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Brevier Legislative Reports, Volume IV, 1861, 378 pp.
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IN SENATE.

TUESDAY, January 29,1861.

REPORTS FROM THE JUDICIARY COMMITTEE.

By Mr. MELLETT, returning his bill [S. 4] described on page 69 of these Reports recommending passage.

By Mr. WOLFE, returning a resolution proposing to amend the law so as to make a recognizance of sureties a lien on their real estate, reporting the same to be inexpedient.

By Mr. MARCH returning Mr. Wilson's bill [S. 44]-see p. 69-with amendments, Recommending passage,

Were severally concurred in.

ENLARGEMENT OF THE HOSPITAL FOR THE INSANE.

Mr. TEEGARDEN offered a preamble and resolution which was adopted, stating that whereas there is now in the State not less than 500 insane and epileptic persons not admitted in the State Hospital owing to its crowded condition. That the Committee on Benevolent Institutions inquire into the practicability of enlarging the Hospital for the accommodation of these persons.

SECURITIES OF THE FREE BANKS.

Mr. MURRAY offered a resolution, which was adopted by consent, instructing the Committee on Banks to ascertain by actual inspection whether the bonds held as surety for the circulation of the free banks of the State are in the hands of the State Treasurer.

MONEYS ADVANCED ON ACCOUNT OF THE INSANE.

Mr. WILSON offered a resolution which was adopted by consent, directing the Judiciary Committee to inquire into the expediency of authorizing county auditors to sue in the name of the county board for all moneys that may have been advanced on account of the sixth section of an act concerning insane persons, approved February , 1855, where the property exceeds the sum of $500.

BORDER STATE CONVENTION.

Mr. RAY submitted a joint resolution [S. 11] appointing Thos A. Hendricks, Cyrus L. Dunham, Henry S. Lane, Caleb B. Smith, and Wm. T. Otto, Indiana Commissioners to the 4th of February Washington City convention; which was read and referred under a resolution of the Senate, to the Committee on Federal Relations.

Mr. JOHNSON moved to suspend the operation of the resolution,

Which gave rise to a little debate-

The PRESIDENT decided the motion out order; but a motion to reconsider, in order.

Mr. WILLIAMS gave notice that he should make such a motion to-morrow.

NEW PROPOSITIONS.

The following bills were introduced and passed the first reading without objection:

By Mr. ODELL: [89] To establish probate courts in the sevral counties of this State, &c.

By Mr. MILLER : [90] Declaratory of the meaning of the words "final judgment" as used in the practice act, approved June 18, 1852.

By Mr. O'BREN: [91] To amend section 40 of an act establishing courts of common pleas, approved May 14, 1852, and supply mentary thereto, providing a penalty for the violation of said act.

FEDERAL RELATIONS.

The PRESIDENT. The Senate has made, by its own action, a special order for this hour [10 o'clock.] The minority report of the committe on Federal Relations[being identical with the joint resolution (S.4) printed on pages 44 and 45 of these Reports.]

Mr. CONLEY spoke in favor of concurrence in the report, from manuscript which he held in his hands, for about an hour. [The speech will be printed.]

Mr. CLAYPOOL. This debate has involved so many strange ideas, and been presented in so many different forms, that I feel called upon now to review the document which has been rehearsed here this morning. I trust that in the pretended love of country, and in the expressions of patriotism seeming to mark the speeches of Democratic Senators, they will not forget the land of their birth : that in all the tears they have to shed over the misfortunes of their country, they may find a few for home consumption. I confess that during this debate, I have heard sentiments that I could not believe could exist in the minds of northern men, of freemen, of white men. But so it is, that in these troublesome times, it has become not only a matter of theory, but a matter of fact, that treason stalks in the cabinet councils of the nation, in the Halls of Congress, and upon the floor of State Senates. While it does, no man can discharge his duty to his country who can silently allow such sentiments to go unrebuked. We are a government not yet a century old.

In 1787 our gorvernment went into practicable operation, with a constitution the most patriotic, the most comprehensive, in my humble opinion, the world had ever seen a Constitution, which from that day until this, has resisted the storms of partizan depravity and domestic insurrection. Whether it shall be able in this hour of our trial to brave the storm, I humbly confess I know not; I trust in God it may. When this Constitution of ours, page: 123[View Page 123] under which we live, and have in such a marked degree enjoyed ourselves, was made, it was formed with espeical reference to the liberties of the people. The great controlling idea of the men who formed that Constitution was to send the blessings of liberty to the people of this government as a foundation whereon to build up a nation that should in all times be the wonder and admiration of the civilized world. And they have done it. It has for the last half century been the center, the all-obsorbing topic of the civilized world, and wherever there was any degree of intelligence the wonder and admiration of all nations, a living type of a perfect free government.

Mr. C. continued his remarks until near noon, in opposition to the Committee report. When he had concluded-

Mr. MURRAY offered an amendment, striking out all after the first paragraph, and inserting that, whereas the Democratic party, with a ruthless hand, spoiled the time-honored compromise of 1820, thereby renewing the agitation of the slavery question, creating strife and bloodshed in Kansas, &c. Resolved, That we hold the Democratic party responsible for the evils that are likely to flow from the repeal of the Missouri Compromise, &c.; which was referred to the Committee on Federal Relations under the rule.

And then came the recess till 2 o'clock.

AFTERNOON SESSION.

Mr. JOHNSON. I am surprised at the latitude which has been taken in this debate; and I hope it will not be considered out of order if I wander a little in my remarks. It was said by the gentleman from Henry, [Mr. Mellett,] that we would not compromise principle. Now it is not proposed to compromise principle, but interest. Our Constitution itself was built upon compromise, and compromises have been repeatedly made by amendments to it. We have come to a time when it is necessary again to compromise by an amendment to that Constitution: and -this is demanded by our sister States of Kentucky and Virginia. When we have dissolution inevitable, staring us in the face, we should be ready to meet them, in order to restore peace and tranquility to our already distracted country. This is but a fair proposition, and no sacrifice of principle. I hope this minority report will be adopted, in view of the proposition to appoint commissioners to the Border State Convention, that they may know what to stand to, and where the State of Indiana may be found. We have got to give up some of our personal predilections to order to save the Government, especially when nothing is asked of us but what is perfectly right. It is our duty to perpetuate this great and glorious union of these States, if possible, and hand it down to our posterity unimpaired.

Mr. MILLER spoke about an hour in opposition to the resolutions reported by the minority of the Committee. [His remarks will be written out by the Reporter for publication.]

Mr. COBB. I do not feel the interest that I once felt on this subject neither would I speak at this time were it not for reasons personal to myself rather than for the public good. I have lost much of the confidence which I brought here with me with reference to the final settlement of the questions which now agitate our common country. I must say I have not the same hope I had yesterday afternoon. I have thought during the whole progress of my life that this Government was destined to be more lasting than that of any government that ever existed before. It has been sustained for over three quarters of a century, but recently we have become distracted, and our government seems now to be tottering upon its foundations.

Mr. C. spoke an hour and a half in support of the minority report, closing with these words of warning on another subject: The Republicans of this Legislature have refused to meet Democrats here with that spirit which they ought to. They propose to pass a bill that is a military despotism, which never shall pass by my vote or with my presence, and I don't propose to be revolutionary either: for with vitality placed in that military bill in time of war, the cost to the State of Indiana would be half a million of dollars annually.

When he had concluded-

On motion the Senate adjourned.

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