HOUSE OF REPRESENTATIVES.
TUESDAY, January 15,1861.The House met at 9 o'clock.
On motion of Mr. HEFFREN, the Hon. Cutler S. Dobbins, ths member elect from the county of Martin, came forward, presented his credentials, received the oath of a member and took his seat.
The journal of yesterday having been read-
Mr. DAVIS said we had agreed to take upwards of 10,600 copies of the Governor's Messages, and he was apprehensive that they would not be distributed before the end of the session. We might get 15 or 16 copies apiece, and the balance would remain in the stationery rooms. He would vote to move a re-consideration. If we could get them in due time, he would like to take them.
The SPEAKER. There is nothing before the House.
THE CLERICAL AND POLICE FORCE OF THE HOUSE.
The SPEAKER laid before the House communications from the Clerk and Doorkeeper respectively responding to the order moved by Mr. Packard yesterday.
The Doorkeeper reported that he had appointed John Johnson principal assistant Door-keeper, and other asssstants, viz: Samuel Hazard, J. N. Johnson, R. A. Vance, Jno. Campbell; also, David Hurley and B. C. Hoyt, firemen, and Erastus Jennerson, messenger. His employees were sufficient until the Committees should be organized.
The Clerk reported names, but that he had not yet fully organized his clerical force.
COMMITTEE OF THIRTEEN.
The SPEAKER announced the Committee of Thirteen to consider all propositions on the State of the Union, viz Messrs. Bundy,; Veatch, Jenkinson, Heffren, Branham, Prosser,Grover, Burgess, Newman, Knowlton, McLean, Hord and Hull.
INSURANCE LAW.
The SPEAKER also announced the Special Committee under Mr. Packard's order to consider the Governor's recommendation with respect to the law of Insurance, viz: Messrs, Packard, Hopkins, Lee, Pelts and Bryant.
Mr. Roberts submitted joint resolution [12] rehearsing that whereas, treason, as defined by the Constitution of the United States, exists in one or more of the States of this Union; and whereas, the insurgent State of South Carolina, by seizing the Postoffice, Custom house, moneys and fortifications of the General Government, and by firing into a vessel ordered by the Government to convey troops and provision to Fort Sumter in that State, has virtually declared war; and whereas, the forts and property of the Untied States Government in Georgia, Alabama and Louisiana have been unlawfully seized, with treasonable and hostile intentions; and whereas, certain Senators and Congressmen avow and sanction their treasonable acts ; therefore resolved, &c., 1.-That being profoundly impressed with the value and importance of the American Union, and being determined to preserve it at all hazards, we hail with joy the recent bold, firm, dignified and patriotic position assumed in the special message of the President to the
page: 47[View Page 47]Congress of the United States, in regard to the rebellious proceedings of the State of South Carolina; That we tender him, through the Chief Magistrate of our own State, whatever aid in men and money may be required to enable him to enforce the laws and uphold the authority of the Federal Government, and in defence of the Union, which has conferred happiness and prosperity on the American people-renewing the pledge given and redeemed by our fathers, we are ready to devote "our lives, our fortunes, and our sacred honors" in upholding the Union and the Constitution.
2. That the Union-loving citizens and representatives of the States of Delaware, Maryland, Virginia, North Carolina, Kentucky, Missouri and Tennessee, who labor with devoted courage and patriotism to withhold their States from the vortex of secession, are entitled to the gratitude and admiration of the whole American people.
3. That the Governor forward a copy of these resolutions to the President of the United States, to each of our Senators and Representatives in Congress, and to each of the Governors of the States of this Union, with a request that the same be laid before their respective Legislatures.
Mr. Roberts said : Mr. Speaker, these resolutions are a verbatim, copy of the resolutions which were unanimously adopted by the New York Legislature on Friday of last week. I devoutly hope, Sir, that the Legislature of Indiana will adopt these resolutions, and then join hands with the General Assembly of the "Empire Strte" in rebuking treason, and in defence of the liberties of the people. I move, Sir, that they be referred to the Committee of Thirteen.
The resolutions were referred accordingly.
NEW BILLS.
Mr. FRAZIER introduced a bill [31] to repeal sec. 15 of the act concerning promissory notes and bills of exchange, approved May 12, 1852, also to repeal sections 881 and 445 of the Practice act, approved June 18,1852, so as to provide a uniform rale for the sale of property on execution or other process:
Mr. BUNDY: [32.] To provide for the rights of married women in cases of the sale of lands on execution, or by virtue of any judicial proceeding, and in all other cases where the wife does not consent to the sale :
Mr. McLEAN: [33.] To perfect the title of purchasers of railroads by foreclosing mortgage or other proceeding either in law or equity, &c., and to enable them to organize corporations and exercize corporate powers:
[A message from the Senate announced that that body had concurred in the House resolution of invitation to the Honorable Abraham Lincoln to visit the General Assembly.]
Mr. McLEAN, as this was a long bill, to save time, he moved to suspend the rules, so that it may be read the second time by its title now.
The SPEAKER (Mr. Sherman in the chair) stated the constitutional provisition requiring the yeas and nays on this motion, and they were orderd ; being taken, resulted-yeas 45, nays 46, so (two-thirds not voting in the affirmative) the order was not suspended.
Mr. ORR: [34.] Authorizing any and all persons to prevent any affray, or an assault and battery, or breach of the peace, and providing punishment for any one holding back or preventing any person from hindering an affray:
Which were severally passed to the second reading to-morrow.
RIGHT OF TRANSIT WITH SLATES.
Mr. WARRUM submitted a resolution directing the Judiciary Committee to inquire whether there is now in force in the State of Indiana any law authorizing slaveholders to pass through this State with their slaves, and if not, that the committee report a bill giving the right of transit to slaveholders with their slaves.
Mr. FISHER objected to the imperative terms of the resolution.
Mr. LANE moved to lay it on the table, but did not press the motion.
Mr. FRASIER moved to refer it to the Committee of Thirteen.
Mr. STOTSENBURG. Why refer this to a Committee to consider national affairs ? He desired to get rid of the matter now, and proposed to amend so that the committee report as to the expediency of such a bill.
The SPEAKER, The amendment is inadmissible.
Mr. PROSSER moved that it be referred to a select committee.
Mr. MOODY made a point of order against debate. There was a rule that all resolutions of this character should go to the Committee of Thirteen without debate.
Mr. NEBEKER desired to keep this eternal nigger question out. It had split the Democratic party, and he supposed gentlemen on the other side hoped it would split the Republican party. All he wanted was to stop its discussion here.
Mr. PROSSER supposed the number five would be proper for the amendment he had offered. He concurred with the gentleman from Warren in his desire to get rid of the nigger question.
Mr. NEBEKER desired to amend so as to take away its imperative character.
Mr. BUNDY. The resolution was imperativeit requires the Committee to report a bill. It was immaterial what committee received itit was imperative to bring in a bill. He moved that the resolution and amendments be laid on the table.
The yeas and nays being demanded, ordered and taken on the question, resultedyeas 59, nays 38.
page: 48[View Page 48]So the resolution and amendments were laid on the table.
NEW BILLS.
Mr. CASON submitted a bill [35] to amend section 238 of the Practice act of June 18. 1852, so as to admit parties in civil actions to testify in their own behalf:
Mr. WOODHULL: [36.] For the relief of the heirs of Michael O Brien deceased :
Mr. EDSON: [37.] To amend section 8 of the liquor law of 1859, and to allow boards o commissioners to make locations of school-house sites, and to erect and repair school-houses:
Which were severally passed to the second reading to-morrow.
STATE OF THE UNION.
Mr. HOLCOMB submitted a joint resolution [14] being a memorial to Congress on the State of the Union. [It is identical with that printed in the Senate proceedings of this day submitted by Mr. Ray.]
Mr. HEFFREN would make a statement that gentlemen might understrnd the reason of a motion he desired to make. These resolutions were the production and result of the Democratic cuacus of memkers last night. He asked not to debate them, but that the question might be taken on a motion to suspend the rule-the operation of the resolution of the gentleman from Spencer, (Mr. Veatch,) and a vote directly upon the adoption of the memorial. The paper should not be regarded as coming from a party. It was in the name of the whole body of the General Assembly.
Mr. BINGHAM concurred heartily with the gentlemen from Washington and Harrison, that propositions looking to the condition of the country at the present time ought not to be regarded as of a partizan character. But the gentleman had announced that it was the united voice of the Democratic party. Under these circumstances, when it was asked to suspend a rule of the majority to enable gentlemen to consider such a proposition, he objected.
Mr. HEFFREN did not regard it as a partizan proposition.
Mr. BINGHAM. But at the same time it was announced that it was adopted by a party in caucus, lie saw no good reason for making the exception sought in the case of this memorial. With the same propriety other gentlemen might prepare other plans for the adjustment of national disturbances, and insist that they should be exempt from the operation of the resolution of the gentleman from Spencer. He opposed all exemptions unhestitatingly, and insisted that this matter should take the course of every resolution of a similar character.
The SPEAKER decided Mr. Heffren's motion out of order. The Chair did not understand Mr. Veatch's resolution as a rule of the House, and the only way its effect could be obviated would be by repeal.
Mr. HEFFREN acquiesced. He had simply asked it as a matter of courtesy.
Mr. MOORMAN submitted two resolution declaring that the provisions of the Constitution are ample for the preservation of Union and protection of all the national interests of the country; that it needs to be obeyed rather than amended, and our release from our present difficulties is to be looked fof in strenuous efforts to preserve and protect public property and enforce laws, rather than new guarantees for particular intent, or compromise, or concession.
2. That all attempts to dissolve the or to overthrow the Constitution, or even to call a convention under the present excite, ment, are dangerous and illusory, and in the opinion of this House, no compromise is practicable, and, therefore to the maintainance of the existing Union and Constitution should be directed all the energies of the government.
They were referred to the Committee of Thirteen.Mr. PACKARD offered a resolution in reference <o the inaugural of Governor Lane-regarding it as incendiary in the present crisis, and as not representing the views of the people of Indiana.
They took the same direction.
WABASH AND ERIE CANAL.
The SPEAKER laid before the House, the Report of the Trustees of the Wabash and Erie Canal.
Mr. NEBEKER submitted an order that it be referred to the Committee on Canals and Internal Improvements, and that 500 copies be printed.
Mr. JENKINSON proposed 2,000.
Mr. HEFFREN. Why print it at all.
Mr. NEBEKER. We want to know by what means the canal is kept up. It is a question of vast interest to us, but we ask only the usual number. If the gentleman can spare any of his copies, let him send them to the Wabash region.
Mr. Jenkinson's amendment was rejected.
Mr. BRANHAM. It seems unusual to refer a thing for a committee when the House know nothing about it.
Mr. NEBEKER had received the report from the resident, trustee on the part of the bondholders, and he had no doubt it was the report of the trustees of the Wabash and Erie Canal. If the House would order the printing, gentlemen could read it at their leisure.
Mr. BRANHAM desired the gentleman to withdraw the reference-he desired merely to lay on the table and print.
Mr. NEBEKER acquiesced, and the order was made accordingly.
COLONEL JOHN VAWTER.
Mr. FEAGLER submitted an order rehearsing, that, whereas, Col. John Vawter, the first U. S. Marshal for the District of Indiana, a soldier in the war of 1812, and for many years a member of the Legislature of the page: 49[View Page 49] State, now in this city, Be it resolved, that he be invited to a seat inside of the Hall during the time the remains in the city.
Mr. HEFFREN proposed to amend by extending the invitation to all soldiers of the war of 1812.
Mr. PARRETT would like to provide against the soldiers coming here for the purpose of getting a seat.
Mr. FEAGLER was willing to accept the amendment of Mr. Heffren. Col. Vawter was an old veteran. He received the appointment of Marshal of Indiana from President Madison.
Mr. ORR did not consider that there was anything to prohibit these characters from the floor.
Mr. PROSSER. It would give him pleasure to vote for the resolution. Col. Vawter was his neighbor.
Mr. MOORMAN was willing to extend all honor to the soldiers of the war of 1812, but there was danger of inviting a crowd.
Mr HEFFREN was willing to accept the invitation in all its extent.
Under the operation of the previous question demanded by Mr. McLEAN, the resolution was adopted as amended.
LEAVE OF ABSENCE.
Mr. FERGUSON asked and obtained leave of absence for Mr. Stephenson, whose son died yesterday morning.
POSTAGE STAMPS
Mr. JONES, of Vermillion, from the Committee on Stationery, reported that in the apportionment of postage stamps for members, each member must be minus one three cent stamp for the cost of exchange on the gold to purchase them.
Mr. WOODHULL submitted a resolution, which was adopted, requesting the Auditor of State to procure of the several county auditors a statement of the whole amount for which warrants or orders were drawn on the Treasury of their respective counties in favor of said auditors for official services rendered by them, from the 18th of June, 1859, to the 1st of June, 1860 ; and that he report the same to this House.
Mr BRUCKER introduced a bill [H. R.38,] to amend sections 2, 4, 5, 6, 8 and 11 of the act to regulate the sale of liquors, approved March 5, 1859; which was passed to the second reading to-morrow.
Mr. GRESHAM submitted a joint resolution, [14,] declaring that the people of this State still retain their affection for the Union inherited from the generation of men who achieved our liberties in the great struggle for independence, and secured them in that sacred instrument the Constitution, in which justice is established, domestic tranquility is insured, and the common defense and general welfare are provided for; and they regard its perpetuation as the only safe guaranty for the continuance of the wonderful prosperity and happiness which have led us to our present high position amongst the great powers of the earth; and they deny the right of any member of tin's confederacy to repudiate the Constitution made by all the people of the States, by seceding from the Union, and thereby disturbing the harmony and periling the happiness of the whole.
2. That while they would not deny to any State a right guaranteed by the Constitution, they insist that the authority of the general government shall be maintained and the constitutional laws of Congress impartially enforced in all the States and Territories; and that the armed resistance to the execution thereof, on the part, of the citizens of any State is treason.
3. That the people of Indiana are opposed to any interference by the Government or people of our State with the domestic institutions of another; that they ever have and always will maintain the same respect for the rights of other States which the zealously exact for their own ; that they will scrupulously discharge all their constitutional obligations toward sister States, and they demand a like observance of the same from the other States of the Union.
4. That if any State of this Union has enactments on its statute books in conflict with the provisions of the Federal Constitution, or any of the laws of Congress passed in pursuance thereof, it is the duty of such State to repeal the same.
5. That it is the duty of the Federal Government, and of the several States, to secure to the citizens of each State all the privileges and immunities of citizens of the several States as guaranteed in the Constitution, and a failure to discharge this obligation will destroy that harmony and paternal feeling which lie at the foundation of our free institutions.
6. That the conduct of these patriotic men, who in the midst of the tide of disunion which is sweeping over a portion of our once happy country, still retain their affection for the Union and are bravely battling for the preservation of the authority of the General Government, excites our earnest sympathies and challenges our admiration.
7. That, in view of the fact that a portion of the citizens of some of the States of this Union are in open armed rebellion against the power and authority and threaten the overthrow of the General Government, we hereby pledge, whenever necessary and demanded, in strict subordination to the civil authority, for the maintainance of the Constitution and laws of the General Government, the entire power and resources of the State of Indiana.
They were referred to the Committee of Thirteen.
NEWSPAPERS.
Mr. BOBBINS, from the Special Committee on Newspapers, reported an order that the page: 50[View Page 50]Door-keeper procure three copies of the Daily Journal and the Daily Sentinel, two of which shall be enveloped and stamped; also one copy of the Volksblatt and of the Free Press, both to be enveloped and stamped; also one copy of the Weekly American-all to be placed upon the desk of each member.
Mr. HEFFREN objected to the Free Press or account of one of the articles in its last issue
Mr. FISHER proposed to strike out all except the Journal and Sentinel, which was accepted by Mr. Heffren. But without coming to any conclusion thereon-
The House took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. MOODY demanded the previous question on the adoption of the Newspaper Committee's report, and the demand was seconded by the House.
The SPEAKER. According to Jefferson's Manual the previous question cuts off all amendments, which will not be the case under the rules we will adopt.
Mr. HEFFREN demanded the yeas and nays, which being ordered and taken, resulted-yeas 64, nays 32.
So the report was adopted.
Mr. FRASIER made an ineffectual effort to resolve the House into Committee of the Whole upon the consideration of Ex-Governor Hammond's message.
POSTAGE STAMPS.
On motion by Mr. BUNDY it was ordered that the Principal and Principal Assistant Clerk be allowed each three dollars' worth of postage stamps.
BANK REPORT.
The SPEAKER laid before the House the report of the Bank of the State and the various Branches thereof.
On motion of Mr. BRANHAM it was ordered that they lie upon the table and 200 copies thereof be printed for the use of the House.
NEW BILLS.
Mr. NEBEKER introduced a bill [39] to authorize the formation of new counties, to change county boundaries and to repeal all laws inconsistent therewith.
Mr. McCLURG. [40] To amend sec. 3 of the act providing for the protection of wild game, approved February 26, 1857.
Mr. NEWMAN. [41] To amend the 12th sec. of the act to authorize the construction of levees and drains, approved June 12th, 1852.
Mr. HOLCOMB. [42] To authorize the Gibson County Circuit Court to hear testimony and make a decree in reference to the erection and sale of the county seminary of said county.
Mr. Williams : [43] To repeal the act to regulate the license of pilots in the falls of the Ohio, requiring bond and security of such pilots, &c., approved June 15, 1852; also to repeal the act amendatory thereof, approved Dec. 22, 1852.
Mr. McLEAN: [44] To amend the first section of the act providing for the management and disposal of the estates of persons who have absented themselves from their usual place of residence and gone to parts unknown, approved March 5, 1839.
Which were severally passed to their second reading to-morrow.
STANDING RULES.
On motion of Mr. HEFFREN the House took up the consideration of the report of the special committee on rules and joint rules and adopted it, exepting the third clause of the 16th section of the joint rules; which was referred back to the Committee.
Mr. HORTON submitted a resolution to the effect that no part of the expense to be incurred on account of the invitation for Mr. Lincoln to visit the General Assembly, shall be paid out of the State Treasury.
On motion by Mr. BUNDY, it was laid on the table.
APPORTIONMENT FOR REPRESENTATION.
Mr. HAYES submitted a resolution, which was adopted, for a joint committee of seven, four on the part of the House and three on the part of the Senate, whose duty it shall be to report a plan of apportioning the State of Indiana for Senatorial and Representative purposer for the next six years.
THE CAPITOL FLAG.
The SPEAKER laid before the House a statement from the Doorkeeper that he had procured the flag ordered by the Heuse for the dome of the Capital, and would be prepared to raise the same next Friday, at 2 1/2 o'clock.
The SPEAKER also laid before the House printed reports from the President and Trustees of the varions benevolent institutions of the State.
The House then adjourned.
