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Brevier Legislative Reports, Volume IV, 1861, 378 pp.
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IN SENATE.

FRIDAY, March 8,1861.

Mr. BEESON moved that the journal of yesterday be not read.

Mr. SLACK objected, and held that any one Senator has a right to demand the reading of the journal.

page: 358[View Page 358]

The PRESIDENT decided it as wholly in the province of the Senate to exercise its discretion as to the reading of the journal or not.

Mr. SLACK appealed from this decision, and asked the judgment of the Senate thereon.

On motion by Mr. MURRAY-yeas 25, nays 16-the appeal was laid on the table.

Mr. WOLFE moved to reconsider the vote taken last night by which the Bridge bill [H. R. 103] was passed. I am satisfied this bill is wrong. It provides that where bridges are built upon a county line the expenses shall be paid by each county in proportion to the value of property in each, making a large county pay twice as much as a small county, in case it is twice as wealthy.

Mr. ROBINSON insisted that the bill was right. It can work no hardship in any case. It is fair in the abstract, and its application is right in every particular. He moved to lay the motion to reconsider on the table.

This motion was agreed to-yeas 26, nays 15.

Mr. RAY offered the following :

WHEREAS, The session of the General Assembly is within two days of its close for legislative purposes, and whereas, bills have not been passed nor matured for apportioning the State for Congressional and State purposes, and their passage has now become improbable, if not impossible, under the Constitution and the rules of the Senate, at the present session, therefore,

Resolved by the Senate, (the House of Representatives concurring,) That the laws now in force for the districting the State of Indiana for Congressional purposes, and also for districting the State for Senatorial and Representative purposes, be continued, and the same are hereby declared to be in force for the ensuing two years, for the purpose of electing members of Congress and State Senators and Representatives, and that all persons in authority in this State are hereby directed to recognize said laws as valid and in force for the next two years.

Objection being made to its reception-

Mr. RAY moved to suspend the order of business.

On motion by Mr. ANTHONY-yeas 25, nays 16-this motion was laid on the table.

On motion by Mr. NEWCOMB, the order of business was dispensed with to enable him to offer a joint resolution ratifying the amendment proposed by Congress to the Constitution of the United States; which was referred to the Committee on Federal Relations under the rule.

Mr. CRAVENS (Mr. Wagner in the Chair) moved to take from the table the bill [H. R. 62] creating five additional branches of the Bank of the State of Indiana, that it may be put on its passage. He supported his motion in a few remarks.

Mr. MARCH opposed the motion. At this time, with all the uncertainties of the future before us, how can gentlemen multiply and increase the paper money power of this State. We must legislate for the masses, and let these partial interests take care of themselves.

Mr. STEELE. The passage of the bill would dispense benefits over certain portions of the State, which are sought for. He hoped the bill would be taken up.

Mr. MELLETT. The interest of the State of Indiana do not demand this bill. He opposed the concentrating of banking and political power, and as a consequence preferred to see the building up of free banks.

Mr. CLAYPOOL. He was satisfied that if this bill did pass the State Bank would create no additional branches this year or during the present financial crisis.

Mr. JOHNSON. If gentlemen think Indiana money is better than the money of other States, then they ought to vote for this bill; money we must have, and if we can't get it a home we will have to go abroad for it.

Mr. MURRAY was opposed to this law because it comes in conflict with the free banking system of the State. There is not one single dollar of security to the people for this State Bank currency, for it issues two dollars for one. This bill has got to pass, though, for he never saw a bank bill that could not pass the Legislature.

Mr. ODELL. It is a fact that the Bank of the State has passed out of the hands that originated it, and is now in the hands of good, substantial, financial men. People from my section have to go to New York to get money to remove the produce of the country, and have asked me to favor the extension of bank branches; but as far as I know there has been no influence exerted in favor of this bill by the banks itself.

Mr. RAY at first supposed the bill to have merits, but was very soon undeceived. The effect of this bill is to convert $3,000,000 of moonshine-mere nominal stock-into active capital for the benefit of stock holders. He represented a district that has no bank and wants none.

Mr. CONNER and Mr. SHIELDS hoped the motion would prevail, and that the bill would eventually pass.

Mr. WHITE. When this bill came up in the House I was not favorable to it, and wrote home in regard to it for instructions. I received a letter signed by men of all parties, 200 strong, telling me to go for this measure. We do a large slaughtering business in Montgomery county, and men who carry on this business have to resort to Kentucky, New York, or wherever money is to be let, to get money to enable them to carry on this business. I approve the sentiment that the people are the source of power, and their wishes should be consulted ; and, under instructions of the people of my county, I will be bound to vote for this bill.

Mr. LANDERS. The Bank of the State has become as much of a broker's shop as any in the State; and I can never consent to give my vote to extend the power of that institution Bankers say they don't desire the establishment of additional branches; a majority of the people certainly do not desire it, and now why not let the matter drop ?

Mr. COBB. An increase of the number of branches would not be a benefit to the people, page: 359[View Page 359] neither is it demanded by them. That bank has always failed to supply the demand for currency when most needed. It has the power, and when it sees fit, will suspend every branch in the State.

Mr. HAMILTON did not care whether this bill passed or not, but believed the branches would get into good hands, and should vote for the bill.

Mr ANTHONY would vote for ten branches if the bill so provided, for he believed that every branch bank created was a means of destroying other institutions called brokers' offices. He wished he could get two or three more branches in his county. Nothing would be more acceptable to his constituents.

Mr. FERGUSON favored the motion.

Mr. WOLFE thought all banks evils. If it was wrong to charter this institution, it is trebly wrong to increase its powers.

Mr. BLAIR made an ineffectual demand-yeas 25, nays 22-for the previous question.

Mr. MURRAY made an ineffectual motion-yeas 18; nays 25-to lay on the table the motion to take from the table and put on its passage the bill.

Mr. STUDABAKER demanded a division of the question.

The motion to take from the table the bill was agreed to by yeas 25, nays 18.

Mr. MARCH moved to amend the bill as follows: "This power granted to the bank of the State to establish five additional branches, is made upon the express condition that the Bank of the State submits its capital stock and real estate to the same taxation for municipal purposes, as the property of individuals."

Mr. CRAVENS made an ineffectual motion-yeas 21, nays 25-to lay this amendment on the table.

The amendment was agreed to by yeas 24, nays 22-as follows :

YEAS-Messrs. Bearss, Carnahan, Cobb, Conley, Craven of Madison, DeHart, Dickinson, Ferguson, Landers, Line, Lomax, March, Mellett, Murray, Newcomb, O'Brien, Ray, Shoemaker, Slack, Stone, Studabaker, Williams, Wilson and Wolfe-24.

NAYS-Messrs. Anthony, Beeson, Berry, Blair, Campbell, Claypool, Conner, Cravens of Jefferson, Culver, Hamilton, Hull, Johnson, Miller, Odell, Robinson, Shields, Steele, Tarkington, Teegarden, Turner, Wagner and White-22.

Mr. MARCH offered an amendment, substantially a copy from the old Bank of the State charter, in relation to subscribing for stock.

Mr. NEWCOMB. If this amendment is adopted, these bank branches will never go into operation, and consequently he should have to vote against it.

The amendment was rejected by yeas 21, nays 25-the same vote as the above, except that Senators Ferguson, Newcomb and Wilson voted nay.

Mr. CRAVENS moved to recommit the bill with instructions to amend by striking out the municipal tax and inserting a ten per cent, school tax.

On motion by Mr. STUDABAKER, this motion was laid on the table by yeas 23, nays 21.Mr. COBB moved to amend by striking out from the enacting clause and inserting a provision that the Bank of the Stste shall have power to change the location of any three of its branches, &c.

On motion by Mr. CONNER, this amendment was laid on the table by yeas 25, nays 19.

Mr. HAMILTON moved to lay the bill on the table.

Mr. MARCH made an ineffectual motion-yeas 17, nays 27-to indefinitely postpone the bill.

And then came the recess till 2 o'clock.

AFTERNOON SESSION.

On motion by Mr. MILLER, the House amendment to the Common School bill [S. 217] were read and concurred in by consent.

On motion by Mr. CARNAHAN, the bill [H. R.81] To quiet title to a certain piece of land in Vanderburg county,was read the third time, and finally passed by yeas 39, nays 0.

On motion by Mr. DEHART, the bill [H. R. 296] fixing the times of holding courts in Ben-ton county was read and finally passed by yeas 39, nays 0.

A message from the House announced its disagreement to the Senate amendment made last night, to the bill H. R. 336, viz: " strike out five cents, and insert in the place thereof, two cents."

On motion by Mr. WAGNER, the Senate agreed to adhere to its amendment.

On motion of Mr. SLACK, a Committee on Conference was appointed, as follows.: Senators Slack, Wagner and Miller.

This Committee subsequently reported that they had agreed with the House Committee that this amendment should take effect after the year 1862, in which the Senate concurred.

Mr. TURNER moved to take up the resolution authorizing the appointment of a joint Committee of Investigation in relation to the swamp land frauds.

After remarks, by Senators Turner, Bearss, DeHart, Cobb, Miller and Ray-

Mr. TURNER demanded the previous question, and the demand being sustained by yeas 32, nays 12, the concurrent resolution was read.

Mr. WAGNER demanded the previous question, and the demand being sustained by yeas 29, nays 16, ihe resolution was adopted by yeas 29, nays 13.

On motion by Mr. MELLETT, his bill 191, to create the 16th judicial circuit, was read the third time.

On motion by Mr. MARCH, the bill was referred to Senators March, Mellett, and Ray, with instructions to amend, by attaching Hancock county to the 13th district.

On motion by Mr. FERGUSON, the bill H. R. 328, fixing the time of holding courts, was page: 360[View Page 360] read the third time, and finally passed, by yeas 40, nays 0.

On motion by Mr. LOMAX, the bill H. R. 100, having reference to a land case in Orange county, was read the third time and finally passed: yeas 29, nays 1.

On motion by Mr. FERGUSON, the 2d Judicial Court bill [H. R, 324] was read the third time and finally passed: yeas 39, nays 1.

On motion by Mr. MILLER, the bill [H. R. 82] to amend the charter of the South Bend Manufacturing Company, was read the third time and finally passed : yeas 36, nays 2.

On motions by Mr. LANDERS,his bill [135]-see page 184 of these Reports-was read the third time.

On motion by Mr. JOHNSON, the bill was recommitted with instructions to strike out the words "or other persons."

Mr. PRESIDENT appointed Senators Newcomb, Ray, Mellett, March and Claypool a committee to report as to the time the Senate may legally pass on bills-whether the constitutional limit occurs to-night at midnight or to-morrow night at the same hour.

Mr. NEWCOMB, from the Judiciary Committee, returned the bill [H. R. 133] in relation to witnesses, recommending passage. On his motion the bill was read the third time.

Mr. WOLFE and Mr. RAY opposed its passage.

Mr. BLAIR spoke in favor of its provisions.

The bill finally passed-yeas 28, nays 16.

A message from the House returned the bill H. R. 346, with a refusal to concur in the Senate amendments thereto, appropriating $15,000 for the States' prison north, &c.

On motion by Mr. WAGNER, the Senate insisted on its amendments, and Senators Wagner, Claypool, and Ray, were appointed a committee of free conference thereon.

On motion by Mr. MARCH, his bill 251-see page 296 of these Reports-was read the third time, and amended by "excepting the first quarter of the year 1861," and finally passed-yeas 39, nays 2.

On motion by Mr. BEESON, the Sheep and Dog bill [H. R. 176] was read the third time and finally passed by yeas 26, nays 15, as follows:

YEAS-Messrs. Beeson, Blair, Carnahan, Claypool, Conley, Conner, Culver, Dickinson, Grubb, Hamilton, Hull, Johnson, Jones, March, Mellet, Miller, O'Brien, Odell, Kobinson, Steele, Stone, Tarkington, Teegarden, Wagner, Williams, and Wilson-26.

NAYS-Messrs. Anthony, Bearss, Berry, Campbell, Cobb, Craven of Madison, Line, Lomax, Murray, Ray, Shoemaker, Slack, Studabaker, Turner, White, and Wolfe-15.

Senator Wagner's Street Railroad bill 71 was read the third time and finally passed by yeas 31, nays 8.

Mr. DEHART moved to reconsider the vote by which the amendments of the Senator from Delaware [Mr. March] were adopted to the five additional Bank Branch bill [H. R. 62.] He had just received instructions from his constituents, which he felt bound to obey.

Mr. CRAVEN made an ineffectual motion-yeas 22, nays 23-to lay this motion on the table.A call of the Senate, on Mr. MARCH'S motion, revealed the fact that 46 Senators were present and answering to their names.

On his further motion, the absentees were sent for.

Further proceedings in the call were dispensed with.

The motion to reconsider was agreed to by yeas 23, nays 21.

On motion by Mr. WAGNER, the amendment was laid on the table-yeas 23, nays 22 as follows:

YEAS-Messrs. Anthony, Beeson, Berry, Blair, Campbell, Claypool, Conner, Cravens of Jefferson, Culver, DeHart, Hamilton, Hull, Johnson, Miller, Odell, Robinson, Shields, Steele, Tarkington, Teegarden, Turner, Wagner, and White-23.

NAYS-Messrs. Bearss, Carnahan, Cobb, Conley, Craven of Madison, Dickinson, Ferguson, Jones, Landers, Lomax, March, Mellet, Murray, Newcomb, O'Brien, Ray, Shoemaker, Slack, Stone, Studabaker, Williams, and Wolfe-22.

On motion by Mr. WAGNER, the specific appropriation bill H. R. 348 was read the first and second time by title only, under a suspension of the rules-yeas 47, nays 0-and referred to the Committee on Finance.

Mr. CONLEY offered a resolution, which was adopted, calling on the Doorkeeper for a report of his purchases and doings generally.

And then came a recess till 8 o'clock.

NIGHT SESSION.

The House bills 341, 269, 145, 188, 10, 15, 185, 165, 127, 154, 118, were severally read the first time.

The House amendment to the Senate bills 86 and 36 were concurred in.

Mr. CARNAHAN, from the Committee on Claims, returned Wm. F. Nofsinger's claim, with a recommendation that it be indefinitely postponed.

Mr. STUDABAKER, from the Judiciary Committee, returned Senator Bearss' bill 229-see page 267 of these Reports-recommending that it lie on the table.

These reports were concurred in.

Mr. CRAVEN, from the Committee on Corporations, returned the bill [H. R. 326] to revive the charter of the Alton, Mount Carmel and New Albany Railroad, for the action of the Senate.

On motion of Mr. FERGUSON it was read the third time, and finally passed by yeas 38, nays 3.

On motion by Mr. DeHART, the bill [H. R. 294] to authorize proceedings for the removal of the Calumet Feeder Dam, &c., was read the third time [advocated by Senator TURNER] and finally passed by yeas 28, nays 15.

On motion by Mr. STEELE, the bill H. R. 44-see page 50 of these Reports-was read the third time, amended so as to read "five" years instead of "seven," and finally passed by yeas 36, nays 3.

On motion by Mr. WILLIAMS, the rules were suspended-yeas 35, nays 2the bill H. page: 361[View Page 361] R. 188 read the second time, and referred to Senators Williams, Newcomb and Ray.

On motion by Mr. MILLER, the bill [H. R. 77] amending the charter of the St. Joseph Iron Company, (of Mishawaka,) was read the third- time, and finally passed by yeas 38, nays 2.

On motion by Mr. NEWCOMB, the rules were suspendedyeas 36, nays 2the County Library bill [H. R. 10] was read the second and third times, and finally passed by yeas 34, nays 0.

On motion of Mr. MURRAY, his bill 105 see page 159 of these Reports-was read the third time [he said it repeals so much of the present law as compels county commissioners to send out four setts of viewers on a petition to locate or change a highway] and finally passed by yeas 28, nays 6.

On motion by Mr. MARCH, his State Library bill 262-see page 306 of these Reports-was read the third time and finally passed by yeas 37, nays 0.

Mr. TARKINGTON, from the Finance Committee, returned the Valuation and Assessment bill [H. R. 135] with amendments recommending passage. The report was concurred in.

Mr. WAGNER, from the Finance Committee, returned the specific appropriation bill [H. R. 348] with sundry amendments thereto, recommending passage.

The amendments were read and concurred in.

On motion by Mr. WAGNER, the bill was then ordered to be read section by section.

A few amendments were made to the House part of the bill-

At 11: 30 o'clock, the Senate adjourned.

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