an overflowing heart, as the best pledge in my power for that fidelity; and to say, if this alone were sufficient to secure success in this to me untried position, I should not hesitate at the threshhold, nor distrust, as I now most unfeignedly do, my abilities and preparation for its duties.
The people of Indiana look to the present General Assembly with unusual interest - an interest page: 4[View Page 4] approaching anxiety. They expect much at our hands. This House, as an integral branch thereof, is to them no less an object "of interest and hope; for they know that upon it depends the successful action of the whole A common constituency desire that we shall act as becomes the representatives of a common people, suffering under the pressure of the times, and the evils incident to improper and inefficient legislation upon very many of the most important interests of society. They ask that we shall unite, and, as one man, labor for the correction of old abuses and the prevention of new; that their finances be placed upon an equitable and firm basis, and their Treasury protected from invasion from whatever-quarter; that all unnecessary expenditures shall be cutoff; that their servants shall be justly paid for their services, and all nameless and ruinous perquisites withheld; that the common school system shall be re-constructed and rendered harmonious with the Constitution and conducive to ihe thorough education and development of the rising generation, into whose hands the State with all her interests arid institutions must soon pass. Nor are our public charities regarded by the peo pie with less solicitude. They must be secured against all abuses and enabled to give expression to that highest phaze of associaied benevolence of which they are the appropriate representatives. In a word, Indiana, in the language of Nelson, expects every man to do his duty.
Called upon to act as your organ in responding to these just expectations and hopes of the State, I need not say to those who know me, and whose kindness has placed me here, that whatever I can do to facilitate the accomplishment ofour common purpose shall be done. I know however that I shall often fall short of your just expectations, and be under the necessity of relying upon your wisdom, sympathy and the charitable forbearance of the House by whose" kindness I have been called to these responsibilities, One thing only I promise - my errors shall be errors of the head - not of the heart.
Relying upon your charitable support, I again thank you from the very bottom of my heart.
PRINCIPAL CLERK OF THE HOUSE OF REPRESENTATIVES.
The SPEAKER now announced the order of nominations and election of Principal Clerk to the House of Representatives.
Mr. DOBBINS nominated Thomas A. Me Farland, of the county of Shelby.
Mr. BOYD nominated Richard J Ryan, of the county of Marion.
The Clerk of the former House of Representatives then called the roll for this vote, resulting:
For R.J. Ryan - Messrs, Austin, Baird, Boyd, Boxley, Branham, Brotherton, Cavins, Clark, Colgrove, Collier, Comstock, Cotton, Davidson, Davis, Duvall, Edwards, Fordyze, Gregory, Griffin, Hall of Grant, Hall of Rush. Hamilton of Boone, Hamilton of Wayne, Harrison, Hunter, Jeffries, Johnston, Jones, Mansfield, Melletc, Miller, Murray, Martin, Nebeker of Vermillion, Nebeker of Warren, Parks, Power, Ritter, Robinson, Row, Rynearson, Scott, Sherman, Shields, Smith of Miami, Stanfield, Stiles, Stinson, Thompson of Elkhart, Treadway, Whetzel, Whiteman, Wildman and Mr, Speaker. - 54.
For T. A. McFarland - Messrs. Black, "Rlythe, Bowman, Carr, Claypool, Clayton, Clements, Dobbins, Dougherty, Durham, Early, Eastham, Firestone, Gifford, Hancock, Harney, Hartley, Jordan, Keefer, Kelly, Knowlton, La head, Lewis, McLain, Major, Massey, Merrifield, Nelson. Newton, Parrett, Prosser, Shockley, Shull, Smith of Perry, Snyder, Stanley, Sullivan, Summers,Thompson of Madison, Turpie, Usrey, Waterman, Wheeler and Wood - 44.
Messrs. Kempf and Tebbs absent.
Richard J. Ryan having received a majorty of all the votes cast was declared by the Speaker to be duly elected Principal Clerk of the House of Representatives, and thereupon (amid applause from the lobbies) the Principal Clerk elect, came to the forum and received the oath of the Constitution at the hand of the Hon. David Wallace.
ASSISTANT CLERK OF THE HOUSE OF REPRESENTATIVES.
The SPEAKER announced the order of nominations and election of Assistant Clerk of the House of Representatives.
Mr. AUSTIN nominated George H. Chapman, of the county of Marion.
Mr MERRIFIELD nominated Ellis Campbell, of the county of Porter.
The former House Clerk called the roll for this election, which resulted:
For Mr. Chapman - 50 votes.
For Mr. Campbell - 15 votes.
Mr. Chapman having received a majority of the votes cast was declared duly elected, and he also came to the forum and received the oath.
DOOR KEEPER OF THE HOUSE OF REPRESENTATIVES.
The SPEAKER announced the order of nominations and election of Door-keeper to the House of Representatives.
Mr. MURRAY, of Elkhart, nominated Robert 0. Jennings, of the county of Floyd.
Mr. TURPIE nominated Captain John B. Mil-roy, of the county of Carroll.
The former House clerk called the roll for this election, and the following result was reported:
Robert O. Jennings received 54 votes.
John B. Milroy received 43 votes.
The SPEAKER, thereupon, declared that Robert O. Jennings, of Fioyd county - he having received a majority of all the votes cast - was elected Door-keeper to the House of Representatives; and Mr. Jennings came forward, received the oath and entered on the duties of his office.
A message from the Senate, by James H. Vawter, their Secretary, was now received, announcing the organization of that body by the election to constitutional officers, and their readiness to proceed to legislative business.
Mr. DOBBINS submitted the following resolution, which was adopted:
Resolved, That the Senate be informed that the House of Representatives have organized by the election of Jonathan W. Gordon, of Marion, for Speaker; Richard J. Ryan, of Marion, for Clerk; George II. Chapman, of Marion, for Assistant Clerk; and Robert 0. Jennings, of Floyd, for Door-keeper, and that they are now ready to proceed to business.
Mr. AUSTIN submitted the following, which was adopted:
Resolved, That the Door-keeper be authorized to appoint two boys to act as pages to the House during the present session.
Mr BOYD submitted the following, which was adopted:
Resolved, That the rules governing the last House of
page: 5[View Page 5]Representatives be adopted, temporarily, as the rules of the present session.
Mr DOBBINS submitted the following, which was adopted:
Resolved,
That the Reporters for the city newspapers be permitted to occupy seats upon the floor and within the bar of the House, and that the same be assigned them by the Speaker.
The House then took a recess till two o'clock, P. M.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at two o'clock
RULES.
Mr. TURPIE submitted the following, which was adopted:
Resolved, That the Door-keeper furnish the members, at their desks, each, with a copy of the Rules of the House, and Joint Rules of the House and Senate, as soon as practicable.
COMMITTEE TO WAIT ON THE GOVERNOR.
Mr. DOBBINS submitted the following, which was adopted:
Resolved, That a committee of two be appointed by the Speaker, on the part of the House of Representatives, to act with a similar committee on the part of the Senate, to wait on His Excellency the Governor, to learn from him what time he will deliver his message, and that the Senate be informed of the adoption of this resolution.
DOOR-KEEPER'S SERVICE.
Mr. NEBEKER, of Warren, submitted the following, which was adopted:
Resolved, That the duties usually imposed upon and performed by a Sergeant-at-arms, be performed by the Doorkeeper of this House, without additional pay.
Mr. JEFFRIES submitted the following, which was a opted:
Resolved, That the Door-keeper be instructed to procure and cause to be placed upon the desk of each member of this House, a copy of the Revised Statutes of the State of Indiana, and a copy of the Journals and Acts of the Session of 1857.
ASSISTANT DOOR-KEEPERS.
Mr. MURRAY, of Elkhart, submitted the following:
Resolved, That the Door-keeper be allowed to appoint such assistants as he needs, not exceeding six in number,
Mr. HUNTER proposed to amend,by striking out "six," and inserting "four."
Mr. MURRAY, of Elkhart. Mr, Speaker, I thought my proposition a considerable retrenchment; and I think if the gentleman will reflect on the duties the Door-keepers have to perform, he will find that four will not be sufficient. Looking over the number of Door-keepers required by the last Legislature, I find they had ten or eleven in each House - twenty-four in both Houses. This service requires two Doorkeepers here in this Hall, two in the stationery-room, and two for the fires. I think six absolutely necessary for the business of the House.
The amendment was adopted; and the resolution as amended was also adopted.
Mr. KEEFER submitted the following:
Resolved That the Assistant Clerk have leave to appoint two assistants.
Mr. JONES What amount of force would that give to the desk?
The SPEAKER. Three Clerks besides the Principal Clerk.
Mr. TEBBS. Does that permit the Principal Clerk to appoint two also?
The SPEAKER. It does not.
Mr. TEBBS. I would suggest an amendment, then, that we have four Clerks appointed.
Mr. KEEFER. I am willing to that - let each clerk appoint two.
Mr. COLGROVE. I apprehend that this resolution is a little premature. I suppose it is intended that the House shall take under its control the fixing of the number of Clerks, and I hope to be able to satisfy the country that I am in favor of economy. I know we must have necessary clerical help in order to dispose of business. Our Principal Clerk is a new man in his position without official experienceand I supoose a day or two will give him a little experience, sufficient for him to determine what number of Clerks are necessary. Until we learn what we need in this service we ought to dispense with any resolution of this kind. I therefore move to lay the resolution and pending amendment on the table.
The motion was agreed to.
NEWSPAPERS FOR MEMBERS.
Mr. DOBBINS submitted a resolution instructing the Door-keeper to subscribe for and procure, to be laid upon the desk of each member of this House, during the present session, three copies of the following newspapers: The Daily State Journal, the Daily State Sentinel, and the Weekly Locomotive.
Mr. RITTER moved to lay the resolution on the table; but withdrew the motion for -
Mr. MURRAY, of Elkhart. Mr. Speaker, I think we should subscribe only for such newspapers as have Reporters on this floor. It has been usual in both branches of the Legislature to subscribe for about three copies of all the newspapers published in the city of Indianapolis. But I think we ought to confine our subscriptions to those supporting Reporters here; and I think that will meet the approbation of our constituents. They want to know what is going on here, and I have yet to find out a single man that has ever grumbled at receiving this kind of information from his Representative. For this simple reason, I am opposed to subscribing for all the papers of the city. We might as well go out and subscribe for papers all over the State. I move to amend the resolution by saying three copies of such newspapers as support Reporters of the proceedings of the General Assembly.
Mr. DOBBINS. A resolution was adopted this morning allowing all Reporters of the various city newspapers the privilege of seats within this bar; and upon that rule we should subscribe for them all. My object in subscribing for newspapers in this way, is to send out information of the proceedings of the Legislature. I simply require three copies of the Journal, Sentinel and Locomotive. I think these will be sufficient, and little enough. This is a resolution that has been adopted by every Legislature for several years past, and it is certainly one of the best means of conveying to the country information of the action of the Legislature. I am willing to go for every city paper having Reporters on this floor.
Mr. MURRAY, of Elkhart. Mr Speaker, I have a little experience in this business - an experience page: 6[View Page 6]of seven years as a Reporter in the other end of the Capitol. I have seen discussions of this kind, and they generally end in subscribing for the papers. I can not be in favor of embracing in the resolution too many papers, but I would be willing to subscribe for every paper in the State that is represented here by a Reporter. There are but two papers in this city that have furnished permanent Reporters for the Legislature, and it has been the uniform custom - a very absurd custom, I think - to subscribe for all the papers in the city. I wish to restrict the resolution to those papers that furnish regular Reporters on this floor. If they are able to support Reporters on this floor, I think we ought to take their papers. They pay some $15 or $20 per week for Reporters here, for the information of our constituents as to the proceedings of this body, and this is the only means we have of giving our proceedings to the people of the State. Therefore, I think it is our duty to patronize those papers which furnish these reports; and as I said before, I have never yet heard a complaint on account of such an expenditure of the public money. I submit the following amendment:
Strike out all after "Resolved," and insert, "That the Door-keeper be empowered to procure three copies for each member of such of the papers of this city as shall maintain Reporters on this floor for the purpose of reporting the proceedings of this House in full."
Mr. BOYD. I move to strike out "three" and insert "two."
Mr. NEBEKER, of Warren. By the terms of the amendment of the gentleman from Elkhart, all the city papers may set Reporters on this floor for the sake of getting patronage. It has been customary, I believe, to appoint a committee in this matter, to wait on the publishers and ascertain their terms for furnishing a certain number of papers, stamped and ready for distribution. To give time to think about this matter, I move to lay the resolution and amendment on the table.
The motion was agreed to.
PROSCRIPTION OF TOBACCO.
Mr. AUSTIN submitted a resolution to the effect, that the Door-keeper be instructed to post up in conspicuous places in this House, copies of the 27th of the rules adopted for the government of this House - [the rule against smoking in the Hall] - and see that it be enforced.
Mr. DAVIS. I am requested by the Door keeper to state, that the rale will be enforced without the adoption of any resolution.
Mr. AUSTIN. Still it will stand for information of the rule, if the resolution be passed. I have myself already felt the deleterious effects of smoking here, and I want our visiting friends posted up in the matter.
The resolution was adopted.
HATS OFF IN THE LOBBY.
The SPEAKER. There is another rule that should be also specially enforced, and that is that gentlemen shall not wear their hats in the lobby.
Mr. DOBBINS. What is the number of the rule to which the Chair refers?
The SPEAKER. I do not know. It is a good rule, and we shall try to have it enforced, whether it has been adopted amongst the members here or not. This is a court and we shall endeavor to enforce all rules for good order.[Laughter.]
MR. TEBBS.
On the motion of Mr. DURHAM, his colleague from the county of Dearborn, [Mr. Tebbs,] came foward to the forum, delivered his credentials, received the oath of a member of the House of Representatives at the hands of the Speaker, and took his seat.
The House then adjourned till Monday morning at nine o'clock.
