BREVIER LEGISLATIVE REPORTS
BY ARIEL & W. H. DRAPIER
Vol. IV INDIANAPOLIS, MARCH 12, 1861 No. 22
Mr. WOLFE, from the Committee on Organization of Courts returned Senator Wagner's bill 270 recommending that it lay on the table.
Mr. WAGNER opposed concurrence in the report and urged the passage of his bill.
Mr. WOLFE sustained his report.
Mr. TURNER hoped the report would not be concurred in.
Mr. WAGNER again obtained the floor-
And then came the recess till 2 o'clock.
AFTERNOON SESSION.
Mr. JOHNSON introduced a bill [277] to amend sections 54 and 66 of an act dividing the State into counties, &c., approved June 7, 1852, defining the boundaries of Morgan and Putnam counties ; which was read and passed to the second reading.
[A message from the House invited the Senate to a joint Convention instanter. The invitation was accepted and accordingly Senators vacted the chamber for the purpose of repairing to the Hall of the House. When the Senate returned-]
On motion by Mr. JOHNSON-the rules were suspended-yeas 36, nays 8-his bill [277], was read the second time by title only; and on his further motion the bill was read the third time and finally passed by yeas 27, nays 18.
ELECTION OF ASYLUM OFFICERS.
Mr. BLAIR introduced a concurrent resolution [similar in form to the one printed on page 53 of these reports] providing for the election at once of two trustees for the Asylum for the Blind, two trustees for the Institution of the Deaf and Dumb, two commissioners for the Hospital of the Insane, and a President for said several boards of commissioners.
The resolution was adopted.
On motion by Mr. BLAIR the election of a President was declared to be the first in order.
Mr. NEWCOMB nominated for that office Andrew Wallace, of Marion county.
There being no other nomination, the roll was called with the following result:
- Andrew Wallace received.........26 votes.
- W. H.Talbott received ......... 7 votes.
- George K. Steele received ......... 3 votes.
The PRESIDENT. Mr. Wallace has received a majority of all the votes cast.
On motion by Mr. BLAIR, the Senate proceeded to an election for a trustee of the Blind Asylum.
Mr. WHITE nominated John Beard, of Montgomery county.
Mr. SLACK nominated Harvey G. Hazlerig, the present incumbent.
- John Beard received...............28 votes.
- Harvey G. Hazelrig received............17 votes
The PRESIDENT. Mr. Beard has received a majority of all the votes cast by the Senate.
The PRESIDENT announced nominations for another trustee for the Institution of the Blind to be in order.
Mr. CLAYPOOL nominated Wm. M. Smith, of Fayette county.
Mr. SLACK nominated Michael Fitzgibbon, of Marion county, the present incumbent.
- Wm. M. Smith received...............26 votes.
- Michael Fitzgibbon received...............20 votes.
The PRESIDENT. Mr. Smith has received a majority of all the votes cast by the Senate.
On motion by Mr. BLAIR, the Senate proceeded to the election of the other officers in the order named in the resolution.
Mr. NEWCOMB nominated as a trustee for the Deaf and Dumb Asylum, James C. Burt, of Jennings county.
Mr. SLACK nominated Dr. John M. Kitchen.
- James C. Burt received..............27 votes.
- John M. Kitchen received .............19 votes
The PRESIDENT. Mr. Burt has received a majority of all the votes cast by the Senate.
Mr. NEWCOMB nominated John M. Kitchen.
Mr. SLACK nominated Thos. L. Woollen, of Johnson county.
- John M. Kitchen received ............35 votes,
- Thos. L. Woollen received ...........11 votes.
The PRESIDENT. Mr. Kitchen has received a majority of the votes cast by the Senate.
[The Senate will now proceed to make nominations for Commissioners of the Insane Asylum.]
Mr. TARKINGTON nominated E. J. Peck.
Mr. NEWCOMB nominated Dr. Patrick H. Jameson, of Marion county.
page: 340[View Page 340]- Patrick H. Jameson received......25 votes.
- E. J. Peck received..................22 votes.
The PRESIDENT. Dr. Jameson has received a majority of the votes cast by the Senate.
Mr. CONNER nominated Dr. John W. Moody of Decatur.
Mr. SLACK nominated Henry Brady of Marion county, the present incumbent.
- John W. Moody received.........25 votes.
- Henry Brady received...............22 votes
The PRESIDENT. Dr. Moody has received a majority of the votes cast by the Senate. The election is over.
THE STATE PRISONS.
Mr. WHITE introduced a bill [278] to make appropriations for carrying on the work of the Northern State Prison, to provide the manner of completing the same, and prescribing the powers and duties of the Board of Directors in relation thereto.
He made an ineffectual motion-yeas 27, nays 17-two-thirds not voting in the affirmative, to suspend the rules that the bill may be read a second time now.
Mr. BEARSS asked leave to submit a report from the State Prison Committee.
Senators Slack, Wolfe and Tarkington, members of the Committee, objected, each in a few remarks.
Senators Mellett and Hamilton, also members of the Committee, desired that the report should be presented now.
Mr. WAGNER demanded the previous question, and the demand being seconded by 27 Senators, the rules were suspended and the report received.
Mr. WAGNER moved to lay the report on the table without reading, and print 500 copies.
Mr. TARKINGTON made an ineffectual motion to lay this motion on the table.
Mr. TARKINGTON moved to include the evidence in the printing order.
On motion, by Mr. BEARSS-yeas 25, nays 22-this motion was laid on the table.
Mr. SLACK made an ineffectual motion to postpone this subject until a minority report can be made-probably to-morrow.
On motion, by Mr. BEARSS-yeas 25, nays 20-this motion was laid on the table.
Mr. 'HAMILTON made an ineffectual demand for the previous question-yeas 255 nays 20.
Mr. TARKINGTON moved to amend the motion to lay on the table and print, as follows: "That it is to the interest of Indiana that the Northern Prison be abandoned, and that the contractors be paid according to contract fer the-work already done."
On motion by Mr. BEARSS-yeas 28, nays 19-this amendment was laid on the table.
Mr. BEARSS demanded the previous question, the demand was seconded by yeas 28, nays 18, and the motion to lay on the table and print was agreed to by yeas 81, nays 14.
Mr. COBB moved to suspend the order of business in order to enable him to introduce a motion that 500 copies of the evidence be printed with the report taken by the Committee.
On motion by Mr. CLAYPOOL, this motion was laid on the table.
BILLS ON THE THIRD READING.
Senator Carnahan's bill [153] for the relief of Catharine P. Whittlesly, was read the third time and finally passed by yeas 45, nays 0.
Senator Ferguson's bill [109]-see page 159 was read the third time [he said its effect was to reach deaf and dumb persons whose infirmity render them incapable of conducting their own affairs], and finally passed by yeas 38, nays 5.
Senator Carnahan's bill 164-described on page 208 of these Reports-was read the third time and finally passed by yeas 42, nays 2.
Senator Newcomb's bill 170-see page 212 of these Reports-was read the third time, and finally passed by yeas -, nays -.
Senator Claypool's bill [150]-see page 194 of these Reports-was read the third time [he said the purpose of the bill was to save costs to the public treasury, &c.,] and finally passed by yeas 34, nays 3.
Senator Miller's bill 142-see page 185 of these Reports-was read the third time.
Mr. MILLER. The bill authorizes the Trustees of the Indiana University to appropriate $1,000 for the enlargement of the University Library ; $5,000 for the improvement of University Square in Indianapolis whenever a like amount is subscribed by the citizens; makes the State Geologist a member of the faculty, and authorizes the State Librarian to send to the University library copies of all books in the State Library of which there are duplicates.
On motion by Mr. TARKINGTON the 2d section, having reference to the improvement of University Square in Indianapolis, was stricken out by consent.
The bill finally passed: yeas 28, nays 8.
Senator Conley's bill 112-see page 163 of these Reports-was read the third time and finally passed by yeas 27, nays 7.Senator Cobb's bill 199-see page 243-was I read the third time.
Mr. COBB. Where the words "his or her real estate"; is used in the law of 1859, I add the words " personal property." That is the only amendment.
The bill finally passed: yeas 27. nays 8.
Mr. CAMPBELL offered the following :
Resolved, That the Finance Committee be instructed to inquire into the expediency of amending the revenue law so as to defer the collection of taxes from March till the first of June of the present year.
Which was adopted by consent.
BREVIER LEGISLATIVE REPORTS, LAWS, AND JOURNALS.
Mr. LINE offered the following :
page: 341[View Page 341]Resolved, That the Secretary of State, be, and he is hereby authorized to procure, and have bound in sheep, at the earliest day possible, one copy each of the Journals of the Senate and the House of Representatives, one copy of the Documentary Journal, and one copy of the laws passed at the present Session; also one copy of the BREVIER LELISLATIVE REPORTS of the present session, for each Senator and elected officer of the Senate, and to forward the same to their post-office address.
After discussion, the resolution was adopted.
And then came a recess till 7 1/2 o'clock.
NIGHT SESSION.
The PRESIDENT announced the special order for this hour to be the consideration of the minority report of the Committee on Federal Relations, identical with the joint resolution ]S. 4]-see pages 44 and 45 of the BREVIER LEGISLATIVE REPORTS.
Mr. TURNER moved to indefinitely postpone the consideration of the report.
Mr. SHIELDS demanded a call of the Senate.
Pending the call-
Mr. DICKINSON, from the Committee on Organization of Courts, returned Senator Ray's bill 247-see page 289 of these Reports-recommending that it lie on the table.
Mr. BEESON, from the Committee on Agriculture, returned Mr. Conner's bill 200-see page 243-recommending passage.
The Secretary reported a quorum present, and on motion by Mr. LINE, further proceedings under the call were dispensed with.
Mr, TURNER then withdrew his motion.
Mr. LINE moved to make this subject the special order for Saturday morning, at 10 o'clock.
Mr. STUDABAKER proposed "Friday."Mr. MARCH proposed "Monday."
The yeas and nays were demanded on the motion to postpone till Monday; and they were ordered.
Pending the roll call-
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
TUESDAY, March 5,1861.Mr. GROVER said he desired to introduce two bills to amend the assessment act, so as to make it conform to the new school bill, if it should pass; and he obtained leave to introduce them, viz :
A bill [341] to amend the 103d section of the assessment act of, June 21, 1852, amended in section one of the act of March 5, 1859: and
A bill [342] to amend section 124 of the assessment act: which were passed to the second reading.
Mr. McCLURG: [343] Authorizing county commissioners to levy a tax [not exceeding 25 cents on the $100] in certain cases, for the completion of local improvement, and defining how the same shall be collected and disbursed and on his motion, (the rules and constitutional provision being suspended for the purpose,) it was read twice, and referred to a select committee-Messrs. McClurg, Black and Brett.
Mr. BRYANT: [344] To provide for the payment of witnesses and sheriff fees in criminal cases : which was passed the first reading.
Mr. CAMERON obtained leave to submit a concurrent resolution, which was adopted, that the General Assembly go into a joint convention in the Hall of the House of Representatives at 2 o'clock this day, for the purpose of going into an election of two Sinking Fund Commissioners.
Mr. VEATCH, from, the Committee on the Judiciary, returned Mr. Shoemaker's bill [S. 26] supplemental to the act *to provide for the re-location of county seats &c., of December 23, 1859, so as to provide that the trustees created by the act to which this is a supplement shall constitute bodies politic, with an amendment adding:
SEC. 6. Each and every organization effected under the provisions of this act shall take the name and style of --- Academy.
Which amendment was ordered to be engrossed.
Mr. JONES of Tippecanoe, from the Committee on the Organization of Courts, returned Mr. Prow's resolution, for allowing excutors and administrators to sue before a justice of the peace, and reported that the existing statutes are sufficient: which was concurred in.
Mr. GRESHAM, from the Committee on Military Affairs, returned his bill to authorize the Governor to obtain possession of all government arms and military equipments belonging to the State, recomending its passage.
Mr. DAVIS proposed to amend by inserting: " within the last 12 years." He did not want the old, no account arms.
Mr. BLACK, said he had had the care of a stand of arms for the last 18 years, and that they were still in good order.
On motion of Mr. GRESHAM, the amendment was laid on the table-yeas 54, nays 23, and the bill was ordered to be engrossed. On his further motion, the bill was considered as engrossed and passed the third reading-yeas 57, nays 29.
Mr. Hurd had leave of absence-sick.
Mr. PROW, from the Committee on Roads, returned Mr. Ferguson's fence bill [55] with an amendment by way of substitute, entitled a bill [345] for the erection of swinging gates across county and township roads, where such roads cross streams of water large enough to ferry, but where no ferry is kept; and providing a penalty for leaving such gates open: which was passed to the second reading.
Mr. WELLS, from the Committee on Roads, returned Mr. Anderson's bill [141] to amend the supervisors' act, recommending legislation inexpedient: which was concurred in.
He also returned Mr. Bundy's road bills page: 342[View Page 342] [267, 271] recommending passage: and they were ordered to be engrossed.
Mr. BRETT, from the Committee on County and Township Business, returned the committee's assessment bill [262] recommending passage. It was ordered to be engrossed.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Speaker Allen's Louisville and St. Louis bill [326], recommending its passage. It was ordered to be engrossed.
On motion of Mr. PARRRTT, it was considered as engrossed.
Mr. GRESHAM explained the bill. The change of name was to make it intelligible to European capitalists, whose money was expected to build the road principally.
The publication clause was stricken out, by unanimous consent, and so the bill was passed the third reading: yeas 86, nays 1.
Mr. STOTSENBERG made an ineffectual motion to dispense with the order of business, and take up the General Appropriation bill.
APPORTIONMENT OF REPRESENTATION.
Mr. CAMERON, from the Select Committee hereon, obtained leave to return his apportionment bill [285], which he did, with an amendment, by way of new matter.
Mr. HEFFREN proposed to amend the amendment reported, by striking out all after the enacting clause, and inserting new matter.
Mr. STOTSENBERG moved to postpone the consideration of the bill (the first amendment), till Thursday. He wanted time to examine it.
Mr. BUNDY. That would be to defeat it.
Mr. DAVIS. Saw great injustice in the bill-giving too much to Jefferson county, &c.
Mr. SMITH complained of injustice to Bartholomew county.
Mr. McLEAN objected to the apportionment allowing but one representative to Vigo county.
Mr. STOTSENBERG was willing to say, 9 o'clock to-morrow.
Mr. FRASIER proposed 3 o'clock to day.
Mr. CAMERON moved to lay the motions to postpone on the table ; which was agreed to : yeas 55, nays 35.
Mr. STOTSENBERG moved to lay the whole subject on the table.
Mr. CAMERON demanded a division of the question. The first branch of the motion, to lay the substitute on the table, was agreed to: yeas 55, nays 36-and the second branch was rejected: yeas 32, nays 60.
Mr. GRESHAM proposed to amend, by giving Jefferson two members and Jefferson and Scott one; which was agreed to.
Mr. CAMERON now demanded the previous question.
Mr. HEFFREN demanded a call of the House; but the House refused to order the call: yeas 33, nays 55.
Mr. HEFFREN objected to the demand for the previous question, and demanded the yeas and nays on the second; which being ordered and taken, resulted-yeas 57, nays 35: so there was a second to the previous question Pending the ordering of the main question : "shall the report of the Select Committee be concurred in, and their amendment adopted ?"
Mr. HEFFREN moved that the House adjourn [recess].
Mr. DOBBINS demanded the yeas and nays.
Mr. VEATCH made the Constitutional point, that on a motion to adjourn it requires one-tenth of the members present to second the demand for the yeas and nays.
Mr. DOBBINS demanded the yeas and nays on ordering the main question, which being ordered and taken resulted : yeas 58, nays 2.
The SPEAKER, before announcing this vote said : After the highly conservative and eminently national document emanating yesterday from the President of the United States, the Chair was sorry so soon to see that secession had taken place in this hall.
Mr. HEFFREN asked unanimous consent that the bill be postponed till 3 o'clock. He wanted an opportunity to look over it.
Mr. GRESHAM. Will the gentleman agree to vote then, without bolting ?
Mr. HEFFREN. I will not: because I know nothing of the bill. But I will say to the gentlemen, that I doubt whether the bill can pass unless we have opportunity to examine it.
The SPEAKER. Certain members not voting being now in their places, the clerk will call the roll again.
Mr. HEFFREN (Mr. Prosser joining him), appealed in writing, That it was not competent for the chair to make this order to repeat the roll.
On motion by Mr. GRESHAM, the appeal was laid on the table-yeas 58, nays 12.
The vote was now again taken-yeas 56, nays 2-no quorum voting.
Mr. CAMERON asked leave to withdraw the demand for the previous question, but the House refused.
Mr. MOODY demanded a call of the House, which proceeded, showing 87 members present.
Mr. MOODY moved that further proceedings in the call be dispensed with.
Mr. FORD. Seeing no farther use for Democratic members here, I move that we retire-adjourn. (It was 12 noon, and he left.)
Mr. HORTON demanded the yeas and nays, which resulted-yeas 56, nays 33 : so proceedings in the call were dispensed with.
AFTERNOON SESSION.
Mr. CAMERON had leave now to withdraw his demand for the previous question; and on his further motion, the consideration of the report and bill was postponed and made the special order for to-morrow morning, 9 o'clock.
Mr. BUNDY submitted a resolution, inviting Senators forthwith to the joint Contention for this hour, to choose two Commissioners of the Sinking Fund in the place of Commissioners Parks and Bemusdaffer.
page: 343[View Page 343]On the motion of Mr. STOTSRNBERG, the order was dispensed with, and the General Appropriation bill was taken up and considered on the second reading, passed the second reading, and referred to the Committee on Ways and Means.
IN JOINT CONVENTION---SINKING FUND
COMMIS
SIONERS.
The PRESIDENT of the Senate called the Convention to order, read the act of 1859, under which the election is held, and called for nominations.
Mr. HEFFREN. The elections were to fill the places to be vacated by Mr. Parks and Mr. Bemusdaffer. He nominated Joseph B. Bemusdaffer, of Decatur county.
Mr. FRASIER nominated Isaac Jenkinson, of Allen county.
The vote proceeded vive voce, and it was reported---
- For Jenkinson.........................82 votes.
- For Bemusdaffer......................54 votes.
Isaac Jenkinson, of the county of Allen, having received a majority, was declared by the President to be elected a Commissioner of the Sinking Fund, to serve four years.
The PRESIDENT then called for nomination, to fill the other vacancy in the Board.
Mr. HEFFREN nominated Parmenter M. Parks, of Morgan county.
Mr. Senator STONE nominated Nathaniel Kemp, of Randolph county,
The vote was reported---
- For Kemp..............................82 votes.
- For Parks............ ..................54 votes.
The PRESIDENT. Nathaniel Kemp, of Randolph county having received a majority of all the votes cast, I declare him to be duly elected---to serve for four years.
The Convention having completed the object for which it was called, Senators will now retire to their chamber.
THE MILITIA.
The SPEAKER announced the special order, viz: the consideration of Mr. Gresham's military bill (105)-the question being on the engrossement of the bill as it was reported.
Mr. HEFFREN made an ineffectual motion to take up the consideration of bills on the 3d reading.
Mr. KNOWLTON proposed to concur in the reported bill with an amendment, striking out after the enacting clause, and inserting new matter. He said his amendment had been submitted to the best military minds in Indianapolis, and approved by them. The committee's bill was imperfect in many particulars. It provides for the election or appointment of officers whose salaries, and the cost of administration under them would be excessive. It provides also that the Governor shall prescribe rules and regulations of the militia. He considered the Legislature capable of proscribing these rules, and that was their duty also.
His amendment was read. It is based on the present law, of June 14, 1852, repealing sections 3 to 20 inclusive thereof, and "providing for a more perfect organization of the Indiana Miltitia for military fund and its disbursement "for punishing failures and negligence of duty in the service, and for matters properly connected therewith."
Mr. CAMERON demanded the previous question, and there was a second-the main question being on the adoption of Mr. Knowlton's amendment, the vote was reported-yeas 29, nays 62.
The next question under the previous question was on concurring in the report of the Military Committee and adopting their amendment.
[A message from the Senate announced the concurrent vote in that body, for President of the Board of Trustees and two trustees for each of the Benevolent Institutions-under the appointment of a concurrent resolution before reported from that body.]
Mr. HEFFREN inquired whether negroes, Indians, and mulattoes were to be included in the "State troops" of the second section, which were to be "composed of such citizens or residents of the State over the age of eighteen years," &c. ?
Several voices"No." "order."
Mr. STOTSENBERG, (pro forma,) had too much regard for his Republican friends to help them to pass this bill, by which they would kill themselves. The bill required amendments which could not be applied under the restraints of the previous question.
The vote stood: yeas 54, nays 38, as follows:
YEAS-Messrs. Bingham, Boydston, Branham, Brucker, Bryan, Bundy, Burgess, Cameron, Cason, Collins of Whitley, Cram, Dashiel, Epperson, Erwin, Feagler, Ferguson, Fisher, Fordyce, Fraley Frazier, Gore, Gresham, Grover, Haworth, Henricks, Hopkins, Hudson, Jones of Tippecanoe, Jones of Vermillion, Jones of, Wayne, Kendrick, Lee, Lightner, Moody, Moorman, Nebeker, Newman, Orr, Parrett, Ragan, Randall, Sherman, Sloan, Smith of Miami, Thomas, Turner, Underwood, Veatch, Wells, Williams, Wilson, Woodhull, Woods, and Mr. Speaker-54.
NAYS-Messrs. Atkinson, Black, Brett, Campbell, Collins of Adams, Cooprider, Davis, Dobbins, Fleming, Ford, Gifford, Hayes, Heffren, Holcomb, Horton, Howard, Jenkinson, Kitchen, Knowlton, Lods, Lane, McClurg, McLean, Moss, Mutz, Owens, Packard, Pitts, Polk, Prosser, Prow, Bobbins, Roberts, Smith of Bartholomew, Stevenson, Stotsenberg, Trier, and Warrum-38.
So the amendment of the committee was adopted; and then the bill as amended was ordered to be engrossed, and read the third time: yeas 53, nays 36.
The bill was read the third time.
Mr. CAMERON demanded the previous question, and the vote stood : yeas 56, nays 10-2 present and refusing to vote : so the bill passed, having the following title, viz.:
An act for the organization of the Indiana Militia, prescribing duties of certain officers, for punishing failures, refusals, and negligences in connection with the service, and for the repeal of all existing laws having reference to said militia.
page: 344[View Page 344]Mr. STOTSENBERG proposed to amend the title, by substituting these words: 'An act making provision for the complete route of the Republican party at the next and all succeeding popular elections," &c.; which was ruled out.
And then the House adjourned.
IN SENATE.
WEDNESDAY, March 6,1861.Mr. MURRAY moved that the reading of the journal be dispensed with.
Mr. SLACK and others objecting The yeas and nays were demanded, and being ordered and taken resulted: yeas 24, nays 12.
So the motion was agreed to.
BREVIER LEGISLATIVE REPORTS.
The PRESIDENT laid before the Senate a communication from the Doorkeeper, as follows:
SENATE CHAMBER, March 5,1861.
To the Hon. John R. Cravens, President of the Senate of Indiana:
SIR:-I have the honor to announce to the Senate that, in accordance with its resolution of yesterday, I have contracted with Messrs. ARIEL and W. H. DRAPIER for 600 copies of the BREVIER LEGISLATIVE REPORTS for the use of the Senate.
Very Respectfully, S. G. THOMPSON, Doorkeeper of the Senate.
PETITIONS, MEMORIALS, ETC.
By Mr. WOLFE: From about 100 citizens of Harrison county, without respect to party, praying for an adjustment of our national troubles upon the basis of the Crittenden amendments, or some other basis equally fair and honorable; which was referred to the Committee on Federal Relations under the rules.
REPORTS FROM COMMITTEES
Were made and concurred in as follows:
- By Mr. CRAVEN: Finance-returning Senator Dickinson's bill 168-see page 212 of these Reports-recommending indefinite postponement.
- By Mr. CLAYPOOL: Judiciary-returning a select committee's bill 250-see page 294 of these Reports-recommending passage with amendments giving lien on crops to owners of the land to secure rent.
Mr. SLACK and Mr. SHIELDS objected to concurrence in the committee report, and Mr. CLAYPOOL sustained the recommendation of the committee.
Mr. MURRAY demanded the previous question, and the demand being seconded-yeas 27, nays 13-the committee report was concurred in by yeas 29, nays 15.
On motion by Mr. CARNAHAN-yeas 28, nays 14-the bill was considered as engrossed and read the third time.
Mr. LANDERS considered the provisions of this bill were both proper and right.
Mr. JOHNSON. The practical operations of this law would oppress the poor man.
Mr. CARNAHAN. The present law has never been of advantage to any class of men but lawyers. The people of his county demand such a bill as this, and he hoped it would pass.
Mr. COBB. Such a law ought not to pass. The rich farmer ought to take his chance with the poor creditor of his tenant. He believed the principle of this bill wrong, and should vote against it.
Mr. BEARSS was in favor of the bill, believing it to be the best thing that could be proposed for both parties-landlord as well as tenant.
Mr. HAMILTON thought this bill just. He demanded the previous question, and the demand was seconded by yeas 32, nays 12.
The bill finally passed by yeas 31, nays 12.
On motion by Mr. WAGNER, the bill [H. R. 325] to raise a revenue for State purposes for the years 1861-2, was read the third time, and finally passed by yeas 39, nays 2.
By Mr. CLAYPOOL: Finance-returning a copy of his bill 121-see pages 163 and 294 of these Reports[the original was lost, but this copy was substituted, by consent], recommending passage with amendments.
On motion by Mr. TARKINGTON, the committee's report was concurred in, the bill considered as engrossed, and put upon its passage.
The bill finally passed-yeas 27, nays 15.
By Mr. SHIELDS: Corporations-returning Senator Wolfe's bill 34-see page 46 of these Reports-recommending that it be laid on the table.
Mr. WOLFE. In the limited time of five minutes allotted to discussion, I shall be unable to give my views as fully as I should desire on this subject; and shall therefore only attempt a brief statement of the reasons why I am opposed to concurring in the report to lay this bill on the table. The bill was introduced by myself, and I am satisfied it ought to become the law. It proposes, in the first place, to so change the law that a license shall not be required for the sale of any other than ardent spirits. This, I think, would, be promotive of temperance, by leaving the comparatively harmless beverages, like wine and beer, to free and unrestricted sale, and thereby discourage the use of ardent spirits. If the use of these less hurtful beverages were left free, it would in a few years almost supplant the traffic in ardent spirits. The history of all nations shows that where wines and beer are the prevailing social beverages, drunkenness is much less frequent. I believe it would have the same effect here.
But again : the bill further proposes to lower the price of licenses to twenty dollars. The object of this is to induce all who sell ardent spirits to do so under the restrictions and regulations of the license law, thereby doing away with the "doggery system." My experience satisfies me that much less evil results from the sale by licensed sellers, than by those not licensed; for the reason, that the former are required to execute bond, and are otherwise under restraints not imposed on unlicensed sellers. I submit, if these restrictions are beneficial for those who sell by the gill, it is equally beneficial for those who sell by the quart or larger quantities. For these reasons I am opposed to concurring in the report of the committee to lay the bill on the table.
page: 345[View Page 345]Mr. SHIELDS. It was thought by the committee that the bill would entirely destroy the license law. If this bill was passed, the license law would not be worth four bits.
The report was concurred in, by yeas 28, nays 13, as follows:
YEAS---Messrs. Bearss, Beeson, Berry, Blair, Campbell, Carnahan, Claypool, Conner, Cravens of Jefferson, Culver, Dickinson, Ferguson, Grubb, Hamilton, Jones, March, Mellett, Murray, Newcomb, Odell, Ray, Shields, Stone, Tarkington, Teegarden, Turner, White and Williams-28.
NAYS---Messrs. Anthony, Cobb, Conley, Hull, Johnson, Landers, Line, O'Brien, Slack, Steele, Studabaker, Wilson, and Wolf-13.
By Mr. CONNER: Organization of Courts-returning the bill [H. R. 243] fixing the time of holding courts in the first Judicial Circuit-recommending passage with an amendment, striking out "3," and inserting "4."
On motion by Mr. CONNER, the bill was read the third time and finally passed, by yeas 39, nays 0.
By Mr. CULVER: County and Township Business-returning the bill H. R. 173-see page 183 of these Reports- recommending passage.
Mr. RAY moved to recommit the bill, with instructions to amend, as desired by certain parties in Newton county.
Mr. CULVER. We had the same propositions before the committee.
Mr. MARCH moved to amend by inserting the words "or counties," after the second word "county" in the first section.
On motion by Mr. CULVER, this amendment was laid on the table.
Mr. WAGNER opposed the motion to Recommit, and desired these people should have redress for their grievances.
Mr. CLAYPOOL was in favor of the passage of this bill, upon a principle of justice, although his personal interest would suggest opposition to it.
On motion by Mr. TURNER, the motion to recommit was laid on the. table, by yeas 28, nays 11.
On motion by Mr. TURNER, the bill was read the third time, and finally passed by yeas 27, nays 14.
- By Mr. CULVER: County and Township Business-returning Senator March's bill 241-described on page 272 of these Reports-recommending that it lie on the table.
- By Mr. GRUBB: Rights and Privileges-returning the bill H. R. 139-see page 136-recommending passage.
- By Mr. DEHART: Judiciary-returning the bill H. R. 81-see page 72-recommending passage.
- By Mr. MILLER: Select Committe-returning his resolution-see page 270 of these Reports-recommending the appropriation of a sum sufficient to purchase a large fire-proof and burglar proof safe, or the building of a vault for the State Treasurer not exceeding $1.500; and that this report be referred to the Committee on Finance, that they may make provision therefor in the specific appropriation bill.
- By Mr. JOHNSON: Select Committee-returning Senaator Hamilton's bill [260] for the relief of Wm. Rockhill, recommending passage.
- On Mr. JOHNSON'S motion, the bill was read the third time, and finally passed by yeas 38, nays 6.
- By Mr. MELLETT: From a majority of the joint Committee on apportionment-returning Senator Wagner's bill 269; recommending passage, with an amendment, striking "Howard Co." from the 11th district, and inserting in lieu "Madison;" striking "Madison" from the 6th, and inserting "Howard."
- By Mr. STUDABAKER; From a minority of the same Committee - Congressional Apportionment returning, Senator Murray's bill 276, recommending passage.
Mr. MELLETT made an ineffectual demand-yeas 22, nays 21-for the previous question.
Mr. MURRAY. We are not going to be gagged in that kind of style. We want some consideration of this question. I am perfectly willing when I understand a measure to vote either one way or the other, but am opposed to taking snap judgment in this kind of style.
Mr. STUDABAKER. The bill submitted by the minority is a fair bill. The bill of the majority is not. In the southeastern part of the State it makes a district 100 miles in length-almost the entire width of the southern part of the State.
Mr. CONNER moved to concur in the majority report by striking out " Madison county" from the XIth District, and inserting in lieu thereof "Howard county."
Mr. LANDERS. I had hoped the Republicans would give us a bill that would be fair and honorable; and I say to them now they had better do it.
Mr. NEWCOMB. I am opposed to the amendment. Ten years ago the Democrats had the power in the Legislature, and they used it.
Mr. CLAYPOOL. I do not think there is any use of whipping the devil round the stump. We are in the majority, and I am for putting the rowels into the Democratic party pretty strong. I know if they had the majority they would make every district in the State Democratic if they could. I have but one objection to the bill-it gives them three Congressional districts where they should have but two. If the gentlemen want to bolt, I say let them bolt. If this thing is to be held over the Legislature, as it has been from the commencement of this Legislature down, let it come, and come quickly. These gentlemen are demanding that we shall legislate according to the will and behests of the minority here. I won't do it. It is useless to bandy words. We have got to come to the point, when the Democracy had the power-the rope around our necks-they used the power and tightened the ropes; now we have the ropes around their necks. We have done all that is just and fair, and I would as soon see it occur to-day as three days hence. I am willing to take the responsibility.
Mr. MELLETT. If we pass this bill at all, it is necessary that it should pass this House to-day. I apprehend we cannot gain anything by making speeches, and I hope the Senate will consent to a direct vote upon the question.
And then the Senate took a recess till two o'clock-affirmative 22, negative 21.
AFTERNOON SESSION.
Mr. MURRAY spoke against the majority report.
Mr. CONNER withdrew his motion.
page: 346[View Page 346]Mr. RAY spoke against the majority report.
Mr. CONLEY offered a substitute.
Mr. WAGNER spoke in favor of the majority report.
On motion of Mr. MURRAY the substitute was laid on the table-yeas 26, nays 17.
Mr. MELLETT made an ineffectual demand for the previous question-yeas 23, nays 22.
Mr. WILLIAMS offered a substitute.
On motion of Mr. CLYPOOL it was laid on the table-yeas 34, nays 22.
Mr. COBB spoke against the majority report.
Mr. MARCH spoke in favor thereof.
Mr. WOLFE spoke against the majority report.
Mr. WILLIAMS. It seems to me we might get along with this matter. Let us postpone it till to-morrow morning at 10 o'clock. I am willing to act fair; I am willing to compromise. Let us make another effort. I would like to see this matter settled. If you had the districts placed in a fair shape, I would have no objections. The amendment presented by the Senator from Greene (Mr. Conley) was drawn up by himself and me, and indeed I did not count how many Democratic or Republican districts it would make. Now let us deliberate over this matter, and I think we might come to some settlement. I therefore make a motion to postpone it till to-morrow.
On motion by Mr. MELLETT-yeas 26, nays 13-the motion was laid on the table.
Mr. TARKINGTON. For the purpose of giving more time for consideration, I move to postpone this question till to-morrow at 2 o'clock.
On motion by Mr. BEARSS-yeas 26, nays 18-this motion was laid on the table.
Mr. MURRAY. While I Intend to vote against this bill, I have do disposition to retard its progress. I therefore move the previous question.
The demand was seconded: yeas 26, nays 17.The majority report was then concurred in, by yeas 23, nays 19.
Mr. MELLETT. I move that the bill be considered as engrossed and read the third time now.
Mr. COBB made an ineffectual motion-yeas 15, nays 26-to lay this motion on the table.
Mr. MELLETT demanded the previous question, and the demand was seconded, by yeas 26, nays 12.
The question being on Mr. Mellett's motion to read the bill a third time now-
The yeas and nays were demanded and being ordered and taken, resulted-yeas 25, nays 5.
The PRESIDENT. There is not a quorum voting.
Mr. WAGNER moved a call of the Senate.
The motion was agreed to.
On motion by Mr. BLAIR the absentees were sent for.
After ten or fifteen minutes-
The PRESIDENT said: I am informed by the Doorkeeper that the Democracy has seceded. Upon the call of the Senate, 30 Senators answered to their names.
Mr. CLAYPOOL. I had just as soon the roll should stand just where it is till this session expires by limitation. I can stand as much hell-fire as any of them can. I can stand as long without the passage of the appropriation bills as they can. I do not rely upon the appropriations of this Legislature for a living. If they want to stop the wheels of government, let them do it. The idea that we are to submit to a minority, certainly is not within the rules of parliamentary law. I am willing to forego any further remarks that I might make.
The PRESIDENT. I would ask if the Doorkeeper found the absentees?
The Assistant Doorkeeper. (From the Doorkeeper's chair at the door.) I saw them pretty nearly all in a batch, and the answer was, "Tell them to go to hell."
Mr. WHITE. I move we don't do that.
The motion was agreed to.
Mr. TARKINGTON. I presume it is understood by Republican Senators that Democratic Senators think this is an erroneous bill, and they ask a proper one. I propose to say, upon the part of Democratic Senators absent, that they will be willing to remain in their seats if we can get one that is anywhere near right. If we could get even the old apportionment of 1852, I believe the Democratic party would abide by it.
Mr. WAGNER. (Interrupting.) Allow me to say, in answer, that a compromise, after breaking a quorum of this Senate, cannot be accepted.
Mr. TARKINGTON. I am willing to say that we are ready to meet any regular Committee for the purpose of getting up a bill that will meet the object of the Republican party, giving them their full share. I would like to see the business of the Senate go on, but I believe no vote I could give, or action of mine would better please my constituents, or the Democratic party of Indiana than to kill this bill in any manner. I have no fears of meeting them and accounting to them at any time and at all times.
Mr. MURRAY. I would like to know how the gentleman can justify his party in bolting, when, if they had staid in their places the bill could not have passed ? Twenty-three is the highest vote that has been cast for it.
Mr. CONNER. The Democrats have broken a quorum, have been waited upon by the Doorkeeper and refuse to return to the Senate chamber, I therefore move to adjourn.
The motion was agreed to.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, March 6, 1861.The journal of yesterday was read.
page: 347[View Page 347]Mr. DAVIS said he was recorded as present and refusing to vote on the final passage of the military bill. He was not within the Hall when his name was called, and moved to amend the journal by striking that part out.
The SPEAKER. The roll-call had proceeded beyond the name of the gentleman from Scott. The gentleman was not in the Hall at the time his name was called in the regular progress of the call; but he came in afterwards, and the Chair seeing him in the Hall, directed the Clerk to call his name. The Chair recollects that the gentleman was going out of the Hall at the time his name was called the second time, and quite probably, as he says, the gentleman did not hear the call.
Mr. DAVIS. Does not the Speaker put the question, "was the gentlemen within the bar when his name was called?" to a member when he desires to vote after the roll is called?
The SPEAKER. The rules require that, when it becomes necessary for the Chair to decide the question officially, it will decide that a member is within the bar when he is within the walls of the Hall.
Mr. CAMERON spoke against the motion to correct the journal, and, for reason, read the following remains of the proceedings of a caucus of Democratic members on this subject last night, viz.:
"Resolved, That we, the Democratic members of the Senate and House of Representatives, do hereby pledge ourselves to each other to bolt if necessary to prevent apportionment and military bills pending in this Legislature.
HEFFREN"
They proposed here, as a body, to break up the Legislature in an unconstitutional manner, and as he conceived, in violation of their oaths. That was the way they were prepared to oppose any measure here which they deem odious-which does not suit them. They do not propose to sit in their places and vote against it. No, but to break up, in a revolutionary way, the highest branch of the government. Sir, our party would not do that. When we are in the minority, we will remain on the floor and vote against odious measures; and when we are beaten, we will appeal to the people for the rectitude of our course. He was not prepared to see the spirit of South Carolina secession exhibited in this Hall. But it did seem that the day had come, when it was to be the rule "for the minority, when beaten, to come up here and attempt to break up the government. When any measure does not suit them, they propose to go home, and leave the wheels of government blocked-lock every office door, and leave the State without a government, exposed to anarchy and confusion. They will allow us to pass such bills as please them. They must be suited, forsooth, or legislation must stop. No doubt the military bill is odious to many individuals, because it rotates them out of office-it takes away from them their titles. It wipes out their colonels, and takes down their brigadier generals, in cases where they know the people of Indiana would never elect them to hold such trusts. This bill provides that the people shall elect their officers.
Mr. PARRETT here made a point of order against the discussion of the military bill.
Mr. CAMERON. Who were the parties here proposing to correct the journal ? Gentlemen came in here, and proposed to change the journal when they were not present in the proceedings, and cannot know whether it is right or wrong. He corroborated the stasement of the Speaker with reference to the presence of the gentleman from Scott. He read another resolution picked up from the table, where it had been left in the Democratic caucus. It might have been the same proposition in the amended form. It was in these words:
Resolved, That we hereby pledge ourselves to abide by the decisions of this caucus, and will most solemnly carry out all its decisions.
Now, when gentlemen come here pledged to break up the legislative branch of the Government, how could they ask it as a matter of courtesy that the journal should be corrected? It was not a question of courtesy. The record was correct. They could not go behind this legislation, and find anything in the journal or in the facts to invalidate it.
Mr. HEFFREN had been amused very much at the sonorous, whangdoodle wail of the gentleman from Porter. The gentleman certainly got up this morning wrong end foremost. With reference to the resolutions picked up from the table of the caucus held last night, " he told the gentleman that those resolutions were unanimously adopted in that caucus. He would tell the gentleman further, that the members in that caucus were here as honorable men; and he would say to the gentleman from Porter, that when he insinuates that I or any Democratic member here upon this floor has been or would be guilty of perjury, he simply tells an untruth.
Mr. CAMERON, [interposing.] I wish that to be taken down.
Mr. HEFFREN. Take it down, sir-
Mr. RAGAN made the point, that the gentleman should be required to address the House in courteous language, as he had violated it once.
The SPEAKER. The Clerk is now reducing to writing the words of the gentleman from Washington and Harrison referred to.
Mr. HEFFREN. Sir, it is strange the gentleman from Putnam can sit here and listen to the beautiful language used by the gentleman from Porter in regard to Democrats here, and when I retaliate in language no more severe, his sensitive nature is touched, and the remarks fall grateingly and harshly upon his ear. I believed the ruling of the Chair was correct in regard to the presence of any member within the walls of the House. But the gentleman from Scott had said that he did not hear the name called. Upon this he considered it better to have the journal cor page: 348[View Page 348]rected. It was but common justice He did not ask it as a courtsey. I scorn it. With reference to the proceedings yesterday, he said the Democratic members would not have bolted, if they had been allowed a chance to examine the bill. They asked only a delay till three o'clock. The gentleman preferred to rise up and place the gag in our mouths. Thirty-seven Democratic members here were told that they would not be heard-were compelled to submit to have their mouths hushed. They were told, as a school-master tells his children-"Take your seats and behave yourselves, and do as you are bid." Sir, when it comes to that I am for revolution, and to meet revolution by revolution. I have met the same issue in the other end of the building; and I say here, that the Democrat who has not backbone enough to stand by his fellow-democrats in such a case,, had better go over to the Republicans and make common cause with them, and claim the name of Democrat no more.
Mr. FRASIER. Was not one hour and a half consumed in reading an amendment.
Mr. HEFFREN. There was an amendment by the gentleman from Cass. He also desired to offer one, and if he could have got it in, he would not have left the Hall as he did, even if it had been voted down. There was no opportunity for discussion, examination or amendment. When we asked for time till 3 o'clock, it was denied.
Mr. WOODHULL. Was there riot a motion to postpone?
Mr. HEFFREN. And nearly every Republican on the floor voted against it and defeated it. He would say to the Chair and his Republican friends: I respect you, and expect to treat you as gentlemen, because it is my duty to do so; common courtsey demands it. We may differ politically-differ on questions in legislation, but we shall not forget what is due to gentlemen. It has been intimated that we are prepared to make opposition to everything that does not suit us. But the fact is we have had an agreement only as to these bills-the apportionment and the militia bills. These we have determined to oppose and do what we may to defeat them in their present shape; and this we will do, though the heavens fall, if we bolt until the last moment. He held that the militia bill had not passed the House as the Constitution requires, but would leave the question to the Courts.
Mr. CAMERON. Does the gentleman mean to accuse me of falsehood?
Mr. HEFFREN. I stated to the House, that I understood the gentleman as stating substantially, that Democratic members here had both failed in their duty and violated their oaths by going outside of the Hall yesterday.
Mr. CAMERON. I said that in my opinion it was a violation of our oath here.
Mr. HEFFREN. That, I said, if insinuated or charged, was an untruth, and I still say so. I repeat it.
Mr. HOLCOMB, (pro forma) said he was in his seat and knew what was done as well as any man, and considered that the journal ought to be corrected.
Mr. CRAIN demanded the previous question, and under its force the motion to correct the journal was rejected-yeas 41, nays 55.
REVENUE BILL.
On motion of Mr. FRASIER, the special order (the apportionment bill) was suspended for the consideration of the revenue bill; whereupon-
Mr. VEATCH, from the Committee on Ways and Means, reported a revenue bill in place of that of Mr. Branham, [325] which has been lost from the files, entitled, a bill [345] in relation to the application of certain funds to the payment of the public debt, and raising a revenue for the support of common schools ; and it was passed to the second reading. It levies two cents on the $100 for 1861, and five cents on the $100 (and fifty cents poll) for 1862, and five years thereafter. It also levies ten cents on the $100, and fifty cents poll for school purposes.
Mr. BRANHAM. It levies two cents on the $100 for 1861, as by the act of 1852. For the purpose of liquidating the State debt, after 1861, it provides five cents on the $100 shall be levied. The Commissioners are directed to pay into the general fund the proceeds of the tax this year under the act of 1852. It also provides 10 cents on the $100 for school purposes, and 50 cents poll tax. And $50,000 a year of the general fund are to be appropriated toward the liquidation of the $303,000 which the State owes to the school fund. The Committee think that this payment had better be made gradually. The balance of their proceeds-all the surplus of the general fond-to be invested by the Commissioners in the bonds of the State of Indiana at the end of each year. The $50,000 to be distributed annually for the support of common schools.
He asked the House to suspend the rules and constitutional provision, and allow the bill to be passed now. The rules were suspended-yeas 90, nays 0; and thereupon the bill passed the second reading. It was then considered as engrossed,"and passed the final reading-yeas 91, nays 1-with an amendment of title proposed by Mr. Veatch, viz: "And to repeal all laws in conflict therewith."
Mr. BRANHAM, from the Committee on Ways and Means, returned the General Appropriation bill [336], with sundry amendments , which were concurred in.
Mr. OWENS suggested that there was nothing in the bill for the completion of the northern prison.
Mr. BRANHAM. We had no data before the committee for making that item. We waited as long as we could for the report of the committee. On his motion, the bill was considered as engrossed.
page: 349[View Page 349]Mr. SHERMAN desired to amend by adding a northern prison item.
Mr. BRANHAM. The only item before the committee to base an appropriation upon was the statement of the Auditor of State of the amount overdrawn by the northern prison, which he presented to the House. The sum is over $13,000.
On motion by Mr. CRAIN, the statement was referred to the Committee on Claims.
Mr. SHERMAN moved that that sum be included in the bill.
Mr. BRANHAM and Mr. CRAIN suggested that the amendment could be as well applied in the Senate, as it might be added to the specific appropriation bill. The Northern Prison Committee had reported there, and 500 copies of their report were ordered to be printed.
Mr. SHERMAN complained that his bill for a specific appropriation to the northern prison had been ignored by the Committee on Ways and Means. He thought this item ought to be in the General Appropriation bill. Not a word of comment had been made in the over draft of twelve or fifteen thousand on account of the Jeffersonville prison.
Mr. BRANHAM explained. The committee had been requested by one of the northern prison men to withhold action, till they should make a proposition to settle the whole question.
Mr. SHERMAN. That proposition was in his bill.
After some conversation between Messrs. Roberts, Branham, Kendrick, and Orr, respecting the $2,000 item for the Governor's House, the bill was passed the third reading : yeas 88, nays 2.
MICHIGAN CITY PRISON.
Mr. BURGESS, from a majority of the Special Committee on the affairs of the Northern State Prison, submitted a report in writing-stating, that it would require about $114,000 to complete the northern prison, and make it sufficient for 300 convicts. Two of the Committee were prepared to recommend an appropriation, and go ahead with the work; the majority dissent. On his motion, the report was laid on the table, and it was ordered that 500 copies thereof be printed.
Mr. WOODS moved ineffectually to take up the bill 294.
On motion of Mr. BUNDY, the Senate's amendment to the interest bill [H. R. 84] "the judgment shall be only . for the principal and interest at six per cent.," &c., was concurred in.
COMMON SCHOOL LAW.
On motion by Mr. GROVER, the school bill [S. 217] the same as the bill of the House No. 61| was taken up; and (the constitutional Provision being suspended for the purpose) it was passed the first and second readings, and Referred to the Committee on Education, with, instructions to report immediately; whereupon-
Mr. GROVER, from said Committee, returned the bill [S. 217] with sundry amendments of the verbiage, and adding the matter with reference to county examiners and city trustees, reported Monday, and concurred in by the House.
The amendments were concurred in.
AFTERNOON SESSION.
Mr. CAMERON asked leave to correct the majority report from the Committee on Apportionment.
Mr. BRETT asked leave to file for copy into the journal a statement by himself and Mr Hays that they had not assented to the report nor seen it, and that examination had been denied to Mr. Hays, &c.
The matter was ruled out.
COMMON SCHOOL LAW.
The House resumed the common school bill, [S. 217] as amended; and it was read through, and further amended in its verbiage.
Mr. SMITH of Bartholomew opposed the bill on the score of the expensiveness of administration under it, speaking in reply to Mr. Heffren.
Mr. CRAIN. It was a great improvement . on the present school law. It proposed to leave the school funds at home; that was a high recommendation.
Mr. VEATCH said we provided this morning for the paying back of those $303,000 which have gone into the general expenses of the State; and we connected the terms of that with this bill in such a manner as to provide for the repayment of that money. Now, if we fail to pass this bill, the old school law will not connect itself with that revenue bill, so as to get that $303,000 back to the people.
Mr. BUNDY demanded the previous question, and under its force, the bill was passed the final reading-yeas 74, nays 20.
On motion by Mr. GROVER, his bills [341, 342] amending the assessment laws were considered and passed the second reading(changing the time of the Treasurer's return of the delinquent list and settlement from the 15th to the 1st of October.)
Mr. PROSSER opposed; and Mr. BRETT supported the proposed change.
The bill No. 341, was passed the final reading-yeas 88, nays 3.
The bill 342 was passed to the third reading.
JEFFERSONVILLE PRISON.
Mr. JONES of Vermillion, from the Committee on the Penitentiary, submitted a written report, recommending an investigation into the demand for reducing the price of convict labor, and an appropriation of $12,000. 2. A regulation prohibiting convicts from being worked outside the prison walls. 3. The purchase of four acres of ground for a prison grave yard. 4. An enlargement of the female department of the prison. 5. A law authorizing a transference of insane convicts to the Insane Asylum
page: 350[View Page 350]Mr. DOBBINS said the body of the report shows the financial operations of the prison since 1856.
On motion of Mr. McLEAN and Mr. BRANHAM, the report was laid on the table and the committee was directed to report a bill in accordance with the recommendations of the report.
On motion of Mr. McLEAN, (the orders and constitutional provision being suspended for the purpose,) the House took up the consideration of the Sinking Fund bill [S. 114] amendatory of the 2d and 5th sections of the act of January 28, 1847, was passed the first and second readings. It was then passed the third reading-yeas 87, nays 0.
TRUSTEES OF THE BENEVOLENT INSTITUTIONS.
On motion of Mr. CAMERON, the concurrent resolution from the Senate for the election of two Trustees each for the several Benevolent institutions, and a President of the several Boards, was taken up and adopted.
The SPEAKER announced order of nominations for President of the Boards.
Mr. McLEAN nominated William H. Talbott, of Marion county.
Mr. KENDRICK nominated Andrew Wallace, of Marion county.
The vote was reported-
- For Wallace...........................57 votes.
- For Talbott............................31 votes
The SPEAKER thereupon declared Andrew Wallace duly elected-so far as the House is concerned.
Mr. McLEAN nominated Edwin J. Peck, the present incumbent, for one of the Commissioners of the Asylum for the Insane.
Mr. KENDRICK nominated Patrick H. Jameison, of the county of Marion.
- Jameison received...................57 votes.
- Peck received ...................29 votes;
So, Patrick H. Jameison was declared elected, so far as the House is concerned.
Mr. McLEAN. For the other Commissioner, I nominate Henry Brady, of Marion.
Mr. GROVER. I nominate John W. Moody, of Decatur county.
- Moody received.......................47 votes.
- Brady received ......................32 votes
So John W. Moody was declared elected, so far as the House is concerned.
Mr. GRESHAM stated that he was now convinced of the wisdom of carrying politics into these elections. He had not participated in the caucus that made these nominations, because he thought the principle wrong-that it would operate injuriously on the institution. He voted for Henry Brady.
Mr. WILSON voted for Brady. It was justice.
The House then adjourned.
IN SENATE.
THURSDAY, March 7,1861.The PRESIDENT called the Senate to order at 9 o'clock.
At 10:20 o'clock, the Senate adjourned till 11 o'clock, when the PRESIDENT again called Senators to order.
At 11:30 o'clock, the call of the Senate, commenced yesterday afternoon, was proceeded with, and the PRESIDENT announced 41 Senators as present.
On motion of Mr. WAGNER, further proceedings in the call were dispensed with.
On motion by Mr. WAGNER, the further consideration of the Congressional Apportionment bill was postponed till to-morrow, at 2 o'clock.
On motion by Mr. WAGNER, the bill [H. R. 336], making general appropriations for the years 1861 and 1862 was taken up, read the first time, the rules suspended-yeas 42, nays 0-the bill read the second time by title only, and referred to the Committee on Finance.
Mr. NEWCOMB submitted instructions to the committee to strike out "$3,000" for contingent fund, and insert "6,000" for this year: $1,000 for the Governor's House this year, and "$4,000" for the contingent fund of 1862 instead of "$3,000."
Mr. ANTHONY submitted instructions to strike out "$14,000," appropriated for the prison south, and insert "$20,000."These instructions were referred to the committee.
On motion by Mr. HAMILTON, the Senate concurred in the House amendment to his bill [107] for the relief of Michael O'Brien.
Mr. WAGNER submitted a communication from Talbott & Costigan, contractors of the northern prison, proposing to surrender their contract in consideration of their being paid $13,574 27 and $5,298 50, which was laid on the table, awaiting the printing of the State Prison Committee's report.
Mr. MELLETT offered a concurrent resolution, rescinding the above contract, and declaring it to be null and void.
Mr. TARKINGTON. The word "fraudulently" is in that resolution, and I move to strike that word out.
Mr. MELLETT. When he strikes that word out of the resolution, he strikes out all that there is in it.
The resolution was laid on the table.
Mr. WAGNER offered a concurrent resolution, accepting the proposition of the contractors, and directing the Committee on Finance to make provision in the appropriation bills for the sums of money-named ; which was also laid on the table.
And then came the recess till 2 o'clock.
AFTERNOON SESSION.
Reports from Committees were made and concurred in as follows:
- By Mr. MELLETT: Judiciary-returning the bill H. R. 129-see page 121 of these Reports-recommending pas-sage.
- By Mr. DE HART: Judiciary-returning the Senate bill [176] regulating the granting of pardons, recommending that it lie on the table.
- By Mr. MARCH: Judiciary-returning his bill [273] recommending passage.
A message from the House, inviting the Senate to a joint convention at two o'clock, for the purpose of electing three Directors of the Northern State Prison and one Director of the Southern State Prison, was received and concurred in.
- By Mr. CULVER: County and Township Business-returning the bill H. R. 76-see page 72 of these Reports-recommending passage.
- By Mr. ODELL: Select Committee-returning his bill 89 establishing Probate Courts, recommending passage.
- By Mr. MILLER: Select Committee-returning the bill H. R. 263-see page 255 of these Reports-recommending that it lie on the table.
- By Mr. NEWCOMB: Select Committee-returning his bill 145-see page 185 of these Reports-recommending passage with amendments.
- By Mr. CLAYPOOL: Finance-returning Senator Newcomb's bill 69-see page 89-recommending passage with amendments.
On motion, by Mr CLAYPOOL, the rules were suspended, the bill read the third time and finally passed by yeas 37, nays 8.
Mr. ANTHONY offered a joint resolution authorizing the State Librarian to make and publish a catalogue of the Indiana State Library for the years 1861-2, and procure the necessary book-binding for said Library; which was rejected by yeas 14, nays 27.
An invitation from the House desiring the attendance of Senators instanter on the joint convention, was accepted and the Senate left the Chamber for that purpose. On the return of Senators-
The bill [H. R. 283] to provide for the payment of the interest on the State debt due January, 1861, was read the third time and finally passed by yeas 43, nays 0.
The bill [H. R. 346] was read the first time, the rules suspended-yeas 46, nays 0-and the bill read the second time by title only.
Mr. NEWCOMB moved to amend by striking out 'five " cents and inserting in lieu thereof "two" cents as the amount of tax to be levied for the years after this year to liquidate the State debt.
The motion was agreed to by yeas 36, nays 10.The bill was referred to the Finance Committee.
Senator Shield's bill 87see page 105 of these Reports-was read the third time.
Mr. SHIELDS. This bill is one that contemplates taking $1,000 out of the Swamp Land Fund of Jackson county. It is well understood there, and will be the means of draining hundreds of acres of swamp lands.
The bill finally passed-yeas 31, nays 14.
Senator Line's bill 54-see pages 69, 171, and 192 of these Reports-was read the third time and finally passed, by yeas 33, nays 14.
Mr. STEELE, from the Committee on Banks, returned the bill H. R. 62, with a report that the committee were unable to agree.
Mr. STEELE said the committee were equally divided. He thought the measure a just one, and hoped it would be passed.
Mr. MELLETT moved to indefinitely post-pone the bill.
Mr. CONNER made an ineffectual motion-yeas 22, nays 26-to lay this motion on the table.
The motion to postpone indefinitely was rejected by yeas 22, nays 22.
On motion by Mr. MARCH-yeas 25, nays 22-the bill was laid on the table.
Senator March's bill 1-see pages 6, 74, and 226 of these Reports-was read the third time.
Mr. MARCH. As originally introduced, this bill embraced State as well as county officers, but afterwards amended so as to include township officers. All that part in relation to State officers has been stricken out. This is simply an embezzlement bill, upon the same principles as the one we have passed.
Mr. CLAYPOOL. If this bill is passed, there ought to be an appropriation for the purchase of safes for every county and township officer in the State. Senators ought to consider before passing this bill. It will create an annoyance and disturbance throughout the whole system.
Mr. WAGNER. The object of this bill is to lock up money all over this State. Our people are sufficiently oppressed with hard times now and such a bill as this should not be passed at this time. I move to indefinitely postpone the bill.
The motion was agreed to, by yeas 25, nays 19.
Mr. WAGNER, from the Committee on Finance, returned the bill H. R. 336 with amendments, appropriating $15,000 for the salary of officers of the State's prison north, and $14,000 for the current expenses of the prison south for the year 1862. Also, making the contingent fund "$5,000" instead of "$1,000," and allowing $1,200 for furniture for the Governor's house.
Mr. TEEGARDEN moved to concur in the committee's report, with an amendment appropriating $50,000 for the purpose of furnishing material to prosecute the work on the northern State prison for the years 1861 and 1862.
On motion by Mr. JOHNSON, this amendment was laid on the table-yeas 30, nays 16.
Mr. TEEGARDEN moved to concur with an amendment appropriating $1,000 for the purpose of procuring wrought iron bedsteads for the Insane Hospital.
This motion was agreed to.
On motion by Mr. WAGNER, the bill was considered as engrossed, and read the third time.
Mr. BEARSS moved to recommit with instructions to amend by striking out u $15,000 " where it occurs as an appropriation for the Northern Prison, and insert "$10,000."
Mr. LANDERS submitted further instructions to strike out all that relates to appropriating money to furnish the Governor's house.
Mr. TURNER moved to lay these motions on the table.
A division of the question being called for-
page: 352[View Page 352]The motion to recommit was laid on the table by yeas 25, nays 14.
Mr. WAGNER demanded the previous question, and the motion being seconded by 30 Senators, the bill finally passed by yeas 30, nays 13.
The Senate took a recess till 7 1/2 o'clock.
NIGHT SESSION.
The bill H. R. 294 was read the first time, the rules suspended-yeas 34, nays 2-read the second time by title only, and ordered engrossed for a third reading to-morrow.
The bill [H. R. 64], to authorize aliens to hold lands in the State of Indiana by purchase or otherwise, was read the third time, and finally passed by yeas 36, nays 1.
On motion by Mr. FERGUSON, the bill [H. R. 236] to revise the act incorporating the Alton, Mount Carmel and N. A. R. R. Co., &c., was read the first time, the rules suspended-yeas 86, nays 1-read the second time by title only, and referred to the Committee on Corporations.
On motion by Mr. WILLIAMS, the bill [H. R. 42], having reference to the sale of a county seminary in Gibson county, was read the third time, and finally passed by yeas 26, nays 10.Senator Stone's bill 194see page 237 of these Reports-was read the third time, and finally passed by yeas 34, nays 4.
The bill H. R. 186 was read the second time and ordered engrossed.
Senator White's Northern Prison bill 278 was read the second time, and referred to the Committee on Finance.
Mr. WAGNER, from the Committee on Finance, returned the bill H. R. 346, in relation to applying certain funds for the liquidation of the State debt, and raising revenue for the support of common schools-recommending passage, with the amendments thereto proposed by Senator Newcomb this afternoon. The report was concurred in, the bill read the third time, and finally passed by yeas 30, nays 11.
On motion by Mr. BEARSS, his bill 249-page 289was read the third time, [he said it makes a change in the law by not requiring a license for pay concerts, exhibitions of statuary or works of art,] and finally passed by yeas 37, nays 4.
On motion by Mr. NEWCOMB, the bill H. R. 133, was read the first time, the rules suspended-yeas 35, nays 7-read the second time by title only, and referred to the Judiciary Committee.
On motion by Mr. TARKINGTON, the proposition of Talbott & Costigan, submitted this forenoon, was taken from the table.
Mr. TARKINGTON moved its reference to the Finance Committee.
Mr. BEARSS moved to refer it to the State Prison Committee.
On motion by Mr. MURRAY, this motion was laid on the table.
It was referred to the Finance Committee.
On motion by Mr. WAGNER, the resolutions were taken up, and took the same reference.
On motion by Mr. ROBINSON, the Bridge bill II. R. 103 was read, and finally passed by yeas 35, nays 4.
Senator Wagners bill 218see page 252 on his motion, was read the third time, and finally passed by yeas 31, nays 8.
On motion by Mr. TEEGARDEN, his bill 120-see page 163 of these Reports-was read the third time, [he said the object of this bill was to enable cities to run their governments without going into debt,] and finally passed by yeas 30, nays 10.Mr. BLAIR, from the Committee on Finance. returned the bill [S. 248], requiring the State printer to furnish paper, &c.. recommending passage. The report was concurred in.
On motion by Mr. DEHART, the bill was read the third time, and finally passed by yeas 33, nays 7.
On motion by Mr. TARKINGTON, his bill [100], to create the 14th judicial circuit, was read the third time.
This bill was rejected by yeas 15, nays 24.
Senator Wagner's Book-Binding bill 172-see page 212 of these Reports-was read the third time, and finally passed by yeas 36, nays 0.
On motion by Mr. MILLER, his bill 237-described on page 272-was read the third time, and finally passed by yeas 35, nays 0.
Senator Cobb's bill 184 (see page 226) was read the third time, and finally passed by yeas 33, nays 1.
And then the Senate adjourned.
HOUSE OF REPRESENTATIVES.
THURSDAY, March 7,1861.On motion of Mr. STOTSENBERG, Mr. Collins, of Whitley, was called to the Chair at 9 o'clock.
Mr. FERGUSON asked, ineffectually, for the consideration of the bill from the Senate [277.]
Mr. KENDRICK submitted a claims petition which was referred without reading.
On motion of Mr. PROSSER, the House took up and concurred in the Senate's amendments to his bill [248], fixing the Courts in the First Circuit.
CORPORATIONS-SPECIAL SCHOOL TAX
Mr. SMITH'S, of Bartholomew, bill [145] to amend the 33d section of the assessment act, of June 21, 1852, [so as to make corporations pay special school tax just as individuals-as Mr. Smith explained-] coming up in the calendar on the third reading, it was finally passed by the House of Representatives-yeas 71, nays 6.
Mr. MUTZ and Mr. HOLCOMB obtained leave of absence-sickness.
BANK DISTRICTS.
Mr. HURD'S bill, [269] supplemental to the page: 353[View Page 353] act to establish a bank with branches, [the bank of the State may alter or re-district any bank district in the State, upon petition of two-thirds of the stockholders, provided that no branch shall be located in any town where one is already located and doing business] coming up, it was passed the final reading-yeas 54, nays 29.
COSTS IN CRIMINAL PROSECUTIONS.
Mr. CASON'S bill, [154] to amend the justices act, of May 29, 1852, in State prosecutions, [adding the words "costs""shall stand committed till the fine and costs be paid "] coming up, it was passed the final reading-yeas 62, nays 21.
HEIRS OF MICHAEL O'BRIEN.
The bill [S. 107] for the relief of the heirs of Michael O'Brien, deceased, was passed finally-yeas 84, nays 0.
RECORDER'S FEES.
The Judiciary Committee's bill (substitute for Mr. Irwin's) [187] authorizing Recorders to demand payment of their fees in advance, coming up-
Mr. CRAIN desired unanimous consent to amend by a provision making such fees a lien on real estate. But it was objected to.
Mr. JENKINSON. That's the law now. The bill's a nullity.
Mr. NEBEKER. It's a small fee that parties some times neglect.
Mr. COLLINS. of Adams. His Recorder had made the impression that his fees must be paid in advance. It was a lien on the reality anyhow.
Mr. BUNDY demanded the previous question, and thereupon the bill was lost-yeas 48, nays 32-for want of a constitution majority.
PROBATE PAPERS.
Mr. Gifford's bill [127] To give the several clerks of the courts of common pleas custody of the papers of the former probate courts, coming up, it was passed the final reading-yeas 68, nays 5.
ORANGE COMMON PLEAS.
Mr. Black's bill [165] To amend section 3 of the common pleas act of March 5, 1855, so as to change the time in Orange county, coming up, it was passed the final reading-yeas 69, nays 0.
COUNTY LIBRARIES.
Mr. Kendrick's bill [10] Authorizing county libraries to loan certain funds, and regulating the same, coming up-
Mr. KENDRICK. The only object was to grant the privilege to county libraries to loan their money out at seven per cent., as other trust funds are loaned.
The bill was finally passed the House yeas 65, nays 3.
Mr. FRASIER made an ineffectual motion to take up the bill to regulate the prices of the Public printng.
COMMON PLEAS DISTRICTS.
Mr. Henrick's bill [185] To provide for numbering the several districts of the court of common pleas in the State of Indiana, coming up-
Mr. HENRICKS stated that the only object of the bill was to designate these districts by number, for convenience of legal reference.
The bill was finally passed the House-yeas 70, nays 1.
Mr. ROBERTS. I ask to record my vote. Mr. Speaker, have I not the right, under the rule, to record my vote ?
The SPEAKER would inform gentlemen that the Chair is not governed strictly by the rules now. This Chair will announce that hereafter it will not recognize any application to vote after the result is, announced.
Mr. ROBERTS. Then I hope that gentlemen will not be recorded as being present and refusing to vote.
Mr. Stotsenberg's bill [US] To authorize judges of the circuit and common pleas courts to make certain orders in vacation, coming up-
Mr. HEFFREN. As the law now stands, the judge can't grant an injunction unless the court is in the county where the matter lies. This bill legalizes such acts; and it would put parties into'court against law, in a case to which he referred. He asked unanimous consent to strike out all that part which makes these acts of the judge legal in pending cases. It was agreed to ; and so the bill passed-yeas 79, nays 1.
RAILROADS.
Mr. Lane's railroad bill [195] To amend section 34, chapter 83 of the Revised Statutes, 1852, coming up-
Mr. LANE said, the only amendment proposed to be made in the law was to extend the time of completion to 20 years. It was important that this provision should be applied to the Indiana and Illinois Central Railroad, upon which upwards of a million of dollars had been expended, as he had before explained.
Mr. BRANHAM. It involved large interests; and, as at present advised, he could not vote for it.
Mr. CASON proposed to amend by unanimous consent: "Provided nothing in this act contained shall be taken to revive or renew any railroad charter, or revive or extend the charter of any other railroad company that has forfeited its charter by non-feasance or non-usance, nor shall any thing herein operate to dismiss any action heretofore commenced by writ of quo warranto or other process to annul or wind up such company."
Mr. DOBBINS. The amendment would have the effect to repeal a bill lately passed the House.
Mr. CASON could not support the bill without the amendment. He wished to avoid legislation for the advantage of such bogus rail page: 354[View Page 354]road concerns as the St. Louis and Cleveland Railroad, &c. The amendment could not operate as the gentleman from Martin supposes. He moved to commit the bill to the Committee on the Judiciary with instructions to amend as above.
Mr. DAVIS desired unanimous consent to amend, so that its provisions shall apply only to the Indiana and Illinois Railroad.
SEVERAL VOICES. " Special legislation" - "unconstitutional."
Mr. UNDERWOOD. The bill No. 250, embraces the same principles of this bill; and an amendment similar to Mr. Cason's has been engrafted upon that bill. He supposed, if this bill were defeated that could be passed.
The bill went to the Judiciary Committee.
HOTELS-GYMNASTICS.
Mr. Hopkins' bill [15] to amend section 2 of the act concerning the organization of voluntary associations, and repealing, &c., approved February 12, 1855, coming up-
Mr. BARRETT. It was simply inserting into the act recited, the words, " Hotel and Gymnastic."
The bill was finally passed-yeas 79, nays 8.
SUPREME COURT REPORTS.
The Supreme Court Reporter bill [116] coming up(price of Reports-first 2 years $3 afterwards $4-)
Mr. FRASIER desired to introduce an amendment to exclude the compilaton of law-years' brief in the published reports.
On motion of Mr. CAMERON, it was laid on the table, and then, under the previous question, the bill was rejected-yeas 37, nays 29.
SLACK WATER NAVIGATION.
Mr. Welle's bill [188] to provide for the organization of Slack-water Navigation Companies, coming up-
Mr. DOBBINS. There ought to be a provision for damages, if any should be done.
Mr. VEATCH. There is nothing in the bill that will admit of interference with vested rights.
Mr. BLACK. Has the company the sole right to fix the tolls ?
Mr. VEATCH. Under the direction of the County Board.
The bill was passed the final reading in the House of Representatives-yeas 60, nays 23.
TAX EXEMPTIONS.
Mr. McLean's bill [239] to amend the 6th section of the assessment act-coming up-
Mr. McLEAN. It exempts from taxation any building erected and used exclusively for benevolent, literary or scientific purposes, which have been erected by any corporation, individual or association.
Mr. HEFFREN. Would it exempt lawyers' and doctors' offices ?-institutions ?
Mr. McLEAN. That would be a forced construction.
Mr. CRAIN. It exempts individual institutions. It will exempt from taxation over a million of dollars in the State of Indiana. I know what it is. I have been watching it. &c. He moved its indefinite postponement.
Mr. McLEAN replied to objections.
Mr. SMITH of Bartholomew. There was a cat in the meal tub. There was too much disposition here to favor exemptions.
Mr. VEATCH. Whatever encourages learning-any question about exempting institutions to facilitate and encourage learning, always hurts the sensibilities of some gentlemen. They were forward to exempt public property of the State and country, but their votes were always ready to tax the benevolence, philanthropy, and liberality of men, &c.
Mr. PACKARD concurred, giving examples.
Mr. CRAIN. If the gentleman will strike out "individual," I will vote for it.
Mr. McLEAN would acquiese in that.
Mr. GRESHAM concurred in the views o of the gentleman from Parke, giving examples.
Mr. BUNDY considered it a just and beneficent bill, and plead for all manner of encouragement to educational institutions.
Mr. HOPKINS would encourage educational institutions, to save money to the State which is now going out to educate our children in other States.
Mr. RAGAN concurred in this. The traveling expenses to send to school without the State would more than pay all this tax here proposed to be exempted. He also gave examples.
Mr. ROBBINS also spoke in favor of the bill.
Mr. JENKINSON moved the previous question, and there was a second.
Mr. ORR had an amendment.
Mr. STOTSENBERG. The bill contained unconstitutional provisions.
Mr. WOODS gave inaudible words of opposition, in the confusion about the second for the previous question.
Mr. CRAIN withdrew his motion for a direct vote; and the bill failed (yeas 44, nays 29), for want of a constitutional majority.
Mr. GRESHAM submitted a concurrent resolution, which was adopted, for a joint convention of the two Houses this day at two o'clock, to elect two directors of the northern State prison, and one director for the southern prison.
AFTERNOON SESSION.
Mr. STOTSENBERG introduced a bill [347] to authorize any agricultural and mechanical association (or either of them) to mortgage their lands, fixtures, and other property, in order to make improvements ; and to authorize them to issue and sell lands for the same object.
On the motion of Mr. COOPRIDER, his Swamp Land Ditch bill [204] was taken from the table, and placed again in the files.
