BREVIER LEGISLATIVE REPORTS
BY ARIEL & W. H. DRAPIER
Vol. IV INDIANAPOLIS, JAN. 28, 1861 No. 6
their only salvation to have this bill pass. It makes provision for the funding of the company's debt. He represented the stockholders, bondholders, and the floating debt creditors. There was an agreement between these which the bill proposed to legalize. He himself had no other interest in the road than that of a stockholder-the least and lowest interest. He believed that they could get along and pay all the road had cost, if they could get the debt and interest funded, and out of the hands of the Courts.
On the motion of Mr. PARRETT, it was referred to the Committee on the Judiciary.
Mr. Woodhull's bill [36] for the relief of the heirs of Michael O'Brien; was referred to a Select Committee of five.
SELECT COMMITTEE ON PRINTING.
The SPEAKER now announced this Committee, viz: Messrs. Gresham, Cameron, Burgess, Smith of Bartholomew, and Packard.
Mr. FISHER made an ineffectual motion to take Mr. Heffren's bill [17] in relation to the Public Printing out of the hands of the Committee on Ways and Means, and refer it to this Select Committee.
TRUSTEUS OF THE INDIANA UNIVERSITY.
The SPEAKER laid before the House the response of Samuel L. Rugg, Superintendent of Public Instruction, to the resolution of the House calling for a list of the names of the Trustees of the Indiana University. &c. The names are-
S. T. Wilson, of Mongomery ; D. G. Rose, of Laporte; R. W. Wilson, of Monroe, (whose term expires March 4, 1861;) Jno, S. Tarkington, Jas. Sweetzer, (whose term expires March 4,1862,) and J. B. Winstanley, B. Hanna, and D. Sheeks, (whose term expires March 4, 1863.)
Mr. Brucker's bill [38] to amend the liquor law, was referred to the Committee on Temperance.
STATE OF THE UNION.
Mr. BUNDY asked and obtained leave to toake a report from the Committee of Thirteen, embracing the following resolutions, which the Committee were unanimous in recommending:
Be it Resolved &c., That the preservation of the Federal Constitution and the Union of the States are essential 10 our tranquility at home and consideration abroad, and that the liberty of the people would be greatly endangered by its dissolution.
2. That the Government of the United States cannot permit any State to withdraw from the confederacy without violating the terms of the compact between it and the people of the States which constitute the Union.
3. That while the constitutional rights of every State in the Union should be maintained inviolate, the authority of the National Government, acting within the powers given it by the people, must also be maintained, and the laws of Congress faithfully executed in all the States of the Union ; and that all attempts to resist the execution of such laws are revolutionary in their character and should be promptly suppressed.
4. That the people of Indiana are unalterably opposed o interference with the laws and institutions of any other State, just as they would oppose interference by the people of other States with the laws and institutions of this State; that they have ever maintained their constitutional obligation, and in good faith executed the laws of Congress according to their letter and spirit, and they demand and expect every other State of the Union to do the same.
5. That the Federal Constitution, without alteration or amendment is amply sufficient, if obeyed, to preserve the Union and secure the just rights of the people of all the States ; but as differences of opinion have arisen between the Northern and Southern sections of the Union respecting the common Territory there of which threaten to involve the country in civil war, to avert so great a calamity, and to restore peace to the country, the State of Indiana proposes as a basis of settlement, by-proper enactment, to restore the Missouri Compromise line of 30 degrees 30 minutes, with all the rights of the people North and South as they formerly existed; or any other reasonable and just arrangement which shall not require the sacrifice of the rights of people of any part of the confederacy.
6. That any State having laws on her statute books designed or intended to interfere with the due execution of the laws of Congress ought to repeal them without delay.
7. That for the purpose of a friendly interchange of opinion, and in order to strengthen the bonds of Union and friendship, as well as correct any misapprehension which may exist respecting the designs of Northern people against the domestic institutions of those States, His Excellency the Governor be and he is hereby directed and requested to appoint two of our most eminent citizens to proceed without delay to the States of Kentucky and Tennessee, whose Legislatures are now in session, and by public addresses before these bodies or otherwise, give assurance to them of the ardent desire of the people of Indiana to preserve the American Union, and protect and secure the rights of the people of all the States.
Mr. DOBBINS moved that the consideration of the report be postponed,and that it be made the special order for Thursday, 10 o'clock. He said he was not prepared to vote on a matter of so much gravity and importance upon the mere reading of the paper. He did not think now that he could vote for the report without amendment. He trusted the House would postpone it till gentlemen might have time to vote understandingly, and so as to satisfy the other States of the Union that Indiana is prepared to present something practicable.
page: 84[View Page 84]Mr. BUNDY moved that 200 copies be printed.
The SPEAKER suggested that several members absent would not be here till to-morrow night.
Mr. HEFFREN. There were other gentlemen-the eight members of the Special Penitentiary Committee-who could not be here till Saturday. While he was anxious that every gentleman should take these resolutions, examine and act upon them as their judgment and conscience shall dictate, he hoped that,if they were postponed at all, it would be till this Committee could return. These resolutions were reported by Democrats and Republicans With the exception of one resolution, the Committee were unanimous in the report. About the 5th resolution there was some difference but they still met on common ground, and made it unanimous, supposing it would have a better effect than if they came in here disjointed and jarring with several reports. He did not know why we should put it off longer than to-morrow. And as for the printing both papers would do that to-morrow morning. He moved to amend by saying "Wednesday."
Mr. PARRETT was opposed to the printing order. We should have it in the papers, and that would be sufficient. It might be proper to postpone it till the House would be full.
Mr. DOBBINS called for a division of the question.
The SPEAKER. The first question is on postponement.
Mr. GRESHAM was willing to vote for any reasonable compromise-not an ignominious one. To-morrow morning would not afford sufficient time. He liked the tone of the resolutions, but they were too indefinite as regards the re-establishment of the Missouri Compromise line. He hoped, however, to be able yet to agree with the gentleman from Washington, upon them; and they two were as far apart politically as any two members of the House.
Mr. EDSON considered the action to be taken on these resolutions would be the most important action of the session. He wanted prompt action. He thought the resolutions did not go far enough. He was opposed to the restoration of the Missouri Compromise. Compromises of Congress were too easily violated. Any change or arrangement for conciliation should be in the Constitution of the United States.
The SPEAKER. Debate on the merits of the resolutions were hardly in order.
Mr. EDSON. Thinking there was nothing in these resolutions that could avail, he was in favor of postponing till the longest time.
Mr. PACKARD would prefer to make the time of consideration Monday or Tuesday.
Mr. PROSSER was in favor of Mr. Heffren's motion. There was a disposition to make long speeches. If gentlemen could have been in our committee they would have heard no discussion there. We met as brothers, If gentlemen would reopen discussion, the report would amount to nothing. He thought gentlemen could be prepared to vote on it to-morrow. He would to God that we could vote for this report to-day, before the American flag shall float from the dome of this building today. Diverse opinions must be compromised.
Mr. DOBBINS never had spoken here in long speeches. It was not for lengthy speeches but for due consideration that he asked for delay. He did not see the necessity for the order to print.
Mr. FRASIER. Time was not gained in de-claiming against long speeches in long speeches. He was in favor of Thursday.
Mr. HEFFREN A few days ago, there was a resolution to urge the committee to report. Now the committee had reported, was the House averse to action ?
Mr. SHERMAN moved to postpone till Tues. day 10 o'clock.
Mr. FRASIER demanded the previous question, and there was a second.
The first question being on the adoption of Mr. Sherman's amendment, it was agreed to.
The House refused to print the resolutions.
THE AMERICAN FLAG.
Mr. HEFFREN submitted an order, which was adopted, that the Senate be invited to participate with the House in the ceremonies of raising the American flag on the dome of the capitol at half-past two o'clock.
Mr. FRASIER submitted an order, which was adopted, that Miss C. Richings be invited to attend and sing the Star Spangled Banner.
Mr. McLEAN proposed a committee of three for this purpose; which was agreed to; and the Speaker thereupon appointed Messrs. McLean, Polk and Frasier.
AFTERNOON SESSION.
PROGRAMME OF THE FLAG RAISING.
Mr. HEFFREN, from the Select Committee on that subject, obtained leave to report that the ceremonials would take place at half-past two o'clock, according to the following programme:
- Hoisting the flag.
- Salute of 33 guns.
- Remarks by Govs. Lane and Hammond.
- The Star Spangled Banner, sung by Miss C. Richings.
- Remarks by Messrs. Hendricks and Voorhees.
- E Pluribus Unum, recited by Miss C. Richings.
- Review of the Military, by Governor Morton.
Mr. HEFFREN stated that the committee laving consulted as to the place for the speaking and recitals, had agreed that it should be n the front of the State House. It would be impossible for the crowd to get into the Hall.
The report was concurred in.
page: 85[View Page 85]A message from the Senate, by Mr. Tyner, their Secretary, announced the acceptance of that body of invitation to attend on the flag-raising.
The House resumed the consideration of bills on the second reading.
Mr. Nebeker's bill [39] to authorize the formation of new counties, was considered and to the Committee on New Counties.
The House then, at half-past two o'clock, adjourned.
IN SENATE.
WEDNESDAY, January 23,1861.Mr. WHITE presented a petition, which was referred to the Special Committee on County and Township Business without reading.
Mr. HULL presented a petition, praying for the repeal of the new county acts of '57 and '59 which was read, and took the same reference.
PROTECTION OF FISH.
Mr. LINE, from a Select Committee to which as referred a petition for the passage of a law protecting fish in inland waters of the State, submitted a report recommending the passage of Mr. Claypool's bill [S. 40] on that subject.
WHAT HAS BECOME OF THE SCHOOL MONEY?
Mr. BEESON offered a resolution, which was adopted, directing the State Auditor to report by what law the whole amount of the common school fund was ordered to be paid into the treasury, and why $255,000 of that fund has been withheld from distribution.
Mr. ODELL offered a resolution, which was adopted by consent, directing the Committee on Education to inquire into the expediency of increasing the common school fund so as to afford free schools throughout the State at least three months in the year.
ELECTION OF STATE PRINTER.
Mr. NEW COMB offered a resolution, providing for a joint Convention at 2 o'clock this afternoon to elect a State Printer to serve for two years; the General Assembly reserving the right to abolish the office, change the rate of compensation, or otherwise legislate on the subject, to which the person elected and his securities shall file consent in the office of Secretary of State.
Mr. WAGNER moved to strike out the words "Joint Convention," so that the Houses may be left free to determine the manner of election.
Mr. NEWCOMB. I accept the amendment.
Mr. RAY. I move to postpone indefinitely the consideration of this subject.
The motion was rejected.
Mr. COBB. I move to amend by striking out all that part of the resolution referring to the right of legislation upon the matter.
Mr. NEWCOMB. I am rather inclined to think we have that right, but as it is a question whether, after entering into a contract of this character, we can then rescind it, to save all question, I propose to reserve the power in express terms.
Mr. COBB. I withdraw my amendment.
The resolution was adopted by yeas 25, nays 17.
HOMESTEAD FOR ACTUAL SETTLERS.
Mr. LANDERS offered a resolution, which was adopted, requesting our Congressmen to use their efforts to secure the passage of a law securing to actual white male settlers over 21 years of age, and to widows a homestead of 160 acres of lard.
The resolution was adopted, by yeas 38, nays 0.
ASSESSORS.
Mr. JOHNSON offered a resolution, which was adopted, instructing the Committee on Finance to inquire into the expediency of amending the revenue law so as to authorize county boards to appoint one or more assessors in large towns or cities.
GOVERNOR-SUCCESSION.
Mr. STONE offered a resolution, which was adopted by consent, directing the Judiciary Committee to inquire into the expediency of so amending the law, that in case of the removal or death of the Governor and Lieutenant Governor, the duties of Governor shall devolve upon the President of the Senate.
ROAD COMMISSIONERS.
Mr. MURRAY offered a resolution, which was adopted, instructing the Committee on Roads to inquire into the expediency of so amending the law as to make viewers appointed to locate or change roads, discharge the duties required in sections 19, 22 and 23 of the Revised Statutes.
ASSESSORS' RETURNS.
Mr. JOHNSON offered a resolution, which was adopted, directing the Committee on Finance to inquire into the expediency of so amending the Revenue laws as to require assessors to report to county boards on the first Monday in March instead of the first Monday in June.
ASYLUM FOR INEBRIATES.
Mr. STONE offered a resolution, which was adopted by consent, directing the Committee on Benevolent Institutions to inquire into the expediency of providing, at an early day, an asylum for inebriates, to be located at some central place in this State.
A MESSAGE FROM THE HOUSE
Announced the concurrence of that body in the Senate resolution, authorizing the Committee on the State Prison to visit the Michigan City Prison.
COMMON PLEAS COURT IN GIBSON AND OTHER
COUNTIES.
On motion by Mr. WILLIAMS, the order of business was suspended, and the bill [H. R. 59] to amend section 1 of the act fixing the page: 86[View Page 86] time of holding common pleas courts, approved March 5, 1859,was read the first time. The rules were suspended-yeas 40, nays 0-the bill was read the second time by title; then considered as engrossed, read the third time, and finally passed by yeas 62, nays 0.
FEDERAL RELATIONS.
Mr. SLACK moved to postpone the special order for this hour-being the resolutions on the state of the Union, printed on pages 58 and 59 of these reports-until Tuesday next, at 10 o'clock.
Mr. CRAVENS. [Mr. Wagner in the chair.] I am anxious to have a vote upon these resolutions, and while I am anxious to hear every gentleman upon this floor express himself, I am also anxious to see Indiana place herself upon record elsewhere in this matter. I propose to do this, and I submit whether it is not fair and frank: Inasmuch as the whole debate has been elicited upon the remedy reported by the minority of the committee, I propose that we act upon the majority report now, and leave the minority report to be acted upon hereafter.
Mr. SLACK (interrupting.) You will have to vote upon the amendment first.
Mr. CRAVENS. The Senator from Huntington says there is no way of reaching the majority report except by disposing of the amendment of the Senator from Brown, [Mr. Tarkington,] and, unless there is serious objection, I shall ask the Chair to rule, according to the point of order raised by the Senator from Wabash, [Mr. Conner,] the other day. It is not in order, for it is a new and distinct substantive proposition. We have a rule which provides that " no new motion or proposition shall be admitted under color of amendment, as a substitute for the motion or proposition under debate." This is a new proposition. The resolutions are an expression of sentiment on the evils of the day, and the amendment proposes a remedy for these evils. We want to state to the world our position, and then we are ready to enter into a discussion of the remedies. The Chair could properly rule the amendment out of order, and then we could come to a direct vote. I will say to the Senators that they may have tomorrow, next day, the whole of next week; indeed the magnitude of the subject would justify our taking the whole session if we could succeed in maturing a remedy that would prove a solution of our present and impending difficulties.
Mr. TARKINGTON. I am sorry to hear these sentiments fall from the lips of the Senator from Jefferson, [Mr. Cravens.] He being the presiding officer of the Senate when the point of order was made, he should have ruled that amendment out of order.
Mr. CRAVENS (interrupting.) I was not in the chair.
The PRESIDENT. That matter was not pressed at the time.
Mr. TARKINGTON. The objection comes at a late hour indeed; after the discussion has been made upon the question. I do not think the point of order is well taken. I understand the amendment is germain, and it is the only question before the Senate that is worth the snap of your finger.
The PRESIDENT. Under the resolution referring all propositions of this nature to the Committee on Federal Relations, the gentle, man's amendment is unquestionably out of order.
Mr. TARKINGTON. I insist upon it this amendment has been referred to that commit tee; they have acted upon it; and majority and minority reports have been made to the Senate. My amendment is in the precise language of the minority report, and if the minority report is in order, and has been be. fore the committee, my amendment is in order and has been before the committee.
Mr. STEELE. I hope the vote will be taken directly on these resolutions, but if their adoption were to crush out debate, I would vote against it. As was remarked by the Senator from Jefferson, [Mr. Cravens,] if it takes the whole session, I look upon it as the most important thing we can discuss.
Mr. JONES. I hope gentlemen will not insist upon a vote, now that so many Senators are absent.
Mr. LINE. There are several Senators here who desire to speak upon this question, and who desire also to visit the Northern State Prison, and they must either neglect their duties here, or neglect to attend to their duties there. I hope the Senate, out of courtesy to these Senators, will consent to the postponement. I understand the House Prison Committee have obtained leave of absence, and have left their seats with a view of preparing to start at 11 o'clock.
Mr. MELLETT. I expect to go to the Northern Prison, but I am not to be hurried off in this manner. We are under no particular obligations to go at this hour.
Mr. COBB. I am a little surprised at gentlemen opposing this motion. It is well understood that several Senators desire to say something with regard to this question. I desire to speak to this question before it is finally disposed of, and I have reasons personal to myself. I have been charged by a public organ of a certain party in this city as sympathizing with disunion, and I desire to speak upon that point. I desire to give my reasons and opinions upon this subject, that they may be placed upon record with the opinions of other Senators. Being upon the Prison Committee, I am driven to the necessity of foregoing anything personal to myself, if this vote be taken now, for the purpose of performing what I conceive to be a matter of duty in behalf of my constituents. I hope the Senate will postpone this matter until the Committee can return from the Northern Prison.
page: 87[View Page 87]Mr. BAY. There are other reasons, sir,why in my judgment, there should be no immediate action upon this report. It is like the resolutions passed a few days since by the Legislature of Ohio, and they were transmitted to Governors of the Southern States, among others, Virginia. The Governor has laid these resolutions before the Legislature of Virginia, and expressed the opinion that they were to be regarded rather as exasperating the already too excited feeling of the South than otherwise, as proposing no concession, no compromise, nothing but simply a desire to furnish means and men necessary to maintain the Federal Constitution, without regard to either the grievances or state of feeling in the South.
Mr. MILLER. I am one of those who desire to make some remarks upon this question, but I shall oppose the postponement of it, for the reason that I believe Indiana should take a stand upon this subject. I understand these resolutions will give a rebuke to treason in the South, and it is time to put ourselves on the record upon this one simple subject.
After further talk across the House between Mr. Tarkington and Mr. Mellett-
Mr. CRAVENS. The proposition I make is that the Senate now come to a vote upon that part of the question which has not been discussed, leaving the minority report yet open for discussien.
The PRESIDENT. The question is on the motion to postpone the consideration of the majority report till Tuesday.
This motion was rejected, by yeas 16, nays 25.
Mr. WILLIAMS moved to recommit with instructions to report a set of resolutions in accordance with the resolutions introduced in the Senate of the United States by Hon. John J. Crittenden, of Ky.
Mr. CLAYPOOL. I desire to say that I am very much opposed to any action that will cut off a full, fair and free expression of sentiment in reference to this question.
Mr. ROBINSON. My position requires that I should come upon record on this question, and I wish it not to be understood in casting this vote, that I intend voting against the Crittenden resolutions, or something similar to them.
Mr. ANTHONY. Like the Senator from Ohio, [Mr. Robinson,] I desire it expressly understood here, that I do not vote, as I understand it, strictly upon this proposition.
The motion to recommit was laid on the table by yeas 26, nays 14a strict party vote.
Mr. RAY offered, as an amendment, an additional resolution "declaring it to be expedient for the General Assembly to proceed by law at once to submit at an early day the reception or rejection of the proposition lately introduced into the Senate of the United States by John J. Crittenden, to the popular vote of toe freemen of Indiana."
The PRESIDENT. The chair will be compelled to decide the resolution out of order, for it is in effect the same as those already ruled out.
Mr. RAY. If the chair so decides, I take an appeal from the decision of the chair.
The decision of the chair was sustained by yeas 26, nays 18.
Mr. WILLIAMS made an ineffectual motion-yeas 26, nays 13-to strike out that portion of the resolutions reported which says the South has no cause of complaint.
Mr. MURRAY demanded the previous question, and the demand being seconded by yeas 26, nays 12, the main question was ordered, by consent.
The yeas and nays being demanded and taken, resulted-yeas 28, nays 10-as follows :
YEAS-Messrs. Anthony, Bearss, Beeson, Berry, Blair, Campbell, Claypool, Conner, Craven of Madison, Cravens of Jefferson,DeHart,Dickinson, Grubb,Hamilton, Hull,March, Mellett, Murray, Newcomb, Robbins, Robinson, Shoemaker, Steele, Stone, Teegarden. Turner, Wagner, and White-28.
NAYS-Messrs. Carnahan, Conley, Johnson, Lomax, O'Brien, Odell, Ray, Shoulders, Williams and Wilson-10.
Mr. CARNAHAN, when his name was called, said: There are some portion of these resolutions I do not like to vote against, and there are other portions that I regard as not the truth. It puts me in a quandary, but a good part of it has no good in it much-I regard it as of little or no importance at all, and so I shall vote against it.
Mr. CONLEY submits the following reasons for his vote:
Mr. President-I vote No on this question, because it impliedly states that the South has no cause for alarm, and the requirements of new guarantees for their property. And in addition to what I have heretofore said, I know that a majority of the people I represent desire the banishment of this irrepressible negro question from the halls of Congress. And they desire the final settlement of this question upon the basis of the Crittenden resolutions, or some other equitable plan of adjustment. The report of the majority of the Committee has not met the real issue between the States. They have proposed no remedy for existing evils. And I am induced to believe the passage of these resolutions will do more harm than good. Its tendency, at least in my opinion, will have that effect. It will be regarded as the ultimatum of the Indiana Legislature. For these reasons, I vote No.
Mr. LOMAX I vote No, and submit this as an explanation of my vote:
Mr. President-I object to the report presented here by the Chairman of the Committee on Federal Relations, It offers no terms of conciliation; it is therefore useless. But on the contrary, it strongly intimates that our sister Southern States have done wrong, and that they threaten dismemberment without provocation; which charge I object to, because I think it makes that report dangerous. page: 88[View Page 88] Again, sir, I understand one resolution of that report to give notice to the Southern States and to the President, that we stand ready, or, in other words, that we pledge the people of Indiana to stand ready, when called on by the Executive, to furnish whatever power we may be able to command, to coerce the complaining States into submission. This pledge, sir, should the attempt be made to carry it out, will, as I believe, produce unheard-of calamities in this country. These are a few of the reasons, briefly, which I offer in justification of my vote. I vote No.
Mr. ODELL. I vote No, with the liberty of giving my reason for the vote in the Reports. They are as follows:
Mr. President-There is but little in the Report to which I dissent, but, in my opinion, it utterly fails to meet the crisis, and will do no good towards restoring peace and harmony to the distracted parts of our country; but, on the other hand, will tend to widen the breach already made.
Mr. RAY, when his name was called, said: I concur in the report in the main, but I think it falls so far short of the exigency of the country, that it will do more harm to the cause of the Union and tranquility in the country than good at this juncture; and for that reason I vote against it.
Mr. SHOULDERS, when his name was called, said: I would like it if the report were in such a form that I could vote for it freely, but I am well aware the constituency I have the honor to represent will not be satisfied with it, and for that reason I shall vote No.
The result was announced as above-
And so the report was concurred in, and the resolutions passed.
The PRESIDENT. The minority report is before the Senate for their action.
Mr. RAY. I move its consideration be postponed till two o'clock Tuesday.
The PRESIDENT. It is so ordered by consent.
NEW PROPOSITIONS.
The following bills were introduced, and severally passed the first reading, without objection :
By Mr. RAY: [59] to amend section 1 of an aet for the incorporation of manufacturing and mining companies, approved May 20, 1852, so as to provide for the incorporation of companies to furnish motive power to carry on such businees, or supply any city or village with water.
By Mr. ROBBINS: [60] defining certain felonies and prescribing punishment therefor; providing that any attorney or other person collecting any sum of money exceeding $10, and neglecting to pay it over to the party entitled, shall be deemed guilty of felony, aud imprisoned not less than one nor more than five years, and fined not exceeding double the amount of money so retained.
By Mr. MURRAY: [61] Requiring county treasurers to settle with county auditors the first Monday in August for delinquent taxes &c., and repealing an act amending section 103 of the Assessment act, approved March 5 1859.
By Mr. SHIELDS: [62] To provide for the collection of claims against railroad companies far labor done, materials furnished, stock killed, &c,[A message from the House announced its concurrence in the Senate resolution, relating to the election of State Printer; also the pass, age of a resolution inviting the Senate to the Hall of the House at 2 o'clock for that purpose.]
By Mr. MURRAY: [63] To change the time that the township trustees shall apportion the money for school purposes to second Monday in March.
By Mr. CRAVEN: [64] To provide for the rights of married women in cases of sale of land by execution or any other legal proceedings when the wife does not consent to the same; the interest of the wife therein shall be deemed to be valid as if the husband had died.
By Mr. SHOEMAKER: [65] The Judge of Common Pleas Court may by order direct that a jury shall not be selected or summoned, if the business of the court does not require it.
DECEDENTS' ESTATES.
Mr. CONNER, by leave, returned from the Judiciary Committee Mr. Carnahan's bill [S. 14,]-described on page 25 of these reports-recommending its passage with amendment.
The report was concurred in, and the bill ordered to be engrossed for the third reading.
ELECTION OF STATE PRINTER.
The House message recited above was taken up-
Mr. CRAVENS. I find there is no provision in law how this election shall be made. Now, as there is no method, I would submit to Senators whether it is not more appropriate to make this election by concurrent vote. The same difficulty that met us in relation to the election of United States Senator meets us here, and I think the manner we obviated the difficulty in that case would give us a clue as to how we can do it now. In order to have it done legally and constitutionally, I would move that the election be by concurrent vote.
Mr. NEWCOMB. Two years ago the State Printer was elected by joint ballot, and I think we have a law regulating the election in that way. I think it was a dangerous precedent to depart from that practice. If we go in joint convention for the election, we have the law on our side.
Mr. CRAVENS. I am willing to withdraw my motion.
The invitation for a joint convention was accepted. And then-
On motion the Senate took a recess till two o'clock.
page: 89[View Page 89]AFTERNOON SESSION.
Mr. WAGNER introduced a bill [66] to provide for a general system of common schools, &c., (the same as the bill [S. 85] of last session) and on his motion the rules were suspended-yeas 35, nays 1-and the bill read the first time by title only.
ARCHITECT FOR STATE PRISON COMMITTEE.
Mr. BEARSS, offered a resolution authorizing the joint committee on the State Prison to employ an architect to assist them in their investigations.
[A message from the House inviting the Senate to appear in their Hall instanter, was received and accepted. When the Senate returned-]
Mr. CARNAHAN moved to amend the resolutions by providing that the architect be sent to examine the Prison, and that the committee remain at home.
This amendment was laid on the table by yeas 27, nays 14.
After debate theron-
The resolution was adopted.
RECORDERS' AND SURVEYORS' FEE BILLS.
Mr. TURNER offered a resolution, which was adopted by consent, directing the Judiciary Committee to inquire into the expediency of amending the law authorizing Recorders and Surveyors to issue fee bills, so the same may waive valuation and appraisement laws.
DECEDENTS' ESTATES.
Mr. Carnahan's bill [S. 14,] described on page 25 of these reports, was taken up, read the third time, and passed by yeas 40, nays 0.
NEW PROPOSITIONS.
The following bills were introduced and passed the first reading without objection :
By Mr. BLAIR : [67] To provide compensation to persons who may bring fugitives to justice.
By Mr. NEWCOMB: [68] To establish an insurance department and provide compensation for officers thereof.
By Mr. NEWCOMB: [69] To regulate the business transacted in this State by any Fire, Marine, Life, Health, or Life Stock Insurance Companies not incorporated in this State.
CLERK FOR FINANCE COMMITTEE.
Mr. CONNER asked and obtained authority for the Finance Committee to employ a Clerk.
On motion, Messrs. Mellett, Johnson, and Conley were added to the Committee.
BILLS ON THE THIRD READING.
Mr. Conley's [S. 6,] repealing the county acts of '57 and '59, was read and laid on the table.
Mr. Conner's [S. 11,] concerning tax titles, described on page 25 of these reports, was read the third time and finally passed by yeas 33, nays 2.
WORK FOR COMMITTEES.
On motion by Mr. WAGNER, the order of business was suspended, and the following Senate bills-introduced January 15-read the second time and severally referred:
Mr. Hamilton's [31] to the Judiciary Committee.
Mr. Murray's [32,] Mr. Wolfe's [37,] and a select committee's [38,] to the Finance Committee.
Mr. Wilson's [38] to the Committee on Corporations.
Mr. Wolfe's [34] to the Committee on Temperance.
Mr. Wagner's [35] to the special Committee on Apportionment.
Mr. Miller's [36] to the Committee on Roads.
Mr. Clay pool's [40] ordered engrossed.
And then-
On motion the Senate adjourned.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 23,1861.PETITIONS.
By Mr. McCLURG: The petition of J. M. Armitage and others, citizens of Clinton Co., asking for a repeal of the new county act of 1857 and 1859.
By Mr, BRETT: The petition of M. Sanford and others, citizens of Daviess Co., for the same object.
By Mr. HENRICKS : The petition of John H. Harper and others, citizens of St. Joseph Co., for the same object; which were severally referred to the Committee on County and Township Business.
By Mr. HEFFREN: The petition of John I. Morrison and others, citizens of Washington Co., asking for an appropriation of $500 in the hands of the Commissioner of that county, to aid in payment of the debt contracted by citizens of that county for draining and removing a dam in the Muscatatack; which was referred to the Committee on Swamp Lands.
By Mr. WOODHULL: The petition of Moses McClanhan and others, citizens of Indiana, asking for a fish protection law similar to that of the State of Ohio ; which was referred to the Committee on Rights and Privileges.
By Mr. PROW: The petition of Wm. Blackburn, late constable of Brown township, in Washington Co., praying for relief by the State's repayment of $25 expense incurred by him in arresting a fugitive from justice.
On motion by Mr. PARRETT, it was laid on the table.
On motion by Mr. BUNDY, (the order of business being suspended for the purpose,) the House took from the table the concurrent resolution of the Senate, proposing that the committees of both Houses appointed to visit the Northern Penitentiary shall proceed together and draw on the Treasury for expenses.
Mr. WOODHULL objected to the proposition, because it did not indicate the amount page: 90[View Page 90] to be drawn. Let them go there and perform their duty, and when the expense should be incurred, he would vote for its payment. It had been intimated that the railroads would carry them free.
Mr. HEFFREN, in his seat. They'll want something to eat.
Mr. STOTSENBERG proposed to amend, by inserting after the word " appoint," these words: " which Committee of the House shall consist of three members of the Select Committee on the Northern Prison, to be selected by said committee."The SPEAKER ruled it out or orderas having been once voted down.
Mr. STOTSENBERG. It was not voted down, but laid on the table.
The SPEAKER. It is then in order.
Mr. FISHER. Should not the House indicate what committee shall go?
Mr. BUNDY. The committee was named in the resolution of the Senate.
On motion by Mr. HEFFREN, the amendment was laid on the table, and the question recurred on the Senate resolution.
Mr. ORR understood this matter was fixed the other day.
Mr. CRAIN. A portion of the Select Committee had had a conference with the Senate Committee, and they were anxious to investigate the Prison jointly, and so save expense to the State. If the committees did not investigate jointly, as a matter of course the witnesses would be brought before both committees. Let us go about it in a business like manner to save expense. There had been enough said-$400 worth of talk was enough.
Mr. FISHER did not understand that the resolution proposed a joint investigatiou any further than the examination of the premises.
Mr. HEFFREN. That was their request now.
The House concurred in the resolution.
REPORTS FROM COMMITTEES.
Mr. VEATCH, from the Judiciary Committee, returned the resolution of the House for an inquiry into the expediency of amending the 10th section of the Justices act, so as to give them jurisdiction to try and determine cases founded on contract and tort where the sum does not exceed $300with the expression of the opinion of the committee that it is inexpedient to legislate on that subject.
The report was concurred in.
Mr. VEATCH, from the same committee, returned the resolution of the House for inquiry into the expediency of amending the Practice act, so that all cases appealable from justices shall be tried on the papers, and reported the opinion that it is expedient to legislate on the subject.
The report was concurred in.
Mr. VEATCH, from the same Committee returned the resolution of the House for inquiry into the expediency of giving county commissioners power to levy taxes for public improvements, and reported" sufficient has been conferred by existing laws."
The report was concurred in.
Mr. VEATCH, from the same Committee returned the resolution for inquiry into into constitutionality and expediency of enacting a law permitting residents along turnpikes and plankroads to levy a tax on real estate for their construction and reported legislation inexpedient.
Mr. HAWORTH. The resolution require a report on the constitutionality of such legislation : and on his motion, the resolution was re-committed.
Mr. GRESHAM obtained leave of absence for the Military Committee for this afternoon.
Mr. FRASIER, from the Committee on County and Township Business, returned the resolution of the House for inquiry into the expediency of requiring the jails to be kept by the coroner, and reported-" inexpedient.
The report was concurred in.
Mr. HEFFREN obtained leave of absence from the select Prison Committee.
Mr. FRASIER, from the same Committee returned Mr. McLean's bill[H. R. 4,] to amend sections 70 and 71, of the assessment act of June 21st 1852, with an amendment requiring assessors to make their returns to the Auditor the first of March, instead of the last of May and limiting the time for the treasurer to call on the tax payers, from January to the 20th of February. He explained the object and effect of the amendments. It was desirable to give the county auditors longer time to make their returns.
[A Senate message announced a bill, and a concurrent resolution for the election of Public Printer this day at 2 o'clock.]
Mr. McLEAN. This bill had been asked for by many county auditors. The single principle of the bill was to shorten the time of making the assessors' returns, the change being from the first of June till the first of March-to give time to the auditors to make out the delinquent lists. The law requires the delinquent lists to be made in October. It was an important bill and should receive the attention of the House.
Mr. EDSON. While it was an advantage to the Auditor it was a disadvantage to the assessor, on the score of time.
Mr. McLEAN. The bill provides that the assessor may appoint assistants.
Mr. UNDERWOOD desired the bill to pass.
Mr. ROBBINS. The Auditors in his part of the State were anxious for this legislation. He did not think it would trammel the assessors.
Mr. FISHER. Another consideration in favor of this bill was a diminution in the expense making the assessment. Most of the assessor managed now to put in the whole time from January till June, and got their per diem. If compelled to make their returns in two months they would work better.
page: 91[View Page 91]Mr. KENDRICK. The assessor of this (Center) township, with one assistant, by working assiduously bad only time enough now.
Mr. CASON. In the large townships, the proposed provision was, that the assessor may employ as many assistants as needed. But the Auditor could only employ some two or three clerks to make the duplicate and delinquent list, because there was but one book. In many cases it was difficult and impossible for him to do his work from June to October.
Mr. VEATCH suggested amendments. The Board of Commissioners should be required to make their annual levy earlier, otherwise here would be little advantage from this bill. The thing would be out of joint. He suggested also, that the time for making out the delinquent lists be extended to November; and that the law requiring the Treasurers to go through the townships after the taxes ought to he repealed. It amounted to nothing, and made considerable expense.
Mr. WOODHULL concurred in these suggestions.
Mr. RAGAN proposed to amend by limiting the time of the assessors' returns to the first of April.
On motion by Mr. McLEAN, the bill and amendments were re-committed to the same Committee.
Mr. STOTSENBERG submitted two resolutions directing the select committee on Printing to report a bill requiring the Public Printer to furnish all the paper necessary for the public printing; also providing specifically for the number of journals of the House and Senate, and of the documentary journal, reports of the officers of State and of the benevolent institution's, to be printed, and making such other modifications of the law regulating the-duties of the Printer, as to prevent abuses in the public printing.
2. In order to give time for the preparation and perfection of a proper vote on the subject, resolved, that the election of a Public Printer be postponed till Thursday, the 81st day of January, 1861.
Mr. GRESHAM was in favor of letting the printing to the lowest responsible bidder. He had submitted a resolution to effect this, and a committee had been raised under it, but the House did not seem disposed to give the committee anything to do.
The resolution was rejected.
Mr. DOBBINS submitted an order that the Judiciary Committee inquire whether there is any law in force defining the offenses of fornication and adultery.
On motion by Mr. SMITH, of Bartholomew, it was laid on the table.
Mr. WOODHULL submitted an order, which was adopted, requiring the Judiciary Committee to inquire into the expediency of paying all officers and witnesses in criminal prosecutions the same fees as in other cases.
Mr. ROBBINS submitted an order, which was adopted, directing the Committee on Rights and Privileges to inquire into the expediency of making a residence of 60 days in the county and 30 days in the township necessary to constitute a voter.
UNION RESOLUTIONS.
Mr. McLEAN introduced a series of resolutions, passed at a Union convention of all parties of the citizens of Vigo county, held at Terre Haute. He said the series of resolutions which he held in his hand, were adopted with entire unanimity at a meeting of near one thousand of the citizens of his county, who, in view of the threatening aspect of our National affairs, forgetting the differences and distinctions which had heretofore divided them, casting aside all party ties and party affiliations, around the common altar of their country's good they had met to propose some plan of adjustment of those distracting difficulties which so ominously portend our dismemberment as a people, and hold out the olive branch of peace and conciliation to our disaffected Southern brethren. No duty devolving upon him since the commencement of this session afforded him more real pleasure and gratification than the duty imposed upon him by the convention of his fellow-citizens of his county, requesting him to present these resolutions to the House and ask their adoption. The resolutions were replete with true Union sentiments, and breathed a spirit which could not fail, he thought, to find a cordial response in the breast of every member upon the floor, to whatever party he might belong.
The people of Vigo county, without distinction of party, and utterly rejecting all desire to force mere party opinions upon the country at this time, have met together in the spirit of concord and patriotism, to consider the present alarming condition of our National affairs, and to make known their opinions thereon. In view of the fact that the peace, prosperity and happiness of the people are endangered-the harmony of the States disturbed-and the continuance of the Federal Union itself threatened with dissolution; and, also, in view of the fact that in no part of the country have the people a deeper and more lasting interest in the preservation of the Union than in the Wabash Valley, which has ever sought a market at the South as well as the North; and believing that our people, both from conviction and duty, desire to maintain friendly relations with all sections of the country, and to preserve the Federal compact in the spirit in which it was made and established by our Fathers: Therefore,
Resolved, That it is the highest aim and most imperative duty of patriotism and philanthropy, to preserve the Union of the States in all its integrity, and maintain the Federal compact in its spirit; and that in the true and honest sentiment of fraternal love and justice, as well as fidelity to the National Union, it is demanded that we use all honorable means, and exert every rightful power, to defeat the purposes of those whose spirit and acts endanger the one or impair the other.
page: 92[View Page 92]Resolved, That it is the duty of all good citizens of all parties and sections, to urge upon Congress a prompt and liberal settlement of the questions which now divide and separate the North and the South, and by concession, compromise, and a tolerant indulgence of every practical interest, give assurance to the complaining States that no wrong is intended to their material interests by the present or incoming Administrations; and that such amendments should be made to the Federal Constitution as will forever banish from the Halls of Congress, and from the political contests of this country, the exciting discussions which appertain to African slavery.
Resolved, That Indiana has ever been faithful to the requirements of the Federal Constitution, and we repel, with a proper spirit of indignation, the charge that any of our laws have ever been framed with the purpose of impeding or nullifying any law of Congress, or any enactment made in pursuance of the Constitution of the United States.
Resolved, That we are warmly attached to the Federal Constitution-that we do not recognize in the diversity of our institutions any cause of conflict between different States; but, on the contrary, we deem the varieties of climate, soil, productions, domestic institutions, industry, modes of thought throughout our widely extended country, grounds of a more lasting and perfect Union, and that we regard its dissolution, in whole or in part, as eminently disastrous to all our interests, and as destructive of civil and religious liberty throughout the world.
Resolved, That we deny the constitutional right of any State, or any portion of the people thereof, to secede from the Union, and that we are equally opposed to nullification at the North and secession at the South, as violative of the Constitution of the United States.
Resolved, That while we recognize the power and duty of the Federal Government to protect the property of the United States by all constitutional means, yet as the employment of military force by the Federal Government to coerce submission of the seceding States, will eventually plunge the country into civil war, and forever prevent the accommodation of the fearful issue now before the country; we therefore earnestly entreat, not only the Federal Government, but the seceding States, to stay the hand of military force till the people of all the States can be heard from, and the voice of reason and patriotism shall take the place of passion, violence, and the bloody arbitrament of the sword.
Resolved, That it is the prompting of patriotism, and the dictate of wisdom, to make an earnest attempt to save the Union by concilliation and concession; and, therefore, in the spirit of compromise, we are willing to accept the amendments to the Constitution proposed by the members of Congress from the border States, or any other fair measure, which shall be satisfactory to the States composing the American Union, believing that mere personal opinions should now bend to the over-ruling necessity of preserving the Government from dissolution.
Resolved, That it is the duty of the Legislature of every State in the Union which has passed laws to obstruct or embarrass the return of fugitive slaves, or to set at defiance any law Congress on that subject, to immediately repeal all such laws or enactments, and to re-establish thereby, fraternal feelings in all sections of the country.
Resolved, That should Congress be unable agree on any just compromise,or fail for any peas to do so, it is the duty of the Legislature, now in session, to provide by law for a Convention of the people of this State, to the end that delegates be appointed to a Convention of the border States, slave and free, and the position, authoritatively declared, which Indiana shall assume in the perilous crisis now upon the country.
Resolved, That the free navigation of the Mississippi, and the use of it as a public highway for the North-west, can never be surrendered, and that we will do all that can be done to leave that right for the generations which may follow us and bequeath it to our children as the legacy Of their fathers. It was the highway of our fathers and it must be that of our sons.
Resolved, That a copy of the foregoing preamble and resolutions be forwarded to our Senator and Representatives in the State Legislature and also to our Senators and Representatives in Congress, and that they be requested to present the same to the bodies of which they are members, and advocate the plan of adjustment herein proposed.
The resolutions were referred to the Committee of Thirteen.
Mr. ORR submitted an order, which was adopted, instructing the Judiciary Committee to inquire into the expediency and propriety of passing a law prohibiting the intermarriage of persons within the fourth degree of Consanguinity in the collateral lines.
Mr. PACKARD submitted an order, which was adopted, that the Committee on the Penitentiary inquire into the expediency of erecting a House of Correction for juvenile offenders.
Mr. ROBBINS submitted an order, which was adopted, instructing the Committee on Benevolent Institutions to inquire into the expediency of enlarging the Asylum for the Insane, by the construction of the right wing thereof, as recommended by the Superintendent of that Institution.
Mr. COOPRIDER submitted an order, which was adopted, instructing the Committee on Ways and Means to inquire into the expediency of so amending the law now regulating the assessment of personal property for taxation and creating a Board of Equalization to equalize the valuation thereof, as to require the several township assessors, together with the county Auditor, to meet at the Auditor's office on the first Monday of January in each year, and determine upon the valuation of all cereal grains, pork, bacon, hay, and all other leading articles of personal property, so far as the same may be made general ; and of further amending the law so as to exempt the property of widow women, to the amount of $300, from taxation.
Mr. McLEAN submitted a resolution, which page: 93[View Page 93] was adopted, expressing the thanks of the House to Miss Caroline Richings, for her patriotic compliance yesterday with the invitatation of the body to sing on the occasion of raising the flag on the dome of the capitol.
Mr. WOODS submitted an order, which was adopted requesting the Committee on Education to inquire into the expediency of amending the school law so that the Trustee shall equally divide the public money in his township for school purposes amongst all schools requiring but one teacher ; that a school of 25 pupils or under, in attendance, shall be considered a school requiring but one teacher; and that for every 10 pupils over 25 in attendance the school shall receive one-fourth more money than those schools requiring but one teacher; and for any less number than 10 in attendance over 25, shall receive in proportion in the same ratio. The number in attendance shall be the average attendance, certified by the oath or affirmation of the teacher-no pupil to be counted "in attendance" unless such pupil has been enumerated and attached to such school according to law.
[A Senate message announced the final passage of Mr. Holcomb's bill [H. R. 59.]
Mr. ROBBINS submitted an order, which Was adopted, that the Committee on Rights and Privileges inquire and report on the necessity of a law excluding negroes and mulattoes from the common schools.
Mr. BRACKEN submitted an order directing the Committee on Education to report a bill to raise the present inefficient school tax from one mill to two mills on the dollar.
Mr. BINGHAM proposed to amend by inserting the words-"inquire into the expediency of;" which was accepted, and so the resolution was adopted.
Mr. RAGAN submitted an order, which was adopted, instructing the Committee on Ways and Means to inquire into the expediency of so amending the law in regard to the collection of the revenue as to make it imperative on the county Treasurers to send out their deputies and make all possible effort to collect the revenue previous to the return of delinquency and damage of ten per cent., as now required.
Mr. VEATCH submitted a resolution, which was adopted, that the Committee on County and Township Business inquire into the expediency of so amending the law in relation to the county Treasurer, that he shall not be required to visit the townships for the purpose of collecting taxes.
Mr. STOTSENBERG submitted a preamble and resolution, which was adopted, rehearsing the expediency of amending the law regulating the pardoning power, so as to prevent its abuse, and directing the Judiciary Committee to inquire into the expediency and propriety of so amending the 17th section of Art. 5 of the Constitution, that a council composed of the officers of the State may be appointed, without whose advice and consent the Governor shall not grant pardons; and also to provide that in all applications for pardon full notes of the testimony, certified to be such by the judge before whom the convict was tried, must be furnished to the pardoning power, before any action can be had thereon.
Mr. HALL submitted a resolution, which was adopted, that the Committee on Ways and Means inquire whether further legislation is necessary to prevent overdrawing appropriations.
Mr. WILLIAMS submitted an order, which was adopted, that the Committee on Benevolent Institutions inquire into the expediency of providing an Asylum for Inebriates in some central portion of the State.
Mr. THOMPSON submitted an order, that the Committee on Banks inquire into the expediency of increasing the Branches of the Bank of the State. It was laid on the table.
NEW BILLS.
By Mr. WILLIAMS. [85] To amend the title of the act to provide for the erection and repair of bridges, and to repeal the act to provide for the erection and repair of bridges, approved March 3, 1859.
By Mr. MOSS. [86] To amend sections 8 and 10 of the Justices' act, of June 9, 1852.
By Mr. ORR. [87] Exempting parsonages from taxation.
By Mr. PACKARD. [88] To repeal section 13 of the Justices' act of June 9, 1852.
By Mr. ROBERTS. [89] To amend section 9 of the act to amend the act to authorize and regulate the business of general banking in this State, so as [to make the State Auditors certificate prima facia evidence against banks.
By Mr. TURNER. [90] To provide for a registration of voters; to prevent corruption in voting, and to define what is a residence of a voter.
By Mr. KNOWLTON. [91] To amend the act approved January 27, 1847, to amend the act to incorporate the Eel River Seminary Society in Cass county, approved January 21, 1859, &c.
By Mr. GIFFORD: [92] Prescribing the duties of clerks, justices, and auditors, and treasurers in reference to jury fees, Ones, forfeitures, and unclaimed fees, and repealing conflicting laws.
By Mr. COLLINS, of Whitley. [93] To apportion Senators and Representatives for the next six years, [identical with that introduced into the Senate:]
Which were severally passed to the second reading.
ELECTION OF STATE PRINTER.
Mr. BUNDY asked and obtained unanimous consent for the consideration of the Senate concurrent resolution for the election of State Printer at 2 o'clock this day, in such manner as the two Houses shall determine, the General Assembly reserving the right to abolish said office, and otherwise legislate on page: 94[View Page 94] the subject at pleasure, &c. Mr. B. moved that the House concur.
Mr. ROBBINS considered that the bill was premature-that it should wait for the proposition to do the public printing by contract.
Mr. GRESHAM demand the yeas and nays, and they were ordered and taken. The resolution was concurred in by yeas 49, nays 38.
Mr. NEBEKER submitted a resolution of invitation to the Senate to a joint convention for this purpose at 2 o'clock, which was adopted by consent.
The SPEAKER suggested a re-adjustment of the clerks' desks ; and-
On motion by Mr. NEBEKER, it was ordered that the Speaker be authorized to make any arrangement he shall see proper in the matter.
Mr. ANDERSON obtained leave of absence till Monday.
Mr. STOTSENBERG inquired what was the purport of the newspaper order for the German papers ? He had a pile of the Free Press, but did not receive the Volksblatt.
The SPEAKER. It applied to the German papers printed in this city.
Mr. STOTSENBERG. One of them was a daily.
Mr. NEBEKER. The original intention was that we were to have a weekly paper from each of these German editors.
Mr. ROBBINS, chairman of the Newspaper Committee, concurred in Mr. Nebekers statement. He did not receive the Volksblatt.
Mr. LANE proposed that the committee confer with the editor of the Free Press and inform him of the intent of the order.
AFTERNOON SESSION.
On motion by Mr. PROW, Mr. Knowlton had leave of absence.
After proceedings in a call of the House-
Mr. ORR submitted an order that the Doorkeeper prepare a list of members' residences to facilitate business when it becomes necessary to send for absentees, which was laid on the table.
Mr. EDSON submitted an order, which was adopted, inviting the Senate instanter to the joint convention.
Mr. BUNDY, under a question of privilege, brought to the notice of the House a paragraph in the New Albany Ledger, by its reporter here, stating that Mr. Bundy had offered a resolution inviting all the negroes in the Southern States to come into the State of Indiana as an asylum. He was a very philanthropic man, but had offered no such resolution as that. He had presented a petition for an invitation to poor white people of the South to emigrate to this State; but the paragraph (which was read by the clerk,) was a total misrepresentation of anything that has been said in this House.
Mr. PROSSRR read an acknowledgement of the error, and courteous amende, in a letter by the same reporter, printed in the Cincinnati Enquirer of this morning.
Mr. BUNDY, satisfied with the explanation would ask for no further proceedings.
ELECTION OF STATE PRINTER.
The Senate responded to the invitation to the joint session, and the President of the Senate presiding announced the order of the election of State Printer, in compliance with the act of 1843.
The Senator from Knox nominated, Joseph J. Bingham.
The Senator from Marion nominated, Berry R. Sulgrove.
The PRESIDENT of the Senate reported the result, viz: Whole number of votes 127-necessary to a choice 64. Of these Bingham received 47 and Sulgrove 80. So Berry R. Sulgrove having received a majority was declared duly elected State Printer-to serve two years from and after the expiration of the term of the present incumbent of the office.
WORK FOR COMMITTEES.
The House now proceeded to the consideration of bills on the second reading.
Mr. McClurg's bill [40] to amend the game law, was referred to the Committee on Rights and Privileges.
Mr. Newman's bill [41] to amend the law in respect to levees and drains; Mr. Williams's bill [43] to repeal the pilot act, and Mr. Gresham's bill [53.] were referred to the Judiciary Committee.
Mr. McLean's bill [44] to amend the first section of the act to provide for the management and disposition of the estates of those who have absented themselves, &c., coming up-
Mr. McLEAN said the only change was in the time of absence, from 10 years to 2 years. "Ten years" was a clerical error in the law of the last session, as the records would show.
The bill was ordered to be engrossed.
Mr. Williams's bill [45] to regulate insurance companies, coming up-
Mr. PACKARD proposed to amend by inserting after the word's "$100,000," the words: "and shall have first deposited $25,000, for the payment of all losses, with the Treasurer of State."
On motion by Mr. McLEAN, the bill and proposed amendment were referred to the select committee on that subject.
Mr. Collins's, of Adams, bill [47] to amend the supervisors' act of March 5, 1856, coming up-
Mr. COLLINS said the object was to change and extend the time of working land taxes on roads from the 15th of September to the 1st of November.
Mr. WOODHULL proposed to amend, by striking out "November''' and inserting "July."
On motion by Mr. STOTSENBERG, the bill page: 95[View Page 95]and amendment were referred to the Commitee on County and Township Business.
Mr. Grover's bill [46] to legalize proceedings in special terms, coming up-
Mr. GROVER explained its provisions.
Mr. FRASIER said the most important cases had been decided at such terms; and if the law was unconstitutional, and the Supreme Court should lay their hand on it, we should have a nice time of litigation.
It was ordered to be engrossed.
Mr. Black's bill [48,] supplemental to the estray law, was referred to the Committee on Agriculture.
Mr. Atkisson's bill [49,] to restrain hogs, took the same reference.
Mr. Cameron's bill [50] to repeal the act of March 5, 1859, for juries the third day of term, was referred to the Committee on Organization of Courts.
Mr. Jones's, of Vermillion, bill [51] to fix terms in the 8th circuit, was referred to select committee.
Mr. Collins's, of Whitley, bill [52] to authorize Justices to administer oaths, was ordered to be engrossed.
Mr. Orr's bill [54] coming up-
Mr. ORR said its object was to repeal the 113th and 117th sections of the school law, requiring visitation and lectures by the Superintendent of Public Instruction.
It was a service always paid for, but never performed.
Mr. FISHER. It was worthy of consideration, whether this service should be performed or not.
It was referred to the Committee on Education.
Mr. Ferguson's bill [55] to provide for fences across county and township roads at ferries, &c., coming up-
Mr. FERGUSON stated its provisions. It would save a large amount of fencing along White river in his region.
It was referred to the Committee on Roads.
The House adjourned.
IN SENATE.
THURSDAY, January 24,1861.Mr. WILSON presented a memorial from a mass meeting held in Vigo county, on the 19th inst., which was read and referred to the Committee on Federal Relations.
Mr. HULL presented something in the nature of a railroad proposition, concerning killing of stock, &c., which was read and referred to the Committee on Corporations.
QUAILS AND PHEASANTS.
Mr. BEESON, from the Committee on Agriculture, to which was referred Mr. Claypool's bill, [S. 19,] relating to the killing of quails and pheasants, returned the same, recommending passage, with an amendment making the time between the 1st of November and the 1st of February, and reducing the fine one half.
The Senate concurred in the committee report.
SHEEP-KILLING BY DOGS.
Mr. JOHNSON, from the same committee, returned Mr. Jones's bill, [S. 16,] requiring assessors to number sheep killed by dogs, &c., recommending passage.
The committee report was concurred in.
TOWNSHIP TRUSTEES.
Mr. MILLER, from the Committee on Education, returned Mr. Lomax'a bill, [S. 13,] doubling the term of office of township trustees, recommending its reference to the Committee on County and Township Business.
The committee report was concurred in.
Mr. CARNAHAN moved to instruct the committee to amend the bill by doubling the pay of trustees.
Mr. Miller favored, and Messrs. Turner, Claypool, Stone and Hull opposed the motion.
Mr. CLAYPOOL moved to instruct the committee to inquire into the expediency of abolishing the office.
These two motions were laid on the table.
FEDERAL RELATIONS.
Mr. MARCH asked and obtained leave to record his vote in favor of the resolutions on the State of the Union, adopted in his absence yesterday morning.
Mr. SHIELDS obtained leave to vote "no" upon the same resolutions, and said: I should on the first blush have voted to concur in the majority report, but upon second examination I find that the report denies that our Southern brethren have any right to complain ; in that I cannot concur, and for that reason I shall vote against the report.
REPLENISHMENT OF THE TREASURY.
Mr. JONES offered a resolution, which was adopted by consent, directing the Finance Committee to inquire into the expediency of reporting a bill requiring county treasurers to pay into the State Treasury what revenue they may have in their hands on the 15th of February, 1861.
INSOLVENT PRISONERS.
Mr. O'BRIEN offered a resolution, which was adopted by consent, requesting the Judiciary Committee to inquire into the expediency of empowering county boards to discharge all persons imprisoned for failure to pay fine on account of the insolvency of such persons.
INDIANA UNIVERSITY.
Mr. MARCH offered a resolution, which was adopted by consent, requesting the Trustees of the Indiana University to report to the Senate the present condition of the University fund, what losses have occurred, making suggestions, &c.
CAUSES FOR DIVORCE.
Mr. CRAVENS offered a resolution, which was adopted by consent, instructing the Judiciary Committee to inquire into the ex page: 96[View Page 96]pediency of adding to the causes for which party shall be entitled to a divorce idiocy an hopeless insanity.
NEW PROPOSITIONS.
The following bills were introduced and passed the first reading without objection:
By Mr. NEW COMB: [70] For the relief of John N. White.
By Mr. WAGNER: [71] To provide for th incorporation of street railroad companies.
By Mr. RAY: [72] Supplemental to the mililitia law, approved June 14, 1852, repealing sections 3 to 20 inclusive, and for a more per feet organization of the militia. The rule was suspended-yeas 35, nays 0-the bill read the first and second time by title only, laid on the table and 300 copies ordered printed.
By Mr. LOMAX: [73] To amend an act authorizing Agricultural Societies to purchase and hold real estate, approved February 7 1855. The same bill that passed the extra session of 1858, but which never found it way in the laws.
By Mr. CRAVEN: [74] Fixing the times of holding the Circuit Courts in the seventh Judicial Circuit. The rules were suspended-yeas 34, nays 0-the bill read the second time by title only, and referred to a select committee composed of Senators whose constituents are interested in the bill.
By Mr. WILSON: [75] To amend section 5 of an act to provide for the sale of county seminaries, &c., approved June 12, 1852.
By Mr. O'BRIEN: [76] To legalize the listing and assessment of property in cities of this State, making out the tax duplicate and authorizing treasurers to collect taxes in certain cases.
By Mr. JONES: [77] To limit the jurisdictions in civil cases to the county or township where one or more of the parties liable to judgment and execution resides.
By Mr. MARCH: [78] To provide for oral argument and speedy decision of cases in the Supreme Court.
WORK FOR COMMITTEES.
On motion of Mr. CONNER, the order of business was dispensed with, and Senate bills, described on pages -- and 69 of these reports, were read the second time and severally referred as follows:
Mr. Anthony's Military bill [S. 28] was taken from the table and referred to the Committee on Military Affairs.
Mr. Ferguson's [39] and Mr. Hull's [41] to the Committee on Corporations.
Mr. Conley's [42] to the Committee on Organization of Courts.
Mr. Wilson's [44] and Mr. Mellett's [45] to the Judiciary Committee.
Mr. Landers' [46,] proposing severe penalties against election frauds, was laid on the table, and 200 copies ordered to be printed.
Mr. Landers' [47,] defining the qualifications of voters, being read-
Mr. SHIELDS. I move to strike out "sixty days" and insert "thirty days." There is a large number of railroad men residing in my county, and I would like to have no law by which they would be deprived of the right to vote or be virtually disfranchised. I think that thirty days would be sufficient to prevent the evils which have been heretofore practiced in Indiana.
Mr. NEWCOMB. I am as anxious as any man can be to pass laws guarding the ballot box, but I don't think the class of men spoken of by my friend from Jackson, [Mr. Shields,] ought to be specially legislated for. It seems to me men who are residents of one county to-day and another to-morrow, have not that peculiar interests in the affairs of any county that a voter ought to have. I would rather say fifty or sixty days than thirty days.
Mr. RAY. It does seem to me there ought to be a distinction made between the qualifications of voters at township elections and voters at State and Presidential elections. There is no great reason why a voter should not be allowed to vote upon thirty or even ten days in township elections, but he should have a longer residence before voting at a State or Presidental election. If the clause referred to did not apply to township elections, I would be willing to vote for the bill.
Mr. SHIELDS. I would say that these men who are engaged in managing railroads are not temporary men ; If I understand it they educate their families well, and intend to be permanent citizens; and I would, on behalf of this people, call upon the Senate to provide means by which these men shall not be cut off rom a participation in our government.
Mr. LANDERS. If the Senate thinks thirty days are amply sufficient, I am willing to submit to the amendment. My own opinion is that nothing short of sixty days will stop the frauds in the section of country where I live.
Mr. CLAYPOOL. I do not know but ten days would do in my portion of the country, but in other portions of the country, I am in favor of sixty days-we ought to have the law sufficiently ample to prevent emigration. If we put it at thirty days, it seems to me the law will not have that effect we desire it shall have. As much interest is taken in local elections usually as in the most important residential election; and for the purpose of having the law acting alike, I am in favor of sixty days.
Mr. JOHNSON. I am anxious to have some revision made by which this importation of voters may be stopped, but my opinion is, an attempt to enforce this law will be decided unconstitutional.
Mr. CARNAHAN. A large portion of farm laborers live along the township lines ; the revisions of this bill would cut off that large class of voters, and I am satisfied it would be unconstitutional.
Mr. CONLEY. I hope the amendment will not be adopted. As regards the constitution page: 97[View Page 97]ality of this bill, I am not prepared to say anything but I am disposed to vote for it. I would rather see the residence placed at three months than sixty days.
Mr SHIELDS I will withdraw my motion and put it in a different form. I will move to strike out the word "sixty" wherever it occurs in the bill.
Mr. MARCH. I am willing to go as far as the farthest in order to preserve the purity of he ballot-box. There has been no frauds committed with us of which we complain, and therefore I am willing to conform my actions to the opinion of those who live in the sections where frauds are practiced. But why require sixty days residence in a township? let sixty days be required in the county and ten days in the township. The bill as it stands will cut off those who change their residence in March or February, and will throw the elective franchise into the hands of property-holders. I will not vote to compel a man to reside in a township sixty days before he can vote therein. It is not right and fair.
Mr. RAY. In view of the great evils we have suffered, I am willing to encounter all constitutional objections.
Mr. SHIELDS withdrew his motion to amend.
Mr. MARCH offered an amendment requiring sixty days residence in the county and ten days residence in the township, ward or precinct where the voter desires to vote.
Mr. LANDERS would be willing to accept the amendment.
Mr. WAGNER. By that amendment, men who move their families from one county to another on the first day of March can not vote at the April election. I will not vote to cut out such voters. One-fourth of my constituents are made up of that class of men. I am in favor of a law which would require absolute residence, but I can vote for no bill which will disfranchise so many of my constituents.
Mr. JOHNSON moved that the bill and pending amendments be referred to the Committee on Elections.
Mr. CRAVEN made an ineffectual motion to instruct the committee to report two bills on the subject.
The motion to refer was agreed to.
And then-
On motion, the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
A message from the House announced the passage of a joint resolution [H. R. 23] requiring State officers to distribute all journals, acts, statutes, reports and other documents authorized under any existing law.
WORK FOR COMMITTEES.
The Senate proceeded in the disposition of bills-described on pages -- and 69 of these reports>on their second reading, referring them as follows:
Messrs. Cravens's [43,] O'Brien's [50,] and Ray's [59,] to the Committee on Corporations.
Messrs. Newcomb's [49,] Turner's [56,] Wolfe's [57,] and Bobbins's [60,] were ordered engrossed for a third reading.
Messrs. Murray's [51 and 63,] and Mr. Wagner's [66] (without reading-acting upon the suspension of the rules made yesterday, when this bill was read the first time by title only,) to the Committee on Education.
Messrs. Claypool's [52,] Line's [54,] Shields's [62,] Craven's [64,] Shoemaker's [65,] Newcomb's [58 and 59] (read by title only, under a suspension of the rules yesterday afternoon,) to the Judiciary Committee.
Messrs. Conley's [55] and Shoemaker's [58] to the Committee on Finance.
Messrs. Miller's ]53] and Murray's [61] to the Committee on County and Township Business.
Mr. Blair's [67] to the Committee on Claims.
Mr. TURNER, by leave, introduced a bill [S. 79] to amend section 4 of the game law approved February 26, 1857, so as to make it unlawful to kill prairie chickens between the first of February and September in each year, instead of January and August, as the law now provides.
THE STATE AUDITOR'S REPORT.
Mr. WAGNER. In the Auditor's report I find several appropriations made by the last Legislature are overdrawn, and on our statute books I find a law prohibiting the Auditor from drawing after appropriations have been exhausted. As one of the committee having to look to these matters, I would like to test the sense of the Senate upon the propriety of the course of canelling these amounts and vouchers which have been drawn out over and above the appropriations by the Legislature. If we can not have our officers of State to abide by law, we need no legislature, and had better allow the State officers to use monies as they please. I earnestly protest against it and hope the men that overdraws again may go to breaking rocks in the penitentiary, where they should go for violating their obligations. If the appropriations had not been overdrawn, we would have had over $200,000 in the treasury to-day, while we have nothing, and the Governor, in a message to the House, recommending a loan.
Mr. JONES. If I recollect right, the law providing for extra sessions of the Circuit Courts had a provision to this effect, that the State Auditor should pay for those services out of any moneys not otherwise appropriated; and I think it is under this law that the State officers have acted, and charged under the heads of "Judiciary" and "Prosecuting Attorneys."
Mr. MARCH. I hope the Committee on Finance will not allow for warrants drawn to pay for these special terms of courts, for the law is a nullity.
page: 98[View Page 98]Mr. CLAYPOOL offered a resolution directing the Finance Committee to inquire into and report all warrants drawn on the treasury in violation of law.
Mr. CLAYPOOL. I do not know, myself, whether any warrants have been unlawfully drawn, but intimations of that kind have been made. If it is so, I would deal with overdrawn warrants as I would deal with forged drafts.
Mr. RAY. The course of this discussion is well calculated to reflect upon the official integrity of the Auditor of State. The specifications are that he has drawn largely beyond the appropriations for the Judicial department. The law is as stated by the Senator from Bartholomew [Mr. Jones.] Senators ought to be careful, it seems to me, how charges are made and severely commented upon without some basis for the remarks. It seems to me that nothing short of official delinquency should call for this kind of animadversions on the official conduct of any gentle man.
Mr. WAGNER. The Auditor has overdrawn largely on most of the appropriations. I don't pretend to say he has done any moral wrong, but that he has not complied with the strict letter of the law, and does not deny it.
Mr. NEWCOMB reviewed the Auditor's report at some length, and said: We have a set of legislators outside of these halls who undertake to appropriate monies belonging to the State without the proper authority, and we have got to stop this way of doing business, or we will have no treasure. I will vote to make an example of the present officers, and let them get out of the difficulty the best way they can, or for a law imposing some strong penalties on the incoming officers. I think with the Senator from Warren [Mr. Wagner,] we may as well abolish the Legislature as to let this thing go on.
Mr. RAY. The misapprehension all grows out of a misconstruction of the law of 1859. * * * * I desire gentlemen to understand that I do not appear here as an advocate of a loose system of drawing upon the treasury.
Mr. ROBINSON. I had thought the amendments were made two years ago to put officers on their guard against drawing moneys unauthorized by law. There was just such a squabble in this Chamber two years ago, and I thought an overdraw of the people's money would not be recognized hereafter. I was then for putting a check once for all upon this waste of-the public treasure. Mr. R. cited the overdraw in the case of the northern state prison, reflecting severely thereon at some length, and closed by saying: With these remarks, I think you will find I am ready to "cut these things off at the knees."
Messrs. Newcomb, Ray and Wagner made some further remarks upon the subject.
Mr. STEELE cited a direct enactment prohibiting the State Auditor from drawing money unless there be a fund upon which to draw.
The resolution was then adopted.
On the motion of Mr. CONNER, Mr. Claypool was added to the Committee on Finance.
Mr. SHOULDERS presented a petition from Dubois county praying for the repeal of the new county acts of 1857 and 1859, which was read and referred to the special committee on new counties and county lines.
Mr. CONLEY introduced a bill [S. 80] to repeal an act for the protection of wild game &c., approved February 26, 1857, which was passed the first reading without objection.
And then-
On motion, the Senate adjourned.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 24,1861.On motion by Mr. LANE, the reading of the journal of yesterday was dispensed with.
PETITIONS.
By Mr. MOODY: the petition of citizens of Newton county with refence to the location of the county seat of said county, asking for law to authorize a location under certain exemptions ; which was referred to the Committee on County and Township Business.
By Mr. CRAIN: the petition of J. D. Price, others, citizens of Parke, against the new county act of 1857 and '59; which took the same reference.
By Mr. WOODHULL: the petition of Alex. P. Vancleve, and other citizens of Steuben county, for the abolition of the county treasury system, and to authorize township receivers of the public moneys; which took the same reference.
By Mr. BLACK: the petition of Chas. Cox, and others, citizens of the county of Dubois and Orange, for a change of the division line between said counties which was also referred to the Committee on County and Township Business.
By Mr. BUNDY : the memorial of Andrew J. Gray, of Dearborn county, for relief for expenses incurred in the capture of a fugitive from justice, which was referred to the Committee on Claims.
By Mr. WOODRUFF, the petition of citizens of the State, asking for amendment of the wild game law to protect quails and pheasants, which was referred to the Committee on Rights and Privileges.
[A Senate message anounced bills and joint resolutions passed in that body.]
THE PRESIDENT ELECT WILL VISIT THE
LEGIS
LATURE.
Mr. CAMERON, from the joint Committee, to wait upon the President elect of the United States, and invite him to visit the Legislature on his way to Washington City, reported that they had performed that duty, and had received his answer, that he would visit the Legislature some time be
