HOUSE OF REPRESENTATIVES.
THURSDAY, January 10, 1861.This being the day required by the Constitution for the biennial meeting of the Legislature, at 15 minutes before 10 o'clock, the members elect of the House of Representatives of the forty-first General Assembly of the State of Indiana were in their places in the Hall, and Richard J. Ryan, Esq., of Indianapolis, Clerk of the former House of Representatives, called to order and said : In accordance with what I believe is established usage, it becomes my duty as Clerk of the last House of Representatives, to organize this body. This will be done by first calling the roll of names. Gentlemen will please to answer as they are called; and when a quorum of 66 members of the House of Representatives shall have answered, it will be proper to organize, and members of the House will come forward and be sworn in by the Hon. S. E. Perkins, one of the Judges of the Supreme Court, whom I have invited to be present for the purpose; at the same time presenting their certificates to the Clerk. The House will then proceed to the election of the officers required by its organization.
Under the Clerk's call the members of the page: 7[View Page 7]House of Representatives came forward to the area in front of the table, received the oath to " support the Constitution of the United States and the constitution of this State, and to discharge their duties faithfully as members of the General Assembly of the State of Indiana," presenting their certificates of election, as follows:
- From the county of Allen-C. Treer, M. Jenkinson.
- From the county of Adams-P. N. Collins.
- From the county of Bartholomew-E. P. Smith.
- From the county of Boone-Nelson Fordyce.
- From the counties of Boone and Hendricks-T. J. Cason.
- From the county of Brown-Lewis Prosser.
- From the county of Clark-T. J. Howard.
- From the county of Carroll-James Thompson.
- From the county of Crawford-N. W. Sloan.
- From the county of Clinton-Leander McClurg.
- From the county of Cass-C. B. Knowlton.
- From the county of Clay-Elias Cooprider.
- From the county of Dearborn-Omar F. Roberts, C. Lads.
- From the county of Daviess-M. J. Brett.
- From the county of Delaware-James Orr.
- From the county of Decatur-Ira G. Grover.
- From the county of DeKalb-Henry Feagler.
- From the county of Dubois-A. T. Fleming.
- From the county of Elkhart-Noah Anderson.
- From the counties of Elkhart and Lagrange-Robert Parrett.
- From the county of Floyd-John H. Stotsenburg.
- From the counties of Fayette and Union-R. W. Haworth.
- From the county of Franklin-Thomas Gifford.
- From the county of Fulton-A. H. Robbins.
- From the county of Fountain-James Fraley.
- From the county of Greene-Wm. E. Moss.
- From the county of Grant-Wm. Hall.
- From the county of Gibson-Silas L. Holcomb.
- From the county of Harrison-Walter Q. Gresham.
- From the county of Hancock-Noble Warrum.
- From the counties of Hamilton and Tipton-Joseph Gore.
- From the county of Henry-M. L. Bundy.
- From the county of Howard-D. D. Lightner.
- From the county of Hendricks-James Burgess.
- From the counties of Huntington and Whitley-James S. Collins.
- From the county of Johnson-John A. Polk.
- From the counties of Johnson and Morgan-John Stephenson.
- From the county of Jennings-L. Bingham.
- From the county of Jay-Isaac A. Underwood
- From the county of Jefferson-D. C. Branham, J. C. Wilson.
- From the county of Jackson-John L. Ford.
- From the county of Knox-Cyrus M. Allen.
- From the county of Kosciusko-T. G. Boydston.
- From the counties of Kosciusko and Wabash-George W. Frazier.
- From the county of Lake-B. Woods.
- From the county of Laporte-Samuel Harvey, M. G. Sherman.
- From the county of Lawrence-Hugh Erwin.
- From the county of La Grange-Samuel Hudson.
- From the county of Madison-John Hayes.
- From the county of Miami-Wm. Smith.
- From the county of Marion-W. H. Kendrick, J. H. Turner.
- From the county of Morgan-John W. Ferguson.
- From the county of Monroe-Joseph Campbell.
- From the county of Montgomery-Richard Epperson.
- From the counties of Marshall and Stark-M. A. O. Packard.
- From the county of Noble-J. R. Randall.
- From the counties of Ohio and Switzerland-H. T. Williams.
- From the county of Owen-W. Combs.
- From the county of Orange-A. M. Black.
- From the county of Posey-Wm. C. Pitts.
- From the county of Pike-A. J. Wells.
- From the county of Porter-R. A. Cameron.
- From the county of Parke-John G. Crain.
- From the county of Putnam-Higgins Lane, R. S. Ragan.
- From the counties of Pulaski and Jasper-G. C. Moody.
- From the county of Perry-N. Brucker.
- From the county of Ripley-John L. Dashiel.
- From the county of Randolph-J. A. Moorman.
- From the county of Rush-George Thomas.
- From the counties of Shelby and Hancock-George Y. Atkinson.
- From the county of Shelby-Jacob Mutz.
- From the county of Sullivan-W. W. Owens.
- From the county of Spencer-J. C. Veatch.
- From the county of Scott-Samuel Davis.
- From the county of Steuben-Joseph A. Woodhull.
- From the county of St. Joseph-John A. Hendricks.
- From the county of Tippecanoe-W. H. Bryant.
- From the county of Vermillion-D. M. Jones.
- From the county of Vanderburg-J. S. Hopkins.
- From the counties of Vanderburg and Poesy-J. P. Edson.
- From the county of Vigo-W. E. McLean, Nathaniel Lee.
- From the county of Wabash-Stearns Fisher.
- From the county of Warren-R. M. Nebeker.
- From the county of Wayne-O. T. Jones, E. T. Newman, J. Woodruff.
- From the county of Warrick-Dennis B. Kitchen.
- From the county of Washington-Christian Prow.
- From the counties of Washington and Harrison-Horace Heffren.
- From the counties of White and Benton-Anson Hicks.
- From the counties of Wells and Blackford-Theodore Horton.
Ninety-eight members having respondeded, one (Mr. Jones, of Tippecanoe) absent and one from the county of Martin,-vacant.
Mr. HEFFREN. Mr. Clerk, I wish to offer a resolution, which I will read:
Resolved, That the members of this House will support no person for any office necessary to the organization of this House, or for any office elective by the General Assembly, who is not in favor of the perpetuation of the Federal Union, at any sacrifice of partizan theories or beliefs, upon a compromise of the slavery question which will secure the rights of the people of each and every State, and that without reference to party antecedents, we recognise the proposition known as the Crittenden amendment, as presenting such a basis of settlement.
Mr. HEFFREN. I offer that resolution, Mr. Clerk, whilst the oath that has been administered to us by the Judge of the Supreme Court is still fresh in our minds, that the members of the House of Repreesntatives of the State of Indiana, upon the meeting of her General Assembly, think it important as soon as its members are sworn to support the Federal Constitution and the Constitution of this State, to indicate by resolution, that they are willing to forego all partizan feeling for the common good. I desire that when the intelligence is sent upon the lightning, of the opening of this General Assembly, it shall at the same time go abroad that this body has passed a resolution that they are willing to sacrifice partizan feeling upon the altar of the common good of the country. I desire not to make a speech upon it, because it is a grave question with all of us, whether we come from the North or South, whether we are Republicans, Democrats, or what-not. I appeal to every man who has been sent here to represent the will of the people of Indiana, let us, before any feeling of partizanship shad have arisen, pledge ourselves to each other and to the country, and say it by resolution, that we are opposed to the election of any man to office here, who is not in favor of the perpetuation of this Union, and the Government of the United States, as our fathers made it, and who is not willing to meet his fellow citizens of all the States on common ground for the common good of the country. page: 8[View Page 8]I have purposely left out of these resolutions every partizan reflection, and simply ask, whilst the oath of our position is still ringing in our ears, that this conservative sentiment may go forth to the country along with the intelligence of our organization.
The CLERK. While the gentleman from Washington and Harrison has been making his remarks, I have reflected upon the subject, and have come to the conclusion that, inasmuch as the resolution does not relate to the organization of the House, it is a matter with which I have nothing to do. 1 therefore decide the resolution out of order. [Applause.]
Mr. HEFFREN. It does relate to the organization. The words are in it-marked through with a pencil-but read and included.
The CLERK. Of course, the House can reverse my decision. Until it does that, it will stand. [Applause.]
Mr. HEFFREN. If the Clerk will notice, the words are in it.
The CLERK. I understand it relates remotely to the organization, but I prefer to let the decision remain. Does the gentleman appeal?
Mr. HEFFREN. Of course, I will not appeal now.
The CLERK. The first thing in order will be the election of Speaker of the House.
Mr. BUNDY nominated Cyrus M. Allen, of the county of Knox.
Mr. McLEAN nominated Col. Horace Heffren, of the counties of Washington and Harrison.
The CLERK. If there is to be no other nomination, the vote will be viva voce. Gentlemen will please to answer with their votes to the call of their names.
The CLERK reported the vote: Whole number 95 votes; necessary to a choice, 48. Of these Alien received 59 votes, and Heffren received 36 votes.
The CLERK. Cyrus M. Allen, of the county of Knox, having received a majority of all the votes, cast, I request Mr. Cameron of Porter, and Mr. Heffren of Washington and Harrison, to conduct him to the Chair.
Which being done-
The SPEAKER said: Gentlemen of the House of Representatives, allow me to return to you my sincere thanks for the honor you have conferred upon me in my selection to preside over your deliberations during the present session of the General Assembly-Deeply, I may say painfully, impressed with the importance of the position to which you in your partiality have elected me and my inability to promptly and satisfactorily discharge its duties, I nevertheless trusting to the kindness of your hearts and asking you all to extend to me the assistance necessary for the preservation of order and dispatch of business, enter upon the station with a determination to the utmost of my ability to discharge the duties faithfully, efficiently and impartially, disregarding all party bias, and with an eye single to the dispatch of business and the right of every member of this House. Again thanking you for the honor you have conferred upon me, let me recommend that we proceed at once with business for which we have assembled.
Mr. SHERMAN. Mr. Speaker, I move that we proceed to the election of Clerk.
The motion was agreed to by consent.
Mr. EDSON nominated N. B. Risinger, of Gibson county.
Mr. KENDRICK nominated Jonathan W. Gordon, of Marion, and the vote proceeded.
The Speaker reported the result, viz: whole number of votes cast 97; necessary to a choice 49. Gordon received 60 votes, Risinger 37.
The SPEAKER. Jonathan W. Gordon, of Marion county, having received a majority of all the votes cast, I declare him to be duly elected Principal Clerk of the House of Representatives.
Mr. GORDON came forward and immediately received the oath of his office at the Speaker.
Mr. ORR. Mr. Speaker, I move that the House proceed to the election of Principal Assistant Clerk.
The motion was agreed to by consent.
Mr. - nominated Wm. Fleming, of Allen county.
Mr. HOWARD nominated Azar P. Newkirk, of Lafayette, and the election proceeded.
The CLERK reported the whole number of votes 95; necessary to a choice 48-Newkirk receiving 59, Fleming 36.
The SPEAKER. Azar P. Newkirk, of Lafayette, having received a majority of all the votes cast, I declare him duly elected to be Principal Assistant Clerk of the House of Representatives.
Mr. Newkirk then took upon him the oath of his office and entered upon its duties.
[A message from the Senate was now received by Mr. Tyner, their Secretary, informing the House of Representatives of the organization of that body and its readiness to proceed to Legislative business.]
On motion of Mr. ORR, the House proceeded to the election of a Doorkeeper.
Mr. LANE nominated James F. Johnson, of Putnam county.
Mr. PROSSER nominated Wm. H. Taggert, of Brown county.
The Clerk reported the whole number of votes 95; necessary to a choice 48-Johnston receiving 59 votes, Taggert 36.
Mr. SPEAKER. James F. Johnson having received a majority of all the votes cast, I announce that he is elected Principal Doorkeeper of this House.
Mr. Johnson was immediately qualified and entered upon his official duties.
page: 9[View Page 9]Mr. BUNDY. Mr. Speaker, I now offer a resolution.
Resolved, That the Senate be informed that the House of Representatives have convened, formed a quorum and organized by the election of Hon. Cyris M. Allen Speaker; the Hon. Jonathan W. Gordon, Clerk; Azur P. Newkirk, Principal Assistant Clerk, and James F. Johnston Doorkeeper; and that they are now ready to proceed to legislative business.
Mr. NEBEKER submitted the following, which was adopted by consent.
Resolved, That a committee of three be appointed, to act with a like committee on the part of the Senate, to wait upon his Excellency, the Governor, and inquire of him when it will be convenient for him to deliver his message to the General Assembly.
The SPEAKER accordingly appointed Messrs. Nebeker, Orr and Bundy to be said joint committee on the part of the House.
RULES OF THE HOUSE.
Mr. HEFFREN submitted the following, which was adopted by consent.
Resolved, That Jefferson's Manual be adopted as Rules of this House till otherwise ordered.
INTRODUCTION OF A BILL.
Mr. BRANHAM introduced a bill, (H. R. No. 1,) entitled "An act defining certain felonies and misdemeanors, prescribing punishment therefor, and providing certain evidence on the part of the State."The bill was read the first time, and ordered to the second reading to morrow.
Mr. PROSSER submitted the following, which was adopted by consent.
Resolved, That the Doorkeeper be instructed to procure one copy of the Revised Acts of 1852; one copy of the Acts of 1856, and one copy of the House Journal of 1859, and place the same on each member's desk in this House.
Mr. ORR submitted the following, which was adopted by consent.
Resolved, That a committee of two be appointed to act with a similar committee on the part of the Senate, to wait upon some minister of the Gospel of this city, and request him to open the sessions of this General Assembly with prayers to-morrow at half-past nine o'clock.
The SPEAKER appointed Messrs. Orr and Nebeker, accordingly.
STATE OF THE UNION.
Mr. HEFFREN submitted now his resolution, which was ruled out by the former Clerk, leaving out the words "in the organization of this House."
Mr. FRAZIER. I move to lay the resolution on the table.
Mr. HEFFREN. I know that motion is not debateable. I merely wish to explain that those who would be in favor of adopting the resolution should vote against it.
Mr. NEBEKER. I simply disagree with the gentleman as to the effect of such a vote.
The SPEAKER. The gentleman is not in order.
Mr. NEBEKER. I understand that.
Mr. FRAZIER. I withdraw the motion.
Mr. BUNDY. I move to refer the resolution to a select committee of thirteen.
Mr. HEFFREN demanded the yeas and nays on this motion, and they were ordered;and being taking the result was-yeas 61, nays 36.
So the resolution was referred.
On motion by Mr. BRANHAM, it was-
Ordered, That when the House adjourns, it shall be till to-morrow morning, to give the officers time to arrange their business.
Mr. JONES, of Vermillion, sabmitted the following:
Resolved, That a committee of three be appointed to superintend the stationery department of the House, and take such steps as to prevent waste by any member or officer of this House, or other person; and that they report thereon.
Mr. HEFFREN. I presume we are all honest; whether we are or not, I do not think it ought to be adopted. I should hate to see a resolution implying a want of honesty on the part of members here.
Mr. BRANHAM. Mr. Speaker, I could wish that the practice here would altogether justify the good opinion the gentleman from Washington has.
Mr. HEFFREN. This is my first session here.
Mr. BRANHAM. If the gentleman will look at the stationery bill for the session of 1857, he will see why this rule was adopted in 1859. The Senate, also, is disposed to pursue a similar course. Every one conversant with the appropriation bill of 1857, knows that the stationery bill was shameful.
The resolution was adopted.
Mr. STOTSENBURG. Mr. Speaker, I desire to present a series of joint resolutions. Permit me to say, that in ordinary times, I could not, (being a young member of the body,) thrust myself forward and present resolutions that look to national affairs; but the times are such, sir, that even in the month of January, 1861, events are so crowding themselves upon us, that we cannot tell when or in how short a period the Union of these States may be dissolved. I desire in stating what these resolutions are, to say briefly that they do not proceed upon the expectation that any remedy can come from Congress.
The SPEAKER. The Chair would suggest to the gentleman, that there is nothing before the House.
Mr. STOTSENBURG. I am stating the substance of the resolutions. I believe that is in order under the Manuel of Jefferson. A member is allowed the right to state what his proposition is before making it.
The SPEAKER. The understanding of the Chair is that when a member has a proposition by way of resolution it should be read first.
The resolutions were then sent up and read as follows:
Whereas, On account of alleged wrongs and irregularities suffered within the Union of the several States composing the United States of America, the citizens of South Carolina, in convention assembled, have assumed the ower to dissolve the connection existing between said tate and the Union; and there is reasonable ground to apprehend that citizens of other States for the same cause may shortly take the same steps: and whereas, all power
page: 10[View Page 10]inherent in the people, and all wrongs and injustice can be righted in the Union by the proper use of remedies provided by the Constitution: and whereas, it is the belief of the people of Indiana that the settlement of these grave questions should be removed from the halls of Congress and the various avenues of partisan strife, and submitted in a constitutional manner to the people of the whole Union: Therefore,
Resolved by the, General Assembly of the State of Indiana, That in conformity with Art. V of the Constitution of the United States this General Assembly does hereby apply to the Congress of the United States to call a convention, to be chosen by the people of the different States, for the purpose of considering and proposing amendments to the Constitution of the United States and hearing the alleged grievances of the several States.
Resolved, That the Legislatures of the several States are invited and urged to co-operate with us in this application for a Convention; and the Governors of those States whose Legislatures are not now in session, are urged to convene them immediately for this purpose.
Resolved, That Indiana, now as ever, conservative and loyal, desires the maintenance of the Union in its vigor and the Constitution in its purity; that she deprecates either Northern or Southern resistance to the laws; and while she is willing to make all reasonable concessions, and to lend her aid to the redress of all real grievances, she will stand by the flag of our common country as the only hope of civil and religious freedom.
Resolved, That the Governor be requested to transmit to each of our Senators and Representatives in Congress, a copy of the foregoing resolutions for presentation to Congress, and also a copy to the Governor of each State of the Union, with a request to lay the same before their respective Legislatures.
Mr. STOTSENBURG. I was proceeding to state that these resolutions do not assume that any remedy can be obtained from the Congress of the United States. The events of the day-the current history of the country, show that it is impossible for Congress to compose the existing conflict. It is impossible to expect from that body any acceptable relief. There are extremists on both sides there, belonging to the two great sections, and it is impossible to get a measure of relief from that body. These resolutions do not propose to have these questions settled by them. Neither do they assume that the proper remedy is to be found in any particular State Convention, or in any Convention of the Border States, or in any Convention of the Northern States, or of the Southern States, as such. No State Convention-no Convention of a portion of the States-can settle the present difficulties, and bring peace to the country. Where, then, is the proper remedy to be found ? It in to be found in the people of the United States. Only the people who established and ordained this Government, can have the full right to change it. They alone have the right to hear grievances and right wrongs such as these, and bring peace with healing on its wings to every portion of the country. The Constitution of the United States, Mr. Speaker, was never designed nor intended by its framers to be a perfect Constitution. They had no idea at the time they made it, that its provisions would never be changed, but they expected, as time passed on, that jealousies would be engendered, and State rights invaded, and that remedies would be provided by amendments. The remedy which these resolutions propose would meet the wants of the people. The people ought to act upon the matter, and they will act in every State of this Union. And is it not right and proper, Mr. Speaker, that whenever the citizens of any State, whether of the Northern or Southern extremity, allege that they have grievances, that the proper tribunal should decide whether they are real or imaginary. If their grievances are real, they can be corrected by change of the Constitution. Such a course would pacify the citizens of all the States. It is well known to every man reared upon American soil and acquainted with American institutions, that no State or Colony ever separates from the mother country, without first going before the world and appealing for the justness of their, intentions, with a statement that they have applied for redress and could not get it. Then let us pave the way for the creation of the proper tribunal to hear the grievances of South Carolina. Tell them that the people of the United States, in Convention assembled, will calmly hear and consider all their grievances and wrongs, apply the proper remedy, and afford every reasonable measure of relief. It will give them time to reflect upon the madness which is now urging them to break down the best government which was ever given to man. Mr. Speaker, I am not a partizan in politics here. I have not introduced these resolutions as a partizan measure. I present them as one of the people of the State of Indiana, because I believe, that if the people have a chance for remedy, they will accept readily, and that the press will take it up in its power and proclaim the terms as glad tidings all over the land. I believe that such a proposition as this, as it would flash upon the wires, would be hailed with joy all over our borders from the Atlantic to the Pacific shores. I do not care who has the glory of it; only give us an effectual remedy for the evils that are threatening and imperiling our country. Mr. Speaker, now is the proper, the accepted time for this proposition. Delaware, Virginia, Tennessee, and Kentucky are now calling and holding extra sessions, and other States are holding regular sessions of their Legislatures. They can all act on this matter at once, they can all make this application to Congress, and Congress may immediately call a convention of the States. These States have great power in the confederacy. They desire a Constitutional remedy for every wrong in the Union; and give opportunity for it, and they will gladly embrace it, especially if the proposition comes from the great conservative State of Indiana. Sir, we owe much to these States. Virginia gave us the magnificent domain we occupy. Let us endeavor then to offer to all the States a proper remedy, by giving them a proper tribunal before which to settle all the evils that now afflict us as a nation. I move that the resolutions be printed and referred to the Committee of Thirteen.
On motion by Mr. HEFFREN, Mr. Jarvis F. page: 11[View Page 11]Jones, of Tippecanoe, now came forward, presented his credentials, and received the oath Of a member of the House of Representatives, and took his seat.
Mr. NEBEKER. I move to strike out the order to print.
Mr. STOTSENBURG accepted the modification of his motion.
Mr. McLEAN considered that, as this was a joint resolution, like a bill, it must pass the second reading before the reference.
The SPEAKER declared the motion in order, and the resolutions were referred to the Select Committee.
REVISION OF THE RULES.
On motion by Mr. RRANHAM, a committee of three was ordered to report a revision of the rules of the last House of Representatives.
The SPEAKER accordingly appointed Messrs. Branham, Heffren and Veatch.
And then, at 20 minntes before 12, the House adjourned.
