HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 23,1861.PETITIONS.
By Mr. McCLURG: The petition of J. M. Armitage and others, citizens of Clinton Co., asking for a repeal of the new county act of 1857 and 1859.
By Mr, BRETT: The petition of M. Sanford and others, citizens of Daviess Co., for the same object.
By Mr. HENRICKS : The petition of John H. Harper and others, citizens of St. Joseph Co., for the same object; which were severally referred to the Committee on County and Township Business.
By Mr. HEFFREN: The petition of John I. Morrison and others, citizens of Washington Co., asking for an appropriation of $500 in the hands of the Commissioner of that county, to aid in payment of the debt contracted by citizens of that county for draining and removing a dam in the Muscatatack; which was referred to the Committee on Swamp Lands.
By Mr. WOODHULL: The petition of Moses McClanhan and others, citizens of Indiana, asking for a fish protection law similar to that of the State of Ohio ; which was referred to the Committee on Rights and Privileges.
By Mr. PROW: The petition of Wm. Blackburn, late constable of Brown township, in Washington Co., praying for relief by the State's repayment of $25 expense incurred by him in arresting a fugitive from justice.
On motion by Mr. PARRETT, it was laid on the table.
On motion by Mr. BUNDY, (the order of business being suspended for the purpose,) the House took from the table the concurrent resolution of the Senate, proposing that the committees of both Houses appointed to visit the Northern Penitentiary shall proceed together and draw on the Treasury for expenses.
Mr. WOODHULL objected to the proposition, because it did not indicate the amount page: 90[View Page 90] to be drawn. Let them go there and perform their duty, and when the expense should be incurred, he would vote for its payment. It had been intimated that the railroads would carry them free.
Mr. HEFFREN, in his seat. They'll want something to eat.
Mr. STOTSENBERG proposed to amend, by inserting after the word " appoint," these words: " which Committee of the House shall consist of three members of the Select Committee on the Northern Prison, to be selected by said committee."The SPEAKER ruled it out or orderas having been once voted down.
Mr. STOTSENBERG. It was not voted down, but laid on the table.
The SPEAKER. It is then in order.
Mr. FISHER. Should not the House indicate what committee shall go?
Mr. BUNDY. The committee was named in the resolution of the Senate.
On motion by Mr. HEFFREN, the amendment was laid on the table, and the question recurred on the Senate resolution.
Mr. ORR understood this matter was fixed the other day.
Mr. CRAIN. A portion of the Select Committee had had a conference with the Senate Committee, and they were anxious to investigate the Prison jointly, and so save expense to the State. If the committees did not investigate jointly, as a matter of course the witnesses would be brought before both committees. Let us go about it in a business like manner to save expense. There had been enough said-$400 worth of talk was enough.
Mr. FISHER did not understand that the resolution proposed a joint investigatiou any further than the examination of the premises.
Mr. HEFFREN. That was their request now.
The House concurred in the resolution.
REPORTS FROM COMMITTEES.
Mr. VEATCH, from the Judiciary Committee, returned the resolution of the House for an inquiry into the expediency of amending the 10th section of the Justices act, so as to give them jurisdiction to try and determine cases founded on contract and tort where the sum does not exceed $300with the expression of the opinion of the committee that it is inexpedient to legislate on that subject.
The report was concurred in.
Mr. VEATCH, from the same committee, returned the resolution of the House for inquiry into the expediency of amending the Practice act, so that all cases appealable from justices shall be tried on the papers, and reported the opinion that it is expedient to legislate on the subject.
The report was concurred in.
Mr. VEATCH, from the same Committee returned the resolution of the House for inquiry into the expediency of giving county commissioners power to levy taxes for public improvements, and reported" sufficient has been conferred by existing laws."
The report was concurred in.
Mr. VEATCH, from the same Committee returned the resolution for inquiry into into constitutionality and expediency of enacting a law permitting residents along turnpikes and plankroads to levy a tax on real estate for their construction and reported legislation inexpedient.
Mr. HAWORTH. The resolution require a report on the constitutionality of such legislation : and on his motion, the resolution was re-committed.
Mr. GRESHAM obtained leave of absence for the Military Committee for this afternoon.
Mr. FRASIER, from the Committee on County and Township Business, returned the resolution of the House for inquiry into the expediency of requiring the jails to be kept by the coroner, and reported-" inexpedient.
The report was concurred in.
Mr. HEFFREN obtained leave of absence from the select Prison Committee.
Mr. FRASIER, from the same Committee returned Mr. McLean's bill[H. R. 4,] to amend sections 70 and 71, of the assessment act of June 21st 1852, with an amendment requiring assessors to make their returns to the Auditor the first of March, instead of the last of May and limiting the time for the treasurer to call on the tax payers, from January to the 20th of February. He explained the object and effect of the amendments. It was desirable to give the county auditors longer time to make their returns.
[A Senate message announced a bill, and a concurrent resolution for the election of Public Printer this day at 2 o'clock.]
Mr. McLEAN. This bill had been asked for by many county auditors. The single principle of the bill was to shorten the time of making the assessors' returns, the change being from the first of June till the first of March-to give time to the auditors to make out the delinquent lists. The law requires the delinquent lists to be made in October. It was an important bill and should receive the attention of the House.
Mr. EDSON. While it was an advantage to the Auditor it was a disadvantage to the assessor, on the score of time.
Mr. McLEAN. The bill provides that the assessor may appoint assistants.
Mr. UNDERWOOD desired the bill to pass.
Mr. ROBBINS. The Auditors in his part of the State were anxious for this legislation. He did not think it would trammel the assessors.
Mr. FISHER. Another consideration in favor of this bill was a diminution in the expense making the assessment. Most of the assessor managed now to put in the whole time from January till June, and got their per diem. If compelled to make their returns in two months they would work better.
page: 91[View Page 91]Mr. KENDRICK. The assessor of this (Center) township, with one assistant, by working assiduously bad only time enough now.
Mr. CASON. In the large townships, the proposed provision was, that the assessor may employ as many assistants as needed. But the Auditor could only employ some two or three clerks to make the duplicate and delinquent list, because there was but one book. In many cases it was difficult and impossible for him to do his work from June to October.
Mr. VEATCH suggested amendments. The Board of Commissioners should be required to make their annual levy earlier, otherwise here would be little advantage from this bill. The thing would be out of joint. He suggested also, that the time for making out the delinquent lists be extended to November; and that the law requiring the Treasurers to go through the townships after the taxes ought to he repealed. It amounted to nothing, and made considerable expense.
Mr. WOODHULL concurred in these suggestions.
Mr. RAGAN proposed to amend by limiting the time of the assessors' returns to the first of April.
On motion by Mr. McLEAN, the bill and amendments were re-committed to the same Committee.
Mr. STOTSENBERG submitted two resolutions directing the select committee on Printing to report a bill requiring the Public Printer to furnish all the paper necessary for the public printing; also providing specifically for the number of journals of the House and Senate, and of the documentary journal, reports of the officers of State and of the benevolent institution's, to be printed, and making such other modifications of the law regulating the-duties of the Printer, as to prevent abuses in the public printing.
2. In order to give time for the preparation and perfection of a proper vote on the subject, resolved, that the election of a Public Printer be postponed till Thursday, the 81st day of January, 1861.
Mr. GRESHAM was in favor of letting the printing to the lowest responsible bidder. He had submitted a resolution to effect this, and a committee had been raised under it, but the House did not seem disposed to give the committee anything to do.
The resolution was rejected.
Mr. DOBBINS submitted an order that the Judiciary Committee inquire whether there is any law in force defining the offenses of fornication and adultery.
On motion by Mr. SMITH, of Bartholomew, it was laid on the table.
Mr. WOODHULL submitted an order, which was adopted, requiring the Judiciary Committee to inquire into the expediency of paying all officers and witnesses in criminal prosecutions the same fees as in other cases.
Mr. ROBBINS submitted an order, which was adopted, directing the Committee on Rights and Privileges to inquire into the expediency of making a residence of 60 days in the county and 30 days in the township necessary to constitute a voter.
UNION RESOLUTIONS.
Mr. McLEAN introduced a series of resolutions, passed at a Union convention of all parties of the citizens of Vigo county, held at Terre Haute. He said the series of resolutions which he held in his hand, were adopted with entire unanimity at a meeting of near one thousand of the citizens of his county, who, in view of the threatening aspect of our National affairs, forgetting the differences and distinctions which had heretofore divided them, casting aside all party ties and party affiliations, around the common altar of their country's good they had met to propose some plan of adjustment of those distracting difficulties which so ominously portend our dismemberment as a people, and hold out the olive branch of peace and conciliation to our disaffected Southern brethren. No duty devolving upon him since the commencement of this session afforded him more real pleasure and gratification than the duty imposed upon him by the convention of his fellow-citizens of his county, requesting him to present these resolutions to the House and ask their adoption. The resolutions were replete with true Union sentiments, and breathed a spirit which could not fail, he thought, to find a cordial response in the breast of every member upon the floor, to whatever party he might belong.
The people of Vigo county, without distinction of party, and utterly rejecting all desire to force mere party opinions upon the country at this time, have met together in the spirit of concord and patriotism, to consider the present alarming condition of our National affairs, and to make known their opinions thereon. In view of the fact that the peace, prosperity and happiness of the people are endangered-the harmony of the States disturbed-and the continuance of the Federal Union itself threatened with dissolution; and, also, in view of the fact that in no part of the country have the people a deeper and more lasting interest in the preservation of the Union than in the Wabash Valley, which has ever sought a market at the South as well as the North; and believing that our people, both from conviction and duty, desire to maintain friendly relations with all sections of the country, and to preserve the Federal compact in the spirit in which it was made and established by our Fathers: Therefore,
Resolved, That it is the highest aim and most imperative duty of patriotism and philanthropy, to preserve the Union of the States in all its integrity, and maintain the Federal compact in its spirit; and that in the true and honest sentiment of fraternal love and justice, as well as fidelity to the National Union, it is demanded that we use all honorable means, and exert every rightful power, to defeat the purposes of those whose spirit and acts endanger the one or impair the other.
page: 92[View Page 92]Resolved, That it is the duty of all good citizens of all parties and sections, to urge upon Congress a prompt and liberal settlement of the questions which now divide and separate the North and the South, and by concession, compromise, and a tolerant indulgence of every practical interest, give assurance to the complaining States that no wrong is intended to their material interests by the present or incoming Administrations; and that such amendments should be made to the Federal Constitution as will forever banish from the Halls of Congress, and from the political contests of this country, the exciting discussions which appertain to African slavery.
Resolved, That Indiana has ever been faithful to the requirements of the Federal Constitution, and we repel, with a proper spirit of indignation, the charge that any of our laws have ever been framed with the purpose of impeding or nullifying any law of Congress, or any enactment made in pursuance of the Constitution of the United States.
Resolved, That we are warmly attached to the Federal Constitution-that we do not recognize in the diversity of our institutions any cause of conflict between different States; but, on the contrary, we deem the varieties of climate, soil, productions, domestic institutions, industry, modes of thought throughout our widely extended country, grounds of a more lasting and perfect Union, and that we regard its dissolution, in whole or in part, as eminently disastrous to all our interests, and as destructive of civil and religious liberty throughout the world.
Resolved, That we deny the constitutional right of any State, or any portion of the people thereof, to secede from the Union, and that we are equally opposed to nullification at the North and secession at the South, as violative of the Constitution of the United States.
Resolved, That while we recognize the power and duty of the Federal Government to protect the property of the United States by all constitutional means, yet as the employment of military force by the Federal Government to coerce submission of the seceding States, will eventually plunge the country into civil war, and forever prevent the accommodation of the fearful issue now before the country; we therefore earnestly entreat, not only the Federal Government, but the seceding States, to stay the hand of military force till the people of all the States can be heard from, and the voice of reason and patriotism shall take the place of passion, violence, and the bloody arbitrament of the sword.
Resolved, That it is the prompting of patriotism, and the dictate of wisdom, to make an earnest attempt to save the Union by concilliation and concession; and, therefore, in the spirit of compromise, we are willing to accept the amendments to the Constitution proposed by the members of Congress from the border States, or any other fair measure, which shall be satisfactory to the States composing the American Union, believing that mere personal opinions should now bend to the over-ruling necessity of preserving the Government from dissolution.
Resolved, That it is the duty of the Legislature of every State in the Union which has passed laws to obstruct or embarrass the return of fugitive slaves, or to set at defiance any law Congress on that subject, to immediately repeal all such laws or enactments, and to re-establish thereby, fraternal feelings in all sections of the country.
Resolved, That should Congress be unable agree on any just compromise,or fail for any peas to do so, it is the duty of the Legislature, now in session, to provide by law for a Convention of the people of this State, to the end that delegates be appointed to a Convention of the border States, slave and free, and the position, authoritatively declared, which Indiana shall assume in the perilous crisis now upon the country.
Resolved, That the free navigation of the Mississippi, and the use of it as a public highway for the North-west, can never be surrendered, and that we will do all that can be done to leave that right for the generations which may follow us and bequeath it to our children as the legacy Of their fathers. It was the highway of our fathers and it must be that of our sons.
Resolved, That a copy of the foregoing preamble and resolutions be forwarded to our Senator and Representatives in the State Legislature and also to our Senators and Representatives in Congress, and that they be requested to present the same to the bodies of which they are members, and advocate the plan of adjustment herein proposed.
The resolutions were referred to the Committee of Thirteen.
Mr. ORR submitted an order, which was adopted, instructing the Judiciary Committee to inquire into the expediency and propriety of passing a law prohibiting the intermarriage of persons within the fourth degree of Consanguinity in the collateral lines.
Mr. PACKARD submitted an order, which was adopted, that the Committee on the Penitentiary inquire into the expediency of erecting a House of Correction for juvenile offenders.
Mr. ROBBINS submitted an order, which was adopted, instructing the Committee on Benevolent Institutions to inquire into the expediency of enlarging the Asylum for the Insane, by the construction of the right wing thereof, as recommended by the Superintendent of that Institution.
Mr. COOPRIDER submitted an order, which was adopted, instructing the Committee on Ways and Means to inquire into the expediency of so amending the law now regulating the assessment of personal property for taxation and creating a Board of Equalization to equalize the valuation thereof, as to require the several township assessors, together with the county Auditor, to meet at the Auditor's office on the first Monday of January in each year, and determine upon the valuation of all cereal grains, pork, bacon, hay, and all other leading articles of personal property, so far as the same may be made general ; and of further amending the law so as to exempt the property of widow women, to the amount of $300, from taxation.
Mr. McLEAN submitted a resolution, which page: 93[View Page 93] was adopted, expressing the thanks of the House to Miss Caroline Richings, for her patriotic compliance yesterday with the invitatation of the body to sing on the occasion of raising the flag on the dome of the capitol.
Mr. WOODS submitted an order, which was adopted requesting the Committee on Education to inquire into the expediency of amending the school law so that the Trustee shall equally divide the public money in his township for school purposes amongst all schools requiring but one teacher ; that a school of 25 pupils or under, in attendance, shall be considered a school requiring but one teacher; and that for every 10 pupils over 25 in attendance the school shall receive one-fourth more money than those schools requiring but one teacher; and for any less number than 10 in attendance over 25, shall receive in proportion in the same ratio. The number in attendance shall be the average attendance, certified by the oath or affirmation of the teacher-no pupil to be counted "in attendance" unless such pupil has been enumerated and attached to such school according to law.
[A Senate message announced the final passage of Mr. Holcomb's bill [H. R. 59.]
Mr. ROBBINS submitted an order, which Was adopted, that the Committee on Rights and Privileges inquire and report on the necessity of a law excluding negroes and mulattoes from the common schools.
Mr. BRACKEN submitted an order directing the Committee on Education to report a bill to raise the present inefficient school tax from one mill to two mills on the dollar.
Mr. BINGHAM proposed to amend by inserting the words-"inquire into the expediency of;" which was accepted, and so the resolution was adopted.
Mr. RAGAN submitted an order, which was adopted, instructing the Committee on Ways and Means to inquire into the expediency of so amending the law in regard to the collection of the revenue as to make it imperative on the county Treasurers to send out their deputies and make all possible effort to collect the revenue previous to the return of delinquency and damage of ten per cent., as now required.
Mr. VEATCH submitted a resolution, which was adopted, that the Committee on County and Township Business inquire into the expediency of so amending the law in relation to the county Treasurer, that he shall not be required to visit the townships for the purpose of collecting taxes.
Mr. STOTSENBERG submitted a preamble and resolution, which was adopted, rehearsing the expediency of amending the law regulating the pardoning power, so as to prevent its abuse, and directing the Judiciary Committee to inquire into the expediency and propriety of so amending the 17th section of Art. 5 of the Constitution, that a council composed of the officers of the State may be appointed, without whose advice and consent the Governor shall not grant pardons; and also to provide that in all applications for pardon full notes of the testimony, certified to be such by the judge before whom the convict was tried, must be furnished to the pardoning power, before any action can be had thereon.
Mr. HALL submitted a resolution, which was adopted, that the Committee on Ways and Means inquire whether further legislation is necessary to prevent overdrawing appropriations.
Mr. WILLIAMS submitted an order, which was adopted, that the Committee on Benevolent Institutions inquire into the expediency of providing an Asylum for Inebriates in some central portion of the State.
Mr. THOMPSON submitted an order, that the Committee on Banks inquire into the expediency of increasing the Branches of the Bank of the State. It was laid on the table.
NEW BILLS.
By Mr. WILLIAMS. [85] To amend the title of the act to provide for the erection and repair of bridges, and to repeal the act to provide for the erection and repair of bridges, approved March 3, 1859.
By Mr. MOSS. [86] To amend sections 8 and 10 of the Justices' act, of June 9, 1852.
By Mr. ORR. [87] Exempting parsonages from taxation.
By Mr. PACKARD. [88] To repeal section 13 of the Justices' act of June 9, 1852.
By Mr. ROBERTS. [89] To amend section 9 of the act to amend the act to authorize and regulate the business of general banking in this State, so as [to make the State Auditors certificate prima facia evidence against banks.
By Mr. TURNER. [90] To provide for a registration of voters; to prevent corruption in voting, and to define what is a residence of a voter.
By Mr. KNOWLTON. [91] To amend the act approved January 27, 1847, to amend the act to incorporate the Eel River Seminary Society in Cass county, approved January 21, 1859, &c.
By Mr. GIFFORD: [92] Prescribing the duties of clerks, justices, and auditors, and treasurers in reference to jury fees, Ones, forfeitures, and unclaimed fees, and repealing conflicting laws.
By Mr. COLLINS, of Whitley. [93] To apportion Senators and Representatives for the next six years, [identical with that introduced into the Senate:]
Which were severally passed to the second reading.
ELECTION OF STATE PRINTER.
Mr. BUNDY asked and obtained unanimous consent for the consideration of the Senate concurrent resolution for the election of State Printer at 2 o'clock this day, in such manner as the two Houses shall determine, the General Assembly reserving the right to abolish said office, and otherwise legislate on page: 94[View Page 94] the subject at pleasure, &c. Mr. B. moved that the House concur.
Mr. ROBBINS considered that the bill was premature-that it should wait for the proposition to do the public printing by contract.
Mr. GRESHAM demand the yeas and nays, and they were ordered and taken. The resolution was concurred in by yeas 49, nays 38.
Mr. NEBEKER submitted a resolution of invitation to the Senate to a joint convention for this purpose at 2 o'clock, which was adopted by consent.
The SPEAKER suggested a re-adjustment of the clerks' desks ; and-
On motion by Mr. NEBEKER, it was ordered that the Speaker be authorized to make any arrangement he shall see proper in the matter.
Mr. ANDERSON obtained leave of absence till Monday.
Mr. STOTSENBERG inquired what was the purport of the newspaper order for the German papers ? He had a pile of the Free Press, but did not receive the Volksblatt.
The SPEAKER. It applied to the German papers printed in this city.
Mr. STOTSENBERG. One of them was a daily.
Mr. NEBEKER. The original intention was that we were to have a weekly paper from each of these German editors.
Mr. ROBBINS, chairman of the Newspaper Committee, concurred in Mr. Nebekers statement. He did not receive the Volksblatt.
Mr. LANE proposed that the committee confer with the editor of the Free Press and inform him of the intent of the order.
AFTERNOON SESSION.
On motion by Mr. PROW, Mr. Knowlton had leave of absence.
After proceedings in a call of the House-
Mr. ORR submitted an order that the Doorkeeper prepare a list of members' residences to facilitate business when it becomes necessary to send for absentees, which was laid on the table.
Mr. EDSON submitted an order, which was adopted, inviting the Senate instanter to the joint convention.
Mr. BUNDY, under a question of privilege, brought to the notice of the House a paragraph in the New Albany Ledger, by its reporter here, stating that Mr. Bundy had offered a resolution inviting all the negroes in the Southern States to come into the State of Indiana as an asylum. He was a very philanthropic man, but had offered no such resolution as that. He had presented a petition for an invitation to poor white people of the South to emigrate to this State; but the paragraph (which was read by the clerk,) was a total misrepresentation of anything that has been said in this House.
Mr. PROSSRR read an acknowledgement of the error, and courteous amende, in a letter by the same reporter, printed in the Cincinnati Enquirer of this morning.
Mr. BUNDY, satisfied with the explanation would ask for no further proceedings.
ELECTION OF STATE PRINTER.
The Senate responded to the invitation to the joint session, and the President of the Senate presiding announced the order of the election of State Printer, in compliance with the act of 1843.
The Senator from Knox nominated, Joseph J. Bingham.
The Senator from Marion nominated, Berry R. Sulgrove.
The PRESIDENT of the Senate reported the result, viz: Whole number of votes 127-necessary to a choice 64. Of these Bingham received 47 and Sulgrove 80. So Berry R. Sulgrove having received a majority was declared duly elected State Printer-to serve two years from and after the expiration of the term of the present incumbent of the office.
WORK FOR COMMITTEES.
The House now proceeded to the consideration of bills on the second reading.
Mr. McClurg's bill [40] to amend the game law, was referred to the Committee on Rights and Privileges.
Mr. Newman's bill [41] to amend the law in respect to levees and drains; Mr. Williams's bill [43] to repeal the pilot act, and Mr. Gresham's bill [53.] were referred to the Judiciary Committee.
Mr. McLean's bill [44] to amend the first section of the act to provide for the management and disposition of the estates of those who have absented themselves, &c., coming up-
Mr. McLEAN said the only change was in the time of absence, from 10 years to 2 years. "Ten years" was a clerical error in the law of the last session, as the records would show.
The bill was ordered to be engrossed.
Mr. Williams's bill [45] to regulate insurance companies, coming up-
Mr. PACKARD proposed to amend by inserting after the word's "$100,000," the words: "and shall have first deposited $25,000, for the payment of all losses, with the Treasurer of State."
On motion by Mr. McLEAN, the bill and proposed amendment were referred to the select committee on that subject.
Mr. Collins's, of Adams, bill [47] to amend the supervisors' act of March 5, 1856, coming up-
Mr. COLLINS said the object was to change and extend the time of working land taxes on roads from the 15th of September to the 1st of November.
Mr. WOODHULL proposed to amend, by striking out "November''' and inserting "July."
On motion by Mr. STOTSENBERG, the bill page: 95[View Page 95]and amendment were referred to the Commitee on County and Township Business.
Mr. Grover's bill [46] to legalize proceedings in special terms, coming up-
Mr. GROVER explained its provisions.
Mr. FRASIER said the most important cases had been decided at such terms; and if the law was unconstitutional, and the Supreme Court should lay their hand on it, we should have a nice time of litigation.
It was ordered to be engrossed.
Mr. Black's bill [48,] supplemental to the estray law, was referred to the Committee on Agriculture.
Mr. Atkisson's bill [49,] to restrain hogs, took the same reference.
Mr. Cameron's bill [50] to repeal the act of March 5, 1859, for juries the third day of term, was referred to the Committee on Organization of Courts.
Mr. Jones's, of Vermillion, bill [51] to fix terms in the 8th circuit, was referred to select committee.
Mr. Collins's, of Whitley, bill [52] to authorize Justices to administer oaths, was ordered to be engrossed.
Mr. Orr's bill [54] coming up-
Mr. ORR said its object was to repeal the 113th and 117th sections of the school law, requiring visitation and lectures by the Superintendent of Public Instruction.
It was a service always paid for, but never performed.
Mr. FISHER. It was worthy of consideration, whether this service should be performed or not.
It was referred to the Committee on Education.
Mr. Ferguson's bill [55] to provide for fences across county and township roads at ferries, &c., coming up-
Mr. FERGUSON stated its provisions. It would save a large amount of fencing along White river in his region.
It was referred to the Committee on Roads.
The House adjourned.
