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BREVIER LEGISLATIVE REPORTS

BY ARIEL & W. H. DRAPIER

Vol. IV INDIANAPOLIS, JAN. 16, 1861 No. 2

that number about fifty are under twenty-one years of age.

The Legislature of 1855, impressed with the necessity of providing a place in which the young delinquents might be confined, where the old and hardened criminal should have no power to lead them further astray, or induct them deeper into crime, provided for the purchase of a piece of ground for the purpose of establishing a House of Refuge. In April last, Governor Willard and the State officers negotiated with General James P. Drake for the purchase of one hundred acres of land, four miles west of the city, for that purpose.

The importance of such an institusion can not be overestimated, and it has had the frequent recommendations of my predecessors. In view of the fact that the penitentiary to a young mind is a perfect school for vice; that mere boys are sentenced there in order to avoid an expense to the county for their maintenance in the county jail; and that by contact with old offenders, come out at the end of their term as vicious as their instructors, I can hardly conceive a want more seriously felt than this. In our sister States, these institutions, under the names of "Houses of Reform," "Houses of Correction" "State Reform Schools," &c., have been tried with success. The establishment of a House of Refuge upon the ground selected and purchased for that purpose, is imperatively demanded-demanded alike by good morals and sound policy-and I recommend that prompt and adequate action be taken by you in the matter, and that an appropriation for that purpose be made.

By a law, approved March 5th, 1859, the Legislature provided for building a State Prison north of the National Road, and appropriated fifty thousand dollars to carry the provisions of the law into effect. As the Legislature failed to elect three directors, the Governor, by virtue of the law, appointed Dr. B. F. Mullen, John P. Dunn and John W. Blake such directors, who proceeded to locate the prison at Fort Wayne. But for some reason the Governor failed to approve of this location, and it was finally abandoned, and the location subsequently made at Michigan City. Under a contract made by the directors on the part of the State, with Messrs. Talbott and Costigan, for the building of such State Prison, I learn the full amount of the appropriation has been expended. As I have had no connection, either personal or official, with this transaction, I am compelled in this general manner to allude to it. In regard to the location of this prison, the making the contract and the direction of the work, in a matter of the importance of this, it is due to these directors, as well as to the public, that you should cause a full investigation to be made in reference to their action as such directors, and I respectfully recommend that you cause such an investigation to be made. Their report is herewith submitted.

The commission appointed under a joint resolution of the General Assembly at the last session, in relation to the settlement, adjustment and collection of the dues to the State, assembled in this city in July, 1859, to discharge the duties confided to them.

By the terms of the joint resolution, the authority of the commissioners seemed to be limited to the detailed statement of the unsettled accounts of all persons heretofore acting as officers or agents of State, and evidences of debt, delivered to them by the Auditor of State. They thoroughly investigated such accounts and claims, and, as far as practicable, have settled the same in pursuance of the terms of the joint resolution. The investigation required, in some instances, much labor, and the examination of a great variety of facts. The settlements so made were, in my opinion, such as the interests of the State rendered necessary, and I have, upon an examination of them, given my full approval thereof in writing. The report of their proceedings is herewith laid before you.

In order that the citizens of Indiana should compete favorably with those of her sister States in the full and profitable development of her mineral resources, the last Legislature, following out the wise and enlarged policy demanded by an increase in the number of our inhabitants, and a friendly emulation with our sister States, passed an act requiring a geological reconnoisance of our State preparatory to a more full and extended examination of all her hidden resources. This survey you placed under the fostering care of the able and energetic State Board of Agriculture, who have, in their direction of the survey, fully sustained their well-merited character for discernment in plan and promptness in the execution of work entrusted to their charge. Already with the five thousand dollars placed by you at their disposal, they have had nearly every county partially examined, and are ready, through their geologist, to report upon the most important localities, minerals, soils, etc., meriting more full and detailed examinations, should the same wise and liberal policy dictate a further prosecution of the work, and furnish the necessary means.

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The advantages of a thorough geological survey are manifold. It will show to our citizens and the world that we have more than twenty counties in which a good working coal can be developed to any required amount; coal beds from which oil can be extracted equal in quality, and nearly in quantity to that of Breckinridge county, Kentucky; abundant deposits of iron ore at present worked successfully at a few furnaces, chiefly on the edge of our coal fields; and also on the same coal field margin favorable locations for sinking brine wells and boiling salt; various localities in which extended search may develope lead and other metals-one deposit having recently been developed by analytical research in the laboratory of the State Geologist as rich in the valuable mineral cobalt, extensively used in arts and manufactures-besides, further, the examination and recommendation of many valuable quarries affording materials for building rock and road making, with, others affording grindstones and whetstones of excellent quality, and a good article of lithographic stone; as well, also, as numerous deposits adapted to the manufacture of firebrick, earthenware, etc. Besides all these important and practical results, I would more especially call your attention to the chemical analyses of thirty-three soils selected from different geological formations, designed to show the manner in which that important work should be performed for every county in Indiana.

To enumerate all the advantages which our State would secure, would occupy more space than can be appropriately devoted, notwithstanding the vital importance of the subject to our whole community, but it is confidently hoped enough has been here said to direct your attention to a work alike useful and interesting to the farmer, the mechanic, the engineer, and many others, as well as to the general lovers of science.

Our lamented man of science, of world-wide reputation and an ornament to our State, our late State Geologist, Dr. David Dale Owen, is lost to science and to us by death, and it will be indeed hard to fill the void thus occasioned. .As, however, he was occupied previous to the call made on him by our State Board, in the surveys of Kentucky and Arkansas, he had not personally taken the field. The work has been hitherto conducted and reported upon by his brother, Dr. Richard Owen, whose report is herewith submitted to you, with the necessary maps, diagrams, tables of analysis, etc., connected therewith.

It is now seventy-one years since the present Federal Constitution was adopted, and the United States formed into one nation under its provisions. In that time, under the benign influence of our Federal Union, our advancement in all the elements of national greatness and power, has been unparalleled; and now, in the very zenith of our power, in the morning of our national existence, with all the elements of our national and individual wealth in rapid process of development, we find ourselves on the brink of disunion, and from the high position we have hitherto enjoyed as a power among the nations of the earth, we seem about to fall into the fathomless depths of anarchy and civil war. As one of the members of this great confederacy of States, it is our imperative duty to carefully and honestly consider the causes that have so much disturbed our Federal relations, and if any remedy can be devised stay the progress of disunion, Indiana should be willing to seize upon it at once, and use that remedy to heal the dissentions existing between the Northern and Southern States. The Federal Government, based as it is upon a written constitution, formed of delegated powers from the several States, and possessing no powers that are not federal in their character, necessarily leaves untouched and to be exercised by the several States alone, all local rights of persons or property. Its mission is to regulate our intercourse with foreign nations, and to promote and secure domestic tranquility. Its strength rests with the affections of the people of the several States. It is a government of affection, and not of force, and the dangers that now surround us, arise from the fact that the fraternal bonds that have thus far held us together as a nation, have been growing weaker and weaker until they are about to break asunder. The causes that have produced this alienation of affection between the people of the different sections of the Union, in my judgment, are all traceable to the unwise, and, in many instances, fanatical agitation of the question of domestic slavery.

The very form of our Federal Government presupposes a difference in the local and domestic institutions of the several States, and has wisely left each State in the undisturbed right to control its domestic policy. At the time the Federal Constitution was adopted, twelve of the thirteen original States recognized slavery. But the institution was then in its infancy in this country, and had been forced upon the colonies by the mother country. Most of the leading men, both Worth and South, then looked upon its existence as ephemeral, and contemplated a day, at no great distance, when it would wholly disappear from our system. Far-seeing as the founders of this Government were, they did not estimate rightly the future of this institution. Subsequent developments have fixed the line of demarkation between free and slave institutions. This line has been established by self-interest, and not by any principle of religion or philanthropy. The Northern States relieved themselves from the burthen when they disposed of their slave property to their Southern neighbors and abolished the institution, and the Southern States found in the growing demand for the peculiar productions of their climate and soil, a profitable field for the employment of this species of labor, and they have cherished and maintained it, until it has become the basis of their social system as well as the mainspring of their wealth, and its productions now form the staple of the world's commerce.

From the time this line was formed a gradual but perceptible change in the tone of sentiment, both North and South, began to manifest itself. In the beginning of the agitation of the slavery question in the free States, the advocates of anti-slavery sentiments found but few sympathizers, and the abolition lecturers met with but an indifferent reception at the hands of the people. The honest instincts of the masses recoiled from the danger with which these sentiments were pregnant, and the fear of the popular mind has been page: 21[View Page 21]Switch to Image ModeCLOSE Page 21fearfully verified in the events that are now transpiring around us. In the change of popular sentiment on this subject, the politician and the demagogue have had much to do; but their efforts would have been powerless but for the aid they have received from a much more powerful as well as dangerous class. I refer to that class of political teachers who belong to the ministry, and who claim to speak by authority. In all ages of the world, the ministers and priests of the prevailing religion have exercised a most potent influence over the minds and conduct of men; and in no country more than in our own, notwithstanding our boasted independence. Their power for good or evil is greater than any or all others. They stand as the professed representatives of heaven, in attempting to reclaim a world from sin. Clothed with this sacred robe, as ambassadors from that high court, they claim to pass the judgment of Heaven upon the acts and conduct of their fellow men; and when this high mission is faithfully and conscientiously performed by one capable of understanding the true relation between man and his maker, when the Christian religion is applied to the world as it is, and not as it ought to be, no nobler spectacle can be presented than that feature of our social system that is so strikingly exemplified in the church circle of which its minister and pastor is the center, and no class of men are entitled to higher regard than those ministers who faithfully, and in a spirit of charity, discharge the high duties of such a station. But unfortunately for us as a nation, too many who have thus armed themselves with this double power for good or evil, have turned their attention to political reforms, aud invoke, in their misguided zeal, all the fanatical elements by which they are surrounded. Profoundly ignorant of the political bearings of questions of social and political economy, they claim to judge all such questions from a moral point of view, and to condemn or approve according to their standard of moral right, without any regard to the effect of such a decision upon the well-being of society at large, and without considering the probable result of their pretended moral reform upon the political condition of the country, and their labors have thrown every wave of sectional commotion higher than the last, until the whole country is convulsed by it. The slavery agitation in the free States has naturally produced ultraism at the South, and, as a consequence, the country has become divided into sectional parties, separated by geographical lines. Against these ultraisms, North and South, it is the duty of the conservative element of the whole country to interpose; and this must be done at once, or disunion is inevitable, if it be not already accomplished. The points of difference between the slaveholding and the non-slaveholding States are few, and even those are more imaginary than real. We are as much interested in the development, growth and prosperity of the Southern States as they are themselves, because southern productions have become necessaries of life. On the other hand, they are deeply interested in our prosperity, and suffer from any cause that retards it. The Constitution demands that their fugitive slaves be returned to them. Equity and common honesty require that they shall have full and equal rights in the territories belonging to the General Government. The future condition of the territories, so far as the extension of slavery is concerned, will ultimately be determined by the natural laws that have hitherto controlled that species of property: that is, climate, soil, and productions, so that any question that can now be made upon it must be more an abstraction than a living, vital principle. Why then is it so difficult to adjust all differences between us, and what has caused this fearful political commotion, this panic that has prostrated all the commercial relations of the entire Union? This state of things followed immediately upon the result of our late Presidential election, and it would be difficult, I apprehend, to give as a reason for the present condition of things any other than the result of that contest. The South regarded the election of a Northern candidate by a Northern party as the sequence of anti-slavery agitation, as the solemn verdict of the people in the free States against the South and her institutions, and the instinct of self-preservation is now causing in the South that character of action which threatens to shake the fabric of our Government to its centre. The triumph of the Republican party in the late Presidential contest is the proximate cause of our present political troubles. But the state of popular sentiment necessary to produce these results has been maturing for years, and is the result of slavery agitation. The Southern mind has become impressed with the belief that there is no longer any safety to them or to their property in a union with non-slaveholding States; and that belief does not rest upon any one act of the prevailing party, but in the chain of events that connect together the history of anti-slavery agitation. Underlying, as the institution of slavery does, the whole structure of Southern society, both social and political, and forming to them one great element of their wealth, regarded by them as indispensible to the growth and development of the country, and sensitive to all attacks from every quarter, there can only be permanent peace and tranquility between the two great sections of the country, when we of the free States are ready to stop this discussion of the abstract question of morals connected with this institution, and to look upon it only as a political question, and as it stands connected with our interests as a nation. Compromises of political differences may do much, but that which is most needed at this time, is a restoration of the sentiments of kindly feeling between the North and the South that so strikingly characterized the early history of our republic, and then we may hope that an honest and faithful discharge of all our constitutional obligations toward each other, will result in healing the present breach and insure to us as a nation a brilliant future. It gives me great pleasure to say that Indiana, as a State, has hitherto faithfully kept the bond of union with all her sister States Her record is unstained by any act of bad faith. She has never attempted, directly or indirectly, to evade or avoid any of the requirements of the Federal Constitution, and no man can doubt but if the same could be said of every other State, instead of discord, peace and harmony would reign throughout our borders: Let us then take pride in maintaining the high position we have thus far occupied as a conserva page: 22[View Page 22]Switch to Image ModeCLOSE Page 22tive, Union-loving State, and, while we throw our weight into the scale in favor of any practical mode of settling the present trouble, let us also endeavor to aid in that more permanent and lasting settlement that must flow from a restoration of amity and cordiality among all our people, North and South. Then, as you have met in a legislative capacity, you should place Indiana in this controversy where she rightfully belongs, as a conservative, law-abiding and union State. Show to the people of this confederacy that Indiana will maintain the constitutional rights of every State in this Union-that she will extend to the South all rights in the territories belonging to this Government that she would claim for herself-that she will look to the Constitution and the laws to determine rights of property, and not permit any moral questions to interpose to effect that determination, and that all property recognized by the Constitution and laws shall be alike protected. This position, although it may not affect the action of the extreme Southern States, yet it may do much to bring about a convention of the border, free and slave States. And regarding, as I do, these States to be conservative, and in favor of maintaining the Union as it is, it would be well for the peace of this country, if they could meet in convention and consult together in regard to the present unhappy differences existing between the North and the South. They might by their conservative action, induce the extremists of the North and South to pause and reflect upon the consequences which must necessarily result from their fanatical course, and if by their action, this much could be gained, there would then be hope that by a union of the conservative elements of the country, these unhappy differences might be satisfactorily settled and the best government under heaven, saved from the horrors of disunion and civil war.

A. A. HAMMOND

The business of the joint session being then concluded, the Senators retired.

MEMORY OF GOVERNOR WILLARD.

Mr. HEFFREN submitted the following:

Resolved, That the House of Representatives of the State of Indiana has received with the deepest sensibility, the announcement of the death of Governor Ashbel P. Willard.

Resolved, That the officers and members of this House will wear the usual badge of mourning for thirty days, as a testimonial of the profound respect this House entertains for the memory of the deceased.

Resolved, That the proceedings of this House in relation to the death of Governor Willard, be communicated to the family of the deceased by the Clerk.

Resolved, As a further mark of respect for the memory of the deceased, that this House do now adjourn.

Mr. HEFFREN said:

MR. SPEAKER:- We have just had communicated to us, in an official manner, the death of our late Governor, Ashbel P. Willard. This is the first time in the history of Indiana that her Chief Executive has deceased in office, and the reins of Government have fallen into the hands of him who was elected as the second in command. Indiana is called to mourn the loss of one of her brightest intellects, one of her most genial citizens, and a nation the loss of one of her first statesmen. Sir, I can not pass such an eulogy upon the life, services and character of the deceased as I could wish, but will leave to older and more experienced heads than mine the task, yet I can not suffer the present occasion to pass without offering a tribute of respect to his memory, and while we drop sympathetic tear over his grave, let us not forget to do his life and actions justice. Ashbel Parsons Willard was born October 31st, 1820, at Vernon, Oneida county, New York. His father was a highly respectable farmer, and at one time Sheriff of the county. Young Willard early evinced those powers of intellect which made him such fame in after years. He was of a family of five sons and a daughter. His sister and three of his brothers went to their long home before him. The cold grave closed over their remains and shut from his sight his kindred. A brother of our Governor still survives; the last of that family. They have all fallen, I believe, by that insidious and fell destroyer, consumption. One I well knew, and he was possessed of the same noble traits of character as was our lamented Governor and departed friend.

With the early history of the life of our late Governor I am not very familiar, but I understand that by constant and severe application, he almost ruined his health, and perhaps planted the seeds of his own destruction as he pored over his books by the flickering beams of the midnight lamp. In 1842, he started for the far off West, where "the star of empire takes its way," there to embark upon the tempest-tossed, turbulent sea of life. He arrived in Marshall, Michigan, where he remained a time, and from thence into Texas on horseback, and back to Kentucky, and finally settled at New Albany, Indiana, in the year 1845, where by industry, energy and preseverance, he won friends in the ranks of all parties who never deserted him in his later years.

In 1847, he returned East, and on the 31st day of May, of that year, was married to the beautiful and accomplished Caroline C. Cook, of Haddam, Connecticut. The offspring of that marriage who now survive are James H. and Caroline C. Willard. One, Ashbel P. Willard, Jr., preceded his father to the grave, and the dust of father and son now repose in quiet, side by side in the cemetery of New Albany. All remember the thrill of sadness that ran through our veins as the news was received that Ashbel P. Willard was dead. We felt an involuntary shudder pass over our frames and a chilling sensation through our hearts. We did not think it possible, that he who was onr delight and joy had passed, away from earth to return no more forever.

Yet so it was, for on Thursday, October 4, at about five o'clock, his spirit took its flight to the God who gave it. He died at St. Paul, Minnesota, far away from his intimate friends and associates, and I had almost said in a land of strangers but nowhere in the Union was Ashbel P. Willard a stranger, and no place on the soil of the United States, where civilization rules, but he would have been hospitably received. Just before he died he asked that the papers might be read to him, and he manifested great anxiety for the fate of his country, which he believed drifting to destruction. Alas! too well founded were his fears, too true his belief.

He was elected to the City Council of New Albany in May, 1849, and in 1850, a member of the page: 23[View Page 23]Switch to Image ModeCLOSE Page 23General Assembly, and held a seat upon this floor. He was one of the working men of this body, and the statute books of the State still bear the impress of his genius and wisdom. In 1852 he was elected Lieutenant Governor of the State by his party, and thereby became ex-officio President of the Senate. Four years ago, when I first entered the General Assemby of this State as a Senator from the county of Washington, Lieutenat Governor Willard was in the chair. Well do I remember the turbulent scenes of that organization. Well do I know the firmness and forbearance exhibited by our friend at that time, when there was danger upon every hand, and how well I remember the heroic courage he exhibited there. I well remember, sir, that, had it not been for his counsel, the floor of that Senate would have been bathed in blood and covered with the bodies of the slain. But his advice prevailed, and peace and concord once more held sway.

In 1856, Willard was nominated as a candidate for Governor. He made one of the most laborious canvasses ever made in Indiana. When we see him elected over so able and accomplished a speaker and gentleman as Oliver P. Morton by so large a majority, when, but two years before the State had been thousands against his party, we may well stand abashed at the power, will and majesty of his intellect. Sir, I have seen him sway the tumultuous crowd to and fro like the top of the tall oak in the storm; I have seen him, as the words of burning eloquence flowed from his lips, hold thousands enchained and enraptured, and when he had done, sigh that their feast was so short. He had all the elements of a popular orator and well he knew how to use them to make them tell upon his admiring hearers. His race was short but brilliant. He rose rapidly to distinction and honor, eminence and usefulness. Like the lightning that flashes athwart the sky, his intellect blazed upon us, but when it went out left us in deeper darkness. In him the youth of the land have a model to follow and an example to guide them onward and upward to fame and honor. Starting poor and alone, he carved his way in a few short years to the highest post of distinction in the gift of the people of his State. But he is cut off in the morn of manhood and vigor of his life. Forty summers had just passed over his head and he was called away from us. Yes, death has entered, as it were, into our circle and stricken down the husband and the father as well as our Chief Executive. The beaming eye so full of fire and intelligence that we were wont to look upon, is closed and lusterless. The hand that greeted us with warm friendship and kind affection is cold and clammy in death. The lips and tongue which poured forth streams of eloquence and enraptured us are silent, and that countenance upon which beamed, intelligence and wisdom, urbanity and generosity, has lost its teeling. The wife has lost a kind and doting husband, the children an affectionate and loving parent, the State a noble Executive, the people a kind hearted and noble friend.

But he is gone. His body has been borne to the cold and silent grave by his countrymen, and now reposes in solemn grandeur upon the banks of our own Ohio, whose waters, taking their rise in Pennsylvania and Virginia, mingle and intermix, and are dashed together over the falls of the Ohio, near where his bones now rest in quiet and repose. So may the people of that country which he so loved, mingle and commingle together, until time shall be no more.

And now, when his form has passed from our sight-when his body has been buried beneath the cold clods of the earth, and the dark and silent grave has received it-let us honor his memory and his services. Cut off in the zenith of his fame and glory, it is a warning to us all; and when the grass shall grow green over his grave-tall and rank and high-and be swayed to and fro by the night winds and breezes of heaven; when the nightingale shall pour forth her plaintive song near his last resting place-let us do his memory justice, and preserve his example in our hearts, so that when we are called from labor to refreshment, we may be ready to lay off these mortal habiliments and be raised and exalted to the home of the blest.

Mr. STOTSENBURG said:

MR. SPEAKER: Coming as I do from the city and county which was once the loved home of Ashbel P. Willard, and from the banks of the beautiful river where his ashes now repose, I can not refrain from adding a few words to the expressions of sympathy and regard which have been enunciated by the gentleman who preceded me. It is, indeed, eminently proper that this House should give its unanimous assent to the resolutions of condolence which have just been presented.

At a time, sir, when the State of Indiana was convulsed with the strife of politicians, and when men were grasping after worldly honors and emoluments, Ashbel P. Willard, the Governor of the proud Commonwealth of Indiana, was stricken down by the Destroying Angel. At any time such a calamity would have been greatly deplored and widely felt; but how striking and peculiarly impressive did the circumstances make it. The people of Indiana, casting aside all party differences, and forgetting the excitement of popular strife, with one heart and one voice unite in paying the last tribute of respect to their departed and honored Chief. Imitating their example, let us, the representatives of the people, turn aside for a moment from the pressing cares and anxieties of State and National affairs, and render our homage to the memory of him who was so lately the chosen leader of our State.

It was never my fortune to meet Governor Willard on any public arena; to notice the grasp of his mind or the powers of his great intellect. I knew him rather as a private citizen and as a friend. In all my intercourse with him I found him to be the soul of honor, kind, faithful and generous to a fault. His public acts and political career are known to all, and the record of his life has bee given to the world by abler and wiser men. As for his name and deeds are they not enrolled in your capitol?

How opportune was his death! Patriotic always, and with a heart throbbing with love for the union of the States, Providence vouchsafed to take him from us ere the black storm of civil war threatened to burst in awful desolation over our beloved America. He will never see the troops of a sister State marching with hostile ban page: 24[View Page 24]Switch to Image ModeCLOSE Page 24ners against brethren and friends, and he has been spared the pain of witnessing the bitter strife that is now precipitating us into a fratricidal war.

"Felix non solum claritate vita sed etiam opportunitate mortis."

The resolutions were adopted unanimously, and accordingly the House adjourned till tomorrow morning, 9 o'clock.

IN SENATE.

Mr. CRAVEN presented a petition from certain citizens of Indiana, praying for the passage of a law making it obligatory for all persons committed to jail for non-payment of fine, to pay it by hard work ; which was read and referred to the Committee on the Judiciary.A resolution was adopted, providing that when the Senate adjourn, it be till Monday morning at 9 o'clock.

THE STATE PRINTING.

Mr. JOHNSON offered a resolution, which was adopted by consent, instructing the Committee on Printing to enquire into the expediency of letting the State Printing to the lowest responsible bidder.

THE MILITIA.

Mr. MURRAY offered a resolution, which was adopted, requesting the Committee on Military Affairs to enquire into the expediency of re-organizing the militia of the State ; and of repealing the laws now in force for that purpose.

BEER, WINE AND CIDER.

Mr. HULL offered a resolution, which was referred to the Committee on Temperance, expressing it as the opinion of this Legislature that the present Temperance laws shall be so amended as that the restrictions shall not operate upon lager beer, native wines or cider.

GOVERNOR'S MESSAGE.

Mr. O'BRIEN offered a resolution ordering the printing of 5,000 copies of the Governor's Message, 2,000 of the same to be in the German language.

Mr. WAGNER moved its reference to the Committee on Printing.

Mr. SLACK thought we should act upon this resolution now ; and was of opinion that the number proposed to be printed was too small by half.

Mr. WAGNER. We will have another Message soon ; and let them both be printed at once, and go to the country together.

Mr. TARKINGTON made an ineffectual motion to lay on the table the motion for a reference.

The motion to refer was then agreed to by yeas 25, nays 20.

POSTAGE STAMPS FOR OFFICERS.

Mr. ANTHONY offered a resolution, which was adopted by consent, directing the doorkeeper to procure postage stamps for the Principal and Assistant Secretary, and first and second Doorkeeper, when ordered for members.

FEDEEAL RELATIONS.

Mr. MURRAY offered the following joint resolution, (S. 2,) which was referred under the rule to the Committee on Federal Relations:

A JOINT RESOLUTION ON THE STATE OF THE UNION.

WHEREAS, The State of South Carolina has placed herself in treasonable hostility to the General Government, by seizing the U. S. Post Office, Custom House, Fortifications and moneys, and firing into a Government vessel conveying troops and provisions to one of the United States forts in Charleston harbor; and

WHEREAS, The intelligence of similar hostile acts upon the property of the U. States Government in Georgia, Alabama, Louisiana, and the treasonable avowals of Senators and Representatives of those States in Congress; and

WHEREAS, This Government, having been formed by the people of the several States, through their lawfully constituted Representatives, for the purpose of establishing Justice and perpetuating Liberty; and

WHEREAS, The Constitution of the United States, which the Senators and Representatives of the people of Indiana have solemnly sworn to support, is the only guarantee of Justice, and the only charter of Liberty-Therefore

Be it Resolved by the Senate and House of Representatives of the State of Indiana, That a full sense of the value of this Government to ourselves and our posterity-to liberty loving men in all the world and of the great and increasing obligations we are under to our forefathers out of whose sacrifices it was established-impel us to make every effort in its behalf by sustaining the present and incoming administration in enforcing the laws and maintaining the Union.

Resolved, That the lawful, peaceful and constitutional election of a President of the United States furnishes no cause whatever of secession of any State from, or dissolution of this Union; and that all States parties or individuals that act on a different hypothesis, put themselves in antagonism to the General Government, and upon committing any overt act, become traitors to the government.

Resolved, That the patriotic stand which the President has taken to assert the supremacy of the Federal authority over the insurgent State of South Carolina, meets with our approval; and in any needful emergency, we tender him, through the Governor of the State, all needful aid in men and money to effect that object.

Resolved, That the Governor be requested to forward a copy of these resolutions to the President of the United States, to each of our Senators and Representatives in Congress, and to the Governors of the several States.

NEW PROPOSITIONS.

The following bills were introduced, read and severally passed to the second reading. without objection:

By Mr. CONLEY: A bill [S. 6] for the immediate repeal of an act entitled "an act to authorize the formation of new counties and to change county boundaries," approved March 7 1857,

By Mr. Mr. NEWCOMB: A bill [S. 7.] supplementary to an act concerning real property and the alienation thereof, approved May 6, 1852.

[The Revised code of 1852 provides that a married woman over eighteen and under twenty-one, may join with her husband in conveying his land; if the father, or if there be no father, the mother of the wife shall give consent, &c. This bill provides that when there is neither father nor mother living, such conveyance may be made, if the common pleas judge of the district where the grantors reside shall endorse his approval thereon, and being satisfied that it would prejudice the interests of page: 25[View Page 25]Switch to Image ModeCLOSE Page 25the husband and wife to be prevented from making such conveyance. That the judge have power to hear evidence as to the propriety or necessity of making such conveyance, and that he be paid by the grantors, the same fees that are allowed to justices of the peace for similar services.]

By Mr. LINE: A bill [S. 8,] to amend the act the to regulate and license the sale of spirituous, vinous, malt and other intoxicating liquors, to prohibit the adulteration of liquors," c., approved March 5, 1859; so as to provide that any person may sell pure, unadulterated beer and native wine or cider, without license.

By Mr. CLAYPOOL: A bill [S. 9,] to amend sec. 9 of an act providing for the election of justices of the pe'ace, approved June 9, 1852; so that their jurisdiction, unless otherwise provided for by law, shall be limited to the county in which they reside.

By Mr. LOMAX: A bill [S. 10,] to amend sec. 102 of an act to provide for a general system of common schools, approved March 5, 1855; so as to provide for the appointment of school directors where the inhabitants fail to elect; and to amend sec. 149, so as to enable school teachers to procure certificates for orthography, reading, writing and arithmetic, only where those3; branches are the only branches required to be taught.

By Mr. CONNER: A bill [S. 11,] to repeal so much of sec. 151 of the act providing for the valuation and assessment of real and personal, property, as gives the purchaser of land gold for delinquent taxes possession of the premises before the deed is executed.

By Mr. CRAVEN : A bill [S. 12,] to amend sec. 16 of an act touching the relation of guardians and wards, approved June 9, 1852; so as to require that the appointment of appraisers to appraise real estate shall be from the counties in which the land is situate.

By Mr. LOMAX: A bill [S. 13,] to amend sec. 5 of an act to provide for the more uniform mode of doing township business, &c., approved February 18, 1859, so that the township trustee shall hold his office for two years, and until his successor is elected and qualified.

By Mr. CARNAHAN: A bill [S. 14,] to amend sec. 48 of an act providing for the settlement of decedant's estates, so that the executor may postpone the sale till the first term of the Common Pleas Court; no notice of the filing of the petition shall be required; the court may also postpone the sale from time to time, and require additional security for the safety of the estate;this act to apply to persons dying before as well as after its passage.

A MESSAGE FROM THE HOUSE

Was received, inviting the Senate to meet in the Representatives' Hall at 2 o'clock next Monday afternoon, to compare the election returns for Governor and Lt. Governor.

The invitation was subsequently accepted by the Senate.

SENATE BILLS ON THE SECOND READING.

The following bills introduced yesterday were read the second time and severally referred, as follows:

Mr. Slack's [S. 2] for the abolishment of courts of conciliation; to the Committee on the Organization of Courts.

Mr. Cobb's [S. 8] to enable justices to commit defendants in case of conviction upon failure to pay costs; to the Judiciary Committee.

Mr. March's [S. 4] abolishing the office of State Printer; to the Committee on Printing.

Mr. Newcomb's [S. 5] providing that the opposite party may offer himself as a witness in his own behalf, whenever the assignor is used as a, witness by the assignee, being read-

Mr. MELLETT moved to amend by striking out all of section 1 after the words " be amended so as to read as follows," and insert the following:

" No person offered as a witness shall be excluded from giving evidence, either in person or by deposition, in any civil action or proceeding, by reason of incapacity from crime or interest in the event of the same as a party thereto, or otherwise ; Provided that no party to a suit shall be allowed to testify when the adverse party is the executor or administrator of a deceased person, when the facts to be proved transpired before the death of the deceased person, nor shall he testify unless he give reasonable notice of his intention to do so to the adverse party, his agent or attorney."

Mr. CONNER. In this bill there is a question involved which has been very perplexing to the courts for a long time. I move its reference to the Committee on the Judiciary.

The motion was agreed to.

IN MEMORY OF GOVERNOR WILLARD.

Mr. SLACK submitted the following:

Resolved, That the Senate of the State of Indiana has received with the deepest sensibility the announcement of the death of Governor Ashbel P. Willard.

Resolved, That the officers and members of the Senate will wear the usual badge of mourning for thirty days, as a testimony of the profound respect the Senate entertains for the memory of the deceased.

Resolved, That the proceedings of the Senate in relation to the death of Governor Willard be communicated to the family of the deceased by the Secretary.

Resolved, As a further mark of respect for the memory of the deceased, that the Senate do now adjourn.

Mr. SLACK. Mr, President: In presenting these resolutions to the Senate, I do not propose to deliver a eulogy upon the life, character and public services of our late distinguished Executive, but I cannot resist this opportunity of testifying to his many virtues, and his most generous impulses.

In early youth he was thrown upon his own resources; and when we view the fact that he began life in a remote land, far from his native home, amidst entire strangers, with no other capital than that intellect which a genorous Maker had given him, and with a fixed and unalterable determination to do his duty, and view the high and lofty position to which he attained, the commanding influence he ex page: 26[View Page 26]Switch to Image ModeCLOSE Page 26erted in the councils of his country, we cannot do otherwise than cherish his memory, and view with respect and admiration the chaplets which encircled his brow.

As old age creeps upon the distinguished and admired statesman, whose many acts of self-sacrificing patriotism have endeared him in the hearts and affections of his countrymen, we are naturally taught, as time rolls round, that he must soon part from us, and leave for a higher and more happy sphere; then the keen pang of separation is greatly mellowed by the reflection that the change is what we anticipated, and we are prepared for the loss. But, Mr. President, when inexorable death knocks at our doors, and obtains admission, and selects for its victim one so young, one so gifted, one so distinguished, one who had so string a hold upon the affections of a generous people, and one too, whose distinction had not yet reached its meridian height, with what redoubled force does the blow come, how much keener the pang, how much more crushing the affliction.

But, Mr. President, the immutable fiat was issued, and we must bow to the will of Him "who doeth all things well."

To the family and friends of our lamented Chief Executive, I may be permitted to express the consoling thought that those who knew him best, appreciated him most; his kind and generous nature knew no harbor for jealousy, envy or malice, and may we not, with propriety, entertain the thought that their and our loss is his gain?

Mr. WAGNER. Mr. President-I also wish to second the resolutions of the Senator from Huntington. It has been my fortune during the past two years, as President of the State Board of Agriculture, to have much to do with the lamented Governor. I have always found him one of the kindest of gentlemen; always ready and willing to advance the interests of the State, and particularly in the prosecution of the geological survey of the State, affording every facility at his command for that purpose. Whatever may be said of Governor Willard as a partisan, all will agree that he was a warm-hearted man, always ready and willing to oblige a friend, even to his own inconvenience; and I most heartily join in this tribute of respect to our late Governor.

Mr. RAY said: Mr. President-I can not feel excused from adding my tribute to this testimonial of the Senate to the late Governor Willard, although I am not prepared with those biographical data which would render a review of the life and services of the deceased, of interest to the Senate. It is in vain, Mr. President, to seek by resolutions of the Senate to supply the void created in the councils of the State, or in the family circle by his death. His career was brilliant, and he left the stage of action young-he was born with great talent, and grasped the laurel of success early in life-fortune attended his efforts, and his political life was uninterrupted by any of those reverses which too often attend political aspirations. Many of the Senators knew him-earlier and longer than I, and are better prepared to speak of his acts and qualities than I am; but I may be permitted to say of the deceased, that as a lawyer and advocate great excellence attended his early efforts-establishing for himself an enviable reputation for ingenuity, eloquence and fidelity to clients. In the Forum of debate, whether the subject was law, or politics, whether it required logic, pathos or invective, he came up to the highest standard of popular demand. Asa politician, he was a partisan in the most emphatic and exalted sense of that term-he was,however,liberal and courteous to political adversaries in official and social intercourse, while in political debate invective was his ready weapon, and mercy was reserved for his friends. As a political speaker his forte was to concentrate and generalize the current, floating thoughts and sentiments of the people, which in time rendered him the idol of his party in Indiana, and commanded for him a National reputation for eloquence, tact and statesmanship.

As a political leader his characteristic traits were intrepidity of soul, native sagacity, iron will and alacrity in serving his cause-he readily seized and tenaciously maintained the strong positions of a controversy, and with dexterity and power assailed the weak ones. As Governor, in the discharge of his official duty he was the constant victim of the struggling demands of stern duty on the one hand, and appeals to the sympathies of a lenient heart on the other. A good judge of men and measures, he rarely made a political mistake, and when attacked, was always equal to the occasion.

With a tongue of inspiration, and a heart full of patriotism and the love of his race, no orator of this country could so electrify the masses of the people by the flashes and torrents of a sweeping eloquence ; and in times of high political excitement his gallant bearing and clarion tones never left it doubtful where his party stood. As a friend he was devoted and unselfish, frank and warm in his attachments, his bosom never harbored envy, jealousy, duplicity or revenge. He commenced his career in the valley of humble life-poor, but proud and ambitious, he leaped from crag to crag, from chasm to chasm, scaled hill after hill, until he reached the mountain top. He never forgot the path that he traveled, nor the friends that smiled on his early struggles. But death, that sets his seal alike on individuals and nations, upon kingdoms and crowns, upon the creations of man and the forms of nature, laid his cold hands upon him, and he was clay. He has passed from this living generation of men, and from the perilous crisis that threatens the destruction of the Union he loved so well.

Mr. ANTHONY. Mr. President, I feel that there is great propriety in my saying something responsive to the resolution just offered.

My early and intimate aquaintance with Governor Willard, as he moved in the social and political relations of life, enables me to add my tribute, in proof of the many qualities ot head and heart, which so endeared him to his numerous friends.

When yet a school boy, I well remember the hour he first placed his foot upon Indiana page: 27[View Page 27]Switch to Image ModeCLOSE Page 27 soil, in the place of my residence, in the district I now have the honor to represent upon this floor. He was then a young and unpretending man, poor and friendless, wandering from his native hearth-stone in search of both health and fortune.

Bold and self-reliant, and with a will which nothing could intimidate, he settled in the midst of men great in wealth, eminent in the profession of which he was a member, and prominent and learned in the politics of the State and nation, but in the brilliant charge of his genius, sustained by his earnest and persistent energy, wealth lost its precedence, learning its prestige, and political eminence its distinction, and A. P. Willard rapidly seized upon social and professional prominence, and in politics became the idol and leader of his party.

In the year 1850, Mr. Willard was elected by an unprecedented majority, to represent in the other end of this Capitol the same county I represent here, and as such representative he was able and industrious, and by his power and excellence as a forensic debater, out-ranked his cotemporaries, and returned to his home with his record endorsed by his party friends. From that time forward, he did not tarry a moment in the race for political distinction; he swept past his plodding rivals one by one, until his fame as a politician culminated in the victory he won in the able and hard-fought contest of 1856. which victory placed him at the early age of thirty-five in the position of Chief Executive of the State of Indiana, the office he held at the time of his death. As a partizan, Governor Willard was uncompromising; he never asked nor gave a point, but as a man he was noble, frank and generous ; in the relations of friendship he was never charged with infidelity, and in his domestic ties exhibited the noblest traits of the human race.

Mr. LINE: Before putting these resolutions to a vote of the Senate, I will say that I only knew Gov. Willard as a politician. These resolutions have been presented unexpectedly to those Senators who knew Governor Willard, and I will take this occasion to move that those Senators who have addressed us on the subject, be requested to write out their remarks, that they may be published.

Mr. RAY and Mr. SHIELDS seconded the resolutions, each in a short eulogy upon the life and character of the deceased.

Mr. DEHART sends the following to the Reporter's desk:

Mr. President: Although I never enjoyed the acquaintance of our deceased Governor, yet his name and actions as a citizen, orator and politician, are familiar. Zealous as a leader, eloquent as an orator, kind, warm and generous as a friend, he has left a monument in the affections of the people of Indiana.

The resolutions were adopted unanimously.

The Senate adjourned till Monday morning

HOUSE OF REPRESENTATIVES.

The House met at 9 o'clock.

THE GOVERNOR'S MESSAGE.

The SPEAKER laid before the House the message of His Excellency Governor Hammond.

Mr. McLEAN moved that it lie on, the table, and that 500 copies be printed for the use of members of the House.

Mr. HEFFREN suggested to include the accompanying documents; which was accepted, and so the resolution was agreed to.

On motion of Mr. BRUCKER, it was ordered that 200 copies of the Message be printed in the German language.

Mr. JONES, of Vermillion, asked and obtained leave to withdraw the report of the Committee on Stationery.

NEWSPAPERS.

The SPEAKER stated that in the order of unfinished business was the consideration of Mr. Robbins' resolution to order newspapers.

Mr. HEFFREN moved to refer it to a select committee of five.

Mr. ROBBINS preferred to adopt the resolution without the intervention of a committee, that members might have the papers immediately.

Mr. HEFFREN. The very reason he moved to refer it to a committee was that, Monday they will have their report ready for action, and it may be adopted at once. Without a committee, two or three days were commonly spent in talking over the matter, and it usually wound up in taking all the newspapers. He would also add o his motion, that the committee inquire as to the terms on which the newspapers will be delivered.

NORTHERN PENITENTIARY.

The SPEAKER announced the select Committee on the Northern Penitentiary, namely, Messrs. Jenkinson, Bingham, Heffren, Burgess, Breck, McLean and Haworthseven instead of five,by request of Mr. Jenkinson.

DOCUMENTS.

Mr. HEFFREN submitted a resolution, which was adopted, directing the Doorkeeper to obtain from the Secretary of State all the Documents published by law for general distribution, and lay the pro rata share of each member on the desk of the same.

JOINT CONVENTION FOR THE GOVERNOR'S INAUGURATION.

Mr. VEATCH submitted a resolution, which was adopted, inviting the Senate into joint convention with the House of Representatives in this Hall, next Monday at 2 o'clock p. m., far the purpose of comparing the election returns of Governor and Lieut. Governor.

POSTAGE.

Mr. FRAZIER submitted a resolution, which was adopted, directing the Doorkeeper page: 28[View Page 28]Switch to Image ModeCLOSE Page 28to cause three dollars worth of postage stamps to be placed in the possession of each member of this House.

Mr. WILLIAMS made an ineffectual motion to take up the Governor's Message, to enable him to move to refer its consideration to a committee of the Whole House next Tuesday, at 2 o'clock P. M.

BILLS INTRODUCED.

By Mr. CAMERON. (H. R. 3,) To amend the 15th section of the act of 1859 to fix the times of holding the Common Pleas Courts in the several counties of this State, &c., so as to provide for the holding of the Common Pleas Court in the county of Newton:

By Mr. McLEAN. (H. R. 4,) To amend sections 70 and 91 of the act to provide for the valuation and assessment of real and personal property in the State of Indiana; for the election of township assessors, and prescribing the duties of assessors, appraisers of real property, collectors, county treasurers and auditors, and the Treasurer and Auditor of State; approved June 21, 1852:

By Mr. JENKINSON. (II. R, 5,) To repeal the power of the Board of County Commissioners in the assessment and collection of taxes:

By Mr. ROBERTS. (H. R. 6.) To amend section 1 of the act to provide for the election of Electors for President and Vice President of the United States. Approved May 20, 1852:

By Mr. WOODHULL. (H. R. 7,) To amend the 13th section of the act defining misdemeanors, and prescribing punishment therefor; approved June 14, 1852:

By Mr. NEBEKER. (H. R. 8,) To provide for the allowance of the clerks of the Circuit and Common Pleas Courts, and the Sheriffs of the several counties for extra services, and repeal all laws inconsistent therewith:

By Mr. EDSON. (H. R. 9,) To amend section 148 of the act providing for the settlement of decedents' estates, prescribing the rights, liabilities and duties of officers and other persons connected with the management thereof, and the heirs thereto. &c.; approved June 17, 1852:

Which were severally read the first time, and ordered to the second reading.

STATE OF THE UNION.

Mr. JENKINSON submitted the following, (Joint Resolution No. 2,) and asked for its consideration:

WHEREAS, The steamer Star of the West, bearing the Stars and stripes of our common country, and freighted with a reinforcement cf men and supplies for the relief of the gallant Anderson, at Fort Sumter, when in the peaceful pursuit of her object, has been fired into by a mob of lawless men at Morris Island, in the State of South Carolina.

SEC. 1. Be it resolved by the General Assembly of the State of Indiana, That our Senators in Congress be instructed, and our Representatives be requested to vote such supplies, both of men and money, and give the Executive Department of the General Government full power to arrest and punish the traitors that, with fratricidal hand, have dared to strike the flag of our glorious Union.

The SPEAKER decided that the joint resolution must go to the Committee of Thirteen.

Mr. JENKINSON said he desired our members of Congress to know how the State of Indiana stands on this question; that they should know it at once; that the first telegraphie dispatches hence should show that Indiana was all right. The man that strikes our flag should be struck himself. This resolution did not belong to the Committee of Thirteen. It was not a resolution for pacification-not a measure of peace, but of self-preservation and self-defence.

Mr. PROSSER would suggest to the gentle man whether it would not be better that his joint resolution lie over till the Committee of Thirteen shall report. As it was desirable get along peacefully in this matter, the better plan would be not to strike first. The gentleman's view were not in accordance with the good book. He suported the decision of the Chair.

Mr. NEBEKER. With all due respect for the gentleman from Brown, I call him to order. The matter is to be referred without debate.

Mr. PROSSER was through, but had been in order on the point taken by the Speaker.

Mr. JENKINSON was not a Christian as he could wish to be; felt that if a man struck him, he must strike back; must resent an insult wherever given, even if it were in the Court of Heaven itself. All speech and language were futile, idle, in such a case as this. Let our action show to the world that we stand by the flag of our country, and that the man who strikes at it does so at his peril. His sympathies were with his friends at the South, but not with those who wanted to re-open the slave trade, and to make direct trade with Europe.

Mr. HEFFREN did not think this a measure of peace. It was to get up a fight, and he did not want to fight. He had enough of that in the other Hall the last session. [Laughter.]

Mr. JENKINSON. The act he would punish was not war; it was the act of a mob.

The SPEAKER. The Chair decides that the matter goes to the Committee of Thirteen.

Mr. NEBEKER. Then it should go there without debate.

GAVIN AND HORD'S STATUTES.

Mr. HEFFREN. Understanding the Chair yesterday to state that the Doorkeeper had not been able to supply the House with the Revised Statutes, he submitted a resolution, which was adopted, for a committee of five to confer with Gavin and Hord, and ascertain upon what terms the first volume of their statutes can be furnished.

BILLS INTRODUCED.

By Mr. KENDRICK. [H. R. 10.] Authorizing county libraries to loan certain funds, and regulating the same:

By Mr. WILLIAMS. (H. R. ll.] Providing for rebuilding and repairing division fences along the lines of railroads:

page: 29[View Page 29]Switch to Image ModeCLOSE Page 29

By Mr. HOLCOMB. [H. R. 12.] To amend the third section of the act to establish the Court of Common Pleas, defining its jurisdiction and providing for the compensation of the judges thereof:

By Mr. Speaker ALLEN, (Mr. Sherman in the Chair.) [H. R. 13.] Making provision for the refunding of license money illegally collected under the act approved June 15. 1852:

By Mr. PACKARD. [H. R. 14.] To amend section 1 of the act concerning interest on money :

By Mr. HOPKINS.[H. R.15.] To amend section two of the act concerning the organization of voluntary associations, and repealing former laws in reference thereto; approved February 12, 1855:

By Mr. BLACK. [H.R. 16.] To provide for refunding saline funds to persons who have erroneously paid the same to the treasurer of such funds :

Which were severally read the first time, and passed to the second reading.

STATIONERY, ETC.

Mr. JONES, of Vermillion, from the select Committee on Stationery, returned their report, setting forth that they had appointed James A. Bell, of Vermillion county, clerk of the stationery room, with instruction to procure and dispense. 2. He is to open an account with each member and clerk of the House, and charge him with his orders. 3. He shall not furnish stationery, &c., to any but members and clerk. 4. He is to make a full report at the end of the session.

On motion by Mr. PROSSER, the report was concurred in.

GERMAN NEWSPAPERS.

Mr. SHERMAN submitted an order that the Doorkeeper subscribe for two German newspapers, to he enveloped and placed on the desk of each member.

On motion of Mr. HEFFREN, it was referred to the Select Committee on Newspapers.

The SPEAKER announced the Select Committee on Newspapers, viz : Messrs. Robbins, Sherman, Trier and Fraley; and

The Committee to procure Gavin & Hord's Statutes, viz : Messrs. Heffren, Burgess, Jenkinson, Grover and Prosser.

On motion by Mr. SHERMAN, it was ordered that when the House adjourns, it shall be till Monday.[A message from the Senate by Mr. Secretary Tyner, announced that that body had accepted the invitation for the joint convention of Inauguration next Monday, at 2 o'clock.]

On motion by Mr. WILSON, it was ordered that the stated hours for the meeting of this House shall be 9 o'clock A. M., and 2 o'clock P. M.

The House then adjourned.

IN SENATE.

Mr. TARKINGTON presented a resolution adopted by a large meeting of his constituents, instructing their Senator and Representative in the State Legislature, if the present national difficulties be not settled before the adjournment of the General Assembly, to use their utmost endeavors to procure the passage of a law suspending the collection of debts by sale of property for one year; which was read and referred to the Committee on Finance.

Mr. HULL presented a petition from certain citizens of Ripley and Dearborn counties, praying that the road law be so amended as to give county commissioners power to decide upon the width of roads in their localities ; which was read and referred to the Committee on Roads.

STATE DEBT AND NORTHERN STATE PRISON.

Mr. JONES offered a resolution, which was adopted by consent, authorizing the printing of 200 copies each of the Report of the Directors of the Northern State Prison, and of the Commissioners appointed at the last session to examine and adjust the suspended debt of the State.

ASSISTANCE TO AGRICULTURAL SOCIETIES.

Mr. MURRAY offered a resolution, which was referred to the Committee on Agriculture, enquiring into the expediency of that Committee reporting a law conferring power upon county boards to assist Agricultural Societies in purchasing Fair Grounds.

STANDING COMMITTEES OF THE SENATE.

Mr. ANTHONY offered the following, which was adopted:

Resolved, That the following be the Standing Committees for the Senate during the present session:

• Committee on Judiciary -Messrs. March, Conner, Newcomb, Cravens, Miller, Mellett, Claypool, De Hart, Slack, Ray, Cobb, Wolf and Studabaker.
• Committee on Finance -Messrs, Wagner, Cravens, Steele, Blair, Tarkington, Shoemaker and Hamilton.
• Committee on Organization of Courts -Messrs. Conner, De Hart, Claypool, Dickinson, Bay, Wolf and Cobb.
• Committee on Elections -Messrs. White, Grubbs, Berry, Turner, Landers, Shoulders and Line.
• Committee on Federal Relations -Messrs. Cravens, Wagner, Newcomb, March, Beeson, Steele, Kay, Wolf, Tarkington and Line.
• Committee on Education -Messrs. Miller, Anthony, Craven, Stone, Blair, Shoemaker, Tarkington, Odell and Line.
• Committee on Corporations -Messrs. Craven, Beeson, Conner, White, Carnahan, Johnson and Shields.
• Committee on Military Affairs -Messrs. Murray, Steele, Wagner, Cravens, Carnahan, Shoulders and Lomax.
• Committee on Roads -Messrs. Hull, Beeson, Stone, Robinson, Williams, Odell and Jones.
• On, Canals and Internal Improvements -Messrs. Campbell, Steele, Conner, Bearss, Williams, Wilson and Hamilton.
• Committee on the Affairs of the Town of Indianapolis -Messrs. Bobbins, Newcomb, Blair, Line and Cobb.
• Committee on Claims -Messrs. Mellett, Robinson, Stone, Dickinson, Carnahan. Johnson and Jones.
• Committee on State Prison -Messrs. Bearss, Anthony, Teegarden, Mellett, Culver, Murray, Tarkington, Slack, Line, Wolf and Cobb.
• Committee on Expenditures -Messrs. Blair, Turner, Claypool, Campbell, Ferguson, O'Brien and Lomax.
• Committee on Banks -Messrs. Steele, March, Claypool, Bearss, Conley, Hamilton and Landers.
• Committee on Manufactures -Messrs. Robinson, Beeson, Hull, Shoemaker and Johnson.
• Committee on Agriculture -Messrs. Beeson, Culver, Campbell, Murray, Bearss, Williams, Shoulders, Johnson and Lomax.
• Committee on Unfinished Business -Messrs. Stone, White, Bobbins, Grubbs, Ferguson, Hamilton, and O'Brien.
• Committee on Benevolent Institutions -Messrs. Teegarden, Newcomb, Cravens, Dickinson, Bobbins, Hamilton, Line, Tarkington, and Conley.
• Committee on Swamp Lands -Messrs. Turner, De Hart, Miller, Conner, Odell, Wilson, and Shoulders.
• Committee on Temperance -Messrs. Dickinson, Culver, Hull, White, Johnson, Shields, and Shoulders.
• Committee on County and Township Business -Messrs. Culver, Campbell, Anthony, Murray, Shoemaker, and Line.
• Committee on Phraseology and Arrangement of Bills -Messrs. Claypool, March, Turner, O'Brien, and Jones.
• Committee on Printing -Messrs. De Hart, Culver, Murray, Mellet, Wolf, Ray and Cobb.
• Committee on Enrolled Bills -Messrs. Berry, Stone, Blair, Ferguson, and O'Brien.
• Committee on Rights and Privileges -Messrs. Grubbs, Dickinson, De Hart, Studabaker, and Line.

JOINT COMMITTEES.

• Committee on Public Buildings -Messrs. Newcomb, Miller, Hull, Line, and Lnnders.
• Committee on State Library -Messrs Anthony, Teegarden, White, Cravens, Shoemaker, Hamilton and Conley.

On motion by Mr. LINE, 200 copies of the standing committees were ordered printed for the use of the Senate.

OFFICERS' REPORTS.

Mr. TARKINGTON offered a resolution, which was adopted by consent, directing that any reports of officers, for 1859, be laid on the tables of Senators.

BILLS INTRODUCED.

The following new propositions were passed the first reading without objection :

By Mr. CONLEY: [S. 15.] To amend an act to revise, simplify and abridge the rules, practice and pleading in courts, approved June 18, 1852; increasing the length of stay in the collection of debts to double the length of time that it is now.

By Mr. JONES: [S. 16.] Requiring township assessors to ascertain the number of sheep killed or injured by dogs.

By Mr. WILSON: [S. 17.] Allowing prosecuting attorneys ten percent, upon all moneys collected upon forced connoisance.

By Mr. CONNER: [S. 18.] To amend sec. 315 of an act to revise, simplify and abridge the rules, practice, pleadings and forms in civil causes; making publication thirty days before the first day of the term sufficient.

By Mr. CLAYPOOL: [S. 19.] To amend sec. 3 of an act to provide for the protection of wild game, approved February 26, 1857; by inserting "March" and "November" instead of "April " and " October.'

By Mr. CRAVENS: [S. 20.] Supplemental to an act to regulate and license the sale of spirituous, vinous, malt and other intoxicating liquors, approved March 5, 1859; provides that whenever persons applying for license shall be aggrieved, they may apply to the Circuit Court, or may demand a trial by jury without appeal.

By Mr. DICKINSON: [S. 21.] To apportion Senators and Representatives for the next six years.

By Mr. MURRAY: [S. 22.] Requiring the collection of moneys due for license for the sale of intoxicating liquors by taxation of the property in which such liquors are vended; adding the moneys so received to the common school fund.

By Mr. HULL: [S. 23.] To amend sec. 70 of an act for the valuation and assessment of real and personal property, for the collection of taxes, &c., approved June 21, 1852; so as to require the assessor to make out his lists " before the first day of March or the March session of the Commissioners' Court," instead of the " first day of June," as the statute now provides.

[A message from the House was received announcing the passage by that body of a resolution inviting the Senate to a joint convention for the purpose of electing a United States Senator, on Wednesday next at 2 o'clock, P. M.]

By Mr. LINE : [S. 24 ] To amend section 6 of an act for the encouragement of agriculture, approved June 17, 1852; so that the meetings of the State Board shall be on the " first Tuesday after the first Monday in January," instead of "the first Thursday after the first Monday."

By Mr. DICKINSON: [S. 25.] Authorizing justices of the peace, judges of courts and mayors of towns and cities to administer oaths generally; and making legal, oaths heretofore administered by such officers.

By Mr. SHOEMAKER: [S. 26.] Supplementary to an act concerning the re-location of county seats in certain cases, approved December 22, 1858, so as to legalize and confirm the action of Boards of Commissioners in cases when public property has been conveyed under the provisions of such act, and to provide for the conveyance of the asylum for the poor, in certain cases, and to provide also that certain trustees shall be created bodies politic and corporate.

By Mr. LOMAX: [S. 27.] To enable persons objecting to the location, vacation, or changing of highways, to remonstrate against the same.

NEWSPAPERS FOR MEMBERS.

Mr. MURRAY, by leave, from the Select Committee appointed for that purpose, made a report recommending the Senate to subscribe for three copies of the Daily Sentinel and the Daily Journal two copies of each to be enveloped and stamped.

Mr. LINE moved that the Senate concur in the report of the Committee.

Mr. MARCH. Will the chairman of the Committee inform the Senate the price asked for those papers?

Mr. MURRAY. I have consulted with the proprietors, and they propose letting us have the papers for five cents a copy-two to be page: 31[View Page 31]Switch to Image ModeCLOSE Page 31stamped the same price at which they were furnished last session.

Mr. COBB moved to amend the report by including The Volksblatt and Indiana American.

Mr. NEWCOMB moved to amend the amendment by including the Free Press.

Mr. COBB accepted the amendment.

Mr. JOHNSON moved to amend the amendment by striking out the words "three copies" and inserting the words "one copy."After remarks by Messrs. Johnson, Murray, March, Turner, Hamilton, Mellett and Line-

Mr.JOHNSON'S amendment was rejected.

Mr. NEWCOMB moved to amend the amendment by allowing each member to subscribe for three copies of any paper he may choose.

On motion of Mr. ANTHONY, all amendments were laid on the table-yeas 25; noes 16.

Mr. CONNER moved to amend the report of the committee by adding the words "also one copy of a newspaper of each of the several counties of the State having the largest circulation, provided that no paper shall have the sanction of the Senate which does not take a high stand for the Union now and forever."

Mr. STEELE. If would ask if that resolution, having reference to the Union, should not go to the Committee on Federal Relations. [Laughter.]

On motion of Mr. COBB, it was laid on the table-yeas 38, nays 8.

Mr. NEWCOMB offered in lieu of the committee report, a resolution providing that each member of the Senate be authorized to subscribe for any number of newspapers printed in Indianapolis, not exceeding live copies per day, at a rate not exceeding the price paid at the last session.

Mr. JOHNSON moved to amend by inserting in the proper place the words at their own expense." [Laughter.]

On motion by Mr. CONLEY-yeas 22, nays 18-the amendments were laid on the table.

[A message from the House was received, announcing the passage by that body of a, resolution inviting the President of the United States elect to visit this Legislature, when on his way to Washington: and. authorizing the appointment of a committee of seven on the part of the House, and six on the part of the Senate, to escort him thither from the State line.]

Mr. MARCH moved to amend the report of the committee, by providing that the papers are to be furnished at the same price at which they are furnished to individual subscribers, adding the cost of stamps.

Mr. CONLEY moved to amend the amendment, by providing that the Doorkeeper shall con tract for two copies for each member of the Daily Sentinel and the Daily Journal one copy to be enveloped and stamped.

On motion of Mr. MELLETT this amendment to the amendment was laid on the table.

Mr. COBB made an ineffectual motion-yeas 9, nays 32-to lay the amendment on the table.

Mr. LINE demanded the previous question.

The call was seconded by 28 Senators.

The main question being ordered-

Mr. March's amendment was agreed to, and the report of the committee as amended was concurred in.

Mr. CONNER. I move to reconsider the vote just taken. As a Senator upon this floor it is my desire to take a course in legislation that shall have an eye to rigid economy. The expense of the State for newspapers and postage is something like four or five thousand dollars. Now certainly any step which involves an expenditure even to that extent is of sufficient importance to require us to stop and think before we act The question will be sprung upon us in a few days as to what number of copies we will take of the BREVIER LEGISLATIVE REPORTS, which is a record of the proceedings of this body, and nothing else. It will be urged that we should take that because it is a very important thing, and in order to give the country a full report of our proceedings. Now I desire to state in this connection that I have no hostility to the press of Indianapolis. It is proper that the leading papers of the State should have reporters, that they may report the proceedings which takes place in this Senate Chamber, in view of the increased circulation given to their papers by so doing. There are about 5,000 voters in HIT district, and suppose we take two or three copies of these papers, I beg to know what benefit it will be to the country when you can hope to send but one newspaper to one man in 25 or 30 ? I desire to say barely this much, to indicate why I was opposed to taking any of these papers.

Mr. MURRAY. I am satisfied the action of this body amounts to a refusal to take the papers. We will have the whole question up again when the Doorkeeper comes to make his report, for the Journal and Sentinel proprietors are not going to let us have their papers on these terms. 1 ask gentlemen who object to taking these papers on the score of economy, to look to expenses in other quarters and see whether they can not save money without sacrificing the proposition to enlighten our constituents concerning our action here. We employ a great deal of help for our officers and we have bills printed for our own use; all this without any practical benefit to the people. We hold a majority in both branches of the Legislature, and we will be held responsible for everything passed ; I do not want to keep the people in darkness; I want to let them know what we are doing. I tell gentlemen that information must be imparted to our constituents. I might go on and say that we are expending thousands of dollars every sesson for the printing of our Journals and Reports of benevolent institutions for no prac page: 32[View Page 32]Switch to Image ModeCLOSE Page 32tical benefit. Let gentlemen curtail these expenditures.

Mr. WAGNER. I am in favor of taking the papers and sending them to my constituents, but I want them to pay for it, for I won't do it. I do not get money enough to afford it. I hold the opinion that we should have a reporter upon this floor of our own and pay him for the amount of his work according to any other man who works for money ; and that he shall furnish a report free to any papers that will publish it. These matters must be reported; these newspapers can not afford to print and report for nothing, and we can not pay all these papers for the same thing. 1 shall introduce a resolution at the proper time appointing a committee to get up such an arrangement.

Mr. CONNER withdrew his motion to reconsider.

SENATE BILLS ON THE SECOND READING.

The following bills, introduced Saturday, were read the second time and severally disposed of as recited:

Mr. Conley's [S. 6.] to repeal the act, approved March 7, 1857, authorizing the formation of new counties and the change of county boundaries. Referred to a select committee consisting of Senators Conley, Steele, Anthony, Johnson, and White.

Mr. Newcomb's [S. 7.] supplementary to an act concerning real property, and the alienation thereof, approved May 6, 1852.

Mr. NEWCOMB recited the objects of his bill, as recited in these report where it was introduced ; and the bill was ordered engrossed for the third reading.

Mr. Line's [S. 8] to amend the liquor law of March 5, 1859. Referred to the Committee on Temperance.

Mr. Claypool's [S. 9] limiting the jurisdiction of Justices of the Peace to the county. Referred to the Judiciary Committee.

Mr. Lomax's [S. 10] to amend the School Law. Referred to the Committee on Education.

Mr. Conner's [S. 11] repealing the law giving possession to the purchaser of a tax title before the deed is executed, being read-

Mr. COBB. I certainly object to the passage of this bill. The act of 1852, in my opinion, is correct. In order to enforce the payment of the money and interest, it is necessary to have a clause like the one in the present statute. It drives the owner of the land sold for the payment of taxes very quickly to redeem it. If you allow the owner of the land sold for taxes to keep possession, there is no inducement for him to redeem his land before the two years is up.

The bill was ordered engrossed for a third reading.

Mr. Craven's [S. 12,] requiring that appraisers shall be appointed from the county in which the land is situate, being read-

Mr. CRAVEN explained the provisions of his bill, and on his motion it was ordered engrossed for the third reading.

Mr. Lomax's [S. 13] providing that the ' township trustee shall hold his office for two years instead of one. Referred to the Committee on Education.

Mr. Carnahan's [S. 14] to amend the ac providing for the settlement of decedents' estates. Referred to the Judiciary Committee.

A MESSAGE FROM THE HOUSE

Was received, announcing the passage of a resolution by that body providing for the appointment of a Joint Committee to wait on the Governor and Lieutenant Governor elect, to ascertain what time it will suit their conveyence to take the oath of office.

ELECTION OF U. S. SENATOR.

On motion of Mr. BLAIR, the House resolution, providing for a Joint Convention elect a Senator next Wednesday, at 2 o'clock was taken up and concurred in.

VISIT OF THE PRESIDENT ELECT.

The House resolution, inviting the Hon. Abraham Lincoln to visit this Legislature on his way to the Capital of the United State was then taken up and concurred in.

THE GOVERNOR AND LT. GOVERNOR ELECT.

The House resolution, appointing a Committee to wait on the Governor and Lieutenant Governor to ascertain at what time it would suit their convenience to receive their oath of office, being read-

Mr. WAGNER. I think the House is actting premature, and my object in rising is to move to lay the message and resolution on the table. his Senate has no legal knowledge that this is the fact, and until we have the knowledge, I am not in favor of passing the resolution. It may or may not be so. The probabilities are it is so. The law provides I that we shall go into the Hall of the House to ascertain whether it is so or not. It is a perfect farce to go and count the votes after we shall have resolved that it is so. I move to lay the resolution on the table.

The motion, was agreed to.

HALL PRIVILEGES.

Mr. TURNER; by leave, offered a resolution granting the privilege of free access to the floor to James Sutherland and J. A. Berry, compilers of a Biography of Indiana Statesmen.

OFFICIAL REPORTER-STATIONERY.

Mr. WAGNER, by leave, offered a resolution instructing the Committee on Finance to inquire into the expediency of providing by law for the furnishing of stationery for the use of the General Assembly, and report by bill or otherwise ; also, some plan by which a reporter may be employed to report proceedings.

Mr. CONNER. In order to prevent a conflict of duties, I move to strike out the words page: 33[View Page 33]Switch to Image ModeCLOSE Page 33 "Committee on Finance," and insert the words "special committee on stationery."

Mr. WAGNER, I wish to state that my object is not a temporary one. This is a different matter; it is to be a permanent, thing for all future legislatures ; to be placed upon the statute books until the law may be changed. So these matters do not conflict.

Mr. CONNER withdrew his motion.

The resolution was adopted.

And then-

On motion the Senate took a recess till '2 o'clock.

AFTERNOON SESSION.

Mr. LINE, by leave, offered a resolution, which was adopted, authorizing the appointment of a committee of five to inquire into the expediency of amending the Constitution of the State.

The PRESIDENT makes the committee to consist of Senators Line, March, Ray, Claypool and Ferguson.

A MESSAGE FROM THE HOUSE

Was received, inviting the Senate to repair to the Representatives' Hall instanter, to witness the canvassing of votes cast at the October election for Governor and Lieutenant Governor of the State.

The invitation was accepted, and Senators accordingly immediately left the Hall.

AFTER THE RETURN OF THE SENATE

LIEUT. GOVERNOR, Oliver P. Morton, took his seat as the presiding officer, ex officio, of the Senate.

And then-

On motion, the Senate adjourned.

HOUSE OF REPRESENTATIVES.

The House met at O'clock.

Mr. ORR submitted a resolveion, which wae adopted, that a committee of two be appointed to act with a similar committee appointed on the part ot the Senate, to wait upon His Excellency, Henry S. Lane, Governor elect of the State of Indiana, and His Excellency O. P. Morton, the Lieutenant Governor elect, and inform them of their election, and ascertain when it will be convenient for them to rake their oath of office.

The SPEAKER appointed Messrs. Orr and Jenkinson as said Committee on the part of the House.

ELECTION OF U. S. SENATOR.

Mr. BUNDY submitted a resolution, which was adopted, proposing to the Senate a Joint Convention next Wednesday, at 2 a'clock, for the election of a Senatar of the United States in the place of the Hon. G. N. Fitch, whose term expires on the 4th af March next.

STATE OF THE UNION,

Mr. PITTS submitted a joint resolution, (3)which was referred to the Committee of Thirteen, declaring that Indiana spurns with just indignation the charge that she ever had, either now or heretofore, any legislative enactment, constitutional or otherwise, the intent or effect of which is or was, either directly or indirectly, to impede, obstruct, hinder or retard the rendition of fugitives from service or labor, when "claimed" under the act of Congress of 1798 or I860, commonly known as the Fugitive Slave Law.

2. That Indiana is now, as ever, loyal to the Constitution ; that she views with regret the passage by Massachusetts and other Northern States, and the continuance thereof on their statute books, of so-called Personal Liberty Bills; that she is opposed to the spirit of all such laws, and demands their speedy and unconditional repeal, as well as that of all other laws nullifying any of the provisions of the Constitution, either North or South.

3. That the Fugitive Slave Law should be so amended or modified as to make the fee allowed to the Commissioner equal in all cases, and to allow the Marshal to call the posse comitatus only in those cases where there is an apparent or manifest intent to prevent the apprehension of the fugitive, or to rescue the same.

4. That a copy be sent to the Governors of the slave States, including South Carolina and Mississippi.

REPORTERS.

Mr. BOYDSTON submitted a resolution, which was adopted by consent, authorizing seats within the bar for all reporters for the newspaper press.

HONOR TO THE PRESIDENT ELECT OF THE U.S.

Mr. CAMERON submitted a joint resolution, inviting the President elect of the United States to visit the Legislature of the State of Indiana, on his way to the Federal Capital; that a Joint Committee of seven on the part of the House, and six on the part of the Senate, be appointed to inform him of this invitation, and if he accept, meet him at the State border, and escort him to the Capital.

Mr. ORR would prefer that the committee consist of eighteen for the House and sixteen for the Senate-making one for each State in the Republic. But he did not insist upon the amendment.

Mr. PROSSER demanded the yeas and nays, and there was a second. Under ordinary circumstances he would not object, to the adoption of such a resolution, but he considered it was manifestly improper now.

Mr. ORR hoped the State of Indiana was not ashamed'to invite the President to her capital under any circumstances. He supposed she looked upon him as a statesman and a patriot, and desires to show him the respect which such qualities command.

Mr. HEFFREN had seen by the Cincinnati Gazette, that Mr. Lincoln desires to go quietly page: 34[View Page 34]Switch to Image ModeCLOSE Page 34to the capital; and since the country was apprehensive of excitement about the inauguration, and he did not want to see the State of Indiana do anything to embarrass him.

Mr. CAMERON. We were not take newspaper reports to regulate our action. The resolution proposed an expression not improper at this or any other time. It was simply to indicate that Indiana was loyal to the Union; that Indiana means to support the government, whether it be in Democratic or Republican hands.

The resolution was adopted-yeas 67, nays 16.

STATE OF THE UNION.

Mr. UNDERWOOD submitted a preamble and resolutions, three, which were referred to the Committee of Thirteen, rehearsing that,

Whereas, in view of the conduct of many persons in the States of Georgia, South Carolina, Alabama, and Florida, extendig to the adoption of resolutions proclaiming the dissolution of the Union of these States, and to the seizure of the Postoffices, Custom-houses, vessels, forts, and arsenals within those States belonging to the General Government, and to the firing a vessel of the United States-thus placing themselves in a position of open rebellion against the Government-committing thereby the grave crime of treason against, and seeking the overthrow of the nation-a government founded by freemen and sealed with their blood, and which for 84 years has been the hope of the civilized world-now sought to be destroyed for the unholy purpose of slavery extension; therefore-

Be it Resolved, &c., That the entire power and resources of the State of Indiana are pledged, (whenever demanded, in thick subordination to the civil authority of the States,) for the maintainance and perpetuation of our glorious Union.

2. That the Union loving citizens of the Southern States, who labor with devoted courage and patriotism to prevent so great a calamity as dissolution are entitled to the gratitude of all the lovers of the Union.

3. That the Governor transmit a copy to the President, the State Governors, and our Senators and Representatives in Congress.

PUBLIC ARMS.

Mr. MOODY submitted a resolution, which was adopted by consent, calling upon the Quarter-Master General to inform the House what arms there on hand belonging to the State, and what arms have been distributed during the last five years, and to what counties, also whether, &c.

SWAMP LAND FUND.

Mr. FEAGLER submitted a resolution, which was adopted, for the appointed of a committe of seven to inquire into the condition of the Swamp Land Fund, how the same have been expended, &c.

Mr. Thomas proposed to amend by adding a requistion that the Clerk lay on the table each member a copy of the report of the Joint Committee on Swamp Lands to the last Legislature.

Mr. BRANHAM proposed to amend so as: that instead of creating a select commitoee, the matter of the resolution be referred to the Committee on Swamp Lands. If we revise special committees, and take the business cut of the hands of the standing committees and give it to them, we duplicate the work. Not only have we not men enough to proceed in this way, but, it will cost the State twice much.

Mr. MOODY was as much in favor of investigation as any other member, but he was opposed to the raising of special committees for such purposes. He knew something of the difficulty and expense of such an investigation from the committee raised to years ago. The standing committee to be appointed by the Chair, would be able to so direct the investigation as to accomplish all the gentleman desires, without this endless expense of special committees.

Mr. Branham's amendment was accepted, and the resolution adopted by consent.

Mr. Heffren introduced a bill, [H. R. 17.] regulating the Public Printing of the State of Indiana, providing for letting the same to the lowest bidder, also for the purchase of paper from the lowest bidder, &c.; which was passed to the second reading.

Mr. WOODHULL submitted several resolutions, [J. R. No. 4.] which go to the Committee of Thirteen under the order of last Friday, declaring-

1. That, as the Constiution of the United States affords the most perfect government ever formed by man, we will oppose with firmness every violation of its provisions, or alteration of its parts, except in that way provided i by the instrument itself.

2. That Indiana recommends to every State, in that spirit of fraternal feeling which should govern the people of a common country, to repeal any and all laws that may be found to contravene any provision of the Constitution of the General Government, or which mny conflict with any law of Congress made in accordance with said Constitution, and she stands pledged to strike from her statute books any such laws, if they should be found therein.

3. That we recognize no conflicting elements in its composition, nor sufficient cause from any source, for a dissolution of the government; that the Congress of the United States is not authorized to destroy, but to sustain and harmonize the institutions of the country, and to see that equal justice is done to all parts of the same; and that it is the duty of the Congress and the President to maintain, support and perpetuate the government upon terms of justice and equality to all the States, and to use all the power conferred upon them for the securing of that end.