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.
