BREVIER LEGISLATIVE REPORTS
BY ARIEL & W. H. DRAPIER
Vol. IV INDIANAPOLIS, JAN. 21, 1861 No. 4
body inviting the Senate to a joint convention at 2 o'clock, for the purpose of electing a United States Senator; and asked the return of the House resolution authorizing a joint committee on apportionment.
CLERICAL AND POLICE FORCE OF THE SENATE.
The LIEUT. GOVERNOR laid before the Senate communications from the officers thereof, stating the number of assistants employed by each, to wit: By the Principal Secretary, four clerks; by the Assistant Secretary, four clerks; by the Doorkeepers, four assistants each-sixteen, besides the four principals-total, twenty clerks and doorkeepers.
NEW COUNTIES AND COUNTY LINES.
Mr. CONLEY, from a majority of the select Committee to which was referred his bill, [S. 6,] repealing the new county and county boundary act of March 7, 1857, reported it back with an amendment repealing the act of '59 also.
Mr. ANTHONY. This seems to be a matter of great importance. Two years ago, those of us not directly interested in the matter voted for the passage of the bill more out of personal friendship to members urging it, than anything else: thus we pass general laws for local purposes, and the consequence is we are getting upon our statute books a kind of legislation which a provision of our Constitution is designed to prevent. I object to this report being acted upon at this time. I am satisfied the committee has not had time to make the proper investigation of the subject. It seems that one of the special reasons assigned why the law of '59 should be repealed is that there is some informality appertaining to its passage, upon the journals of the House, by reason of which they say it is wholly invalid. If so, they ought not to desire its repeal. I move the reference of the whole matter to the Committee on County and Township Business.
Mr. CONLEY. I hope the reference will not be made. There is not a county in the State having a surplus of territory but that has experienced various difficulties growing out of the passage of the act of 1859. I have no objection to the formation of new counties out of certain territory, if the consent of the whole people to be affected could be obtained.As a matter of justice to the older counties, we ask protection from the injurious effect of these laws.
Mr. WAGNER. This is a perfect exemplification of hasty and inconsiderate legislation ; and this kind of action always affects persons which never were intended to be affected by it. I ask Senators to take time and think before passing this bill. I move to recommit with instructions to strike out all that relates to the law of 1859, as an amendment to the motion submitted by the gentleman from Floyd, [Mr. Anthony.]
Mr. BLAIR. I hope this bill will be re-committed to the proper committee. There are conflicting opinions in regard to the passage of this bill. I voted for the passage of the law of 1859, and have heard of no inconvenience to my constituents resulting therefrom. If gentlemen want amendments to the law let them come up and propose them without endeavoring to strike out all the provisions in relation to this matter.
Mr. JOHNSON. The only difference between the law of 1857 and the law of 1859 is, the former prescribes that the limits of a county shall not contain less than 400 square miles, while the latter reduces the number of square miles to 200.
Mr. WOLFE. I believe the statute of 1857 ought to be repealed. Therefore I am opposed to a reference. Under the statute of 1857 permitting a change of county boundaries, a county may be cut wholly in two without the consent of any considerable portion of its citizens. A more outrageous law was never upon our statute book.
Mr. STEELE was in favor of referring to a committee with instructions to strike out the law of 1859. Nine-tenths of his constituents were opposed to that law. It was rushed in at the close of the session, and rushe through, when he voted for it without knowing its effects. He was now in favor of its repeal.
Mr. TURNER regarded the law of 1857 more objectionable than the law of 1859. He was in favor of repealing both the law of 1857 and the law of 1859.
Mr. MARCH had no local interest in the law, but preferred to have further reflection before voting squarely upon the repeal of the law, and would vote to refer the matter to the page: 52[View Page 52] Committee on County and Township Business.
Mr. HULL. Ripley county feels deeply interested in the repeal of the law of 1859. He should vote for re-committal with the instructions proposed by the Senator from Warren, [Mr. Wagner.]
Mr. WAGNER wanted to vote for the unconditional repeal of the law of 1859, but not for the repeal of the law of 1857. No Senator can justify the law of 1859. He would like to see a law passed leaving this matter to a majority of the parties interested.
Mr. ANTHONY had reason to believe there were political considerations connected with this subject, though probably not confined to any one party. He regarded these laws to be exponents of the doctrine of popular sovereignty, and was surprised to see the Senator from Green, [Mr. Conley] and from Harrison, [Mr. Wolfe,] opposing them.
Mr. WOLFE, (interrupting) more properly squatter sovereignty. [Laughter.]
Mr. ANTHONY confessed lie was at a loss to tell the difference. There was great impropriety in legislating upon this report, because it comes from the friends of the measure. This discussion proves the necessity of sending this bill to a disinterested committee, that it may report what legislation is necessary.
Mr. STEELE. If the question were submitted to his county, there would not be more than one township out of the thirteen that would vote for the law of 1859.
Mr. CONNER moved to refer to the Committee on County and Township Business, with instructions to report by bill what legislation they deemed necessary on the subject.
Mr. TEEGARDEN was anxious that this matter should be freely investigated. Under the act of 1859 there was an effort made to take a slice out of his county to its injury. Three-fourths of his constituents would favor a repeal of that act. He favored the reference of this subject to a committee.
Mr. CONLEY urged immediate action by the Senate, and hoped the matter would not be sent back to a committee.
Mr. Conner's amendment to the amendment was agreed to: affirmative 20; negative 17.
The amendment as amended was rejected upon a division.
Mr. WAGNER moved to concur in the report by striking out all that refers to the law of 1857. The objectionable feature in both laws is, that it gives the right to a few to dismember a county.
Mr. TARKINGTON, as a test vote, moved to lay Mr. Wagner's motion on the table.
This motion was agreed to by yeas 30; nays 14.
Mr. WILLIAMS made an ineffectual motion to concur and re-commit, with instructions to strike out all that relates to the law of 1857.
The report of the Committee was then concurred in.
ELECTION OF U. S. SENATOR.
Mr. MURRAY moved to suspend the regular order, and take up the House resolution calling for a Joint Convention to elect a U. S. Senator this afternoon.
The motion was agreed to.
Mr. STEELE moved a concurrence in the resolution by the Senate.
Mr. MARCH desired to elect a United States Senator this day. The true rule is to elect in separate session. The Republican party in this body to be consistent, must vote for this proposition. The very object of having two Houses in the General Assembly is, that one may act as a check upon the other.
Mr. SLACK. In order for the Republican party to be entirely consistent they ought not to go into an election at all. [Laughter.] I recollect four years ago the Republican party absolutely refused to go in.
Mr. CONNER. How was it in 1844-5?
Mr. SLACK. I was not here then. But I approbate the proposition of the Senator from Delaware, [Mr. March.] I do hope to see, in that party of which he is so prominent a member, something like consistency.
Mr. BEARSS. The Senator from Huntington, [Mr. Slack,] is mistaken. We were invited thereat least we did not refuse to go there. They went in such haste that they would not wait till the time came.
Mr. SLACK. Are you sure the clocks agree now ? [Laughter.]
Mr. MARCH. As I. recollect, we did not refuse to go, but they left us as Joseph left Potiphar's wife. [Laughter.]
Mr. STEELE withdrew his motion to concur.
Mr. MURRAY renewed it.
Mr. WAGNER moved that the consideration of the resolution be postponed till 2 o'clock.
Mr. SHOULDERS made an ineffectual motion to adjourn.
Mr. MURRAY. There never has been a question raised in regard to the legality of election of U. S. Senator, either by joint ballot, or concurrent resolutions ; and as the House has signified its desire to go into the election at 2 o'clock to-day, I think the best plan is for the Senate to concur in that resolution.
Mr. CLAYPOOL. I do not hold myself responsible for previous legislation, and have no desire to maintain a consistent record for any party or for myself. Whenever I am satisfied that a principle of action is right, I shall so vote, and it seems to me a very poor argument for gentlemen to say that we may not act consistent with former proceedings. It is a matter of no importance to the party to which I belong whether the election be by joint session or by separate action ; but a different state of affairs may happen two years hence. We may have the control of but one House, and if that should be the case, I am in favor page: 53[View Page 53] of joint action of the two Houses. Let the public will be carried out, no matter what party be in power. I am, therefore, against post-ponement and for immediate action.
Mr. MURRAY made an ineffectual motion to lay Mr. Wagner's motion on the table.
The motion was then agreed to, upon a division.
SOLDIERS OF 1812.
Mr.DICKINSON offered a resolution, which was adopted, inviting Col. John Vawter, and any other soldier of the war of 1812, to seats on the floor of the Senate.
And then-
On motion, the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. CRAVENS offered the following :
Resolved, That the Senate and House of Representatives shall, upon the passage of this resolution by either House, proceed immediately thereupon to choose a person to represent this State in the Senate of the United States for six years from and after the fourth day of March.
Second. That the person who shall receive a majority of the votes given in both Houses, shall be declared duly elected to serve as such Senator.
Third. The President and the Secretary of the Senate, and the Speaker and Clerk of the House of Representatives shall, immediately upon the choice, as herein provided for by their respective Houses, certify the same to the Governor, who shall commission the person so chosen as such Senator.
Mr. SLACK, made an ineffectual motion to lay the resolution on the table yeas 16, nays 31.
Mr. SLACK. This seems to me to be a strange sort of proceeding. It is the first time in the history of the State that an attempt has been made to reverse the rule which has worked so well for nearly half a century in the State of Indiana. I can see no good reason for it. Though I presume the gentleman who introduced the resolution can give one.
Mr. CRAVENS. I will say in reply that we are to-day as we have been since the adoption of the present State Constitution without any law regulating the choosing of U.S. Senators, and inasmuch as the Constitution of the United States prescribes that they shall be chosen by the Legislatures of the several States, we go back to that Constitution to ascertain what is 'our Legislature. We find that it shall consist of a Senate and House of Representatives. Now, sir, we choose this method, for we have no law in our Constitution authorizing a joint convention. The only instance wherein that instrument contemplates a union of the two Houses, is that which prescribes a certain duty of the Speaker of the House in opening the votes cast for Governor and Lt. Governor, and in my opinion it does not contemplate a joint session then. It is the duty of the Speaker to count the votes in the presence of both Houses: he may first go to one House and then to the other, or he may stand between the two. In my opinion the way proposed is the only way we can proceed to choose the Senator.
Mr. SLACK did not say that the way proposed was illegal, but he could see no reason why we should be called upon to do away with a rule which has succeeded so well for so long a time.
Mr. RAY thought if the reasoning of the Senator from Jefferson, [Mr. Cravens,] be valid, a Senator could only be elected by a bill, and if by a bill, then the bill must be read a first, second and third time taking the regular constitutional mode of maturing a bill. This proposition is but a proposition to check a time-honored custom. He would make no factious opposition to the resolution, but insisted that no invasion should be made upon the practice heretofore obtaining in our Legislature. We ought not at this time to set a bad precedent when there is no need of it.
Mr. TARKINGTON raised a point of order, that the first business of the Senate was to dispose of the House resolution, which was made the special order for two o'clock.
The point was sustained.
Mr. CRAVENS, with the consent of the Senate, withdrew his resolutions, and on his motion the House resolution was laid on the table by yeas 25 nays 20.
Mr. CRAVENS again offered his resolution, demanding the previous question; the demand was sustained by yeas 28, nays 20.
The main question being ordered-
The LIEUT. GOVERNOR declared the resolution adopted.
[A message from the House announced the passage of a resolve to elect a United States Senator by concurrent vote of the two Houses ; which resolution the Senate concurred in after casting its vote for Senator.]
Mr. SLACK offered a resolution identical with the one offered by Representative Heffren at the organization of the House, [printed on page 7 of these Reports.]
The LIEUT. GOVERNOR decided nothing to be in order but the vote for Senator.
Mr. WAGNER. In accordance with the decision of the Chair, I nominate Henry S. Lane as a candidate for that office.
Mr. LINE. I present the name of Joseph A. Wright.
The roll was called and the following the viva voce vote resulted: for Henry S. Lane, 27; for Joseph A. Wrigt, 21.
Mr. CRAVENS. I believe Henry S. Lane has received a majority of the vote cast.
The LIEUT. GOVERNOR. Yes, sir.
Mr. CRAVENS. I move that the House be immediately informed of the action of the Senate.
The motion was agreed to by consent.
[The last message received from the House was taken up, and the accompanying resolution concurred in by the Senate.]
NEWSPAPERS FOR MEMBERS.
Mr. SLACK offered a resolution directing the Doorkeeper to subscribe for the use of the members and officers of the Senate, for three page: 54[View Page 54] copies each of the Daily Sentinel and the Daily Journal, two to be enveloped and stamped, and three copies each of the Volksblatt and the Free Press, enveloped and stamped.
The resolution was decided out of order until the resolution subscribing for newspapers, adopted yesterday morning, should be rescinded.
Mr. LINE made a motion to reconsider the vote adopting the resolution of yesterday.
After some remarks by Messrs. Bearss, Claypool, Murray, Ray and others-
Mr. WAGNER made an ineffectual motion yeas 20, nays 26-to lay the motion on the table.
The motion to reconsider was then agreed to by yeas 32, nays 15.
An ineffectual motion was made to adjourn.
On motion by Mr. SLACK, the resolution of yesterday was laid on the table.
Mr. SLACK then offered his resolution printed above.[A message from the House announced the concurrence of that body in the Senatorial resolutions relating to the mode of electing U. .S. Senators; also, that "the House has elected Henry S. Lane U. S. Senator for six years from the 4th of March, 1861;" also, the adoption of resolution inviting the Senate to repair instanter to the Hall of the House to witness the inauguration of the Hon. Oliver P. Morton as Governor-he becoming such in consequence of the resignation of Hon. Henry S. Lane.]
On motion by Mr. WAGNER, the resolution before the Senate was laid on the table, in order to accept the invitation from the House.
The LIEUT. GOVERNOR laid before the Senate the resignation of the Hon. Henry S. Lane of his office as Governor of the State.
On motion by Mr. TEEGARDEN, this letter of resignation was ordered spread upon the journal of the Senate.[It is substantially recited in the House proceedings of this day.
The LIEUT. GOVERNOR called Senator Cravens to the Chair.
The invitation of the House was then accepted, and Senators immediately left the Chamber to respond thereto.
When the Senate returned-
On motion by Mr. MURRAY, the newspaper resolution was taken from the table.
An ineffectual motion was made to adjourn.
Mr. NEWCOMB moved to amend the resolution by adding the words "three copies of the American"
Mr. SLACK demanded the previous question; and the demand was seconded by yeas 32, nays 15.
The amendment was agreed to by yeas 25, nays 23.
The resolution as amended was adopted by yeas 24, nays 23.
And then-
On motion, the Senate adjourned.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 16, 1861.The House met at 9 o'clock-Mr. Branham in the chair.
Mr. WOODHULL submitted a resolution inviting the Senate to participate with the House of Representatives in raising the National Flag on the dome of the Capitol next Friday, at 2 1/2 o'clock.
Mr. HEFFREN. It was still uncertain whether we would be ready at the hour designated.
Mr. WOODHULL withdrew the proposition.
Mr. BUNDY submitted an order, which was adopted, inviting the Senate to meet the House in joint convention this day at 2 o'clock p.m., for the purpose of electing a United States Senator.
THREE PER CENT FUND.
Mr. DOBBINS submitted a resolution instructing the Auditor of State to report to the House a statement showing as early as possible the amount, if any, of the Three per cent. Fund due the State of Indiana from the General Government; also the amount distributed to the various counties in this State.
Mr. DOBBINS. In the county of Martin there are some $400 or $500 of this fund, belonging to our citizens, and if the General Government owes the State any of this fund, he suggested that it would be proper to collect it while we may.
The resolution was adopted.
Mr. CRAIN submitted a resolution, which was adopted, tendering the thanks of the. House of Representatives to the Hon. Judge Perkins for his attentions in the qualification of the Governor and Lieut. Governor last Monday.
APPORTIONMENT.
Mr. HEFFREN moved to reconsider the vote of yesterday adopting the order for the appointment of the joint Committee on Apportionment.
The SPEAKER. It is a concurrent resolution, and has gone to the Senate.
Mr. HEFFREN then moved that the Clerk be directed to ask for its return to this House, and the order was made by consent.
The SPEAKER now announced the order of business of the House.
The Committee on the Capitol Flag was announced, namely: Messrs. Heffren, Bryant and Veatch.
Mr. FRASIER submitted a resolution, which was adopted, requesting the Treasurer to make a report to this House at as early a day as practicable of the amount of all sums of money paid out of funds belonging to the State not appropriated by law, specifically stating to whom such payments have been made, and by what authority.
Mr. McLEAN made an ineffectual motion to suspend the order of business, so as to enable him to move to take up the consideration of bills on the second reading.
page: 55[View Page 55]E. PLURIBUS UNUM.
Mr. ORR submitted a resolution, which was adopted, that the Doorkeeper be directed to procure and fix in the beak of the eagle surmounting the clock behind the Speaker's Chair an appropriate scroll, bearing the National motto-"E. Pluribus Unum."
ROADS.
Mr. HAWORTH submitted a resolution, which was adopted, directing the Judiciary Committee to inquire into the constitutionality of enacting a law, providing that residents on the location of turnpike and plank roads may levy a tax on real estate for the purpose of constructing said roads.
Mr. WOODS submitted an order that John A. Henricks and A. Hurd be added to the committee to investigate the affairs of the Northern State Prison.
Mr. JENKINSON hoped that would not be done.
Mr. HEFFREN. The Speaker had declared his purpose to appoint a perfectly disinterested committee-had evidently desired to avoid the charge of appointing a whitewashing committee. The committee was large enough, and the State would have to pay enough for it. He remembered the $20,000 cost of the Bank Frauds Committee.
Mr. PARRETT did not want to see the committee enlarged. Coming from the north part of the State, he thought it preferable to have just such a committee as had been selected from the South part of the State.
On motion by Mr. ORR, the order was laid on the table.
Mr. WARRUM submitted a resolution, which was adopted, requesting the Judiciary Committee to inquire into the expediency of requiring all civil cases of appeal from justices to be decided on the papers and evidence reduced to writing before the justice.
STATE PRINTER'S PRICES.
Mr. RANDALL submitted a resolution for a select committee of seven to inquire in to the prices paid to the State Printer, &c., and report on the same.
Mr. FISHER suggested that it go to the Committee on Printing.
The SPEAKER. There is none.
Mr. RANDALL. The object is to give the matter to a committee of practical printers.
The resolution was adopted.
Mr. PROSSER submitted an order, which was adopted, that the Doorkeeper be instructed to procure scales and a list of prices of postage for use in the stationery room.
Mr. COOPRIDER submitted a resolution, which was adopted, directing the Committee on Education to inquire whether there is any law authorizing the loaning or distributing school money arising from estates without heirs.
Mr. DOBBINS submitted a resolution, instructing the Committee on Right and Privilege to inquire into the expediency of so amending the law in reference to stock killed by cars or locomotives of railroads, as to compel the owners of railroads under proper penalties to deposit bonds or securities not more than $50,000, nor less than $10,000, with the auditor of the county in which their principal office is established.
2. That in case of any railroad failing to fence their roads according to law, or to pay a just valuation for stock killed by them, the owners of stock so killed shall have a lien upon such securities for damages ; and in case of failure to realize damages by execution and sale of other railroad property, then they have recourse on said bonds.
3. The Ohio and Mississippi railroad having no principal office in the State, that they be compelled to deposit securities with the auditor of Knox county.
Mr. DOBBINS considered it was high time the Representatives of the people began to legislate for the benefit of the people of the State. We had been legislating for the benefit of these corporations for a number of years. The people of the County of Martin were imposed upon by the Ohio and Mississippi Railroad in the destruction of their property along the line of that road, nearly every clay; and when the bill for damages is presented, they say they are too poor to pay. When they are asked to fence their road, they are still too poor. But recently, when the Prince of Wales passed over the State, the President, of the road, at Cincinnati, was not too poor to fit up a car in a style of regal magnificence to transport the future King of England from St. Louis. About the same time the Road Agent answered a claim of damages for killing a poor widow's cow, that the Company was too poor. He appreciated the general value of railroads to the country, but still the rights of private property should be respected.
The resolution was adopted.
Mr. NEBEKER made an ineffectual effort to reconsider the order for Cushing's Manual, and make it Jefferson's because, he said a sufficent number of Cushing's could not be supplied from the Library.
Mr. WHITE submitted an order which was adopted that no committee of the House should employ a clerk at the expense of the State without being previously authorized.
Mr. BOBBINS submitted an order, that the Doorkeeper, mark the enveloped newspapers order for the use of members so as to distinguish their political character.
Mr. PROSSER proposed that the Free Press newspaper, instead of being marked with the letter F, should be marked with the " let-her-rip."
Mr. CAMERON looked upon the order as entirely unnecessary. He believed the publishers had some understanding about wrapping, so as to be distinguished. At any rate, at present, the JOURNAL was larger than the Sentinel, page: 56[View Page 56] and that would do, unless the Sentinel should enlarge. He moved to lay the resolution on the table.
The motion was agreed to.
Mr. BUNDY submitted a resolution which was adopted that the Committee on the Judiciary inquire into the expediency of so amending the law regulating the jurisdiction of courts as that the court of common pleas shall have jurisdiction of all crimes and misdemeanors, except such as belong to the jurisdiction of justices of the peace.
Mr. OWENS submitted a resolution directing the Committee on County and Township Business to inquire into the ezpediency of changing the laws so as to require the jails to be ke kept by coroners instead of sheriffs.
Mr. McCLURG submitted an order which was adopted, requiring the Judiciary Committee to inquire into the expediency and constitutionality of granting to the county commissioners power to levy taxes for local improvements.
Mr. WOODS, submitted a resolutioon which was adopted directing the Committee on Education to inquire into the expediency of increasing the levy so as to insure a school for at least six months of each year.
Mr. WARRUM submitted an order, which was adopted, that the Committee on Roads inquire into the propriety of making it the duty of supervisors to clear out obstructions in rivers and water-courses in their districts.
Mr. VEATCH submitted an order, which was adopted, directing the Committee on Roads to inquire into the expediency of so amending the road law as that no person shall be required to work on the road more than two days in each year; and providing for keeping up the highways by a tax on all the property in the township.
Mr. WOODRUFF submitted a resolution, which was adopted, that the Committee on Roads inquire into the expediency of so amending the law for the election of supervisors as to require them to execute a bond for the faithful performance of their duties.
Mr. TURNER submitted an order for the Judiciary Committee to inquire into the expediency of so amending the Practice Act that bills of exception shall not pe signed in vacation , and so modifyinff the privilege that the opposite party shall have notice of the time and place of tendering such bill to the judge.
Mr. HEFFREN submitted an order which was adopted, that the Stationery Committee furnish the Doorkeeper with three dollars worth of stamps.
CONVENTION OF THE BORDER STATES.
Mr. POLK submitted a resolution that the Committee on Federal Relations, inquire and report at an early day on the expediency and propriety of the State of Indiana recommending a convention of the Border States, free and slave States, to meet at Louisville not later than the 22d day of February, and of sending delegates thereto to consider the State of the Union, who shall report to this body before its adjournment.
ENROLMENT OF THE MILITIA.
Mr. MOODY submitted a resolution, directing the Committee on Military Affairs to port a bill providing for the immediate enrolment of the Militia of this State.
Mr. HEFFREN. Put it in the form of an inquiry.
Mr. MOODY said there had been no adequate enrolment of the Militia of the State for the last thirty years; and consequently had not received our quota of arms from the General Government. We were now without public arms-had no provision for defence-and in the present aspect of affairs it was expedient that we should be in readiness to draw such arms from the United States as we are entitled to. He thought the case needed no inquiry. It was well known that there was no adequate law of enrolment. There was a sort of a Militia Law passed a few years ago; but it has been disregarded, because there was nothing in it-no pay-no penalty-no adequate sanction.
Mr. HEFFREN. If the gentleman desired the Militia law to be perfected, why did he not do it himself, instead of creating a committee He should not shirk the labor and responsibility of a bill, by compelling a committee to report one.
Mr. STOTSENBERG proposed to amend by inserting appropriately the words, "enquire into the propriety or expediency of."
The amendment was agreed to, and so the resolution was adopted.
Mr. SMITH, of Bartholomew, submitted a resolution, which was rejected, declaring the opinion that there had been more resolutions offered to inquire into the expediency of reporting bills, than there was likely to be bills reported during the session.
BILLS INTRODUCED.
By Mr. WILLIAMS. [45] To regulate Insusurance Companies not incorporated by the State of Indiana:
By Mr. GROVER, [46] To regalize the acts and proceedings of certain special terms of the Circuit Court:
By Mr. COLLINS, of Adams. [47] To amend the 29th section of the act for the election of supervisors of highways, and prescribing certain duties of township officers ; approved March 5, 1856:
By Mr. BLACK. [48] Supplemental to the act regarding estrays and articles adrift; approved June 16, 1852:
By Mr. ATKINSON. [49] To prevent hogs from running at large without a ring in the nose:
By Mr. CAMERON. [50] To repeal the act to provide for the return of juries in the Common Pleas Court on the third day of the term; approved March 5, 1859:
By Mr. JONES, of Vermillion. [51] To fix page: 57[View Page 57] the time of holding the Circuit Court in the 8th Judicial Circuit, and to repeal all laws in conflict therewith:
By Mr. COLLINS, of Huntington. [52] To authorize justices of the peace to administer any oath required by law :
By Mr. GRESHAM. [53] To amend the 6th section of the Practice Act of June 18th, 1852:
By Mr. ORR. [54] To repeal the sections 113, 117 of the act to provide for a general system of Common Schools, &c., approved March 1, 1855:
By Mr. FERGUSON. [55] To provide for fencing at ferry crossings of county and township roads:
By Mr. HEFFREN. [56] To repeal the act prescribing the duties and fixing the compensation of Agent of State:
Which were severally passed to the second reading to-morrow.
On motion by Mr. HOLCOMB, his bill [12] To amend the third section of the act entitled an act to amend the third section of the act to establish the Court of Common Pleas, &c., was taken up, passed the second reading, and referred to a Select Committee, namely : Messrs. Holcomb, Edson, Hopkins and Fisher.
AFTERNOON SESSION.
ELECTION OF UNITED STATES
SENATOR.
Mr. NEBEKER submitted a resolution (the Senate concurring) that the General Assembly now proceed to the election of United States Senator by concurrent vote.
Mr. FISHER. The hour for the election heretofore appointed having passed, he proposed to make it 3 o'clock.
It was agreed to and so adopted.
A message from the Senate now announced that that body had adopted a joint resolution for the election of United States Senator this day by separate action of the two Houses-the President of the Senate and Speaker of the House to certify the same.
On motion bs Mr. HEFFREN the joint resolutions communicated from the Senate were taken up.
Br. BINGHAM moved that the House concur.
The SPEAKER ordered the yeas and nays, and they were taken.
Mr. BINGHAM, perceiving that some gentlemen present did not vote, called the attention of the House to the rule requiring all to vote.
Mr. HEFFREN, and Mr. SMITH of Bartholomew, each stated that they had refused to vote, not factiously, but because they could not think that the election of United States Senator, under such a regulation, could be constitutionally made, &c.
The result of the vote was-yeas 82, nays 9:
So the Senate joint resolution was concurred in.
A message from the Senate now announced on the part of that body the election of His Excellency, the honorable Henry S. Lane, to the office of Senator of the United States for the State ot Indiana-to serve from the 4th of March, 1861, to the 4th of March, 1867.
The SPEAKER announced the order of the election of U. S. Senator under the joint resolution just adopted.
Mr. BUNDY, For that office I nominate the Hon. Henry S. Lane.
Mr. STOTSENBURG. I nominate Joseph A. Wright.
The vote being ordered and taken-
The SPEAKER announced the whole number of votes cast, 97; necessary to a choice, 49. Of the whole number. Henry S. Lane received 61, which being a majority of all the votes cast, he is hereby declared on the part of the House of Representatives, duly elected Senator to represent the State of Indiana in the Senate of the United States, for the term of six years from and after the 4th day of March, 1861.
The SPEAKER laid before the House a communication from His Excellency, Governor Lane, resigning the office of Governor of the State of Indiana, returning thanks to the people for electing him to that high official position, and alleging that nothing but a high sense of public duty had induced him to tender this resignation, which he asked to be placed on the Journal of the House of Representatives.
Mr. CAMERON submitted an order to inform the Senate of the election just taken on the part of the House which was concurred in.
INAUGURATION OF GOVERNOR MORTON,
Mr. BUNDY submitted a resolution, which was adopted, inviting the Senate to joint convention in this Hall, instanter. to witness the formal investment of the Hon. Oliver P. Morton with the office of Governor of the State of Indiana, devolved upon him by the resignation of Governor Lane.
The Senate responded promptly; and order having obtained in the joint convention-
The Presiding Officer of the Senate said : By the resignation of the late Governor Lane, on account of his election to the office of United States Senator for the State of Indiana, the office of Governor has become vacant. By virtue of the Constitution, the Hon. Oliver P. Morton becomes now Governor of the State. If Mr. Morton is present, he will step forward, and the oath of his office will be administered to him.
The oath was administered by Judge Perkins.
His Excellency, Governor Morton, then returned his thanks to Senators for the kindness ind indulgence received at their hands in the brief term of his official intercourse with them. In the new position to which he had been called,he trusted that their social and official relations would be equally satisfactory and pleasant.
page: 58[View Page 58]It could haldly be expected of him to deliver an inaugural address. He could only pledge himself to a faithful and economical administration. The financial affairs of the State were in great confusion and embarrassment. It would be one of the first duties of the General Assembly to investigate them. The people had been promised reform. That promise would, and must be, redeemed. The times in which we were called to act, were full of solemn portent, counselling discretion and firmness. He would co-operate heartily with the Legislature in all measures having in view the well-being of the community and the preservation of the Union of these States.
The Governor having retired from the forum-
The PRESIDENT of the Senate prorogued the joint session, and Senators returned to their Chamber.
BILLS INTRODUCED.
By Mr. WELLS : [57] To amend sections 2, 3, 5 and 6, of the act to provide for the re-location of county boundaries, &c., approved March 2, 1855.
By Mr. CAMERON: [58] To repeal the act to amend section 42 of the act to establish the Court of Common Pleas, &c.. approved May 14, 1852, so as to regulate the docketing and dispasal of business thereof-approved March 5, 1859:
Which were severally passed to the second reading.
The House then adjourned.
IN SENATE.
THURSDAY, January 17, 1861.Mr. WILLIAMS. Inasmuch as we have no presiding officer for this House, I move that we proceed to elect one.
The motion was agreed to by consent.
The PRESIDENT pro tem. [Mr. Wagner in the Chair.] Nominations are now in order,
Mr. CONNER. I will put in nomination for that office the Hon. John R. Cravens, of Jefferson.
Mr. LINE. I present the name of the Hon. Wm. C. Tarkington.
The roll being called, 25 Senators voted for Mr. Cravens, and 18 for Mr. Tarkington.
The PRESIDENT pro tem declared Mr. Cravens to be elected President of the Senate.
On motion by Mr. MURRAY, a committee of two, which the President made to consist of Senators Murray and Tarkington, were appointed to conduct the President to the Chair.
The PRESIDENT said: Gentlemen of the Senate-I beg leave to assure you of my profound and heartfelt thanks for this renewed obligation which you have placed me under to you. And let me assure you of another thing, although this office is no sinecure, as you well know, I feel that during the time I have had the honor of presiding over your deliberations, I have been assured by the kind and courteous feeling that encourages me to enter upon the discharge of my duties with confidence of your aid and assistance, I shall, therefore, not detain you with any further remarks from the business of the Senate.
On motion of Mr. LINE, these remarks were ordered spread upon the Senate journal.
Mr. SHIELDS presented a petition from a portion of his constituents, praying that certain moneys belonging to the school fund which has been diverted from its proper course, may be restored at once; which was read and referred to the Judiciary Committee.
FEDERAL RELATIONS.
Mr. CRAVENS. As chairman of the Committee on Federal Relations, I will submit for the consideration of the Senate the following preamble and Resolutions. I will say that it was not the intention of the Committee on this occasion to present anything in the form or shape of a remedy for the present difficalties, but on the other hand simply to make some declaration to the Government, and to the people of the other States as to the position of Indiana in this crisis. It is thought advisable by a majority of the Committee to pursue this course in order that Indiana might be upon the record; and as a response to other States who have spoken upon this question. And I will take occasion to say, in behalf of some members of the Committee, that many of them objected to the resolutions, not to the manner, or spirit, or expression, but because they stopped short of the object which they thought ought to be obtained. With these remarks I will read the resolutions:
STATE OF INDIANA AS A MEMBER OF THE
FEDERAL UNION.
WHEREAS, The peace and harmony of the Republic is so disturbed as to excite in the minds of all patriots the most serious apprehensions of the public welfare; and
WHEREAS, It is the duty of all loyal citizens of our beloved country to exert themselves to the utmost to avert the dangers that threaten to overthrow the stability and permanence of our free institutions, and to remove the cause or causes, if any such exist, that have arrayed one portion of a once happy and united people against each other; and
WHEREAS, We duly appreciate the blessings of the Union under the operation and control of the Federal Constitution, as they were devised and intended by the founders of the Republic; and
WHEREAS, We regard the dissolution of the Union and the subversion of the Constitution as a calamity so terrible in its consequences that we can contemplate it only as a mighty evil, the extent of which we can estimate when we shall have become a broken, disjointed people, at war among ourselves, and a prey to our enemies; and
WHEREAS, In view of all these considerations we, as a part of the people of this Republic, inviolably attached to this Government, and rendering the most undivided allegiance to all its laws enacted by authority, and in compliance with the provisions of its Constitution, do hereby earnestly pledge ourselves, and
Resolved, by the Senate, (the House of Representatives concurring therein.) That as we have not, in the past, contributed in any degree to bring about that state of things which threatens to result in overwhelming calamity and unparalleled crime,we will not hereafter do any act or acts that will tend to weaken the bonds of this Union, violate the Constitution of the United States, or oppose or otherwise interfere with any of the laws passed under and by authority of the same.
page: 59[View Page 59]Resolved, That the maintenance of the rights of the states, and especially the right of each State to order and control its own domestic institutions, according to its own judgement exclusively, is essential to that balance of powers on which the perfection and endurance of our political fabric depends, and that we, as a portion of the people,will abide by, maintain and uphold the same, both in theory and practice.
AND in view of the fact that several of the States in the Federal Union have placed themselves in an attitude of hostility towards the Government, in our opinion, without justifiable cause, therefore
Be it Resolved by the Senate, (the House of Representatives concurring therein,) That all firm, wise, dignified and patriotic measures, having for their object the preservation of the Union, and the maintenance of the National authority under the Constitution of the United States, whether adopted by the present or incoming Administration should be sustained with firmness and determination'; and, on behalf of the people of the State of Indiana,'we hereby pledge to the Federal Government whatever of power or purpose a loyal and patriotic State should contribute in the effort to preserve the only Government on earth wherein the rights of man constitute the foundation of its laws and the measure of its civil authority.
Resolved, That the citizens and Eepresentatives of Maryland, Delaware, Virginia, North, Carolina, Kentucky, Missouri and Tennessee, who have patriotically resisted the progress of secession, are entitled to the admiration and gratitude of all other Union-loving citizens.
Mr. MURRAY moved to concur in the report of the committee, with an amendment, adding a resolution requesting the Governor to transmit copies to each of our members of Congress and governors of the several States.
Mr. TARKINGTON. I offer the following amendment to the amendment:
[This amendment is identical with the preamble and resolutions offered by Senator Ray, and printed in Tuesday's proceedings.]
Mr. CONNER. I regret exceedingly, Mr. President, that the honorable Senator from Monroe, [Mr. Tarkington,] has felt it to be his duty to present at this time the amendment that has been read. In the first place it seems to me, under the rules which we have adopted, that it should go to the Committee on Federal Relations. It cannot be regarded in the relation of an amendment to the resolution reported by the committee, for it is a memorial addressed to Congress, and is therefore not germain to the resolutions on hand. But that is not what I desire to say to the Senate.
Although the Republican party has a majority in this Senate, and although it be true there is a majority of our political friends upon that committee, I am proud to know that the committee have upon this occasion rose above mere party considerations, and have labored to pen a preamble and resolutions in such terms as that it may not be regarded as offensive to any party in this land; and I had hoped that Senators on this floor would meet them with an accommodating spirit. I think it eminently proper that we as citizens should define our position in such terms as will cause no reflection upon either of the two great parties of this commonwealth. I have not nsen for the purpose of making a speech, for I seldom indulge in speech making; I only desire to remark, in conclusion, and to appeal to Senators to allow the resolutions reported this committee to pass without giving them any party character whatever, and without protracting discussion. The character of what is termed " the amendment," must necessarily provoke discussion, and no one will see that more clearly than the Senator from Monroe. At an early day questions will arise, looking to a remedy for our national difficulties, and then the Senator may have the glorious privilege of defining his position.
Mr. TARKINGTON. Upon the point of order I presume the gentleman must be mistaken. Last, night was the first meeting of the Committee on Federal Relations, and the discussions were all of the most pacific, quiet and conciliatory character. I announced in that Committee, notwithstanding I did not particularly object to the matter of the report submitted, that I objected to a report coining from the Committee on Federal Relations at this time, unless it embodied something like a compromise upon the question now agitating the country. I said I was not willing to vote for the resolutions isolated and alone, because they would go to the country as our ultimatum. I therefore object to the resolutions, because they do not contain a proposition for a compromise. They are simply a declaration, a Fourth of July speech, and nothing else. The amendment, which I had the honor to introduce, makes a proposition to the border States, who are waiting to see what we are going to do upon this subject, that they can rally around. But when we make the simple declaration that we will stand by the Union, and erect a flag on the dome of the Capitol, it simply amounts to nothing. Every school boy knows we are in favor of the Union now and forever. I have no sentiments in consonance with South Carolina or any other seceding State, neither do my views agree with the Crittenden amendment; and I disclaim the charge of the Senator from Wabash, [Mr. Conner] that this amendment is thrown in here for party purposes or for political speech-making. * * * * * There will be a party in the Union, I have no doubt, that will stand back until a compromise is proposed, and for that reason I am willing to make it at an early day.
Mr. RAY. In behalf of a minority of the Committee on Federal Relations, I present a minority report.
[Mr. Ray read the report, which recommended the adoption, by the Senate, of a preamble and series of resolutions, identical with those offered in the Senate by Mr. Ray, and in the House by Mr. Holcomb, on day before yesterday. They are printed in the Senate proceedings of that day.]
Mr. RAY. I believe it due from me, Mr. President, as one of the Committee on Federal Relations, to make some observations, sir, upon the pending question. I feel it due to myself to say, while I do not object to the tone and spirit of the majority report, yet I feel page: 60[View Page 60]that it falls so far short of the demands of the crisis, that this Senate, looking to the condition of public affairs, should adopt the amendment instead of the majority report. We are, sir, now in the throes of revolution, and I shall be the last man to introduce partisan discussions in this Hall further than is necessary, sir, to explain my own position and the position of the party to which I have the honor to belong. It does not become that conciliatory and amiable spirit which prevailed last evening in the Committee on Federal Relations to drag in party politics in this discussion ; but, sir, I do think that the portentous position of public affairs demand that the State of Indiana, through her representatives. should make a broad, tangible declaration of sentiments that will be received by our Southern States as the sentiments of a magnanimous and conservative people-a people who are opposed to the shedding of brothers' blood. I think, sir, at this time we ought to rise] above ail partizan feeling-the patriot alone ought to speak in a perilous crisis like this and whoever would bring about party discussion for the purpose of upholding his own; party or defaming the opposition ought not to be ranked as a patriot in times like this. Then, sir, what is the duty of Indiana? I hold that her duty rises higher than the raising of a flag from the dome of our State House, or the passage of empty and harmless resolutions of attachment to the Union. It is a cheap declaration of sentiment, that we are in favor of the perpetuation of the Union; this is but a regular Fourth of July declaration for the last seventy-five years. The times demand something more practical, something more tangible, something that the country can form around to save this tottering, trembling j Republic.[Mr. RAY continued nearly an hour and a half. His speech will be written out by the Reporter and printed hereafter.]
Mr. CRAVENS. [Mr. Wagner in the chair.] Mr. President: I regret that the word " party" has been mentioned in this connection. I submit to this Senate whether there was a single thing in the preamble and resolutions introduced by myself, as chairman of the Committee on Federal Relations, which would warrant a bitter partizan discussion and a review of the political parties of this country. Are they not conceived in a spirit of candor and compromise? Is there a single shadow of any political platform about them? Then, sir, I say I earnestly deplore the dragging in even the name of party in the consideration of questions of the magnitude that we are called to examine at this time. I trust some of us will be pardoned if. as humble citizens who have by accident or combination of circumstances obtained seats upon this floor, if we occupy a few moments in the expression of our sentiments in this matter.
As the gentleman [Mr. Ray] has well said,terrible clouds are overhanging this country which overwhelm the public mind, and render is almost powerless to seize upon anything which promises relief. Yet we are called upon by that Senator to take the matter into o hands and propose a remedy. Sir, we have high-minded Union-loving men at Washington who are to-day seeking a remedy; let us not take the van, but rather let us follow in their lead. Let us pledge the people of Indiana, who have faith in their devotion to the Union and the Constitution, to abide their decision. If they propose measures of peace let us follow in their lead; but if they propose war let the people of Indiana, without distinction of party buckle on their armor and fight for the maintenance of the Constitution and the Union. [Applause.]
[The remainder of Mr. Cravens's remarks will be written out by the Reporter and appear hereafter.]
Mr. STEELE obtained the floor-
And on his motion the Senate took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. STEELE and Mr. MELLETT spoke in favor of the resolution, and Mr. WOLFE and Mr. SLACK against it, occupying the session till about 5 o'clock. Their speeches will be written out by the reporter and printed hereafter.
Mr. NEWCOMB obtained the floor-
And on his motion the Senate adjourned.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 17, 1861.Mr. ROBBINS and Mr. WILLIAMS asked and obtained leave to record their votes in the election of United States Senator, yesterday-the former voting for Joseph A. Wright, and the latter for Henry S. Lane.
The SPEAKER laid before the House the report of the State Librarian.
STANDING COMMITTEES OF THE HOUSE.
The SPEAKER announced the Standing Committees, under the rule of the House of Representatives, as follows:
- On Elections -Messrs. Ragan, Lightner, Pitts, Lods, Campbell, Feagler, Henricks.
- On the Judiciary -Messrs. Veatch, Bundy, Edson, Cason, Bingham, Jenkinson, Woodbull, Gresbam, Heffren.
- On Ways and Means -Messrs. Branham, Fisher, Heffren, Jones of Wayne, Sherman, Fordyce, Gifford.
- On Agriculture -Messrs. Thompson, Moorman,Harvey, Hudson, Davis, Turner, Collins of Adams.
- On Banks -Messrs Hopkins, Nebeker, Cram, Veatch, Owens, Trier.
- On Federal Relations -Messrs. Bundy, Gresham, Jones of Vermillion, Parrett, Newman, Ford, McLean.
- On Education -Messrs. Grover, Lane, Orr, Collins of Adams, Veatch, Holcomb, Moss.
- On the Organization of Courts of Justice -Messrs. Bingham, Newman, McLean, McClurg, Parrett, Jones of Vermillion, Stotsenberg.
- On the Penitentiary -Messrs. Jones of Vermillion, Grover, Bryant, Brucker, Dobbins, Owens, Collins of Huntington, Horton.
- On Claims -Messrs. Sloan, Brucker, Boydston, Dobbins, Stephenson, Black, Atkinson.
- On Fees and Salaries -Messrs. Gresham, Burgess, Moody Roberts, Prosser, Cameron, Jones of Vermillion.
- On Rights and Privileges of the Inhabitants of the State -Messrs. Orr, Hurd, Smith of Bartholomew, Lee, McClurg, Prosser, Sherman.
- On Roads -Messrs. Wells, Hull, Holcomb, Fleming, Epperson, Randell, Prow.
- On Manufactures and Commerce -Messrs. Burgess, Dobbins Dasheil, Orr, Moss, Wilson, Stephenson.
- On County and Township Business -Messrs. Frasier, Grover, Brett, Jones, of Wayne, Lane, Ford, Wilson.
- On Swamp Lands -Messrs. Moody, Bryant, Brett, Gore, Randall, Sherman, Dobbins.
- On Benevolent Institutions -Messrs. Cameron, Kendrick, Woodruff, Branham, Heffren, Packard, Lee.
- On Temperance -Messrs. Jones, of Tippecanoe, Wells, Turner, Prosser, Atkisson, Parrett, Frasier.
- On Affairs of the Town of Indianapolis -Messrs. Kendrick, Ferguson, Warrum, Gore, Polk, Hays, Underwood.
- On Canals -Messrs. Hopkins, Brett, Lee, Frailey, Ragan, Bryan, Howard.
- On Public Expenditures -Messrs. Nebeker, Sherman, Smith, of Bartholomew, Knowlton, Lane, Woods, Robbins.
- on Corporations -Messrs. Parrett, Hurd, Ford, Combs, Collins, of Huntington, Erwin, Cooprider.
- On Enrolled Bills -Messrs. McLean, Frasier, Orr, Horton, Williams, Nebeker, Thomas.
- On Engrossed Bills -Messrs. Anderson, Woodruff, Huts, McClurg, Kitchen, Thompson, Jones, of Wayne.
STATE OF THE UNION.
Mr. WOODHULL submitted a resolution, which was referred to the Committee of Thirteen, declaring that the provisions of the Constitution of the United States are ample for the preservation of the Union and the protection of the National interests; that it needs to be obeyed rather than amended; and that the remedies for present difficulties are to be looked for in efforts to preserve and protect the property and enforce the laws, rather than in new guarantees, compromises, and concessions to unreasonable demands.
Mr. BUNDY submitted a joint resolution, which was referred to the Committee of Thirteen, setting forth, that whereas the preservation of the Federal Union is an object of such transcendent importance as to demand of every patriot the use of all just means to prevent its dismemberment; and whereas, a friendly interchange of opinion by people bound together by a common origin, language, laws and literature, tends greatly to strengthen the bonds of union and friendship; and whereas, the opinions and purposes of the people of the Northern or non-slaveholding States of the Union in reference to the domestic institutions of the Southern States have been greatly misrepresented, and are very much misunderstood by the people of those States; therefore resolved, &c., That His Excellency, the Governor, be requested to appoint one or more of the most eminent citizens of the State to proceed to such of our sister slaveholding States of the border, whose Legislatures are now or shortly hereafter may be in session, as he may deem proper ; and it shall be the duty of such commissioner, by public addresses or otherwise, to assure the people of those States of the sincere desire of the people of Indiana to preserve the American Union, and to protect all the' Constitutional rights of such slaveholding States.
Mr. ORR submitted resolutions, which go to the Committee of Thirteen, declaring that, whereas, there has been great complaint made by certain of the States of the United States against certain of the other States of the Republic, that they have existing on their statute books laws conflicting with the Constitution of the United States and the laws of Congress, particularly the law known as the Fugitive Slave Law: therefore be it resolved, that the Judiciary Committee shall examine the statutes of the State of Indiana to ascertain if they are in conflict with, or if there is any act or part of act now having the form of law in the State of Indiana, which, is in conflict with, or which will tend to hinder or prevent the just and faithful execution of the laws of the United States, made in pursuance of the second section of article four of the Constitution of the United States, &c., and report to this House as soon as practicable.
PETITIONS.
Mr. NEWMAN presented the petition of sundry citizens of Wayne county, asking for a modification in the law for the protection of wild game-diminishing the time to from. March 1 to November 1-which was referred to the Committee on Rights and Privileges.
Mr. HOWARD presented the petition of N. Field, and other citizens of Clark county, praying for authority for the admission of persons to the Lunatic Asylum who have been rendered insane from epilepsy ; which was read and referred to the Committee on Benevolent Institutions.
Mr. HENRICKS presented the memorial of the Board of Commissioners of the county of St. Joseph, praying for a repeal of the act exempting from taxation the property of manual labor schools, to the extent of 350 acres of land. The memorial gives an example of the injurious operation of said law in said county, in the incorporation of a society of monks in Clay township-the same parties being also incorporated as the University of Notre Dame du Lac, and asks that manual labor schools be placed on the same footing with regard to taxation, with other literary institutions.
On motion of Mr. HENRICKS, it was referred to the Committee on Ways and Means.
Mr. VEATCH presented the petition of four citizens of Spencer county, asking for an efficient law for the protection of sheep against, their destruction by dogs; which was referred to the Committee on Agriculture.
GIBSON COUNTY COMMON PLEAS.
Mr. HOLCOMB, from the select committee thereon, returned the bill [H. R. 12] to change the time of holding the Common Pleas Court in Gibson county, recommending that it lie on the table, and reporting a bill [No. 69] in lieu thereof for the same object, recommending its passage. The bill [59] was accordingly passed the first and second readings, under a suspension of the rules, and ordered to be engrossed.
page: 62[View Page 62]On motion by Mr. JENKINSON, it was ordered that the select committee on the Northern State Prison be authorized to employ a clerk.
Mr. WILLIAMS submitted a resolution which was adopted, directing the Committee on Ways and Means in consideration of the present financial embarrassments, to inquire into the expediency of extending the time for the collection of taxes for town county and State purposes.
Mr. COLLINS, of Adams, submitted a resolution which was adopted, for the appointment of a special committee of three to inquire into the powers and duties of county commissioners and township trustees in regard to the construction of embankments for highways, &c.
The SPEAKER appointed Messrs Collins of Adams, Hopkins and Lee said committee.
Mr. EDSON submitted an order which was adopted, authorizing the Judiciary Committee to employ a clerk.
Mr. RAGAN submitted an order, which was adopted by consent, that 200 copies of the Standing Committees of the House of Representatives announced this morning be printed for the use of members.
Mr. ATKINSON submitted an order, which was adopted, directing the Committee on Education to inquire into the expediency of abolishing the Township Library system, and of applying the Library Fund to the Common School Fund.
Mr. JONES, of Vermillion, submitted an order to employ documentary clerks for the business of the stationery room; which he withdrew, with the understanding that the Stationery Committee first report the service to be performed.
Mr. WOODRUFF submitted an order, which was adopted, directing the Judiciary Committee to inquire into the expediency of amending the law providing for the settlement of decedants' estates, so as to authorize executors and administrators to administer the necessary qualifications to appraisers of personal property of estates.
NEGROES AND MULATTOES.
Mr. PROW submitted a resolution, that in the opinion of this House, it is inexpedient to allow negroes and mulattoes to attend as scholars in the common schools of the State, or to give testimony against white persons.
On motion by Mr. BUNDY, it was referred to the Committee on Rights and Privileges.
Mr. HEFFREN submitted an order, which was adopted, that the Committee on Roads inquire into the expediency of keeping the highways in repair by a poll and ad valorem tax, instead of by the present system.
Mr. ROBBINS submitted an order, which was adopted, directing the Committee on Roads to inquire into the expediency of requiring the supervisors of roads to require the two days' work required annually by law to be applied between the first day of June and the first day of October.
IDIOTS AND INSANE.
Mr. EDSON submitted a resolution directing the Committee on Benevolent Institutions to inquire into the expediency of establishing a school for idiots, and an asylum for the benefit of those unfortunate persons who have been admitted to the hospital for the insane and pronounced incurable.
Mr. E. said: According to the present law we had no provision for this class of persons The regulations of the Hospital provide that no idiot shall be admitted; and that persons pronounced incurably insane shall be sent back to their respective counties. It seemed to him that the same benevolence which was extended to the curable insane should not be withheld from idiots and the incurable insane. The object of the resolution was to inquire into the expediency of either establishing anew institution or making such additions to the Insane Asylum as will accomplish the object.
The resolution was adopted.
Mr. WARRUM submitted an order, which was adopted, directing the Committee on Roads to inquire into the expediency of amending the Road law, so as to require a certain number of days on the roads for personal privileges by such person as are required by law to work on the roads.
STATE OF THE UNION.
Mr. STOTSENBURG submitted a resolution declaring that whereas this House, in passing the resolution to refer all motions and resolutions of a national character to the special Committee of Thirteen, expressed a desire to have a report from that committee at an early day ; and whereas it is due to the conservative people of this State that the voice of Indiana should be heard on the side of peace and harmony amongst the States of the Union, and in favor of measures of peacification and conciliation ; therefore, resolved, that the said Committee of Thirteen be required to report to this House next Monday the final result of their action on all motions and resolutions of a national character, that have been or may have been then brought before them.
Mr. S. urged the adoption of this order from various considerations. We had been officially informed by the late Governor, that we were now unwilling witnesses of events pressing upon and imperatively demanding our attention. The Governor elect had also informed us that we were in the midst of events tending toward the disunion of the States. Now it was important that the voice of this General Assembly should be heard at an early day on the side of conciliation and harmony, he felt that he would be false to the interests of the county he represented here if he did not urge it upon the House that a fair expression of the sentiments of the people of Indiana may be given here speedily, such as shall assure the border States that we are on page: 63[View Page 63]the side of peace. His people were suffering deeply in the present condition of affairs. They earnestly desire this expression to be made. He could not speak with the same assurance as to other counties, but he believed of the whole State were anxious that this committee should report at an early day. It was a matter conceded by every member that this thing demands our immediate attention; and he hoped every member would be willing now to instruct this committee to report.
Mr. VEATCH. As a member of the Committeee of Thirteen, he would say merely that he represented a district of country occupying the same position toward the border slave States with that of the gentleman from Floyd; and he was certainly just as anxious to have a report made at an early day as that gentleman could be. But he did think it an unprecedented thing to begin to urge upon a committee charged with such a grave matter, to report within an hour after they had been announced. This committee had riot yet had time to meet. Surely the gentleman would restrain his impatience till the committee should have time to see each others' faces. Expedition, he knew, was required, but indecent haste, never.
Mr. PACKARD. I most heartily concur in the resolution of the gentleman from Floyd, and the remarks he has submitted for its support; and I certainly hope it will prevail. We have already been in session a week, and yet no voice has gone up from this House in reference to those matters which are of such vital importance, not only to the people of this State, but our common country. It is far from my purpose, Mr. Speaker, to urge forward this matter in order to drag before this body a lengthy, partizan discussion. I trust there is patriotism enough in this Chamber at this painful juncture in our national affairs to sink all partizan feeling-all pride of opinion-and rise to the rescue of a country our forefathers purchased at so costly a sacrifice, and around which our dearest hopes and interests cling.
Were each of us at this hour to appear before our constituents, what, Mr. Speaker, would be the first question asked of us? Is there any difference of opinion as to what that question would be? Would it not be, " What are you doing at the capitol to avert the disasters which so imminently threaten our country?" "Is not the great conservative State of Indiana, through her General Assembly, to be heard, and that too speedily, in this fearful crisis ?" In the face of what we have done in this body, how would we answer that constituency? Would we not hang our heads in confusion, and the blush of shame mantle our cheeks ? Would we dare to answer them that in our judgment matters of State legislation were of more importance than questions o this kind, and that therefore we had deferred them to a more convenient season? I tell you, Mr. Speaker, I fear our delay will be more fatal than that of Felix when he said to Paul, go thy way this time ; when I have a more convenient season I will send for you."
The concerns of our State are of importance, I grant, but are they, at this particular crisis, of that moment that measures are that look to the pacification of our troubles, and the preservation of the integrity of this Union. No, Mr. Speaker; all excuses of this kind would fall to the ground, before the face of an indignant constituency.
As I said before, we have already been in session about a week, and we have, in the mean time, introduced several bills, elected a number of officers, passed a series of unimportant resolutions, spent considerable time discussing the number of pages we would have upon this floor, qualified and inaugurated two Governors, but not one thing has been done for our distracted and divided country. On the contrary, we have ignored the fearful crisis, by refusing to hear and discuss any question looking to the disturbed condition of federal relations. Was this the case, Mr. Speaker, when events of no greater importance were crowding themselves upon an assembly in the city of Philadelphia, a little more than 84 years ago ?
I don't know how it is with other gentlemen upon this floor, but I do know that my constituents are looking with intense anxiety to the action of this Legislature in behalf of the Union. Irrespective of party they demanded of me, as a member of this body, that there should be prompt and early action in this behalf, and that Indiana should early show herself to be on the side of the Union, and for the peaceable adjustment of all the difficulties surrounding our country.
The citizens, in various parts of the State, irrespective of party, are holding Union-meetings, and in speeches and resolutions, expressing the sentiments that inspire them, and shall we, alone, be silent? We, of all the people, stand with folded hands, and look with indifference upon the events and issues s,o thickly crowding upon us? We, alone, turn a deaf ear to the mutterings of the gathering storm, and heed not the voice of patriotism calling upon us for help to save a common country ? God forbid that we should thus betray the sacred trust reposed in us that we should thus prove recreant to our high duty! It is a time for action-a time for counsel-as was expressed in the noble address introduced by the gentleman from Gibson, on Thursday morning, " events of an age are crowding themselves into an hour." At such a crisis, then, inaction becomes something more than impolitic, it becomes criminal. Let us then-
"Act, act in this living present,
Heart within,
and God overhead."
For these reasons, Mr. Speaker, I earnestly page: 64[View Page 64] hope the resolution of the gentleman from Floyd will prevail.
Mr. HEFFREN was sorry the resolution had been introduced. If it were proper to rehearse private conversation, Democrats here, he supposed, would be satisfied with an explanation he could make. He made this explanation in justice to the chairman of that Committee, Mr. Bundy.
Mr. BUNDY. In addition to the explanation of the gentleman from Washington and Harrison, it might be proper for him to say, for himself, that he did not yet know, and had not been able to find all the members of the Committee: and such had been the press of business, that it had been utterly impossible for him to do more than be had done. To satisfy those desiring an early report, he would say, that such of the members of the Committee as he had been able to see and converse with, had agreed that we should have an early report. He had no doubt that, by the middle of next week, the Committee would be ready to submit a report. Whether it would be such a report as all could agree upon or not, he could not say, of course; but he trusted that it might be so. He would say further, that there was no desire on the part of" the Committee to delay action.
Mr. STOTSENBERG had no desire to cast any reflection upon the Committee. He did not press for a report before the Senatorial election. He was willing, under the circumstances, to withdraw the resolution.
JUSTICES' JURISDICTION.
Mr. HAWORTH submitted a resolution, which was adopted, directing the Judiciary Committee to inquire into the expediency ot so amending the 10th section of that act providing for the election of a justice of the peace, and defining their jurisdiction, as to give them jurisdiction in cases founded on contract and tort, where the sum does not exceed $300.
EPILEPTICS AND IDIOTS.
Mr. CAMERON submitted an order, which was adopted, requiring the Committee on Benevolent Institutions to inquire into the expediency of taking the initiative at the present session of the General Assembly for establishing an asylum for epileptic patients and for the care of idiots.
ADJOURNMENT FOR SATURDAYS.
Mr. BUNDY submitted an amendment of the rules requiring the adjournments on Saturdays to be from 11 o'clock a.m., till Monday 2 o'clock p.m.; which lies over one day.
AFFAIRS OF THE NORTHERN STATE PRISON.
Mr. VEATCH submitted an order to increase the number of the Committee to Investigate the Northern State Prison to nine.
Mr. V. said this matter had been suggested to him. He had. no interest in it, himself, but supposed there would be something of a spicy war got up over it between his friends from the North. All he desired was that they might have a fair hearing. As the Committee was now constituted, there was no member to represent the present location He asked that at least one member be added to have an eye to that.
Mr. JENKINSON hoped the House would not increase the Committee. There appeared to be a peculiar concern on the part of the Directors of the Prison, and a great deal of outside pressure. Let the Committee stand, and if he did not show that a baser fraud was never committed, he would give it up.
The SPEAKER stated again that he had endeavored carefully to fill the Committee with disinterested men.
Mr. HEFFREN. The Committee were only to inquire into the alleged frauds in the case.
Mr. CAMERON. The eligibility of the location was part of the inquiry. His amendment to leave that out did not prevail. He understood that it was the intention of the gentleman from Allen to show that the location was bad. Why. then, should not at least, one man be added to the Committee, knowing something of the location, &c. There was one thing in favor of the present location. It was where all the goods manufactured would be carried out of the State.
Mr. BINGAAM was in favor of increasing the number, as asked in the resolution.
Mr. GRESHAM thought it evident there was going to be a strike against the location at Michigan City, and that it was no more than right that the friends of that location should be represented on the Committee.
Mr. PACKARD was about midway between Fort Wayne and Michigan City. He concurred with the gentleman from Porter, thinking it inexpedient to revise the location. But since it was to be done, Michigan City ought to be represented.
Mr. VEATCH modified his resolution so ns to ask for but an increase of one instead of two-making eight members.
Mr. STOTSENBERG proposed to amend by submitting that the committee inquire what amount of money has been expended in the location and construction of said prison ; how much it would require to finish the same; and what it would cost to add 400 cells in a suitable and proper addition to the old prison at Jeffersonville, sufficient to provide for the accommodation of 400 additional convicts.
The SPEAKER ruled the amendment out of order.
Mr. JENKINSON spoke of $91,000 of expense incurred-of the equivocal position of parties concerned-of the disadvantages of the location at Michigan-six miles to haul sand! He did riot think anything obtained in fraud could be right.
Mr. GRESHAM did not think this the proper time to make charges.
page: 65[View Page 65]Mr. SHERMAN concurred. When the proper time should come, they would be ready to vindicate the claims of the present location. It was certainly the object in the proposed investigation to give the North a fair represention. But in the organization of the Standing Committee on the Penitentiary he perceived that there was not an individual on it presenting the North. So the Standing Committee could not be expected in this respect to operate as a check on the Special Committee. If the committee were to investigate the claims of the location, he held that there should be some person on it acquainted with the location and the amount of work done. He denied the right of the Special Committee to assume the duties of the Standing Committee.
Mr. JENKINSON demanded the yeas and nays, which were taken, and the order was adopted by yeas 84, nays 13.
The SPEAKER accordingly appointed Mr. Sherman the additional member of the committee.
Mr. HEFFREN submitted an order, which was adopted, that the committee to investigate the Northern State Prison inquire and report what propositions have been made by any person or persons in any part of the State for the location of the prison, site at any given point.
RAILROAD APPRAISEMENTS.
Mr. GROVER submitted a resolution which was adopted, requiring the Auditor of State to inform the House what railroads have been re-appraised under the provisions of the 86th section of the appraisement law of 1852, &c.; and whether, &c.
Mr. BURGESS submitted an order that the committee to investigate the affairs of the Northern State Prison be allowed the privilege of employing one or more messengers, as may be necessary for their investigation.
Mr. PARRETT proposed to amend by making the number definite-one or two.
Mr. BURGESS. One man could not do the work. He was willing to accept two.
And so the order was adopted.
Mr. FRASIER moved to reconsider the vote adopting Mr. Heffren's order above. Me lived in a town where no proposition had been made for the location of the prison, and could speak without any suspicion of interested motives. He considered that the people of the State could not be concerned to know what inducement may have been offered for the location, and that this proposition would result in nothing but waste of money.
Mr. STOTSENBERG seconded the motion. The only proper inquiry at this time was, whether we ought to go on and finish this Northern Prison, or whether money would not be saved by throwing away what has been done, and making additional cells to the Jeffersonville Prison. He was opposed to inquiring into alleged frauds when nothing practical could be gained by it.
Mr. HEFFREN. It was well known that excitement had been raised in Fort Wayne and Logansport about this location ; and it had been alleged that citizens of the latter place had raised and tendered a certain sum of money for the location. If madam rumor was to be credited, these places were as deep in the mire as Michigan City. He was sorry to hear the gentleman from Allen say there had been fraud ; but since there was to be an examination, let it be seen if those of any other locality have been trying to get their hands fraudulently into the people's pockets. He hoped this would not, be made a one-sided investigation. Let us approach the question as we ought to-probe it, to the bottom. It seemed to be a, case of rivalship between two or three cities. May be some of them had been cheated. For all the purposes of fairness and impartiality, he believed the business of the committee, would have been better done without, either the gentleman from Allen or the gentleman from Laporte.
Mr. FRASIER. If he understood it, the inquiry was whether any fraud had been committed either in the location or construction. But this resolution directed an inquiry into all kinds of frauds, if any have been made, to influence the location. What matters it if the citizens of Fort Wayne had offered lands or if they had corruptly offered the commissioners money, so long as their money had not been accepted? If he understood it, the investigation does not contemplate matters of this kind. If the bribe offered had not been received, did it import anything? Were the commissioners chargeable with fraud? It might be a different question if it could, be proved that a corrupt bribe had been offered received. But the allegation did not cover that.
Mr. CAMERON. The history of this Northern Prison had placed a figure on the history of the State; therefore it, had been proposed to investigate it. Let it be thorough and complete. It was well known that the commissioners at the first made the location at Fort Wayne. Now we wish to know by what means it was located at Fort Wayne, as well as by what menas Michigan City was able to over-size her pile.
Mr. JENKINSON had seen the record-wanted a full investigation. Fort Wayne would meet the gentleman, and if she didn't show a clean record, he would give it up. But if a damnable conspiracy were proved, he wanted the House to condemn it.
Mr. PARRETT saw no good to result from going into an investigation for the purpose of ministering to the passions of gentlemen. It would be wholly useless expense. He would vote for the reconsideration.
Mr. BUNDY concurred. He had no preference as to where this institution should be located. He would vote for the reconsideration, page: 66[View Page 66] but was opposed to the whole of it-opposed to the investigation itself-because we did not need this Penitentiary. He was for repealing the law authorizing this prison, and establishing a House of Correction. We did not want this Northern Prison. It was the original intention that it should cost but $50, 000. Now it appeared that it was to cost three-quarters of a million. It might be the cheapest investment the State could make of this $50,000 just to let it go.
On motion of Mr. GRESHAM the motion to reconsider was laid on the table.
The SPEAKER announced the Committee of Invitation to the President elect of the United States, viz : Messrs, Cameron, Branham, Jones of Vermillion' Veatch, Henricks, Stotsenberg and Packard.
SCHOOL MONEY.
Mr. STOTSENBERG presented a preamble and resolution, which was adopted, setting forth, that it appears from the 8th annual report of the Superintendent of Public Instruction, that there is now $255,000 which has not been distributed amongst the counties, and directing the Committee on Education to inquire into the expediency of authorizing the several County Treasurers to retain their pro rata shares, &c.
On motion by Mr. WOODS, the Committee on Public Expenditures was authorized to employ a clerk.
Mr. KITCHEN submitted an order, that the Committee on Mileage report on the expediency of changing the law regulating the mileage of sheriffs earring convicts to the Penitentiary, &c.
The SPEAKER. There is no Committee on Mileage under the rules of the House.
On motion by Mr. STOTSENBERG, it was referred to the Committee on Public Expenditures.
On the motion of Mr. TURNER, the Auditor of State was directed to inform the House what sums have been paid to the Attorney General since the 1st of January, 1859, on account of cases attended in the Supreme Court.
LAW OF DESCENT.
Mr. BRUCKER submitted a resolution which was adopted, directing the Committee on the Judiciary to inquire into the expediency of amending the law for descent of lands held by foreigners having declared their intention to become citizens in such manner that their property shall descend to their heirs the same as though they had been citizens of the United States.
The House then adjourned.
IN SENATE.
FRIDAY, January 18, 1861.On motion by Mr. SHIELDS the joint resolution [H. R. 9] directing the State Auditor to draw his warrant upon the Treasury for any moneys ordered for postage stamps, or mileage and per diem of Members, and per diem of Officers, on the order of the Presiding Officer of either House, was taken up and adopted by yeas 40, nays 9.
A MESSAGE FROM THE HOUSE
Announced the passage of a resolution invit ing the Senate to a joint convention at 10 o'clock this day for the purpose of electing a State Librarian, Canal Trustee and Agent of State.
On motion by Mr. CONNER the invitation was accepted.
PRINTING OF EXECUTIVE MESSAGES.
Mr. TURNER, by leave, offered a resolution ordering the printing of 2000 copies of Ex-Governor Lane's Message in English and 2000 in German ; which he amended at the instance of Mr. WAGNER so as to provide for the printing of 4000 copies each of Ex-Governors Lane and Hammond, in English and 1000 of each in German.
Mr. LINE. I move to amend the resolution by including General Washington's Farewell address. If there ever was a time when the American people ought to listen to the warning voice of the Father of his country, the present is the time. Certainly no evil could grow out of printing that Address with the Governors' Messages.
The amendment was agreed to, and the resolution, as amended, was adopted.
[Mr.NEWCOMB presented a petition from members of the bar of Marion county in reference to a change of circuit; which on his motion was referred to the Committee on the Organization of Courts, without reading.]
A MESSAGE FROM THE GOVERNOR
Announced the appointment of William R. Holloway as his Private Secretary.
COUNTY TREASURERS.
Mr. SHIELDS offered a resolution, which was adopted by consent, directing the Judiciary Committee to inquire into the expediency of amending the law in relation to the receipt of taxes so that the Collector shall visit the various townships in the month of January.
BANK SECURITIES.
Mr. NEWCOMB offered a resolution, which was referred to the Committee on Banks, instructing that Committee to inquire into the expediency of amending the Free Banking Law; first, that hereafter, no other than Indiana State Stocks shall be received as security for the circulation of said Banks, &c. &c.
NORTHERN STATE PRISON.
Mr. WOLFE offered a resolution authorizing the appointment of a select committee of five to visit the Northern Penitentiary, examine minutely into the affairs, &c., with power to send for persons and papers, and report at an early day.
Mr. CONNER. There has already a resolution been adopted, instructing the Standing
