THE LIQUOR LAW.
Mr. DICKINSON, from the Temperance Committee, returned Mr. Line's bill [S. 8-see page of these Reports] recommending its consideration by the Senate. The report was concurred in.
NEW PROPOSITIONS.
The following bills were severally passed the first reading, without objection:
By Mr. CONLEY: [112] To regulate the remission of fines and forfeitures, and repeal all acts in conflict therewith.
By Mr. O'BRIEN: [113] To amend section 144 of the practice act, approved June 18, '52, requiring the Sheriff to serve a copy of a writ of inunction on the adverse party.
By Mr. NEWCOMB: [114] For the relief of borrowers of public and trust funds, prescribing how mortgages may be substituted, &c. Also [115] to amend sections 2 and 5 of an act authorizing the Commissioners of the Sinking Fund to receive substitution of stock mortgages, approved January 28, 1847; which bills were severally read the second time by title only, (the rules being suspended for that purpose-yeas 37, nays 1, yeas 35, nays 1)and referred to the Judiciary Committee.
By Mr. CLAYPOOL: [116] to amend sec. 7 of the act providing for the election of Supreme Court Reporter; approved February 5, 1852.
By Mr. STUDABAKER: [117] To authorize and require clerks of the Circuit and Common Pleas Courts to enter satisfaction of certain mortgages, and providing compensation therefor. On Mr. Anthony's motion, the rules were suspended-yeas 36, nays 0-the bill read the second time by title only, and referred to the Judiciary Committee.
By Mr. COBB: [118] Fixing the time of holding the Circuit Courts in the 14th Judicial Circuit; rules suspended-yeas 36, nays 1-read the second time by title only, and referred to the Committee on the Organization of Courts.
By Mr. COBB: [119] to amend sec. 6 of an act touching the laying out and locating of of towns, streets, alleys, &c.; approved March 20,1852.
By Mr. TEEGARDEN : [120] Supplementary to an act to repeal all general laws now in force for the incorporation of cities, &c. ; approved March 9, 1857.
By Mr. CLAYPOOL: [121] Supplemental to an act regulating the business of banking; approved March 3, 1855 ; to authorize the Auditor and Treasurer to surrender securities and moneys deposited in certain cases: rules suspended-yeas 36, nays 0-read the second time by title only, and referred to the Committee on Banks.
By Mr. CARNAHAN: [122] To provide for the establishment of private roads on dividing lines between lands of adjoining proprietors.
By Mr. FERGUSON: [123] To amend sec. 601 of the Practice Act, approved June 18, 1852.
FEDERAL RELATIONS.
The PRESIDENT announced the consideration of the minority report of the Committee on Federal Relations-identical with joint resolution [S 4] on pages 44 and 45 of these Reports.
Mr. RAY, in behalf of a minority who voted for the resolution sending commissioners to Washington, submitted their protest, which was ordered to be spread upon the journals, as follows:
Mr. President:
The undersigned, Democratic members of the Senate, having voted on Thursday last in favor of the joint resolutions authorizing the Governor to appoint five commissioners to attend the conference of States at Washington city on the 4th of February, proximo, and having voted under protest, respectfully submit the following reasons for their vote, and ask that the same be spread on the journals of the Senate.
We voted for the resolutions,notwithstanding the conditions and limitations imposed by them on the discretion and action of the commissioners, because we were deeply impressed, not only with our own responsibilities, but with the magnitude of the issues involved in the result of the proposed conference, and we hailed with pleasure any proposition coming from the Republican majority, which looked towards a peaceful solution of the grave controversies threatening our existence as a Nation.
But while it was our pleasure to support the resolutions appointing said commissioners, we respectfully protest against sending commissioners to said conference with all discretion withheld, and all power abrogated, by the resolutions of their appointment, as amounting to a mocking of the patriotic ends of the conference proposed by Virginia and Kentucky, as trifling with the solemn facts and portentous signs of a revolutionary hour.
We protest against the provision prohibiting the commissioners to act until nineteen States shall be represented in the conference, as evincing a purpose of preserving the politic forms of negotiation, while the powers to negotiate are withheld.
We protest, also, against the provision of said resolution requesting the postponement of said conference, because every day's delay weakens the bonds of Union, and forces into view new obstacles to the peace and tranquility of the country.
page: 164[View Page 164]We also protest, because the resolutions do not indicate any, but virtually deny all, means of settling our National controversies by other means than the sword.
And we especially protest against the Implied hostility contained in the resolution, to all measures of conciliation and compromise, as well as against the unfriendly and reluctant manner in which it has pleased the majority to respond to the fraternal invitations from Virginia and Kentucky, as manifesting a settled purpose to insure the failure of the conference.
J. N. CONLEY, THOMAS E. COBB, M. W. SHIELDS, S. K. WOLFE, FRANKLIN LANDERS, SMITH JONES, JOHN C. SHOEMAKER, H. K. WILSON, M. M. RAY, THOMAS SHOULDERS, QUINTIN LOMAX, ARCH. JOHNSTON, M. T. CARNAHAN, A. B. LINE, C. P. FERGUSON, CORNELIUS O'BRIEN, W. C. TARKINGTON
On motion by Mr. BLAIR the consideration of the report was postponed till Thursday next at 10 o'clock.
QUALIFICATION OF WITNESSES.
Mr. Newcombs bill [S. 5-described on p. 13 of these reports]-being read the third time-
Mr. NEWCOMB said: Under the provision of the act of '52 there is a section which is construed into authority to assign by simple delivery notes and accounts. Under that practice the system has grown up of assigning, so that a party owning them could become a witness really in his own behalf, while the mouth of the defendant has been closed. This bill is to remedy that abuse-to give the defendant the same privilege, so both sides may be heard; and is not confined to any particular cause of action but to all causes.
The bill finally passed by yeas 34, nays 7.
APPRAISERS OF REAL ESTATE.
Mr. Cravens's bill [S. 12see page 25] being read the third time-
Mr. CRAVEN said: This bill I presented at the instance of members of the bar and judges in my county. A difficulty seems to present itself with regard to the construction of the act of '52. That act does not indicate where the appraisers may be taken from; while this bill provides that the appraisers shall come from the county wherein the land is situate.
Mr. CLAYPOOL. I could not give my consent to this bill for the reason that if lands are lying in contiguous counties, one set of appraisers are as competent as would be a set in each county, as the bill provides, which would add on a large expense to estates, already over-burdened with taxation of costs. I know of no branch of law where the expenses are so little cared for as that of the settlement of decedent estates. I would suggest that the bill be modified, so as to read that in cases where the land is situated in one or more counties the court shall appoint, if necessary, &c.
Mr. CRAVENS. I can see no objection to the amendment.
The amendment was agreed to by consent, and the bill, as amended, finally passed by yeas 40, nays 0.
QUAILS AND PHEASANTS.
Mr. Claypool's bill [S. 19] being read the third time-
Mr. C. said: This bill provides for the taking of pheasants and qnails the same length of time as is provided in the present law only, it commences one month later in the fall continues one month later in the winter [from the first of November to the first of February. It also decreases the penalty one half]
Mr. CONLEY made an ineffectual motion to recommit with instructions to amend, so as to allow persons to kill on their own premises at any time.
The bill was finally passed by yeas 29 nays 10.
AGRICULTURAL BOARD ANNUAL MEETING
Mr. Line's bill [S. 24] being read the third time-
Mr. L. said: This bill simply requires the State Board of Agriculture to hold their yearly meeting on the "Tuesday" instead of the "Thursday" after the first Monday in January It was under instructions from my own Agricultural Society that I introduced the bill.
The bill was finally passed by yeas 39' nays 0.
THE STATE BORROWING MONEY.
On motion by Mr. TARKINGTON the bill [H. R. 104-see page 111 and 117, laid on the table last Monday]was taken up and read.
Mr. ANTHONY made an ineffectual motion-yeas 15, nays 22-to lay on the table the pending motion to recommit with instructions to strike out the words " sinking fund " and " seven per cent." wherever it occurs, and insert the words "Bank of the State of Indiana" and "six per cent."
The motion to recommit was then agreed to.
LEAVE OF ABSENCE
Was obtained for Mr. DeHart during the week.
TRESPASS ON LANDS.
Mr. Turner's bill [S. 29-see page 45] being read the third time-
Mr. T. said : The only change made in the present law is the addition of imprisonment in the county jail not exceeding twelve months. In a great many instances those who are most frequently guilty you cannot collect a fine from, and the only mode of correcting such would be by imprisonment.
Mr. SHIELDS. I hope the bill will pass. It is certainly very much needed. Mr. S. recited a case to the point, of recent occurrence.
The bill was finally passed by yeas 38, nays 2.
THE PROTECTION OF FISH.
Mr, Claypool's bill [S. 40-see page 46] being read the third time-
Mr. MILLER. I move to recommit that bill with the following instructions: "Amend so as to include the St. Joseph river in the proviso in the first section."
Mr. LINE. I find myself peculiarly situated with regard to this bill. There was sent up to me a petition, numbering some 200 page: 165[View Page 165] names, asking for a similar law. I have received no remonstrance, but I have received a note from some of my constituents, saying it would be doing them a wrong in consequence of the interest some of them have in seines and other fishing tackle. I believe it would be placing me right to ask a recommittal with additional instructions to admit to fish with seines from the first of September to the first of March.
Mr. ODELL. I move the following additional instructions, "except the Tippecanoe river."
Mr. CARNAHAN. I move that the bill and pending instructions be indefinitely postponed.
Mr. MARCH. I am not prepared to vote for the bill as it is. If there was some provision put in the kill by which they could be taken at certain periods, so as not to destroy the fish altogether, I would vote for it.
Mr. LINE (interrupting.) My proposition is to limit the time from the first of September to the first of March.
Mr. MARCH. I could vote for that.
Mr. TEEGARDEN. I am decidedly opposed to the bill in every shape and form.
Mr. CLAYPOOL. I have no particular interest in this bill, but it won't do for the gentleman from Franklin to back down from it, for he is instructed by a petition as long as the moral law. In obedience to instructions from my constituents I drafted this bill, which is verbatim, except the provisos, with the law of Ohio. It is time for the State of Indiana to protect not only her game, but her fish. I hope Senators will not legislate against the interests of any portion of the State, but look at this matter in its proper light.
Mr. BLAIR. I would be glad to vote for the bill if amended in some few particulars. I move to lay the motion to postpone on the table.
The motion was agreed to by yeas 20, nays 13.
Motions to recommit, with instructions to amend, were made, as follows:
By Mr. WOLFE: Except the streams in or bordering on Harrison or Washington counties.
By Mr. LANDERS: Except White River and White Lick.
By Mr. TURNER: Except Lake Michigan and the Kankakee and Calumet rivers.
By Mr. COBB: Except White river, Salt creek, Indian creek, Leatherwood, and Spider creeks, in Lawrence county.
By Mr. LOMAX: Leave out Orange and Crawford counties.
[Mr. LINE made an ineffectual demand for the previous question.]
By Mr. CONLEY: To permit the people of Greene and Owen counties to seine or fish in any stream in either of said counties.
By Mr. BEARSS: Except Eel river.
By Mr. FERGUSON: It is held not to be lawful for any persod to catch fish from any streams in this State, when said fish refuse to bite. [Laughter.]
By Mr. RAY: Except Play river, Flat Rock, Sugar creek and Brandywine, in Shelby and Hanoock counties.
By Mr. SHOULDERS: Strike out Dubois, Pika and Gibson counties.
By Mr. HALL: Except White river, Sugar creek and salt lick, in Randolph county.
Mr. MURRAY made an ineffectual motion-yeas 18, nays 21-to lay these instructions on the table.
Mr. MARCH. I believe there is a majority of this body in favor of some legislation on this subject, and I trust we will not make ourselves ridiculous in endeavoring to load this bill down with instructions. These amendments, I suppose, every one of them to be out of order, for the reason that they propose local legislation.
Mr. WOLFE. I am free to say I am opposed to this bill in any shape or form that gentleman can get it up. I believe that fish and wild fowls are the property of the first takers, and I am opposed to limiting the right; I think it wrong and arbitrary.
Mr. MILLER. I don't care anything about fishing; but we have a dam at South Bend, across the St. Joseph river, which cost $40,000, another at Mishawaka, which cost $35,000, and numerous dams across the streams all over the country there. I thought the first instructions I proposed would meet that objection, but believing now it does not, I offer the following additional instructions: " That the provisions of this bill shall not affect dams for water power already erected or heretofore to be erected."
Mr. RAY. I object to the bill may-be, because I have no taste for fishing. It is an inalienable right to fish it is said, and where there is a right there ought to be a remedy, yet gentlemen propose to cut off our remedy.
Mr. MURRAY (interrupting.) I would ask the gentleman if he believes all men have that right?
Mr. RAY. Except niggers. [Laughter.] If the bill has any application to streams, big or little, in Shelby or Hancock counties, I propose to vote against it.
Mr. CLAYPOOL. The provisions of that bill are intended to cover all the small streams in the State. Science is developing the fact and intelligence is making it known that there is not a bird that floats upon the atmosphere but what is for some great and good purpose. No gentleman can tell me whether the destruction of fowls has not brought about the potato rot.
Mr. RAY (interrupting.) I can answer if the gentleman can answer me whether the potato rot has produced the destruction of the fowls.
Mr. CLAYPOOL. I cannot answer. I should like to see the bill recommitted with the proper instructions; I care not what they may be.
[The President laid before the Senate a communication from the Superintendent of the Deaf and Dumb Asylum, inviting Members to an exhibition of pupils under his care; in compliance with a House resolution, at Masonic Hall next Friday evening.]
The Senate then adjourned.
