Mr. BRETT asked to submit, without reading, a communication from Dr. Athon, and it was referred to the Committee on Benevolent Institutions.
Mr. STOTSENBERG submitted the following :
WHEREAS, it is eminently proper and expedient, for the purpose of preserving the public peace and tranquility and maintaining the Union of the States, that every peaceable remedy should be exhausted, and every practicable measure adopted, which may be calculated to arrest the further progress of secession, reunite our dismembered confederacy, and prevent civil war; therefore,
- Resolved, That the Committee on the Judiciary be, and they are hereby instructed to report a bill, providing for the election by general ticket of delegates to a national convention of all the States.
- Resolved, That said committee be, and are hereby further instructed to provide in such bill for the submission of the amendments to the federal Constitution, lately proposed by the Hon. John J. Crittenden, in the Senate of the United States, to a direct vote of the people of Indiana at the election thus provided for the choice of such delegates, so that the sense of the people of Indiana may be taken thereon.
- Resolved further, by the House of Representatives, the Senate concurring therein, that the Congress of the United States be, and they are hereby requested to call a convention of all the States at an early day, for the purpose of proposing and considering amendments to the Federal Constitution, upon the application of the Legislatures of two-thirds of the States; in which application the State of Indiana joins.
CALUMET FEEDER DAM.
On the motion of Mr. WOODS, the House took up the unfinished business, it being the consideration of the Committee's bill [24] to provide for the necessary judicial proceedings to procure the removal of the feeder dam across the Calumet river in the State of Illinois,"and to provide for the expense of said suit-the question being in the adoption of Mr. Stotsenberg's amendment, striking out "$2,000," and inserting "$300."
On the motion of Mr. FISHER, the amendment was laid on the table.
Mr. DAVIS proposed to strike out "$2,000," and insert "$1,000."
Mr. HEFFREN inquired if these overflowed lands in Lake county were not owned by speculators ?
Mr. WOODS said there were settlers known to him who had been driven from their premises by the overflow caused, by this dam. In 1852 a law was passed for draining these swamp lands, and settlers bought these lands in good faith under that law, believing that they had the right to drain them under that law. But the State of Illinois had sent an attorney to this body, in 1857, Isaac N. Arnold, a shrewd man, who had represented here that these lands belonged to speculators; and through his representation the General Assembly legislated against the people of Indiana, and for the benefit of an Illinois corporation. Let any gentleman turn over the journals of 1857, and see how the act of 1857 was got up. It was founded on a falsehood against the rights of citizens of Indiana. For eight years these settlers have suffered this injustice from the State of Illinois, and they come here to ask whether they are to be farther intruded upon, and longer prevented from occupying and improving their farms ?
Mr. HEFFREN. The Senator and Representative from Lake county, and from that district, supported the act of 1857. If the rights of the people from Lake have been invaded from Illinois, they have their remedy in the District Court of the United States.
Mr. WOODS said. In connection with this legislation of 1857 referred to, I would state that in that very curious piece of legislation, that that bill, as first introduced into this House, gave authority for Illinois to keep up the dam for 10 years-the State of Indiana legislating in favor of a corporation in the State of Illinois, and against her own citizens. The gentleman from Washington, alluded to the part our own member took in favor of the law of 1857. We well know it, and right well remember him for it. He has also alluded to the Senator that then represented our Senatorial district as favoring the bill; I say, if he was in favor of that damnable iniquity, he was a bigger rogue than I thought he was. Some may think that the present Senator now representing that district is the person alluded to, I take great pleasure in saying that it is not so. The present Senator honestly represents the interests of that district. I do not wish to consume time, or endanger the bill, as some relief is better than none. I therefore accept the amendment of the gentleman from Scott.
Mr. SHERMAN. It was to the advantage of the State to have these lands drained. There were two school sections under water.
Mr. HEFFREN. The feeder dam was erected in 1847, and we got the swamp lands in 852, with that incumbrance.
Mr. FISHER. The law restraining these page: 356[View Page 356] people from draining their lands, was to restrain them from abating a wrong they suffered.
Mr. WOODHULL. Here was but $1,000 to pay the expense of a suit in which 30,000 acres, probably a million of dollars, were involved.
The matter was passed over.
PRISON DIRECTORS.
A message from the Senate announced that that body had concurred in the resolution of the House for a Joint Convention at two o'clock, this day, for the election of one Director for the State Prison South, and three Commissioners for the State Prison North.
JOINT CONVENTION.
The President of the Senate in the chair, announced the order of election of one Prison Director for the State Prison South under the act of 1857, and three Commissioners of the State Prison North, under the act of 1859.
For Director of the Prison South-
Mr. GRESHAM nominated John W. Ray of Clark county.
Mr. HEFFREN (without caucus instructions) nominated Andrew L. Caruthers of Clark county.
Mr. Senator ANTHONY said he had authorized him to withdraw his name, if it should be used here.
Mr. McLEAN suggested, since it is doubtful whether the Directorship of Samuel H. Buskirk is vacant or not, that a blank vote would be proper.
- Ray received.........................81 votes.
- Blank received........................34 votes.
- Scattering received.................. 6 votes.
The President of the Senate thereupon declared that John W. Ray, of Clark county, had received a majority of all the votes cast, and was duly elected a Director of the State Prison South, to serve four yeard.
For Director of the Prison North-
Mr. BOYDSTON nominated William Williams, of Kosciusko county.
Mr. Senator MURRAY nominated Wm. A. , Jennings.
- Williams received....................84 votes.
- Jennings received....................46 votes.
- Scattering.............................. 4 votes.
Whereupon William Williams, of Kosciusko :county, was declared to be duly elected a Director of the State Prison North, to serve two years, from the date of his election and qualification.
The Directors of the Prison North-
Mr. ORR nominated Milton S. Robinson, of Madison.
Mr. Senator CONLEY nominated C. W. McDaniel, of Greene county.
- Robinson received....................85 votes.
- McDaniel received...................48 votes.
- Scattering.............................. 3 votes.
Milton S. Robinson was thereupon declared to be duly elected, to serve two years.
For Director for the Prison North-
Mr. Senator CONNER nominated Hugh Hanna, of Wabash county.
Mr. DOBBINS nominated Bazil Edmundson, of Dubois county.
- Hanna received.......................84 votes.
- Edmundson received................42 votes.
- Scattering.............................. 6 votes.
Hugh Hanna was thereupon declared to be duly elected, to serve two years.
The PRESIDENT of the Senate prorogued the Joint Convention with these words: The Senate will now take a final and affectionate farewell of the House of Representatives.
The SPEAKER. Gentlemen of the House of Representatives ; As a token of respect toward the President and members of the more dignified branch of the General Assembly, you will stand uncovered till they retire.
CALUMET FEEDER DAM.
The House resumed the bill No. 294: the question being on Mr. Davis' amendment.
Mr. WOODS accepted the amendment of Mr. Davis.
Mr. STOTSENBERG. If the bill in the present state of the case will benefit the people of Lake county, he was for it. He was governed in this by the report of the Attorney General, and the action of the committee thereupon.
Mr. FRASIER spoke ironically of the support of Mr. Stotsenberg in connection with his amendment limiting the expenses of this suit to $300; and then demanded the previous question: whereupon, Mr. Davis' amendment was adopted; and so amended, the bill was read and passed the final reading-yeas 66, nays 18.
SAMUEL H. PATTERSON.
Mr. SLOAN, from the Committee on Claims, returned the petition and claim of Samual H. Patterson, for $1,600 on account of labor of seven convicts illegally sent to prison by the Common Pleas Courts before that court had criminal jurisdiction ; with a detailed statement of the case; recommending that the committee on Ways and Means provide for the payment of the same in the appropriation bill.
Mr. JENKINSON resisted the report.
Mr. HEFFREN defended-stating the case in full &c.
There were 63 convicts released, because of an unconstitutional law.
Mr. BUNDY. It was and old claim, and it was too late in the session now to investigate it.
Mr. BRANHAM. There was no doubt as to the entire justice of the claim.
Mr. JENKINSON said Patterson kept those men in prison after he knew they ought to be discharged, and they transferred their accounts to Randall Crawford to sue Patterson in revenge for this.
Mr. STOTSENBERG also stated the case. Patterson was mulcted for observing an un page: 357[View Page 357]constitutional law. It was for the wages of these men from June 1853, to November 1854, imprisoned under a void law. Patterson had paid the State for their labor, under his contract. He could not have discharged them.
On motion by Mr. PARRETT, the report was laid on the table-affirmative 45, negative 31-Mr. GRESHAM giving notice of a motion to reconsider.
Mr. CAMERON moved to reconsider this vote, and then to lay the motion to reconsider on the table.
The latter motion was rejected-yeas 42, nays 42-and the question recurred on reconsideration.
Mr. GRESHAM. The only point for consideration was, has the Committee reported the case correctly. He defended Mr. Patterson's acts in the case.
Mr. WOODHULL was willing to vote for the claim upon the Committee's report.
Mr. SMITH of Bartholomew, would vote for the allowance.
Mr. FRASIER. If the claim was a good one, he could get it hereafter with interest.
Mr. Speaker ALLEN, (Mr. Davis in the chair,) Patterson was bound to work these prisoners, and he has been sued by the prisoners, and mulcted for their wages, which he has once paid to the State. He objected to making any difference between this action when the State is one party, and action as between individuals. It was the bounden duty of the Legislature to pay all just claims against the State, &c.
Mr. BUNDY was not satisfied of the justness of the claim, and could not now vote for it.
Mr. CRAIN also spoke against the allowance.
Mr. DOBBINS supported the claim, referring to the action of the Committee in the case.
Mr. MOORMAN demanded the previous question, and therupon the House refused to reconsider-yeas 42, nays 42.
Mr. BRANHAM from the Committee on Ways and Means, reported the Specific Appropriation bill, entitled a bill [348] making specific appropriations for the year 1861, which was passed to the second reading.
On motion by Mr. BRANHAM, (the rule and constitutional provision being suspended for the purpose,) the bill was read the second time by title.
On motion by Mr. FRASIER, an evening session was ordered: and then the House took a recess till 7 1 2 o'clock.
NIGHT SESSION.
A message from the Senate announced the passage in that body of the General Appropriation bill, with amendments, and other action.
The House resumed the Specific Appropriation bill.
Mr. BRANHAM proposed., to strike out and insert " $244," the $4 per diem compensation of the principal clerk, Jonathan W. Gordon, and the first assistant clerk, Asa P. Newkirk.
After debate, cut off at length by the previous question, the amendment was adopted yeas 59, nays 14.
Mr. HEFFREN proposed to make the compensation of the three Clerks assisting the principal clerk, also four dollars a clay, which was agreed to without a division.
Mr. VEATCH proposed $3 a clay for the principal clerk of the Stationery Room, and $2 a day for each of his assistants ; which was agreed to.
Mr. BRANHAM proposed $4 a day for each of the four journal clerks ; which was agreed to.
And so the bill was read through, receiving sundry amendments.
Mr. BUNDY proposed $500 each for compensation to the Commissioners of the State of Indiana, appointed by the Governor to represent the State in the late Peace Conference at Washington.
Mr. SHERMAN proposed $600 each ; which was laid on the table.
Mr. Bundy's amendment was then adopted.
Mr. FRASIER, for Mr. HENRICKS, proposed that Ariel and W. H. Drapier be allowed $500 for 500 copies of the Brevier Reports; which was adopted-yeas 59, nays 13, as follows:
YEAS-Messrs. Anderson, Atkisson, Bingham, Black, Boydston, Branham, Brett, Brucker, Burgess, Cameron, Cason, Collins of Adams, Combs, Cooprider, Davis, Erwin, Feagler, Ferguson, Fisher, Fleming, Ford, Fordyce, Fraley, Frasier, Gifford, Gore, Grover, Haworth, Heffren, Henricks, Hudson, Jenkinson, Jones of Vermillion, Jones of Wayne, Kitchen, Lods, Owens, Packard, Parrett, Pitts, Polk, Prosser, Prow, Ragan, Randall, Roberts, Sherman, Sloan, Stevenson, Stotsenberg, Trier, Turner, Veatch, Warrum, Williams, Woodhull, Woods, and Mr. Speaker-59.
NAYS-Messrs. Campbell, Collins of Whitley, Epperson, Lane, Lightner, Moorman, Nebeker, Newman, Orr, Robbins, Smith of Miami, Thompson and Underwood-13.
Mr. MOODY proposed $1,500, $3 per diem and mileage, &c., for compensation of the Swamp Land Investigation Committee, &c.
Mr. HEFFREN proposed to amend by striking out "$3" and inserting "$4" in lieu; and striking out all that relates to mileage.
Mr. MOODY accepted, and so it was agreed to.
Mr. STOTSENBERG moved to reconsider this vote.
Mr. HEFFREN moved to lay the motion to reconsider on the table-which was agreed to-yeas 47, nays 13-no quorum voting.
The House then, at 11.5, adjourned.
