HOUSE OF REPRESENTATIVES.
TUESDAY, January 29,1861.Mr. BUNDY presented the petition of Jacob Branharn and others,citizens of Henry county, asking for a change of the usury laws so as to allow parties to contract for any rate of interest not exceeding ten per cent.; which was referred to the Committee on the Judiciary.
REPORTS FROM COMMITTEES.
Mr. RAGAN, from the Committee on Elections, returned Mr. Roberts' bill, [6] to amend the law for the election of Presidential Electors, with the expression of opinion that farther legislation on the subject is inexpedient, and that the bill be laid on the table.
The report was concurred in.
Mr. RAGAN, from the same Committee, returned Mr. McLean's bill [24] and Mr. Jones, of Tippecanoe's bill [30] to prevent voters' emigration from one county or township to another, and to repeal the act of March 6, 1857, and reported farther legislation on that subject inexpedient at present.
The report was concurred in.
Mr. EDSON, from the Committee on the Judiciary, returned Mr. Lee's bill [78] to exempt $300 of widow's property from taxation, recommending its indefinite postponement, and reporting and recommending in lieu thereof a bill [135] to amend section 6 of the act pro page: 124[View Page 124]viding for the valuation and assessment of real and personal property for the collection of taxes, &c.; so as to exempt from taxation the property of widows where it does not exceed $300 in value.
The report was concurred in, and the new bill passed to the second reading.
Mr. JONES, of Vermillion, from the Committee on the Penitentiary, returned the resolution for a House of Correction for juvenile offenders, with the expression of opinion that, while it is the duty of the State to provide all reasonable means for the correction of juvenile offenders, the present deranged condition of the financial affairs of the State renders the proposition to erect a House of Correction at this time inexpedient.
The report was concurred in.
Mr. ORR, from the Committee on Rights and Privileges, returned the petition of W. W. Ethel and others, for the protection of fish in the inland waters of the State, by a law similar to the Ohio statute of April 7, 1857, and reported the bill [136] for the protection of fish and fisheries, and providing a penalty for the violation of this act.
The bill was passed to the second reading.
[A Senate message announced the passage of a joint resolution [S. 9] requiring the Treasurer of State to call for the revenue now in the hands of the county treasurers.]
Mr. GROVER, from the Committee on County and Township Business, returned the resolution for amendment of the law so as to relieve the county treasurers from the duty of visiting the townships for taxes, and reported a bill [137] to amend the valuation and assessment act of June 21, 1852.
The bill was passed to the second reading.
He also returned the resolution for the passage of a law authorizing surveyors, under the direction of county commissioners, to re-survey original section lines, and establish section corners, with the opinion that further legislation on the subject is unnecessary.
The report was concurred in.
He also returned Mr. Collins of Adams' bill [47] to amend the 29th section of the Supervisors' act of March 5, 1859, recommending its passage, with an amendment inserting "August" for "November."
The report was concurred in, and, accordingly, the bill was ordered to be engrossed.
DAMAGES AT NORTHPORT.
Mr. SLOAN, from the Committee on Claims, returned the petition of W. W. Martin and others, citizens of Noble county, for damages on account of lands overflowed by the Feeder dam at Northport, with an adverse report.
Mr. JENKINSON was satisfied that this was a just claim. The State had overflowed some two thousand acres of land in Noble county by that Feeder dam. He moved to recommit the report.
Mr. DOBBINS. The only evidence before the committee, of damages sustained there, was on the face of the petition; and that did not state to what extent they had been damaged. If the Legislature should commence paying for damages of this class, we will have petitions coming in from one end of the Wabash and Erie Canal to the other, asking for damages by that improvement. From the fact, that it would be setting a precedent which the State could not stand up toa precedent that would exhaust the public revenues we reported against it. And the committee considered further, that if the petitioners, or the gentleman from Allen would present all the facts, and show conclusively that damages had really been sustained, even then the State could neither allow nor pay them.
Mr. JENKINSON. It might be a very convenient morality for the State to take a man's property without paying for it, but the gentleman might as well refuse to pay any other public debt. He was personally conversant wit h the facts in this case. Two thousand acres of good land, the State had made a clear loss to these men. The law also provided for their remuneration, but they never got it.
Mr. DOBBINS. Had not the same claim been presented years ago?
Mr. JENKINSON. I think not. If it has been passed upon, then all right. But let that fact be shown. Till that is shown, I say the State of Indiana should pay her just debts.
Mr. FISHER. This was a familiar subject to him. He was trustee at the time the contract was made. He gave a careful statement of the case. He reported against the improvement at Northport, but was constrained to let the contract by an existing law of which he first recommended the repeal. But the work was for the benefit of the people, and the privilege of water-power and all other benefits of the improvement had been released to the county of Noble.
Mr. JENKINSON. Still, this land had been destroyed by the State.
Mr. FISHER'S impression was that these men had relinquished all claim for damages; and he thought it had been done in writing.
Mr. DOBBINS thought the facts stated by Mr. Jenkinson were presented in 1857 and 1859. It came signed by some fifteen or sixteen persons.
Mr. JENKINSON thought it could be proved that these men had never been here before.
Mr. DOBBINS was impressed that they had been here. It was useless, however, to refer back the report, for the committee never would report in favor of paying these claims, For the last two regular sessions the House had been flooded with such claims.
The report was concurred in.
STATE REVENUE.
Mr. ORR submitted a resolution, which was adopted, referring to a correspondence (accompanying) between the Auditor of Delaware county and other county auditors in relation to a change in the time of paying taxes, and page: 125[View Page 125] the time of the County Treasurer's settlement with the Treasurer of State, and directing the Committee on County and Township Business changes suggested.
STATE OF THE UNION.
Mr. STOTSENBERG presented joint resolutions passed by the Legislature of Kentucky, accepting the invitation of the Commonwealth of Virginia to a Convention of State Commissioners, to be held at the City of Washington, the 4th day of February, and appointing five Commissioners thereto accepting the terms of the Crittenden amendments, with explanations and qualifications and embracing inductions to their Commissioners.
They were read by the Clerk.
Mr. STOTSENBERG had presented these resolutions, without waiting for any formality Of authorized transmission, on account of the urgency that the body should act upon them at once.
Mr. Speaker ALLEN, [Mr. Bundy in the Chair.] As it might be expected from the course taken in the Virginia resolutions, that a copy of these resolutions had been transmitted to the Governor, and would be by him laid before this House, he moved to lay them on the table for the present. The object of this motion was that they should not go to the Committee till they should be communicated by the Governor.
Mr. HEFFREN, Under our rule, all such propositions go to the Committee. But he was willing to rescind the rule. That would have to be done before the resolutions could go to the table ; and he hoped the House would do it at once.
Mr. Speaker ALLEN. The resolutions would certainly go to the Committee of Thirteen. The only reason of his motion was,that they might come with the official sanction of the Governor, whose duty it is to communicate them to the House. He withdrew the motion.
The SPEAKER ordered their reference.
Mr. Speaker ALLEN presented the resolutions embraced in the proceedings of a Union Meeting of citizens of Glbson county, without distinction of party, Thursday, January 24, 1861.
They were ordered to the Committee of Thirteen.
Mr. HOLCOMB, (by unanimous consent') stated his information that the meeting which passed these resolutions was called for the purpose of having a free expression of opinion of all parties. That the chairman of the meeting was a Republican ; that a Committee was raised which reported this series of resolutions ; and that when they were proposed to be amended by substituting the Crittenden amendments, the chairman adjourned the meeting, and refused to submit the substitute for consideration. And thereupon the Union men present appointed another meeting, which was to take place to-day:
Mr. Speaker ALLEN, (by consent,) knew nothing "of the circumstances under which these resolutions were adopted, They had been forwarded to him with a request to lay them before the House of Representatives. The gentleman from Gibson, he hoped, would pardon him for saying, that, as far as these resolutions were concerned, they emanated from a Union meeting, and that those concerned in calling the other meeting could not be the Union men that adopted them.
ASSIGNED CLAIMS.
Mr. JONES, of Wayne, submitted a resolution, which was adopted, that the Committee on the Judiciary inquire into the expediency of amending the law for the collection of assigned claims, so that the Payee, as well as the Assignor, may be a competent witness in the case.
COMPENSATION OF COUNTY OFFICERS.
Mr. McLEAN submitted a resolution, which was adopted, that the Committee on County and Township Business inquire into the expediency of so amending the law in regard to county offices as to make the same salaried offices, wherever the present fees allowed exceed in the aggregate $1,500-the excess of such fees above that sum, after deducting a reasonable allowance for clerk-hire, to be paid into the county treasury.
ROAD TOLLS.
Mr. ORR submitted a resolution, which was adopted, that the Committee on Roads inquire into the expediency of reducing the toll on plank, gravel and macadamized roads, so as to make the same more uniform ; and especially of reducing the rates on sheep, &c., which do the roads but little injury.
JUSTICES' FEES.
Mr. McCLURG submitted a resolution, which was adopted, inquiring into the expediency of allowing justices of the peace a fee of one dollar for the trial of every case submitted to them.
COLUMBUS UNION RESOLUTIONS.
Mr. SMITH, of Bartholomew, presented the proceedings of a late Union meeting held at Columbus, in his county; which were referred to the Committee of Thirteen.
MISS DILL'S GAZETTE.
Mr. HOLCOMB submitted an order that the Doorkeeper subscribe for a copy of Miss Dill's Gazette, to be laid on the desk of each member of the House.
After debate and sundry amendments laid on the table, the resolution was lain on the table-yeas 54, nays 51.
Mr. PROSSER made an ineffectual motion to suspend the order of business and take up the Senate joint resolution for calling in the revenue.
Mr. WOODHULL submitted an order, that the proceedings of Union meetings presented here shall be referred without reading.
page: 126[View Page 126]Mr. EDSON considered that there was a manifest propriety in reading them at this time, and reasoned against the rule proposed.
Mr. DOBBINS. A proposition to establish a rule must lie over without debate.
The SPEAKER so ordered.
Mr. RAGAN submitted an order that the Doorkeeper procure a copy of the first volume of Gavin & Hord's Statutes for the chairmen of each of the Standing Committees of the House.
Mr. EDSON. An order had been passed for 10 copies-that is one for each committee room in the building.
Mr. RAGAN. That resolution seems to have been lost. The Doorkeeper is without authority to proceed.
The resolution was rejected.
Mr. CAMERON proposed a resolution, that the rules of the House relating to the hours of session and adjournment be suspended till the 10th day of February, and whilst they are so suspended the House will meet at 9 o'clock a. m., and adjourn ot 1 o'clock p.m: Provided that so much of the rules as relates to adjournment on Saturday be not suspended.
It lies over one day.
ORDER OF BUSINESS.
Mr. HEFFREN submitted a resolution, that the order of businees be so changed that the introduction of resolutions shall come after the other orders.
The SPEAKER. It lies over.
Mr. Speaker ALLEN. It was but to change an order adopted by the Speaker, not by the House.
Mr. HEFFREN. If we consume the morning hours with resolutions, we shall not get through with the business of the session. It is better, if gentlemen have buncombe resolutions, to postpone them till the last.
Mr. SMITH, of Bartholomew, objected to the unfair intimation that resolutions were for buncombe. Perhaps the gentleman from Washington had introduced his full share.
Mr. Speaker ALLEN thought the House should adopt this order. He concurred in the opinion, that if the present order be carried out, we will never reach our business in which the State is deeply interested. He had no desire to prevent gentlemen from offering resolutions in which they or their constituents may be interested.
He was not laboring under the belief that resolutions here had been offered for buncombe.
Mr. HEFFREN had said if gentlemen desire to offer buncombe resolutions.
Mr. ALLEN. Then I have to say, I do not believe there is a member here who desires to offer buncombe resolutions.
Mr. DOBBINS. A similar resolution was adopted with advantage last session.
The order was adopted.
Mr. FERGUSON submitted a resolution directing the Judiciary Committee to inquire into the expediency of amending the supplemental exemption act of March 5, 1859, so that the person entitled to its benefits shall be required to make out and present to the sheriff an inventory of all his real and personal estate belonging to him at the date of the issuance of the writ.
Mr. F. said the idea was merely to supply the word "personal" in the statute.
The resolution was adopted.
Mr. SMITH, of Bartholomew, submitted resolution, which was rejected, that the Committee on Claims inquire into the expediency of giving landlords' claims priority overall other indebtedness.
Mr. ORR submitted a resolution, which was adopted, that the Judiciary Committee inquire into the expediency of providing penalties for the failure of county treasurers to make final settlement at the time required by law.
JAMES WILSON.
Mr. STOTSENBERG moved to reconsider the vote of the House adopting Mr. Prosser's resolution for a committee to erect a monument over the remains of James Wilson, & signer of the Declaration of Independence reposing in the Charlestown burying grounds' It was proper that such poor reverence be paid to the memory of James Wilson, if his bones reposed in this State; but from what he could learn James Wilson died in the town of Eaton, in the State of South Carolina on the 12th day of January, 1798, when Charlestown was a howling wilderness. So that if he were buried in any Charlestown, it might be Charleston, Soutn Carolina, where it might not be agreeable for some of us now to go.
Mr. PROSSER had his information from the Senator from Clark county.
Mr. HOWARD could get no certain information that any such person was ever buried in the Charlestown grave yard.
The resolution was reconsidered and laid on the table.
Mr. COOPRIDER submitted an order, which was adopted, that the Committee on County and Township Business inquire into the expediency of referring the power back to the Township Trustee to change and vacate roads, in cases where but a single townships is concerned.
Mr. HOLCOMB submitted an order, which was adopted, that the Committee on County and Township Business inquire into the expediency of authorizing county recorders to receive their fees at the time of filing the papers for record.
Mr. ORR submitted a resolution requiring the Auditor of State to report the amount of fees accounted to his office under the act of March 5th, 1859.
Mr. Speaker ALLEN said the Governor had been requested by a resolution of the House to communicate this matter, and he had been informed that it would be done perhaps to-day.
Mr. ORR withdrew the resolution.
page: 127[View Page 127]STATE OF THE UNION
Mr. Speaker ALLEN submitted a series of resolutions [joint resolution 25] on this general subject.
They were read by the clerk.
Mr. HEFFREN proposed to amend by substituting a series of resolutions. [Joint resolution 26.]
The SPEAKER. The gentleman may offer his resolution as an independent proposition. The resolutions of the genltman from Knox, immediately upon being read, under a rule of the House, were referred to the Committee without debate. It is impossible for the Chair to entertain an amendment to such a proposition.
Mr. HEFFREN'S resolutions were then read.
Mr. GRESHAM submitted a series of resolutions [J. R. 27] on the same subject; which were also read and referred under the rule.
[Mr. Speaker Allen's resolutions propose no commissioners to the Washington convention. Mr. Heffren's propose Henry S. Lane, Caleb B. Smith, Wm. T Otto, Thomas A. Hendricks, and Cyrus L. Dunham. Mr. Gresham's propose Henry S. Lane, Caleb B. Smith, Wm. T. Otto, John P. Usher, and Robert Dale Oowen]
Mr. HOLCOMB submitted a concurrent resolution for a joint convention of the two Houses, Wednesday at 2 o'clock, to elect five commissioners to represent, the State of Indiana in the Washington convention, to meet on the 4th day of February, in compliance with the request communicated by the General Assembly of the Commonwealth of Virginia.
Mr. HOLCOMB. I apprehend that does not go to the Committee of Thirteen.
The SPEAKER. The resolution provides expressly that all matters in relation to the present excited state of our country, and all matters and resolutions proposing remedies therefor shall be referred to the Committee of Thirteen; and if the appointment of commissioners does not look like a remedy for the present difficulties, then the Chair does not understand the force of language.
Mr. HEFFREN moved to suspend the order of business and the Veatch resolution, for the purpose of enabling him to move to take up the consideration of the joint resolutions on Federal Relations, which have been presented to-day.
Mr. STOTSENBERG. Or which may be presented.
The SPEAKER. A resolution cannot be suspended by a motion.
Mr. HEFFREN. Then put it in the shape of a resolution.
The SPEAKER decided the resolution out of order. The resolutions presented to-day could not be reached without first reconsidering the rule.
Mr. DOBBINS moved to reconsider the vote adopting the Veatch rosolution.
The SPEAKER. The motion to reconsider must come from one having voted with the majority.
Mr. LANE asked if it would be in order for one who had voted with the majority to move to reconsider the vote adopting the Veatch resolution.
The SPEAKER. The Chair is of opinion that a motion to reconsider that vote has been once made, and that that motion was laid on the table. If the Chair is correct in that, a motion to reconsider cannot be in order.
Mr. HEFFREN. It was a motion to rescind that was laid on the table. I am very certain there never has been a motion made to reconsider that vote.
The SPEAKER. The Journal will show. The resolution of Mr. Veatch has become one of the rules of the House, and it cannot be changed, except in the mode pointed out by the rules of the House.
Mr. STOTSENBERG. Would it be in order to move a suspension of that rule?
The SPEAKER. It is in order to suspend at any time; but if the object be to take up these resolutions, the Chair decides that they cannot be taken up without first passing an order for their return to the House.
Mr. GRESHAM. I appeal to those in favor of responding to the call for the Washington City Convention not to press this matter any further now. I hope they will postpone it till to-morrow morning. I will say to them, I am with them; I don't care where they come from. [Approbation.]
Mr. HEFFREN submitted an order, directing the Committee of Thirteen to return the joint resolutions offered this day by Mr. Speaker Allen, Mr. Gresham and himself.
Mr. BRANHAM would suggest that the Committee of Thirteen meets this evening; and there will probably be a majority and a minority report.
Mr. HEFFREN. These three resolutions represent the three ideas or opinions on the whole subject entertained by gentlemen on this floor, and I want them before the House at once.
Mr. BRANHAM had considered it important that before they report the Committee should get all the views of the various sections before them. Then let them report. Let us not place ourselves in a position where these resolutions may be coming in on us continually. When the report shall come in, I for one will be willing that gentlemen shall debate it to their heart's content, so that they shall not be debating this thing on every question, I hope that when the House adjourns, it will be till to-morrow morning, in order to give time for this to be done.
Mr. PROSSER that is the best plan.
Mr. BUNDY hoped the Committee would have time to meet this afternoon and consult on a report and make it, that this vexed question may be settled. It was a disturbing ele page: 128[View Page 128]ment, increasing in force. Every day gentlemen were anxious to get more resolutions before the Committee. Their name was legion. It would take months of time to read and consider them all.
Mr. HEFFREN. I withdraw my resolution.
Mr. STOTSENBERG submitted an order that the Committee of Thirteen report at 10 o'clock to-morrow.
The SPEAKER ruled it out.
Mr. BUNDY (Chairman) had leave to announce a meeting of the Committee of Thirteen in the Ways and Means Committee-room at 2 o'clock.
The House then adjourned.
