HOUSE OF REPRESENTATIVES.
TUESDAY, March 5,1861.Mr. GROVER said he desired to introduce two bills to amend the assessment act, so as to make it conform to the new school bill, if it should pass; and he obtained leave to introduce them, viz :
A bill [341] to amend the 103d section of the assessment act of, June 21, 1852, amended in section one of the act of March 5, 1859: and
A bill [342] to amend section 124 of the assessment act: which were passed to the second reading.
Mr. McCLURG: [343] Authorizing county commissioners to levy a tax [not exceeding 25 cents on the $100] in certain cases, for the completion of local improvement, and defining how the same shall be collected and disbursed and on his motion, (the rules and constitutional provision being suspended for the purpose,) it was read twice, and referred to a select committee-Messrs. McClurg, Black and Brett.
Mr. BRYANT: [344] To provide for the payment of witnesses and sheriff fees in criminal cases : which was passed the first reading.
Mr. CAMERON obtained leave to submit a concurrent resolution, which was adopted, that the General Assembly go into a joint convention in the Hall of the House of Representatives at 2 o'clock this day, for the purpose of going into an election of two Sinking Fund Commissioners.
Mr. VEATCH, from, the Committee on the Judiciary, returned Mr. Shoemaker's bill [S. 26] supplemental to the act *to provide for the re-location of county seats &c., of December 23, 1859, so as to provide that the trustees created by the act to which this is a supplement shall constitute bodies politic, with an amendment adding:
SEC. 6. Each and every organization effected under the provisions of this act shall take the name and style of --- Academy.
Which amendment was ordered to be engrossed.
Mr. JONES of Tippecanoe, from the Committee on the Organization of Courts, returned Mr. Prow's resolution, for allowing excutors and administrators to sue before a justice of the peace, and reported that the existing statutes are sufficient: which was concurred in.
Mr. GRESHAM, from the Committee on Military Affairs, returned his bill to authorize the Governor to obtain possession of all government arms and military equipments belonging to the State, recomending its passage.
Mr. DAVIS proposed to amend by inserting: " within the last 12 years." He did not want the old, no account arms.
Mr. BLACK, said he had had the care of a stand of arms for the last 18 years, and that they were still in good order.
On motion of Mr. GRESHAM, the amendment was laid on the table-yeas 54, nays 23, and the bill was ordered to be engrossed. On his further motion, the bill was considered as engrossed and passed the third reading-yeas 57, nays 29.
Mr. Hurd had leave of absence-sick.
Mr. PROW, from the Committee on Roads, returned Mr. Ferguson's fence bill [55] with an amendment by way of substitute, entitled a bill [345] for the erection of swinging gates across county and township roads, where such roads cross streams of water large enough to ferry, but where no ferry is kept; and providing a penalty for leaving such gates open: which was passed to the second reading.
Mr. WELLS, from the Committee on Roads, returned Mr. Anderson's bill [141] to amend the supervisors' act, recommending legislation inexpedient: which was concurred in.
He also returned Mr. Bundy's road bills page: 342[View Page 342] [267, 271] recommending passage: and they were ordered to be engrossed.
Mr. BRETT, from the Committee on County and Township Business, returned the committee's assessment bill [262] recommending passage. It was ordered to be engrossed.
Mr. PARRETT, from the Committee on Corporations, returned Mr. Speaker Allen's Louisville and St. Louis bill [326], recommending its passage. It was ordered to be engrossed.
On motion of Mr. PARRRTT, it was considered as engrossed.
Mr. GRESHAM explained the bill. The change of name was to make it intelligible to European capitalists, whose money was expected to build the road principally.
The publication clause was stricken out, by unanimous consent, and so the bill was passed the third reading: yeas 86, nays 1.
Mr. STOTSENBERG made an ineffectual motion to dispense with the order of business, and take up the General Appropriation bill.
APPORTIONMENT OF REPRESENTATION.
Mr. CAMERON, from the Select Committee hereon, obtained leave to return his apportionment bill [285], which he did, with an amendment, by way of new matter.
Mr. HEFFREN proposed to amend the amendment reported, by striking out all after the enacting clause, and inserting new matter.
Mr. STOTSENBERG moved to postpone the consideration of the bill (the first amendment), till Thursday. He wanted time to examine it.
Mr. BUNDY. That would be to defeat it.
Mr. DAVIS. Saw great injustice in the bill-giving too much to Jefferson county, &c.
Mr. SMITH complained of injustice to Bartholomew county.
Mr. McLEAN objected to the apportionment allowing but one representative to Vigo county.
Mr. STOTSENBERG was willing to say, 9 o'clock to-morrow.
Mr. FRASIER proposed 3 o'clock to day.
Mr. CAMERON moved to lay the motions to postpone on the table ; which was agreed to : yeas 55, nays 35.
Mr. STOTSENBERG moved to lay the whole subject on the table.
Mr. CAMERON demanded a division of the question. The first branch of the motion, to lay the substitute on the table, was agreed to: yeas 55, nays 36-and the second branch was rejected: yeas 32, nays 60.
Mr. GRESHAM proposed to amend, by giving Jefferson two members and Jefferson and Scott one; which was agreed to.
Mr. CAMERON now demanded the previous question.
Mr. HEFFREN demanded a call of the House; but the House refused to order the call: yeas 33, nays 55.
Mr. HEFFREN objected to the demand for the previous question, and demanded the yeas and nays on the second; which being ordered and taken, resulted-yeas 57, nays 35: so there was a second to the previous question Pending the ordering of the main question : "shall the report of the Select Committee be concurred in, and their amendment adopted ?"
Mr. HEFFREN moved that the House adjourn [recess].
Mr. DOBBINS demanded the yeas and nays.
Mr. VEATCH made the Constitutional point, that on a motion to adjourn it requires one-tenth of the members present to second the demand for the yeas and nays.
Mr. DOBBINS demanded the yeas and nays on ordering the main question, which being ordered and taken resulted : yeas 58, nays 2.
The SPEAKER, before announcing this vote said : After the highly conservative and eminently national document emanating yesterday from the President of the United States, the Chair was sorry so soon to see that secession had taken place in this hall.
Mr. HEFFREN asked unanimous consent that the bill be postponed till 3 o'clock. He wanted an opportunity to look over it.
Mr. GRESHAM. Will the gentleman agree to vote then, without bolting ?
Mr. HEFFREN. I will not: because I know nothing of the bill. But I will say to the gentlemen, that I doubt whether the bill can pass unless we have opportunity to examine it.
The SPEAKER. Certain members not voting being now in their places, the clerk will call the roll again.
Mr. HEFFREN (Mr. Prosser joining him), appealed in writing, That it was not competent for the chair to make this order to repeat the roll.
On motion by Mr. GRESHAM, the appeal was laid on the table-yeas 58, nays 12.
The vote was now again taken-yeas 56, nays 2-no quorum voting.
Mr. CAMERON asked leave to withdraw the demand for the previous question, but the House refused.
Mr. MOODY demanded a call of the House, which proceeded, showing 87 members present.
Mr. MOODY moved that further proceedings in the call be dispensed with.
Mr. FORD. Seeing no farther use for Democratic members here, I move that we retire-adjourn. (It was 12 noon, and he left.)
Mr. HORTON demanded the yeas and nays, which resulted-yeas 56, nays 33 : so proceedings in the call were dispensed with.
AFTERNOON SESSION.
Mr. CAMERON had leave now to withdraw his demand for the previous question; and on his further motion, the consideration of the report and bill was postponed and made the special order for to-morrow morning, 9 o'clock.
Mr. BUNDY submitted a resolution, inviting Senators forthwith to the joint Contention for this hour, to choose two Commissioners of the Sinking Fund in the place of Commissioners Parks and Bemusdaffer.
page: 343[View Page 343]On the motion of Mr. STOTSRNBERG, the order was dispensed with, and the General Appropriation bill was taken up and considered on the second reading, passed the second reading, and referred to the Committee on Ways and Means.
IN JOINT CONVENTION---SINKING FUND
COMMIS
SIONERS.
The PRESIDENT of the Senate called the Convention to order, read the act of 1859, under which the election is held, and called for nominations.
Mr. HEFFREN. The elections were to fill the places to be vacated by Mr. Parks and Mr. Bemusdaffer. He nominated Joseph B. Bemusdaffer, of Decatur county.
Mr. FRASIER nominated Isaac Jenkinson, of Allen county.
The vote proceeded vive voce, and it was reported---
- For Jenkinson.........................82 votes.
- For Bemusdaffer......................54 votes.
Isaac Jenkinson, of the county of Allen, having received a majority, was declared by the President to be elected a Commissioner of the Sinking Fund, to serve four years.
The PRESIDENT then called for nomination, to fill the other vacancy in the Board.
Mr. HEFFREN nominated Parmenter M. Parks, of Morgan county.
Mr. Senator STONE nominated Nathaniel Kemp, of Randolph county,
The vote was reported---
- For Kemp..............................82 votes.
- For Parks............ ..................54 votes.
The PRESIDENT. Nathaniel Kemp, of Randolph county having received a majority of all the votes cast, I declare him to be duly elected---to serve for four years.
The Convention having completed the object for which it was called, Senators will now retire to their chamber.
THE MILITIA.
The SPEAKER announced the special order, viz: the consideration of Mr. Gresham's military bill (105)-the question being on the engrossement of the bill as it was reported.
Mr. HEFFREN made an ineffectual motion to take up the consideration of bills on the 3d reading.
Mr. KNOWLTON proposed to concur in the reported bill with an amendment, striking out after the enacting clause, and inserting new matter. He said his amendment had been submitted to the best military minds in Indianapolis, and approved by them. The committee's bill was imperfect in many particulars. It provides for the election or appointment of officers whose salaries, and the cost of administration under them would be excessive. It provides also that the Governor shall prescribe rules and regulations of the militia. He considered the Legislature capable of proscribing these rules, and that was their duty also.
His amendment was read. It is based on the present law, of June 14, 1852, repealing sections 3 to 20 inclusive thereof, and "providing for a more perfect organization of the Indiana Miltitia for military fund and its disbursement "for punishing failures and negligence of duty in the service, and for matters properly connected therewith."
Mr. CAMERON demanded the previous question, and there was a second-the main question being on the adoption of Mr. Knowlton's amendment, the vote was reported-yeas 29, nays 62.
The next question under the previous question was on concurring in the report of the Military Committee and adopting their amendment.
[A message from the Senate announced the concurrent vote in that body, for President of the Board of Trustees and two trustees for each of the Benevolent Institutions-under the appointment of a concurrent resolution before reported from that body.]
Mr. HEFFREN inquired whether negroes, Indians, and mulattoes were to be included in the "State troops" of the second section, which were to be "composed of such citizens or residents of the State over the age of eighteen years," &c. ?
Several voices"No." "order."
Mr. STOTSENBERG, (pro forma,) had too much regard for his Republican friends to help them to pass this bill, by which they would kill themselves. The bill required amendments which could not be applied under the restraints of the previous question.
The vote stood: yeas 54, nays 38, as follows:
YEAS-Messrs. Bingham, Boydston, Branham, Brucker, Bryan, Bundy, Burgess, Cameron, Cason, Collins of Whitley, Cram, Dashiel, Epperson, Erwin, Feagler, Ferguson, Fisher, Fordyce, Fraley Frazier, Gore, Gresham, Grover, Haworth, Henricks, Hopkins, Hudson, Jones of Tippecanoe, Jones of Vermillion, Jones of, Wayne, Kendrick, Lee, Lightner, Moody, Moorman, Nebeker, Newman, Orr, Parrett, Ragan, Randall, Sherman, Sloan, Smith of Miami, Thomas, Turner, Underwood, Veatch, Wells, Williams, Wilson, Woodhull, Woods, and Mr. Speaker-54.
NAYS-Messrs. Atkinson, Black, Brett, Campbell, Collins of Adams, Cooprider, Davis, Dobbins, Fleming, Ford, Gifford, Hayes, Heffren, Holcomb, Horton, Howard, Jenkinson, Kitchen, Knowlton, Lods, Lane, McClurg, McLean, Moss, Mutz, Owens, Packard, Pitts, Polk, Prosser, Prow, Bobbins, Roberts, Smith of Bartholomew, Stevenson, Stotsenberg, Trier, and Warrum-38.
So the amendment of the committee was adopted; and then the bill as amended was ordered to be engrossed, and read the third time: yeas 53, nays 36.
The bill was read the third time.
Mr. CAMERON demanded the previous question, and the vote stood : yeas 56, nays 10-2 present and refusing to vote : so the bill passed, having the following title, viz.:
An act for the organization of the Indiana Militia, prescribing duties of certain officers, for punishing failures, refusals, and negligences in connection with the service, and for the repeal of all existing laws having reference to said militia.
page: 344[View Page 344]Mr. STOTSENBERG proposed to amend the title, by substituting these words: 'An act making provision for the complete route of the Republican party at the next and all succeeding popular elections," &c.; which was ruled out.
And then the House adjourned.
