HOUSE OF REPRESENTATIVES.
THURSDAY, January 31, 1861.PETITIONS AND MEMORIALS.
Mr. STOTSENBERG said he had received, by telegraph, instructions to present the memorial of the people of the city of New Albany, requesting the Legislature to respond to the call of the General Assembly of Virginia, by the appointment of commissioners to the Washington convention on the 4th of February."
Mr. ROBERTS presented the proceedings of a Union meeting lately held in the town of Aurora, requesting the appointment of commissioners on the part of the State of Indiana, o the Border State convention, to convene at Washington city on the 4th of February.
Mr. FERGUSON presented the petition of Uriah Ballard, and others, citizens and taxpayers of Monroe township, Morgan county, asking for the release of John Ballentine, late ownship treasurer, from the repayment of $180, lost by his depositing it in the Savings Bank of Indianapolis.
It was referred to the Committee on Claims.
Mr. TURNER presented the petition of Wm. page: 140[View Page 140] B. Matthews and Thomas Johnson, citizens and residents cf the State of Illinois, asking remuneration for expenses incurred by them ($324 60) in the capture of one S. B. Calhoun, a fugitive from justice from Marion county.It was referred to the Committee on Claims.
Mr. HOWARD presented the proceedings of a Union meeting held last Saturday at Charlestown, the county seat of Clark county. He added his own personal gratification in being made the medium of communicating the judgment of the people of his county in favor of some amicable adjustment of our National difficulties, and of the appointment of commissioners to the Washington convention.
Mr. CAMERON submitted an amendment to the rules-for one session a day-which lies over one day.
Mr. SMITH, of Bartholomew, presented a resolution, which was adopted, that the Judiciary Committee inquire into the expediency of so amending the law, that where suits have been brought, judgment obtained, and execution issued, no other person than the proper officer shall be allowed to receive the amount of the debt, &c.
Mr. ROBERTS presented the petition of A. J. Cotton, which was laid on the table.
Mr. JENKINSON presented a letter from John L. Smithmyer, architect, employed by the Select Committee on the Northern State Prison to measure the work, &c., asking for authority to give him the right to examine all papers, contracts, estimates, drawings, &c., pertaining to said prison, now in the hands of liny of the officers thereof, or in the hands of the officers of State; accompanied with a joint resolution giving him that authority.
The joint resolution was adopted.
[A message from the Governor here transmitted the report of the commissioner appointed by the last General Assembly to investigate the office of the Agent of State in the city of New York.]
Mr. PROSSER submitted an order to limit speech in debate on the expected report of the Committee of Thirteen to ten minutes, which he subsequently withdrew.
On motion of Mr. VEATCH, the special order, viz : the consideration of the proposition for five additional bank districts, was postponed.
Mr. KENDRICK presented a memorial, embracing the account of George W. Griffith ($575 75) for repairs in the Library, which was referred to the Committee on Claims.
REPORTS FROM THE JUDICIARY COMMITTEE.
By Mr. VEATCH: Returning Mr. Branham's bill [1]-embezzlement bill-with verbal amendments, and two additional sect-ions, to the following effect:
SEC. 8. That if the Auditor of State draw his warrant on. the treasury when there is no money in the treasury belonging to the particular fund to pay it, in conformity with appropriations made by law, he shall be guilty of a misdemeanor, and, upon conviction if fined not less than $100 nor more than $1000, and imprisoned not less than one month nor more than six months.
SEC. 9. That if the Treasurer of State shall use the money of any particular fund for auy other purpose than that for which it has bee set apart and appropriated, he shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not less than $100 nor more than $5000, and imprisoned not less than one month nor more than six months.
The amendments were concurred in.
On motion by Mr. BRANHAM, the bill was laid on the table, 300 copies were ordered to be printed, and it was made the special order for Tuesday next at 2 o'clock.
By Mr. WOODHULL: Returning Mr. Cason's bill [35] to amend section 238 of the practice act, with the expression of opinion by the majority of the Committee, that it be laid on the table.
The report was concurred in.
By Mr. HEFFREN: Returning Mr. Speaker Allen's bill [13] for refunding license money illegally collected, with amendments, striking out the words, "with interest thereon from the time of payment," and adding a section 1 making it the duty of the commissioners to refund money collected from parties carrying on business in stocks and exchange.
The amendment was adopted and the bill ordered to be engrossed.
By Mr. EDSON: Returning the bill to amend section 466 of the practice act, and recommending its indefinite postponement. [The bill'was to provide that the sheriff may sell real estate on the premises instead of at the Court House.]
By Mr. WOODHULL:. Returning Mr. McClurg's bill [75] to amend section 412 of the practice act, and reporting such legislation inexpedient, and that the bill lie on the table.
By Mr. HEFFREN : Returning Mr. Moss's bill [21] to amend section 421 of the practice act, recommending indefinite postponement.
These reports were severally concurred in.
By Mr. EDSON , Returning Mr. Williams's bill [2,] declaring it to be a felony to let down fences and destroy cattle guards on the lines of railroads, reporting that the same lie on the table, and a substitute therefor, viz; a bill [159] declaring it to be a misdemeanor to leave open gates, let down fences, or destroy cattle-guards along the lines of railroads, and establishing a penalty therefor.
The report was concurred in, and the new bill passed to the second reading.
By Mr. CASON: Returning Mr. Black's resolution for defining an assault, and reporting a bill [160] to amend section one of the act with reference to misdemeanors punishable by a justice of the peace, approved June 17, 1852, which was passed to the second reading.
By Mr. WOODHULL: Returning Mr. At page: 141[View Page 141]kisson's bill [66] to amend section 476 of the practice act, with a recommendation of indefinite postponement.
The report was concurred in.
By Mr. VEATCH: Returning Mr. Jenkinson's bill [5] limiting the power of county commissioners in the assessment and collection of taxes, with a majority of the Commitee recommending indefinite postponement.
Mr. JENKINSON submitted a minority report insisting that the bill has merits, and if it becomes a law, it will induce economy in site county expendiures, prevent recklessaths, &c.
He said that the bill was one of the most important that the House would be called to legislate upon. The county of Allen had levied a county tax, last year, of ninety cents to the $100, and this year of sixty cents, whilst the average of the county taxes in the State was only thirty cents. He had a deep interest in the success of this bill, which limited the amount that could be levied by the county commissioners to fifty cents on the $100. For its passage he was in market, ready to reciprocate any aid that might be given him to pass the bill. Some members had court houses to see to, but these could be built under his law, with some delay. But if the county commissioners are to have no limit imposed on their power to levy taxes, they may take all a person has, and no such power should be granted them. It is said that the proper remedy is with the people, to elect a board of commissioners that reflects their opinions and wishes, but they are often deceived in the persons they may select. Hence these officers should not have the unlimited power conferred upon them. He called upon the friends of economy to give us this bill, and relieve the farmers of this State from paying rent instead of tax, and warned his Republican friends that if it was defeated, there would not be fifty Republicans left in Allen county. The bill had merits, and be wished its consideration to be laid over till Friday of next week.
Mr. FISHER suggested that the difficulties in Allen could be relieved by the people electing Republican officers; and he understood that they had taken it in hand and rendered this extraordinary legislation nearly unnecessary, by the election of a Republican county treasurer last October. [Laughter.]
Mr VEATCH said that the evil complained of was a local one, and it was not right to tie the hands of all the counties in consequence A majority of the committee were perfectly willing to yield to the gentleman from Allen all they could. But they considered it improper to enact a law that should govern and restrain the whole State merely to suit the views of the people of Allen. If the principle of the bill was right, we ought to take the power of taxation entirely out of the hands of the Board of Commissioners. We ought to have no bounty Commissioners, and repose this power somewhere else. Did he understand the gentleman to say that if we do not pass this bill, there will not be 50 Republicans left in Allen? Then suppose we do not pass it. The Democracy will have the control in Allen county, and certainly they can fix it to suit themselves. Who shall restrain the people? Besides they might have useful purposes to accomplish, as the building of Court Houses; and for such purposes the commissioners should have power to levy sufficient taxes, even as high as $1 on the $100 valuation. The hands of all should not be tied to accommodate the peculiar circumstances in Allen. From this view the committee made their report against the passage of the bill.
Mr. JENKINSON. If the bill don't pass, the pledge of Republicans on the stump will not be regarded. He exhorted them to be careful of their pledges.
Mr. BUNDY moved to suspend the order of business for the report of the Committee of Thirteen.
The motion was agreed to: and thereupon-
STATE OF THE UNION.
Mr. BUNDY from a majority of the Select Committee of Thirteen, reported back the Senate joint resolution No. 7 on the present condition of National Affairs, without amendment, and a recommendation that the same do pass.
The joint resolution was read by the Clerk. [See pages 57 and 58 of these Reports.]
Mr. BUNDY, in behalf of a majority of the same Committee, also returned the Virginia resolutions, stating that numerous other matters referred to them, with reference to the preservation of the Union, now before them, would be acted on at an early day, and reporting a new joint resolution [29] rehearsing the call of the State of Virginia, and other States, to unite in an earnest effort to adjust the present unhappy Federal controversy in the same spirit in which the Constitution of the United States was formed, in. a Convention of Commissioners from all the States to be held in the City of Washington on the 4th day of February, if it be possible to agree upon some plan of adjustment: and whereas, some States have responded to this call; therefore resolved, &c., That we accept the invitation of the State of Virginia in a spirit of fraternal feeling; and the Governor of this State is empowered to appoint five Commissioners to meet the Commissioners appointed by other States, &c. But restraining said Commissioners from acting so as to bind the State of Indiana, till nineteen other of the States shall have accredited their Commissioners to said Convention. That while we are not prepared to assent to the terms proposed by the State of Virginia, and have entire confidence that the Constitution of the United States contains ample provisions within itself for the correction of the evils complained of; still we are disposed to respect the pacific desire of the State of Virginia, and other States, evinced hy send page: 142[View Page 142]ing their Commissioners to the proposed Convention. But, as the time fixed is so near at hand that it must be impossible for all the States to be represented, it is expected that the Commissioners on behalf of this State will request the Convention to adjourn and give time for the delegations. That the Governor transmit copies, &c.
Mr. HEFFREN, in behalf of the minority of said Committee, submitted the following :
Mr. SPEAKER
: The undersigned, the minority of the Select Committee of Thirteen, to whom was referred the resolution proposing that this House adopt as their sentiments the proposition offered in the United States Senate by the Hon. John J. Crittenden, and to whom was referred the various resolutions of the House upon Federal Affairs, would report the following as their views upon the same:
They would say, without intending to cast any reflection upon the presiding officer of this House in the formation of said committee, that, in their opinion, justice, as well as all parliamentary usage and law, would say that the friends of the original proposition should have a majority upon the committee, and more especially when the original proposition or resolution was the Crittenden amendments. Afterward, a multitude of propositions and resolves were referred to said committee, upon which the committee once made a unanimous report, which was afterward recommitted. Upon all of the various propositions we will not speak in detail; but, being moved by an imperative sense of duty to our common country, we ask prompt action upon some scheme of adjustment that will preserve the Federal Union and restore tranquility to the country. Entertaining the most profound convictions of the blessings, as well as the threatened dangers of the Union, they are willing to make great sacrifices to perpetuate the one and avert the other.
At a time like this, when the foundations of the National Government are shaken, and its pillars are crumbling away, it is the solemn duty of every patriot of the land to discard all specious fallacies in regard to slavery-all blind resentments for supposed aggressions-all prided sectional animosities, and all partisan criminalities, and forgetting the mutual provocations of the past, bring all offensive doctrines and platforms all abstract theories and barren creeds-as sacrifices upon the altar of a common country.
The undersigned, entertaining these views, have been and now are willing to sacrifice their former political ideas, notions and opinions upon the altar of their country, for the sake of preserving the heritage our fathers left us. They are pained to witness the present excited and alarming state of the public mind, yet common justice seems to require that we should revert to the history of the past and see what it is that has brought our nation to the verge of dissolution. In doing so we must say that the continued agitation in Congress, the State Legislatures, and before the people by fanatical vagabonds, about the present alarming condition of affairs, anti-slavery lecturers, orators and stump speakers have, it seems to us, done all in their power to aid and assist in the great drama, and even professed ministers of God, men who hypocritically pretend to be ambassadors of the Most High, have descended, from their lofty position and prostituted their talents and the pulpit, soild the robes of religion, disgraced decency and outraged morality, by their infamous and hellish harangues to aid in the unholy and unchristian cause of bringing about contention and strife. Their whole theme has been of the wrongs another race upon whose very form the God creation has stamped the impress of inferiority that of the whites, and by their lectures, speech and sermons have pertinaciously continued the crusade until we now stand, as it were, upon the slumbering volcano with its hot, boiling lava rolling and thundering beneath our feet, and wanting but a breath to overwhelm all in a common ruin. Such is the terrible condition of our country to-day, and to this has she been brought by demagogues and fanatics until a portion of the people of the Union seek to preserve the rights by secession. Star after star has fallen in quick succession from the national firmanent and soon more will follow unless the gaping bleeding wounds of our country are staunched. Can we even hope for a return to justice by the North? We fear not. Madness seems to rule the day, the hour; reason and discretion seem to have fled their seats and left the impulses and passions of man to run riot. Love of country seems to be forgotten and patriotism banished from the hearts of men. Confusion and discord appear on every hand.
In this condition of our country, in the present disordered exigencies of the hour, the undersigned believe that every effort for conciliation should be exhausted, every offer of compromise duly and fairly considered and well examined; that we should meet our brethren of the South as patriot? and lovers of a common country, who, while sternly and properly protecting their own rights and liberties, would not infringe upon ours; that each and all should sacrifice partisan prejudices and opinions, however much we may dislike so to do so, for the good of our country, and accept any offer which is honorable and calculated to save the country and the liberties of the people, seems to us a plain duty as well as a patriotic one. In holding these views the undersigned would accept and respond to the invitation of Virginia for the appointment of Commissioners to confer with others at Washington City on the 4th of next February, and would accept the propositions known as the Crittenden, border State, or any other just and honorable scheme of conciliation and adjustment which will save the Union and forever settle the slavery question.
They would further say that they believe this Government "derives its just powers from the consent of the governed," and that it would become subversive of the very spirit of liberty and of natural right to attempt, by the strong arm of Federal power, backed up as it would be by the army and navy to coerce or compel the people of any State or States to remain an integral part of a Government they desire to separate from, and that we can not view but with serious alarm any attempt upon the part of the General Government to make vassels and serfs of the freemen of the country, to do homage to a great power at the
page: 143[View Page 143]point of the sabre or bayonet. If such a course should be pursued, and be successful, the free citizen of Indiana would have of his liberties worth the name, and when a dominant party, placed in upon the very question which is now disrupting the Government, attempts to enforce its political creeds and dogmas at the point of the bayonet and at the cannon's mouth, it becomes every freeman to say whether he will assist in the hellish scheme or whether he will stand idly by and see despotism flourish, or whether he shall take the part and espouse the cause of those who shoulder their arms to protect and preserve their rights and liberties. We believe we will be safe in saying that we speak the sentiments of more than one hundred thousand of the freemen of Indiana, that we will not assist in the scheme, that we will not stand idly by, but remembering the illustrious examples of their fathers, fight to keep the fires of equal rights, justice and liberty burning Yet, desirous as we are of preventing any collision between the people of any State or States and the Federal Government, or between the people of the several States, to avoid the horrors of & civil war with all its conconimitant train of evils, to avoid the shedding of blood, the ravaging of villages, the sacking of cities, and preserve and if possible transmit unimpaired to our posterrity, the best Government ever established, maintain our station among the nations of the earth and still preserve our land and nation as an asylum for the oppressed of all nations, would report for adoption the following joint resolution:
Be it resolved, by the General Assembly of the State of Indiana, That in the opinion of this General Assembly, commissioners should be appointed to meet commissioners of other States, on the 4th of February next, in accordance with the request of the General Assembly of Virginia, and that Henry S. Lane, Caleb B. Smith, William T. Otto, Cyrus L. Dunham and Thomas A. Hendricks be and they are hereby appointed such commissioners to proceed to Washington City without delay, to meet the commissioners of other States, to consult upon the present alarming condition of the country, and that they report their action to this General Assembly.
Be it further resolved, That we accept, as a basis of settlement, the propositions of Hon. John J. Crittenden, made in the Senate of the United States.
Be it further resolved, That our Senators in Congress be instructed, and our Representatives be requested to use all their influence to have said propositions accepted by Congress, and that they do all in their power to have a convention of delegates to amend the Constitution.
Be it further resolved, That the people of Indiana should have occasion to express their opinions upon said propositions at the ballot-box; therefore, we do recommend the passage of a law, as soon as possible, to allow the people to vote for or against such proposition, on the 22d day of February next.
Resolved further, That we are willing to accept any honorable measures of pacification of tne present difficulties to save our country, the Union and the Constitution.
H. HEFFREN, C. B. KNOWLTON, LEWIS PROSSER, WM. E. McLEAN, M. JENKINSON.
The SPEAKER. The Chair is satisfied that no personal reflections could have been intended in the minority report, just read. The Chair recognizes fully the doctrine laid down in the report. The Chair may have misapprehended the object for which the Commiteee was raised. He is of opinion the object was to devise some means by which the present unhappy federal difficulties may be settled within the Constitution; and, with that understanding of the object, he is not conscious of having violated any parliamentary rule in the appointment of the Committee.
Mr. STOTSENBERG suggested that it was important that immediate action should be had on the second series of resolutions reported by the majority-the joint resolution [29] with respect to the appointment of Commissioners.
Mr. VEATCH submitted an order, which was adopted, limiting speech in debate on said resolutions to thirty minutes, and closing the debate next Friday.
[Mr. Boydston, Mr. Smith, of Bartholomew, and Mr. Holcomb obtained leave of absence for two days.]
On the motion of Mr. STOTSENBERG, the joint resolution [29] was taken up. lie then proposed to concur, with an amendment, inserting after the word "represented," to the following effect:
Whereas, the southernmost States of the Confederacy have dissolved their connection with the Government of the United States; and whereas, it is to be feared that other of the Southern States will shortly take the same steps, unless some gnaranteee of their rights can be agreed upon that will meet the approbation of the conservative masses, and bring back the seceding States into the Union; and whereas, the plan of adjustment, proposed by the Hon. John J. Crittenden is known to bs acceptable to them, and they have been recommended by numerous Union meetings held in the State of Indiana and other Northern States; and whereas, the people are the source of all political power, and it is proper and right that an expression of the views of the people of the State of Indiana should he made on the Crittenden propositions, to serve as a guide for the action of her commissioners in said convention ; therefore,
Resolved, That, said propositions be submitted to the people of the State of Indiana at, a special election to be held on the 22d day of February next, and that at such election the electors of the State at large shall proceed to vote either For the Crittenden Propositions and the substance thereof, or Against the Crittenden Propositions and the substance thereof.
Mr. STOTSENBERG said that so far as the appointment of the Commissioners is concerned, there was no difference as to the propriety of sending them, but there was a great difference as to the instructions to bo given to them. The report of the majority contained page: 144[View Page 144] no definite basis of settlement, upon which the compromise was to be made by the Convention of Delegates. The report intimates that the minds of the Committee have not yet been made up on this matter. It leaves untouched that difficult question upon which rested the pacification of the country. In this perilous condition, what better can be done than to refer the whole question to the people of the State ? So far as we have heard from them, and many meetings have been held, they have spoken out in favor of the Crittenden amendments. These contain the only proposition of compromise considered by the people. If their voice is heard from Indiana, it will have a powerful influence in composing the strife between the States.
The yeas and nays were demanded and taken thereon, resulting-yeas 38, nays 60-as follows:
AYES-Messrs. Atkisson, Black, Boydston, Brett, Clark, Collins, of Huntington, Combs, Dashiel, Davis, Edson, Fleming, Ford, Gifford, Hayes, Heffren, Holcomb, Horton, Howard, Jenkinson, Kitchen, Knowlton, Lods, McClurg, McLean, Moss, Mutz, Owens, Packard, Pitts, Polk, Prosser, Prow, Robbins, Roberts, Smith, of Bartholomew, Stevenson, Stotsenberg, Trier, and Warrum-38.
NAYS-Messrs. Anderson, Bingham, Branham, Brucker, Bryan, Bundy, Burgess, Cameron, Campbell, Cason, Collins, of Adams, Cooprider, Grain, Epperson, Erwin, Feagler, Ferguson, Fisher, Fordyce, Fraley, Frasier, Gore, Gresham, Grover, Hall, Harvey, Haworth, Henricks, Hopkins, Hudson, Kurd, Jones, of Tippecanoe, Jones, of Vermillion, Jones, of Wayne, Kendrick, Lane, Lee, Lightner, Moody, Moorman. Nebeker, Newman, Orr, Ragan, Randall, Sherman, Sloari, Smith, of Miami, Thomas, Thompson, Turner, Underwood, Veatch, Wells, Williams, Wilson, Woodhull, Woodruff, Woods, and Mr. Speaker-60.
So Mr. Stotsenberg's amendment was rejected.
Mr. STOTSENBERG proposed again to amend, by striking out the words, "while we are not prepared to accept the terms of settlement proposed by the State of Virginia," and inserting these words, " while we at present express no opinion on the terms," &c.
Mr. PROSSER proposed to amend the amendment, by striking out "nineteen States," and inserting "ten States."
The SPEAKER decided the latter out of order.
Mr. Stotseriberg's amendment was rejected by-yeas 38, nays 60.
Mr. HEFFREN proposed to amend, by taking the appointment of the commissioners from the Governor, and naming them in the resolution, viz.: Henry S. Lane, Caleb B. Smith, Wm. T. Otto, Cyrus L. Dunham and Thomas A. Hendricks, be and they are hereby appointed said Commissioners, and that they report their acts and doings to this General Assembly, and that all that part of the joint resolutions which prevents the Commissioners from acting until nineteen States are represented, be stricken out.
Mr. HEFFREN. Mr. Speaker, I have but a very few words to say, and shall reserve what further I have to offer, till we come to the discussion of the entire report. While the General Assembly is in session, I see no reason or justice in putting into this joint resoultion a transfer of the power of this into the hand of one man. I for one have been always and will be always opposed the one-man power. When Andrew Jackson was President, we heard a great deal said by the enemies of the Democratic the one-man power. But a change here seems to have come over the spirit of their dreams. While I believe Governor Morton actuated by a desire to do his and especially his party some service in these appointments, I am still unwilling to put this power into his hands. I prefer to appoint by the Legislature a man who has just been elected by about 10,000 majority, Governor of the State-a man of whom it has been the pride of the Republican party to follow wherever he dared to lead, and who has been but the other day elected here by Republican votes to the highest position, which by his acknowledged talents he is fitted to adorn. Why is it that Republicans here should be afraid to trust such a man ? Why should gentlemen be afraid to trust William T. Otto, a man of the first order of talents, and who was never suspected of being contaminated with Democracy ? And why should they be afraid to trust that other man whose locks are white with years, and whose brow they are now endeavoring to encircle with the honors of the Secretaryship of the Interior? When men like these are proposd, why is it that you are afraid to send them to Washington in these times of peril, to see if there may not yet be devised some scheme of adjustment and compromise to save the Union. I offer also two Democrats. But rather than there should be a waiver of this principle of appointment, I would beg to add two other Republicans in their places. I would be willing to say, send five Republicans; but, in God's name, give the representatives of the people the right to say who they want to represent them in this most important and responsible mission. Why tarn these appointments over to the hands of one man ? I cast no reflections on the Governor. I have heard imputation! cast upon former Governors because of too much power lodged in their hands. But we have no assurance who he will appoint. Here we recognize the right of the majority which the Republican party have gained at the polls. This amendment offers men of your own choice, distinguished for talent and public service; and I for one am willing to lay aside my Democracy for the time, so far as to be willing to vote for these men. And it will be the first time in my life that I ever voted for a man opposed to my party. And I am willing to add two more. Why then, I repeat, will you not trust yourselves and your own and your country's cause in the hands of your own trusted leaders? Are you afraid of your own shadow? afraid that your own hearts will swerve from the path of duty and recti page: 145[View Page 145]tude? Have you more confidence in the Executive than you have in yourselves? It seems to that these questions come home to you. Besides this, the State Constitution prescribes that the officers shall be elective; and also, all Governor cannot appoint when the Legsilature is in session. Why not let a spirit of harmony once prevail in these halls, and it us strike hands like brothers in this hour of our country's peril? Why not recognize our constitutional rights as represenatives of the people of Indiana, and act, upon those rights in the selection of these commissioners to act in the name of the people ? The other amendment which I propose strikes out the provision that these commissioners shall not act until nineteen States shall be represented. I think that kills be whole thing. I have no idea that so many as nineteen States will be represented in the Washington convention. Have we no desire to take part in the consultations of that body ? Then, in the name of justice, let us not tie up the hands of our commissioners, and say that they shall not act until nineteen States shall be represented. Sir, I am opposed to the resolutions on these grounds; and I can not allow them to pass without making an effort to resist this restriction, and proposing that the Legislature shall make the selection of these commissioners. I think that is the true doctrine. And I say, take your five commissioners, gentlemen; you have got the power, and we accord it cheerfully. Take and send your own men, and our hearts shall go with them into the chamber of their consultations at Washington. And if they can all be convinced that the Southern States have no right to be heard-no rights that ought to be respected-then I shall be ready to vote with you and say that the people have no right to be heard, and their representatives ought to be mere automatons in the hands of the Governor! I say again, in a spirit of friendship to the majority here, give us these commissioners-three Republicans and two Democrats, or give us five Republicans; but give us a voice in saying who they shall be, and then untie their hands. When you shall have done that, I am willing to go with you for the report. I do hope, sir, that our mouths will not be closed as to the choice of the commissioners-that the mouths of the representatives of freemen will not be closed, and themselves transferred, like cattle in the shambles, by a Governor who holds his office now by an accident.
Mr. DOBBINS was satisfied that Henry S. Lane and other Republicans named in the amendments would not fairly represent the people in the Washington convention; but still, for the sake of reciprocating the invitation to an amicable adjustment of National difficulties, he would vote for them. He would even vote for five Republican commissioners, father than refuse to make an expression in favor of the perpetuation of our National Union.
The amendment was rejected by the same votes-yeas 38, nays 60.
Mr. PROSSER proposed to amend, by striking out all that relates to the appointment of Commissioners, and inserting Henry S. Lane, Caleb B. Smith, Wm. S. Otto, John P. Usher, and Thomas S. Stanfield.
This was rejected by-yeas 36, nays 60.
Mr. EDSON proposed to amend, by inserting a clause requiring the Governor to make the appointments at his earliest convenience; and requiring the Commissioner so appointed to proceed immediately to Washington, &c.
Mr. DAVIS proposed to amend further by striking out "19," and inserting "ten," but withdrew upon recollecting that this had been voted down.
Mr. EDSON said it did seem to him his resolution should have favor. He was in earnest. Much depended on our action to-day. There was nothing of a partizan character in his amendment. The only question was as to time. He exhorted all to join in this effort. There was but one way, in the opinion of many, in which the Cotton States could be brought, and that was coercion, He was for conciliation, and had hope in the Border States Convention. The Legislature would be in session at the same time with that Convention, and our Commissioners could communicate and advise with this body hereafter. Everything depended on immediate action.
Mr. GRESHAM saw no necssity for the amendment. There was no doubt the Commissioners would be speedily appointed.
Mr. EDSON had understood differently.
The SPEAKER reminded Mr. Edson of that part of the resolution which requires the Commissioners to be there and ask for an adjournment till other States might come in.
Mr. HEFFREN proposed to amend the amendment, by adding, "and we accept as a basis of settlement the Crittenden propositions offered in the Senate of the United States."This last was rejected by yeas 38, nays 60.
Mr. EDSON then had leave to withdraw his amendment.
Mr. HEFFREN now again proposed other Commissioners, viz.: Henry S. Lane, William T. Otto, Caleb B. Smith, William K. Edwards, James E. Blythe.
Mr. SMITH, of Bartholomew, would strike out "Caleb B. Smith."
Mr. FRASIER gave notice that if this course was further persisted in, he would demand the previous question.
The SPEAKER, Tbe previous question would not be in order, because a resolution has been passed limiting the time when debate should close.
Mr. BUNDY moved to lay Mr. Fisher's amendment on the table.
It was agreed to, and the question recurred on Mr. Heffren's amendment. The yeas and page: 146[View Page 146] nays being demanded and taken thereon, resulted-yeas 36, nays 60; so the amendment was rejected.
[A message from the Senate returned their joint resolution directing the Treasurer of State to call in the revenue.]
The question was now taken by yeas and nays on the adoption of the joint resolution [29] reported by the majority of the Committee, resulting-yeas 90, nays 5-as follows
AYES-Messrs. Anderson, Atkinson, Bingham, Black, Branham, Brett, Brucker, Bryan, Bundy, Burgess, Cameron, Campbell, Cason, Clark, Collins, of Adams, Collins, of Huntington, Combs, Cooprider, Grain, Dashiel, Davis, Edson, Epperson, Erwin, Feagler, Ferguson, Fisher, Fleming, Ford, Fordyce. Fraley, Gifford, Gore, Gresham, Grover, Hall, Harvey, Haworth, Hayes, Henricks. Holcomb, Hopkins, Horton, Hudson, Kurd, Jenkinson, Jones, of Tippecanoe, Jones, of Vermillion, Jones, of Wayne, Kendrick, Lane, Lee, Lightner, McClurg. McLean, Moody, Moorman, Moss, Mutz, Nebeker, Newman, Orr, Owens, Packard, Pitts, Polk, Prosser, Prow, Ragan. Randall, Bobbins, Roberts, Sherman, Sloan, Smith, of Miami, Stevenson, Stotsenberg, Trier, Thomas, Thompson, Turner, Underwood, Veatch, Warrum, Wells, Williams, Wilson, Woodhull, Woodruff, and Mr. Speaker-90.
NAYS-Messrs. Heffren, Howard, Kitchen, Lods, and Woods.
Messrs. Dobbins, Edson, McLean, Owens, Packard, Polk, Robbins, Roberts, Stotsenberg, and others voted affirmatively under protest. They did not like the report, but desired the commissioners.
Messrs. Heffren, Kitchen and Smith, of Bartholomew, made brief explanations for their negative vote.
Mr. COLLINS, of Adams, voted for the resolution authorizing the Governor to appoint five commissioners, &c., &c., for the reason 1st. That the Union is above all price. 2nd. The invitation of Virginia is friendly and patriotic, and should be responded to. 3rd. I vote for the resolution- because 1 think it is the best thing we can get in this General Assembly; and 4th. I entertain some hope that the commissioners whom the Governor may appoint will become more patriotic, when they get beyond the influence of this Legislature and its surroundings.
Mr. POLK. In voting in favor of the resolutions reported by the majority of the Committee of Thirteen, favoring the sending of Commissioners to meet the Commissioners oi Virginia at Washington, on the 4th day of February next, I did not consent that those Commissioners go in any way trammeled in their action, which the resolutions do, by plain implication : Nor did I consent to the unfair requirement that nineteen States shall be represented before said Commissioners shall act. for the reason that no more than nine slaveholding States, which still acknowledge their allegiance to the Federal Constitution, will be represented ; hence the non-slaveholding States must necessarily control the Convention at the start. To say the least of it, it shows an unwillingness on the part of the State of Indiana to meet her sister States of the South on an equality. I, therefore, make this my protest.
Mr. STOTSENBERG said: While I have individual confidence, which cannot be shaken by partizan feelings, that the Governor will appoint good men, I would have preferred that the General Assembly could have appointed them. I am not desirous to vote that we prepared to assent to the terms proposed bv Virginia, because I believe we ought not to bind the Commissioners in such a manner, in the face of the innumerable petitions and requests of our people, which have been poured in upon us, and because I think that, as the resolutions themselves contemplate delay, we ought to give the people of our State an opportunity to be heard on the question of adopting or rejecting the Crittenden propositions, as there is ample time therefor.
But rather than not respond to the patriotic call of our old mother, Virginia, I will vote for the resolutions, for I am anxious that & commission should be appointed somehow and in some manner.
Mr. ROBERTS (explaining.) Mr. Speaker; I believe that the people of my county, irrespective of party, are in favor of the appointment of commissioners to the Border States' convention, to be held at the city of Washington on the 4th of next February. In view of this fact, sir, and also of the fact that the majority report of the Committee of Thirteen contemplates the appointment of commissioners, though in a manner somewhat objectionable, I shall vote aye, reserving to myself the right of entering on record my objections to he report in the main.
So the report of the majority was concurred in.
AFTERNOON SESSION.
Mr. GROVER (under a suspension of the order of business moved by Mr. Moody,) returned Mr. Moody's bill [119,] concerning the state, county, township, and road tax of Newton and Jasper counties, recommending its passage; and the same was ordered to be engrossed.
On motion by Mr. MOODY, it was (under a dispensation of the constitutional provision) considered as engrossed and passed the first reading in the House-ayes 79, nays 2.
On motion by Mr. FISHER (by unanimous consent,) the bill [S. 79] fixing the times of Common Pleas in the counties of Wabash, Miami, Coss, Fulton and Kosciusko, with his amendment, "making all writs, papers, &c., issued by the Wabash Common Pleas, returnable," &c., was passed through the several stages in the House of Representatives-yeas 90, nays 0.
Mr. SMITH, of Bartholomew, from his committee, reported a bill [161] to amend the 11th section of the treasury system act of March 1, 1859, and it was passed to the second reading.
On motion by Mr. McLEAN, it was ordered that 200 copies of Mr. Veatch's bill for five additional bank districts be printed for the use of the House.
