HOUSE OF REPRESENTATIVES.
WEDNESDAY, March 6, 1861.The journal of yesterday was read.
page: 347[View Page 347]Mr. DAVIS said he was recorded as present and refusing to vote on the final passage of the military bill. He was not within the Hall when his name was called, and moved to amend the journal by striking that part out.
The SPEAKER. The roll-call had proceeded beyond the name of the gentleman from Scott. The gentleman was not in the Hall at the time his name was called in the regular progress of the call; but he came in afterwards, and the Chair seeing him in the Hall, directed the Clerk to call his name. The Chair recollects that the gentleman was going out of the Hall at the time his name was called the second time, and quite probably, as he says, the gentleman did not hear the call.
Mr. DAVIS. Does not the Speaker put the question, "was the gentlemen within the bar when his name was called?" to a member when he desires to vote after the roll is called?
The SPEAKER. The rules require that, when it becomes necessary for the Chair to decide the question officially, it will decide that a member is within the bar when he is within the walls of the Hall.
Mr. CAMERON spoke against the motion to correct the journal, and, for reason, read the following remains of the proceedings of a caucus of Democratic members on this subject last night, viz.:
"Resolved, That we, the Democratic members of the Senate and House of Representatives, do hereby pledge ourselves to each other to bolt if necessary to prevent apportionment and military bills pending in this Legislature.
HEFFREN"
They proposed here, as a body, to break up the Legislature in an unconstitutional manner, and as he conceived, in violation of their oaths. That was the way they were prepared to oppose any measure here which they deem odious-which does not suit them. They do not propose to sit in their places and vote against it. No, but to break up, in a revolutionary way, the highest branch of the government. Sir, our party would not do that. When we are in the minority, we will remain on the floor and vote against odious measures; and when we are beaten, we will appeal to the people for the rectitude of our course. He was not prepared to see the spirit of South Carolina secession exhibited in this Hall. But it did seem that the day had come, when it was to be the rule "for the minority, when beaten, to come up here and attempt to break up the government. When any measure does not suit them, they propose to go home, and leave the wheels of government blocked-lock every office door, and leave the State without a government, exposed to anarchy and confusion. They will allow us to pass such bills as please them. They must be suited, forsooth, or legislation must stop. No doubt the military bill is odious to many individuals, because it rotates them out of office-it takes away from them their titles. It wipes out their colonels, and takes down their brigadier generals, in cases where they know the people of Indiana would never elect them to hold such trusts. This bill provides that the people shall elect their officers.
Mr. PARRETT here made a point of order against the discussion of the military bill.
Mr. CAMERON. Who were the parties here proposing to correct the journal ? Gentlemen came in here, and proposed to change the journal when they were not present in the proceedings, and cannot know whether it is right or wrong. He corroborated the stasement of the Speaker with reference to the presence of the gentleman from Scott. He read another resolution picked up from the table, where it had been left in the Democratic caucus. It might have been the same proposition in the amended form. It was in these words:
Resolved, That we hereby pledge ourselves to abide by the decisions of this caucus, and will most solemnly carry out all its decisions.
Now, when gentlemen come here pledged to break up the legislative branch of the Government, how could they ask it as a matter of courtesy that the journal should be corrected? It was not a question of courtesy. The record was correct. They could not go behind this legislation, and find anything in the journal or in the facts to invalidate it.
Mr. HEFFREN had been amused very much at the sonorous, whangdoodle wail of the gentleman from Porter. The gentleman certainly got up this morning wrong end foremost. With reference to the resolutions picked up from the table of the caucus held last night, " he told the gentleman that those resolutions were unanimously adopted in that caucus. He would tell the gentleman further, that the members in that caucus were here as honorable men; and he would say to the gentleman from Porter, that when he insinuates that I or any Democratic member here upon this floor has been or would be guilty of perjury, he simply tells an untruth.
Mr. CAMERON, [interposing.] I wish that to be taken down.
Mr. HEFFREN. Take it down, sir-
Mr. RAGAN made the point, that the gentleman should be required to address the House in courteous language, as he had violated it once.
The SPEAKER. The Clerk is now reducing to writing the words of the gentleman from Washington and Harrison referred to.
Mr. HEFFREN. Sir, it is strange the gentleman from Putnam can sit here and listen to the beautiful language used by the gentleman from Porter in regard to Democrats here, and when I retaliate in language no more severe, his sensitive nature is touched, and the remarks fall grateingly and harshly upon his ear. I believed the ruling of the Chair was correct in regard to the presence of any member within the walls of the House. But the gentleman from Scott had said that he did not hear the name called. Upon this he considered it better to have the journal cor page: 348[View Page 348]rected. It was but common justice He did not ask it as a courtsey. I scorn it. With reference to the proceedings yesterday, he said the Democratic members would not have bolted, if they had been allowed a chance to examine the bill. They asked only a delay till three o'clock. The gentleman preferred to rise up and place the gag in our mouths. Thirty-seven Democratic members here were told that they would not be heard-were compelled to submit to have their mouths hushed. They were told, as a school-master tells his children-"Take your seats and behave yourselves, and do as you are bid." Sir, when it comes to that I am for revolution, and to meet revolution by revolution. I have met the same issue in the other end of the building; and I say here, that the Democrat who has not backbone enough to stand by his fellow-democrats in such a case,, had better go over to the Republicans and make common cause with them, and claim the name of Democrat no more.
Mr. FRASIER. Was not one hour and a half consumed in reading an amendment.
Mr. HEFFREN. There was an amendment by the gentleman from Cass. He also desired to offer one, and if he could have got it in, he would not have left the Hall as he did, even if it had been voted down. There was no opportunity for discussion, examination or amendment. When we asked for time till 3 o'clock, it was denied.
Mr. WOODHULL. Was there riot a motion to postpone?
Mr. HEFFREN. And nearly every Republican on the floor voted against it and defeated it. He would say to the Chair and his Republican friends: I respect you, and expect to treat you as gentlemen, because it is my duty to do so; common courtsey demands it. We may differ politically-differ on questions in legislation, but we shall not forget what is due to gentlemen. It has been intimated that we are prepared to make opposition to everything that does not suit us. But the fact is we have had an agreement only as to these bills-the apportionment and the militia bills. These we have determined to oppose and do what we may to defeat them in their present shape; and this we will do, though the heavens fall, if we bolt until the last moment. He held that the militia bill had not passed the House as the Constitution requires, but would leave the question to the Courts.
Mr. CAMERON. Does the gentleman mean to accuse me of falsehood?
Mr. HEFFREN. I stated to the House, that I understood the gentleman as stating substantially, that Democratic members here had both failed in their duty and violated their oaths by going outside of the Hall yesterday.
Mr. CAMERON. I said that in my opinion it was a violation of our oath here.
Mr. HEFFREN. That, I said, if insinuated or charged, was an untruth, and I still say so. I repeat it.
Mr. HOLCOMB, (pro forma) said he was in his seat and knew what was done as well as any man, and considered that the journal ought to be corrected.
Mr. CRAIN demanded the previous question, and under its force the motion to correct the journal was rejected-yeas 41, nays 55.
REVENUE BILL.
On motion of Mr. FRASIER, the special order (the apportionment bill) was suspended for the consideration of the revenue bill; whereupon-
Mr. VEATCH, from the Committee on Ways and Means, reported a revenue bill in place of that of Mr. Branham, [325] which has been lost from the files, entitled, a bill [345] in relation to the application of certain funds to the payment of the public debt, and raising a revenue for the support of common schools ; and it was passed to the second reading. It levies two cents on the $100 for 1861, and five cents on the $100 (and fifty cents poll) for 1862, and five years thereafter. It also levies ten cents on the $100, and fifty cents poll for school purposes.
Mr. BRANHAM. It levies two cents on the $100 for 1861, as by the act of 1852. For the purpose of liquidating the State debt, after 1861, it provides five cents on the $100 shall be levied. The Commissioners are directed to pay into the general fund the proceeds of the tax this year under the act of 1852. It also provides 10 cents on the $100 for school purposes, and 50 cents poll tax. And $50,000 a year of the general fund are to be appropriated toward the liquidation of the $303,000 which the State owes to the school fund. The Committee think that this payment had better be made gradually. The balance of their proceeds-all the surplus of the general fond-to be invested by the Commissioners in the bonds of the State of Indiana at the end of each year. The $50,000 to be distributed annually for the support of common schools.
He asked the House to suspend the rules and constitutional provision, and allow the bill to be passed now. The rules were suspended-yeas 90, nays 0; and thereupon the bill passed the second reading. It was then considered as engrossed,"and passed the final reading-yeas 91, nays 1-with an amendment of title proposed by Mr. Veatch, viz: "And to repeal all laws in conflict therewith."
Mr. BRANHAM, from the Committee on Ways and Means, returned the General Appropriation bill [336], with sundry amendments , which were concurred in.
Mr. OWENS suggested that there was nothing in the bill for the completion of the northern prison.
Mr. BRANHAM. We had no data before the committee for making that item. We waited as long as we could for the report of the committee. On his motion, the bill was considered as engrossed.
page: 349[View Page 349]Mr. SHERMAN desired to amend by adding a northern prison item.
Mr. BRANHAM. The only item before the committee to base an appropriation upon was the statement of the Auditor of State of the amount overdrawn by the northern prison, which he presented to the House. The sum is over $13,000.
On motion by Mr. CRAIN, the statement was referred to the Committee on Claims.
Mr. SHERMAN moved that that sum be included in the bill.
Mr. BRANHAM and Mr. CRAIN suggested that the amendment could be as well applied in the Senate, as it might be added to the specific appropriation bill. The Northern Prison Committee had reported there, and 500 copies of their report were ordered to be printed.
Mr. SHERMAN complained that his bill for a specific appropriation to the northern prison had been ignored by the Committee on Ways and Means. He thought this item ought to be in the General Appropriation bill. Not a word of comment had been made in the over draft of twelve or fifteen thousand on account of the Jeffersonville prison.
Mr. BRANHAM explained. The committee had been requested by one of the northern prison men to withhold action, till they should make a proposition to settle the whole question.
Mr. SHERMAN. That proposition was in his bill.
After some conversation between Messrs. Roberts, Branham, Kendrick, and Orr, respecting the $2,000 item for the Governor's House, the bill was passed the third reading : yeas 88, nays 2.
MICHIGAN CITY PRISON.
Mr. BURGESS, from a majority of the Special Committee on the affairs of the Northern State Prison, submitted a report in writing-stating, that it would require about $114,000 to complete the northern prison, and make it sufficient for 300 convicts. Two of the Committee were prepared to recommend an appropriation, and go ahead with the work; the majority dissent. On his motion, the report was laid on the table, and it was ordered that 500 copies thereof be printed.
Mr. WOODS moved ineffectually to take up the bill 294.
On motion of Mr. BUNDY, the Senate's amendment to the interest bill [H. R. 84] "the judgment shall be only . for the principal and interest at six per cent.," &c., was concurred in.
COMMON SCHOOL LAW.
On motion by Mr. GROVER, the school bill [S. 217] the same as the bill of the House No. 61| was taken up; and (the constitutional Provision being suspended for the purpose) it was passed the first and second readings, and Referred to the Committee on Education, with, instructions to report immediately; whereupon-
Mr. GROVER, from said Committee, returned the bill [S. 217] with sundry amendments of the verbiage, and adding the matter with reference to county examiners and city trustees, reported Monday, and concurred in by the House.
The amendments were concurred in.
AFTERNOON SESSION.
Mr. CAMERON asked leave to correct the majority report from the Committee on Apportionment.
Mr. BRETT asked leave to file for copy into the journal a statement by himself and Mr Hays that they had not assented to the report nor seen it, and that examination had been denied to Mr. Hays, &c.
The matter was ruled out.
COMMON SCHOOL LAW.
The House resumed the common school bill, [S. 217] as amended; and it was read through, and further amended in its verbiage.
Mr. SMITH of Bartholomew opposed the bill on the score of the expensiveness of administration under it, speaking in reply to Mr. Heffren.
Mr. CRAIN. It was a great improvement . on the present school law. It proposed to leave the school funds at home; that was a high recommendation.
Mr. VEATCH said we provided this morning for the paying back of those $303,000 which have gone into the general expenses of the State; and we connected the terms of that with this bill in such a manner as to provide for the repayment of that money. Now, if we fail to pass this bill, the old school law will not connect itself with that revenue bill, so as to get that $303,000 back to the people.
Mr. BUNDY demanded the previous question, and under its force, the bill was passed the final reading-yeas 74, nays 20.
On motion by Mr. GROVER, his bills [341, 342] amending the assessment laws were considered and passed the second reading(changing the time of the Treasurer's return of the delinquent list and settlement from the 15th to the 1st of October.)
Mr. PROSSER opposed; and Mr. BRETT supported the proposed change.
The bill No. 341, was passed the final reading-yeas 88, nays 3.
The bill 342 was passed to the third reading.
JEFFERSONVILLE PRISON.
Mr. JONES of Vermillion, from the Committee on the Penitentiary, submitted a written report, recommending an investigation into the demand for reducing the price of convict labor, and an appropriation of $12,000. 2. A regulation prohibiting convicts from being worked outside the prison walls. 3. The purchase of four acres of ground for a prison grave yard. 4. An enlargement of the female department of the prison. 5. A law authorizing a transference of insane convicts to the Insane Asylum
page: 350[View Page 350]Mr. DOBBINS said the body of the report shows the financial operations of the prison since 1856.
On motion of Mr. McLEAN and Mr. BRANHAM, the report was laid on the table and the committee was directed to report a bill in accordance with the recommendations of the report.
On motion of Mr. McLEAN, (the orders and constitutional provision being suspended for the purpose,) the House took up the consideration of the Sinking Fund bill [S. 114] amendatory of the 2d and 5th sections of the act of January 28, 1847, was passed the first and second readings. It was then passed the third reading-yeas 87, nays 0.
TRUSTEES OF THE BENEVOLENT INSTITUTIONS.
On motion of Mr. CAMERON, the concurrent resolution from the Senate for the election of two Trustees each for the several Benevolent institutions, and a President of the several Boards, was taken up and adopted.
The SPEAKER announced order of nominations for President of the Boards.
Mr. McLEAN nominated William H. Talbott, of Marion county.
Mr. KENDRICK nominated Andrew Wallace, of Marion county.
The vote was reported-
- For Wallace...........................57 votes.
- For Talbott............................31 votes
The SPEAKER thereupon declared Andrew Wallace duly elected-so far as the House is concerned.
Mr. McLEAN nominated Edwin J. Peck, the present incumbent, for one of the Commissioners of the Asylum for the Insane.
Mr. KENDRICK nominated Patrick H. Jameison, of the county of Marion.
- Jameison received...................57 votes.
- Peck received ...................29 votes;
So, Patrick H. Jameison was declared elected, so far as the House is concerned.
Mr. McLEAN. For the other Commissioner, I nominate Henry Brady, of Marion.
Mr. GROVER. I nominate John W. Moody, of Decatur county.
- Moody received.......................47 votes.
- Brady received ......................32 votes
So John W. Moody was declared elected, so far as the House is concerned.
Mr. GRESHAM stated that he was now convinced of the wisdom of carrying politics into these elections. He had not participated in the caucus that made these nominations, because he thought the principle wrong-that it would operate injuriously on the institution. He voted for Henry Brady.
Mr. WILSON voted for Brady. It was justice.
The House then adjourned.
